^\"r5,^'^ "^.^y^'^^o^ ^.^rj'."^ v^'^*-^-'.^^ 
 
 
 
 
 
 ^ .r.^" 
 
 .- <AP 
 
 r%^ 
 
 
 
 <0 Q^ 
 
 
 
 
 
 ^ % 
 
 .s ^. 
 
 
 
 
 -^* -■«L^ 
 
 ,^^ o^ ^ 
 
 
 
 •S:-x-"-:>:.r..%;:--v.^-.,%-'«--;<^-.,%: 
 
 
 
 
 ^^^'^^c<s^..<^'-^^/;.^...<^— \/^,^,.^ 
 
 
 
 
 ^ o^ I 
 
 ■MS:\*^ ■■mti\\,** ■■'MliW^' .■»»■'-% 
 
 
 
 
 
 
 
 
 .- ^^Ho^ 
 
 
 
 
 f ^<>. 
 
 
 ^^0^ 
 
 .^^ <?^ 
 
 C^ . 
 
 
 ■m^: A 
 
 
 ,^^9. ^^ 
 
 
 
 '^ ^AO^ 
 
 ^ 9^ o 
 
 -^^ 
 
 
 V <^ 
 
 ^-.^^ ' 
 
 
 t "%^^'' : 
 
 . ^ ' Ai 
 
 
 ^#^ 
 
t'W/- ^^S'°^^ ^^"i'^^^ ^^S'=^'^ ^' 
 
 
 "'% 
 
 " c,^^ Q, ^■^^ ^.^ o,^^ O^ 
 
 ^:i-"- 
 
 
 ..,%"'-^ v^*\^..,%'-^' v^*.^-.,%'"-' v>*\--.,%'"-* 
 
 ''^^^•.^'j^",% 
 
 
[ 
 
 I 
 
THE POLITICAL HISTORY 
 
 UNITED STATES OF AMERICA, 
 
 THE GREAT REBELLION, 
 
 INCLUDING 
 
 A CLASSIFIED SmiMART OP THE LEQISLATIOX OF THE SECOND SESSION OF THE TniRTY-SIXTII CON- 
 GRESS, THE THREE SESSIONS OF THE THIRTY-SEVENTH CONGRES-S. THE FIRST SESSION 
 OF THE THIRTY-EIGHTH CONGRESS, WITH THE VOTES THEREON, 
 
 AND THE IMPORTANT 
 
 EXECUTIVE, JUDICIAL, AND POLTTICO-MILITARY FACTS OF THAT 
 EVENTFUL PERIOD; 
 
 TooETiiER ^^Ta the 
 
 ORGANIZATION, LEGISLATION, AND GENEEAL PROCEEDINGS OF THE EEBEI 
 ADMINISTRATION : 
 
 r 
 
 CONTAINING THE PRINCIPAL POLITICAL FACTS OF THE CAMPAIGN OF 1864, 
 A CHAPTER ON THE CHURCH AND THE REBELLION, AND THE PROCEED- 
 INGS OF THE SECOND SESSION OF THE THIRTY-EIGHTH CONGRESS. 
 
 BY EDTVARD McPHERSOX, 
 
 OF OETTTSBURQ, PESXSTLVAMA, 
 
 OLERK OF THE HOUSE OF REPRESENTATIVES OF THE IT. S, 
 
 SZECOIsTID :E3DITZ03^. 
 
 WASHINGTON, D. C: 
 PHILP & SOLOMONS 
 
 1865. 
 
.A?/? 
 
 Entered according to Act of Congress, in the year 1864, by 
 
 PHILP & SOLOMONS, 
 
 In the Clerk's OfiBce of the District Court of the United States for the District of Columbia. 
 
 <in /uL^Ucu^.- 
 
 /Li^. 
 
 ILL i WITHEBOtr, 
 WMblDgton, D. C. 
 
^^i- 
 
 PREFACE. 
 
 This volume is intended to be-a Record of the Legislation, and the general Political 
 History of the United States, for the last four years — a period of unexampled activity 
 and of singularly deep interest and inportance, whether reference be had to the vast 
 material interests involved in the stupendous struggle, or the precedents, principles, 
 and measures vrhich the Convulsion has produced. It is further intended to be a 
 Kecord rather of those salient facts which embody or illustrate principles, than of 
 those which relate to men or parties, and hence have transient and inferior sig- 
 nificauce. 
 
 So abundant have been the materials, that compression has been a necessity. Selec- 
 tion has been made with the purpose of presenting, fully and fairly, the facts as they 
 are, and the agencies by which they came — viewing all else as subordinate. 
 
 The first Ninety pages are devoted to the period of Secession, and contain a narrative 
 of the successive steps in the movement in each State, in chronological order ; also, 
 the elaborate justifying papers of the South Carolina Convention, with counter-selec- 
 tions from other authorities ; together with a condensation of the various propositions 
 of Adjustment made in or out of Congress and the vote upon each taken in cither 
 bod}', and the various Official Papers of the day tending to show the relations of the 
 parties, the wrongs complained of, and the remedies proposed. Closely examining 
 this Record, it is difficult for a candid person to escape the conviction that Adjust- 
 ment was hopeless — Revolution having been the pre-determined purpose of the reck- 
 less men who had obtained control of the State machinery of most of the slaveholding 
 States. This conviction will be strengthened by study of what has since transpired. 
 
 It will be remembered that the Thirty-Sixth Congress proposed permanently to 
 settle the security of slavery in the slaveholding States by an amendment of the Con- 
 stitution, which was adopted by a two-thirds vote in each House. And that it com- 
 pletely disposed of the Territorial feature of the difficulties by agreeing upon, and 
 almost unanimously passing, bills organizing Territories covering the entire area 
 owned by the Government. The record of these two important historical facts is 
 given within. They have great significance in establishing the character of the 
 Rebellion. 
 
IV PREFACE. 
 
 The copy of the Constitution of the United States is believed tohe'stricth/ accurate 
 in text and punctuation, which, it is understood, can be said of only one other copy 
 in print — that in the work known as Ilickey's Constitution. The statement of the 
 differences between it and the Rebel Constitution has been made with extreme care. 
 The common index to the two instruments shows, at a glance, wherein they differ, 
 and will be found both interesting and convenient — the whole chapter possessing 
 special value to large classes of persons. 
 
 In presenting the fticts upon each subject of legislation, the general plan has been: 
 first, to state the result reached, with the final votes; and, then, such proceedings, in 
 the intermediate stages, as are of adequate importance, or necessary to explain tho 
 position of jMembers. This preparation involved constant selection, concerning which 
 there may be differences of opinion — some thinking that too much detail on one 
 subject is given; others, too little of another. In all cases the rule stated, governed. 
 As far as it has been possible to obtain the Rebel legislation on the same or cor- 
 responding subjects, it has been added, with such of their orders and proclamations as 
 were connected with them. A comparison of the two, and the dates of enactment 
 or issue, will prove of service in dispelling delusions and correcting general miscon- 
 ceptions. 
 
 Besides the legislation proper, the volnme contains, in a classified form, all the 
 Messages, Proclamations, Orders, Correspondence, and Addresses of the President; 
 the Diplomacy of the Secretary of State; valuable letters and papers from the Secre- 
 taries of the Treasury, of War, of the Navy, of the Interior, and from the Postmaster 
 General; Opinions of the Attorney Qeneral upon commanding public questions; those 
 of the Orders of Commanding Ofiicers which are within the scope of the work ; the 
 Decisions of the Courts ; and such other data as properly belong therein — the whole 
 forming a multitudinous mass of facts, to any one of which the classification adopted, 
 and the copious index appended, will, it is hoped, make it easy to refer. 
 
 The votes by Yeas and Nays have been carefully compared with the Official 
 Journals of Congress. In preparing these lists, the names of those persons have, for 
 comparison's sake, been italicised, who were elected by, or were at the time generally 
 co-operating with, the Democratic party. All others are in roman. 
 
 Under " Our Foreign Relations " will be found much of permanent value, as well 
 as of current interest and dispute. 
 
 The chapter on the " Conspiracy of Disunion" contains several very interesting 
 documents, chief of which are the extract from U. S. Senator Maclay's journal of 
 1789, recording, probably, the first threat of disunion uttered in Congress, and upon 
 a subject which remained a matter of complaint in some quarters down to the period 
 of Sece'ssion ; and the Minutes of the Proceedings of the Police Commissioners of 
 Baltimore in 18G1, one of the most flagrant as well as one of the latest outbursts of 
 treason. Other portions of this chapter will richly bear examination. I greatly 
 regret that want of space has required the omission of many other facts, gathered from 
 our political history, tending to reveal the true character of this foul conspiracy 
 against Liberty, this crime against humanity. 
 
PREFACE. V 
 
 The lista of the organization of the Rebel " Provisional " and " Permanent" 
 Government have been made up from every accessible source, and, though not com- 
 plete, are more nearly so than any other yet published north of the Potomac, and as 
 nearly so as present facilities afford. They are the result of careful and extensive 
 examination. As a matter of interest, the names of those of the conspirators who 
 were once members of the Congress of the Union have been put in italic. 
 
 This work was undertaken a few month's ago without a realizing sense of the labor 
 it involved. I can scarcely hope to have escaped errors, both of omission and com- 
 mission, but have striven to make "it fair, impartial, and truthful. It deals with the 
 most momentous events of this Century, which will be studied while civil Government 
 exists. I trust that the volume will be of service to those consulting it, and that its 
 general effect will be. to help strengthen the purpose of the American people to main- 
 tain their Unity, their Freedom, and their Power. 
 
 EDWARD McPHERSOX. 
 
 August 11, '^^QL 
 
 PREFACE TO THE SECOND EDITION. 
 
 I have revised the entire work, and corrected every error ascertained. I'he 
 Appendix has expanded greatly beyond the original design. Much of the matter in 
 it is quite inaccessible, and the delays and uncertainties of procuring it led almost 
 Insensibly to an enlargement, and also somewhat disturbed the methodical arrange- 
 ment elsewhere preserved. The historic papers of tl^ South Carolina Convention. 
 as now printed, are from official copies, and differ very suggestively from current 
 versions, in numerous material points. The votes on Secession Ordinances, and 
 subsequently on the Extinction of Slavery, in several of the rebellious States, form 
 a pleasing contrast. 
 
 The copious chapter on " The Church and the Rebellion " has been gathered with 
 great care, and will serve to show their mutual relations and influence, as well as the 
 singularly diverse views which have prevailed in Church courts. The contributions 
 from the Bureau of Military Justice illustrate the practical working of the Emanci- 
 pation policy, and will amply justify attention. To the action of the last session of 
 Congress, and the record of the Presidential canvass which preceded it — of the result 
 of which an official tabular statement is furnished — every student of American politics 
 will have constant occasion to refer. On the great unsettled question of Reconstruc- 
 tion, the full record is presented. 
 
 It would be improper, in issuing this enlarged, and it is hoped improved edition, not 
 to express my thanks for the kind reception given the first by the Press and the 
 Public. 
 
 J/a/r/i 24, 18G5. EDWARD McPHERSOX 
 
TABLE OF CONTENTS, 
 
 Page. 
 
 The Electoral and Popular Vote for 
 President, in 1860 1 
 
 Development of the Secession Movement 2 
 Action of Conventions in South Carolina, Geor- 
 gia, Mississippi, Florida, Louisiana, Alai.ima, 
 Arlvunsas, Texas, North Carolina, Tcniu--'e, 
 Virginia, Kentucky, and Missouri — Injiirrec- 
 tiouary Proceedings in the State of Maryland 
 — Intur-State Coniuiissioners— Organization of 
 a " Southern Congress," and Provisional Gov- 
 ernment — Address of South Carolina to the 
 Slaveholding States, her Declaration of Inde- 
 pendence, and Debates on them — ^Speech of 
 Alexander H. Stephens before the Georgia Legis- 
 lature, Nov. 14, ISOO — Extracts from Addresses 
 by A. II. Stephens, July, 1S59, aud Jan., ISOl; 
 James H. Ilammond, October, 1S5S ; and R. M. 
 T. UiintcT, ISCO— Extract from the Appeal for 
 Recognition, by Yancev, Itust. aud 31ami. aud 
 Earl Russell's Reply— Seizure ;iii'l Surrenikr uf 
 Public Property,from Nuvoui' ler 4, l^CO.to .^Lirch 
 4, 1861— Changes in Pre^id.■Ilt Luchanan-^i Cab- 
 inet — Correspondence between President Buch- 
 anan aud the South CaroUna "Commission- 
 ers " — Demand tor Surrender of I'ort Sumter — 
 Report on the Transfer of Arms to the South 
 in 1S59 aud 18C0— Davis's Bill for the Sale of 
 Government Arms to the States — How the Tel- 
 egraph iuded Secession — Intrigues for a Pacific 
 Republic — Maj'or \V oud's Message Recommend- 
 ing that New York be made a Free City — " Per- 
 sonal Liberty" Laws. 
 
 Proceedings of the Government in Re- 
 lation to the Action of the Insur- 
 rectionary States 48 
 
 Names of the Senators and Representatives of 
 the Tliirty-Sixth Congress, Second Session — 
 Presideut Buchanan's Last Annual Message — 
 Attorney General Black's Opinion on the Powers 
 of the President — The House Committee of 
 Tliirtj'-Three and their Proposition for Adjust- 
 ment, together with abstracts of all other propo- 
 sitions, and votes thereon — Votes on Resolutions 
 respecting the '• Personal Liberty " Laws, the 
 Union, Major Anderson's Course, Coercion, Non- 
 interference with Slavery, and on the Bill to 
 Suppress Insurrection, and to provide for the 
 Collection of Customs — Report of Committee 
 upon the Danger of the Capital, and Vote upon 
 Branch's Resolution to withdraw Troops from 
 the District of Columbia, with Secretary Holt's 
 Report — Disposition of the Navy, and Vote of 
 Censure upon Secretary Toucey — Propositions 
 in Cougressjjy Mason, Hunter, Clingman,Craige, 
 and others-^Settlement of the Question of Sla- 
 very in the Teritories. 
 
 The Constitdtion 91 
 
 Constitution of the United States — Points of 
 Difference between It and the "Confederate" 
 Constitution, with an Index to both — Speech of 
 Alexander II. Stephens, expounding the " Con- 
 federate" Constitution. 
 Administration of Abraham Lincoln.... 105 
 President Lincoln's Inaugural Address— Secre- 
 tary Seward and the "Confederate Commis- 
 Bioners," with Statements of Judge Campbell 
 and Thurlow Weed — The President's Reply to 
 the Virginia Delegation — Commencement of hos- 
 
 Admtnistration of Abraham Lincoln — 
 Continued. 
 
 tilities against the United States, and Why— 
 The '■ War Power " called out— Call for 7.j,(;00 
 Men, and all subsequent Calls arranged in 
 Chronological Order— National Legislation on 
 Military Affairs— " Confederate " Legislation 
 aud Proclamations and Orders — The Thirty- 
 Seventh Congress — President's Message of July, 
 18(il, December, 1801, and December, 1S62— The 
 Tiiirty-Eighth Congress— Annual Message, 1863 
 — Amnesty Proclamation, and Circular of the 
 Attorney General — Proclamations concerning 
 the Blockade, Non-Intercourse with States in Re- 
 bellion, and declaring Boundaries of the Re- 
 bellion. 
 
 Page. 
 
 The African Slave Trade. 
 
 150 
 
 The Seward-Lyons Treaty— Vote in the Senate 
 upon bill to give it elfect — Action of the " Con- 
 federate" Congress on Slave Trade— Jeffc!-sou 
 Davis's Veto thereot^— Intercepted Despatch 
 from Judah P. Benjamin to L. Q. C. Lamar. 
 
 Arrest of Citizens, the Writ of Habeas 
 Corpus, and Suppression of News- 
 papers 153 
 
 Arrest of Members of the Maryland Legislatiure 
 and of the Baltimore Police Commissioners — 
 Orders of Gen. McClellan and Secretary Came- 
 ron — John Merryman's Case and Chief Justice 
 Taney's Opinion— Attorney General Bates's 
 Opinion on the President's Power to Arrest and 
 to Suspend the Privilege of the Writ of Habeas 
 Corpus — Views of Horace Biuney and TheopUilus 
 Parsons — Case of C. L. Vallandigham ; Decision 
 of the Supreme Court therein; his Letter on 
 Retaliation ; his return to Ohio, aud Speech at 
 Hamilton — Proclamaiion of the President Sus- 
 pending the Privilege of the Writ of Habeas 
 Corpus— Indemnification of the President— De- 
 cision of the New York Supreme Court in the 
 Case of George W. Jones vs. W. H. Seward— 
 "Confederate" Legislation upon the suspension 
 of the Writ — Suppressions and Seizures of News- 
 papers, with the ProceeiUngs of the Courts, 
 Congress, and the Post Office Department. 
 
 Confiscation and Emancipation 195 
 
 The Confiscation Bills, and Amendatory Joint 
 Resolution, and Special Message thereon— 
 Emancipation in the Thirty-Seventh Congress — 
 Proposed Repeal of the Joint Resolution afore- 
 said—Sequestration in the Rebel States-Judi- 
 cial and SXilitary Proceedings under the Confis- 
 cation Law — Proclamation thereon — President's 
 Message, March, 1862, recommending Compen- 
 sated Emancipation — Congressional Proceedings 
 thereon — Interview of Border State Congiess- 
 men with the President — Enumcipation in 
 the District of Columbia — The President's Ap- 
 peal to the Border State Congi-essmen, aud their 
 Reply— Extract from the Presidents Annual 
 Message, December, 1S62 — Emancipation in 
 Maryland and Proceedings of the Constitutional 
 Convention thereof— Emancipation Proclama- 
 tions — A'otes thereon and Resolutions con- 
 cerning them — Interview between the Chicago 
 Deputation and the President — Address iil' tlie 
 Loyal Governors — Mr. Boutwell's Statement 
 concerning the Issue of the Proclamation — LeU 
 tera of Charles Sumner and Owen Lovqjoy. 
 
 vii 
 
TABLE OF CONTEXTS. 
 
 Page. 
 Repeal op the Fugitive Slave Laws, "Con- 
 trabands,' AND Kindred Subjects 234 
 
 Votes on th' Passage of the Acta of 1793 and 
 1850 — Rept'iiling Movements in the Thirty- 
 Second, Thirty-Third, Thirty-Seventh, and 
 Thirty-Eiglith Congresses— Census Report rela- 
 ting to the Escajie of Fugitive Slaves from 1S50 
 to iSGO— The New Article of War— Employment 
 of Slaves in Government Dock-Yards, &c. — Re- 
 cognition of Hayti and Liberia— Robert Small- 
 Proposed Removal of the Disqualification of 
 Color in Carrying the Mails — Negro Suffrage in 
 the District of Columbia and Montana Territory 
 — Exclusion of Colored Persons from Rail -cars — 
 Colored Persons as Witnesses — Repeal of Laws 
 regulating the Coastwise Slave Trade— Orders 
 and Letters concerning " Contrabands," bj 
 Gens. McClellau and Rutler, and Secretary 
 Cameron — Fremont's Proclamation of Eman- 
 cipation, and Correspondence with the President 
 thereupon — "Contrabands" in the District of 
 Columbia — Gen. Burnside's Proclamation in 
 North Carolina — Orders and Proclamations by 
 Gens. nalle'ck,Buell, Hooker, McDowell, Double- 
 day and others— General Instructions by the 
 President concerning "Contrabands" — Gens. 
 Phelps and Butler on Arming Negroes— Pro- 
 posed Congressional Censure of Gen. Halleck's 
 Order No. 3— Prohibition of Slavery in the Ter- 
 ritories — Amendments to the Constitution, pro- 
 posed in the Thirty-Eighth Congress, Fust Ses- 
 Biou — Resolutions on Slavery in the States, in the 
 same Congress — Bureau of Freedmen's Affairs. 
 Legislation, Orders, Proclamations and 
 Propositions, Relative to the War, 
 
 AND TO "Peace" 2G1 
 
 The Enrollment Acts of 1S63 and lS6i, with the 
 ■votes upon all their leading Features and Char- 
 acteristics — Resolutions relative to the Enroll- 
 ment — Orders of the Wai" Department enforcing 
 the Draft of 1S62— Gen. McClellau's Recommen- 
 dation of a Draft in 1S61 — Colored Soldiers and 
 their Pay — Opinion of Attorney General Bates 
 respecting the pay of Rev. S. Ilarrison, colored 
 Chaplain of the o4th Mass. Regiment — Rules 
 and Orders fr the Protection of Colored Sol- 
 diers, ua.l a. J President's Speech thereon — Use 
 of Colored Men in the " Cenfederate " Military 
 Service — Negro Enlistment Act of the Tennes- 
 Boe Rebel Legislature— " Confederate " Legisla- 
 tion upon the Treatment of captured Colored 
 Troops and their Otiicers — Homesteads for Sol- 
 diers — Unemployed Generals — Resolutions upon 
 the Objects and" Prosecution of the War, in the 
 Thirty-Keventh and Thirty-Eighth Congresses — 
 " Peace " Propositions in the same — Correspond- 
 ence between the Presidept and Fernando Wood 
 — The Niagara Falls Conference and Correspond- 
 ence — Peace Propositions in the Itebel Congress 
 —Correspondence between Governor Vance and 
 Jefferson Davis- Reported Statement of Davis 
 to Gilmore. 
 
 Military Orders Respecting Elections... 308 
 
 Orders of Gens. BIcClcllan, Dix, and Schenck— 
 Governor Bradford's Proclamation of 1863, and 
 the President's Letter to the Governor — Orders 
 in Delaware, Kentucky, and Missouri — Orders 
 concerning Impressment of Property — Proposed 
 Legislation upon Military Interference in Elec- 
 tions. 
 
 Reconstruction OF States 31'? 
 
 The Reconstruction Bill, with the President's 
 Proclamation thereon, and Statement of Sena- 
 tor Wade and Representative Davis — Electoral 
 Vote of Rebel States— Proposed Commission of 
 Inquiry- Senators from Arkansas— Process of 
 Keconsti-uction in Arkansas, Louisi:«na, and Vir- 
 ginia—Resolutions by sundry Senators and Rep- 
 resentatives concerning the Relations of Rebel' 
 States to the Governmi^nt— Rebel Views of Recon- 
 struction, being Resolutions by the First " Con- 
 federate" Congress, and Legislatures of Rebel 
 States, with Statements of prominent Rebels. 
 
 Miscellaneous Papers and Speeches of 
 THE President 333 
 
 aiessage of May 29, 186-2- Remarks at Union 
 Meeting in WuBhingtou City, August 6, IbCi- 
 
 Pag*. 
 
 Miscellaneous Papers and Speeches of 
 THE President — (Continued.) 
 
 Response to a Serenade, July, 1863 — Speech at 
 the Philadelphia F.air, June 10, 1801— Letters to 
 Horace Greeley, to the Springfield JIass Conven- 
 tion, to Col. A. G. Hodges, of Kentucky, and 
 to the Grant Meeting in New York, June, 1864. 
 
 Our Foreign Relations 338 
 
 The Trent Affair — Monarchical Intrigues in Cen- 
 tral and South America — Alleged Foreign En- 
 Ustuients — Foreign Mediation, being Letters 
 from Secretary Seward to Governor Hicks and 
 M. Drouyn de I'Huys. and from Lord Lyons to 
 Earl Russell, with his Views on those of Now 
 Y'ork Democrats respecting I'oreign Mediation— 
 The French in Mexico — Congressional Action 
 thereon — The Arguelles Case. 
 
 The Finances 358 
 
 Sunmiary of Financial Legislation from Decem- 
 ber, 1S60, to June 30, 1864— Special War Income 
 Tax, and Votes thereon — The "Legal Tender" 
 Question — Loan Bill of 1804 — National Currency 
 Acts — Internal Revenue Acts — Proposed Tax 
 on Slaves— Tariff Acts of 1862 and 1864— Taxes 
 in Insurrectionary Districts — The Public Credit 
 in 1860 and 1861- Statements of Public Debt 
 from June 30, 1860, to June 30, 1864—" Confed- 
 erate" Finances, with their Tax, Funding, and 
 Titliing Acts. 
 
 Miscellaneous Matters 374 
 
 The President's Views on Colonization — Incom- 
 patibility of Civil and Military Ollice — Fisliing 
 Bounties — Acts to Prohibit Polygamy; declaring 
 certain Persons Ineligible to Office; and to Pun- 
 ish Conspiracy — Letters of Marque — Enabling 
 Act for Nebraska — Admission of West Virginia 
 — Opinions of Attoiney General Bates on Citizen- 
 ship, and on the P.ay of Colored Soldiers — Mc- 
 Clellau's Letters Recommending a Political 
 Policy in the Conduct of the War, and Fa- 
 voring Woodward's Election in Pennsylvania — ■ 
 Proposed Censure of President Lincoln and Ex- 
 President Buchanan — Censure of Representa- 
 tives Long and Harris. 
 
 The Conspiracy of Disunion 389 
 
 Threats of Dissolution in the First Congress, 
 1789— Prophetic Utterances of Jackson, Benton, 
 and Claj- — Southern Di::uniou Congressional 
 Caucus in 18J5 — Early Hopes of the Rebels— Ex- 
 President Pierce's Letter to Joli'erson Da^is, 
 18GU— The Disunion Programme — Letter of D. 
 L. Yulce, January 7, 1861 — Douglas'.s Last 
 Words — Pi ogress of the Conspiracy in Maryland 
 — Minutes of the Baltimore Police Commission- 
 ers during "the Reign of Terror" — Report to 
 the Baltimore Councils on Expenditure of the 
 $500,000 appropriated lor Ordnance Purposes — 
 Legislative Action thereon, and other Proceed- 
 ings by the Maryland Legislature of 1801 — Sun- 
 dry Rebel Items. 
 
 The Rebel Administration 400 
 
 The Provisional President, Cabinet, and Con- 
 gress, with Memorandum of Changes — The 
 "Permanent" Administration— The First Con- 
 gress, and Changes therein — The Second Con- 
 gress. 
 
 National Political Conventions in 
 
 1864 403 
 
 The National Union Convention and Letters of 
 Acceptance by President Lincoln and Andrew 
 Johnson — The Cleveland Convention, and the- 
 Letters of Acceptance of Fremont and Coch- 
 rane — Col. Cochrane's Address to his Regiment, 
 November 13, 1861. 
 
 Appendix 417. 
 
 Democratic National Convention — Numerous 
 Letters, Orders, .-ind Documents on Politics, 
 PiMce. Slaverv. tlu^ Draft. Negro Soldiers. i;i. <•■ 
 tion-.&c.— llolfs Report on f'ccr.r ()r.lci>— The. 
 Chiir.b and ti.e Uebelll,.ii-t;e, ....d ^<■,»iun 
 Tliirt\-Ki-l.th Con-rcss. ami of Scioi„l K, I,. I 
 C„i!i:,"..ss-Pr.-si.lent Lii.coln'.s l.asl Pap. r.s a, d 
 Hea'lh-Pre.sideiilial V.ite of 1^64. 
 
 Index 
 
RESULT OF THE PRESIDENTIAL ELECTION OF 1860. 
 
 States- 
 
 popular voTr. 
 
 Maine 
 
 New Hampshire 
 Massacnusetts.., 
 
 Rhode Mand 
 
 Coimecticafc .... 
 
 Vermont 
 
 New York 
 
 New Jersey , - . 
 Pennsylvania... 
 
 Delaware 
 
 Maryland 
 
 Virginia 
 
 North Carolina.. 
 South Carolina.. . 
 
 Georgia , 
 
 Kentucky 
 
 Tennessee 
 
 Ohio 
 
 Louisiana 
 
 Mississippi 
 
 Indiana 
 
 lUinois 
 
 Alabama , 
 
 Missouri 
 
 Arkansas , 
 
 Michigan 
 
 Florida 
 
 Texas 
 
 Iowa , 
 
 Wisconsin , 
 
 Cahfornia , 
 
 Minnesota , 
 
 Oregon , 
 
 Total 
 
 8 
 
 
 
 
 62,811 
 
 2,046 
 
 26,693 
 
 5 
 
 
 
 
 37,519 
 
 441 
 
 25,881 
 
 13 
 
 
 
 
 106,533 
 
 22.331 
 
 34,372 
 
 4 
 
 
 
 
 12,244 
 
 
 *7,707 
 
 6 
 
 
 
 
 43,792 
 
 3,291 
 
 15,522 
 
 b 
 
 
 
 
 33,808 
 
 1,969 
 
 6,849 
 
 30 
 
 
 
 
 362,646 
 
 
 *3r2,510 
 
 4 
 
 
 3 
 
 
 58,324 
 
 
 *62,801« 
 
 '27 
 
 
 
 
 268,030 
 
 12,776 
 
 16,765 
 
 
 
 
 3 
 
 3,815 
 
 3,864 
 
 1,023 
 
 
 
 
 8 
 
 2,294 
 
 41,760 
 
 5,966 
 
 
 15 
 
 
 10 
 
 8 
 10 
 
 1,929 
 
 74,681 
 44,990 
 No 
 42,886 
 
 16,290 
 
 2,701 
 
 popiilar 
 
 11,590 
 
 
 12 
 
 
 
 1,364 
 
 66,058 
 
 25,651 
 
 
 12 
 
 
 
 
 69,274 
 
 11,350 
 
 23 
 
 
 
 6 
 
 7 
 
 231,610 
 
 12,194 
 20,204 
 25,040 
 
 187,232 
 7,625 
 3,283 
 
 13 
 
 
 
 
 139.033 
 
 5,306 
 
 115,509 
 
 11 
 
 
 
 9 
 
 172,161 
 
 4,913 
 27,875 
 
 160,215 
 13,651 
 
 
 
 y 
 
 4 
 
 17,028 
 
 58,372 
 20,094 
 
 58,801 
 5,227 
 
 6 
 
 
 
 3 
 
 4 
 
 88,480 
 
 405 
 
 5,437 
 
 n5,438 
 
 65,057 
 367 
 
 4 
 
 
 
 
 70,409 
 
 1,763 
 
 55,111 
 
 5 
 
 
 
 
 86,110 
 
 161 
 
 65,021 
 
 4 
 
 
 
 
 39,173 
 
 6,817 
 
 38,516 
 
 4 
 
 
 
 22,069 
 
 62 
 
 11,920 
 
 3 
 
 
 
 5,270 
 
 183 
 
 3,951 
 
 180 39 
 
 12 
 
 72 
 
 1,866,452 
 
 590,631 
 
 1,375,157 
 
 6,368 
 2,112 
 5,939 
 
 14,641 
 218 
 
 178,871 
 
 7,337 
 42,482 
 74,323 
 48,539 
 vote. 
 51,889 
 53,143 
 64,709 
 11,405 
 22,681 
 40,797 
 12,295 
 
 2,404 
 
 48,831 
 
 31,317 
 
 28,732 
 
 805 
 
 8,543 
 47,548 
 
 1,048 
 
 888 
 
 34,334 
 
 748 
 
 . 5,006 
 
 Lincoln over Douglas 491,295 
 
 " " Breckinridge 1,018,499 
 
 •' Bell 1,275,821 
 
 Other candidates over Lincoln 947,289 
 
SECESSION MOVEMENT DEVELOPED. 
 
 IsnfEDiATELY thereupon, and clearly by 
 concert of action previously arranged, vari- 
 ous disunion Governors hastily took steps to 
 procure the passage of ordinances of se- 
 cession by Conventions of their States, art- 
 fully using the unsettled excitements of the 
 Presidential canvass to that end. 
 
 These proceedings in brief were as follows : 
 
 SOUTH CAROLINA. 
 
 November 6th, 1860. Legislature met to 
 choose Presidential electors, who voted for 
 Breckinridge and Lane for President and 
 Vice President. Gov. William H. Gist 
 recommended in his message that in the 
 event of Abraham Lincoln's election to the 
 Presidency, a convention of the people of 
 the State be immediately called to consider 
 and determine for themselves the mode and 
 measure of redress. He expressed the 
 opinion that the only alternative left is the 
 " secession of South Carolina from the Fed- 
 eral Union." 
 
 7th. United States officials resigned at 
 Charleston. 
 
 10th. U. S. Senators James H. Hammond 
 and James Chesnut, Jr., resigned their seats 
 in the Senate. Convention called to meet 
 Dec. 17th. Delegates to be elected Dec. 6th. 
 
 13th. Collection of debts due to citizens 
 of non-slaveholding States stayed. Francis 
 W.Pickens elected Governor, who appointed 
 a cabinet consisting of A. G. Masrath Sec- 
 retary of State, David F. Jamison Secretary 
 of War, C. G. Memminoer Secretary of Treas- 
 ury, W. W. Harllee p. M. General, Albert 
 C. Garlington Secretary of Interior. 
 
 17th. Ordinance of Secession adopted 
 unanimously. 
 
 21st. Commissioners appointed (Barn- 
 well, Adams, and Orr) to proceed to Wash- 
 ington to treat for the possession of U. S. 
 Government property witliin the limits of 
 South Carolina. Commissioners appointed 
 to the other Slaveholding States. Southern 
 Congress proposed. 
 
 24th. Representatives in Congress with- 
 drew. 
 
 Gov. Pickens issued a proclamation " an- 
 
 nouncing the repeal, Dec. 20th, 1860, by the 
 good people of South Carolina," of the Ordi- 
 nance of May 23d, 1788, and " the dissolution 
 of the imion between the State of South 
 Carolina and other States under the name 
 of the United States of America," and pro- 
 claiming to the world " that the State of 
 South Carolina is, as she has a right to be, 
 a separate, sovereign, free and independent 
 State, and, as such, has a right to levy war, 
 conclude peace, negotiate treaties, leagues, 
 or covenants, and to do all acts whatsoever 
 that rightfully appertain to a free and in- 
 dependent State. 
 
 " Done in the eighty-fifth year of the 
 sovereignty and independence of South 
 Carolina." 
 
 Jan. 3d, 1861. South Carolina Commis- 
 sioners left Washington. 
 
 4th. Convention appointed T. J. Withers, 
 L. M. Keitt, W.W. Boyce, Jas. Chesnut, Jr., 
 R. B. Rhett. Jr., R. W\ Barnwell, and C. G. 
 Memminger, delegates to Southei'n Con- 
 gress. 
 
 5th. Convention adjourned, subject to the 
 call of the Governor. 
 
 14th. Legislature declared that any at- 
 tempt to reinforce Fort Sumter would be 
 considered an open act of hostility and a 
 declaration of war. Approved the Gov- 
 ernor's action in firing on the Star of the . 
 Went. Accepted the services of the Catawba 
 Indians. 
 
 27th. Received Judge Robertson, Com- 
 missioner from Virginia, but rejected the 
 proposition for a conference and co-operative 
 action.* 
 
 * The resolutions are : 
 
 Resolved xmanimously. That the Geoeral Assembly of 
 South Carolina tenders to the Legislature of Virginia their 
 ackaowledginent of the friendly motives whicli inspired 
 the mission entrusted to Hon. Judge Robertson, her Com- 
 missioner. 
 
 Refiiilvp.d unanimously. That candor, ■which is due to 
 the Uing-contiuu«d sympathy anil respect which has sub- 
 sisted between Virginia and South Carolina, induces the 
 Assembly to declare with frankness that they do not deem 
 it advisable to initiate negotiations, when they have no 
 desire or intention to promote the ultimate object in view. 
 That object is declared, in the resolution of the Virginia 
 Legislature, to be the procurement of amendments to, or 
 new guarantees in, the Constitution of the United States, 
 
 2 
 
SECESSION MOVEMENT DEVELOPED. 
 
 March 26th. Convention met in Charles- 
 ton. 
 
 April Sd. Ratified "Confederate" Consti- 
 tution — yeas 114, nays 16. (See p. 398) 
 
 8th. Transferred forts, etc. to " Confeder- 
 ate" government. 
 
 GEORGIA. 
 
 November 8th, 1860. Legislature met pur- 
 suant to previous arrangement. 
 
 18th. Convention called. Legislature ap- 
 propriated §1,000,000 to arm the State. 
 
 Dec. od. Resolutions adopted in the Leg- 
 islature proposing a Conference of the South- 
 ern States at Atlanta, Feb. 20th. 
 
 January 17th, 1861. Convention met. Re- 
 ceived Commissioners from South CaroUna 
 and Alabama. 
 
 18th. Resolutions declaring it the right 
 and duty of Georgia to secede, adopted — 
 yeas 165, nays 130. 
 
 19th. Ordinance of Secession passed — 
 yeas 208. nays 89. 
 
 21st. Senators and Representatives in Con- 
 gress withdrew. 
 
 24th. Elected Delegates to Southern Con- 
 gress at Montgomery, Alabama. 
 
 28th. Elected Commissioners to other 
 Slaveholding States. 
 
 29th. Adopted an address "to the South 
 and the world." 
 
 March 7th. Convention reassembled. 
 
 16th. Ratified the " Confederate" Consti- 
 tution — yeas 96, nays 5. 
 
 20th. Ordinance passed authorizing the 
 " Confederate" government to occupy, use 
 and possess the forts, navy yards, arsenals, 
 and custom houses within the limits of said 
 State. 
 
 April 26th. Governor Brown issued a 
 proclamation ordering the repudiation by 
 the citizens of Georgia of all debts due 
 Northern men. 
 
 Resolved unanimously, That the separation of South 
 Carolina from the Federal Unioa is final, and she has no 
 further interest in the Constitution of the United States; 
 and that the only appropriate negotiations between her 
 and the Federal Government are as to their mutual re- 
 lations as foreign States. 
 
 Resolved unanimously. That this Assembly further 
 owes it to her friendly relations with the State of Virginia 
 to declare that they have no confidence in the Federal 
 • Government of the United States; tliat the most solemn 
 pledges of that government have been disregarded ; that 
 under pretence of preserving property, hostile troops have 
 been attempted to be introduced into one of the fortresses 
 of this State, concealed in the hold of a vessel of com- 
 merce, with a view to subjugate the people of South Car- 
 olina, and that even since tlie authorities at Washington 
 have been informed of the present mediation of Virginia, 
 a vessel of war has been sent to the South, and troops and 
 munitions of war concentrated on the soil of Virginia. 
 
 Resolved unanimously. That in these circumstances 
 this Assembly, with renewed assurances of cordial re- 
 spect and esteem for the people of Virginia, and high con- 
 sideration for her Commissioner, decline entering into the 
 negotiations proposed. 
 
 The Charleston Mercury of an earlier date thus alluded 
 to Border Stale embassies : 
 
 " Uear them, if you please ; treat them with civility ; 
 feed them, and drench them in champagne — and let tliem 
 go! Let us act as if they had never come, as if they 
 had not spoken, as if they did not exist ; and let them 
 eeek to preserve their Treasury pap through some more 
 supple agency than ours. The time has gone by when 
 thp voice of a Virginia politician, tliough he coo like a 
 dove, should be heard in the land of a patriotic people." 
 
 MISSISSIPPI. 
 
 November 26th, 18G0. Legislature met 
 Nov. 26th, and adjourned Nov. 30th. Elec- 
 tion for Convention fixed for Dec. 20th, Con- 
 vention to meet Jan." 7th. Convention bills 
 and secession resolutions passed unani- 
 mously. Commissioners appointed to other 
 Slaveholding States to secure " their co-oper- 
 ation in efi'ecting measures for their common 
 defence and safety." 
 
 Jan. 7th, 1861. Convention assembled. 
 
 9th. Ordinance of Secession passed — yeas 
 84, nays 15. 
 
 In the ordinance the people of the State 
 of Mississippi express their consent to form 
 a federal union with such of the States as 
 have seceded or may secede from the Union 
 of the United States of America, upon the 
 basis of the present Constitution of the 
 United States, except such pai-ts thereof as 
 embrace other portions than such seceding 
 States. 
 
 10th. Commissioners from other States 
 received. Resolutions adopted, recognizing 
 South Carolina as sovereign and independent. 
 
 Jan. 12th. Representatives in Congress 
 withdrew. 
 
 19th. The committee on the Confederacy 
 in the Legislature reported resolutions to 
 provide for a Southern Confederacy, and to 
 establish a provisional government for se- 
 ceding States and States hereafter seceding. 
 
 21st. Senators in Congress withdrew. 
 
 March 30th. Ratified " Confederate" Con- 
 stitution — yeas 78, nays 7. 
 
 FLORIDA. 
 
 November 26th, 1860. Legislature met. 
 Governor M. S. Perry recommended imme- 
 diate secession. 
 
 Dec. 1st. Convention bill passed. 
 
 Jan. 3d, 1861. Convention met. 
 
 7th. Commissioners from South Carolina 
 and Alabama received and heard. 
 
 10th. Ordinance of Secession passed — 
 yeas 62, nays 7. (See p. .399.) 
 
 18th. Delegates appointed to Southern 
 Congress at Montgomery. 
 
 21st. Senators and Representatives in 
 Congress withdrew. 
 
 Feb. 14th. ' Act passed by the Legislature 
 declaring that after any actual collision be- 
 tween Federal troops and those in the em- 
 ploy of Florida, the act of holding office 
 under the Federal government shall be de- 
 clared treason, and the person convicted 
 shall suffer death. Transferred control of 
 government property captured, to the "Con- 
 federate" government. 
 
 LOUISIANA. 
 
 December 10th, 1860. Legislature met. 
 
 11th. Convention called for Jan. 23d. Mil- 
 itary bill passed. 
 
 12th. Commissioners from Mississippi 
 received and heard. Governor instructed 
 to communicate with Governors of other 
 southern States. 
 
SECESSION MOVEMENT DEVELOPED. 
 
 January 23d, 1861. Convention met and 
 organized. Received and heard Commis- 
 sioners from South Carolina and Alabama. 
 
 25th. Ordinance of Secession passed — 
 yeas 113, nays 17. Convention refused to 
 submit the ordinance to the people by a vote 
 of 84 to 45. 
 
 The Kt.itement in tlie first edition that this action was 
 n-cousi.l'n'd, iin.l the Onliiiiiuce suumitted, ia incorrect. 
 It was iiot voted upon hy tho peuple. 
 
 Feb. 5th. Senators withdrew from Con- 
 gress, also the Representatives, except John 
 E. Bouligny. State flag adopted. Pilots at 
 the Balize prohibited from bringing over the 
 bar any United States vessels of war. 
 
 March 7th. Ordinance adopted in secret 
 session transferring to " Confederate" States 
 government $536,000, being the amount of 
 bullion in the U. S. mint and customs seized 
 by the State.* 
 
 16th. An ordinance voted down, submit- 
 ting the "Confederate" Constitution to the 
 people — yeas 26, nays 74. 
 
 21st. Ratified the "Confederate" Consti- 
 tution — yeas 101, nays 7. Governor au- 
 thorized to transfer the arms and property 
 captured from the United States to the 
 " Confederate" Government. 
 
 27th. Convention adjourned sine die. 
 
 ALABAMA. 
 
 January 7th. 1861. Convention met. 
 
 8th. Received and heard the Commissioner 
 from South Carolina. 
 
 11th. Ordinance of Secession passed in 
 secret session — yeas 61, nays 39. Proposi- 
 tion to submit ordinance to the people lost 
 — yeas 47, nays 53. 
 
 14th. Legislature met pursuant to previous 
 action. 
 
 19th. Delegates elected to the Southern 
 Congress. 
 
 21st. Representatives and Senators in Con- 
 gress withdrew. 
 
 26th. Commissioners appointed to treat 
 with United States Government relative to 
 the United States forts, arsenals, etc., within 
 the State. 
 
 The Convention requested the people of 
 the States of Delaware, Maryland, Virginia, 
 North Carolina, South Carolina, Florida, 
 Georgia, Mississippi. Louisiana, Texas, Ar- 
 kansas, Tennessee, Kentucky and Missouri 
 to meet the people of Alabama by their 
 delegates in Convention, February 4th, 1861, 
 at Montgomery, for the purpose of consult- 
 ing as to the most effectual mode of securing 
 concerted or harmonious action in whatever 
 ]neasures may be deemed most desirable 
 for their common peace and security. — 
 Military Bill passed. Commissioners ap- 
 pointed to other Slaveholding States. 
 
 March 4th. Convention re-assembled. 
 
 13th. Ratified " Confederate" Constitution, 
 
 * March 14th, 1861. The "Confederate" Congress passed 
 a resolution accepting these fuuds, with " a high sense 
 of t.hi3 ViitrioticliberalUy of the State of Louisiaua." 
 
 yeas 87, nays 6. Transferred control of forts, 
 arsenals, etc., to " Confederate" Government 
 
 ARKANSAS. 
 January 16th, 1861. Legislature passed 
 Convention Bill. Vote of the people on the 
 Convention was 27,412 for it, and 15,826 
 
 I against it. 
 
 , February 18th. Delegates elected. 
 
 I March 4th. Convention met. 
 
 i 18th. The Ordinance of Secession de 
 feated — yeas 35, nays 39. The Convention 
 effected a compromise by agreeing to submit 
 the question of co-operation or secession to 
 the people on the 1st Monday in August. 
 
 May 6th. Passed Secession Ordinance — 
 yeas 69, nays 1. Authorized her delegates 
 to the Provisional Congress, to transfer the 
 arsenal at Little Rock and hospital at Napo- 
 leon to the " C'Onfederate" Govermnent. 
 
 TEXAS. 
 
 January 21st, 1861. Legislature met. 
 
 28th. People's State Convention met. 
 
 29th. Legislature passed a resolution de- 
 claring that the Federal Government has no 
 power to coerce a Sovereign State after she 
 has pronounced her separation from the 
 Federal Union. 
 
 February 1st. Ordinance of Secession 
 passed in Convention — yeas 166, nays 7. 
 Military Bill passed. 
 
 7th. Ordinance passed, forming the foun- 
 dation of a Southern Confederacy. Dele- 
 gates to the Southern Congress elected. 
 Also an act passed submitting the Ordinance 
 of Secession to a vote of the people. 
 
 23d. ■ Secession Ordinance voted on by 
 the people ; adopted by a vote of 34,794 in 
 favor, and 11,235 against it. 
 
 March 4th. Convention declared the State 
 out of the Union. Gov. Houston issued a 
 proclamation to that effect. 
 
 16th. Convention by a vote of 127 to 4 
 deposed Gov. Houston, declaring his seat 
 vacant. Gov. Houston issued a proclama- 
 tion to the people protesting against this 
 action of the Convention. 
 
 20th. Legislature confirmed the action of 
 the Convention in deposing Gov. Houston 
 by a vote of 53 to 11. Transferred forts, etc., 
 to " Confederate" Government. 
 
 23d. Ratified the "Confederate" Consti- 
 tution — yeas 68, nays 2. 
 
 NORTH CAROLINA. 
 
 November 20th, 1860. Legislature met. 
 Gov. Ellis recommended that the Legislature 
 invite a conference of the Southern States, 
 or failing in that, send one or more delegates 
 to the neighboring States so as to secure 
 concert of action. He recommended a 
 thorough reorganization of the militia, and 
 the enrolment of all persons between 18 and 
 45 years, and the organization of a corps of 
 ten thousand men ; also, a Convention, to as- 
 semble immediately after the proposed con- 
 sultation with other Southern States shall 
 have terminated. 
 
SECESSION MOVEMENT DEVELOPED. 
 
 December 9th. Joint Committee on Federal 
 Reliitions agreed to report a Convention Bill. 
 
 17th. Bill appropriating $300,000 to arm 
 the State, debated. 
 
 18th. Senate passed above bill — yeas 41, 
 nays 3. 
 
 '20th. .Commissioners from Alabama and 
 Mississippi received and heard — the latter, 
 J. Thompson, by letter. 
 
 22d. Senate Bill to arm the State failed to 
 pass the House. 
 
 22d. Adjourned till January 7th. 
 
 January 8th, 1861. Senate Bill arming 
 the State passed the House, yeas 73, nays 26. 
 
 30th. Passed Convention Bill — election to 
 take place February 28th. No Secession Or- 
 dinance to be valid without being ratified by 
 a majority of the qualified voters of the State. 
 
 31st. Elected Thos. L. Clingman United 
 States Senator. 
 
 February 13th. Commissioners from Geor- 
 gia publicly received. 
 
 20th. M r. Hoke elected Adjutant General 
 of the State. Military Bill passed. 
 
 2Sth. Election of Delegates to Convention 
 took place. 
 
 28th. The vote for a Convention was 46,671; 
 against 47,333 — majority against a Conven- 
 tion 661. 
 
 May 1st. Extra session of the Legislature 
 met at the call of Gov. Ellis. The same day 
 they passed a Convention Bill, ordering the 
 election of delegates on the 13th. 
 
 2d. Legislature adjourned. 
 
 13th. Election of delegates to the Conven- 
 tion took place. 
 
 20th. Convention met at Raleigh. 
 
 21st. Ordinance of Secession passed; also 
 the " Confederate" Constitution ratified. 
 
 June 5th. Ordinance passed, ceded the 
 arsenal at Fayetteville, and transferred 
 magazines, etc., to the "Confederate" Go- 
 vernment. 
 
 TENNESSEE. 
 
 January 6th, 1861. Legislature met. 
 
 12th. Passed Convention Bill. 
 
 30th. Commissioners to Washington ap- 
 pointed. 
 
 February 8th. People voted no Conven- 
 tion: 67,860 to 54.1.56. 
 
 May 1st. Legislature passed a joint resolu- 
 tion authorizing the Governor to appoint 
 Commissioners to enter into a military 
 league with the authorities of the " Confed- 
 erate" States. 
 
 7th. Legislature in secret session ratified 
 the league entered into by A. 0. W. Totten, 
 Gustavus A. Henry, Washington Barrow, 
 Commissioners for Tennessee, and Henry 
 W. Hilliard, Commissioner for "Confed- 
 erate" States, stipulating that Tennessee 
 until she became a member of the Con- 
 federacy placed the whole military force of 
 the State imder the control of the President 
 of the " Confederate" States, and turned over 
 to the " Confederate" States all the public 
 property, naval stores and munitions of war. 
 
 Passed the Senate, yeas 14, nays 6, absent 
 and not voting 5 ; the House, yeas 42, nays 
 15, absent and not voting, 18.* Also a De- 
 claration of Independence and Ordinance 
 dissolving the Federal relations between 
 Tennessee and the United States, and an or- 
 dinance adopting and ratifying the Confeder- 
 ate Constitution, these two latter to be voted 
 on by the people on Jmic 8th, were passed. 
 June 24th. Gov. Isham G. Harris declared 
 Tennessee out of the Union, the vote for 
 Separation being 104,013 against 47,238, 
 
 VIRGINIA. 
 
 January 7th, 1861. Legislature convened. 
 
 8th. Anti-coercion resolution passed. 
 
 9th. Resolution passed, asking that the 
 status quo be maintained. 
 
 10th. The Governor transmitted a des- 
 patch from the Mississippi Convention, an- 
 nouncing its unconditional secession from 
 the Union, and desiring on the basis of the 
 old Constitution to form a new union with 
 the seceding States. The House adopted — 
 yeas 77, nays 61, — an amendment submit- 
 ting to a vote of the people the question of 
 referring for their decision any action of 
 the Convention dissolving Virginia's con- 
 nection with the Union, or changing its 
 organic law. The Richmond Enquirer 
 denounced "the emasculation of the Con- 
 vention Bill as imperilling all that Virginians 
 hold most sacred and dear." 
 
 16th. Commissioners Hopkins and Gil- 
 mer of Alabama received in the Legislature. 
 
 17th. Resolutions passed proposing the 
 Crittenden resolutions as a basis for adjust- 
 ment, and requesting General Government to 
 avoid collision with Southern States. Gov. 
 Letcher communicated the Resolutions of 
 the Legislature of New York, expressing 
 the utmost disdain, and saying that " the 
 threat conveyed can inspire no terror in 
 freemen." The resolutions were directed to 
 be returned to the Governor of New York. 
 
 18th. $1,000,000 appropriated for the 
 defence of the State. 
 
 19th. Passed resolve that if all efforts 
 to reconcile the differences of the country 
 
 * The following is the vote in the Senate on the adoption 
 of the league: 
 
 Yeas.— Messrs. Allen, Horn, Hunter, .Tohnson, Lane, 
 Minnis, McClellan, McKeilley, Payne, Peter';, Stanton, 
 Thompson, Wood, and Speaker Stovall. Nays— Messrs. 
 Boyd, Bradford, Hildreth, Kash, Richardson and Stokes. 
 Absent and not voting — Messrs. Bumpass, Mickley, New- 
 man, Stokely, and Trimble. 
 
 The following is the vote in the House : 
 
 Yeas.— Messrs. Baker of Perry, Baker of Weakley, 
 Bayless, Bieknell, Bledsoe, Cheatham, Cowden, Davidson, 
 Davis, Dudley, Ewing, Farley, Farrelly, Fold, Frazie, 
 Gantt, Guy, Havron, Halt, Inaram, Jones, Kenner, 
 McCabe, Morphies, Nail, Hickett, Porter, Richardson, 
 Roberts, Shield, Smith, Sewel, Trevitt, Vaughn, Whit- 
 more, Woods, and Speaker Whitthorne. Nays —Messrs. 
 Armstrong, Brazeltou, Butler, Caldwell, Gorman, Greene, 
 Morris, Norman, Russell, Senter, Strewsbury, Wliite of 
 Davidson, Williams of Knox, Wiseuer, and Woodard. 
 Absent mid 7io< Dohngr —Messrs. Barksdale, Beaty, Ben- 
 nett, Britton, Critz, Doak, East. Gillespie, Harris, Hebb, 
 Johnson, Kiucaid of Anderson, Kincaid of Claiborne, 
 Trewhitt, White of Dickson, Williams of Franklin, Wil- 
 liams of Hickman, and Wi: 
 
6 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 fail, every consideration of honor and in- 
 terest demands that Virginia shall unite her 
 destinies with her sister slaveholding States. 
 Also that no reconstruction of the Union 
 can be permanent or satisfactory, which will 
 not secure to each section self-protecting 
 power against any invasion of the Federal 
 Union upon the reserved rights of either. 
 (See Hunter's proposition of adjustment.) 
 
 21st. Replied to Commissioners Hopkins 
 and Gilmer, expressing inability to make a 
 definite response until after the meeting of 
 the State Convention. 
 
 22d. The Governor transmitted the res- 
 olutions of the Legislature of Ohio, with 
 unfavorable comment. His message was 
 tabled by a small majority. 
 
 30th. The House of Delegates to-day 
 tabled the resolutions of the Pennsylvania 
 Legislature, but referred those of Tennessee 
 to the Committee on Federal Relations. 
 
 February 20th. The resolutions of the 
 Legislature of Michigan were returned with- 
 out comment. 
 
 28th. Ex-Presi(Jent Tyler and James A. 
 Seddon, Commissioners to the Peace Con- 
 gress, presented their report, and denounced 
 the recommendation of that body as a de- 
 lusion and a sham, and as an insult and an 
 oftense to the South. 
 
 Proceedings of Virginia Convention. 
 
 February 4th. Election of delegates to 
 the Convention. 
 
 13th. Convention met. 
 
 14th. Credentials of John S. Preston, 
 Commissioner from South Carolina, Fulton 
 Anderson from Mississippi, and Henry L. 
 Benning from Georgia, were received. 
 
 18th. Commissioners from Mississippi 
 and Georgia heard ; both pictured the dan- 
 ger of Virginia remaining with the North ; 
 neither contemplated such an event as re- 
 union. 
 
 19th. The Commissioner from South 
 Carolina was heard. He said his people 
 believed the Union unnatural and monstrous, 
 and declared that there was no human force 
 — no sanctity of human touch, — that could 
 re-unite the people of the North with the 
 people of the South — that it could never be 
 done unless the economy of God were 
 changed. 
 
 20th. A committee reported that in all 
 but sixteen counties, the majority for sub- 
 mitting the action of the Convention to a 
 vote of the people was 52.857. Numerous 
 resolutions on Federal Relations introduced, 
 generally expressing attachment to the 
 Union, but denouncing coercion. 
 
 26th. Mr. Goggin of Bedford, in his 
 speech, denied the right of secession, but 
 admitted a revolutionary remedy for wrongs 
 committed upon a State or section, and said 
 wherever Virginia went he was with her. 
 
 March 2d. Mr. Goode of Bedford offered 
 a resolution that, as the powers delegated 
 to the General Government bv Virginia had 
 
 been perverted to her injury, and as the 
 Crittenden propositions as a basis of adjust- 
 ment had been rejected by their Northern 
 confederates, therefore every consideration 
 of duty, interest, honor and patriotism re- 
 quires that Virginia should declare her con- 
 nection with the Government to be dissolved. 
 
 5th. The thanks of the State were voted 
 to Hon. John J. Crittenden, by yeas 107, 
 nays 16, for his efforts to bring about an 
 honorable adjustment of the national diffi- 
 culties. Mr. Harvie of Amelia offered a 
 resolution, requesting Legislature to make 
 needful appropriations to resist any attempt 
 of the Federal authorities to hold, occupy 
 or possess the property and places claimed 
 by the United States in any of the seceded 
 States, or those that may withdraw or col- 
 lect duties or imposts in the same. 
 
 9th. Three reports were made from the 
 Committee on Federal Relations. The ma- 
 jority proposed to submit to the other States 
 certain amendments to the Constitution, 
 awaiting the response of non-slaveholding 
 States before determining whether " she will 
 resume the powers granted by her under the 
 Constitution of the United States, and throw 
 herself upon her reserved rights ; meanwhile 
 insisting that no coercion be attempted, the 
 Federal forts in seceded States be not re- 
 inforced, duties be not collected, etc.," and 
 proposing a Convention at Frankfort, Ken- 
 tucky, the last Monday in May, of the States 
 of Delaware, Maryland, North Carolina, 
 Tennessee, Kentucky, Missouri and Arkan- 
 sas. Henry A. Wise differed in details, and 
 went further in the same direction. Messrs. 
 Lewis E. Harvie, Robert L. Montague and 
 Samuel C. Williams recommended the im- 
 mediate passage of an Ordinance of Secession. 
 Mr. Barbour of Culpeper insisted upon the 
 immediate adoption by the non-slaveholding 
 States of needed guarantees of safety, and 
 provided for the appointment of three Com- 
 missioners to confer with the Confederate 
 authorities at Montgomery. 
 
 19th. Committee on Federal Relations 
 leported proposed amendments to the Con- 
 stitution, which were the substitute of Mr. 
 Franklin of Pa, in " Peace Conference," 
 changed by using the expression " involun- 
 tary servitude" in place of "persons held to 
 service." The right of owners of slaves is 
 not to be impaired by congressional or ter- 
 ritorial law, or any pre-existing law in terri- 
 tory hereafter acquired. 
 
 Involuntary servitude, except for crime, 
 to be prohibited north of 36° 30', but shall 
 not be prohibited by Congress or any Terri- 
 torial legislature south of that line. The 
 third section has some verbal alterations, 
 providing somewhat better security for 
 property in transit. The fifth section pro- 
 hibits the importation of slaves from places 
 beyond the limits of the United States. The 
 sixth makes some verbal changes hi relation 
 to remiuieration for fugitives by Congress, 
 and erases the clause relative to the securing 
 
SECESSION MOVEMENT DEVELOPED. 
 
 of privileges and immunities. The seventh 
 forl)ids the granting of the elective franchise 
 and right to hold ofSce to persons of the 
 African race. The eighth provides that 
 none of these amendments, nor the third 
 paragraph of the second section of the first 
 article of the Constitution, nor the third 
 paragraph of the second section of the fourth 
 article thereof, shall be amended or aboUshed 
 without the consent of all the States. 
 
 25th. The Committee of the Whole re- 
 fused (jreas 4, nays 116) to strike out the 
 majority report and insert Mr. Carlile's 
 " Peace Conference" substitute. 
 
 26th. The Constitution of the " Confede- 
 rate" States, proposed by Mr. Hall as a sub- 
 stitute for the report of the committee, re- 
 jected — yeas 9, nays 78. 
 
 28th. The first and second resolutions 
 reported by the committee adopted. 
 
 April 6th. The ninth resolution of the ma- 
 jority report came up. Mr. Bouldin offered 
 an amendment striking out the whole, and 
 inserting a substitute declaring that the in- 
 dependence of the seceded States should be 
 acknowledged without delay, which was lost 
 — yeas 68, nays 71. 
 
 9th. Mr. Wise's substitute for the tenth 
 resolution, to the effect that Virginia recog- 
 nizes the independence of the seceding 
 States, was adopted — yeas 128, nays 20. 
 
 April 17. Ordinance of Secession passed 
 in secret session — yeas 88, nays 55, one ex- 
 cused, and eight not voting.* 
 
 * The injunction of secrecy has never been removed 
 from this vote, but the tally was recently discovered 
 aiii.iug the papers of Lewis T. Kinser, Esq., deceased, 
 former law partner of George W. Brent, delegate from 
 Alexandria, Va., and is as follows, as published in the 
 Washington Star : 
 
 Yeas.— Wra. M. Ambler, Wm. B. Aston, Jas. Barbour, 
 Angus R. Blakey, George Blow, Jr., James Boisseau, 
 Peter B. Boost, Wood Bouldin, Wm. W. Boyd, Thomas 
 Branch, James G. Bruce, Fred, M. Cabell, John A. Camp- 
 bell, Allen T. Caperton, William P. Cicil, John K. Cham- 
 bliss, Manilas Chapman, Sam'l A. Coffman, Raphael M. 
 Conn, James H. Cox, Richard H. Cox, John Cricher, 
 Harvv Deskins, James B. Dorman, John Echols, Miers 
 W. Fisher, Thos. S. Flournoy, Wm. W. Forbes, Napoleon 
 B. French, Sam'l M. Garland, H. L. Gillespie, Sam'l L. 
 Graham, Fendall Gregory, Jr., Wm. L. Goggin, John 
 Goode, Jr., Thos. F. Goode, F. L. Hale, Cyrus Hall, L. S. 
 Hall, Lewis E. Harvie, James P. Holcombe, John N. 
 Huglies, EppaHunton, Lewis D. I.sbell, Marmaduke John- 
 son, Peter C. Johnston, Robert C. Kent, John J. Kindred, 
 James Lawson, Walter D. Leake, Wm. H. McFarland, 
 Charles K. Mallory, Jas. B. Mallory, John L. Mayre, Sr., 
 Fleming B. Miller, Horatio G. Moffett, Robert L. Mon- 
 tague, Edward T. Morris, Jeremiah Morton, William J. 
 Neblett, Johnson Orrick, Wm. C. Parks, Wm. Ballard 
 Preston, George W. Randolph, George W. Richardson, 
 Timothy Rives, Robert E. Scott, William C. Scott, John 
 T Seawell, James W. Sheffey, Charles R. Slaughter, 
 Valentine W. Southall, John M. Speed, Sam'l G. Staples, 
 James M. Strange, Wra. T. Sutherlin, George P. Tayloe, 
 John T. Thornton, Wm. M. Treadway, Robert H. Turner, 
 Franklin P. Turner, John Tyler, Edward Waller, Robert 
 H. Whitfield, Sam'l C. Williams, Henry A. Wise, Sam'l 
 Woods, Benjamin F. Wysor— 88. 
 
 Nats.— Edward M. Armstrong, John B. Baldwin, Geo. 
 Baylor, Geo. W. Berlin, Caleb Boggess, Geo. W. Brent, 
 Wm. G. Brown, John S. Burdett, James Barley, Benj. W. 
 Byrne, John S. Carlile, John A. Carter, Sherrard Clem- 
 ens, C. B. Sonrad, Robert T. Conrad, James H. Couch, 
 W. H. B. Custis, Marshal M. Dent, Wm. H. Dulany, Jubal 
 A. Earley, Colbert C. Fugate, Peyton Gravely, Algernon 
 S. Gray, Epliraim B. Hall, Allen C. Hammoiid, Alpheus 
 F. Havmond, James W. Hodge, J. G. Holladay, Chester 
 D. Hubbard, George W. Hall, John J. Jackson, John F. 
 
 Same day the Commissioners adopted and 
 ratified the Constitution of the Provisional 
 Government of the " Confederate" States of 
 America, this ordinance to cease to have 
 legal effect if the people of Virginia voting 
 upon the Ordinance of Secession should re- 
 ject it.* 
 
 Lewis, Wm. McComas, James C. McGrew, James Mar- 
 shall, Henry M. Masters, Samuel McD. Moore, Hugh M. 
 Nelson, Logan Osburn, Spicer. Patrick, Edmund Pendle- 
 ton, George McC. Porter, Samuel Price, David Pugh, John 
 D. Sharp, Thomas Sitliugtou, Burwell Spurlocb, Alex- 
 ander H. H. Smart, Chapman J. Stuart, Geo. W. Sum- 
 mer.s, Campbell Tarr, William White, William C. Wick- 
 ham, Waitman T. Willey, John Janney (President) — oj. 
 
 Excused — Benjamin Wilson. 
 
 Tbe following members appeal not to have been pres- 
 ent, as there is no tally opposite their names in the list 
 from which we quote : 
 
 Alfred Barbour, Robert E. Grant, Addison Hale, John R. 
 Kilby, Paul McNeil, John Q. Marr, Thomas Martin, Peter 
 Saunders, Sen. 
 
 *Pending the vote on ratifying the Ordinance of Seces- 
 sion, senator J. M. Mason published the following letter: 
 
 Winchester, Virginia, May 16, 1861. 
 To the Editor of the WinchesterVirginian: 
 
 The question has been frequently put to me. what po- 
 sition will Virginia occupy should the Ordinance of Se- 
 ces.sion be rejected by the people at the approaching 
 election? And the frequency of the question may be an 
 excuse for giving publicity to the answer. 
 
 The Ordinance of Sece.ssion withdrew [he State of Vir- 
 ginia from the Union, with all the consequences resulting 
 from the separation. It annulled the Constitution and 
 the laws of the United States within the limits of this 
 State, and absolved the citizens of Virginia from all obli- 
 gations of obedience to them. 
 
 Hence it follows, if this Ordinance be rejected by the 
 people, the State of Virginia will remain in the Union, 
 and the people of the State will remain bound by the Con- 
 stitution of the United States, and obedience to the Gov- 
 ernment and laws of the United States will be fully and 
 rightfully enforced against them. 
 
 It follows, of course, that in the war now carried on by 
 the Government of the United States against the seceded 
 States, Virginia must immediately change sides, and 
 under the orders of that Government turn her arms 
 against her southern sisters. 
 
 From this there can be no escape. As a member of the 
 Union, all her resources of men and money will be at 
 once at the command of the Government of the Union. 
 
 Again : for mutual defence, immediately after the Ordi- 
 nance of Secession passed, a treaty or " military league" 
 was formed by the convention, in the name of the people 
 of Virginia, with the " Confederate States" of the South, 
 by which the latter were bound to march to the aid of 
 our State against the invasion of the Federal Government. 
 And we have now in Virginia, at Harper's Ferry and at 
 Norfolk, in face of the common foe, several thousand of 
 the gallant sons of South Carolina, of Alabama, of Lou- 
 isiana, Georgia, and Mississippi, who hastened to fnlfil 
 the covenant they made, and are ready and eager to lay 
 down their lives, side by side with our sons, in defence 
 of the soil of Virginia. 
 
 If the Ordinance of Secession is rejected, not only will 
 this " military league" be annulled, but it will have been 
 made a trap to inveigle our generous defenders into,the 
 hands of their enemies. 
 
 Virginia remaining in the Union, duty and loyalty to 
 her obligations to the Union will require that those south- 
 ern forces shall not be permitted to leave the State, but 
 shall be delivered up to the government of the Union ; 
 and those who refuse to do so will be guilty of treason, 
 and be justly dealt with as traitors. 
 
 Treason against the United States consists as well "in 
 adhering to its enemies and giving them aid," as in 
 levying war. 
 
 If it be asked. What are those to do who in their con- 
 sciences cannot vote to separate Virginia from the United 
 States? the answer is simple and plain. Honor and duty 
 alike require that they should not vote on the question; 
 and if they retain such opinions, they must leave the 
 State. 
 
 None can doubt or question the truth of what I have 
 written, and none can vote against the Ordinance of Se- 
 cession who do not thereby (whether ignorantly or other- 
 wise) vote to place himself and his State in the position I 
 have indicated. J- M. Mason. 
 
SECESSION MOVEMENT DEVELOPED. 
 
 25lh. A Convention was made between 
 Commissioners of Virginia, chosen by the 
 Convention, and A. H. Stephens, Commis- 
 sioner for " Confederates," stipulating that 
 Virginia until she became a member of the 
 Confederacy should place her military force 
 under the direction of the President of the 
 " Confederate" States ; also turn over to " Con- 
 federate" States all her public property, naval 
 stores, and munitions of war. Signed by 
 J. Tyler, W. B. Preston, S. McD. Moore, 
 Jas. P. Holcombe, Jas. C. Bruce, Lewis E. 
 Harvie — for Virginia; and A. H. Stephens 
 for " Confederate" States. 
 
 June 25th. Secession vote announced as 
 128.8S4 for, and 32,134 against. 
 
 July. The Convention passed an ordinance 
 to the effect, tl.at ariy citizen of Virginia 
 holding office under the Government of the 
 United States after the 31st of July, 1861, 
 should be forever banished from the State, 
 and be declared an alien enemy. Also that any 
 citizen of V^irginia, hereafter undertaking to 
 represent the State of Virginia in the Con- 
 gress of the United States, should in addition 
 to the above penalties be considered guilty 
 of treason and his property be liable to con- 
 fiscation. A provision was inserted ex- 
 empting from the penalties of the act all 
 officers of the United States outside of the 
 United States, or of the Confederate States, 
 until after July 1st, 1862. 
 
 KENTUCKY. 
 
 December 12th, 1860. Indiana miUtia offer 
 their services to quell servile insurrection. 
 Gov. Magoffin declines accepting them. 
 
 January 17th, 1861. Legislature convened. 
 
 22d. The House by a vote of 87 to 6 re- 
 solved to resist the invasion of the South at 
 all hazards. 
 
 27th. Legislature adopted the Virginia 
 resolutions requiring the Federal Govern- 
 ment to protect Slavery in the Territories 
 and to guarantee the right of transit of slaves 
 through the Free States. 
 
 February 2d. The Senate passed by a vote 
 of 25 to 11, resolutions appealing to the 
 Southern States to stop the revolution, 
 protesting against Federal coercion and pro- 
 viding that the Legislature reassemble on 
 the 24th of April to hear the responses from 
 sister States, also in favor of making an ap- 
 plication to call a National Convention for 
 proposing amendments to the Constitution 
 of the United States, also by a vote of 25 to 
 14 declared it inexpedient at this time to call 
 a State Convention. 
 
 5th. The House by a vote of 54 to 40 
 passed the above resolutions. 
 
 March 22d. State Rights Convention as- 
 sembk'd. Adopted resohitions denouncing 
 any attempt on the part of the Government 
 to collect revenue as coercion ; and affirming 
 that, in case of any such attempt, the 
 border States should make common cause 
 with the Southern Confederacy. They also 
 recommended a border State Convention. 
 
 April 24th. Gov. Magoffin called an extra 
 session of the Legislature. 
 
 May 20th. Gov. Magoffin issued a neu- 
 trality proclamation. 
 
 September 11th. The House of Represen- 
 tatives by a vote of 71 to 26, adopted a re- 
 solution directing the Governor to issue 
 a proclamation ordering the Confederate 
 troops to evacuate Kentucky soil. The 
 Governor vetoed the resolution, which 
 was afterwards passed over his veto, and 
 accordingly he issued the required procla- 
 mation. 
 
 October 29th. Southern Conference met at 
 Russellville. H. C. Burnett elected Chair- 
 man, R. McKee Secretary, T. S. Bryan 
 Assistant Secretary. Remained in secret 
 session two days and then adjourned sine 
 die. A series of resolutions reported by 
 G. W. Johnson were adopted. They recite 
 the unconstitutional and oppressive acts of 
 the Legislature, proclaim revolution, provide 
 for a Sovereignty Convention at Russell- 
 ville, on the 18th of November, recommend 
 the organization of county guards, to be 
 placed in the service of and paid by the 
 Confederate States Government ; pledge re- 
 sistance to all Federal and State taxes, for 
 the prosecution of the war on the part of the 
 United States ; and appoint Robert McKee, 
 John C. Breckinridge, Humphrey Mar- 
 shall, Geo. W. Ewing, H. W. Bruce, Geo. 
 B. Hodge, Wm. Preston, Geo. W. Johnson, 
 Blanton Duncan, and P. B. Thompson to 
 carry ol^t the resolutions. 
 
 November 18th. Convention met and re- 
 mained in session three days. 
 
 20th. It passed a Declaration of Inde- 
 pendence and an Ordinance of Secession. 
 A Provisional Government consisting of a 
 Governor, Legislative Council of ten, a 
 Treasurer, and an Auditor were agreed 
 upon. Geo. W. Johnson was chosen Gov- 
 ernor. Legislative Council were : Willie B. 
 Machen, John W. Crockett, James P. Bates, 
 Jas. S. Chrisman, Phil. B. Thompson, J. 
 P. Burnside, H. W. Bruce, J. W. Moore, 
 E. M. Brtice, Geo. B. Hodge. 
 
 MARYLAND. 
 
 November 27th, 1860. Gov. Hicks de- 
 clined to call a special session of the Legis- 
 lature, in response to a request for such 
 convening from Thomas G. Pratt, Sprigg 
 Harwood, J. R. Franklin, N. H. Green, 
 Llewellyn Boyle, and J. Pinkney. 
 
 December 19th. Gov. Hicks replied to A. 
 H. Handy, Comnjissioner from Mississippi, 
 declining to accept the programme of Seces- 
 sion. 
 
 20th. Wm. H. Collins, Esq.. of Baltimore, 
 issued an address to the people, in favor of 
 the Union, and in March a second address. 
 
 31st. The " Clipper" denied the existence 
 of an organization in Maryland to prevent 
 the inauguration of President Lincoln. 
 
 A. H. Handy of Mississippi addressed 
 citizens of Baltimore in favor of disunion. 
 
SECESSION MOVEMENT DEVELOPED. 
 
 9 
 
 January 8d, 1861. Henry Winter Davis , 
 issued an address in favor of the Union. i 
 
 8d. Numerous Union meetings in various ' 
 parts of the State. Gov. Hicks issued an j 
 address to the people against secession. j 
 
 11th. John C. Legrand in a letter to Hon. ■ 
 Reverdy Johnson rephed to the Union speech , 
 of the latter. 
 
 14th. James Carroll, former Democratic ' 
 candidate for Governor, annoimced his desire ! 
 to go with the seceding States. j 
 
 16th. "Wm. A. Spencer, in letter to Wal- 1 
 ter S. Cox, Esq., declared against the right ; 
 of Secession but for a Convention. 
 
 16th. Marshal Kane, in a letter to Mayor ' 
 Berrett, denied that any organization exists 
 to prevent the inauguration of President \ 
 Lincoln, and said that the President elect ' 
 would need no armed escort in passing | 
 through or sojourning within the limits of j 
 Baltimore and" Maryland. 
 
 24th. Coleman Yellott declared for a ' 
 Convention 
 
 30th. Messrs. John B. Brooke, President 
 of the Senate, and E. G. Kilbourn, Speaker 
 of the House of Delegates, asked the 
 Governor to convene the Legislature in re- 
 sponse to public meetings. Senator Ken- 
 nedy published his opinion that Maryland 
 must go with Virginia. 
 
 February 18th. State Conference Conven- 
 tion held, and insisted upon a meeting of the 
 Legislature. At a meeting in Howard Co., 
 which Speaker E. G. Kilbourn addressed, a 
 resolution was adopted that "immediate 
 steps ought to be taken for the estabUshment 
 of a Southern Confederacy, by consultation 
 and co-operation with such other Southern 
 and Slave States as may be ready therefor." 
 
 April 21st. Gov. Hicks wrote to Gen. 
 Butler, advising that he do not land his 
 troops at Annapolis. Butler replied that he 
 intended to land there and march thence to 
 Washington. Gov. Hicks protested against 
 this and also against his having taken forci- 
 ble possession of the Annapolis and Elkridge 
 railroad. 
 
 24th. A special election of ten delegates 
 to the Legislature took place at Baltimore. 
 The total vote cast in all the wards was 
 9,249. The total vote cast at the Presiden- 
 tial election in November, 1860, was 30.148. 
 
 26th. Legislature reassembled at Fred- j 
 erick, Annapolis being occupied by Union i 
 troops. I 
 
 29th. Gov. Hicks sent a message to 
 the Legislature communicating to them the 
 correspondence between himself and Gen. | 
 Butler and the Secretary of War relative to | 
 the landing of troops at Annapolis. | 
 
 The House of Delegates voted against 
 Secession. 53 to 13. Senate unanimously, j 
 
 May 2d. The Committee on Federal Re- j 
 lations, " in view of the seizure of the i 
 railroads by the General Government and 
 the erection of fortifications," presented [ 
 resolutions appointing Commissioners to the 
 President to ascertain whether any becoming ; 
 
 arrangements with the General Government 
 are practicable, for the maintenance of the 
 peace and honor of the State and the 
 security of its inhabitants. The report was 
 adopted, and Otho Scott, Robt. M. McLane, 
 and Wm. J. Ross w^ere appointed such Com- 
 missioners. 
 
 Mr. Yellott in the Senate introdiiced a 
 bill to appoint a Board of Public Safety. 
 The powers given to the Board included the 
 expenditure of the two millions of dollars 
 proposed by Mr. Brune for the defence of 
 the State, and the entire control of the mili- 
 tary, including the removal and appointment 
 of commissioned officers. It was ordered to 
 a second reading by a vote of 14 to 8. The 
 Board was to consist of Ezekiel F. Chambers, 
 Enoch Louis Lowe, John V. L. MacMahon, 
 Thomas G. Pratt, Walter Mitchell, and 
 'J'homas Winans. Gov. Hicks was made 
 ex-o-fficio a member of the Board. This 
 measure was strongly pressed by the Dis- 
 unionists for a long time, but they were 
 finally compelled to give way, and the bill 
 never passed. 
 
 6th. The Commissioners reported the 
 result "of their interview with the Presi- 
 dent, and expressed the opinion that some 
 modification of the course of the General 
 Govermnent towards Maryland ought to be 
 expected. 
 
 10th. The House of Delegates passed a 
 series of resolutions reported by the Com- 
 mittee on Federal Relations by a vote of 45 
 to 12. The resolutions declare that Mary- 
 land protests against the war, and does 
 earnestly beseech and implore the President 
 of the United States to make peace with the 
 '• Confederate" States; also, that "the State 
 of Maryland desires the peaceful and im- 
 mediate recognition of the independence of 
 the Confederate States." Those who voted 
 in the negative are Messrs. Medders, Law- 
 son, Keene, Routzahn, Naill. Wilson of Har- 
 ford, Bayless, McCoy, Fiery, Stake, McCleary, 
 and Gorsuch. 
 
 13th. Both Houses adopted a resolu- 
 tion providing for a committee of eight 
 members, (four from each House) to visit 
 the President of the United States and the 
 President of the Southern Confederacy. 
 The committee to visit President Davis were 
 instructed to convey the assurance that 
 Maryland sympathizes with the Confederate 
 States, and that the people of Maryland are 
 enhsted with their whole hearts on the side 
 of reconciliation and peace. 
 
 June 11th. Messrs. McKaig, Yellott and 
 Harding, Commissioners to visit President 
 Davis, presented their report ; accompanying 
 which is a letter from Jefferson Davis, ex- 
 pressing his gratification to hear that the 
 State of Maryland was in sympathy with 
 themselves, was enlisted on the side of peace 
 and reconciliation, and avowing his perfect 
 willingness for a cessation of hostilities, and a 
 readiness to receive any proposition for peace 
 from the United States Govermnent. 
 
10 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 20th. The House of Delegates, and 
 June 22(1, the (Senate adopted resolutions 
 unqualifiedly protesting against the arrest 
 of Ross Winans and sundry other citizens 
 of Maryland, as an " oppressive and tyran- 
 nical assertion and exercise of military juris- 
 diction within the limits of Maryland, over 
 the persons and property of her citizens, by 
 the Government of the United States." 
 
 MISSOURI. 
 
 Januaryl5th,1801 . Senate passed Conven- 
 tion Bill — yeas 31, nays 2. Passed House also. 
 
 February 28th.* Convention met; motion 
 to go into secret session, defeated. A reso- 
 lution requiring members to take an oath 
 to support the Constitution of the United 
 States and the State of Missouri, was lost — 
 65 against 30. 
 
 March 4th. Resolution passed, 64 yeas, 
 35 nays, appointing committee to notify Mr. 
 Glenn, Commissioner of Georgia, that the 
 Convention was ready to hear any com- 
 munication from his State. Mr. Glenn was 
 introduced, read Georgia's articles of se- 
 cession, and made a speech urging Missouri 
 to join her. 
 
 5th. Resolutions were read, ordering that 
 the protest of St. Louis against coercion be 
 reduced to writing, and a copy sent to the 
 President of the United States ; also, reso- 
 lutions were adopted informing Commis- 
 sioner from Georgia that Missouri dissented 
 from the position taken by that State, and 
 refused to share the honors of secession with 
 her. 
 
 6th. Resolutions were offered by several 
 members and referred, calling a Convention 
 of the Southern States which have not se- 
 ceded, to meet at Nashville, April 15th, 
 providing for such amendments to the Con- 
 stitution of the United States as shall secure 
 to all the States equal rights in the Union, 
 and declaring strongly against secession. 
 
 9th. The Committee on Federal Rela- 
 tions reported a series of resolutions, set- 
 ting forth that at present there is no ade- 
 quate cause to impel Missouri to leave 
 the Union, but that on the contrary she 
 will labor for such an adjustment of ex- 
 isting troubles as will secure peace and the 
 rights and equality of all the State's ; that 
 the people of Missouri regard the amend- 
 ments to the Constitution proposed by Mr. 
 Crittenden, with their extension to territory 
 hereafter to be acquired, a basis of adjust- 
 ment which would forever remove all diffi- 
 culties ; and that it is expedient for the 
 Legislature to call a Convention for propo- 
 sing amendments to the Constitution. 
 
 The Senate passed resolutions that their 
 Senators be instructed, and their Repre- 
 sentatives requested, to oppose the pas- 
 sage of all acts granting supplies of men 
 and money to coerce the seceding States 
 into submission or subjugation ; and that, 
 should such acts be passed by Congress, 
 their Senators be instructed, and their Repre- 
 
 sentatives requested, to retire from the halla 
 of Congress. 
 
 16th. An amendment to the fifth resolu- 
 tion of the majority report of the Committee 
 cin Federal Relations, asserting that Missouri 
 would never countenance nor aid a seceding 
 State in making war upon the General Gov- 
 ernment, nor provide men and money for 
 the purpose of aiding the General Govern- 
 ment to coerce a seceding State, was voted 
 down. 
 
 27th. The following resolution was passed 
 by a vote in the House of 62 against 42 : — 
 
 Resolved, That it is inexpedient for the 
 General Assembly to take any steps for call- 
 ing a National Convention to propose amend- 
 ments to the Constitution, as recommended 
 by the State Convention. 
 
 July 22d. The Convention reassembled. 
 
 23d. Resolution passed, by a vote of 65 to 
 21, declaring the office of President, held by 
 General Sterling Price at the last session of 
 the Convention, vacant. A committee of 
 seven were appointed to report what action 
 they deem it advisable to take in the dislo- 
 cated condition of the State. 
 
 25th. The committee presented their re- 
 port. It alludes at length to the present 
 unparalleled condition of things, the reck- 
 less course of the recent Government, and 
 flight of the Governor and other State 
 officers from the capital. It declares the 
 offices of Governor, Lieutenant-Governor, 
 and Secretary of State vacant, and provides 
 that their vacancies shall be filled by the 
 Convention, the officers so appointed to hold 
 their positions till August, 1862, at which 
 time it provides for a special election by the 
 people. It repeals the ninth section of me 
 sixth article of the Constitution, and pro- 
 vides that the Supreme Court of the State 
 shall consist of seven members ; and that 
 four members, in addition to the three now 
 comprising the Court, shall be appointed by 
 the Governor chosen by this Convention to 
 hold office till 1862, when the people shall 
 decide whether the change shall be perma- 
 nent. It abolishes the State Legislature, 
 and ordains that in case, before the 1st of 
 August, 1862, the Governor chosen by this 
 Convention shall consider that the public 
 exigencies demand, he shall order a special 
 election for members of the State Legisla- 
 ture. It recommends the passage of an 
 ordinance repealing the following bills, 
 passed by the Legislature in secret session, 
 in May last : The military fund bill, the bill 
 to suspend the distribution of the school 
 fund, and the bill for cultivating friendly 
 relations with the Indian tribes. It repeals 
 the bill authorizing the appointment of one 
 major-general of the Missouri militia, and 
 revives the militia law of 1859. 
 
 A resolution was passed that a committee 
 of seven be appointed by the President to 
 prepare an address to the people of the State 
 of Missouri. 
 
 November 26th. Jefferson Davis transmit- 
 
SECESSION MOVEMENT DEVELOPED. 
 
 11 
 
 ted to the " Confederate" Conorcss a message 
 concerning the secession of Missouri. It was 
 accompanied by a letter from Governor 
 Jackson, and also by an act dissolving the 
 union with the United States, and an 
 act ratifying the Constitution of the Provi- 
 sional Government of the Confederate 
 States ; also, the Convention between the 
 Commissioners of Missouri and the Com- 
 missioners of the Confederate States. Con- 
 gress unanimously ratified the Convention 
 entered into between the Hon. R. M. T. 
 Hunter for the rebel Government and the 
 Commissioners for Missouri. 
 
 Inter-State Commissioners. 
 
 The seceding States, as part of their plan 
 of operation, appointed Commissioners to 
 visit other slaveholding States. They were 
 as follows, as announced in the newspapers : 
 
 SOUTH CAEOLINA. 
 To Alabama, A. P. Calhoun. 
 To Georgia, James L. Orr, Ex-M.C. 
 To Florida, L. W. Spratt. 
 To Mississippi, M. L. Bonham, Ex-M. C. 
 To Louisiana, J. L. Manning. 
 To Arkansas, A. C. Spain. 
 To Texas, J. B. Kershaw. 
 To Virginia, John S. Preston. 
 
 ALABAMA. 
 To North Carolina, Isham W. Garrett. 
 To Mississippi, E. W. Pettus. 
 To South Carolina, J. A. Elmore. 
 To Maryland, A. F. Hopkins. 
 To Virginia, Frank Gilmer. 
 To Tennessee, L. Pope Walker. 
 To Kentucky, Stephen F. Hale. 
 To Arkansas, John Anthony Winston. 
 
 GEORGIA. 
 To Missouri, Luther J. Glenn. 
 To Virginia, Henry L. Benning. 
 
 MISSISSIPPI 
 To South Carolina, C. E. Hooker. 
 To Alabama, Jos. W. Matthews, Ex-Gov. 
 To Georgia, William L. Harris. 
 To Louisiana, Wirt Adams. 
 To Texas, H. H. Miller. 
 To Arkansas, George R. Fall. 
 To Florida, E. M. Yercrer. 
 To Tennessee, T. J. Wharton, Att'y-Gen. 
 To Kentucky,W. S.Featherstone, Ex-M,C. 
 To North Carolina, Jacob Thompson, Ex- 
 M. 0. 
 To Virginia, Fulton Anderson. 
 To Maryland, A. H. Handy, Judge. 
 To Delaware, Henry Dickinson. 
 To Missouri, Russell. 
 
 Southern Congress. (Seep.4oo) 
 
 This body, composed of Deputies elected 
 
 by the Conventions of the Seceding States, 
 
 met at IMontgomery, Alabama, February 
 4th, 1861. to organize a Southern Confeder- 
 acy. Each State had a representation equal 
 to the number of members of the Tliirty- 
 sixth Congress. The original members were: 
 
 SOUTH CAROLINA. 
 Robert W. Barnwell, Ex-U. S. Senator. 
 R. Barnwell Rhett, 
 James Chesnut, Jr., " " " 
 Lawrence M. Keitt, Ex-M. C. 
 William W. Boyce, " " 
 Wm. Porcher Miles, " " 
 C. G. Memmmger. 
 Thomas J. Withers. 
 
 ALABAMA. 
 W. P. Chilton. 
 Stephen F. Hale. 
 David P. Lewis. 
 Thomas Fearn. 
 Richard W. Walker. 
 Robert H. Smith. 
 Colin J. McRae. 
 John Gill Shorter. 
 J. L. M. Curry, Ex-M. C. 
 
 FLORIDA. 
 J. Patten Anderson, Ex-Delegate from 
 Washington Territory. 
 
 Jackson Morton, Ex-U. S. Senator. 
 James B. Owens. 
 
 MISSISSIPPI. 
 
 W. S. Wilson. 
 
 Wiley P. Harris. Ex-M. C. 
 
 James T. Harrison. 
 
 AValter Brooke, Ex-U. S. Senator. 
 
 AVilliam S. Barry, Ex-M. C. 
 
 A. M, Clayton. 
 
 GEORGIA. 
 
 Robert Toombs, Ex-U. S. Senator. 
 Howell Cobb, Ex-M. C. 
 
 Martin J. Crawford, " " 
 Augustus R. Wright, " " 
 Augustus H. Kenau. 
 Benjamin H. Hill. 
 Francis S. Bartow. 
 E. A. Nisbet. 
 Thomas R. R. Cobb. 
 Alexander H. Stephens, Ex-M. C. 
 
 LOUISIANA. 
 Duncan F. Kenner. 
 Charles M. Conrad, Ex-U. S. Senator. 
 Henry Marshall. 
 John Perkins, Jr. 
 G. E. Sparrow. 
 A. de Clouet. 
 
 TEXAS.— (Admitted March 2d, 1861.) 
 Louis T. Wigfall, Ex-U. S. Senator. 
 John Hemphill, " " " 
 
 John II. Reagan, Ex-M. C 
 T. N. Waul. 
 John (ireirg. 
 W. S. Oldham. 
 W. B. Ochiltree. 
 
12 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 Proceedings of the Southern Congress. ' 9th. Jefferson Davis of Mississippi, electeil 
 
 February 4th, 18G1. Howell Cobb of ^J^^^^^^al President of the Confederate 
 
 Gcora-ia elected President, Johnson J. ^^^^^^ <^t ^"^'^"^^' ""^J^ Alexander H. S e- 
 
 Hooper of Alabama, Secretary. Mr. Cobb P^^"^. "^ Georgia Vice President J he 
 
 announced that secession •< is now a fixed question of attackmg Fort Sumter has 
 
 and irrevocable fact, and the separation is . ^'^^^r^'Tr V." ^l'"' ^'°"-^^^^- ^ , . 
 
 - - I 11th. Mr. Stephens announced his accept- 
 
 perfect, complete and perpetual 
 
 6th. David L. Swain, M. W. Ransom and 
 John L. Bridgers, were admitted as Commis- 
 sioners from North Carolina, under resolu- 
 
 ance. Committee appointed to prepare a 
 permanent Constitution. 
 
 12th. The Congress assumed " charge of 
 tions of the General Assembly of that State, f\ questions and difficulties now exi'sting 
 passed January 29, 1861, " to effect an honor- ^^^ween the sovereign States of this Confed- 
 ible and amicable adjustment of all the diffi- Z""? ''''1 -'"^ Government of the United 
 culties that disturb the country, upon the ^*^t«^' '•^^'^^^^^ *« ^he occupation of forts 
 basis of the Crittenden resolutions, as modi- arsenals, navy yards, custom-houses, and all 
 tied by the Legislature of Virginia," and to ^^^""^ V^\^}^ establishments. The reso lu- 
 consu' t with the delegates to the Southern J^*^^ ^^^ ^^^^.^^ed to be communicated to the 
 Congre.s for their " common peace, honor Governors of the respective States of the 
 and safety." 
 
 7th. Coi^ __ ^ . 
 
 Alabama had placed $500,000 at its dispo- 
 
 of the Confederacy of Seceding States. 
 
 8th. The Constitution of the Provisional 
 Government adopted.* 
 
 Confederacy, 
 rth. Congress notified that the State of I ,\?th. Official copy of the Texas Ordinance 
 tna had placed $500,000 at its dispo- 1 «^S,<;t'^|J''^P''^^5^^^^^^ . ^ ^ . , 
 sal, as a loan to the provisional government ! ^jj^ ^^i J^^'^?"''^ ^^^'^ ^"'''^^ ^""^ '^'^''''^^ 
 
 18th. President Davis inaugurated. 
 19th. Tariff law passed. 
 21st. Robert Toombs appointed Secretary 
 of State ; C. G. Memminger, Secretary of the 
 * The Provisional Constitution adopted by the Seceded Treasury ; L. Pope Walker of Alabama, 
 States diiTers from the Coustitution of the Uuited States Secretary of War : Stephen R. Mallorv, 
 
 in several important particulars. The alterations and ad- c< * fii. xt t i v n -o • • 
 
 ditions are as follows : i Secretary of the Navy ; Judah P. Benjamin, 
 
 ALTERATIONS. ' Attomey-Gcneral, and John H. Reagan, 
 
 i=t Ti^T.^-- ir tf »• j-fl- <■ .1, ., Postmaster-General; Philip Clayton of 
 
 1st. Tlie Provisional Constitution diffprs from the other .^ ■ ■ . t \ ■ , '', n •' , n 
 
 In this: That the legislative powers of the Provisional Gov- Georgia appointed Assistant Secretary of 
 
 erurnent are vested in the Coutrress now assembled, and the Treasury, and Wm. M. BrOWne, late of 
 tins body exercises all the functions that are exercised by +1,^ -\\rr,c\.i^^+^^ n^^^f^'f^.f .-, A „„;„+„ *. 
 eitherorbothbranchesof the United States Government. ^ VVashmgton Constitution, Assistant 
 
 2d. The Provisional President holds his oflice for one Secretary of State, 
 year, unless sooner superseded by the establishment of a - ' " " — 
 permanent Government 
 
 ,3d. Each State is erected into a distinct judicial district, 
 the judge having all the powers heretofore vested in the 
 district and circuit courts ; and the several district judges 
 totfether compose the supreme bench — a majority of them 
 constituting a quorum. 
 
 4th Wherever the word "Union'' occurs in the United 
 States Constitution the word " Confederacy " is substi- 
 tuted. 
 
 March 2d. The Texas Deputies received. 
 The Justifying Causes of Secession. 
 
 In justification of the passage of an ordi- 
 nance of Secession, the Convention of South 
 Carolina adopted two papers, one reported 
 by Mr. R. B. Rhett, being styled "The Ad- 
 dress of the people of South Carolina, assem- 
 bled in Convention, to the people of the 
 Slaveholding States of the United States," 
 and the other, reported by Mr. C. G. Mem- 
 
 . minger, being styled "Declaration of the 
 
 °^4th'A^f'■«nntZf»^/n ''°'''".T^^'''''''';l'^^°''^'^^'^^^^^^ <^''i«ses which justify the Secession of South 
 
 4th. All appropriations must be upon the demand of ^, ■,• n xi t-. i i tt • >> » 
 
 ■ Carolina from the Federal Union." As 
 
 these official papers have historic value, they 
 are inserted in full. 
 
 The former of these two papers is as fol- 
 lovv's : 
 
 THE FOLLOWING AKE THE ADDITIO.VS. 
 
 Ist. The President may veto any separate appropria- 
 tion without vetoing the whole bill in which it is con- 
 tained. 
 
 2d. The African slave-trade is prohibited. 
 
 3d. Congress is empowered to prohibit the introduction 
 
 Iti 
 
 the President or heads of departments. 
 
 OMISSIONS. 
 
 1st. There is no prohibition on members of Congress 
 holding other offices of honor and emolument under the 
 Provisional Government. 
 
 2d. There is no provision for a neutral spot for the loca- 
 tion of a seatof government, or for sites for forts, arsenal*, 
 and dock -yards; consequently there is no reference made United States 
 to the territorial powers of the Provisional Government. 
 
 .3d. The section in the old Constitution in reference to 
 C:ipitation and other direct tax is omitted ; also, the sec- 
 ti.>n providing that no tax or duty shall be laid on any 
 exports. 
 
 4th. The prohibition on States keeping troops or ships 
 of war in time of peace is omitted. 
 
 .5th. The Constitution being provisional merely,no pro- 
 made for its ratification. 
 
 soventy-three years, since the Union between tho 
 made by the Constitution of the United 
 
 2d. Congress, by a vote of two-thirds 
 alter or amend the Constitution. 
 
 ly time 
 
 Tision 1 
 
 AM1NDMENT8. 
 
 Ist. The fugitive slave clause of the old Constitution is 
 *o araencied as to contain the word "slave," and to pro- 
 vide for full compensation in cases of abduction or forci- 
 d\i- rescue on the part of the State in which such abduc- 
 licn or rescue may take place. 
 
 betwee 
 federates of 
 roperty and 
 
 TEMPORAKT PROVISIONS. 
 
 1st. The Provisional Government is required to take 
 immediate steps for the settlement of all n 
 the States forming it and their other late 
 the United States'in relation to the publ 
 the public debt. 
 
 2d. Montgomery is made the temporary seat of govern- 
 ment 
 
 .'jd. This Constitution is to continue one year, unless al- 
 tered by a two-thirds vote or superseded by a permanent 
 Government. 
 
SECESSION MOVEMENT DEYELOPED. 
 
 13 
 
 states. During this time, their advance in wealth, pros- 
 perity and power, has been with scarcely a parallel in the 
 history of the world. The great object of their Union, was 
 defence against external aggressious; which object is now 
 attained, from their mere progrpss in power. Thirty-one 
 millions of people, with a commerce and navigation which 
 explore every sea, and with agricultural productions which 
 are necessarv to every civilized people, command the friend- 
 ship of the world. But unfortunately, our internal peace 
 has not grown with our external prosperity. Discontont 
 and contention have moved in the bosom of the Confed- 
 emcy, for the last thirty-five years. During this time. 
 South Carolina has twice called her people together in sol- 
 emu Convention, to take into consideration, the aggre«sions 
 and unconstitutional wrongs, perpetrated by the people of 
 the North on the people of the South. These wrongs, were 
 submitted to by the people of the South, under the hope 
 Jlnd expectation, that they would be final. But such hope 
 and expt ctation, have proved to be vain. Instead of pro- 
 ducing forb.arance, our acquiescence has only instigated to 
 nei.v forms oi aggressions and outrage; and South CaroUua, 
 havin;: aiain uksumbled her people in Convention, has this 
 day di^sulvcd lior connection with the States, constituting 
 tlii- Uuiteil States. 
 
 The one great evil, from which all other evils have flowed, 
 is the overt iirow or the Constitution of the United States. 
 The Government of the United States, is no longer the 
 Government of Confederated Republics, but of a consoli- 
 dated Democracy. It is no longer a free Government, but 
 a Despotism. It is, in fact, such a Government as Great 
 Britain attempted to set over our I'athers ; and which was 
 resisted and defeated by a seven years" struggle for inde- 
 pendence. 
 
 The Revolution of 1776, turned upon one great principle, 
 self-government, — and sell-taxation, tlie criterion of selt- 
 goverumeut. \yhere tlie interests of two people united to- 
 gether under one Governmi||t, ai-e different, each must 
 have the power to protect itsTnteicsts by the organization 
 of the Government, or they cannot be free. The interests 
 of Great Britain and of tire Colonies, were different and 
 antagonistic. Great Britain was desirous of carrying out 
 the policy of all nations towards their Colonies, of m.'.kiug 
 them triliutr.ry to her wealth and power. She had vast and 
 touiplicated relations with the whole world. Iler policy 
 towards Ijer North American Colonies, was to identify 
 them with lier in all these complicated relations; and to 
 make thoui liear, in common with the rest of the Empire, 
 the full Imrdi'U of her obligations and necessities. She Iiad 
 a vast imlilic d'-l.t; she had an European policy and an 
 Asiatic policy, which had occasioned the accumulation of 
 lier public debt; and which kept her in continual wars. 
 The North Ani'-rican Colonies saw their interests, political 
 and commercial, sacrificed by such a policy. Their iuteresvi 
 required, that they should not be identified with the bur- 
 dens and wars of the mother country. They had been 
 settled under Charters, which gave them self-government ; 
 at least so far as their property was concerned. They had 
 taxed themselves, and had never been taxed by the Govern- 
 ment of Great Britain. To make them a part of a consoli- 
 dated Empire, the Parliament of Great Britain determined 
 to assume the power of legislating for the Colonies in all 
 cases whatsoever. Our ancestors resisted the pretension. 
 They refuse 1 ti be a part of the consolidated Government 
 of Great Britain. 
 
 The Southern States, now stand exactly in the siimeposi- 
 tion towards tlie Northern States, thai tli- i I'liii ';id 
 towards Great Britain. The Nortlicin Si t ; : iIm' 
 majority in Congress, claim the same iM.H., . a i; i n. !■ 
 in legislation as the British parliaiieiil. ■111. i.nH.al 
 Welfare,'" is the only limit to the legislation ol either; and 
 the majority in Congress, as in the British parliament, are 
 the soie judges of the expediency of the legislation, this 
 '■ General M ellare" requires. Thus, the Governmentof the 
 Unittd States has become a consolidated Government ; and 
 the people of the Southern States, are compelled to meet 
 the very despotism, their fathers threw off in the Revolu- 
 tion of 1776. 
 
 The consolidation of the Government of Great Britain 
 over the Colonies, was attempted to ho carried out by the 
 taxes. The British parliament undertook to tax the Colo- 
 nies, to promote British interests. Our fathers, resisted this 
 pretension. They claimed the right of self-taxation tlirou/jh 
 their Colonial Legislatures. They were not represented in 
 the British parliament, and, therefore, could not rightly be 
 taxed by its legislation. The British Government, how- 
 ever, offered them a representation in parliament; but it 
 was not sufficient to enable them to protect themselves 
 from the nuijority, and they refused the offer. Between 
 ta.vation without any representation, and taxation without 
 a representation adequate to protection, there was no differ- 
 ence. In neither case would the Colonies tax themselves. 
 
 Hence, they refused to pay the taxes laid by the British 
 parliament. 
 
 And so with tlie Southern States, towards the Northern 
 States, in the vital matter of taxation. They arc in a mi- 
 nority in Congress. Thoir represontation in Congress, is 
 useless to protect them against unjust taxation ; and tliey 
 are taxed by the people of the North for tkeir benefit, ex- 
 actly as the people of Great Britain taxed our ancestors in 
 the British parliament for their benefit. For the last forty 
 y^ars, the taxes laid by the Congress of the United States, 
 have been laid with a view of subserving the interests (^f 
 the North. The peoplf of the South have been taxed by 
 duties on imports, not for revenue, but for an object in- 
 consistent with revenue — to promote, by prohiLiitions, 
 Northern interests in the productions of their mines and 
 manufactm'es. 
 
 There is another evil, in the condition of the Southern 
 towards the Northern States, which our ancestors refused 
 to bear towards Great Britain. Our ancestors not only 
 taxed themselves, but all the taxes collected from them, 
 weie expended amongst them. Had they submitted to the 
 pretensions of the British Government, the taxes collected 
 from them, would have been expended in other parts of 
 the British Empire. They were fully aware of the effect 
 of such a policy in impoverishing the people from whom 
 taxes are collected, and in enriching those who receive the 
 benefit of their expenditure. To prevent the evils of such 
 a policy, was one of the motives which ch-ove them on to 
 Revolution. Yet tills British policy, has been fully realized 
 towards the Southern States, b^ the Northern States. The 
 people of the Southern States are not only taxed for the 
 benefit of the Northern States, but after the taxes are col- 
 lected, three-fourths of them are expended at the North. 
 This cause, with others, connected with the operation of 
 the General Government, lias made the cities of the South 
 provincial. Their growth is paralyzed; they are mere 
 suburbs of Northern cities. The agricultural productions 
 of the South are the basis of the foreign commerce of tlio 
 United States; yet Southern cities do not carry it on. Our 
 foreign trade, is almost annihilated. In 1740, there were 
 five ship yards in South Carolina, to build ships to carry 
 on our direct trade with Europe. Between 1740 and 177'J, 
 there were built in these y.ards, twenty-five square rigged 
 vessels, besides a great number of sloops and schooners, to 
 carry on our coast and West India trade. In the h;;lf 
 century immediately preceding the Revolution, from 1725 
 to 1775, the population of South Carolina, increased seven- 
 fold. 
 
 No man can for a moment believe, that our ancestors 
 intended to establish over their posterity, exactly the same 
 sort of Govcrnu^ent they had overthrown. The great ob- 
 ject of the Constitution of the United States, in its intern il 
 operation, was, doubtless, to secure the great end of the 
 Revolution — a limited free Government- a Government 
 limited to those matters only, which were general and 
 common to all portions of the United States. All sectional 
 or local interests, were to be left to the States. By no other 
 arrangement, would they obtain tree Government, by a 
 Constitution common to so vast a Confederacy. VTet by 
 gradual and steady encroachments on the part of the 
 people of the North, and acquiescence on the part of the 
 Souih, the limitations in the Constitution have been swept 
 away ; and the Government of the United States has be- 
 come consolidated, with a claim of limitless powers in its 
 operations. 
 
 It is not at all surprising, such being the character of 
 the Government of the United States, that it should assume 
 to possess power over all the institutions of the country. 
 The agitations on the subject of slavery, are the natural 
 results of the consolidation of the Governniout. Responsi- 
 bility, follows power ; and if the people of the North, have 
 the power by Congress — " to promote the general welfare 
 of the United Statet," by any means they deem expedient — 
 why should they not assail and overthrow the institution 
 of slavery in the South ? They are responsible for its con- 
 tinuance or existence, in proportion to their power. A m.i- 
 jority in Congress, according to their interested and per- 
 verted views, is omnipotent. The inducements to act upon 
 the subject of slavery, under such circumstances, were so 
 imperious, as to amount almost to a moral necessity. To 
 make, however, their numerical power available to rule 
 the Union, the North must consolidate their power. It 
 would not be united, on any matter common to the whole 
 Union — in other words, on any constitutional subject — 
 for on such subjects divisions are as likely to exist in the 
 North as in the South. Slavery was strictly, a sectional 
 interest. If this could be made the criterion of parties at 
 the North, the North could be united in its power; and 
 thus carry out its measures of sectional ambition, en- 
 croachment, and aggrandizement. To build up their Sec- 
 tional predominance in the Union, the Constitution must 
 
14 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 be first abolished by constructions; but that being done, 
 the cousolldalion of the North, to rule the South, by the 
 tariff and slavery issues, w;is iu the obvious course of 
 things. 
 
 The Constitution of the United States, was an experimant. 
 The experiment consisted, in uniting undor one Qovern- 
 nient, peoples living in different climates, and having dif- 
 ferent pursuits aud institutions. It matters not, how care- 
 fully the limitations of such a Government be laid down in 
 the Constitution, — it.s success must at least depend, upon the 
 good faith of the p.irtios to the constitutional compact, in 
 enforcing them. It is not in the power of human language, 
 to exclude ialse inferences, constructions and perversions, 
 in any Constitution; and when vast sectional interests are 
 to be subserved, involving the appropriation of countless 
 millions of money, it his not been the usual experience of 
 mankind, that words on parchments can arrest power. 
 The Constitution of the United States, irrespective of the 
 interposition of the States, rested on the assumption, that 
 power would yield to faith,— that integrity would be 
 stronger than interest; and that thus, the limitations of 
 the Constitution would bo observed. The experiment, has 
 been fairly made. The Southern States, from the com- 
 mencement of the Government, have striven to keep it, 
 within the orbit prescribed by the Constitution. The ex- 
 periment, has failed. The whole Constitution, by the con- 
 structions of the Northern people, has been absorbed by its 
 preamble. In their reckless lust for power, they seem 
 unable to comprehend that sei^niing paradox — that the 
 more power is given to the General Government, the weaker 
 it becomes. Its strength, consists in the limitation of its 
 agency to objects of common interest to all sections. To 
 extend tlie scope of its power over sectional or local inter- 
 ests, is to raise up against it, opposition and resistance. In 
 all such matters, the General Government must necessarily 
 be a despotism, because all sectional or local interests must 
 ever be represented by a minority in the councils of the 
 General Government — having no power to protect itself 
 against the rule of the majoiity. The majority, constitu- 
 ted from those who do not represent these sectional or 
 local interests, will control aud govern them. A free 
 people, cannot submit to such a Government. And the 
 more it enlarges the sphere of its power, the greater 
 must be the dissatisfaction it must produce, and the j 
 weaker it must become. On the contrary, the more it ab- 
 stains from usurped powers, and the more faithfully it ad- 
 heres to the limitations of the Constitution, the stronger it 
 is made. The Northern people have had neither the 
 wisdom nor the faith to perceive, that to observe the limi- 
 tations of the Constitution was the only way to its perpe- 
 tuity. 
 
 Under such a Government, there must, of cqurse, be many 
 and endless "irrepressible conflicts," between the two great 
 sections of the Union. The same faithlessness which has 
 abolished the Constitution of the United States, will not 
 fail to carry out the sectional purposes for which it has 
 been aboUslied. There must be conflict; and the weaker 
 section of the Union can only find peace and liberty, in an 
 -independence of the North. The repeated efforts made by 
 South Carolina, in a wise conservatism, to arrest the pro- 
 gress of the General Government in its fatal progress to 
 consolidation, have been unsupported, and she has been 
 denounced as faithless to the oljligations of the Constitu- 
 tion, by the very men and States, who were destroying it by 
 their usurpations. It is now too late, to reform or restore 
 the Government of the United States. All confidence in 
 the North, is lost by the South. The faithlessness of the 
 North for a half century, has opened a gulf of "separation 
 between the North and the South which no promises nor 
 engagements can fill. 
 
 It cannot bo believed, that our ancestors would have as- 
 sented to any Union whatever with the people of the North, 
 if the feelings and opinions now existing amongst them, 
 had existed when the Constitution was framed. There was 
 then, no Tariff— no fiinaticism concerning negroes. It was 
 the delegates from New England, who proposed in the Con- 
 vention which framed the Constitution, to the delegates 
 from South Carolina and Georgia, that if they would agree 
 to give Congress the power of regulating commerce by a 
 majority, that they would support the extension of the Af- 
 rican Slave Trade for twenty years. African slavery, existed 
 in all the States, but one. The idea, that the Southern 
 States would bo made to pay that tribute to their Northern 
 confederates, which they had refused, to pay to Great Brit- 
 ain ; or that the institution of African slavery, would be 
 m^'.do the grand basis of a sectional organization of the 
 North to rule the South, Tievcr crossed the imaginations of 
 our ancestors. The Union of the Constitution, was a union 
 oi'.-laveholding States. It rests on slavery, by prescribing 
 IP Ileprosentation in Congress, fur three-fifths of our slaves. 
 There is nothing iu the proceedings of the Convention which 
 
 frampd the Constitution, to shew, that the Southern States 
 would have formed any other Union ; and still less, that 
 they would have formed a Union with more powerful n-jn- 
 slaveholding States, having majority in both branches of 
 the Legislature of the Government. They were guilty of 
 no such folly. Time and the progress of things, have totally 
 altered the relations between the Northern and Southern 
 States, since the Union was established. That identity of 
 feelings, interests and institutions, which once existed, 
 is gone. They are now divided, between agricultural — 
 and manufacturing, and commercial States; between slave- 
 holding, and non-slavftholding States. Their institu- 
 tions and industrial pui-suits, have made them, totally 
 different peoples. That Equality in the Govrnment 
 between the two sections of the Union which once existed, 
 no longer exists. We but imitate the policy of our fathers 
 in dissolving a union with non-slavehohling confed- 
 erates, and seeking a confederation with sUiveholding 
 States. 
 
 Experience has proved, that slaveholding States cannot 
 be safe, in subjection to non-slaveholding States. Indeed, 
 no people can ever expect to preserve its rights aud liber- 
 ties, unless these be iu its own custody. To plunder and 
 oppress, where plunder and oppression can be practiced 
 with impunity, seems to be the natural order of things. 
 The fairest portions of the world elsewhere, have been 
 turned into wildernesses ; and the most civilized and pros- 
 perous communities, have been impoverished and ruined by 
 anti-slavery tanaticism. The people of the North have not 
 left us in doubt, as to their designs and policy. United as 
 a section in the late Presidential election, they have elected 
 as tlie exponent of their policy, one who has openly de- 
 clared, that all the States of the United States, must be 
 made free States or slave States. It is true, that amongst 
 those who aided in his election, there are various shades of 
 anti-slavery iiosiility. But if African slavery in the South- 
 ern States, be t!io evil their^olitical combination affirms it 
 to be, the requisitions of an inexorable logic, must lead 
 them to emancipation. If it is right, to preclude or abolish 
 slavery in a Territory, — why should it be allowed to remain 
 in the States ? The one is not at all more unconstitutional 
 than the other, according to the decisions of the Supreme 
 Court of the United States. And when it is considered, 
 that the Northern States will soon have the power to make 
 that Court what they please, and that the Constitution 
 never has been any barrier whatever to their exercise of 
 power — what check can there be, in the unrestrained coun- 
 sels of the North, to emancipation ? There is sympathy in 
 association, which carries men along without principle; 
 but when there is principle — and that principle is fortified 
 by long-existing prejudices and feelings, association is om- 
 nipotent in party influences. In spite of all disclaimers 
 and professions, there can be but one end by the submission 
 of the South, to the rule of a sectional anti-slavery govern- 
 ment at Washington; and that end, directly or indirectly, 
 must be — the emancipation of the slaves of the South. The 
 hypocrisy of thirty years — the faithlessness of their whole 
 course from the commencement of our union with them, 
 shew that the people of the non-slaveholding North, are 
 not, and cannot be safe associates of the slaveholding South, 
 under a common Government. Not only their fanaticism, 
 but their erroneous views of the principles of free govern- 
 ments, render it doubtful whether, if separated from the 
 South, they can maintain a free goverumeut amongst them- 
 selves. Numbers with them, is the great element of free 
 government. A majority, is infiilliblo and omnipotent. 
 " The right divine to rule in Icings," is only transferred to 
 their majority. The very object of all Constitutions, in 
 free popular Government, is to restrain the majority. Con- 
 stitutions, therefore, according to their theory, must be 
 most unrighteous inventions, .restricting liberty. None 
 ought to e.\ist; but the body politic ought simply to have 
 a political organization, to bring out and enforce the will 
 of the majority. This theory may be harmless in a small 
 community, having identity of interests and pursuits ; but 
 over a vast State — still more, over a vast CoiueUeracy, hav- 
 ing various and conflicting interests and [pursuits, it is a 
 remorseless despotism. In resisting it, as applicable to 
 o'urselves, we are vindicating the great cause of free govern- 
 ment, more important, perhaps, to the world, than the 
 existence of all the United States. Nor in resisting it, do 
 we intend to depart from the safe instrumentality, the sys- 
 tem of government we have establislied with them, re- 
 quires. In separating from them, we invade no rights — no 
 interest of theirs. We violate, no obligation or duty to 
 them. As separate, independent States in Convention, we 
 made the Constitution of the United Statcjs ^^■ith them ; 
 and as separate independent States, each State acting for 
 itself, wo adopted it. South Carolina acting iu her sover- 
 eign capacity, now thinks i)roper to secede from the Union. 
 She did not part with her Sovereignty, in adopting the Con- 
 
SECESSION MOVEMENT DEVELOPED. 
 
 15 
 
 stihition. The last thine. .1 St:ite can be presumed to have 
 siurendered, is her tSoveieigiity. Her Sovereignty, is her 
 life. Nothing but a clear, express grant, can alienate it. 
 Inference is iuadmissible. Yet it is not at all surprising, 
 that those who have construed away all the limitations of 
 that Constitution, should also by construction, claim the 
 annihilation of the Sovereignty of the States. Having abol- 
 ished barriers to their omnipotence, by their faithless con- 
 structions in the operations of the General Government, it 
 is most natural that they should endeavor to do the same 
 towards us, in the States. Tlie truth is, thoy, having vio- 
 lated the express provisions of the Constitution, it is at an 
 end, as a compact. It is morally obligatory only on those, 
 who choose to accept its perverted terms. South Carolina, 
 deeming the compact not only violated in particular fea- 
 tures, but virtually abolished by her Northern confeder- 
 ates, withdraws herself as a party, from its obligations. 
 The right do do so, is denied by her Northern confederates. 
 They desire to establish a sectional despotism, not only 
 omnipotent in Congress, but omnipotent over the States; 
 and as if to manliest the imperious necessity of our seces- 
 sion, they threaten us with the sword, to coerce submission 
 to their rule. 
 
 Citizens of the slaveholding States of the United States ! 
 Circumstances beyond our control, have placed us in the 
 van of the great controversy between the Northern and 
 Southern States. We would have- prefeiTed, that other 
 States should have assumed the position we now occupy. 
 Independent ourselves, we disclaim any design or desire, 
 to lead the counsels of the other Southern States. Provi- 
 dence has cast our lot together, by extending over us an 
 identity of pursuits, interests and institutions. South Car- 
 olina, desires no destiny, separate from yours. To be one 
 of a great Slaveholding Confederacy, stretching its arms 
 over a territory hirger than any power in Europe possesses — 
 with apopulation, four times greater than that of the whole 
 United States, whien they acliieved their independence of 
 the British Empire — with productions, which make our 
 existence more important to the world, than that of any 
 other people iuhiibitiug it — with common institutions to 
 defend, and common dangers to encounter — we ask your 
 sympathy and confederation. Whilst constituting a por- 
 tion of the United States, it has been your statesmanship 
 which has guitled it, in its mighty strides to power and 
 expansion. In the tield, as in the cabinet, ymc liave led 
 the way to its renown and grandeur. You have loved the 
 Union, in whose service your great statesmen have labored, 
 and your great soldiers have fought and conquered — not 
 for the material beuelits it conferred, but with the faitli of 
 a generous and devoted chivalry. You have long lingered 
 in hope over the shattered remains of a broken Constitu- 
 tion. Compromise alter compromise, formed by your con- 
 cessions, has been trampled under foot, by your Northern 
 confederates. All fraternity of feeling between the North 
 and the South is lost, or has been converted into hate; and 
 we, of the South, are at last driven together, by the stern 
 destiny which controls the existence of nations. Your bit- 
 ter experience, of the faithlessness and rapacity of your 
 Northern confederates, may have been necessary, to evolve 
 those gi-eat principles of free government, upon which the 
 liberties of the world depend, and to prepare you lor the 
 grand mission of vindicating and re-establishing them. AVe 
 rejoice, that other nations should be satisfied witli thiir 
 institutions. Contentment, is a great element of h;iiii i- 
 uess, with nations as with individuals. We, are sati-ln'l 
 with oui-s. If they prefer a system of industry, iu wincli 
 capitjil and labor lu-e in perpetual conflict — and chronic 
 starvation keeps down the natural increase of population — 
 and a man is worked out in eight years — and the law 
 ordains, that childi-en shall be worked only ten hours a 
 day — and the sabre and bayonet are the instniments of 
 order — be it so. It is their afifair, not ours. We prefer, 
 however, our system of industry, by which labor and cap- 
 ital are identified in interest, and capital, therefore, pro- 
 tects labor — by which our population doubles every twenty 
 years — by which starvation is unknown, and abundance 
 crowns the land — by which order is preserved by an unpaid 
 police, and many fertile regions of the world, where the 
 white man cannot labor, are brought into usefulness by 
 the labor of the African, and the whole world is blessed 
 by our productions. All we demand of other peoples is, 
 to be let alone, to work out our own high destinies. 
 United together, and we must be the most independent, as 
 we are among the most important of the nations of the 
 world. United together, and we require no other instru- 
 ment to conquer peace, than our beneficent productions. 
 United together, and we must be a great, free and prosper- 
 ous people, whose renown must spread tiiroughout the 
 civilized world, and pass down, we trust, to the remotest 
 ages. We ask you to join us, in forming a Confederacy of 
 Slaveholding Stiites. 
 
 The latter paper is aa folio -va ; 
 
 DECLARATION OF THE IMMEDIATE CAUSES WHICH INDUCE AXD 
 JUSTIFY THE SECESSION OF SOUTH CAIIOUNA FROM THE 
 FEDERAL UNION. 
 
 The people of the State of South Carolina, in conven- 
 tion assembled, on the 26th day of April, A. D., 1862, 
 declared that the frequent violations of the constitution 
 of the United States by the fedei-al government, and its 
 encro;ichments upon the reserved rights of the states, 
 fully justified this stp.te in then withdrawing from the 
 Federal Union ; but in deference to tlie opinions and wishes 
 of the other slaveholding states, she fort bore at that time 
 to exercise this right. Since that time, these encroach- 
 ments have continued to increase, and further forbearance 
 ceases to be a virtue. 
 
 And now the State of South Carolina having resumed 
 her separate and equal place among nations, deems it due 
 to hr-rself, to the remaining United States of America, and 
 to the nations of the world, that she should declare the 
 immediate causes which have led to this act. 
 
 Ill the year 1765, that portion of the British Empire 
 embracing Great Britain, undertook to make laws for tho 
 government of that portion composed of the thirteen 
 American colonies. A struggle for the right of self-gov- 
 ernment ensued, which resulted on the 4:th of July, 1; 76, 
 in a declaration by the colonies, " that they are, and of 
 Fight ought to be, FREE AND INDEPENDENT STATES; 
 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." 
 
 They 1 mther solemnly declared that whenever any " form 
 of government becomes destructive of the ends for which it 
 was established, it is the right of the people to alter or 
 abolish it, and to institute a new government." Deeming 
 the government of Great Britain to have become destruc- 
 tive of these ends, they declared that the cdouies "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 totiiUy dissolved." 
 
 In piu-suauce of this Declaration of Independence, each 
 of the thirteen states proceeded to exercise its sepai'ate 
 sovereignty; adopted for itself a constitution, and ap- 
 pointed officers for the administration of government in all 
 its departments — legislative, executive and judicial. For 
 purposes of defence, they united their arms and their coun- 
 sels ; and, in 1778 they entered into a league known as the 
 articles of confederation, whereby they agreed to en trust 
 the administration of their external relations to a common 
 agent, knouu as the Congress of the United States, ex- 
 ]M.--i\ i| I liim iu thu first article, " that each state re- 
 t.,11;- > - : 1 ,_ Illy, freedom and independence, and every 
 [■"I .,1 ..-i. .:■ ill ,md riiiht which is not, by this conl'eii 
 erui.vui. L-viJ.^i^iiy diilegated to the United States in Con- 
 gress assembled." 
 
 Under this confederation the war of the revolution was 
 carried on, and on the 3d September, 1783, the contest 
 ended, and a definitive treaty was signed by Great Britain, 
 in which she acknowledged the independence of the colo- 
 nies in tho following terms : 
 
 '•ArticU I. — His Britanic Majesty acknowledges the said 
 liiitid States, viz: New Hampshire, Massachusetts Bay, 
 l.budi- Island and Providence Plantations, Connecticut, 
 .\i\\ Vork,NewJersey, Pennsylvania, Delaware, Miu-yland, 
 \ iii^iuia. North Carolina, South Carolina and Georgia, to 
 be FREE, SOVEREIGN AND INDEPENDENT STATES; 
 that he treats with them as such; and fur himself, his 
 heirs and successors, relinquishes all claims to the govern- 
 ment, proprietary and territoriiil rights of the same and 
 every part thereof." 
 
 Thus were established the two great principles asserted 
 by the colonies, namely : the right of a state to govern 
 itself; and the right of a people to abolish a government 
 when it becomes destructive of the ends for which it was 
 instituted. And concurrent with the establishment of 
 these principles, was the tact that each colony became, 
 and was recognized by tho mother countrv as a FREE, 
 SOVEREIGN AND INDEPENDENT STATE. 
 
 In 1787, deputies were appointed by the states to revise 
 the articles of confederation, and on the 17th of Septem- 
 ber, 1787, these deputies recommended for the adoption of 
 the states, the articles of union' known as the Constitu- 
 tion of the United States. 
 
 The parties to whom this constitution was submitted, 
 were the several sovereign states ; they were to agree or 
 disagree, and when nine of them agreed, the compact was 
 to take efl'ect among those concurring ; and the general 
 government, as the common agent, was then to be invested 
 with their authority. 
 
 If only nine of tho thirteen states had conc\irrcd, tho 
 
16 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 other four would have remained as they then were — sepa- 
 rate, sovereign stati's, independent of any of the provisions 
 of the constitution. In fact, two of the states did not 
 accede to the constitution until long after it had gone into 
 operation among the otlier eleven ; and during that interval 
 they each exercised the functions of au independent nation. 
 
 By this consti tution, certain duties were imposed upon the 
 several states, and the exercise of certain of their powers was 
 restrained, which necessarily implied their continued ex- 
 istence as sovereign states. But to remove all doubt, an 
 amendment was added, which declared that 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. On 23d May, 1788, South 
 Carolina, by a convention of her people, passed an ordi- 
 nance assenting to this constitution, andafterwardsaltered 
 her own constitution, to conform herself to the obligations 
 she had undertaken. 
 
 Thus was established, by compact between the states, 
 a government, with defined objects and powers, limited 
 to the express words of the grant. This limitation left the 
 whole renjaining miiss of power subject to the cl:iuse re- 
 serving it to the states or to the people, and rendered un- 
 necessary any specification of reserved rights. 
 
 We hold that the government thus established is subject 
 to the two great principles asserted in the Declaration of 
 Independence; and we hold further, that the mode of its 
 formation subjects it to a third fundamental principle, 
 namely: the law of compact. We maintain that in every 
 compact between two or more parties the obligation is 
 mutual ; that the failure of one of the contracting parties 
 to perform a material part of the agreement, entirely re- 
 leases the obligations of the other; and that where no 
 arbiter is provided, each iJarty is remitted to his own 
 judgment to determine the fact of failme, with all its con- 
 sequences. 
 
 In the present case, the fact is established with certainty. 
 We assert that fourteen of the states have deliljeratel'y 
 refused for years past, to fulfil their constitutional obliga- 
 tions, and we refer to their own statutes for the proof. 
 
 The constitution of the United States, in its 4th article, 
 provides as follows : 
 
 '• No person held to service or labor, in one state, under 
 the laws thereof, escaping into another, shall, in conse- 
 quence of any law or regulation therein, be discharged 
 trom such service or labor, but shall be delivered up on 
 claim of the party to whom such service or labor may be 
 due." 
 
 This stipulation was so material to the compact, that 
 without it that compact would not have been made. The 
 greater number of the contracting jiarti'S liikl slaves, and 
 they had previously evinced their (-tiniali' i.f the value of 
 suchasiipulationby makingitacdiiUtinii in tlie ordinance 
 for the government of the territory c.i1<m1 l>y Virginia, 
 which now composes the states north of the Ohio river. 
 
 The same article of the constitution stiuulates also for 
 the rendition, by the several states, of fugitives from jus- 
 tice from the other states. 
 
 The general government, as the common agent, passed 
 laws to carry into effect these stipulations of the states. 
 For many years these laws were executed. But an in- 
 creasing hosiility on the part of the non-slaveholding states 
 to the institution of slavery has led to a disregard of their 
 obligations, and the laws of the general government have 
 ceased to eflect the objects of the constitution. The States 
 of Maine, New Hampshire, Vermont, Massachusetts, Con- 
 necticut, Rhode Island, New York, Pennsylvania, Illinois, 
 Indiana, Michigan, Wisconsin and Iowa have enacted 
 laws which either nullify the acts of Congress or render 
 useless any attempt to execute them. In many of these 
 states the fugitive is discharged from the service or labor 
 claimed, and in none of them has the state government 
 complied with the stipulation made in the constitution. 
 The State of New Jersey, at an eai-ly day, passed a law in 
 conformity with her constitutional obligation; but the 
 currcmt of anti-slavery feeling has led her more recently 
 to enact laws which render inoperative the remedies pro- 
 vided by her own law and by the laws of Congress. In the 
 State of Ntw York even the right of transit for a slave has 
 been denied by her tribunals; and the States of Ohio and 
 Iowa have ri'fused to surrender to justice fugitives charged 
 with murder, and with inciting servile insurrection in the 
 State of Vii£,'iiiia. Thus the constitutional compact has 
 been deliberately broken and disregarded by the non- 
 slaveholding states, and the consequence follows that South 
 Carolina is relejised from her obligation. 
 
 The ends ibr whicli this constitution was framed are 
 declared by itself to be '■ to form a more perfect union, 
 establish justice, insure domestic tranquility, provide for 
 the common defence, promote the geneial welftire, and se- 
 cure; the blessings of liberty to ourselves and our pos- 
 terity." 
 
 These ends it endeavored to accomplish by a federal 
 goverument, in which each state was recognized as an 
 
 equal, and had sep.nrate control over its own institutions. 
 The right of property in slaves Wiis recognized bv giving 
 to free persons distinct political rights, by giving theiu 
 the right to represent, and burthoniug them with direct 
 taxes for three-fifths of their slaves ; by authorizing the 
 importation of slaves for twenty years, and by stipulating 
 for the rendition of fugitives from" labor. 
 
 We affirm that these ends, for which this government 
 was instituted, have been defeated, and the government 
 itself has been made destructive of them by the action of 
 the non-slaveholding states. Those states have assumed 
 the right of deciding upon the propriety of our domestic 
 institutions; and have denied the rights of property es- 
 tablished in fifteen of the states and recognized by the 
 constitution; they have denounced as sinful the institu- 
 tion of slavery ; they have permitted the open establish- 
 ment among them of societies, whoso avowed object is to 
 disturb the peace and to eloign the proiierty of the citi- 
 zens of other states. They have encouraged and assisted 
 thousands of our slaves to leave their homes, and thoso 
 who remain have been incited by emissaries, books and 
 pictures to servile insurrection. 
 
 For twenty-five years this agitation has been steadily 
 increasing, until it hits now se :ured to its aid the power 
 of the common government. Observing the forms of the 
 constitution, a sectional party has found within that ar- 
 ticle establishing the executive department the means of 
 subverting the constitution itself. A geographical line 
 has been drawn across the Union, and all the states 
 north of that line have united in the election of a man to 
 the high office of President of the United States, wliose 
 opinions and purposes are hostile to slavery. lie is to be 
 entrusted with the administration of the common gov 
 ernment, because he has declared that that '• govern- 
 ment cannot endure permanently half slave, half free,'' 
 and that the public mind must rest in the belief that sla- 
 very is in the course of ultimate extinction. 
 
 This sectional combination for the subversion of the 
 constitution, has been aided in some of the states by ele- 
 vating to citizenship, prrsons. who, by the supreme law of 
 tlie lana, are imiii.iibli- .if becoming citizens; and their 
 votes have bei-ii ii-.-^l to inaugurate a new policy, hostile 
 to the Soutli, and distructive of its i)eace and safety. 
 
 On tiie 4tli of March next this party will take posses- 
 sion of the government. It has announced that the South 
 shall be excluded from the common territory; that the 
 judicial tribunals shall be made sectional, and that a war 
 must bo waged against slavery until it shall cease through- 
 out the United States. 
 
 The guaranties of the constitution will then no longer 
 exist; the equal rights of the states will be lost. The 
 slaveholding states will no longer have the power of 
 selt-government, or self-protection, and the federal gov- 
 ernment will have become their enemy. 
 
 Sectional interest and animosity will deepen the irrita- 
 tion, and all hope of remedy is rendered vain, by the fact 
 that public opinion at tlie North has invested a great po- 
 litical error ^nth the sanctions of a more erroneous reli- 
 gious belief. 
 
 We, therefore, the people of South Carolina, by our de- 
 legates, in convention assembled, appealing to the Su- 
 preme Judge of the world for the rectitude of our inten- 
 tions, have solemnly declared that the union heretofore 
 existing between this state and the other states of North 
 America, is dissolved, and that the State of South Carolina 
 has resumed her position among the nations of the world, 
 as a separate and independent state, with full power to 
 levy war, conclude peace, contract alliances, establish 
 commerce, and do all other acts and things which inde- 
 pendent states may of right do. 
 
 The debate on the adoption of these papers 
 discloses some interesting facts, and is sub- 
 joined. 
 
 Upon Mr. Memminger's declaration being 
 read, Mr. Furman and Mr. Inglis raised ques- 
 tions as to the accuracy of certain statements, 
 the former as to whether New Jersey had, as 
 alleged, voted for a " sectional candidate," and 
 the latter as to the allegation that Pennsylvania 
 had on her statute-book a " personal liberty 
 law." 
 
 Mr. Inglis said: They (Peun.sylvania) have what 
 they call a law to prevent kidnapping, nearly similar 
 to the law of Virginia, which law, owing to the con- 
 dition of public sentiment in Pennsylvania, has no 
 doubt been perverted to this purpose. A document 
 of this kind, and proceeding from a body like this, 
 ought to be exactly accurate in its statements. I 
 should like to ask the Chairman of the Committee 
 if he ha.s satisfied himself with regard to the tact that 
 
SECESSION MOVEMENT DEVELOPED. 
 
 1\ 
 
 thPTc is any such liw as this on the statute-book of 
 PeiiQsylvahia? If he has, why then I am satisHed. 
 
 Mr. Memminger. In reply to the gentleman I 
 would say that I hold in my hand an elaborate report 
 made on "this point by a Committee of the Legisla- 
 ture of Virginia in which the laws of each State are 
 professed to be correctly stated. 
 
 Mr. In'Olis. Will the gentleman give me the date 
 of that report ■? 
 
 Mr. Memmingr. It was made at the last session, 
 January 26th, 1880. 
 
 Mr. iNcrLis. To what law do they refer? for Penn- 
 sylvania has recently revised her criminal code, and, 
 I understand, has omitted some portion of that law. 
 
 Mr. Memminger. This is all the information I 
 have on the aubjecfc. It confirms what is stated in 
 the report. 
 
 Mr. Engli-~h read from De Bow's Review an article 
 fa very erroneous one] in support of the assertion 
 contained in the Declaration, that nearly all the Free 
 States had refused to sustain the Constitution. 
 
 Mr. r^lAXCY Grego. Tlie gentleman who just 
 resumed his seat, has pointed out in detail the various 
 questions referred to in this report. He has shown 
 that things have been said there v\'hich ought not to 
 to Have been said, and of the correctness of which 
 we have not sufflcient evidence. But my objection to 
 the paper is greater than this. It is that, as a State 
 paper, to go out as a new Declaration of Independ- 
 ence, it is entirely defective and imperfect. It pur- 
 ports to be a declaration of the causes which justify 
 the Secession of South Carolina from the Federal 
 Union. The causes ! And yet in all this declaration 
 not one word is said about the tariff, which for so 
 many years caused a contest in this State against the 
 Feder.al Government. Not one word is said about 
 the violations of the Constitution in expenditures 
 not authorized by that instrument ; but the main 
 stress is laid upon an iucoinparably unimportant point 
 relative to fugitive slaves, and the laws passed 
 by Northern States obstructing the recovery of fugi- 
 tive slaves. Mr. President, if we undertake to set 
 forth a declaration of the causes which justify our 
 Secession, we ought to publish a complete document 
 — a document which might vie in its completeness 
 with that which was adopted in 1776 -not that I mean 
 to say that that is a model cause ! that would be to 
 say a good deal too much. This declaration might 
 be put forth by gentlemen who had no objection what- 
 ever to the lavish and unconstitutional expenditures 
 which have been made by the Federal Governntent 
 for forty j-ears past. This is not the sort of paper 
 which, in my opinion, ought to go forth to justify 
 our action. A correct designation of this i)aper 
 would be a declaration of some of the causes which 
 justify the secession of South Carolina from the 
 Federal Union. If it is proper to set forth in a solemn 
 declaration some of the causes, why let the title be 
 altered, and, if the Convention tliink proper, let it 
 go forth ; but if we undertake to set forth all the 
 causes, do we not dishonor the memory of all the 
 statesmen of South Carolina, now departed, who 
 commenced forty years ago a war lUTun-t 'hi: t n-itf 
 (i»d ar/i.iinst i»f<r>hil iwprnr,-m-nts, saying nothing of tlie 
 Cnifed S'ntrx Bn»l- and other measures which may now 
 be regarded as obsolete. Many of the acts of the 
 non-slaveholding States obstructing the recoverv of 
 fugitive slaves have been passed since 1852—1 tliink 
 the majority of them ; Imf I do not riyianl it as a m.ittrr 
 of om/ imp<irtnnr,\ But when the people of South 
 Carolina, eight years since, declared that the causes 
 then existing fully justified the State in seceding, did 
 they confine themselves to these miserable fugitive 
 slave laws? No ! Sir, I regard it as unworthy of the 
 State of South Carolina to send forth a new declara- 
 tion now, and in it to say nothing about any other 
 cause justifying their action but fugitive slaves. I 
 am in favor of laying this report on the table, or re- 
 committing it. 
 
 Mr. Keitt. I agree with the gentleman that the 
 power of taxation is the central jiower of all Gov- 
 ernments. If you put that into my hands, I do not 
 care what the form of Government may be, I will 
 control your people through it. But that is not the 
 question in this address. We have instructed the 
 Committee to draw up a statement of the reasons 
 which influenced us in the present case in our with- 
 drawal. My fi-inul swii'-sU that suffiamt notice has not 
 been paid to the tarilj. Your late Senators, and every one 
 of your iwrnhers of tlie ITnuse of Ifepre.ie7>tative.l voted for 
 the prnseni tariff. If the pentleman laid heen there he would 
 also hare voted for it. [Laughter.] The question of 
 the tariff did agitate us in 1832, and did array this 
 State against the Federal Government. And I main- 
 
 2 
 
 tain that this State did triumph then. TMr. Cl.ay said 
 before the nullification, that the tariff system had 
 been established for all time. After the niiUitlcation 
 ordinance Mr. Clay said that that ordinance abol- 
 islied the American system, and that the State had 
 triumphed. It is true that we were cheated in the 
 compromise. Tlie tariff is not the qoestion win'h has 
 hmn.jhl us up fo our prt-'.;rnf attiliide. We are giving a 
 
 list of the causes to the worW — to the Southern 
 States. Let them not quarrel with >is now, when we 
 are brought up to a dissolution of the Union, by tlie 
 1 discussion of debatable and doctrinal points. Ttie 
 I Whig party, throughout all the States, have been pro- 
 j tectiv^e tariff men, and they cling to tbat old issue 
 with all the passion incident to the pride of human 
 j opinions. Are we to go off now, when other South- 
 j ern States are bringing their people up to the true 
 mark — are we to go off on debatable and doctrinal 
 ; points'? Are we to go back to the consideration of 
 ; this question, o*" this great controversy; go back to 
 I that party's politics around which so many passions 
 cluster? Names, sir, are much. Ojiinions, preju- 
 [ diced passions, cluster around names. Our peojile 
 have come up to this great act. lam willing in tin.i 
 issue torest disunion up'oi i ./ • // > ■/" slavery. It is the 
 great centrol point from '•■< oo proceeding. I 
 
 believe, sir. that the ref. :,> i -ii.T States in this 
 
 address is all correct. Tl- _',nitI . -i fpm Chester- 
 field savs that a certain construinion of one act of 
 the Pennsylvania code is denied by the citizens of that 
 State. iM'Isilf have veri/ are,t doiihts ai...nt Ih- proprirty 
 of the fugifivc slave tai". The Constitution was, in the 
 first place, a compact between the several States, and 
 in the second a treaty between the sections; and, I 
 believe the fugitive slave law was a treaty between 
 sections. It was the act of sovereign States as sec- 
 tions ; and I believe, therefore, and have very great 
 doubts whether it ought not to have been left to the 
 execution of the several States, and, failing of en- 
 forcement, I believe it should have been regarded as 
 a rasi/s Ih'li. I go for the address because I believe it 
 does present succinctly and conspicuously what are 
 the main primary causes. 
 
 Mr. Gregg. If "this address was to be a declaration 
 of the immediate causes which produced the secession 
 of South Carolina, what the gentleman had said might 
 be applicable, but its title <ines not say so. Another 
 document has been submitted to this body — an Ad- 
 dress to the Southern States. This is inconsistent 
 with the other. In the latter address all the causes 
 are stated in full. // we ivish to .find the immediate 
 cause of the secession of South Carolina, the immediate 
 cause of all is the election of Lincoln. 
 
 Mr. "isGLis. Will the gentleman inform us whether 
 the statutes of Vireinia do not contain a paragraph 
 relating to kidnapping, precisely similar to that of 
 Pennsylvania? 
 A Voice. It is the ease with Georgia. 
 Mr. Keitt. It may be so, sir, but I do not know. 
 Mr. Inglis. I say," Mr. President, I make no attack 
 upon this report ; but I propose to amend it by strik- 
 ing out the word " fifteen" and inserting " many" in- 
 stead ; and then to strike out tlie sentence whicfi con- 
 tains the enumeration of States. It will not disturb 
 the order to omit that. 
 
 IMr. Dargan. I confess my difficulty results from 
 the same sources as the gentleman from Richland 
 Let me express also my earnest conviction of the 
 dminent propriety of obtaining a concurrence and 
 symmetry in the declaration of the causes which led 
 to the secession of South Carolina, and in the senti- 
 ments enunciated in the Aildress to the Southern 
 States ; and as the Address to the Southern States, 
 which was read here to-day, M-as made the special 
 order for to-morrow, I move that this document be 
 also made the special order at the same time and in 
 connection with that subject. 
 
 Mr. Middleton. They are very different matters 
 — the one an address to the Southern i)eople and tlie 
 other an addre-s to the world. 
 Mr. Dargan. The subject-matter is the same. 
 The President. The question Avill be on making 
 the report of the Committee declaring Secession the 
 special order for one o'clock to-morroAV, in connection 
 with the report of the Committee on Slaveholding 
 States upon the same subject. 
 
 The question was taken and the motion was agreed 
 to. 
 
 On Monday, December 24th, 1860, th^ 
 Convention proceeded to consider both the 
 •Addr^\ss and the Declaration, when further 
 debat:" ensued. 
 
18 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 Many verbal amendments having been 
 made to the latter, 
 
 Mr. J. J. P. Smith moved to adof)t the 
 former for the present, and table the latter. 
 
 A Delegate. I second the motion, and call for the 
 previous question. 
 
 Mr. Louis Wardlaw. I trust that this Convention 
 is not goinar to act hastily. Whatever is done should 
 be done well. This address will reach no one of the 
 Southern States hefore the elections, unless it he the 
 State of Georefia. There is, therefore, no speci;il 
 reed of hurryinff the reference. There is not one 
 Binple sentence of that address to which I do not 
 heartily suhscrihe. It is an able and admirable expo- 
 sition of the structure of our Government and its 
 general operation. And yet I do not think it is ex- 
 actly that which an address to our Southern sisters 
 should be. I think it treats too much upon some sub- 
 jects, and does not touch others that are very im- 
 portant. From the beginning I have been very 
 anxious that these two papers should be consistent 
 one with the other, and contain all those matters 
 which we confess should operate either upon the 
 opinion of the Southern people or the ojiinion of the 
 world. Now, sir, my objection to the address to the 
 Southern people is that it does not dilate as it should 
 upon matters connected with the immediate cause of 
 our secession, but on matters connected with slnvery. 
 My objection to the other address is, that it dwells 
 too much upon those fusfitive slave laws and those 
 personal liberty bills, which give it too much the appear- 
 ance of special pleading. Ihe address which we have 
 under consideration does not set off to the Southern 
 people, as it should, our defenceless condition. Al- 
 ready our adversaries have the House of Representa- 
 tives"; they will soon have the Senate, and then they 
 can make the Judiciary what they please, and thus 
 have entire power over the Government. It does not 
 Bet forth, as I think it should, that the election of 
 Lincoln is, in fact, an edict of emancipation. It does 
 not set forth what would be the deleterious eff'ects of 
 emancipation ; that emancipation would be destruc- 
 tion to the blacks and degradation to the whites. 
 Nor does this address set forth the shameless hypo- 
 crisy of the North, who, whilst they cry out agjainst 
 what they call the sin of slavery, do not choose to 
 reliei'e themselves of that which they assert is an 
 evil by withdrawing from the Confederacy. When 
 these addresses go forth, they go forth as solemn 
 State papers, by which we must be able to stand. 
 For this reason, every word should be inost carefully 
 considered, and nothing suiierfluous shonld be con- 
 tained in tliem ; nothing important should be omitted. 
 
 Mr. Memminger next took the floor and defended 
 the address to the nations of the world, which was 
 reported by himself. After reeitinc its points and 
 the principles it enunciated, he said : We show by 
 law of compact that we are entitled to leave this 
 Government. IMy friend from Abbeville says, in this 
 regard, he does not exactly approve this document. 
 Allow me to say to the honorable gentlemen that 
 when you take the position that you have a right to 
 break yo'ir faith, to destroy an agreement which you 
 have ma<le, to tear off your seal from the docunient 
 to which it is affixed, you are bound to justify your- 
 self fully to all the nations of the world ; for there is 
 nothing that casts such a stain upon the escutcheon 
 of a nation as a breach of faith. Therefore the docu- 
 ment shows fully that both in measure and in spirit 
 our co-States have broken the Constitution and the 
 Union. Not only in letter has this been done, but 
 also in spirit. The common agent which should have 
 acted for our common good has been converted into 
 an instrument for our destruction. And now as a 
 consummating act a section i. t resident has been 
 elected, whose chief recommendation w.ts that he de- 
 sires to see slavery abolished. The great objection 
 that we raise is not to .Abraham Lincoln himself, but 
 because he is the representative of a hostile opinion, 
 destructive of every interest of the South 
 
 Mr. Rhett next spoke in explanation of the Ad- 
 dress to the Southern States, which was reported by 
 himself. This committee, lie snid, determined that, 
 whilst setting forth the immediate cause which in- 
 duced South Carolina to secede, it was not improper 
 to go into previous causes which led to that result. 
 The secession of South Carolina is not an event of a day. 
 It is not any thing produce'!, by Mr. Lincoln's election, or 
 bij the non-execution of the fugitive ulave law. It has been 
 a matter which has been gathering head for thirty years. 
 The election of Lincoln and Hamlin was the last 
 straw DC the back of the camel. But it was not the 
 
 only one. The back was nearly broken before. The 
 l)oint upon which I differ from my friend is tliis : He 
 ! s-iya he thought it expedient for lis to put tliis great 
 ; question before all the world upon this simi)le matter 
 i of wrongs on the question of slavery, and tliat ques- 
 ] tion turned ujjon the fugitive slave law. I^ow, in re- 
 gard to the fugitive slave lair, I myself doubt its consti- 
 ! tutionality, and I doubted it on the floor ot the Senate, 
 ' when I was a member of that body. The States, 
 acting in their sovereign capacity, should be respon- 
 silile for the renditio < fugitive slaves. That was 
 our best security. This report has proceeded upon 
 the elaborate discussion of a constitutional question, 
 atinut which the very ablest men in this State have 
 doubted. When we "go before the world, if we put it 
 ujjon mere matter of this kind, we do not do justice 
 to our cause. Sir, to whom are we to speak? Is it 
 simply to the North 1 We are about to sunder our 
 relations with that section, and I trust forever. Our 
 treaties, I sujjpose, will be with the nations of Eu- 
 rojie. Do you sup]>ose the nations of Europe will 
 have any sympathy with us, or confidence, or affec- 
 1 tion, because of the violation of the fugitive slave 
 : law! Germany, and France, and England, what do 
 : they all say ? Sir, in setting up our independence we 
 ! are not to harrow it down simply to the question of 
 slavery. We do not do ourselves justice. The 
 i aggression upon slavery is the last consequence of 
 I a great cause, and that great cau-<e is the dissolution 
 of the Constitution of the United States by the agents 
 of the North. It is that which led them to the ag- 
 • gresaions upon the taxing power. It is that which 
 led to the aggressions upon the appropriation iiower. 
 It is that which led to the aggressions on slavery in 
 1 the District of Columbia. And now the great cause 
 I is, that we do not live in a free Government. 
 1 Mr. Memminger. The gentleman wlio has just 
 taken his seat is not as familiar with this document 
 as I am, or he would have been saved the necessity 
 of a goiid deal he has said. I entirely concur in the 
 opinion tliat the Constitution of the United States 
 I requires the rendition of slaves by the States and not 
 i by the General Government ; and" if any one will read 
 I this report he will perceive that that is precisely the 
 ground upon which it proceeds. We there complain 
 that the States ha\'e not fulfilled their constitutional 
 obligations — not that the Federal Government has 
 not done its duty. We there complain that when 
 the Federal Government undertakes to do that which 
 : the States had obligated themselves to do, they inter- 
 fere to prevent its faithful execution. 
 I Judge Withers said : I have not much to say to this 
 Convention, but the first thing which I desire" to sub- 
 mit to them is this : that the addresses which are now 
 upon your table, and which are the subject-matter of 
 I a motion for further reference to the two committees 
 ; reporting them, are, in my understanding, diplomatic 
 pa])ers, I profess not to' be much of a diplomat my- 
 self, yet I i)rofess to have a desire that this Conven- 
 tion shall confine itself to the object which it pre- 
 scribes to itself. 
 I What is the object of the Address to the Southern 
 : People 1 Is it not to conciliate the Southern States 
 [ towards the purposes of a Southern Confederacy ; 
 and, as far as we can, to persuade them to enter into 
 a compact with South Carolina? Is that tlie object 
 of the Address to tlie Slaveholding States? If not, 
 why sliould it be issued? 
 
 It is said in the discussion that the Address to the 
 Slaveholding States should descant upon the taxing 
 ] ])ower ;ind the power to lay duties upon imports, as 
 well as the expenditures oif money in undue propor- 
 tion upon the part of the Federal Government among 
 the Free States, as matters of grievances of the 
 greatest importance ; that such topics ought to be 
 found in this paper setting forth the causes of Seces- 
 I sion. Well, in an Address to the People of the Slave- 
 holding States is it exjiedient to dwell and insist 
 uiion a topic which will not find favor with all the 
 Southern States? I submit to the experience of the 
 able gentleman who prepared that address to say 
 whether, if we declared that we separated from the 
 Confederacy because of the tariff of luotection to 
 domestic manufactures, he will find that, be it ever 
 so true, a sentiment corresponding to public opinion 
 in Louisiana, Missouri, or Kentucky? 
 
 All this matter of the tariff has been enacted while 
 the Confederacy existed, and with South Carolina as 
 a i)arty to the transaction. When it begun in 1816, 
 who was it voted for a tariff' highly protective to 
 domestic manufactures? Did not that great man 
 whom we all reverence, both living and dead— I mean 
 Mr. Calhoun— vote for this measure? Did not the 
 Representative in the House from the Congressional 
 
SECESSION MOVEMENT DEVELOPED. 
 
 19 
 
 district including Ricbland vote for the tariff of 1816? Has 
 tiiere over becu a time wlieu Louisiana, Missouri, and 
 K( ntucliy were not iu favor of a protectivo tariff; not only 
 fir protection of domestic manufactures, but lor protection 
 on the products of sugar and hemp 1 Are you sure they 
 will join you in saying they should dissolve tlio Union on 
 accuinit lif the existing tariff giving protection to domestic 
 m^iijurnctures? You believe, and so do I, that there has 
 been a perversion of the Constitution in relation to im- 
 posts for the purpose of protection to domestic manufac- 
 tures. I know of no time, from the period of my entering 
 college in 1&23, that I did not believe it was a bold and 
 daring invasion of the Constitution of the United States. 
 Undoubtedly this is my opinion, undoubtedly this is the 
 opinion of South Carolina. Then if I had to draw these 
 papers, if I should present my views and opinions in a 
 common address to the Slaveholding States, I should sug- 
 gest tlie propriety of leaving out all topics of that descrip- 
 tion, whi^u I believe that three of tliese States differ in 
 senliment with South Carolina. It appears to me, there- 
 fore, we liave not exactly hit upon the matter which is the 
 most expedient and proper in an Address to the People of 
 the Slaveholding States. It is a diplomatic document. I 
 shall vote for it. But at the same time I do not think as a 
 diplomatic paper, that with respect to the levying of duties 
 on imports, it is likely to find favor with all our slaveholding 
 friends for whom this tariff was designed as well as for the 
 North. 
 
 In regard to expenditures by the Federal Govern- 
 ment of its income, we all know very well that the great 
 biUk has gone within the Northern States — that there have 
 been, on the part of the Federal Government, favorite 
 States. 
 
 When we complain in the aggregate,'or in general terms, 
 when we say that the grievances of South Carolina are 
 found in the fact that the Treasury has been depicted by 
 illegal means, and in undue proportion administered to the 
 North, I question whether we are quite safe in alleging 
 that as a grievance of South Carolina, without qualifica- 
 tion. There has been an unfaithful execution of the Con- 
 stitution on the part of its own general agent in that 
 respect. But let us not forgot to confess the truth under 
 any and all circumstances. What have we ourselves betn 
 doing? And in the city of Charleston, too, where have 
 you bought your supplies, and with whom do you trade? 
 \Vliere has the great surplus of your money been necessa- 
 rily spent? Where has it gone to? lias it not gone to 
 these people who have received the Federal money ? Gov- 
 ernment and individuals have sought the same market. 
 Why? Because nobody else could furnish the articles 
 each wanted. Can you say, therefore, that the Federal 
 Government is to be blamed for spending a large amount 
 of money in the non-slaveholding States? Where was the 
 Federal Government obliged to get its necessary support 
 for the army and navy? Where could the Federal Govern- 
 ment fill up the ranks of its army and navy? Will you 
 nut allow the Government to buy of its own citizens, as we 
 have all done? If by the cunning of these men in the 
 non-slaveholding States they have bern ablv di pie^ont to 
 the Go\ernment inducements to obtain th.ir Miiiplii'S, can 
 we complain? Whore else could they have Ih-,ii procured? 
 So far, the Government has been (>ljlif,"Ml to spend its 
 money among the people of the North and Northwest for 
 bacon, lard, and all the supplies of the army and navy. I 
 submit these views for the pui'pose of drawing the atten- 
 tion of the Convention to the fact that we may go too far 
 iu this document, and use fissertions too strong. •; 
 
 In respt<ct to the argument of the fugitive slave law, I 
 concur lul ly. I heard something said here questioning the 
 (,'oustitutionality of the fugitive slave law, as it is called. 
 This is a difficult question. In the case of Prigg and the 
 Commonv>fealth of Pennsylvania, all the Judges of the 
 United States Court but two declared that Congress, and 
 Congress alone, could provide legislation to execute the 
 fourth article of the Constitution of the United States. 
 Immediately after that decision the astute Legislatures of 
 the New England States seized upon that decision and 
 passed their liberty laws, invoking the doctrine announced 
 in the case of Prigg vs. the Commonwealth of Pennsyl- 
 vania. Could any man say that South ^Carolina should 
 separate from the United States in consequence of the Con- 
 gress of the United States pa-ssing such a law ? A like 
 law was passed in 1793. Did our people object to it then? 
 I confess I have a reverence for antiquity. I profess to 
 have a veneration of the men of 1793— Christopher Gads- 
 den, John liutledge, the Pinckneys, and others, I profess 
 to believe that they were as patriotic as I profess to be. If 
 we made no objection at that time to the power of Congress 
 to pass a fugitive slave law, under the fourth article of the 
 Constitution of the United States, I hold it would be unsafe 
 fur the Convention of South Carolina to say that that is 
 
 a cause for which she separates from the United States. 
 It was a matter, as long ago as 1043, of stipulation be- 
 tween Massachusetts, Rhode Island, and another colony, 
 that they should deliver each other's fugitive slaves. It 
 was a matter between the colonies that ewh colony should 
 deliver fugitives. As long ago as that period Congress did 
 exercise this power, and we did acquiesce and never voted 
 against it. 
 
 If I were to stand here and declare the various causes 
 which led me to subscribe my nameto the Act of Secession, 
 I should insist on some other considerations besides those 
 suggested by this address. I would have said that when a 
 citizen of Maryland went to Pennsylvania to recover his 
 fugitive under an act of Congress they murdered him, and 
 his murderer* escaped from justice in the court of Penn- 
 sylvania. Then was the time for Maryland to have de- 
 manded justice under the compact. It was then I would 
 have stood up for the rights of that slaveholder. If I 
 chose further to afflict this Convention I could bring before 
 them a long catalogue of grievances. I think if every 
 member of the Conv&itimi should draw up an indictment 
 against thepeaple of the unfaithful confederate States, and 
 you might have any number of addresses upon that subject, 
 you would probably find no two ver)i nearly alike. Since, 
 therefore, every one's t.aste and judgment cannot be an- 
 swered, if there bo no substantial objection to the addresses 
 before us, as I think there is not, it is proper to vote for 
 them, and I shall do so. 
 
 The papers were both adopted. 
 
 A third report was niada to the Conventiori 
 by Judge Withers from the Committee on R-^- 
 lations with the Shxveholding States of North 
 America, which sjiould be included, to make 
 the catalogue complete : 
 
 The committee on "relations with the slaveholding 
 states of North America," beg leave to report that they 
 have carefully considered the three several propositions con- 
 tained iu the resolutions referred to them, which were sub- 
 mitted in convention by three several members from St. 
 Phillip's and St. Michael's. All the resolutions referred to 
 the committee look to the purpose of confederate relations 
 with our sister states of the South, having common iuterefjts 
 with us, and every cause, as we trust, to indulge towards 
 us common sympathies and to contract cordial relatio'is. 
 In such a purpose th« committee entirely and unanimously 
 concur, and they recommend that every proper measuie !.e 
 adopted to accomplish such an end. Upon this subjict so 
 much unanimity prevails, and has long prevailed in this 
 state, that an argument thereupon would be wholly su- 
 perfluous. All seem to agree that the first step proper to 
 be taken for the purpose of promoting and seouing the 
 confederation we seeli, is the appointment of commission- 
 ers, hy the authority of this convention, to such states of 
 the South as may call conventions to consider and deter- 
 mine their future p<jlitical relations. 
 
 The committee advise that such steps be taken by this 
 convention, hoping and believing that our sister states of 
 the South will correctly interpret our action in taking the 
 initiative as arising, by no means, from any presumptuous 
 arrogance, but from the advance position which circum- 
 stances have given to this state in the lino of procedure for 
 the great design of maintaining the rights, the security 
 and the very existence of the slaveholding South. 
 
 It has been a subject of anxious consideration with 
 the committee whether the commissioners, whose appoint- 
 ment they recoumiend, should be instructed to tender any 
 basis of a teniporary or provisional government to the 
 states to which they may bo accredited. 
 
 The instrument called the constitution of the United 
 States of America, has been suggested as a suitable and 
 proper basis to be offered for a provisional government. 
 
 The suggestion has been commended to the committee 
 by v.arious considerations, which cannot now be sot forth 
 in full or at large. Among these are : 
 
 That the s;ud instrument was the work of minds of the 
 first order, in strength and accomplishment. 
 
 That it was most carefully constructed by comprehensive 
 views and careful examinations of details. 
 
 That experience has proved it to be a good form of gov- 
 ernment for those sutficiently virtuous, intelligent and 
 patriotic to cause it to bo fairly and honestly construed 
 and impartially administered. 
 
 That the settled opinion of this state has never been ad- 
 verso to that plan of government of confederated states, on 
 account of any thing in its structure; but the dissatisfaction 
 is attributable to the false glosses, and dangerous misinter- 
 pretation, and perversion of sundry uf its provisions, even 
 
 "in 18i7. 
 
20 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 to the extent, in one particular, of bo covering up the real | ernmeiit for such states, 'which proposed plan shall he 
 purposes of certain legislation, (meant to protect tlomestic j referred back to the several state cuuventious for their 
 manufactures in one section), as to estop the supreme court j adoption or rejection. 
 
 in its opiuion, from judicially perceiving the real design. Fourth. That eight deputies shall he elected by ballot 
 ^ presents a complete scheme of (-orifpflprntinn ca. I 
 
 That it presents a complete scheme of confederat: 
 pable of being speedily put into operation; familiar by 
 long acquaintance with its provisions, and their true import 
 to the ijeoplo of the South, many of whom are believed to 
 cherish a degree of veneration for it, and would feel safe 
 under it, when in their own hands, for interpretation and 
 administration, especially as the portions that havo been, 
 by perversion, made potent for mifchief and oppression in 
 the hands of adverse and inimical interests, have received 
 a settled construction by the South. That a speedy con- 
 federation by the South is desirable in the highest degree, 
 which, it is supposed, must he temporary at first, (if ac- 
 complished as soon as it should bo), and no better basis 
 than the constitution of the United States is likely to be 
 8ug£;ested or adopted for temporary purposes. 
 
 'I'liat the opinions of those to whom it is designed to 
 offer it, would be conciliated by the testimony the very act 
 itself would carry, that South Carolina mi'ant to seek no 
 selhsh advantage, nor to indulge the least spirit of dictation. 
 That such form of government is more or less known to 
 Europe, and, if adopted, would indicate abroad that the 
 seceding southern states had the foresiglit and energy to 
 put into operation forthwith, a scheme of government and 
 administration competent to produce a prompt organiza- 
 tion for internal necessities, and a surBcient protection of 
 foreign commerce <Urected hither, as well iis to guarantee 
 foreign powers in tlie confidence that a new confederacy 
 had immediately arisen, quite adequate to supercede all the 
 evils, internal and external, of a partial or total inter- 
 regnum. 
 
 That its speedy adoption would work happily as a reviv- 
 ifj-ing agency in matters financial and commercial between 
 the states adoptingit, and between them .as a united power 
 and foreign commercial nations, and at the same time 
 would combine, without delay, a power touching purse and 
 sword, that might bring to a prudent issue the reflections 
 of those who may perchance be contemplating an invasion, 
 or to an issiio disastrous to them, the attempted execution 
 of such unholy design. 
 
 Such are some of the considerations, very rapidly stated, 
 which address themselves to this subject. It is contended 
 that some limitation of the power to levy duties, and that 
 to regulate commerce, (and perhaps other provisions of the 
 said constitution), may be desirable, and are in fact 
 some of the committee, yet these modifications may be 
 safely loft to a period when the articles of a permanent 
 government may be settled, and that, meantime, the con- 
 stitution referred to will serve the purpose of a temporary 
 confederation, which the committee unite in believing 
 ought to be sought, through all proper measures, most 
 earnestly. 
 
 It is also submitted, that if the tender of the said con- 
 stitution, even as a provisional government, should, in the 
 opinion of the convention, be accompanied by a condition 
 that it be subject to specific limitations, expositions of 
 ambiguities, or modifications, the committee would re- 
 gpectlully refer to the convention itself such matters; and 
 tliis is done, not because the committee would not willing- 
 ly consider and report upon such subject, but because 
 they deem it due to the convention and the public interest 
 that they should now lay before the convention the reso- 
 lutions, which the m;ijority of the committee recommend 
 to the convention as fit to "bo adopted, viz : 
 
 Rfsolced, Firet. That this convention do appoint a com- 
 missioner to proceed to each of the slaveholdiug states that 
 may assemble in convention, for the purpose of laying 
 our oriUnance of secession before the same, and respectfully 
 inviting their co-operation in the formation with us of a 
 southern confederacy. 
 
 Second. That our commissionora aforesaid, be further 
 authorized to submit, on our part, the federal constitution, 
 as the biisis of a provisional government for such states as 
 shall have withdrawn from their connection with the gov- 
 ernment of the United States of America : Provided, That 
 the said provisional government, and the tenures of all 
 olficers and appointments arising under it, shall cease and 
 determine in two yeai-s from the 1st day of July next, oi 
 when a permanent government shall have been organized. 
 Third. That tho said commissioners be authorized to in- 
 vite the seceding states to meet in convention, at such time 
 and place as may be agreed upon, for the purpose of form- 
 ing and putting in motion such provisional government, 
 and BO that the said provisional government shall be oi'ga- 
 nized and go into effuct at the earliest period previous to 
 the Ith day of March, 1801, and that the same convention 
 of seceded states shall proceed forthwith to consider and 
 propose a constitution and plan for a permanent gov- 
 
 by this convention, who shall be authorized to mett in 
 convention such deputies as may lie appointed by the other 
 slaveholdiug states who may secede from the FederalUiiion , 
 for the purpose of carrying into effect tho foregoing reso- 
 lutions ; and that it be recommended to the said states 
 that each state be entitled to one vote in the said conven- 
 tion, upon all questions which may be voted upon therein ; 
 and that each state send as many deputies as are equal in 
 number to the Jiuinljer of senators and representatives lo 
 which it was entitled in the Congress of the United States. 
 On the question of sending copies of the 
 Ordinance and tbe accompanying Declara- 
 tion of Causes and the Address, to tbe Gov- 
 ernors of the slaveholding States, there was 
 a debate, in which Mr. Davgan urged the pro- 
 priety of notifying the authorities of all the 
 States, which being objected to, 
 
 Mr. Dargan said: A statement of the rea- 
 sons is required, as well as the Ordinance of 
 Secession. Courtesy to our late Confederates, 
 whether enemies or not, calls for the reasons 
 that have actuated us. It is not true, in 
 point of fact, that all the Northern people are 
 hostile to the rights of the South. We have 
 a Spartan hand in every Northern State. It is ■ 
 due to them theij should know the reasons wh>ch 
 influence us. According to our apprehensions 
 the necessity wnich exists for our immediate 
 withdrawal from association with the North- 
 ern States is that this hostile Abolition parly 
 have the control of t'le Government, and there 
 is no hope of rediess for our grievances. 
 
 Speech of Alexander H. Stephens, 
 November 14th, 1880. 
 
 As against these allegations, we insert the 
 speech of Hon. Alexander H. Stephens of 
 Georgia, before the Legislature of Georgia, 
 November 14th, 1860, and an extract from 
 his speech in the Convention of Georgia, of 
 January, 1861: 
 
 Fellow-Citizens: — I appear before you to-night, at the 
 request of members of the Legislature and others, to 
 speak of matters of the deepest interest that can possibly 
 concern us all of an e<u-thly chai-acter. There is uotliiug — 
 no question or subject connected with this life — that con- 
 cerns a free people so intimately as that of the government 
 under which they live. We are now, indeed, surrounded 
 by evils. Never, since I entered upon the public stage, 
 has the country been so environed with difficulties and 
 dangers that threatened the public peace, and the very 
 existence of society, iLS now. 1 do not now appear before 
 you at my own instance. It is not to gi-atify a desire of 
 my own that I am here. Had I consulted my own ease 
 and pleasure 1 should not be before you ; but, believing 
 that it is the duty of every good citizen to give his 
 counsels and views whenever the country is in danger, 
 as to the best policy to be pursued, I am here. For these 
 reasons, and these only, do I bespeak a calm, patient and 
 attentive hearing. 
 
 My object is not to stir up strife, but to allay it ; not to 
 appeal to your passions, but to your reason. Good govern- 
 ments cau never be built up or sustained by the impiilseof 
 passicm. I wish to address myself to your good sense, to 
 your good judgment, and if, after hearing, you disagree, let 
 us agree to disagree, and pan as we met, friends. We all 
 have the same object, the same interest. That people 
 should disagree, in republican governments, upon ques- 
 tions of puljlic policy, ia natural. That men should 
 disagree upon all matters connected with hiunau investi- 
 gation, whether relating to science or human conduct, is 
 natural. Hence, in free governments, parties will arise. 
 IJut a free people should express their different opinions 
 with liberality and charity, with no acrimony toward 
 those of their fellows when honestly and sincerely given. 
 These are my feelinfis to-night. 
 
SECESSION MOVEMENT DEVELOPED. 
 
 21 
 
 Let us. therefore, reason tmretlier. It is rmt my purpose 
 tosayauglit to wound tLfe ftelins^s of auy individual who 
 may be present; and if, in ilie ardency with which I sliall 
 express my opinions, I shall say any thing which may be | 
 deemed too strong, let it be set down to the zeal with which j 
 I advocate my owji convictions. There is with me no inten- 
 tion to irritate or offend. I 
 The first question that presents itself is, shall the people | 
 of the South secede from the Union in consequence of the | 
 election of Mr. Lincoln to the Presidency of the United I 
 States? Sly countrymen,! tell t/ou frankly, candidly attd ear- 1 
 nestly, that I do not think thatthey ought. In my judgment 
 the election of no man, constitutionally chosen to that high 
 office, is sulficient cause for any State to separate from the 
 Union. It ought to stand by and aid still in maintaining 
 the C mstitutinu and the country. To niakp a point of re- 
 sist:) ii. '• t ' ;':■' .;■ '\ •■■ Moi.'iit, [>i wIMil' i\v fiMin it because a 
 man - ; , ■ ■ ',. .1 'i iis in the wrong. 
 Vi,- ! I . , :( :i ' ,■■ I ,, '' ; I :i. Many of US 
 hav, SA- .ii ! . .-,1.;. .-t i-. I'l', V,-, tii.'.r.re.forthemere 
 electioji iif a man ti> the Pre-idency.and that too in accord- 
 ance with the prescribed forms of the Constitution, make a 
 p>iut of resistance to the government without becoming 
 t!ie breakers of that sacred instrument ourselves — with- 
 draw onrselves from it? Would we not he in the wrong? 
 Whatever fate is to befall this country, let it never be laid 
 to tlic charge of the people of the South, and especially to 
 the pO'iple of Georgia, that we were untrue to our national 
 engagements. Let the fault and the wrong rest upon others. 
 If all our hopes are to be blasted, if the Republic is to go 
 down, let us be found to the last moment standing on the 
 deck, with the Constitution of the United States waving 
 over our heads. Let the fanatics of the North break the 
 Constitution, if such is their fell purpose. Let the respon- 
 sibility be upon them. I shall speak presently more of 
 their acts ; but let not the Scmth — let us not be the ones to 
 commit the aggression. We went into the election with 
 this people. The result was dift'erent from what we wished ; 
 but the election has been constitutionally held. Were we 
 to make a point of resistance to the Government and go out 
 of the Union on that account, the record would be made tip 
 hereof te.r ax/ainst us. 
 
 But it is said Mr. Lincoln's policy and principles are 
 against the Constitution, and that if he carries them out it 
 will be destructive of our rights. Let us not anticipate 
 a threatened evil. If he violates the Constitution, then 
 will come our time to act. Do not let us break it because, 
 forsooth, he may. If he does, that is the time for us to 
 strike. I think it would be injudicious and unwise to do 
 this sooner. I do not anticipate that Mr. Lincoln will do 
 any thing to jeopard our safety or security, whatever may 
 be his spirit to do it; for he is bound by the constitutional 
 checks which are thrown around him, which at this time 
 render him powerless to do any great mischief. This shows 
 the wisdouj of our system. i?he President of .the United 
 States is no Emperor, no dictator— he is clothed with no 
 ab.solute power. He can do notliing unless he is backed by 
 piwer in Congress. Tlio Ilou.-e of Itepresentatives is 
 largely in the majorif ■■ >. i ,i 'mi. 
 
 In the Senate he \\ ; I . iTless. There vdU be a 
 
 majority of four R,!;.n', , after the loss of Bigler, 
 
 Fitch, and others, liy iIm' uui -r niiate dissensions of the 
 National Democratic party in their States. 5Ir. Lincoln 
 cannot appoint an officer without the consent of the Senate. 
 He cannot form a cabjnet without the same consent. lie 
 will be in the condition of George III. (the emboiliment of 
 Toryism), who had to ask the whigs to appoint his minis- 
 ters, and was compelled to receive a cabinet utterly op- 
 posed to his views ; and so Mr. Lincoln will be compelled 
 to ask of the Senate to choose for him a cabinet, if the De- 
 nncracy of that body choose to put liim on such terms. He 
 will be compelled to do this or let the government stop, if 
 the National Democratic men — for that is their name at the 
 North — the conservative men in the Senate, should so de- 
 termine. Then how can Mr. Lincoln obtain a cabinet 
 which would aid him, or allow him to violate the Consti- 
 tution? 
 
 Why, then, I say, should we disrupt the ties of this Union 
 when his hands are tied, when he can do nothing against 
 us? I have heard it mooted that no man in the State of 
 Georgia, who is true to her interests, could hold office under 
 Mr. Lincoln. But, I ask, who appoints to office ? Not the 
 President alone ; the Senate has to concur. No man can be 
 appointed without the consent of the Senate. Should any 
 man then refuse to hold office that was given to him bv a 
 Democratic Senate? [Mr. Toombs interrupted, and said if 
 the Senate was Democratic it was fn- Mr. Breckinridge.] 
 Well, then, continued Mr. S., I apprehend no man could be 
 justly considered untrue to the interests of Georgia, or in- 
 cur any disgrace, if the interests of Georgia required it, to 
 hold an office which a Breckinridge Senate had given him, 
 even though Mr. Lincoln should be President. 
 
 I trust, my countrymen, you will be still and silent. I 
 am addressing your good sense, I am giving you my views 
 in a calm and dispassionate manner, and if any of you differ 
 With me, you can, on any other occasion, give your views 
 
 as I am doing now, and let reason and true patriotism de- 
 cide between us. In my judgment, I say, under such cir- 
 cumstances, there would be no possible disgiace for a 
 Southern man to hold office. No man will be suffered to be 
 appointed, I have no doubt, who is not true to the Consti- 
 tution, if Southern Senators .are true to their trusts, as I 
 cannot permit myself to doubt that they will be. 
 
 My honorable friend who addressed you last night (Mr. 
 Toombs), and to whom I listened with the profoundest at- 
 tention, asks if we would submit to Black Republican rule? 
 I say to you and to him, a-s a Georgian, I never would sub- 
 mit to any Black Republican aggression upon our cc^nstitu- 
 tional rights. I will never consent myself, as much as I 
 admire this Union for the glories of the past, or the bless- 
 ings of-the present — as much as it has done for the people 
 of all these States — as much as it has done for civilization 
 — as much as the hopes of "the world hang upon it? I would 
 never submit to aggre.ssion upon my rights to maintain it 
 longer; and if they cannot bo maintained in the Union, 
 standing on the Georgia platf irm, where I have stood from 
 the time of its adoption, I would be in favor of disrupting 
 every tie which binds the States together. 
 
 I will have equality for Georgia and for the citizens of 
 Georgia, in this Union, or I will look for new safeguards 
 elsewhere. This is my position. The only question now is, 
 can they be secured in the Union ? Th.at is what I am 
 counseling with you to-night about. Can it be secured ? 
 In my judgment it may be, but it may not be; but let u.s 
 do all we can, so that in the future, if the worst come, it 
 may never be said that we were negligent in doing our duiy 
 to the last. 
 
 My countrymen, I am not of those who believe this Union 
 has been a curse up to this time. True men, men of integ- 
 rity, entertain different views from me on this subjeet. I 
 do not question their right to do so ; I would not impugn 
 their motives in so doing. Nor will I undertake to say that 
 this government of our fathers is perfect. There is nothing 
 perfect in this world of a human origin — nothing connected 
 with human nature, from man himself to any of his works. 
 You may select the wisest and best men for your judges, 
 and yet how many defects are there in the administration 
 of justice? You may select the wisest and" best men for 
 your legislators, and yet how many defects are apparent 
 in your laws? And it is so in our Government. 
 
 But that this government of our fathers, with all its de- 
 fects, comes nearer the objects of all good governments 
 than any other on the face of the earth is my settled convic- 
 tion. Contrast it now with any on the face of the earth. 
 [England, said Mr. Toombs.] England, my friend says. Well, 
 that is the next best, I grant; but I think we have improved 
 upon England. Statesmen tried their apprentice hand on the 
 government of England, and then ours was made. Ours 
 sprung from that, avoiding many of its defects, taking most 
 of the good and leaving out many of its errors, and from 
 the whole constructing and building up this model Repub- 
 lic — the best which the history of the world gives any ac- 
 count of. 
 
 Compare, my friends, this Governmentwith that of Spain, 
 Mexico, the South American Republics, Germany, Ireland 
 — are there any sons of that down-trodden nation here to- 
 night? — Prussia, or, if yor travel further east, to Turkey or 
 China. Where will you go, following the sun in its circuit 
 round our globe, to find a government that better protects 
 the liberties of its people, and secxirea to them the blessings 
 we enjoy ? I think that one of the evils that beset us is a 
 surfeit of liberty, an exuberance of the priceless blessings 
 for which we are ungrateful. ATe listened to my honorable 
 friend who addressed you last night (Mr. Toombs) as he 
 recouTited the evils of this Government. 
 
 The first was the fishing bounties, paid mostly to the 
 sailors of New England. Our friend stated that forty-eight 
 years of onr government was under the administr.iti in of 
 Southern Presidents. Well, these fishing bounties I ogan 
 under the rule of a Southern President, I believe. No one 
 of them during the whole forty-eight years ever set his ad- 
 ministration against the principle or policy of them. It is 
 not for me to say whether it was a wise policy in the begin- 
 ning; it probaldy was not, and I have nothing to say in its 
 defence. But the reason given fir it was to encourago our 
 young men to go to sea and learn to manage ships. We 
 had at the time but a small navy. It was thought best to 
 encourage a class of our people to become acquainted with 
 seafaring life, to become sailors — to man our naval ships. 
 It requires practice to walk the deck of a ship, to furl the 
 sails, to go aloft, to climb the mast; and it was thought, by 
 offering this bounty, a nursery might be formed in which 
 you^ig men would become perfected in these arts, and it ap- 
 plied to one section of the country as well as to any other. 
 
 The result of this was, that in the war of 1812 our sailors, 
 many of whom came from this nursery, were equal to any 
 that England brought against us. At any rate, no small 
 part of the glories of that war were gained by the veteran 
 tars of America, and the object of these bounties was to 
 foster that liranch of the national defence. My opinion is 
 that whatever may have been the reason at first, this 
 bounty ought to be discontinued — the reason for it at first 
 
SECESSION MOVEMENT DEVELOPED. 
 
 no longer exists. A bill for this object did pass tlie Sennte 
 the last Congress I was in, to which my hdnorable friend 
 contributed greatly, but it was not reached in the House of 
 Representatives. I trust that he will yet see that he may 
 ■with honor continue his connection with the government, 
 and that his eloquence, unrivalled in the Senate, may here- 
 after, as heretofore, be displayed in having this bounty, so 
 obnoxious to bim, repealed, and wiped off from the statute 
 book. 
 
 The next evil which my fnend complained of, was the 
 tariff. Vi'M, let nslook at that for a moment. About the 
 time I commenced noticing public matters, this question 
 was agitating the country almost as fe.arfully as the slave 
 question now is. In 1832, when I was in college. South 
 Carolina was ready to nullify or secede from the Union on 
 this account. And what have we seen ? The tariff no 
 longer ^distracts the public counsels. Reason has tri- 
 umphed ! The present tariff was voted for by Massachu- 
 setts and South Carolina. The lion and the lamb lay down 
 togclhpr — every man in the Senate and House fromMassa- 
 chn^efts and South Carolina, I think, voted for it, as did 
 my honorable friend himself And if it be true, to use the 
 figure of speech of my honorable friend, that every man 
 fn the North that works in iron, and brass and wood, has 
 his muscle strengthened by the protection of the govern- 
 ment, that stimulant was given liy his vote, and I believe 
 every other Southern man. So we ought not to complain 
 of that. 
 
 5Ir. Toombs. The tariff assessed the duties. 
 
 Mr. Stephens. Yes. and Massachusetts with unanimity 
 voted with the South to lessen them, and they were made 
 just as low as Southern men asked them to be, and that is 
 the rate they are now at. If reason and argument, with 
 experience, produced such changes in the sentiments of 
 Massachusetts from 1832 to 18f)7, on the subject of the 
 tariff, may not like changes be effected there by the same 
 means — reason and argument, and appe.als to patriotism on 
 the present vexed question? And who can say that by 
 1S75 or 1890 Massachusetts may not vote with South Caro- 
 lina and Georgia upon all those questions that now distract 
 the country and threaten its peace and existence. I believe 
 in the powerand efficiency of truth, in the omnipotence of 
 truth, and its ultimate triumph when properly wielded. 
 
 Another matter of grievance alluded to by my honorable 
 friend was the Navigation Laws. This policy was also 
 commenced under the Adnu'nistration of one of these 
 Southern Presidents who ruled so well, and has been con- 
 tinued through all of them since. The gentleman's views 
 of the policy of these laws and m}' own do not disagree. 
 We occupied the same ground in relation to them in Con-, 
 gress. It is not my purjjoso to defend them now. But 
 it is proper to state some matters connected with their 
 origin. 
 
 One of the objects was to build np a commTcinl American 
 m-arine by giving American bottom-^ flic cvflu-h-i-' carrying- 
 trade between our own ports. Tlii'ii^;! jriii I : 111 (.f national 
 power. This object was accomplislit-il. \\ ,. Imve now an 
 amount of shipping, not only coastwise, but to foreign 
 countries, which puts us in the front rank of the nations of 
 the world. England can no longer be styled the Mistress of 
 the Seas. What American is not proud of the result? 
 Whether those laws should be continued is another question. 
 But one thing is certain: no President, Northern or South- 
 ern, li.as ever yet recommended their repeal. And my 
 friend's efforts to get them repealed were met with but 
 little favor. Xortli or P^.uth. 
 
 These, tlnii. wcif the true main grievances or grounds 
 of coiiiiilaint au'iiin-t tlie general system of our Government 
 and its WMiidiiuis — T mean the administrati(m of the Federal 
 Government. As to the acts of the Federal States I shall 
 speak presently ; but these three were the main ones used 
 asrainst the common head. Now, suppose it be admitted 
 that all of these are evils in the system; do they over- 
 balance and outweigh the advantages and great good which 
 this same government affords in a thousand innumerable 
 ways that cannot be estimated ? Have we not at the South, 
 as well as the North, grown great, prosperous, and happy 
 under its operations? Has any part of the worlil ever 
 Bhnwn such rapid progi-ess in the development of wealth, 
 and all the material resources of national power and great- 
 ness, as the Southern States have under the General 
 Government, notwithstanding all its defects? 
 
 Mr. Toombs. In spite of it. 
 
 Mr. Stephens. Aly honorable friend says we have. In 
 ppite of the General Government; that without it. I sup))ose 
 he thinks, we might have done as well, or perhaps better, 
 than we have done this in spite of it. That may l)e and it 
 may not be; but the gieat fact that we have grown great 
 ami powerful under the Government as it exists — there is 
 no conjecture or speculation about that : it stands out bold, 
 high, and prominent, like your Stone Mountain, to which 
 the gentleman alluded in illiistrating home facts in his 
 record — this great fact of our unrivalled prosperitv in the 
 Union as it is admitted: whether all this is in spite of the 
 Government — whether we of tbe South would have been 
 better off without the Government — is, to say the least, 
 
 problematical. On the one side we can only put the fact 
 against speculation and conjecture on the other. But even 
 as a question of speculation I differ with my distinguished 
 friend. 
 
 What we would have lost in border wars without the 
 tJnioh, or what we have gained simply by the peace it hag 
 secured, no estimate can be n)ade of Our foreign trade, 
 which is the foundation of all our prosperity, has the protec- 
 tion of the navy, which drove the pirates "from the waters 
 near our coast, where they had been buccaneering for cen- 
 turies before, and might have been still had it not Tieen for 
 the American Navy, under the command of such spirits as 
 Commodore Porter. Now that the coast is clear, that our 
 commerce flows freely outwardly, we can not well-estimate 
 how it would have been under other circumstances. The 
 influence of the Government on us is like that of the at- 
 mosphere around us. Its benefits are so silent and unseen 
 that they are seldom thought of or appreciated. 
 
 We seidom think of the single element of oxygen in the 
 air we breathe, and yet let this simple, unseen and unfelt 
 agent be withdrawn, this life-giving element be taken away 
 from this all-pervading fluid around us, and what instant 
 and appalling changes would take place in all organic 
 creation. 
 
 It may be that we are all that we are in "spite of the 
 General Government," but it may be that without it we 
 should have been fir different from what we are now. It is 
 true there is no equal part of the earth with natural re- 
 sources superior perhaps to ours. That portion of this 
 country known as the Southern States, stretching from the 
 Chesapeake to the Rio Grande, is fully equal to the picture 
 drawn by the honorable and eloquent" Senator last night, in 
 all natural capacities. But how many ages and centuries 
 passed before these capacities were developed to reach this 
 advanced age of civilization? There these same hills, rich 
 in ore, same rivers, same valleys and plains, are as they 
 have been since they came from the hand of the Creator; 
 uneducated and uncivilized man roamed over them for how 
 long no history informs us. 
 
 It "vas only under our institutions that they could be de- 
 veloped. Their development is the result of "the enterprise 
 of our people, under operations of the Government and in- 
 stitutions under which we have lived. Even our people, 
 without these, never would have done it. The organization 
 of society has much to do with the development of the 
 natural resources of any country or any land. The insti- 
 tutions of a people, political and moral, are the matiix in 
 which the germ of their organic structure quickens into 
 life — takes root, and develops in form, nature, and charac- 
 ter. Our institutions constitute the basis, the matrix, from 
 which spring all our characteristics of development and 
 greatness. Look at Greece. There is the same fertile soil, 
 the same blue sky, the same inlets and h.arbors. the same 
 .aigean, the same Olympus ; there is the same land where 
 Homer sung, where Pei'icles spoke; it is in nature the same 
 old Greece — but it is living Greece no more. 
 
 Descendants of the same people inhabit the country ; yet 
 what is the reason of this vast difference? In the midst of 
 present degradation we see the glorious fragments of ancient 
 works of art — temples, with ornaments and inscriptions 
 that excite wonder and admiration — the remains of a once 
 high order of civilization, which have outlived the lan- 
 guage they spoke — u))on them all, Ichabod is written — 
 their glory has departed. Why is this so? I answer, their 
 institutions have been destroyed. . These were but the 
 fruits of theii' forms of government, the matri.x from which 
 their gi-and development sprung; and when once the in- 
 stitutions of a people have been destroyed, there is no 
 eaj-thly power that can bringback the Promethean sp.irk 
 to kindle them here again, any more than in that ancient 
 land of eloquence, poetry, and song. 
 
 The same may be said of Italy. AATiere is Rome, once the 
 mistress of the world? There are the same seven hills 
 now, the same soil, the same natural resources; nature is 
 the same, but what a ruin of human greatness meets the 
 eye of the traveller throughout the length and breadth of 
 that most down-trodden land! Why have not the people 
 of that Heaven-favored clime the spirit that animated their 
 fathers? Why this sad difference? 
 
 It is the destruction of her institutions that has caused it ; 
 and, my countrymen, if we shall in an evil liourrashly p'lll 
 down and destroy those institutions which the patriotic 
 band of our fathers labored so long and so hard to bnild iip, 
 and which have done so much for us and the world, who 
 can venture the prediction that similar results will not en- 
 sue? Let us avoid it if we can. I trust the spirit is among 
 us that will enable us to do it. Let \;s not rasihly tiy the 
 experiment, for. if it fails, as it did in Greece ami Italy, and 
 in the South American Republics, and in every other place 
 wherever liberty is once destroyed, it may never be restored 
 to us again. 
 
 There are defects in our goyernment. errors in adminis- 
 tion, and short-comings of many kinds: but in ejiite of 
 these defects and errors. Georgia has grown to be a gieat 
 State. Let us pause here a moment. In If 50 there was g 
 great crisis, but not so fearful as this ; for, of all I have 
 
SECESSION MOVEMENT DEVELOPED. 
 
 23 
 
 ever passed through, this is the most perilous, and requires 
 to be met with the greatest calmness and deliberation. 
 
 There were many among us in 1850 zealous to go at once 
 out of the Union, to disrupt every tie that binds us together. 
 Now, do you believe, had that policy been carried out at 
 that time, we would have been the same great people that 
 we are to-day ? It may be that we would, but have you 
 any assurance of that fict? Would you have made the 
 same advancement, improvement, and progress in all that 
 constitutes material wealth and prosperity that we have ? 
 
 I notice, in the Comptroller-General's report, that the 
 taxable property of Georgia is $670,000,000 and upward, an 
 amount not fir from double what it was in 1850. I think I 
 may venture to say that fir the la.st ten years the material 
 wealth of the people of Georgia has been nearly if not quite 
 doubled. The same may be said of our advance in educa- 
 tion and every thing that marks our civilization. Have we 
 any assurance that, had we regarded the earnest but mis- 
 guided patriotic advice, as I think, of some of that day, and 
 disrupted the ties which bind us to the Union, we would 
 hive advanced as we have ? I think not. Well, then, let 
 us be careful now before we attempt any rash experiment 
 of this sort. I know that there are friends — whose patri- 
 otism I do not intend to question — who think this Union a 
 curee — and that we would be better off without it. I do 
 not so think, if we can bring about a correction of tho-se 
 evils which threaten — and I am not without hope that this 
 may yet be done. This appeal to go out, with all the pro- 
 visions for good that accompany it, I look upon it as a great 
 and I fear a fatal temptation. 
 
 When I look around and see our prosperity in every thing, 
 agriculture, commerce, art, science, and every department 
 of education, physical and mental, as well as moral advance- 
 ment, and our colleges, I think, in the fiice of such an ex- 
 hibition, if we can, without the loss of power, or any essen- 
 tial right or interest, remain in the Union, it is our "duty to 
 ourselves and to posterity to — let us not too readily yield to 
 this temptation— do so. Our first parents, the great pro- 
 genitors of the human race, were not without a like tempta- 
 tion when in the garden of Kden. They were led to believe 
 that their condition would be bettered — that their eyes 
 would bo opened — and that they would become as gods. 
 They in an evil hour yielded — instead of becoming gods, 
 they only saw their own nakedness. 
 
 I look upon this country ^vith our institutions as the Eden 
 of the woikl, the paradise of the universe. It may be that 
 ont of it we may become greater and more prosperous, but 
 I am candid and sincere in telling you that I fear if we 
 rashly evince passion, and without sufficient cause shall 
 take that step, that instead of becoming greater or more 
 peaceful, prosperous, and happy— instead of becoming gods, 
 we will become demons, and at no distant day commence 
 cutting one another's throats. This is my apprehension. 
 Let us, therefore, whatever we do, meet those difficulties, 
 great as they are, like wise and sensible men. and consider 
 them in the light of all the consequences which may attend 
 our action. Let us see first clearly where the path of duty 
 leads, and then we may not fear to tread therein. 
 
 I come now to the main question put to me, and on which 
 my counsel has been asked. That is, what the present 
 Legislature should do In view of the dangers that threaten 
 us, and the wrongs that have been done us by several of 
 our confederate States in the Union, by the acts of their 
 legislatures nullifying the fugitive slave law, and in direct 
 disregard of their constitutional obligations. What I shall 
 say will not be in the spirit of dictation ; it will be simply 
 my own judgment for what it is worth. It proceeds from 
 a strong conviction that according to it our rights, interests 
 and honor — our present safety and future security — can be 
 maintained without yet looking to the last resort, the 
 '•ultima ratio renum." Tliat should not be looked to until 
 all else fails. That may come. On this p 'int I am hopeful, 
 but not sanguine. But let us use every patriotic effort to 
 prevent it while there is ground for hope. 
 
 If any view that I may present in your judgment bo in- 
 consistent with the best interests of Georgia, I .ask you, as 
 patriots, not to regard it. After hearing me and others 
 whom you have advised with, act in the premises according 
 to your own conviction of duty as patriots. I speak now 
 particularly to the members of the legislature present. 
 There are, as I have said, great dangers ahead. Great dan- 
 gers may come from the election I have spoken of If the 
 policy of Jlr. Lincoln and his Republican associates shall be 
 can-ied out, or attempted to be carried out, no man in 
 Georgia will be more willing or ready than myself to defend 
 our rights, interests and honor, at every hazard and to the 
 last extremity. 
 
 What is this policy? It is. in the first place, to exclude 
 us, by an act of Congress, from the Territories with our 
 slave property. He is for using the power of the General 
 Government against the extension of our institutions. Our 
 position on this point is, and ought to be, at all hazards, for 
 perfect equality between all the States, and the citizens of 
 all the States, in the Territories, under the Constitution of 
 the United States. If Congress Bhould exercise its power 
 
 against this, then I am for standing where Georgia planted 
 herself in 1850. These were plain propositions, which were 
 then laid down in her celebrated platform .as sufficient for 
 the disruption of the Union if the occasion should ever 
 come. On these Georgia has declared that she will go out 
 of the Union; and for these she would be justified by the 
 nations of the earth in so doing. 
 
 I say the same ; I s.aid it then ; I say it now — if Mr. Lin- 
 coln's policy should be carried out. I have told you that I 
 do not think his bare election sufficient cause: but if his 
 policy should be carried out in violation of any of the prin- 
 ciples set forth in the Georgia platform, that would be such 
 an act of aggression which ought to be met as therein prtn 
 vided for. If his policy shall be carried out in repealing 
 or modifying the fugitive slave law so as to weaken its 
 efficacy, Georgia has declared that she will, in the last re- 
 sort, disrupt the ties of the Union — and I say so too. I 
 stand upon the Georgia platform, and upon everj* plank, 
 and say, if these aggressions theiein provided for take 
 place— I say to you and to the peojde of Georgia, keep your 
 powder dry, and let your assailants then have lead, if need 
 be. I would wait for an act of aggression. This is my 
 position. 
 
 Now upon another point, and that the most difficult, and 
 deserving yo\ir most serious consideration, I will speak. 
 That is tliecourse which this State should pursue toAvards 
 those Northern States, which fcy their legislative acts have 
 attempted to nullify the fugitive slave law. I know that 
 in some of these States their acts pretend to be based upon 
 the principles set forth in the case of Prigg against Penn- 
 sylvania. That decision did proclaim the doctrine that the 
 St.ate officers are not bound to carry out the provisions of a 
 law of Congress — that the Federal Government can not im- 
 pose duties upon State officials — that they must execute 
 their own laws by their own officers. And this may be true. 
 But still it is the duty of the States to deliver fugitive slaves, 
 as well as the duty of the General Government to see that it 
 is done. 
 
 Northern States, on entering into the Federal compact, 
 pledged themselves to suiTender such fugitives; and it is in 
 disregard of their obligations that they have passed laws 
 which even tend to hinder or obstruct the fulfilment of 
 that obligation. They have violated their plighted faith 
 what ought we to do in view of this 1 That is the question. 
 What is to be done? By the law of nations you would 
 have a right to demand the carrying out of this article o! 
 agreement, and I do not see that it should be otherwise 
 with respect to the States of this Union; and, in case it be 
 not done, we would, by these principles, have the right tc 
 commit acts of reprisal on these faithless governments, and 
 seize upon their property, or that of their citizens, wherever 
 found. The States of this Union stand upon the same foot- 
 ing with foreign nations in this respect. But, by the law 
 of nations, we are equally bound, before proceeding to 
 violent measures, to set forth our giievances before the 
 offending Government, to give them an opportunity to re- 
 dress the wrong. Has our State yet done this? I think not. 
 
 Suppose it was Great Britain that had violated some 
 compact of agreement with the Gener.al Government, what 
 would be first done? In that case our Minister would be 
 directed, in the first instance, to bring the matter to the 
 attention of that Government, or a Commissioner be sent to 
 that country to open negotiations with her, ask for redress, 
 and it would only be when argument and reason had been 
 exhausted, that we should take the last resort of nations. 
 That would be the course toward a foreign government, and 
 toward a member of this Confederacy I would recommend 
 the same course. 
 
 Let us, therefore, not act hastily in this matter. Let 
 your Committee on the State of the Republic make ont a 
 bill of grievances; let it be sent by the Governor to those 
 fiithless States, and if reason and argument shall be tried 
 in vain — all shall fail to induce them to return to their con- 
 stitutional obligations — I would be for retaliatory measures, 
 such as the Governor has suggested to you. This mode of 
 resistance in the Union is in our power. It might be effect- 
 ual, and, if in the last resort, we would be justified in the 
 eyes of nations, not only in separating from them, but by 
 using force. 
 
 [Some one said the argument was already exhausted.] 
 
 Mr. Stephens continued. Some friend says that the ar- 
 gument is already exhausted. No, my friend, it is not. You 
 have never called the attention of the Legislatures of those 
 States to this subject that I am aware of. Nothing has ever 
 been done before this year. The attention of our own 
 people has been called to this subject lately. 
 
 Now, then, my recommendation to yo\\ would be this : 
 In view of all these questions of difficulty, let a convoTition 
 of the people of Georgia be called, to which they may be 
 all referred. Let the sovereignty of the people speak. 
 Some think that the election of Mr. Linct^ln is cause snffi- 
 cient to dissolve the Union. Some think those other griev- 
 ances are sufficient to dissolve the same, and that the Le- 
 gislature has the power thus to act, and ought thus to act. 
 I have no hesitancy in saying that the Legislature is not the 
 
24 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 proper body to sever our Federal relations, if that necessity 
 pliouUi aiiao. An lionorable and distinguished gentleman, 
 the other night (Mr. T. R. R. Cobb), advised you to take tliis 
 Course — not to wait to hear fiom the cross-roads and 
 gi'ocerifg. I say to you, j-ou have no power bo to act. You 
 imiBt refer this question to the people, and you nui-^t \v;iit 
 to liear from the uicii at the cross-rcade and even tlio 
 groceries; for tlio people in this country, whether at the 
 cross-roads or the groceries, whether iu cottages or palaces, 
 are all equal, and they are the sovereigns in this country. 
 Sovereignty is not iti the Legislature. We, the people, are 
 the sovereigns. I am one of them and have a right tn be 
 heard, and so has any other citizen of the State. You, 
 legislators — 1 speak it respectfully — are but our servints. 
 You are the servants of the people, and not their masleis. 
 Power resides with tlie people in this country. 
 
 The g'-'-ii ,;i:. Ml, < I letween our country and all others, 
 such as ; I !■ ■ !i J l.iTid and Ireland, is, that here tbei-e 
 is popiilir I ■■ ^^llile there sovereignty is exercised 
 
 by kins- :ii, i i , !■ ' r'.:isses. This principle of popular 
 sovcrei^riify. Im'a. v.i- much derided lately, is the founda- 
 tion of our insiiiuiiiiiis. Constitutions are but thechannels 
 through wliirli l]ie p(i]inUir will may be expressed. Our 
 Constitution camo fioin the people. They made it, and 
 they a'.one can riglitfully unmake it. 
 
 Sir. Toojn::^. I am afraid of conventions. 
 
 Mr. Stei'HI-;ns. I am not afraid of any convention legally 
 chosen by tlie people. I know no way to decide great 
 questions ail'eeting fundamental laws except by rojireseuta- 
 tives of the people. The Constitution of the United States 
 was made by the representatives of the people. The Cou- 
 Btitution of the State of Georgia was made by rci'M ■;;:!- 
 tives of the people chosen at the ballot-).. i-." .n' : i it 
 let the question which comes before the jm .■■'.■■ ' . , .; i,i 
 them in the languageof my honorable fiien-l \< li.i ilu: > -.d 
 you last night: Will you submit to abolition rule or 
 resist? 
 
 Mr. TooMiiS. I do not -wish the people to be cheated. 
 
 Mr. Stephen.s. Now, my friends, how are we going to 
 cheat the people by calling on them to elect delegates to a 
 convention to decide all these questions without any dicta- 
 tion or direction? Who proposes to cheat the people by 
 letting them speak their own untrammelled views in the 
 choice of their ablest and best men, to determine upon all 
 these matters involving their peace? 
 
 I think the proposition of my honorable friend had a con- 
 siderable smack of unfairness, not to say cheat. lie wished 
 to have no convention, but for the Legislature to submit 
 their vote to the people — submission to abolition rule or 
 resistance ? Now who, iu Georgia, would vote '■ submis- 
 sion to aboliticm rule ?" 
 
 Is putting such a question to the people to vote on a fair 
 way of getting an expression of the popular will on all 
 these questions? I think not. Now, who in Georgia is 
 going to submit to abolition rule? 
 
 Mr. ToOMiiS. The convention will.- 
 
 Mr. Stephens. No, my friend. Georgia will never do it. 
 The convention will never secede from the Georgia Plat- 
 firm. Under that there can be no abolition rule in the 
 General Government. I am not afraid to trust the people 
 n upon this and all questions. Besides, the 
 f'li- such a purpose. They 
 
 Legislature werr 
 came here to d'l t 
 to support the Ci 
 not come here to 
 fur submitting a 
 
 Gators. They have sworn 
 United States. They did 
 ernment. I am therefore 
 IS to a convention of the 
 
 ;>cople. Submit the question to the people, whether they 
 would submit to an abolition rule or resist, and then let the 
 Legislature act upon that vote? Such a course would be 
 an insult to the people. They would have to eat their 
 ;il iM'h 111. i-i; iie tlieir past history, blot out their records, 
 aii.l tilii- ^rrps liackward, if they should do this. I have 
 never i:ii.n iiiv leeord or words, and never will. 
 
 Butliow uill it be Milder this arraui,'ement if they should 
 vote to ve.-i-i, iiii.l ilie l.i'^rislature should reassemble with 
 this vote ;,< i!ii ii- iii-tiiieliou ? Can any man tell what 
 sort of revisi;inie will be meant? One man would say 
 secede; another pass retaliatory measures; these are 
 measures of resistance against wrontr — legitimate aud 
 right — and theie would be as many different idea.s as there 
 are members on this floor. Resistance don't mean seces- 
 sion — that, iu uo proper sense of the term, is resistance. 
 Believing that the times require action, I ara for present- 
 ing the question fairly to the people, for calling together 
 iin untrammelled convention, and presenting all the ques- 
 tions to them whether they will go out of the Union, or 
 ■what course of resistance in the Union they may think 
 best, aud then let the Legislature act, when the people in 
 tlieir majesty are heard ; and I tell you now, whatever 
 that Couveutiou does, I hope and trust our people will 
 abide by. I advise the calling of a convention with the 
 earnest desire to preserve the peace aud harmony of the 
 State. I should dislike, above all things, to see violent 
 measures adopted, or a disposition to take the sword in 
 hand, by individuals, wilhoirt the authority of law. 
 
 My honorable friend said last night : " I ask you to give 
 me the sword, for if you do not give it to me, as God lives, 
 I will take it mv.st.lt'." 
 
 Mr. Toombs. 'I will. 
 
 Mr. Stephkns. I have no doubt that my honorable 
 friend feels as he says. It is only his excessive ardor that 
 makes him use such an e.xpressiou; but this will pass 
 otf with the excitement of the hour. When the people in 
 their majesty shall speak, I have no doubt that he will 
 bow to their will, whatever it may be, upon the "sober 
 second thought." 
 
 Should Georgia determine to go out of the Union — I 
 speak for oue, though my views might not agree with 
 them — whatever the resnlt may be, I shall bow to the 
 will of her people. Their canse is my canse, and theiv 
 destiny is my destiny ; and I trust this will be the ulti- 
 mate course of all. The greatest curse that cau bel'ali a 
 free people is civil war. 
 
 But, as I said, let us call a convention of the people ; 
 let all these matters be submitted to it, and when the will 
 of a majority of the people has thus been expressed, lli« 
 whole State will present one unanimous voice in favor of 
 whatever may be demanded ; for 1 believe in the power 
 of the people to goyeru themselves, wheii wisdom prevails 
 and pas.sion is silent. 
 
 Look at what has already been done by them for their 
 advancement iu all that ennobles man. There is nothing 
 like it in the history of the world. Look abroad from one 
 extent of the country to the other — contemplate our great- 
 ness. We are now among the first nations of the earth. 
 Shall it be said, then, that our institutions, founded upon 
 principles of self-government, are a failure? 
 
 Thus far it is a noble example, worthy of imitation. 
 The gentleman, Mr. Cobb, the other night said it had 
 proven a failure. A failure in what ? Ingrowth? Look 
 at our expanse in national power. Look at our population 
 and increase in all that makes a people great. A failure? 
 Wliy, we are the admiration of the civilized world, and 
 piesent the brightest hopes of mankind. 
 
 Some of our public men have failed in their aspirations ; 
 that is true, aud from that comes a great part of our 
 troubles. 
 
 No, there is no failure of this Government yet. We 
 have made great advancement under the Constitution, 
 and I cannot but hope that we shall advance higher still. 
 Let us be true to our cause. 
 
 Now, when this convention assembles, if it shall be 
 called, as I hope it may, I would say in my judgment, 
 without diclMtioD, for I am conferring with you freely 
 aud frankly, aud it is thus that I give my views, I should 
 lake into consideration all those questions whicli distract 
 the public mind ; should view all the grounds of secession 
 so far as the election of Mr. Lincoln is concerned, and I 
 have no doubt they would say that the constitutional 
 election of no man is a sufficient canse to break up the 
 X'uion, but that the Slate should wait until he at least 
 does some unconstitutional act. 
 
 Mr. Toombs. Commit some overt act. 
 
 Mr. Stephe.ns. No, I did not say that. The word overt 
 is a sort of technical term connected with treason, which 
 has come to us from tlie mother country, and it means an 
 open act of rebellion. I do not see how Mr. Lincoln cau 
 do this unless he should levy war upon us. I do not, 
 therefore, use the word overt. I do not intend to wait for 
 that. But I use the word.s unconstitutional act, which 
 our people uuderstand much better, and which expresses 
 just what I mean. But as long as he conforms to the 
 Constitution, he should be left to exercise the duties of his 
 office. 
 
 In giving this advice I am but sustaining the Constitu- 
 tion of my country, and I do not thereby become a Lincoln 
 aid man either but a Constitutional aid man. But this 
 matter the Convention can determine. 
 
 As to the other matter, 1 think we have a rieht to pass 
 retaliatory measures, provided they be in accordance with 
 the Constitution of the United States, and I think they cau 
 be made such. But whether it would be wise for this 
 Legislature to do this now is the question. To the Con- 
 vention, in my judgment, this matter ought to be referred. 
 Before we commit reprisals on New England we should 
 exhaust every means of bringing about a peaceful solution 
 of the question. 
 
 Thus did General Jackson in the case of the Trench. 
 He did not recommend reprisals until he had treated with 
 France, and got her to promise to make indemnification, 
 aud it was only on her refusal to pay the money which 
 she had promised that he recommended reprisals. It was 
 after negotiation had failed. I do think, therefore, that 
 il would be best, before going to extreme measures with 
 our Confederate States, to make a presentation of our de- 
 mands, to appeal to their reason and judgment to give us 
 our rights. Then, if reason should not triumph, it will 
 be time enough to commit reprisals, and we should be 
 i Justified in the eyes of a civilized world. At least, let 
 
SECESSION MOVEMENT DEVELOPED. 
 
 25 
 
 the States kuow -what your grievances are, and if they 
 refuse, a.« I said, togive'usour rights under the Constil^u- 
 liuQ of our country, I should be willing, as a last resort, 
 to sever the ties of this Uaion. 
 
 My own opinion is, that if this course be pursued, and 
 they" are informed of the consequences of refusal, these 
 Slates will secede ; but if they should not, then let the 
 cousequences be with them, and let the responsibility of 
 tlie cousequences rest upon them. Another thing I would 
 have that Convention to do. Keaffirm the Georgia plat- 
 form with an additional plank in it. Let that plank be the 
 fulfilment of the obligation on the pan of those States to 
 repeal these obnoxious laws as a condition of our remain- 
 ing in the Union. Give them time to consider it, and I 
 would ask all States South to do the same thing. 
 
 1 am for exhausting all that patriotism can demand be- 
 fore taking the last step. 1 would invite, therefore. South 
 Carolina to a conference. I would ask the same of all the 
 other Southern States, so that if the evil has got beyond 
 our control, which God, iu his mercy, grant may not be 
 the case let us not be divided among ourselves, but, if 
 possible, secure the united co-operation of all the Southeru 
 Slates; and then, iu the face of the civilized world, we 
 may justify our action ; and, with the wrong all on the 
 other side, we can appeal to the God of battles to aid us 
 iu our cause. But let us nr)t do any thing in which any 
 portion of our people may charge us with rash or hasty 
 action. It is certainly a matter of great importance to 
 tear this Government asunder. You were not sent here 
 for that purpose. I would wish the whole South to be 
 niiited if this is to be done; and I believe>if we pursue 
 the policy which I have indicated, this can be effected. 
 
 In this way our sister Southern States can be induced 
 to act with u.s, aud I have but little doubt that the States 
 of New York, aud Pennsylvania, and Ohio, and the other 
 Western States, will compel their Legislatures to recede 
 from their hostile attitudes if the others do not. Then 
 with these we would go on without New England if she 
 chose to stay out. 
 
 [A Voice iu the assembly. "We will kick them out."] 
 
 Mr. Stephijns. I would not kick them out. But if 
 they. chose to stay out, they might. X think, moi'eover, 
 that these Northern States, being principally engaged in 
 in;uiuf;ictures, would find thattliey had as much interest 
 iu tlie Union under the Constiiution as we, and that they 
 would return to their constitutional duty — this would be 
 my hope. If they should not. and if the Middle States 
 and Western States do not join us, we -should at least have 
 an uudivi.ded South I am, as you clearly perceive, for 
 ■ niiintiiuing the Union as it is, if possible. I will exhaust 
 every means thus to maintain it with, an equality in it. 
 My pi-inciples are these: 
 
 Fir-'t, the maintenance of the honor, the rights, the 
 equality, the security, and the glory of my native State 
 iu the Uuion; but if these cannot be maintained in the 
 Union, then I am for their mafntenance, at all hazards, out 
 of it. Next to the houor and glory of Georgia, the land 
 of my birth, I hold the honor and" glory of our common 
 country. In Savannah I was made to say, by the report- 
 er< — who very often make me .say things which I never 
 did say— that I was first for the glory of the whole conn- 
 try, and next for that of Georgia. 
 
 I said the exact reverse of this. I am proud of her his- 
 tory, of her present standing. I am proud even of her 
 motto, which I would have duly respected at the present 
 time by all her sons — Wisdom, Justice, and Moderation. 
 1 would have her rights and that of the Southern States 
 maintained now upon^these principles. Her position now 
 is just what it was in IS.JO, with respect to the Southern 
 States. Her platform then has been adopted by most, if 
 not all, the other Southeru States. Now I would add but 
 one additioual plauk to that platform, which I have stated, 
 aud one which time has shown to be necessary. 
 
 If all this fails, we shall at least have the satisfaction 
 of knowing that we have done our duty aud all that pa- 
 triotism could require. 
 
 From Mr. Stephkxs's speech in the State 
 Convention of Georgia : 
 
 This step fof secession) once taken, can never be recalled; 
 and all the baleful and withering consequences that must 
 f dlow, will rest on the convention for all coming time. 
 When we and our posterity shall see our lovely South 
 desolated by the demon of war, which this act op yours 
 
 WILL INKVITABLY INVITE AND CALL FORTH ; WheU Our 
 
 green field.s of waving harvest shall be trodden down by 
 the murderous soldiery and fiery car of war sweeping 
 over our land ; our temples of justice laid iu ashes ; all 
 the horrors aud desolations of war upon us ; WHO Birr 
 
 THIS CO.NVENTIO.V WILL BE HRLD RESPONSIULR FOR TT ? 
 
 and who but him who shall have given his vote for this 
 nnwise aud ill-timed measure, as I honestly think and 
 believe, shall be held to snticx ACcoD.vr for this 
 
 StriCIDAL ACT BY THE PRESE.VT OE.VERATION, AND PROBABLY 
 CURSED AND EXECRATED BY POSTERITY FOR ALL COMINI* 
 
 T1.ME, for the wide aud desolating ruin that will inevi- 
 tably follow this act you now propose to perpetrate ? 
 Pause, I entreat you, and consider for a moment what 
 reasons you can give that will even satisfy yourselves in 
 calmer moments — what reasons you can give to your 
 fellow-sufferers in the calamity that it will bring upou 
 us. What reasons can you "give to the nations of 
 THE EARTH TO JUSTIFY IT? They Will be the caUu aud 
 deliberate judges in the case; and what cause or one 
 overt act can you name or point, on which to rest the 
 plea of justilication? What right h.as the North 
 ASSAILED ? What interest of the South hasbeeu invaded? 
 What justice has been denied? and what claim fouud'^d 
 iu justice and right has been withheld ? Cau either of 
 you to-day name one governmental act of wrong, deliber- 
 ately and purposely done by the government of Wash- 
 ington, of which the South has a right to comjilaiu? I 
 challenge the answer. While, on the other hand, let me 
 show tlie facts (aud believe me, gentlemeu, I am not here 
 the advocate of the North ; but I am here the friend, the 
 firm friend, and lover of the South and her institutions, 
 and for this reason I speak thus plainly aud faithfully 
 for yours, mine, and every other man's interest, the 
 words of trnth and soberness), of which I wish you to 
 judge, and I will only state facts which are clear aud 
 undeniable, and which now stand as records authentic iu 
 the history of our country. When we of the South 
 demanded the slave-trade, or the importation of Africans 
 for the cultivation of our lands, did they not yield the 
 right for twenty years? When we asked a three-tiULs 
 representation in Congress for our slaves, wa^ it not 
 granted? When we asked and demanded the ii-nirn of 
 any fugitive from justice, or the recovery of those peisou8 
 owing labor or allegiance, was it not incorporated in the 
 Constitutiou, and again ratified and strengthened by the 
 Fugitive Slave Law of 1S50? But do you reply th'at it 
 many instances they have violated this compact, and 
 have not been faithful to their engagements? As indi- 
 vidual and local communities, they may have done so ; 
 but not by the sanction of Government ; for that has 
 always been true to Southern interests. Again, gentle- 
 men, look at another act: when we have asked that more 
 territory should be added, that we might spread the 
 institution of slavery, have they not yielded to our 
 demands in giving us Louisiana, Florida and Texas, out 
 of which four States have been carved, and ample 
 territory for four more to be added in due time, if you by 
 this unwise and impolitic act do not destroy this hope, 
 and. perhaps, by it lose all, and have your last slave 
 wrenched from you by stern military rule, as South 
 America and Mexico were ; or hy the vindictive decree, of 
 a vniversal emnnoipation, which may reasonably be 
 eTpp-rted to follow ? 
 
 But, again, gentlemen, what ha^e we to gain by this 
 proposed change of our relation to the General Govern- 
 ment? We have always had the control of it, and can 
 yet, if we remain in it, aud are as united as we have 
 iieen. We have had a majority of the Presidents chosen 
 from the South ; as well as the control and management 
 of most of those chosen from the North. We have had 
 sixty years of Southern Presidents to their twenty-four, 
 thus controlling the Executive department. So of the 
 Judges of the Supreme Court, we have liad eighteen from 
 the South, and but eleven from the North; although 
 nearly four-fifths of the judicial business has aii-.^n iu 
 the Free States, yet a majority of the Court has m ways 
 been from the South. This we have required so as to 
 guard against any Interpretation of the Constitution 
 unfavorable to ns. In like manner we have been equally 
 watchful to guard our interests in the Legislative branch 
 of Government. In choosing the presiding Pi-esidents 
 i'pro tern.) of the Senate, we have had twenty-four to their 
 eleven. Speakers of the House, we have liad twenty- 
 three, and they twelve. While the majority of the 
 Represeutatii-es, from their greater population, Imve 
 always been from the North, yet we have so generally 
 secured the Speaker, because he, to a great extent, shapea 
 and controls the legislation of the country. Nor have w« 
 had less control in'every other department of the General 
 Government. Attorney-Generals we have had fourteen, 
 while the North have had but five. Foreign ministers 
 we have had eighty-six, and they but fifty-four. While 
 three-fourths of the business which demands diplomatic 
 agents abroad is clearly from the Free States, from their 
 greater commercial interests, yet we liavi' bad the prin- 
 cipal embassies so as to secure the world-markets for our 
 cotton, tobacco, and sugar on the best possible terms. 
 We have had a vast majority of the higher ofiices of both 
 army and navy, while a larger proportion of the soldiers 
 and sailors were drawn from the North. Equally so of 
 Clerks, Auditors, and Comptrollers filling the. Executive 
 department, the records show for the last fifty years that 
 
26 
 
 SECESSION MOVEMENT DEVELOPED, 
 
 of'the three thonsand thus employed, -we have had more 
 thaa two-thirds of the same, while we have but oae-third 
 of the white populatiou of the Republic. 
 
 Agaiu, look at another item, aud one, be assured, in 
 vhich we have a great and vital interest ; it is that of 
 revenue, or means of supporting Government. From 
 official documents, we learn that a fraction over three- 
 fourths of the revenue collected for the support of Gov- 
 ernment has uniformly been raised from the North. 
 
 Pause now while you can, gentlemen, and contemplate 
 carefully aud candidly these important items. Look at 
 another necessary branch of Government, and learn from 
 stern statistical facts how matters stand in that depart- 
 ment. I mean the mail and Post-Olfice privileges that 
 we now enjoy under the General Government as it has 
 been for years past. The expense for the ti;^nspiirtation 
 of the mail in the Free States was, by the report of tiie 
 Postmaster-General for the year 1S60, a little over 
 $13,000,000, while the income was $19,000,000. But in 
 the Slave States the transportation of the mail was 
 $14,716,000, while the revenue from the same was 
 $8,001,026, leaving a deficit of $6,704,974, to he .supplied 
 bv the North for our accoramodatiou, and without it we 
 must have been entirely cut off from this most essential 
 branch of Government. 
 
 Leaving out of view, for the present, the countless 
 millions of dollars you must expend in a war with the 
 North ; with tens of tbousauds of your sons and brothers 
 slain in battle, and offered up as sacrifices upon the altar 
 of your ambition — and for what, we ask again ? Is it for 
 the overthrow of the American Government, established 
 by our common ancestry, cemented and built up by their 
 sweat and blood, and founded on the broad principles of 
 Right, Justice and Humanity? ' And, as such, I must 
 declare here, as I have often done before, and wliich has 
 been repeated by the greatest and wisest of siafesmeii 
 and patriots in this and other lands, that it is the best 
 and freest Government — the most equal in its rights, the 
 most j nst in its decisions, the most lenient in its measures, 
 and the most aspiring in its principles to elevate the race 
 of men, that the sun of heaven ever shone upon. Now, for 
 you to attempt to overthrow such a Government as this, 
 under which we have lived for more than three-quarters 
 of a century — in which we have gained our wealth, our 
 standing as a nation, our domestic safety while the 
 elements of peril are around us, witli peace and tran- 
 quillity accompanied with unbounded prosperity and 
 rights unassailed — is the height nf madness, folly, and 
 Wickedness, to which I can neither lend my sanction 
 nor my vote. 
 
 In strong contrast with the doleful nar- 
 rative of the South Carolina Secessionists, 
 are the followins: extracts touching - the 
 point of the security and prosperity of the 
 Slave system : 
 
 From the speech of Hon. James H. 
 Hammond, U. S. Senator from South Caro- 
 lina, delivered at Barnwell Court House, 
 October 27, 1858. 
 
 From the time that the wise and good Las Casas first 
 introduced into America the institution of African slavery 
 ^I say institution, because it is the oldest that exists, 
 and will, I believe, survive all others that now flourish — 
 it has had its enemies. For a long while they were 
 chiefly men of peculiar and eccentric religious notions. 
 Their first practical and political success arose from the 
 convulsions of the French revolution, which lost to that 
 empire its best colony. Next came the prohibition of 
 the slave-trade, the excitement of the Missouri compro- 
 mise in this country, and then the deliberate emancipa- 
 tion of the slaves iu their colonies by the British Gov- 
 ernment in 18.33-'34. About the time of the passage of 
 that act the abolition agitation was revived again in 
 Jhis Country, and Abolition societies were formed. I re- 
 member the time well, and some of you do also. 
 
 And what theu was the state of opinion in the South ? 
 Washington had emancipated his slaves. Jefferson had 
 bitterly denounced the system, and had done all that he 
 could to destroy it. Our Clays, Marshalls, Crawfords, 
 and many other prominent Southern men, had led off in 
 the colonization scheme. The inevitable effect iu the 
 South was that she believed slavery to bo an evil — weak- 
 ness — disgracei'ul — nay, a sin. She shrunk from the 
 discussion of it. She cowered under every threat. She 
 attempted to apologize, to excuse herself under the plea — 
 which was true — that England had forced upon her: and 
 in fear and trembling she awaited a doom that she deemed 
 inevitable. But a few bold spirits took the question 
 up : they compelled the South to investigate it anew aud 
 
 thoroughly, and what is the result? Why it would be 
 difficult to find now a Southern man who feels the 
 system to be theslightestburdenonhisconscier.ee; who 
 does not, in fact, rei;ard it as an equal advantage to the 
 master and the slave elevating both, as wealth, strength , 
 and power, and as one of the main pillars and control- 
 ling influences of modern civilization, and who is not now 
 prepared to maintain it at every hazard. Such have been 
 for us the happy results of this abolition discussion. 
 So far our gain has been immense from this contest, 
 savage and malignant as it has been. Nay, we have 
 solved already the question of emancipation by this re-ex- 
 amination and exposition of the false theories of religion, 
 philanthropy, aud political economy which embarrassed 
 our fathers in their day. 
 
 With our convictions and our strength, emancipation 
 here is simply an impossibility to man, whether by per- 
 suasion, purchase, or coercion. The rock of Gibraltar 
 does not stand so firm on its basis as our slave system. 
 For a quarter of a century it has borne ^/»e brunt nf a 
 hurricane as fierce a7td pitiless as ev.r raged. At the 
 North and in Europe they cried "havoc," and let loo.se 
 upon us all the dogs of war. And how stands it now? 
 Why, in this very quarter of a century orir slaves have 
 doubled in numbers and each slave has more than 
 doubled in value. The verv negro who as a prime 
 laborer would have brought ■•*400 in 1828, would now, 
 with thirty more years upon him, sell for 4S00. What 
 does all this mean? Why, that we ourselves have 
 settled this question of emancipatoin against all the 
 World, in theory aud in practice, aud the world must 
 accept our solution. 
 
 From the carefully-prepared speech of 
 Hon. Alex. H. Stephens of Georgia, in 
 July, 1859, after his retirement from Con- 
 gress, and in review of his political course : 
 
 Nor am I of the number of those who believe that 
 we have sustained any injury by those agitations. It is 
 true, we were not responsible for them. We were not the 
 aggressors. We acted on the defensive. We repelled as- 
 sault, calumny, and aspersion, by argument, by reason 
 and truth. But so far from the institution of African 
 slavery in our section being weakened or rendered le.ss 
 secure by the disoussiou, my deliberate Judgment is, that 
 it has been greatly strengthened and fortified — strengtb- 
 ened and fortified not only to the opinions, convictions, 
 and consciences of men, bxlt hy the action of the Govern- 
 ment. 
 
 From the Charlottesville (Va.) speech of 
 Hon. Robert M. T. Hunter. U. S. Senator 
 from Virginia, at tlie Breckinridge Demo- 
 cratic State Convention, 18G0 : 
 
 When I first entered the Federal councils, which was 
 at the commencement of Mr. Van Buren's administration, 
 the moral and political status of the slavery question was 
 very different from what it now is. Then the Southern 
 meu themselves, with but few exceptions, admitted sla- 
 very to be a moral evil, and palliated and excused it upon 
 the plea of necessity. Then there were few men of any 
 party to be found in the non-slaveholding States who did 
 not maintain both the constitutionality and expediency of 
 the anti-slavery resolution, now generally known as"the 
 Wllmot Proviso. Had any man at4hat day ventured the 
 prediction that the Missouri restriction would ever be re- 
 pealed, he would have been deemed a visionary and the- 
 orist of the wildest sort. What a revolution have we not 
 witnessed in all this I The discussion and the contest on 
 the slavery question have gone on ever since, so as to ab- 
 sorb almost entirely the American mind. In many re- 
 spects the results of that discussion have not been adverse 
 to us. Southern men no longer occujiy a dej)recatory at- 
 titude upon the question of negro slavery in this country. 
 While they by no means pretend that slavery is a good 
 condition of thing.s, under any circumstances and in all 
 countries, they do maintain that, under the relations that 
 the two races stand to each other here, it is best for both 
 that the inferior should be subjected to the superior. The 
 same opinion is extending even to the North, where it is 
 entertained by many, although not generally accepted. 
 As evidence, too, of the growing change on this subject 
 of the public sentiment of the world, I may refer to the 
 course of France and Great Britain in regard to the coolie 
 and the African apprenticeship system introduced into 
 their colonies. That they are thus running the slave- 
 trade iu another form is rarely denied. It is not to be 
 supposed that these Governments are blind to the real na- 
 ture of this coolie-trade ; and the arguments by which 
 they defend it already afford an evidence of a growing 
 change in their opinions upon slavery in general. 
 
SECESSION MOVEMEXT DEVELOPED. 
 
 27 
 
 From the appeal for recosrnition, made to 
 Earl Russell, by Wm. L. Yancey, P. A. 
 RosT and A. Dudley Mann, Rebel Commis- 
 sioners, dated: 
 
 No. 15 Half Moon Street, London, August 14tli, 1S61. 
 
 It was from no fear that the Slaves would be liberated 
 that secession took place. The very party in poicer has 
 proposed to guarantee slrmery forever in the States, if the 
 SoxUh would but remain in the Union. Mr. Lincoln's mes- 
 sasre pivposps no freedom to the slave, but announces sub- 
 iectiiin nf his owner to the will of the Union, in other 
 word-i to the will of the North. Even after the battle of 
 Bull Run, both branches of the Congress at Washington 
 passed resolutions that the war is only waged in order to 
 uphold that (Pro-Slavery) Constitution, and to enforce 
 •(he laws (many of them Pro-Slavery), and out of 172 
 votes in the lower House they received all but two, and 
 in the Senate all but one vote. As the army commenced 
 its march, the commanding-general issued an order that 
 no slaves should be received into, or allowed to follow, 
 the camp. 
 
 The great object of the war, therefore, as now officially 
 announced, is not to free the slave, but to keep bira in 
 subjection to his owner, and to cmtrol his labor through 
 the legislative channels which the Lincoln Government 
 designs to force upon the master. The undersigned, there- 
 fore, submit with confidence that as far as the anti-slavery 
 sentiment of England is concerned, it can have no sympa- 
 thy with the North ; nay, it will probably become disgusted 
 with a canting hypocrisy which would enlist those sym- 
 pathies on false pretences. The undersigned are, however, 
 not insensible to the surmise that the Lincoln Government 
 may, under stress of circumstances, change its policy, a 
 policy based at pre.sent more upon a wily view of what 
 is to he its effect in rearing up an element in the Confed- 
 erate States favorable to the reconstruction of the Union 
 than upon any honest desire to uphold a Constitution, the 
 main provisions of which it has most shamelessly violated. 
 But they confidently submit to your Lordship's consider- 
 ation that success in producing so abrupt and violent a 
 destruction of a system of labor which has reared up so 
 vast a C'inimerce between America and the great States of 
 Europe, which, it is supposed, now gives bread to 10.000.000 
 of the population of those States, which, it may be safely 
 assumed, is intimately blended with the basis of the great 
 manufacturing and navigating prosperity that distin- 
 guishes the age, and probably not the least of the elements 
 of this prosperity, would be visited with results disastrous 
 to the world, as well as to the master and slave. 
 
 These Commissioners made a verbal state- 
 ment to Earl Russell, May 4th, 1861, as ap- 
 pears from the despatch of the Earl to Lord 
 Lyons : 
 
 Foreign Office. May 11th, 1S61. 
 
 2iry Lord .-—On Saturday last 1 received at my house 
 Mr. Yancey, Mr. Mann, and Jaidge Rost, the three gentle- 
 men dpi)\ited by the Southern Confederacy to obtain their 
 recognition as an independent State. 
 
 One of these gentlemen, speaking for the others, dilated 
 on the causes which had induced the Southern States to 
 secede from the Northern. The principal of these cans s, 
 he .?aid. was not slavery, hut the very high price which, 
 for the S"lce of protecting the Northern mnnufarturers. 
 tlie South toere obliged to pay for the mivttfantrtred goods 
 which they required. One of the first acts of the Southern 
 Congress was to reduce these duties, and to prove their 
 sincerity he gave as an instance that Louisiana had given 
 up altogether that protection on her sugar which sheen- 
 joyed by the legislation of the United States. As a proof' 
 of tlie riches of the South, he stated that of .^irjO.OOO.OOO 
 of expnit-< of produce to foreign countries, $270,000,000 
 were furuished by the Southern States. 
 
 I said that I could hold no official communication with 
 the delegates of the Southern States. That, however, 
 wlii-n the qiieslion of recognition came to be formally dis- 
 cu-'sed. tliere were two points upon which inquiry must 
 be miiib' — first, whether the body seeking recognition could 
 piaiiitain its position as an independent State; secondly, 
 in what manner it was proposed to maintain relations 
 with foreign States. 
 
 After speaking at some length on thefirst of these points 
 and alluding to the news of the secession of Virginia and 
 other iiuellisrence favorable to their cause, these gentle- 
 men called my attention to the article in their constitution 
 prohibiting the slave-trade. I said tliat it was alle.-ed 
 very currently that if the Slave States found that thev 
 could not compete successfullv with the cotton of othe'r 
 countries they would revive the slave-trade for the pur- 
 pose of diminishing the cost of production. They said 
 
 this was a suspicion unsupported by any proof. The fact 
 was, that they had prohibited the slave-trade, and did not 
 mean to revive it. They pointed to the new tariff of tha 
 United States as a proof that British manufacturers would 
 be nearly excluded from the North, and freely admitted 
 in the South. Other observations were made, but not of 
 very great importance. 
 
 The delegates concluded by stating that they should re- 
 main in London for the present, in the hope that the recog- 
 nition of the Southern Confederacy would not be long 
 delayed. I am, etc., J. Kussell. 
 
 To all these arguments and sugfrestions, 
 the Earl was deaf, and the Confederate States 
 of America are still unrecoanized 
 
 Seizures and Surrenders, From No- 
 vember 4, 1860, to March 4, 1861. 
 
 SOUTH CAROLINA. 
 
 December 27th, 1800. Fort Moultrie and 
 Castle Pinckney, light-house tender and 
 schooner William Aiken, surrendered by 
 Captain Coste of South Carolina. 
 
 31st. U. S. Arsenal, Post-0 fSce, and Cus- 
 tom-House in Charleston ; arsenal contain- 
 ing seventy thousand stand of arms, and 
 other stores. 
 
 January 9th, 1861. Steamer Marion at 
 Charleston. Star of the West fired upon. 
 
 April 13th. Fort Sumter surrendered. 
 GEORGIA. 
 
 January 2d, 1861. Forts Pulaski and 
 Jackson and United States Arsenal, by State 
 troops, under advice from Georgia members 
 of Congress. 
 
 24th. Arsenal at Augusta, containing two 
 12-pound howitzers, two caimon, 22,000 
 muskets and rifles, and large stores of pow- 
 der, balls, grape, etc. U.^ S. steamer Ida 
 seized. 
 
 February 8th. Brig W. R, Kibby, and 
 four other New York vessels, estimated at 
 .$50,000, seized by order of th*- governor of 
 Georgia, to be held until certain guns on 
 board the Monticello, seized by the police 
 of New York, shall be delivered to the agents 
 of Georgia. Collector of the port of Sa- 
 vannah ordered by the Governor of Geor- 
 gia to retain all moneys from customs in 
 his possession, and make no payment on 
 account of the Federal Government. 
 
 21st. Three New York vessels seized at 
 Savannah by order of the Governor. 
 
 FLORIDA. 
 
 January 12th, 1861. The Navy Yard, and 
 Forts Barrancas and McRae, taken by Flori- 
 da and Alabama troops. Jan. 7, Fort ALarion 
 and the arsenal at St. Augustine. The Chat- 
 tahoochee arsenal taken, containing .500.0* lO 
 rounds of musket cartridges, 300,000 rifle 
 cartridges, and 50,000 pounds of gunpowder, 
 but no arms. Coast survey schooner F. W. 
 Dana seized. 
 
 ALABAMA. 
 
 January 4th, 1861. Fort Morgan seized 
 by Mobile troops, containing about 5,000 
 shot and shell. Also Mt. Vernon Arsenal, 
 containing 20,000 stand of arms, 1,5()'> 
 barrels of powder, (150,000 pounds), some 
 pieces of cannon, and large amount of mu- 
 
28 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 nitions oi war. Captain Morrison, of the 
 revenue cutter Lewis Cass, surrendered liis 
 vessel on the demand of tlie collector of 
 Mobile, and subsequently took command of 
 it under authority of the State. 
 
 MISSISSIPPI. 
 January 20th, 18(51. Fort at Ship Island 
 seized, and the U. S. Hospital on the Mis- 
 sissippi river. 
 
 LOUISiANA. 
 
 January 11th, 18G1. Forts Jackson and 
 St. Philip, on the Mississippi, and Fort Pike, 
 on Lake Pontchartrain, and the arsenal at 
 Baton Kouge, seized by State troops. The 
 arsenal contained 50,000 small arms, 4 how- 
 itzers, 20 heavy pieces of ordnance, 2 bat- 
 teries, 300 barrels of poAvder, etc. Also, U. 
 S. hospital at New Orleans. 
 
 12 th. The entire armament of the revenue 
 cutter Lewis Cass stored at Bellville Iron 
 Works. 
 
 28th. All quartermasters' and commissary 
 stores in possession of U. S. officials. Reve- 
 nue cutter McClelland surrendered by Cap- 
 tain Breshwood. 
 
 February 1st. Mint and Custom-House 
 containing' $599,303 in gold and silver. 
 
 TEXAS. 
 
 January 10th, 1861. U. S. guns and stores 
 seized on steamship Texas by Galveston 
 troops. 
 
 February 20th. Forts Chadbourne and 
 Belknap seized by Texans, with all the prop- 
 erty of the Overland Mail Company. 
 
 25th. General Twiggs surrendered all Gov. 
 ernment stores in his command, after hear- 
 ing that he had been superseded in command 
 by Colonel Waite. The stores estimated 
 at .$1,300,000 > value, consisting of $55,000 
 in specie, 35.000 stand of arms, 26 pieces of 
 moiuited artillery, 44 dismounted, ammuni- 
 tion, horses, wagons, forage, etc. 
 
 March 2d. Revenue cutter Dodge seized 
 by Texas authorities, in Galveston bay. 
 
 6th. Fort Brown surrendered. 
 
 ARKANSAS. 
 
 February 8th, 1861. Arsenal at Litttle 
 Rock seized, containing 9,000 small arms, 40 
 cannon, and quantities of ammunition, etc. 
 
 NORTH CAROLINA.' 
 JaniTary 8th, 18G1. Forts Johnson and 
 Caswell seized by the State militia. Gov- 
 ernor Ellis ordered them to be surrendered to 
 "-.he United States authorities, with an inti- 
 mation to the President that if any attempt 
 should be made to reinforce them, they 
 would be again seized and held by the State. 
 
 Governor Letcher of Virginia, in his an- 
 nual message of December 31st, 1861, thus 
 alluded to Fortress Monroe : 
 
 "It is to be regretted that Fortress 
 Monroe is not in our possession ; that it was 
 not as easily captured as the Navy Yard 
 and Harper's Ferry. As far back as the 
 
 8th of January last, I consulted with a 
 gentleman whose position enabled him to 
 know the strength of that, fortress, and 
 whose experience in military matters cn- 
 al)led him to form an opinion as to the 
 number of men that would be required to 
 capture it. He represented it to be one of 
 the strongest fortifications in the world, and 
 expressed his doubts whether it could be 
 taken, unless assailed by water as well as by 
 land, and simultaneously. He stated, em- 
 phatically and distinctly, that with the force 
 then in the fortress, it would be useless to 
 attempt its capture without a large force 
 thoroughly equipped and well ap])ointed. 
 At no'time previous to the secession ot 
 Virginia had we a military organization 
 sufficient to justify an attempt to take it, 
 and events shico that occurrence demon- 
 strate very clearly that with our militai'y 
 organization since, and now existing, it has 
 not been deemed prudent to make the 
 
 attempt." 
 
 Mr. Buchanan's Cabinet. 
 December 12th, 1860. Lewis Cass resigned 
 as Secretary of State, because the President 
 declined to reinforce the forts in Charleston 
 harbor. December 17th. Jeremiah S. Black 
 was appointed his successor. 
 
 December 10th. Howell Cobb resigned 
 as Secretary of the Treasury — " his duty to 
 Georgia requiring it. " December 12th. 
 Philip F. Thomas appointed his successor, 
 and resigned, January 11th, 1861, because 
 differing from the President and a majority 
 of the cabinet, " in the measures which have 
 been adopted in reference to the recent ci n- 
 dition of things in South Carolina, " espe- 
 cially "touching the authority, imder exist- 
 ing laws, to enforce the collection of the cus- 
 toms at tlie port of Charleston." January 
 11th, 1861. John A. Dix appointed his suc- 
 cessor. 
 
 29th. John B. Floyd resigned as Secre- 
 tary of War, because, after the transfer of 
 Major Anderson's command from Fort JSloul- 
 trie to Fort Sumter, the President declined 
 " to withdraw the garrison from the harbor 
 of Charleston altogether. " 
 
 December 31st. Joseph Holt, Postmas- 
 ter-General, was entrusted with the tempo- 
 rary charge of the War Department, and 
 January 18th, 1861, was appointed Secre- 
 tary of War. 
 
 January 8th, 1861. Jacob Thompson re- 
 signed as Secretary of the Interior, because 
 " additional troops, he had heard, have been 
 ordered to Charleston" in the Star of the 
 West. 
 
 December 17th, 1860. Jeremiah S. Black 
 resigned as Attorney-General, and Edwin 
 M. Stanton, December 20th, was appointed 
 his successor. 
 
 January 18th, 1861. Joseph Holt re- 
 signed as Postmaster-General, and Horatio 
 King, February 12th, 1861, was appointed 
 his successor. 
 
SECESSION MOVEMKNT DEVELOPED. 
 
 29 
 
 Correspondence between President i 
 Buchanan and the "Commissioners" 
 of South Carolina. i 
 
 The ''Commissioners" to the President. \ 
 Washington. Dec. 2Sth. 1860. I 
 Sir : "We have the honor to transmit to \ 
 you a copy of the full powers from the i 
 Convention of the people of South Carolina, j 
 under which we are "authorized and em- { 
 powered to treat with the Government of| 
 the United States for tlie delivery of the j 
 forts, magazines, liulithouses, and other 
 real estate, with their appurtenances, in the 
 limits of South Carolina; and also for an 
 apportiomnent of the public debt, and for a ' 
 division of all other property held by the 
 Government of the United States as agent 
 of the Confederated States of which South 
 Carolina was recently a member, and gen- 
 erally to negotiate as to all other measures 
 and arrangements proper to be made and 
 adopted in the existing relation of the par- j 
 ties, and for the continuance of peace and ! 
 amity between this Commonwealth and the 
 Government at "Washington." [ 
 
 In the execution of this trust, it is our ; 
 duty to furnish you, as we now do. with an 
 official copy of the Ordinance of Sece?.<?ion ; 
 by which the State of South Carolina has 
 resinned the powers she delegated to the j 
 (rovernment of the United States, and has 
 declared her perfect sovereignty and inde- 
 pendence. 
 
 It would also have been our duty to have 
 informed you thut we were ready to ne- i 
 gotiate with you upon all such questions as | 
 are necessarily raised by the adoption of I 
 this ordinance, and that we were prepared 
 to enter upon this negotiation with the 
 earnest desire to avoid all unnecessary and 
 hostile collision, and so to inaugurate our 
 new relations as to secure mutual respect, 
 general advantage, and a future of good-will 
 and harmony beneficial to all the parties 
 concerned. But the events of the last 
 twenty-four hours render such an assurance 
 impossible. 
 
 AVe came here the representatives of an 
 authority which could, at any time within 
 the past sixty days, have taken posses- 
 sion of the forts in Charleston harbor, but 
 which, upon pledges given in a manner that 
 we cannot doubt, determined to trust to 
 your honor rather than to its own power. 
 Since our arrival here, an officer of the United 
 States, acting, as we are assured, not only 
 without, but against your orders, has dis- 
 mantled one fort and occupied another ; 
 thus altering, to a most important extent, 
 the condition of affairs under which we came. 
 Until the circumstances are explained in 
 a manner which relieves us of all doubt as 
 to the spirit in which these negotiations 
 shall be conducted, m'c are forced to suspend 
 all discussion as to any arrangements by 
 which our mutual interests miglit be ami- 
 cably adjusted. 
 
 And, in conclusion, we would lu-ge upon 
 you the immediate withdrawal of the troops 
 from the harbor of Charleston. Under 
 present circumstances thej^ are a standing 
 menace which renders negotiation impos- 
 sible, and. as our recent experience shows, 
 tlireatens speedily to bring to a bloody issue 
 questions which ought to be settled with 
 temperance and judgment. 
 
 W^e have the 'honor to be, very respect- 
 fully, your obedient servants, 
 
 R. W. Barnwell, 
 J. H. Adams, 
 James L. Orr, 
 Commissioners. 
 To the President of the United Slates. 
 
 The President to the " Commissioners." 
 Washington, December 30th, 18G0. 
 
 Gentlkmkx : I have had the honor to re- 
 ceive your communication of the 2Sth inst., 
 together with a copy of "yoiu* full powers 
 from the Convention of the people of South 
 Carolina." authorizing you to treat with the 
 Government of the United States on various 
 important subjects therein mentioned, and 
 also a copy of the Ordinance, bearing date 
 on the 20th inst., declaring that " the Union 
 now subsisting between South Carolina and 
 other States, imder the name of the United 
 States of America, is hereby dissolved." 
 
 In answer to this communication, I have 
 to say that my position as President of the 
 United States was clearly defined in the 
 message to Congress on the 3d inst. In that 
 I stated that " apart from the execution of 
 the laws, so far as this may be practicalile, 
 the Executive has no authority to decide 
 what shall be the relations between the 
 Federal Government and South Carolina. 
 He has been invested with no such discre- 
 tion. He possesses no power to change 
 the relations heretofore existing between 
 them, much less to acknowledge the inde- 
 pendence of that State. This would be to 
 invest a mere executive officer with the 
 power of recos^nizing the dissolution of the 
 Confederacy among our thirty-three sover- 
 eign States. It bears no resemblance to the 
 recognition of a foreign de facto Govern- 
 ment, involving no such responsibility. Any 
 attempt to do this would, on his part, be a 
 naked act of usurpation. It is. therefore, 
 my duty to submit to Congress the whole 
 question in all its bearings." 
 
 Such is my opinion still. I coiild, there- 
 fore, meet you only as private gentlemen of 
 the highest character, and was entirely 
 willing'to communicate to Congress any 
 proposition you miglit have to make to that 
 body upon tlie subject. Of this you were well 
 aware. It was my earnest desire that such 
 a disposition might be made of the whole 
 subject by Congress, who alone possess the 
 power, as to prevent the inauguration of a 
 civil war between the parties in regard to 
 the possession of the Federal forts in the 
 harbor of Charleston, and I therefore deeply 
 
30 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 regret that, in your opinion, " the events of 
 the last twenty-four hours render this im- 
 possible." 
 
 In conclusion, you urs:e upon me the " im- 
 mediate withdrawal of the troops from the 
 harbor of Charleston." stating that "under 
 present circumstances they are a standing 
 menace which renders negotiation impos- 
 sible, and, as our recent experience shows, 
 threatens speedily to bring to a bloody issue 
 questions which ought to be settled with 
 temperance and judfi-ment." 
 _ The reason for this change in your po- 
 Bition is, that since your arrival in Wash- 
 ington, "an officer of the United States, 
 acting, as we, (you) are assured, not only 
 without, but against your (my) orders, has 
 dismantled one fort and occupied another — 
 thus altering to a most important extent 
 the condition of affairs under which we 
 (you) came." You also allege that you 
 came here " the representatives of an au- 
 thority which could, at any time within the 
 past sixty days, have taken possession of 
 the forts in Charleston harbor, but which, 
 upon pledges given in a manner that we 
 (you) cannot doubt, determined to trust to 
 your (my) honor rather than to "its power." 
 
 This brings me to a consideration of the 
 nature of those alleged pledges, and in what 
 manner they have been observed. 
 
 In my message of the 3d of December 
 last, I stated, in regard to the property of 
 the United States in South Carolina, that it 
 " has been purchased for a fair equivalent, 
 by the consent of the Legislature of the 
 State," for the erection of forts, magazines, 
 arsenals, &c., and over these the authority 
 " to exercise exclusive legislation " has been 
 expressly granted by the Constitution to 
 Congress. It is not believed that any at- 
 tempt will be made to expel the United 
 States from this property by force ; but if 
 in this I should prove to be mistaken, the 
 officer in command of the forts has received 
 orders to act strictly on the defensive. In 
 such a contingency, the responsibility for 
 consequences would rightfully rest upon the 
 heads of the assailants. 
 
 This being the condition of the parties, 
 on Saturday, 8th Decemlier, four of the 
 Kepresentatives from South Carolina called 
 upon me and requested an interview. We 
 had an earnest conversation on the subject 
 of these forts, and the best means of pre- 
 venting a collision between the parties, for 
 the purpose of sparing the effusion of blood. 
 I suggested, for prudential reasons, that it 
 would be best to put in writing what they 
 Gaid to me verbally. They did so accord- 
 ingly, and on Monday morning, the 10th 
 instant, three of them presented to me a 
 
 f)aper signed by all the Representatives 
 rora South Carolina, with a single excep- 
 tion, of which the following is a copy : 
 
 Washington, December 9th, 18f>0. 
 "To Bis Excellence/ James Buchanan, Presi- 
 dent of the United States : 
 " In compliance with our statement to you 
 yesterday, we now express to you our strong 
 convictions that neither the constituted 
 authorities, nor any body of the people of 
 the State of South Carolina, will either 
 attack or molest the United States forts in 
 the harbor of Charleston, previously to the 
 action of the Convention, and we hope and 
 believe not until an offer has been made 
 through an accredited representative to ne- 
 gotiate for an amicable arrangement of all 
 matters between the State and the Federal 
 Government; provided that no reinforce- 
 ments shall be sent into those forts and their 
 relative military status shall remain as at 
 present. John McQueen, 
 
 M. L. BONHAM, 
 W. W. BOTCE, 
 
 Lawrence M. Keitt." 
 And here I must, in justice to myself, 
 remark that at the time the paper was pre- 
 sented to me I objected to the word " pro- 
 vided," as it migiit be construed into an 
 agreement on my part, which 1 never would 
 make. 'J'hey said that nothing was farther 
 from their intention ; they did not so under- 
 stand it, and I should not so consider it. 
 It is evident they could enter into no re- 
 ciprocal agreement with me on the subject. 
 They did not profess to have the authority 
 to do this, and were acting in their individ- 
 ual character. I considered it as nothing 
 more, in effect, than the promise of highly 
 honorable gentlemen to exert their influence 
 for the pvu-pose expressed. The event has 
 proven that they have faithfully kept this 
 promise, although I have never since re- 
 ceived a line from any one of them nor from 
 any member of the Convention on the sub- 
 ject. It is well known that it was my de- 
 termination, and this I freely expressed, not 
 to reinforce the forts in the harbor, and 
 thus produce a collision, until they had 
 been actually attacked or until I had certain 
 evidence that they were about to be at- 
 tacked. This paper I received most cor- 
 dially, and considered it as a happy omen 
 that peace might be still preserved, and that 
 time might be thus given for reflection. 
 This is the whole foundation for the alleged 
 pledge. 
 
 But I acted in the same manner as I 
 would have done had I entered into a posi- 
 tive and formal agreement with parties 
 capable of contracting, although such an 
 agreement would have been on my part, 
 from the nature of my official duties, im- 
 possible. The world knows that I have 
 never sent any reinforcements to the forts 
 in Charleston harbor, and I have certainly 
 never authorized any change to be made 
 " in their relative military status." Bearing 
 upon this subject, I refer you to an order 
 issued by the Secretary of War, on the 11th 
 instant, to Major Anderson, but not brought 
 
SECESSION MOVEMENT DEVELOPED. 
 
 31 
 
 to my notice until the 21st instant, 
 follows : 
 
 It is as i Be this as it may, when I learned that 
 j Major Anderson had left Fort Moultrie and 
 
 '^Uemorandum of verbal instructions ^o j P'"°''^^"^^^^V*« ^«^'^ ^"™!""' "P' ^''/t prompt- 
 
 Major Anderin. First Artillery, ^om- "^^^^ ^'"'^ ^.•'.^^^™^,^^1^^«^/'^ ^^^.f " to h,s 
 
 maiding Fort Mordtrie, South Carolina. ^iTn'lp? "= and there to awa. the con- 
 
 ^^ -^ ' . „ i tingencies presented m his mstructions. 
 
 " lou are aware of the great anxiety of^^^his could only have been done with any 
 
 the Secretary of War that a collision of the j degree of safety to the command by the 
 
 troops with the people of this State shall be j concurrence of the South Carolina authori- 
 
 avoided, and of his studied determination to ties. But before any step could possibly 
 
 pursue a course with reference to tlie force have been taken in this direction, we re- 
 
 and forts in this harbor which shall guard 
 against such a collision. He has therefore 
 carefully abstained from increasing the force 
 at this point, or taking any measure which 
 might add to the present excited state of 
 the public mind, or which would throw any 
 doubt on the confidence he feels that South 
 Carolina will not attempt by violence to 
 obtain possession of the public works, or 
 interfere with their occupancy. 
 
 " But, as the counsel And acts of rash and 
 impulsive persons may possibly disappoint 
 these expectations of the Government, he 
 deems it proper that you should be prepared 
 with instructions to meet so unhappy a 
 contingency. He has, therefore, directed 
 me verbally to give you such instructions. 
 "You are carefully to avoid every act 
 which would needlessly tend to provoke 
 aggression, and for that reason you are not, 
 without necessity, to take up any position 
 which could be construed into the assump- 
 tion of a hostile attitude ; but j'ou are to 
 hold possession of the forts in this harbor, 
 and. if attacked, you are to defend yourself 
 to the last extremity. The smaliness of 
 your force will not permit you, perhaps, to 
 occupy more than one of the three forts ; 
 but an attack on or attempt to take pos- 
 session of either of them will be regarded 
 as an act of hostility, and you may then put 
 your command into either of them which 
 you may deem mogt proper to increase its 
 power of resistance. You are also author- 
 ized to take similar steps whenever you have 
 tangible evidence of a design to proceed to 
 a hostile act. D. P. Butlkr, 
 
 "Assistant Adjutant-General. 
 "Fort Monltrie, [S. C.) Dec. 11th. 1800. 
 " This is in conformity to my instructions 
 to Major Buell. 
 
 "John B. Fi.oyd, Secretary of "War.". 
 These were the last instructions trans- 
 mitted to Major Anderson before his re- 
 moval to Fort Sumter, with a sinorle excep- 
 tion, in regard to a particular which does 
 not in any degree affect the present question. 
 Under these circumstances it is clear that 
 Major Anderson acted upon his own re- 
 sponsibility, and without authority, — unless, 
 indeed, he "had tangible evidence of a 
 design to proceed to a hostile act" on the 
 part of the authorities of South Carolina, 
 which has not yet been alleged. Still he is 
 a brave and honorable officer, and justice 
 requires that he should not be condemned 
 wi thout a fair hearing. 
 
 ceived information that the "Palmetto flag 
 floatec} out to the breeze at Castle Pinckney, 
 and a large military force went over last 
 night (the 27th) to Fort Moultrie." Thus 
 the authorities of South Carohna, without 
 waiting or asking for any explanations, and 
 doubtless believing, as you have expressed 
 it, that the officer had acted not only with- 
 out but against my orders, on the very next 
 day after the night when the removal was 
 made, seized, by a military force, two of the 
 three Federal forts in the harbor of Charles- 
 ton, and have covered them under their 
 own flag instead of that of tlie United 
 States. 
 
 At this gloomy period of our history, 
 startling events succeed each other rapidly. 
 On the very day, the 27th instant, that 
 possession of these two forts was taken, the 
 Palmetto flag was raised over the Federal 
 custom-house and post-office in Charleston ; 
 and on the same day every officer of the 
 customs — Collector, Naval Officer, Surveyor 
 and Appraiser — resigned their offices. And 
 this, ialthough it was well-known from the 
 language of my message that as an ex- 
 ecutive officer I felt myself bound to collect 
 the revenue at the port of Charleston under 
 the existing laws. In the harbor of Charles- 
 ton we now find three forts confronting each 
 other, over all of which the Federal flag float- 
 ed four days ago ; but now, over two of them 
 this flag has been supplanted, and the Pal- 
 metto flag has been substituted in its stead. 
 It is under these circumstances that I am 
 urged immediately to withdraw the troops 
 from the harbor of Charleston, and I am 
 informed that without this negotiation is 
 impossible. This I cannot do; this I will 
 not do. Such an idea was never thought 
 of by me in any possible contingency. No 
 such allusion had been made in any com- 
 munication between myself and any human 
 being. 
 
 But the inference is that I am bound to 
 withdraw the troops from the only furt re- 
 maining in the possession of the United 
 States in the harbor of Charleston, because 
 the officer there in command of all the forta 
 thought proper, without instructions, to 
 change his position from one of them to 
 another. 
 
 At this point of writing, I have received 
 information by telegraph from Capt. Hum- 
 phreys, in command of the arsenal at 
 Charleston, that "it has to-day (Sunday, 
 the 30th) been taken by force of arms." It 
 
82 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 is estimated that the munitions of war , 
 belongin,^ to the United States in this arsenal , 
 are M^orth half a million of dollars. | 
 
 Comment is needless. After this infor- 
 mation, I have only to add that, whilst it is 
 my duty to defend Fort Smnter as a portion 
 of the public property of the United States 
 against hostile attacks, from whatever quar- 
 ter they may come, by such means as I may 
 possess for this purpose, I do not perceive 
 how such a defence can be construed into a 
 menace against the city of Charleston. 
 
 Yv'ilh great personal regard, I remain 
 yours, very respectfully, 
 
 James Buchanan. 
 To Honnrable Robert 17. Barnwell, James 
 H. Adams, James L. Orr. 
 
 January 1st, 1861. The " Commissioners" 
 replied at length, alleging, with reference to 
 the President's declaration, that he could 
 not withdraw the troops from Charleston 
 harbor, that he had in conversation left a 
 different impression upon their minds and 
 the minds of others who had approached 
 him on that subject, and generally reflecting 
 upon the motives of the President. This 
 paper, Mr. Buchanan '-declined to receive." 
 In the State Convention of South Carolina. 
 December 19th, 1860, upon a proposition of 
 Mr. INIagrath to appoint a committee to con- 
 sider the relations of the State to the forts, 
 Mr. W. PoRCHER Miles alluded to the inter- 
 view between the President and the Soiith 
 Carolina representatives in Congress relative 
 to the forts, and "expressed his solemn 
 opinion that the President was not going to 
 •ittempt to reinforce those forts." Subse- 
 quently Mr. Miles and Mv. Keitt made to 
 the Convention a written statement sustain- 
 ing the offensive allegations of the Commis- 
 sioners as to the President's good faith to 
 them. These papers are too long for inser- 
 tion, and have but limited importance. 
 
 Further demand of South Carolina 
 for Fori Sumter. 
 
 January 11th, 1861. F. W. Pickens, Gover- 
 nor of South Caroli7"'a, demanded of Major 
 Anderson the surrender of Fort Sumter to the 
 authorities of the State of South Carolina, 
 to prevent a "waste of life." Same day 
 Major Anderson renlied, announcing his re- 
 fusal, but suggesting that if at any time 
 prior to a r'esor+, to arms, the Governor 
 Siiould deem fit to "refer this matter to 
 Washington," he could with much pleasure 
 depute one of his officers to accompany the 
 G overnor's messeiiger. Same day. Governor 
 Pickens deputed Hon. Isaac W. Hayne, 
 Attorney-General of the State, to proceed to 
 Washington, end demand from the Presi- 
 dent the delivery of Fort Sumter to the 
 constituted authorities of South Carolina, 
 adding : 
 
 "The d^TTjand I have made of Major An 
 derson, r.nd M-hich I now make of you, is 
 8ug2-eatrd because of my earnest desire to 
 avoid tlie bloodshed which a persistence in 
 
 your attempt to retain possession of that 
 fort will cause, and which will be unavailing 
 to secure you that possession, but induce a 
 calamity most deeply to be deplored. If 
 consequences so unhappy shall ensue, I will 
 secure for this State, in the demand which I 
 now make, the satisfaction of having ex- 
 hausted every attempt to avoid it. 
 
 " In relation to the public property of the 
 United States within Fort Siimter the Hon. 
 I. W. Hayne, who v.'ill hand you this com- 
 munication, is authorized to give you th > 
 pledge of the State that the v.aluation oi 
 such property will be accounted for by this 
 State, upon the adjustment of its relations 
 with the United States, of which it was a 
 part. " F. W. Pickens. 
 
 " To the President of the United States." 
 Upon Colonel Hayne's arrival, ten U. S. 
 Senators " from States which have already 
 seceded from the United States, or will have 
 done so before the firM of February next,"* 
 requested that he shoiild not present his de- 
 mand until these States should have formed 
 a Confederacy. Meanwhile, they offered to 
 propose to the President, that Fort Sumter 
 should not be reinforced in the meantime. 
 To this Colonel Hayne consented, and the 
 Senators proposed this arrangement, which 
 the President declined through Hon. Josei'h 
 Holt, Secretary of War, as follows : 
 
 War Department, January 22d, 18G1. 
 To the Honorable Benjamin FitzpatricTc, 
 S. R. Ilallory and JohnSlidell. 
 Gentlemen : The President has received 
 your communication of the 19th instant, 
 with the copy of a correspondence between 
 yourselves and others, " representing States 
 which have already seceded from the United 
 States, or will have done so before the first 
 of Februnry next." and Colonel Isaac W. 
 Hayne, of South Carolina, in behalf of the 
 (Tovernment of that State, in relation to 
 Fort Sumter ; and you ask the President 
 " to take into consideration the subject of 
 that correspondence." With this request he 
 has complied, and has directed me to com- 
 municate his answer. 
 
 In your letter to Col. Hayne of the ir)th 
 instant, you propose to him to defer the de- 
 livery of a message from the Governor of 
 South Carolina tothe President, with which 
 he has been entrusted for a few days, or 
 until the President and Col. Hayne shall 
 have considered the suggestions which you 
 submit. It is unnecessary to refer specially 
 to these suggestions, because the letter 
 addressed to you by Col. Hayne. of the 17th 
 instant, presents a clear and specific answer 
 to them. In this he says : " I am not 
 i clothed with power to make the arrange- 
 I ment you suggest ; but provided you can 
 
 * Being : 
 Louis T. Wipfall, ) tpt!i« 
 Jol.u Hemphill, > '^xas. 
 
 0, C. Clay, Jr., 
 lujamin Fitzpatrick 
 
 Ala. 
 
 S. R. Mallory, f Florida. j^^„ g[jj„i,_ 
 
 ! Jefferson Davis, Mississippi, J. V Benjamin, 
 
SECESSION MOVEMENT DEVELOPED. 
 
 p-et assurances, vclth which yoxi are entirely 
 satisfied, that no reinforcements will be sent 
 to Fort Sumter in the interval, and that the 
 public peace will not be disturbed by any | 
 act of hostility towards South Carolina, I ! 
 will refer your communication to the autho- ; 
 rities of S'outh Carolina, and, withholding 
 the communication with which I am at pre- 
 sent charged, will await further instructions." 
 
 From the beginning of the present un- 1 
 happy troubles, the President has endeav- 
 ored to perform his Executive duiies in \ 
 such a manner as to preserve the peace of ; 
 the country and to prevent bloodshed. This , 
 is still his fixed purpose. You, therefore, [ 
 do him no more than justice in stating that j 
 yoiT have assurances (from his public mes- 
 sages, I presume) that -notwithstanding the 
 circumstances under which ]\Iajor Anderson 
 left Fort Moultrie and entered Fort Sumter 
 with the forces under his command, it was 
 not taken and is not held with any hostile or 
 unfriendly purpose towards your State, but 
 merely as property of the United States, 
 which the President deems it his duty to 
 protect and preserve," you have correctly 
 stated what the President deems to be his 
 duty. His whole object now is and has 
 been, to act strictly on the defensive, and to 
 authorize no movement against the people 
 of South Carolina, unless clearly justified 
 by a hostile movement on their part. He 
 '^ould not have given a better proof of his 
 desire to prevent the effusion of blood than 
 •y forbearing to resort to the use of force 
 mder the strong provocation of an attack 
 happily without a fatal result) on an un- 
 armed vessel bearing the flag of the United 
 States. 
 
 I am happy to observe that, in your letter 
 to Col. Hayne, 3'ou express the opinion that 
 it is " especially due from South Carolina to 
 our States, to say nothing of other slave- 
 holding States, that she should, as far as she 
 can consistently 'with her honor, avoid ini- 
 tiating hostilities between her and the United 
 States, or any other Power." To initiate 
 such hositilities against Fort Sumter would, 
 beyond question, be an act of war against the 
 United States. 
 
 In regard to the proposition of Col. 
 Ha^me, '^that no reinforcements will be sent 
 to Fort Sumter in the interval, and that the 
 public peace will not be disturbed by any 
 act of hostility towards South Carolina," it 
 is impossible for me to give you any such 
 assurances. The Pi-esident has no authority 
 to enter into such an agreement or under- 
 standing. As an executive officer, he is 
 simply Ijound to protect the public property, 
 so far as this may be practicable; and it would 
 be a manifest violation of his duty to place 
 hims.ilf under engagements that he would 
 not perform this duty either for an indefinite 
 or a limited period. At the present mo- 
 ment, it is not deemed necessary to reinforce 
 Major Anderson, because he makes no such 
 request, and feels quite secure in his posi- 
 
 tion. Should his safety, however, require 
 reinforcements, every eflbrt will be made to 
 supply them. 
 
 In regard to an assurance from the Presi- 
 dent " that the public peace will not be 
 disturbed by any act of hostility towards 
 South Carolina," the answer will readily 
 occur to yourselves. To Congress, and to 
 Congress alone, belongs the power to make 
 war, and it would be an act of usurpation 
 for the Plxecutive to give any assurance 
 that Congress would not exercise this 
 power, however strongly it may be con- 
 vinced that no siich intention exists. 
 
 I am glad to be assured from the letter of 
 Col. Hayne, that " Major Anderson and his 
 command do now obtain all necessary sup- 
 plies, incliTding fresh meat and vegetables, 
 and, I believe, fuel and water, from the city 
 of Charleston, and do now enjoy communi- 
 cation, by post and special messenger, with 
 the President, and will continue to do so, 
 certainly until the door to negotiation has 
 been closed." I trust that these facilities 
 may still be afforded to Major Anderson. 
 This is as it should be. Major Anderson is 
 not menacing Charleston ; and I am con- 
 vinced that the happiest result which can be 
 attained is, that he and the authorities of 
 South Carolina shall remain on their pres- 
 ent amicable footing, neither party being 
 bound by any obligation whatever except 
 the high Christian and moral duty to keep 
 the peace and to avoid all causes of mutual 
 irritation. 
 
 Very respectfully. 
 
 Your obedient servant, 
 
 J. Holt, 
 Secretary of War. 
 
 January 31st, 1861. Col. Hayne, having 
 received additional instructions from Gov- 
 ernor Pickens, reciting the correspondence 
 between the President and the ten Senators, 
 and expressing his dissatisfaction with the 
 terms of the latter's reply, demanded pos- 
 session of Fort Sumter " as the legal officer 
 of the State, asserting its undoubted right of 
 eminent domain." 
 
 February 6th. The President replied, 
 through Secretary Holt, asserting the title of 
 the United States to Fort Sumter as complete 
 and incontrovertible, and declining the 
 demand, as, " whatever may be the claim of 
 South Carolina to this fort, he has no con- 
 stitutional power to cede or surrender it." 
 The closing paragraph of the President's 
 reply is as follows : 
 
 " If the announcement so repeatedly made 
 of the President's pacific pm-pose in contin- 
 uing the occupation of Fort Sumter until 
 the question shall be settled by competent 
 authority, has failed to impress the Govern- 
 ment of South Carolina, the forbearing con- 
 duct of the Administration for the last few 
 months should be received as conclusive 
 evidence of his sincerity. And if this for- 
 bearance, in view of the circumstances which 
 have so severely tried it, be not accepted as 
 
34 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 a. satisfactory pledge of the peaceful policy 
 of this Administration towards South Caro- 
 lina, then it may be safely affirmed that 
 neither language nor conduct can possibly 
 furnish one. If, with all the multiplied 
 proofs which exist of the President's anxiety 
 for peace, and of the earnestness with which 
 he has pursued it, the authorities of that 
 State shall assault Fort Sumter, and peril 
 the lives of the handful of brave and loyal 
 men shut up within its walls, and thus 
 plimge our common country into the hor- 
 rors of civil war, then upon them and those 
 they represent, must rest the responsibility." 
 
 " Commissioner from Alabama." 
 
 February 1st, 1861. Hon. C. C. Clay, Jr., 
 Senator from Alabama, addressed the Presi- 
 dent, informing him that Hon. Thomas J. 
 Judge of Alabama had arrived, " duly com- 
 "missioned to negotiate with the Government 
 of the United States in reference to the 
 forts, arsenals and custom-houses in that 
 State, and the debt of the United States," 
 and desiring when he might have an audience 
 " to present his credentials and enter upon 
 the proposed negotiations." 
 
 2d. The President replied, stating that 
 he would be happy to receive Mr. Judge 
 as a " distinguished citizen of Ali^bama," 
 and that, in his judgment, he had no 
 power to recognize him in the character 
 ascribed to him. Mr. Clay, under date 
 of February 5th, volunteered to give the 
 President his views of men and things, in an 
 excited epistle, which scarcely deserves pre- 
 servation, either for intrinsic merit of style 
 or thought for historical value. 
 
 Transfer of TJ. S. Arms South in 
 1859-60. 
 
 Report (Abstract of) made by Mr. B.Stan- 
 ton, from the Committee on MiUtary Affairs, 
 in House of Rejiresentatives, Feb. ISth, 1861 : 
 
 The Committee on MiUtary Affairs, to 
 whom was referred the resolution of the 
 House of Representatives of 31st of Decem- 
 ber last, instructing said committee to in- 
 quire and report to the House, how, to 
 whom, and at what price, the public arms 
 distributed since the 1st day of January, 
 A. d. 1860, have been disposed of; and also 
 into the condition of the forts, arsenals, dock- 
 yards, etc., etc., submit the following report : 
 
 That it appears from the papers lierewith 
 submitted, that Mr. Floyd, the late Secretary 
 of War, by the authority or under color of 
 the law of March 3d, 1825, authorizing the 
 Secretary of War to sell any arms, ammu- 
 nition, or other military stores which should 
 be found unsuitable for the piiblic service, 
 sold to sundry persons and States 31,610 
 flint-lock muskets, altered to percussion, at 
 $2.50 each, between the 1st day of January, 
 A. D. 1860, and the 1st day of Jarmary, a. d. 
 1861. It will be seen from the testimony of 
 Colonel Craig and Captain Maynadier, that 
 
 they differ as to whether the arms so sold 
 had been found, " upon proper inspection, to 
 be unsuitable for the pubhc service." 
 
 Whilst the Committee do not deem it im- 
 portant to decide this question, they say, 
 that in their judgment it would require a 
 very liberal construction of the law to bring 
 these sales within its provisions. 
 
 It also appears that on the 21st day of 
 November last, i\Ir. Belknap made applicar 
 tion to the Secretary of War for flie purchase 
 of from one to two hundred and fifty thou- 
 sand United States muskets, flint-locks and 
 altered to percussion, at ^2.15 each; but the 
 Secretary alleges that the acceptance was 
 made imder a misapprehension of the price 
 bid, he supposing it was $2.50 each, instead 
 of .$2.15. 
 
 ]\Ir. Belknap denies all knowledge of any 
 mistake or misapprehension, and insists upon 
 ihe performance of his contract. 
 
 The present Secretary refuses to recognize 
 the contract, and the muskets have not been 
 delivered to Mr. Belknap. 
 
 Mr. Belknap testifies that the muskets 
 were intended for the Sardinian government. 
 
 It will appear by the papers herewith sub- 
 mitted, that on the 29th of December, 1859, 
 the Secretary of War ordered the transfer 
 of 65,000 percussion muskets, 40,000 mus- 
 kets altered to percussion, and 10,000 per- 
 cussion rifles, from the Springfield Armory 
 and the Watertown and Watervliet Arse- 
 nals, to the Arsenals at Fayetteville, N. C, 
 Charleston, S. C, Augusta, Ga., Mount Ver- 
 non, Ala., and Baton Rouge, La., and that 
 these arms were distributed during the 
 spring of 1860 as follows : 
 
 Percussion Altered 
 
 muskets, muskets. Riflos. 
 
 To Charleston Arsenal, 9,280 6,720 2,000 
 
 To North Carolina Arsenal, 15,480 9,520 2,000 
 
 To Augusta Arsenal, 12,380 7,620 2,000 
 
 To Mount Vernon Arsenal, 9.280 5,720 2,000 
 
 To Baton Rougo Arsenal, 18,680 11,420 2,000 
 
 65,000 40,000 10,000 
 All of these arms, except those sent to the 
 North Carolina Arsenal,* have been seized 
 by the authorities of the several States of 
 South Carolina, Alabama, Louisiana and 
 Georgia, and are no longer in possession of 
 the United States. 
 
 It will appear by the testimony herewith 
 presented, that on the 20th of October last 
 ihe Secretary of War ordered forty colum- 
 biads and four thirty-two pounders to be 
 sent from the Arsenal at Pittsburg to the 
 fort on Ship Island, on the coast of Missis- 
 sippi, then in an unfinished condition, and 
 seventy columbiads and seven thiity-two 
 pounders to be sent from the same Arsenal 
 to the fort at Galveston, in Texas, the build- 
 ing of which had scarcely been commenced. 
 This order was given by the Secretary of 
 War, without any report from the Engineer 
 department showing that said works were 
 
 * These were afterwards seized 
 
SECESSION MOVEMENT DEVELOPED. 
 
 ready for their armament, or that the gims 
 were needed at either of said points. 
 
 It will be seen by the testimony of Cap- 
 tain Wri.uht, of the Engineer department, 
 that the fort at Galveston cannot be ready 
 for its entire armament in less than about 
 five years, nor for any part of it in less than 
 two ; and that the fort at Ship Island will 
 require an appropriation of $85,000 and one 
 year's time before it can be ready for any 
 part of its armament. This last named fort 
 has been taken possession of by the State 
 authorities of Mississippi. 
 
 The order of the late Secretary of War 
 (Floyd) was countermanded by the present 
 >Secretary (Holt) before it had been fully 
 executed by the shipment of said guns from 
 Pittsburg.* 
 
 It willbe seen by a communication from 
 the Ordnance oiBce of the 21st of January 
 last, that by the last returns there were re- 
 maining in the United States arsenals and 
 armories the following small arms, viz : 
 Percussion muskets and muskets 
 
 altered to percussion of calibre 69, 499.5.54 
 Percussion rifles, calibre 54 42,011 
 
 Total 541,565 
 
 Of these 60.878 were deposited in the ar- 
 senals of South Carolina, Alabama, and 
 Louisiana, and are in the possession of the 
 authorities of those States, reducing the 
 number in possession of the United States 
 to 480,687. 
 
 Since the date of said communication, the 
 following additional forts and military posts 
 have been taken possession of by parties 
 acting under the authority of the States in 
 which they are respectively situated, viz : 
 
 Fort ]\[oultrie, South Carolina. 
 
 Fort Morgan, Alabama. 
 
 Baton Rouge Barracks, Louisiana. 
 
 Fort Jackson. Louisiana. 
 
 Fort St. Philip, " 
 
 Fort Pike, Louisiana. 
 
 Oglethorpe Barracks, Georgia. 
 
 And the department has been unofficially 
 advised that the arsenal at Chattahoochee, 
 Forts McRea and Barrancas, and Barrancas 
 Barracks, have been seized by the authori- 
 ties of Florida. 
 
 To what further extent the small arms in 
 possession of the United States may have 
 been reduced by these figures, your com- 
 mittee have not been advised. 
 
 The whole number of the sea-board forts 
 in the United States is fiftj'-seven ; their 
 appropriate garrison in war would require 
 26.420 men ; their actual garrison at this 
 
 * The attempted removal of these heavy guns from 
 Allegheny Arseual, late in Deceniber, 1860, created in- 
 tense excitement. A monster mass meeting assembled 
 Rt the call of the Mayor of the city, and citizens of all 
 pai.'ties aided in the effort to prevent the shipmeat. 
 Through the interposition of Hon. J. K. Moorhead, Hon. 
 R. McKnight, Judge Shaler, Judge Wilkins, Judge 
 Shannon, and others, inquiry was instituted, and a revo- 
 cation of the order obtained. The Secessionists in Con- 
 gress bitterly complained of the " mob law" which thus 
 interfered with the routine of t'overnmental affairs. 
 
 time is 1,334 men. 1.308 of whom are in the 
 forts at Governor's Island, New York ; Fort 
 ' McHenry, Maryland ; Fort Monroe, Vir- 
 ginia, and at Alcatraz Island, Califoi'nia, in 
 the harbor of San Francisco. 
 I From the facts elicited, it is certain that 
 I the regular military force of the United 
 j States is wholly inadequate to the protec- 
 ticr of the forts, arsenals, dock-yards, and 
 other property of the United States in the 
 present disturbed condition of the country. 
 i The regular army numbers only 18,000 men 
 j when recruited to its maximum strength, 
 and the whole of this force is required for 
 I the protection of the border settlements 
 j against Indian depredations. Unless it is 
 tiie intention of Congress that the forts, 
 i arsenals, dock-^^ards, and other public pro- 
 perty, shall be exposed to capture and spo- 
 liation, the President must be armed with 
 i additional force for their protection. 
 1 In the opinion of the Committee the law 
 I of February 28th, 1795, confers upon the 
 j President ample power to call out the mili- 
 ; tia to execute the laws and protect the 
 j public property. But as the late Attorney- 
 General has given a different opinion, the 
 Committee, to remove all doubt upon the 
 subject, report the accompanying bill, etc. 
 
 OTHER ITEMS. 
 Statement of Arms distributed hy Sale since the first of Jan- 
 uary, i860, to whom sold, and the place whence sold. 
 
 1860. Arsenals 
 
 To whom sold. Ko. Dale of sale. Where sold. 
 
 J. W. Zacharie & Co 
 
 ..4,000 
 
 Feb. 3 
 
 St. Louis. 
 
 J.imes T. Ames 
 
 .1.000 
 
 Mar. 14 
 
 New York, 
 
 Cai)tain G. Barry.... 
 
 ... 80 
 
 June 11 
 
 St. Louis. 
 
 W. C. N. Swift 
 
 ... 400 
 
 Aug. 31 
 
 Springfield. 
 
 Do 
 
 ... 80 
 
 Nov. 13 
 
 Do. ■ 
 
 State of Alabama... 
 
 .1.000 
 
 Sep. 27 
 
 Baton Rouge. 
 
 Do 
 
 .2.500 
 
 Nov. 14 
 
 Do. 
 
 St.tteof Virginia 
 
 .5,000 
 
 Nov. 6 
 
 Washington. 
 
 Phillips county, Ark 
 
 ... 50 
 
 Nov. 16 
 
 St. Louis. 
 
 G. B. Lamar 
 
 10,000 
 
 Nov. 24 
 
 Watervliet. 
 
 The arms were all flint-lock muskets al- 
 tered to percussion, and were all sold at 
 $2.50 each, except those purchased by Cap- 
 tain G. Barry and by the Phillips county 
 volunteers, for which $2 each were paid. 
 
 The Mobile Advertiser sa^'s : " During the 
 past year 135,430 muskets have been quietly 
 transferred from the Northern arsenal at 
 Springfield alone, to those in the Southern 
 States. We are much obliged to Secretary 
 Floyd for the foresight he has thus dis- 
 played in disarming the North and equip- 
 ping the South for this emergency. There is 
 no telling the quantity of arms and muni- 
 tions which were sent South from other 
 Northern arsenals. There is no doubt but 
 that every man in the South who can carry 
 a gun can now be supj)lied from private or 
 public sources. The Springfield contribu- 
 tion alone w«uld ami all the militiamen of 
 Alabama and Mississippi." 
 
 General Scott, in his letter of December 
 2d, 1862, on the early history of the Rebel- 
 lion, states that " Rhode Island, Delaware 
 and Texas had not drawn, at the end of 
 1860, their annual quotas of arms for that 
 year, and Massachusetts, Tennessee, and 
 
315 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 Kentucky only in part; Virginia, South 
 Carolina, Georgia, Florida, Alabama, Louisi- 
 ana, Mississippi and Kansas were, by order 
 of the Secretary of War, supplied with their 
 quotas for Iftf)! in advance, and Pennsylva- 
 nia and Maryland in part." 
 
 This advance of arms to eight Southern 
 States is in addition to the transfer, about 
 the same time, of 115,000 muskets to South- 
 ern arsenals, as per Mr. Stanton's report. 
 
 Governor Letcher of Virginia, in his Mes- 
 sage of December, 1861, says, that for some 
 time prior to secession, he had been engaged 
 in purchasing arms, ammunition, etc. ; 
 among which were 13 Parrott rifled cannon, 
 and 5,000 muskets. He desired to buy from 
 the United States Government 10,000 
 more, when buying the 5,000, but he says 
 "the authorities declined to sell them to 
 us, although five times the number were 
 then in the arsenal at Washington." Had 
 Jefferson Davis' bill relative to the purchase 
 of arms become a law, the result might have 
 been different. 
 
 Sale of Arms to States. 
 
 January 9th, 1860. Mr. Jefferson Davis 
 of Mississippi introduced to the Senate a 
 bill " to authorize the sale of public arms to 
 the several' States and Territories, and to 
 regulate the appointment -of Superintend- 
 ents of the National Armories." 
 
 18th. He reported it from the Military 
 Committee without amendment. 
 
 February 21st. Mr. Davis. I should like 
 the Senate to take up a little bill which I 
 hope will excite no discussion. It is the 
 bill to authorize the States to purchase 
 arms from the National Armories. Tliere 
 are a number of volunteer companies tvant- 
 vng to purchase arms, but the States have 
 not a sufficient supply. I move to take up 
 the bill. 
 
 The motion "Was agreed to. 
 
 The bill is as follows : — 
 
 Section 1. That the Secretary of War be, 
 and he is hereby authorized to issue to any 
 State or Territory of the United States, on 
 application of the Governor thereof, arms 
 made at the United States Armories, to 
 such extent as may be spared from the pub- 
 lic supplies without injury or inconvenience 
 lo the service of the General Government, 
 upon payment therefor, in each case, of an 
 amount sufficient to replace, by fabrication at 
 the national armories, the arms so issued. 
 
 Section 2. That so much of the act ap- 
 proved August 5th, eighteen hundred and 
 fifty-four, as authorizes the appointment of a 
 civilian rs superintendent of each of the 
 national armories be, and the same is hereby 
 repealed, and that the superintendents of 
 these armories shall hereafter be selected 
 from officers of the ordnance corps. 
 
 After a brief discussion, it was made a 
 special order for February 23d. 
 
 23d. Its consideration was resumed. Mr. 
 
 Fessendcn calling for an explanation of the 
 reasons upon which the first section is 
 founded, 
 
 Mr. Davis said: "It is, that the volunteer 
 companies of the States desiring arms, may 
 purchase them of the Government manu- 
 facture. It is a long settled policy — and I 
 think a wise one on the part of the United 
 States — to furnish arms, of the approved pat- 
 tern for the public service, to the militia. 
 The appropriation which is made to supply 
 the militia with arms, has not been found 
 sufficient. There are constant applications 
 for arms beyond the quota. The Secretary 
 of War has no authority to issue them be- 
 yond the fixed allowance to each State, be- 
 ing its pro rata share of the arms wliicli 
 maybe made with $200,000. The Secretary 
 of War, under that pressure,- has this year 
 recommended that the appropriation for the 
 arming of the militia should be increased. 
 In the meantime, there are volunteer com- 
 panies with State appropriations anxious to 
 obtain arms if they will be furnished. If 
 the Congress thinks proper to exclude them 
 from the purchase of arms from the armories, 
 then they must go to private establishments, 
 and get patterns which are not those estab- 
 lished by the Government, arms which I be- 
 lieve to be inferior; and arms which, if they 
 were brought into the service of the United 
 States, in the event of the country being in- 
 volved in war, would not receive the ammu- 
 nition which the Government supplies. If 
 they are to biry arms at all, it is therefore 
 advantageous that they should buy the Gov- 
 ernment pattern." — Congressional Globe, 1st 
 Sessio7i, 3Gth Congress, Part 1, p. 862. 
 
 March 1st. Its consideration was re 
 sumed. 
 
 On motion of Mr. Trumbull of Illinois, ar 
 amendment was inserted in the first section, 
 requiring the payment "in cash, at the time 
 of delivery." It was debated further, without 
 a vote. 
 
 5th. Mr. Fessenden moved to add tho 
 following to the first section : 
 
 Provided, "^Phat the whole number of arms 
 which may be sold, as aforesaid, shall be 
 ascertained and determined in each year by 
 the Secretary of War, and no State or Ter- 
 ritory shall be allowed to purchase a num- 
 ber of arms bearing a greater proportion to 
 the whole number so ascertained and deter- 
 mined, than the Federal population of such 
 State or Territory bears to the aggregate 
 Federal population of all the States and Ter- 
 ritories of the Union, according to the cen- 
 sus of the United States next preceding such 
 purchase. 
 
 16th. Mr. Davis of Mississippi moved the fol- 
 lowmg as a substitute for the above proviso : 
 
 "That the sales of each year shall not ex- 
 ceed the increased manufacture which may 
 result from said sales; and that the whole num- 
 ber to be sold, if less than the requisition? 
 made, shall be divided between the States 
 applying to purchase, pro rata, as arms fur- 
 
SECESSION MOVEMENT DEVELOPED. 
 
 37 
 
 Qtbhecl by the United States are now distrib- 
 ut(^d." 
 
 Which was agreed to— yeas 28, nays 18, as 
 follows : 
 
 Yeas.— Messrs. Benjaraia, Bigler, Brapc', Briertit, Brown, 
 Clay, Clint,'m;iu, Critteuden, Davis, Fitch, Fitzpatrick, 
 Green, Gwiu, Hammoad, Hunter, Iverson, .Toliuson of 
 Arkansas, Johnson of Tennessee, Kennedy, Latham, Mal- 
 lory, Nicholson, Pearce, Powell, Sebastian, Thomson, 
 Toombs, and Wigfall— 2S. 
 
 Nays.— Messrs. Anthony, Bingham, Chandler, Clark, 
 Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, 
 Grimes, Hamlin, Harlan, Ten Eyck, Trumbull, Wade, 
 Wilkinson, aud Wilson— 18. 
 
 A party vote, Democrats in affirmative — 
 Republicans in negative. 
 
 The amendment as amended was then 
 adopted. 
 
 A motion to strike out the first section 
 was lost — yeas 20, nays 28. 
 
 March 26th. The bill passed — yeas 29, nays 
 18. 
 
 Nats.— Anthony, Bingham, Cameron, Chandler, Clark, 
 Collamer, Doolittle, Durkee, Fessenden, Foot, Grimes, 
 Hamlin, Harlan, King, Simmons, Sumner, Ten Eyck, aud 
 
 Wade. 
 
 During the debate, on March 28th, between 
 Mr. Simmons of Rhode Island, and Mr. Davis 
 of Mississippi, the latter made these remarks : 
 
 "The Senator runs into an error which 1 
 find very often prevails, that the militia of 
 the States are not a part of the Army of the 
 United States. It is our glory that the de- 
 fence of the country rests upon the people. 
 Be proposes, then, to arm the militia in 
 time of peace with a weapon which they will 
 not use in time of war." — Congressional 
 Globe, 1st Session, 36^7i Congress, Part 2, p. 
 1.351. 
 
 In the House, the bill was referred to the 
 Committee on Military A flairs, and was not 
 reported. 
 
 How the Telegraph was made to aid 
 in fcfFeeting Secession. 
 
 Senator Toombs has publicly declared in 
 Georgia that he would, under no circum- 
 stances, serve m the Senate after the in- 
 auguration of Mr. Lincoln. He said the 
 same thing in the following telegraphic 
 despatch to Mr. Keitt : 
 
 "Macon, November 14th, 18G0. 
 
 " To Hon. L. M. Keitt : I will sustain South 
 Carolina in secession. I have annoiinced to 
 the Legislature that I will not serve under 
 Lincoln. If you have the power to act, act at 
 once. We have bright prospects here. 
 
 "R. TboMBs." 
 
 SOUTHERN MANIFESTO. 
 
 Washingto7i, December 13th. 
 At the request of Hon. Reuben Davis of 
 Mississippi, member of the Committee of 
 States, the Southern members of Congress 
 asseml:)led at his rooms to-night and adj ourned 
 at eleven o'clock, at which the following 
 declaration was made and signed by those 
 present. It had already been presented to 
 the Committee of Thirty-three : 
 
 Washington, December 13th, 1860. 
 
 To our Constituents: The argument is ex- 
 hausted. All hope of relief in the Union, 
 through the agency of committees. Congres- 
 sional legislation, or constitutional amend- 
 ments, is extinguished, and we trust the 
 South will not be deceived by appearances 
 or the pretence of new guarantees. The Re- 
 publicans are resolute in the purpose to 
 grant nothing that will or ought to satisfy 
 the South. We are satisfied the honor, safety, 
 and independence of the Southern people are 
 to be found only in a Southern Confederacy 
 — a result to be obtained only by separate 
 State secession — and that the sole and pri- 
 mary aim of each slaveholding State ought to 
 be its speedy and absolute separation from 
 an unnatural and hostile Union. 
 
 Signed by J. L. Pugh, David Clopton, 
 Sydenham Moore, J. L. M. Curry, and J. A. 
 Stallworth of Alabama; Alfred Iverson, J. 
 W. H. Underwood, L. J. Gartrell, and Jas. 
 Jackson, (Senator Toombs is not here, but 
 would sign), John J. Jones, and Martin J. 
 Crawford of Georgia; Geo. S. Hawkins of 
 Florida. It is understood Mr. Yulee will 
 sign it. T. C. Hindman of Arkansas. Both 
 Senators will also sign it. A. G. Bro-wTi, 
 Wm. Barksdale, O. R. Singleton, and Reuben 
 Davis of Mississippi; Burton Craige and 
 Thos. Ruffin of North Carolina ; J. P. Ben- 
 jamin and John M. Landrum of Louisiana. 
 Mr. Shdell will also sign it. Senators Wig- 
 fall and Hemphill of Texas, will sign it. 
 
 Mr. Davis made the following statement 
 to the caucus : 
 
 Being a member of the Committee of 
 Thirty-three, I state that the above witnessed 
 despatch was communicated to the com- 
 mittee this evening, and a resolution passed 
 proposing no specific relief, eight Northern 
 States dissenting, avowedly intended to 
 counteract the eliect of the above despatch, 
 and, as I believe, to mislead the people of 
 the South. From informati«n derived from 
 Republican members of the committee and 
 other Northern Representatives, I fully con- 
 cur in the above despatch. 
 
 Reuben Davis. 
 
 The manifesto will be immediately com- 
 municated to the several constituencies of the 
 gentlemen named by telegraph. 
 
 A TELEGRAPHIC MANIFESTO FROM SENATOR 
 TOOMBS. 
 
 The Savannah Neivs of Monday, Decem- 
 ber 24th, publishes the following address to 
 the people of Georgia, telegraphed from 
 Washington, on Saturday, December 22d : 
 
 Fellow-Citizens of Georgia: I came here 
 to secure your constitutional rights, or to de- 
 monstrate to you that you can get no guar- 
 antees for these rights from your Northern 
 Confederates. 
 
 The whole subject was referred to a com- 
 mittee of thirteen in the Senate yesterday. 
 I was appointed on the committee and ac- 
 cepted the trust. I submitted propositions, 
 which, so far from receiving decided support 
 
88 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 from a sing-le member of the Republican 
 party on the committee, were all treated 
 with either derision or contempt. The vote 
 was then taken in committee on the amend- 
 ments to the Constitution proposed by Hon. 
 J. J. Crittenden of Kentucky, and each and 
 all of them were voted against, unanimously, 
 by the Black Republican members of the 
 coi.unittee. 
 
 la addition to these facts, a majority of 
 the Black Republican members of the com- 
 mittee declared distinctly that they had no 
 guarantees to offer, which was silently ac- 
 quiesced in by the other members. 
 
 The Black Republican members of this 
 Committee of Thirteen are representative 
 men of their party and section, and to the 
 extent of my information, truly represent 
 the Committee of Thirty-three in the House, 
 which on Tuesday adjourned for a week 
 witlioiit coming to any vote, after solemnly 
 pledging themselves to vote on all proposi- 
 tions then before them on that date. 
 
 That committee is controlled by Black 
 Republicans, your enemies, who only seek to 
 amuse you with delusive hope until your 
 election, in order that you may defeat the 
 friends of secession. If you are deceived by 
 them, it shall not be my fault. 1 have put the 
 test fairly and frankly. It is decisive against 
 you ; and now I tell you upon the faitli of a 
 true man that all further looking to the 
 North for security for your constitutional 
 rights in the Union ought to be instantly 
 abandoned. It is fraught with nothing but 
 ruin to yourselves and your posterity. 
 
 Secession by the fourth of March next 
 should be thundered from the ballot-box by 
 the unanimous voice of Georgia on the second 
 day of January next. Such a voice will be 
 your best guarantee for liberty, security, 
 
 TRANQUILLITY and GLORY. 
 
 Robert Toojibs. 
 
 IMPORTANT telegraphic CORRESPONDENCE. 
 
 Atlanta, Georgia, December 26th, 1860. 
 Eon. S. A. Douglas or Hon. J. J. Crittenden: 
 Mr. Toombs's despatch of the 22dinst. un- 
 settled conservatives here. Is there any 
 hope for Southern rights in the Union? We 
 are for the Union of our fathers, if Southern 
 rights can be preserved in it. If not, we are 
 for secession. Can we yet hope the Union 
 will be preserved on this principle ? You 
 are looked to in this emergency. Give us 
 your views by despatch, and oblige 
 
 William Ezzard. 
 
 Robert W. Sims. 
 
 James P. Hambleton. 
 
 Thomas S. Powell. 
 
 S. G. Howell. 
 
 J. A. Hayden. 
 
 G. W. Adair. 
 
 R. C. Honlester. 
 
 Washington, December 29th, 1860. 
 In reply to your inquiry, we have hopes 
 
 that the rights of the South, and of ever^vi 
 State and section, may be protected within 
 the Union. Don't give up the ship. Don't 
 despair of the Republic. 
 
 J. J. Crittenden. 
 
 S. A. Douglas. • 
 From the lialeigh Standard Extra of Jan- 
 tiary 2d. 
 The State Journal of to-day, one of tho 
 organs of the disunionists, contains a tele- 
 graphic despatch calculated, and no doubt 
 intended, to inflame the public mind and to 
 precipitate North Carolina into revolution. 
 This despatch, most probably sent here from 
 the Journal Office, Wilmington, is as foL 
 lows : 
 
 important ! — immediate return of legis- 
 lators TO their posts. 
 Wilmington, Dec. 31st, 8| p.m. 
 
 The following is the substance of a des- 
 patch received here this evening : 
 
 " Cabinet broken up in a row ; Floyd, 
 Thompson and Thomas have resigned ; the 
 President has gone over to the North. Fed- 
 eral troops on their way South. Our fort at 
 the mouth of Cape Fear will shortly be occu- 
 pied by troops for coercion. The citizens 
 of North Carolina call upon the Legislature 
 for advice and assistance." 
 
 The above produced great excitement in 
 our community. As soon as we saw it we 
 telegraphed to a well-informed and reliable 
 friend in Washington city, whose reply is as 
 follows : 
 
 " No troops ordered South. No new 
 ground for excitement known." 
 
 Special Despatch to the Republican. 
 Augusta, Ga., Jan. 1st. 
 
 A special despatch to the True Democrat, 
 of this city, dated at Washington, 3 o'clock, 
 P.M., to-day, says : 
 
 " The cabinet is broken up, Mr. Floyd, 
 Secretary of War, and Mr. Thompson, Sec- 
 retary of the Interior, having resigned. A 
 coercive policy has been adopted by the 
 Administration. Mr. Holt, of Kentucky, 
 our bitter foe, has been made Secretary of 
 War. Fort Pulaski is in danger. The Abo- 
 litionists are defiant." 
 
 This despatch is signed "Robert Toombs " 
 
 This spurious and inaccurate despatch 
 had a great influence, it is said, in deciding 
 the wavering vote of Georgia on the ques- 
 tion of union or disunion. 
 
 The Macon (Georgia) Telegraph of the 2d 
 instant, contains the following sensation 
 despatch from the President of the South 
 Carolina Convention. Of course it obtained 
 immediate currency throughout the South- 
 ern States : 
 
 Charleston, January 1st, 1861. 
 
 Mayor of Macon : The Convention of 
 South Carolina have directed me to send 
 you the following telegram just received 
 from our Commissioners at Washington : 
 
 " Holt has been appointed Secretary of 
 
SECESSION MOVEMENT DEVELOPED. 
 
 39 
 
 War. He is for coercion, and war is inevi- 
 table. We believe reinforcements are on 
 the way. Prevent their entrance into the 
 harbor at every hazard. 
 
 "D. F. Jamison, 
 "President South Carolina Convention." 
 
 From the New Orleans Delta. 
 
 THE SOUTH CAROLINA CONVENTION TO THE 
 CITY OP NEW ORLEANS. 
 
 The following highly-important despatch 
 from the President of the South Carolina 
 Convention, has been furnished to us for 
 publication by Mayor Monroe, to whom it 
 was addressed : 
 
 CJiarleston, January 1st. 
 
 To the Hon. John T. Monroe, Mayor of 
 New Orleans : The Convention of South 
 Carolina has directed me to send you the 
 following telegram, just received from ovir 
 Commissioners at Washington : 
 
 " Holt has been appointed Secretary of 
 War. He is for coercion, and war, we be- 
 lieve, is inevitable. We believe reinforce- 
 ments are on the way. We shall prevent 
 their entrance into the harbor at every haz- 
 ard. " D. F. Jamison, 
 
 " President South Carolina Convention." 
 
 From the National Intelligencer. 
 
 In January, when the Crittenden plan of 
 adjustment was voted down in the Senate, 
 rather because of the absence of Southern 
 Senators than by the strength of its oppo- 
 nents, we find from the St. Louis journals, 
 that a despatch was reported to have been 
 straightway sent from Washington to that 
 city by Senators Polk and Green, represent- 
 ing as follows : 
 
 " The Crittenden resolutions were lost by 
 a vote of 25 to 23. A motion of Mr. Cam- 
 eron to reconsider was lost ; and thus ends 
 all hope of reconciliation. Civil war is now 
 considered inevitable, and late accounts de- 
 clare that Fort Sumter will be attacked 
 without delay. The Missouri delegation 
 recommend immediate secession." 
 
 We need not say that no such despatch 
 was ever sent by these aentlemen. Yet, 
 says the St. Louis Republican, " all over 
 the city (St. Louis) it was spoken of as the 
 despatch from Messrs. Green and Polk." 
 
 The temporary rejection of the Critten- 
 den plan was in like manner pressed into the 
 service of the Secessionists in order to accel- 
 erate the pace of grave, deliberate, and 
 patriotic North Carolina. The Ealeigh 
 Register of the 19th instant contains the 
 following despatch, under the signature of 
 Mr. Crittenden himself, published to coun- 
 teract the disturbing effect of the exagger- 
 ated rumors which had been put in circulation 
 from this city : 
 
 " Washington, January 17th, 9 p. m. 
 " In reply, the vote against my resolu- 
 tions will be reconsidered. Their failure 
 was the rei>ilt of the refusal of six Southern 
 
 Senators to vo'e. There is yet good hope of 
 success." "John J. Crittendrn." 
 
 Senate, January 25th, 1861. 
 My Dear Sir : Mr. Crittenden is not 
 present, but I can say with confidence that 
 there is hope of adjustment, and the pros- 
 pect has never been better than now since 
 we first assembled. 
 
 Very truly, your fi iend, 
 
 S. A. Douglas. 
 We concur in the opinion that there is 
 hope of an adjustment. 
 
 J. J. Crittenden, 
 A. R. Boteler, 
 John T. Harris. 
 Hon. James Barbour. 
 In addition to the foregoing testimony on 
 the subject, we insert an extract of a letter 
 from the Hon. John S. Millson to Mr, Bar- 
 bour to the same effect : 
 
 " For myself, I say that I have never had 
 so confident an expectation as I have at this 
 time, of such a termination of the present 
 controversy as would be satisfactory to me, 
 and, I believe, to a large majority of the 
 people of Virginia." 
 
 TO THE PEOPLE OF VIRGINIA. 
 
 We deem it our duty, as your Represen- 
 tatives at Washington, to lay before you 
 such information as we possess in regard to 
 the probable action of Congress in the pre- 
 sent alarming condition of the country. 
 
 At the beginning of this session, now 
 more than half over, committees were ap- 
 pointed, in both Houses of Congress, to 
 consider the state of the Union. Neither 
 committee has been able to agree upon any 
 mode of settlement of the pending issues 
 between the North and the South. 
 
 The Republican members in both com- 
 mittees rejected propositions acknowledging 
 the right of property in slaves, or recom- 
 mending the division of the Territories 
 between the slaveholding and non-slave- 
 holding States by a geographical line. 
 
 In the Senate, the propositions commonly 
 known as Mr. Crittenden's were voted 
 against by every Republican Senator ; and 
 the House, on a vote by ayes and noes, 
 refused to consider certain propositions, 
 moved by Mr. Etheridge, which were even 
 less favorable to the South than Mr. Crit 
 tenden's. 
 
 A resolution giving a pledge to sustain 
 the President in the use of force against the 
 seceding States, was adopted in the House 
 of Representatives by a large majority ; 
 and in the Senate every Republican voted 
 to substitute for Mr. Crittenden's proposi- 
 tions resolutions offered by Mr. Clark of 
 New Hampshire, declaring no new con- 
 cessions, guarantees, or amendments to 
 the Constitution were necessary ; that the 
 demands of the South were unreasonable, 
 and that the remedy for the present danger 
 was simply to enforce the laws ; in other 
 words, coercion and war. 
 
SECESSION" MOVEMENT DEVELOPED. 
 
 In this state of facts, our duty is to warn 
 you that it is vain to liope for any measures 
 of conciliation or adjustment (from Con- 
 gress) M'hich you could accept. We are 
 also satisfied that the Republican party de- 
 signs, by civil war alone, to coerce the 
 Southern States, under the pretext of enforc- 
 ing the laws, unless it shall become speedily 
 apparent that the seceding States are so 
 numerous, determined and imited, as to 
 make such an attempt hopeless. 
 
 We are confirmed in these conchasions by 
 our general intercourse here ; by the 
 speeches of the Republican leaders here 
 and elsewhere ; by the recent refusals of the 
 Legislatures of Vermont, Ohio and Penn- 
 sylvania, to repeal their obnoxious Personal 
 Liberty Laws ; by the action of the Illinois 
 Legislature on resolutions approving the 
 Crittenden propositions, and by the adop- 
 tion of the resolutions in the New York and 
 Massachusetts Legislatures (doubtless to be 
 followed by others) offering men and money 
 for the war of coercion. 
 
 We have thus placed before you the facts 
 and conclusions which have become mani- 
 fest to us from this post of observation 
 where you have placed us. There is noth- 
 ing to be hoped from Congress — the remedy 
 is with you alone, w'hen you assemble in 
 sovereign Convention. 
 
 We conclude by expressing our solemn 
 conviction that prompt and decided action, 
 by the people of Virginia in Convention, 
 will afford the surest means under the Provi- 
 dence of God, of averting an impending 
 civil war, and preserving the hope of recon- 
 structing a Union already dissolved. 
 * J. M. Mason, 
 R. M. T. Hunter, 
 
 D. C. De Jarnette, 
 M. R. H. Garnett, 
 Shelton F. Leake, 
 
 E. S. Martin, 
 
 H. A. Edmundson, 
 Roger A. Pryor, 
 Thos. S. Bocock, 
 A. G. Jenkins. 
 Washington City, January 26th, 1861. 
 [Owing to the detention of Ex-Governor 
 Smith, at his home in Virginia, by sickness, 
 this address could not be presented to him 
 for his signature. There is no doubt he 
 would have joined in it, if present.] 
 
 STIRRING THE FIRES. 
 
 The Richmond Examiner of Friday last 
 contains the following despatch, intended to 
 "operate" on the election to be held in Vir- 
 ginia to-day : 
 
 " The following despatch fully explains 
 itself. The voters of Virginia cannot now 
 fail to perform their duty : 
 
 " ' Charleston, January 30th, 1861. 
 
 " ' To Judge Hopkins, Richmond, Vir- 
 ginia : Keinforcemer.ts have been ordered 
 
 to Fort Sumter and elsewnere. Will not 
 Virginia, by her Legislatiu'e, interpose to 
 prevent coercion ? It vn-IU be too late when 
 her Convention meets. 
 
 " J. S. Preston.' " 
 The Richmond Whig states that a similar 
 despatch was received by another distin- 
 guished member of the Legislature, " to 
 which, after consultation with many leading 
 members of the Legislature, a reply was 
 made to the effect that we, here, had heard 
 of no attempt at coercion, but that the 
 President was exerting himself to preserve 
 peace." 
 
 IN FEBRUARY. 
 
 From the Nashville Union of Fehruanj 6fh. 
 
 Virginia Despatches. — Our special des- 
 patch with regard to the Virginia election 
 is direct from Richmond, and is from the 
 Editors of the Richmond Enquirer. Of 
 course it is more reliable than the despatch 
 sent by the Associated Press of the same 
 date. 
 Special Despatch to Union and American. 
 
 Richmond, ( Va.) Feb. 5th. — Resistance 
 men have carried the Convention overwhelm- 
 ingly. Submission Unionists, not twenty 
 elected Enquirer. 
 
 Fro7n another column of the same paper. 
 the old dominion ! — all hail ! 
 
 A voice, as from the grave of the im- 
 mortal Washington, tells us that Virginia 
 will be true to her ancient, ever glorious, 
 historical renown. Throughout the length 
 of her immense territories only twenty 
 Submissionist Union men have been elected. 
 Virginia will before the 4th of March de- 
 clare herself absolved from all further ob- 
 ligation to a Government, etc. It is emi- 
 nently proper that the State which was the 
 leader in the Revolution, and the first to 
 proclaim the great doctrine of State-rights 
 in 1799, should lead the column of the 
 Border States. 
 
 From the Nashville Union of February 1th. 
 
 IMPORTANT DESPATCHES ! 
 
 Listen to the following glorious news 
 from old Virginia : 
 
 Richmond, Feb. 6th. — To Wm. Williams : 
 The Submissionists will not number thirty 
 in the Convention. The Resistance men 
 have more than one hundred elected. The 
 action of the Convention will be prompt as 
 soon as the Washington Conference ad- 
 journs. Enquirer. 
 
 Will Tennessee elect members to her 
 Convention that wish to wait, wait, wait 
 until Black Republicanism trample us in the 
 dust or kick us out ? 
 
 We are indebted (says the Charlotte Bul- 
 letin) to our much-esteemed Senator, the 
 Hon. T. L. Clingman, for the following 
 highly important-information, by telegrapl^ 
 dated : 
 
SECESSION MOVEMENT DEVELOPED. 
 
 41 
 
 Washington. Feb. 18th, 18G1. 
 Editor Bulletin: There is no chance 
 vhatever for Crittenden's proposition. 
 North Carolina must secede, or aid Lincoln 
 in making war on the South. 
 
 T. L. Clingman. 
 
 SlIASHINO OF THE PEACE CONFERENCE. 
 
 The following is part of a special telegram 
 to the Charleston Mercury, dated at Wash- 
 ington, Feb. 21st : 
 
 " The only hope now is in the smashing 
 up of the Peace Congress and getting Vir- 
 ginia out." 
 
 False Despatches. — The Fayetteville 
 (North Carolina) Observer, referring to false 
 telegraphic despatches sent out from Charles- 
 ton, says : " They are of a piece with the 
 stories circulated in Georgia to affect the elec- 
 tion in that State ; that which preceded the 
 mission of the Wilmington Committee to 
 Ealeigh; and that which resulted in the 
 treasonable seizure of Fort Caswell, whither 
 no troops have been or will be ordered. It 
 does not answer the purposes of those en- 
 gaged in disunion schemes to allow any 
 period of rest from excitement. The 'South- 
 ern heart ' must be ' fired,' that the South 
 may be ' precipitated into secession.' " 
 
 Other Secessions Proposed. 
 
 December i>^th. 1860. 
 
 Mr. John C. Burch offered the following 
 resolution, which was referred to the Com- 
 mittee on Military affairs : 
 
 That the Secretary of War be, and is 
 hereby, directed and required to issue to the 
 State of California quotas of arms for tlxe 
 years 1850 and 18.51, equal to the quota 
 issued to said State for the year 1852. 
 of such description as the authorities of 
 said State may require. 
 
 From California. 
 
 Fort Kearney, Feb. 5th. — The Pony Ex- 
 press from California on the 19th has ar- 
 rived. The Governor's message is strong 
 for the Union. The letters from Congress- 
 men Scott and Burch, advocating a Pacific 
 iiepublic, are severely denounced by the 
 papers. 
 
 From California. 
 
 Fort Kearney.— The Pony Express, bring- 
 ing California news as late as the 29th ultimo, 
 has arrived. 
 
 Senator Latham's declaration that Cali- 
 fornia will remain with the Union of the 
 Northern and Western States is generally 
 commended by the newspapers. They vm- 
 doubtedly present a correct representation 
 of a vast majority of the people of the 
 State. 
 
 From the California correspondent of the 
 N ew York World, written in the winter of 
 1860: 
 
 CALIFORNIA FOR THE UNION. 
 
 On Friday last the Assembly passed a 
 seiies of most warm and decided Union 
 
 resolutions, declaring the rebellion in the 
 South to be treasonable, and recommending 
 the use of such force as may be found ne- 
 cessary to vindicate the laws and preserve 
 the Union. The final vote was, ayes 40, 
 nays 22. The ofScial synopsis of the reso- 
 lutions is as follows : 
 
 Resolved, By the Assembly, the Senate 
 concurring. First. The withdrawal of a 
 State from its membership and obligations 
 in the Federal Union, in defiance of the 
 General Government, can only be accom- 
 plished by a successful resistance to the 
 whole power of the United States. Second. 
 Decent respect to the opinions of the people 
 of the civilized world, and the instinct of 
 self-preservation demands that the United 
 States Government should use all the power 
 necessary to enforce obedience to its laws 
 and to protect its property. TJnrd. The 
 people of the State of California will sustain 
 and uphold the constitutionally-elected offi- 
 cers of the United States Government, in 
 all constutional eff'orts to preserve the in- 
 tegrity of the Union, and to enforce obe- 
 dience to the acts of Congress and the de- 
 cisions of the coiirts. After the laws have 
 been enforced, and the power and authority 
 of the Constitution and Government of the 
 United States recognized and acknowledged, 
 every feeling of nationality and brotherhood 
 demand that such compromises as are con- 
 sistent with justice shall be made for the 
 purpose of restoring that harmony which 
 should characterize the people of a common 
 comitry. 
 
 The majority vote was given by moderate 
 Douglas Democrats and Republicans, the mi- 
 nority by Brockenridge men, who did not 
 conceal, but on the contrary loudly boasted 
 their approval of the secession of the South, 
 and spoke with the utmost enthusiasm of the 
 Southern Confederacy and President Davis. 
 The conflict of feeling on this subject in 
 California is more intense than elsewhere, 
 because it is between Northern and Southern 
 men who are contending for asceiidancy in 
 the State. Many of the latter, however, 
 refuse to accept the disunion issue, and de- 
 clare their intention to fight the battle of 
 the South in the Union. 
 
 The result was received with most hearty 
 applause, proving the devotion of our peo- 
 ple to the Union, and their love of country. 
 Considering the outrageously-treasonable 
 speeches that have been made during the 
 sessions, and the symptoms of approval 
 elicited by them, chiefly from secessionists 
 in the employ of the State, this evidence of 
 patriotic feeling is especially gratifying. 
 
 A Pacific Repubplic. — The Shasta Her- 
 ald, of Saturday, in discussing poUtical 
 matters, says : 
 
 '•If disunion does come, neither North 
 nor South need look for aid and comfort 
 from the Pacific coast. The Almighty has 
 piled up the elements along these shores for 
 a great empire, and if it needs he can make 
 
42 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 it one. We have no such interest that 
 would demand an alliance with either of the 
 belligerents upon the other side. We are, 
 and luive been for ten years, as fully sepa- 
 rated from them as though we were but a 
 foreign colony. This coast can stand alone, 
 and if disunion between Nortn and South 
 ever comes, it will stand alone and indepen- 
 dent. When that day comes — if unfortunate- 
 ly it should ever come — then ' Long Uve the 
 Pacific Republic !' " 
 
 To which the San Francisco Bee respond- 
 «d in opposition : 
 
 We have frequently mentioned the ex- 
 istence of an organization in California, 
 having for its object the establishment of a 
 Pacific Republic on this coast, in accordance 
 with the treasonable recommendations of 
 Scott and Burch. We should have taken 
 some pains to learn the names of the leaders 
 of the movement, that they might be held 
 up to the scorn and ridicule of a union-lov- 
 ing people, had we not been satisfied, iis we 
 now are, that the scheme would be frowiied 
 down the moment it was openly advocated. 
 But two of the ninety journals in Cahfornia 
 have ventured to offer a word in favor of the 
 movement, and they were actuated, we ira- [ 
 agine, more by a spirit of bravado than a ' 
 hope of success. Aside from a few dis- 
 appointed office-seekers, there are not to be 
 found to-day in California, outside of the 
 State prison, a thousand voices to give en- 
 couragement to the treason. With less to 
 thank'the Union for than any other portion 
 of the Confederacy, the people of the Pa- 
 cific are prepared to make any sacrifice to 
 maintain it — to suffer every neglect rather 
 than sever their connection with it. Still a 
 Pacific Republic is talked of, and a con- 
 spiracy, with the focus in San Francisco, 
 is poisoning the land. One of its leading 
 branches, we learn by the Appeal, is in 
 Marysville. It is a secret organization, and 
 is " forming," says the journal, " in a section 
 of counti-y lying back of the Buttes, with a 
 view to establish a military company, pledged 
 to the maintainance of a Pacific Repubhc. 
 They will apply to the State for arms under 
 the covert pretence of an organization un- 
 der the State militia law. These misguided 
 men have been deluded into the belief by 
 their leaders that the Union is irretrievably 
 gone to pieces, and the only hope for Cali- 
 fornia is the immediate establishment of 
 an independent government." The raising 
 of the " bear flag," at Stockton, some days 
 since, was probably a part of the programme. 
 We are anxious to see the faces of some of 
 these revolutionists — to note the mark with 
 which treivson brands its votaries. — Sjji 
 Francisco Mirror. 
 
 SOUTH AND NORTHWEST. 
 
 The Cincinnati Gazette, in the winter of 
 1860, states : 
 
 We are most reliably informed that there 
 are agents of the Gulf States now in the 
 
 city endeavoring to create a sentiment 
 among business men favorably to the es- 
 tablishment of a Confederacy composed of 
 the Northern and Southwestern States. A 
 well-known leader among the democracy has 
 been approached, our information goes to 
 show, within the past two or three days, by 
 these agents, with a view of obtaining his 
 influence, but he declined to have any thing 
 to do with so traitorous a scheme, as he is 
 a staunch Union man. The object is to 
 make free-trade the basis of the confederacy 
 — to cut oft' New York, Pennsylvania, New 
 Jersey, and all the New England States, 
 which are so wedded to a protective taritf. 
 These Southern gentlemen state that there 
 are agents of the Gulf States throughout 
 all tlie northwestern States, who are making 
 similar overtures, and that it is their aim to 
 spring the issue soon among the citizens of 
 those States. 
 
 Mayor Wood's Recommendation of the 
 Secession op New York City, Janu- 
 ary 6th, 1861. 
 T'o the Honorable the Common Council: 
 
 Gentlemen : We are entering upon the 
 public duties of the year uiider circum- 
 stances as unprecedented as they are gloomy 
 and painful to contemplate. The great 
 trading and producing interests of not only 
 the city of New York, but of the entire 
 country, are prostrated by a monetary cri 
 sis ; avid although similar calamities have 
 before befallen us, it is the first time thai 
 they have emanated from. causes having no 
 other origin than that which may be trace- 1 
 to political disturbances. Truly, may i( 
 now be said, " We are in the midst of :\ 
 revolution hloodless as vet." Whether tho 
 dreadful alternative implied as probable in 
 the conclusion of this prophetic quotation 
 may be averted, "no human ken can rii 
 vine." It is quite certain that the sevei ity 
 of the storm is imexampled in our history, 
 and if the disintegration of the Federal 
 Government, with the consequent destrnc- 
 tion of all the material interests of the peo- 
 ple shall not follow, it will be owing moro 
 to the interposition of Divine Providojico, 
 than to the inherent preventive power oi" our 
 institutions, or the intervention of any otlier 
 human agency. 
 
 It would seem that a dissolution of tho 
 Federal Union is inevitable. Having been 
 formed originally on a basis of genera) iird 
 mutual protection, but separate local indo- 
 pendence — each State reserving the cnliro 
 and absolute control of its own domestic 
 affairs, it is evidently impossible to keej) 
 t]\em together longer than they deem them- 
 selves fairly treated by each other, or longer 
 than the interests, honor and fraternity of 
 the people of the several States an i'siWv,- 
 fied. Being a Government created ly 
 opinion, its continuance is dependcvil upon 
 the continuance of the sentiment whic*i 
 formed it. It cannot be preserved by 
 
SECESSION MOVEMENT DEVELOPED. 
 
 43 
 
 coercion or held topfether by force. A 
 resort to this last dreadful alternative would 
 of itself destiny not only the (Jovernraent, 
 but the lives and property of the people. 
 
 If these forebodincs shall be realized, and 
 a separation of the States shall occur, mo- 
 mentous considerations will be presented to 
 the corporate authorities of this city. 
 We must provide for the new relations 
 which will necessarily grow out of the new 
 condition of public affairs. 
 
 It will not only be necessary for us to 
 settle the relations which we shall hold to 
 other cities and States, but to establish, if 
 we can, new ones with a portion of our own 
 State. Being the child of the Union, having 
 drawn our sustenance from its bosom, and 
 arisen to our present power and strength 
 through the vigor of our mother — when de- 
 prived of her maternal advantages, we must 
 rely upon our own resources and assume a 
 position predicated upon the new phase 
 which public affairs will present, and upon 
 the inherent strength which oiir geographi- 
 cal, commercial, political, and financial pre- 
 eminence imparts to us. 
 
 With our aggrieved brethren of the Slave 
 States, we have friendly relations and a 
 common s^nnpathy. We have not partici- 
 pated in the warfare upon their constitu- 
 tional rights or their domestic institutions. 
 While other portions of our State have un- 
 fortunately been imbued with the fanatical 
 spirit which actuates a portion of the people 
 of New England, the city of New York has 
 unfalteringly preserved the integrity of its 
 principles in adherence to the compromises 
 of the Constitution and the equal rights of 
 the people of all the States. We have re- 
 spected the local interests of every section, 
 at no time oppressing, but all the while aid- 
 ing in the development of the resources of 
 the whole country, j' Our ships have pene- 
 trated to every clime, and so have New 
 York capital, energy and enterprise found 
 their way to every State, and, indeed, to 
 almost every county and town of the Amer- 
 ican Union. If we have derived sustenance 
 from the Union, so have we in return dis- 
 seminated blessings for the common benefit 
 of all. Therefore, New York has a right to 
 expect, and should endeavor to preserve a 
 continuance of uninterrupted intercourse 
 with every section. 
 
 It is, however, folly to disguise the fact 
 that, judging from the past,^New York may 
 have more cause of apprehension from the 
 aggressive legislation of our own State 
 than from external dangers. We have 
 already largely suffered from this cause. 
 For the past five years, our interests and 
 corporate rights have been repeatedly 
 trampled upon. Being an integral portion 
 of the State, it has been assumed, and in 
 effect tacitly admitted on our part by non- 
 resistance, that all political and govern- 
 mental power over us rested in the State 
 Legislature. Even the common right of 
 
 taxing ourselves for our own government, 
 has been yielded, and we are not permitted 
 to do so without this authority. * * * 
 
 Thus it will be seen that the political con- 
 nection between the peojjle of the city and 
 the State has been used by the latter to our 
 injury. The Legislature, in which the pres- 
 ent partizan majority has the power, has 
 become the instrument by which we are 
 plundered to enrich their speculators, lobby 
 agents, and Abolition politicians. Laws 
 are passed through their malign influence 
 by which, under forms of legal enactment, 
 our burdens haveJaeen increased, our sub- 
 stance eaten out, and our municipal liber- 
 ties destroyed. Self-government, though 
 guaranteed by the State Constitution, and 
 left to every other county and city, has 
 been taken from us by this foreign power, 
 whose dependents have been sent among us 
 to destroy our libei'ties by subverting our 
 political system. 
 
 How we shall rid ourselves of this odious 
 and oppressive connection, it is not for nae 
 to determine. It is certain that a dissolu- 
 tion cannot be peacefully accomplished, 
 except by the consent of the Legislatiire it- 
 self. Whether this can be obtained or not, 
 is, in my judgment, doubtful. Deriving so 
 much advantage from its power over the city, 
 it is not probable that a partizan majority will 
 consent to a separation — and the resort to 
 force by violence and revolution must not 
 be thought of for an instant. We have 
 been distinguished as an orderly and law- 
 abiding people. Let us do nothing to for- 
 feit this character, or to add to the present 
 distracted condition of public affairs. 
 
 Much, no doubt, can be said in favor of 
 the jiistice and policy of a separation. It 
 may be said that secession or revolution in 
 any of the United States would be subver- 
 sive of all Federal authority, and, so far as 
 the Central Government is concerned, the 
 resolving of the community into its original 
 elements — that, if part of the States form 
 new combinations and Governments, other 
 States may do the same. California and 
 her sisters of the Pacific will no doubt set 
 up an independent Kepublic and hiisbiind 
 their own rich mineral resources. The 
 Western States, equally rich in cereals and 
 other agricultural products, will probably 
 do the same. Then it may be said, why 
 should not New York city, instead of sup- 
 porting by her contributions in revenue 
 two-thirds of the expenses of the United 
 States, become also equally independent ? 
 As a free city, with but nominal duty on 
 imports, her local Government could be 
 supported without taxation upon her peo- 
 ple. Thus we could live free from taxes, 
 and have cheap goods nearly duty free. In 
 this she would have the whole and united 
 support of the Southern States, as well as 
 all the other States to whose interests and 
 rights iinder the Constitution she hag 
 always been true. 
 
M 
 
 SECi^SSION MOVEMENT DEVELOPED. 
 
 It is woU for individuals or commimities 
 to look every danger square in the face, and 
 to meet it calmly and bravely. As dreadful 
 as the severing of the bonds that have 
 hitherto united the States has been in con- 
 templation, it is now apparently a stern and 
 inevitable fact. We have now to meet it 
 with all the consequences, whatever they 
 may be. If the Confederacy is broken up 
 the Government is dissolved, and it behooves 
 every distinct community, as well as every 
 individual, to take care of themselves. 
 
 When Disunion has become a fixed and 
 certain fact, why may not New York dis- 
 rupt the bands which bind her to a venal 
 and corrupt master — to a people and a party 
 that have plundered her revenues, attempted 
 to ruin her commerce, taken away the power 
 of self-government, and destroyed the Con- 
 federacy of which she was the proud 
 Empire City ? Amid the gloom which the 
 present and prospective condition of things 
 must cast over the country, New York, as 
 a Free City, may shed the only light and 
 hope of a future reconstruction of our once 
 blessed Confederacv. 
 
 But I am not prepared to recommend the 
 violence implied in these views. In stating 
 this argument in favor of freedom, "peacea- 
 bly if we can, forcibly if we must," let me 
 not be misunderstood. The redress can 
 be found only in appeals to the magnanimity 
 of the people of the whole State. The 
 events of the past two months have no 
 doubt effected a change in the popular senti- 
 ment of the State and National politics. 
 This change may bring us the desired relief, 
 and we may be aljle to obtain a repeal of 
 the law to which I have referred, and a con- 
 Bsquent restoration of our corporate rights. 
 Fernando Wood, Mayor. 
 
 January 6th, 1861. 
 
 Personal Liberty Laws. 
 
 Among the grievances mentioned by the 
 South Carolina Convention was the exist- 
 ence in Northern States of " Personal Lib- 
 erty Laws." We give from the National 
 Intelligencer of December 11th, 1860, a 
 summary of these laws, except that of Mas- 
 sachusetts, which has been condensed moi'e 
 accurately than was there published : 
 
 MAINE. 
 The laws of this State provide that no 
 sheriff, deputy sheriff, coroner, constable, 
 iailer, justice of the peace, or other officer 
 of the State shall arrest or detain or 
 aid in so doing, in any prison or building 
 belonging to this Stats, or in any county or 
 town, any person on account of a claim on 
 htm as a fugitive slave, under a penalty not 
 exceeding one thousand dollars, and make 
 it the duty of all county attorneys to repair 
 to the place where such person is held in 
 custody, and render him all necessary and 
 legal assistance in making his defence 
 against said claim. 
 
 NEW HAMPSHIRE. 
 
 The law of the State declares that slaves, 
 coming or brought into the State, by or 
 with the consent of the master, shall be 
 fi-ee ; declares tlie attempt to hold any per- 
 son as a slave within the State as a felony, 
 with a penalty of imprisonment of not less 
 than one nor more than five years ; provi- 
 ded, that the provisions of this section shall 
 not apply to any act lawfully done by any 
 officer of the United States, or other person, 
 in the execution of any legal process. 
 
 VERMONT. 
 
 This State, by her several acts of 1843, 
 1850 and 1858, provides that no court, jus- 
 tice of the peace or magistrate, shall take 
 cognizance of any certificate, warrant, or 
 process imder the fugitive slave law ; pro- 
 vides that no officer, or citizen of the State, 
 shall arrest, or aid, or assist in arresting, 
 any person for the reason that he is claimed 
 as a fugitive slave ; provides that no ofiicer 
 or citizen shall aid or assist in the removal 
 from the State of any person claimed as a 
 fugitive slave ; provides a penalty of one 
 thousand dollars, or imprisonment five 
 years in State prison for violating this act. 
 This act, however, shall not be construed to 
 extend to any citizen of the State acting as 
 a Judge of the Circuit or District Court of 
 the United States, or as Marshal or Deputy- 
 Marshal of the District of Vermont, or to 
 any person acting under the command or 
 authority of said Courts or Marshal. Re- 
 quires the State's attorneys to act as coun- 
 sel for alleged fugitives ; provides for issuing 
 habeas corpus and the trial by jury of all 
 questions of fact in issue between the par- 
 ties ; and ordains that every person who 
 may have been held as a slave, who shall 
 come, or be brought, or be in the State, 
 with or without the consent of his or her 
 master or raistress, or who shall come, or 
 be brought, or be involuntarily, or in any 
 way, in this State, shall be free. It is also 
 provided that every person who shall hold, 
 or attempt to hold, in this State, in slavery, 
 or as a slave, any person mentioned as a 
 slave in the section of this act, relating to 
 fugitive slaves, or any free person in any 
 form, or for any time, however short, under 
 the pretence that such person is or has been 
 a slave, shall, on conviction thereof, be 
 imprisoned in the State prison for a term 
 not less than one year nor more than fifteen 
 years, and be fined not exceeding two thou- 
 sand dollars. 
 
 MASSACHUSETTS. 
 Tliat of IS60. 
 The Governor to appoint commissioners 
 in each county to defend alleged fugitives 
 from service or labor, who shall secure to 
 them impartial trials by jury : and the 
 alleged fugitives may have the services 
 of any attorney whose assistance may be de- 
 sired. 
 
SECESSION MOVEMENT DEVELOPED. 
 
 45 
 
 All the expenses of the defence of alleged 
 fugitives to be paid by the commonwealth. 
 
 Persons holding office under this State 
 not to issue process for the arrest of alleged 
 fugitives, nor to serve the same, nor to do 
 any official act in furtherance of the execu- 
 tion of the fugitive slave law of 1793 or that 
 of 1850. Any justice of the peace offending 
 against this provision to forfeit not exceed- 
 ing one thousand dollars, or be imprisoned, 
 in jail, not exceeding one year, for each 
 offence. 
 
 The jails and other prisons of the State 
 not to be used for the detention or imprison- 
 ment of any person accused or convicted of 
 any offence created by either of the said acts 
 ■ of Congress ; or accused or convicted of re- 
 sisting any process issued under either of 
 them, or of rescuing or attempting to rescue 
 any person detained under the provisions of 
 either of said acts ; nor for the imprisonment 
 of a person arrested on mesne process or exe- 
 cution in a suit for damages in consequence 
 of aid rendered to any fugitive escaping from 
 service or labor. 
 
 "Whoever removes from this State or 
 assists in so doing, or comes into the State 
 with the intention of removing or assisting 
 in the removing therefrom, or procures or 
 assists in procuring to be so removed, any per- 
 son who is not "held to service or labor" by 
 the "party" making "claim," or has not 
 " escaped" from the "party" making " claim" 
 or whose "service or labor" is not "due" to 
 the party making "claim" within the mean- 
 ing of the words of the Constitution of the 
 United States, or the pretence that such 
 person is so held or has escaped or that his 
 "service or labor" is so "due" or with the 
 intent to subject him to such "service or 
 labor," shall be punished by fine not less 
 than one thousand nor exceeding five thou- 
 sand dollars, and by imprisonment in the 
 State prison not less than one nor more 
 than two years. 
 
 And any person sustaining wrong or in- 
 jury by any proceedings punishable as afore- 
 said, may maintain an action and recover 
 damages therefore. 
 
 Sheriffs, deputy-sherffs and others, state, 
 county, city, district and town officers, and 
 officers of the volunteer militia forbidden to 
 arrest, imprison, detain, or return, or aid in 
 so doing, any person for the reason that he 
 is claimed or adjudged to be a fugitive from 
 service or labor, shall be punished by fine 
 not less than one thousand and not exceed- 
 mg two thousand dollars, and by imprison- 
 ment in the State prision not less than one 
 nor exceeding two years. 
 
 The volunteer militia not to aid in the 
 seizure, detention or rendition of a person 
 for the reason that he is claimed or adjudged 
 to be a fugitive from service or labor. Any 
 member thereof offending against this pro- 
 vision, to be punished by fine not less than 
 one thousand nor more than two thousand 
 dollars, and by imprisomnent in the State 
 
 prison for not less than one nor more than 
 two years. 
 
 The penalties prescribed by the two pre- 
 ceding sections not to apply to any act of 
 military obedience performed by an officer 
 or private of the militia. 
 
 The preceding sections not to apply to 
 fugitives from justice. United vStates judi- 
 cial officers not to hold any judicial office 
 under the constitution and laws of this State, 
 except that of justice of the peace. 
 
 No justice of the peace, while holding the 
 office of a Commissioner of the United States 
 Circuit Court, shall have authority to grant 
 any warrant or to issue any process, civil or 
 criminal, other than summons to witnesses, 
 or hear and try any cause, civil or criminal, 
 under the laws of this State. 
 
 ACT APPROVED MARCH 25tH, 1861. 
 
 Sec. 1. Writ of habeas corpus returnable 
 before the Supreme Judicial Court except 
 in cases mentioned in Sections 30 and 32, 
 Chap. 144 of General Statutes. 
 
 Sec. 2. On a trial upon a writ of habeas 
 corpus, under sec. 19 of same act, issues to 
 be framed under direction of the court, and 
 rules of evidence, etc., to be those of the 
 common law. 
 
 Sec. 3. A person not to be taken by writ 
 of habeas corpus out of the custody of the 
 U. S. JNIarshal, or his deputy, holding him 
 by legal process issued by court of competent 
 jurisdiction, provided, that the Supreme 
 Judicial Court may investigate and deter- 
 mine upon the validity and legal effect of 
 any process which may be relied upon to 
 defeat the writ, or any other matter prop- 
 erly arising. 
 
 Sec. 4. No person to be punished, who, 
 without any false pretence or unlawful intent, 
 claims another person as a fugitive from 
 service or labor. 
 
 Sec. 5. The right of any officer or court to 
 call out the militia for the prevention or 
 suppression of any riot or mob, is not pro- 
 hibited by the 144th chapter aforesaid; the 
 officers or members of the volunteer militia 
 not excused from obeying any lawful order, 
 or liable to any penalty for executing the 
 same ; provided, that the militia shall not be 
 used to hinder the service of any lawful pro- 
 cess of this commonwealth. 
 
 CONNECTICUT. 
 The State of Connecticut provides that 
 every person who shall falsely and mali- 
 ciously declare, represent, or pretend that 
 any free person entitled to freedom is a slave, 
 or o^^'es service or labor to any person or 
 persons, with intent to procure or to aid or 
 assist in procuring the forcible removal of 
 such free person from this State as a slave, 
 shall pay a fine of $.5,000 and be imprisoned 
 five years in the Connecticut State prison ; 
 requires two witnesses to prove that any 
 person is a slave or owes labor ; denounces a 
 penalty of $5,000 against any person seizing 
 
46 
 
 SECESSION MOVEMENT DEVELOPED. 
 
 or cansing to ho. seized any free person with 
 intent to reduce him to slavery; depositions 
 not to bo admitted as evidence ; witnesses 
 testifying falsely, liable to §5,000 fine and five 
 years imprisonment. 
 
 RHODE ISLAND. 
 
 This State by her lep^islation forbids the 
 carryinac away of any person by force out of 
 the State ; forbids any judge, justice, magis- 
 trate, or court from officially aiding in the 
 arrest of a fugitive slave under the fugitive 
 slave law of 1703 or 1850 ; forbids any sheriff 
 or other officer from arresting or detaining 
 and person claimed as a fugitive slave ; pro- 
 vides a penalty of $500, or imprisonment 
 not exceeding six months, for violating the 
 act ; denies the use of her jails to the United 
 States for the detention of fugitive slaves. 
 
 NEW YORK. 
 
 The State of New York has passed no 
 laws having relation to the United States 
 fugitive slave act of 1850. Though pressed 
 frequently upon the I^egislature, they have 
 always failed of adoption. The old and ob- 
 solete act of 1840, entitled " An act to extend 
 the right of trial by jury," extends the trial 
 by jury to the cases of persons arrested as 
 fugitive slaves ; but in the fourth edition of 
 the laws of the State, as prepared and pub- 
 lished by Hon. Hiram Denio, at present 
 Chief Justice of the Court of Appeals, may 
 be found appended to the chapter containing 
 this law the following note : 
 
 "Jn Ad to Extend the Right of Trial by 
 Jury, passed May 6th, 1840. — The decision 
 of the Supreme Coiirt of the United States, 
 in Prigg vs. the Commonwealth of Penn- 
 sylvania, 16 Peters' R. 539, establishes the 
 doctrine that all State laws calculated to 
 interfere with the third subdivision of sec- 
 tion 2, article 4, of the Constitution of the 
 United States are unconstitutional. Since 
 that decision the fugitive slave law (Laws of 
 Congress, 1850, chap. 60) has been passed, 
 containing provisions repugnant to the 
 whole of this act. It is therefore of no 
 force ; but, as it never has been repealed, it is 
 here inserted." 
 
 NEW JERSEY. 
 The State of New Jersey has no statutes 
 bearing on this subject save those which 
 enjoin upon her State officers the duty of aid- 
 ing in the recovery of fugitive slaves. Per- 
 sons temporarily residing in the State are 
 also permitted to bring with them and re- 
 tain their domestic slaves. 
 
 PENNSYLVANIA. 
 
 The State of Pennsylvania has not for- 
 mally and specially legislated at all against 
 the United States iugitive slave law of 1850, 
 though there was an old statute of 1847 
 which prohibited any judge, justice of the 
 peace, or alderman from taking cognizance 
 of the case of any fugitive from labor, " un- 
 
 der a certain act of Congress passed on the 
 12th day of February, 1793." During the 
 last session of her Legislature the Commis- 
 sioners appointed to revise and amend the 
 Penal Laws of Pennsylvania (John C. Knox, 
 Edward King, and David Webster) made a 
 report to the Legislature that they had com- 
 pleted their labors, and the result was pre- 
 sented in the shape of a bill entitled " An 
 act to consolidate, revise and amend the 
 Penal LaM-s of this Commonwealth." That 
 report, on the thirty-first day of March, 
 18G0, was enacted into a law, and by the 
 ninety-fifth section it is enacted as follows : 
 
 "No Judge of any of the Courts of this 
 Commonwealth, nor any Alderman or Jus- 
 tice of the Peace of said Commonwealth, 
 shall have jurisdiction or take cognizance of 
 the case of any fugitive from labor from any 
 of the United States or Territories under any 
 act of Congress, nor shall any such Judge, 
 Alderman, or Justice of the Peace of this 
 Commonwealth issue or grant any certificate 
 or warrant of removal of any such fugitive 
 from labor, under any act of Congress ; and 
 if any Alderman or Justice of the Peace of 
 this Commonwealth shall take cognizance or 
 jurisdiction of the case of any such fugitive, 
 or shall grant or issue any certificate or 
 warrant of removal, as aforesaid, then, and 
 in either case, he shall be deemed guilty of 
 a misdemeanor in office, and shall, on con- 
 viction thereof, be sentenced to pay, at the 
 discretion of the Court, any sum not ex- 
 ceeding one thousand dollars, the one-half to 
 the party prosecuting for the same, and the 
 other half to the use of this Commonwealth." 
 
 The theory of this law, it will be seen, is 
 founded strictly on the decision of the Su- 
 preme Court of the United States in the 
 Prigg case, and does not interfere with the 
 functions of the Commissioner appointed 
 under the United States law. 
 
 MICHIGAN.* 
 
 The law of this State requires State's 
 attorneys to act as counsel for fugitive 
 slaves ; secures to persons arrested as fugi- 
 tive slaves the benefits of the writ of habeas 
 corpus, and trial by jury ; denies use of 
 State jails for detention of alleged fugitives ; 
 requires that identity of fugitive slaves 
 shall be proved by two credible witnesses, or 
 by legal evidence equivalent thereto, and 
 provides a fine of not less than five hundred 
 nor more than one thousand dollars, and 
 imprisonment in State prison for five -years, 
 for forcibly seizing, or causing to be seized, 
 any free person, with intent to have such 
 person held in slavery. 
 
 IOWA. 
 
 This State has no legislation on the sub- 
 ject. 
 
 * March, 1861. A bill to repeal this was indefinitely 
 postponed in the House by a vote oT 43 to 24 
 
SECESSION MOVEMENT DEVELOPED. 
 
 47 
 
 WISCONSIN. 
 
 The law of this State enjoins on the dis- 
 trict attorneys the duty of acting as counsel 
 for alleged fugitive slaves; secures to such 
 per?.ons the benefits of the writ of habeas 
 r.orpus ; provides for appeal to be taken to 
 next stated term of the Circuit Court ; se- 
 cures trial by jury ; enjoins a penalty of one 
 thousand dollars and imprisonment of not 
 more than five nor less than one year on all 
 who " falsely and maliciously represent any 
 free person to be a slave" ; identity of alleged 
 fugitive slave to be proved by two credible 
 witnesses ; no deposition to be received in 
 evidence. It is also provided that — 
 
 " No judgment recovered against any per- 
 son or persons for any neglect or refusal to 
 obey, or any violations of, the act of Con- 
 gress commonly termed the ' Fugitive Slave 
 Act,' approved September eighteenth, one 
 thousand eight hundred and fifty, or any of 
 the provisions thereof, shall be a lien on 
 any real estate within this State, nor shall 
 any such judgment be enforcable by sale or 
 execution of any real or personal property 
 within this State ; but all such sales shall be 
 absolutely void; and in case of seizure or 
 sale of any personal property, by virtue of 
 any execution issued on such judgment, the 
 defendant in said execution may maintain 
 an action in replevin, or other action to 
 secure possession thereof, in the manner 
 yirovided by law for such actions, on affidavit 
 filed as required by law, and a further state- 
 ment therein that said execution issued in a 
 judgment rendered under the provisions of 
 the act of Congress aforesaid ; and the pro- 
 visions of this section shall also apply to 
 Judgments heretofore rendered." 
 
 OHIO, INDIANA, ILLINOIS, MINNE- 
 SOTA, CALIFORNIA AND OREGON. 
 
 We cannot find that these States have any 
 laws in force on the subject. 
 
 Notes. 
 
 In Vermont liOgiskiture, Nov., ISGO, a 
 majority of the Committee qS Plouse of 
 Representatives reported in favor of the re- 
 peal of the above law, but their proposition 
 was rejected by a vote of two to one. 
 
 In Maine, a repeahng bill passed the Sen- 
 ate — yeas 17, yeas 10, and failed in the 
 House. 
 
 In Massachusetts, a modifying bill was 
 passed. For detail, see under "Massachusetts." 
 
 In Rhode Island, a repeahng bill passed 
 the Senate — yeas 21, nays 9; the House — 
 yeas 49. nays 18. 
 
 In Michigan, a repealing bill was indc fi- 
 nitely postponed in the House — yeas 43, 
 nays 24. 
 
 in Pennsylvania, a repealing bill was in- 
 troduced into the House, but was not reached, 
 in the course of business, when the firing on 
 Sumter opened the war. A majority of 
 each House was understood to be in favor of 
 it. This law was first passed in 1847, after 
 the Prigg decision; and one section prohibit- 
 ing the use of State jails was repealed in 18.52. 
 
 U. S. Senator Simmons of Rhode Island, 
 in one of his speeches, made these remarks : 
 
 " Complaint had been made of personal 
 liberty bills. Now, the Massachusetts per- 
 sonal "liberty bill was passed by a Democratic 
 House, a Democratic Senate, and signed by 
 a Democratic Governor, a man who was 
 afterwards nominated by Mr. Polk for the 
 very best office in New England, and was 
 unanimously confirmed by a Democratic 
 United States Senate. Further than this, 
 the very first time the attention of the Mas- 
 sachusetts Legislature was called to the pro- 
 priety of a repeal to this law was by a Re- 
 publican Governor, Governor Banks. Now, 
 on the other hand. South Carolina had re- 
 pealed a law imprisoning British colored 
 sailors, but retained the one imprisoning 
 those coming from States inhabited by her 
 own brethren." 
 
THE PROCEEDINGS OF THE GOVERNMENT IN RELATION 
 TO THE SECESSION MOVEMENT. 
 
 Meeting and Proceedings of Congress. 
 
 THIRTY-SIXTH CONGRESS— SECOND SESSION. 
 
 Congress met on the first Monday of De- 
 cember, 1860, and was composed of tlie fol- 
 lowing persons : — 
 
 SENATE. 
 
 John C. Breckinridge of Kentucky, Vice 
 President. 
 
 Maine — H. Hamlin,* W. P. Fessenden. 
 
 New Hampshire — John P. Hale, Daniel 
 Clark. 
 
 Vermont — Solomon Foot. J. Collamer. 
 
 Massachusetts — Henry AVilson, Charles 
 Sumner. 
 
 Ehode Island — James F. Simmons, H. 
 B. Anthony. 
 
 Connecticut — L. S. Foster, Jas. Dixon. 
 NewYork — TVm.H. Seward, Preston King. 
 
 New Jersey — J. C. Ten Eyck, J. R. 
 Thomson. 
 
 Pennsylvania — S. Cameron, Wm. Bigler. 
 
 Delaware — J. A. Bayard, W. Saulsbury. 
 
 Maryland — J. A. Pearce, A. Kennedy. 
 
 Virginia — E. M. T. Hunter, James M. 
 Mason. 
 
 South Carolina — James Chesnut,t Jas. 
 H. Hammond.f 
 
 North Carolina — Thomas Bragg, T. L. 
 Cling-man. 
 
 Alabama — B. Fitzpatrick, C. C. Clay, Jr. 
 
 Mississippi — A. G. Brown, Jeff. Davis. 
 
 Louisiana — J. P. Benjamin, John Slidell. 
 
 Tennessee — A. 0. P. Nicholson, A. John- 
 son. 
 
 Arkansas — R. W. Johnson, W. K. Sebas- 
 tian. 
 
 Kentucky — L. W. Powell, J. J. Critten- 
 den. 
 
 Missouri — Jas. S. Green, Trusten Polk. 
 
 Ohio— B. F. Wade, Geo. E. Push. 
 
 Indiana— J. D. Bright, G. N. Fitch. 
 
 Illinois — S. A. Douglas, L. Trumbull. 
 
 Michigan — Z. Chandler, K. S. Bingham. 
 
 Florida— D. L. Yulee, S. R. Mallory. 
 
 Georgia — Alfred Iverson, Robt. Toombs. 
 
 Texas— John Hemphill, L. T. Wigfall. 
 
 Wisconsin — Charles Durkee, J. R. Doolit- 
 tle. 
 
 Iowa — J. W. Grimes, Jas. Harlan. 
 
 California — M. S. Latham, William M. 
 Gwin. 
 
 * Resigned January I7th, 1S61, i 
 Lot M. iviorrill. 
 t Did not a+-tend. 
 48 
 
 1 succeeded by Hon 
 
 Minnesota — H. M. Rice, M. S. Wilkinson. 
 Oregon — Joseph Lane, Edward D. Baker. 
 
 HOUSE OF REPRESENTATIVES. 
 
 William Pennington of New Jersey, 
 Speaker. 
 
 Maine— D. E. Somes, John J. Perry. E. 
 B. French, F. H. Morse, Israel Washburn, 
 Jr.,t S. C. Foster. 
 
 New Hampshire — Oilman Marston, M. 
 W. Tappan, T. M. Edwards. 
 
 Vermont— E. P. Walton, J. S. Morrill. 
 H. E. Royce. 
 
 Massachusetts — Thos. D. Eliot, James 
 Buffinton, Charles Fi-ancis Adams, Alexan- 
 der H. Rice, Anson Burlingame, John B. 
 Alley, Daniel W. Gooch, Charles R. Train, 
 Eli Thayer, Charles Delano, Henry L. 
 Dawes. 
 
 Rhode Island — C. Robinson, W. D. Bray- 
 ton. 
 
 Connecticut — Dwight Loomis, John 
 Woodruff, Alfred A.Burnham, Orris S. Ferry. 
 
 Delaware — W. G. Whiteley. 
 
 New York — Luther C. Carter, James 
 Humphrey, Daniel E. Sickles, W. B. Ma- 
 clay, Thos. J. Barr, John Cochrane, George 
 Briggs. Horace F. Clark, John B. Haskin, 
 Chas. H. VanWyck, Wm. S. Kenyon, Chas. 
 L. Beale, Abm. B. Olin, John H. Reynolds, 
 Jas. B. McKean, G. W. Pahner, Francis E. 
 Spinner, Clark B. Cochrane, James H. Gra- 
 ham, Richard Franchot, Roscoe Conkling, 
 R. H. Duell, M. Lmdley Lee, Chas. B. Hoard, 
 Chas. B. Sedgwick, M. Butterfield, Emory 
 B. Pottle, Alfred Wells, Win. Irvine, Alfred 
 Ely, Augustus Frank, Edwin R. Reynolds, 
 Elbridge G. Spaulding, Reuben E. Fenton. 
 
 New Jersey — John T. Nixon, John L. N. 
 StrattoTi, GarnettB. Adrain, Jetur R. Riggs, 
 Wm. Pennington (Speaker.) 
 
 Pennsylvania — Thos. B. Florence, E. Joy 
 Morris, John P. Verree, Wm. Millward, John 
 Wood, John Hickman, Henry C. Long- 
 necker, Jacob K. McKenty, Thaddeus 
 Stevens, John W. Killinger, James H. Camp- 
 bell, George AV. Scranton, William H. Dim- 
 mick, Galusha A. Grow, James T. Hale, Ben- 
 jamin F. Junkin, Edward McPherson, Samuel 
 S. Blair, John Covode, William Montgomery, 
 James K. Moorhead, Robert IMcKnight, 
 William Stewart, Chapin Hall, Elijah Bab 
 bitt. 
 
 J Resigned and succeeded January ! 
 Stephen Coburn. 
 
 , 1861, by Hon. 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 49 
 
 Maryland — Jas. A. Stewart, J. M. Har- 
 ris, H. W. Davis, J. M. Kunkel, G. W. 
 Huo'hes. 
 
 Virginia — John S. Millson. Muscoe E. H. 
 Garnett, Daniel C. De Jarnette, Koger A. 
 Pryor, Thomas S. Bocock, William Smith, 
 Alex. R. Botele'r, John T. Harris, Albert G. 
 Jenkins, Shelton F. Leake, Henry A. Ed- 
 mundson, Elbert S. Martin, Sherrard 
 (.'lemens. 
 
 South Carolina— John McQueen, Wm. 
 Porcher I\Iiles, Lawrence M. Keitt, Milledge 
 L. Bonliam, John D. Ashmore, Wm. W. 
 Boyce. 
 
 North Carolina — W. N. H. Smith, Thos. 
 Ruffin, W. AVinslow, L. O'B. Branch. John 
 A. Gilmer, Jas. M. Leach, Burton Craige, 
 Z. B. Vance. 
 
 Georgia — Peter E. Love, M. J. Crawford, 
 Thos. Hardeman, Jr., L. J. Gartrell, J. W. H. 
 Underwood, James Jackson, Joshua Hill, 
 John J. Jones. 
 
 Alabama — Jas. L. Pugh, David Clopton, 
 Sydenh. Moore, Geo. S. Houston, W. R. W. 
 Cobb, J. A. Stallworth, J. L. M. Curry. 
 
 Mississippi — L. Q. C. Lamar, Reuben 
 Davis, William Barksdale, 0. E. Singleton, 
 John J. McRae. 
 
 Louisiana — John E. Bouligny, Miles Tay- 
 lor. T. G. Davidson, John M. Landrum. 
 
 Ohio — G. H. Pendleton, John A. Gurley, 
 C. L. Vallandigham, William Allen, James 
 M. Ashley, Wm. Howard, Thomas Corwin, 
 Benj. Stanton, John Carey, C. A. Trimble, 
 Chas. D. Martin, Saml. S. Cox, John Sher- 
 man, H. G. Blake, William Helmick, C. B. 
 Tompkins, T. C. Theaker, S. Edgerton, Ed- 
 ward Wade, John Hutchins, John A. Bing- 
 ham. 
 
 Kentucky — Henry C. Burnett, Green 
 Adams, S. 0. Peyton, P. M. Bristow, W. C. 
 Anderson, Robert Mallory, Wm. E. Simms, 
 L. T. Moore, John Y*. Brown, J, W. Steven- 
 son. 
 
 Tennessee — T. A. R. Nelson, Horace 
 Maynard, R. B. Brabson, William B. Stokes, 
 Robert Hatton, James H. Thomas, John V. 
 Wright, James M. Quarles, Emerson Ether- 
 idge, Wm. T. Avery. 
 
 Indiana — Wm. E. Niblack, Wm. H. Eng- 
 lish, Wm. M'Kee Dunn, Wm. S. Holman, 
 David Kilgore, Albert G. Porter, John G. 
 Davis, James Wilson, Schuyler Colfax, Chas. 
 (-ase, John U. Pettit. 
 
 Illinois — E. B. Washburne, J. F. Farns- 
 worth, Owen Lovejoy, Wm. Kellogg, I. N. 
 Morris, John A. McClernand, James C. 
 Robinson, P. B. Fouke, John A. Logan. 
 
 Arkansas — Thomas C. Hindman, Albert 
 Rust. 
 
 Missouri — J, R. Barrett, T. L. Anderson, 
 John B. Clark, James Craig, S. H. Wood- 
 son, John S. Phelps, John W. Noell. 
 
 Michigan — William A. Howard, Henry 
 W#dron, F. W. Kellogg, De W. C. Leach. 
 
 Florida — George S. Hawkins. 
 Texas — John H. Reagan, A. J. Hamilton. 
 Iowa — S. R. Curtis, Wm. Vandever. 
 4 
 
 California — Charles L. Scott, John C. 
 Burch. 
 
 Wisconsin— John F. Potter, C. C. Wash- 
 burn, C. H. Larrabee. 
 
 Minnesota — Cyrus Aldrich,Wm. Windom. 
 
 Oregon — Lansing Stout. 
 
 Kansas — Martin F. Conway, (sworn Jan. 
 30th, 1861). 
 
 President Buchanan's Last Annual 
 Message. 
 
 It was delivered on Tuesday, December 
 4th, 1860. 
 
 Mr. Buchanan alluded to the distracted 
 condition of the country, and appealed to 
 the American people. He declared that the 
 election of any one of our fellow-citizens to 
 the office of President does not, of itself, 
 afford just cause for dissolving the Union ; 
 and that, to justify a revolutionary resist- 
 ance the Federal Government must be guilty 
 of " a deliberate, palpable, and dangerous 
 exercise" of powers not granted by the 
 Constitution — which, he alleged, and pro- 
 ceeded to prove, was not at all the 
 case. He denied that " secession" could be 
 justified as a Constitutional remedy, and 
 asserted that the " principle is wholly incon- 
 sistent with the history, as well as the char- 
 acter, of the Federal Constitution;" and 
 claimed that such a proposition was not ad- 
 vanced until many years after the origin of 
 the Federal Govermnent, and that then it 
 was met and refuted by the conclusive argu- 
 ments of General Jackson. He held that 
 this Government is invested with all the 
 attributes of sovereignty over the special 
 subjects to which its authority extends, and 
 then discussed, in the following language, 
 what he denominated 
 
 THE POWER to COERCE A STATE. 
 
 The question, fairly stated, is: Has the 
 Constitution delegated to Congress the 
 power to coerce a State into submission 
 which is attempting to withdraw or has ac- 
 tually withdrawn from the Confederacy ? If 
 answered in the affirmative, it must be on 
 the principle that the power has been con- 
 ferred upon Congress to declare and to make 
 war against a State. After much serious 
 reflection I have arrived at the conclusion 
 that no such power has been delegated to 
 Congress nor to any other department of the 
 Federal Government. It is manifest, upon 
 an inspection of the Constitution, that this 
 is not among the specific and enumerated 
 powers granted to Congress ; and it is 
 equally apparent that its exercise is not 
 "necessary and proper for carrying iato 
 execution" any one of these powers. So 
 far from this power having been delegated 
 to Congress, it was expressly refused by the 
 Convention which framed the Constitution. 
 It appears, from the proceedings of that 
 body, that on the 31st May. 1787, the clans? 
 '' author izinQ an exertion of the force of 
 
50 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 the whole against a delinquent State" canio 
 up for consideration. Mr. Madison opposed 
 it in a lirief but powerful speech, from which 
 I shall extract but a single sentence. He 
 observed : " The use of force against a State 
 would look more like a declaration of war 
 than an infliction of punishment, and would 
 probably be considered by the party attacked 
 as a dissolution of all previous compacts by 
 which it might be bound." Upon his mo- 
 tion the clause was unanimously postponed, 
 and was never, I believe, again presented. 
 Soon afterwards, on the 8th June, 1787, 
 when incidentally adverting to the subject, 
 he said : " Any Government for the United 
 States, formed on the supposed practicability 
 of using force against the unconstitutional 
 proceedings of the States, would prove as 
 visionary and fallacious as the government 
 of Congress," evidently meaning the then 
 existing Congress of the old Confedera- 
 tion. 
 
 Without descending to particulars, it may 
 be safely asserted that the power to make 
 war against a State is at variance with the 
 whole spirit and intent of the Constitution. 
 Suppose such a war should result in the 
 conquest of a State, how are we to govern it 
 afterwards ? Shall we hold it as a province 
 and govern it by despotic power ? In the 
 nature of things we could not, by physical 
 force, control the will of the people, and 
 compel them to elect Senators and Eepre- 
 sentatives to Congress, and to perform all 
 the other duties depending upon their own 
 volition, and required from the free citizens 
 of a free State as a constituent member of 
 the Confederacy. 
 
 But, if we possessed this power, would it 
 be wise to exercise it under existing circum- 
 stances ? The object would doubtless be to 
 preserve the Union. War would not only 
 present the most effectual means of destroy- 
 ing it, but would banish all hope of its 
 peaceable reconstruction. Besides, in the 
 fraternal conflict a vast amount of blood and 
 treasure would be expended, rendering future 
 reconciliation between the States impossible. 
 In the meantime who can foretell what 
 would be the sufferings and privations of the 
 people during its existence ? 
 
 The fact is, that our Union rests upon 
 public opinion, and can never be cemented 
 by the blood of its citizens shed in civil 
 war. If it cannot live in the affections of 
 the people, it must one day perish. Con- 
 gress possesses many means of preserving 
 it by conciliation; but the sword was not 
 placed in their hand to preserve it by force. 
 
 In this connexion, I shall merely call at- 
 tention to a few sentences in Mr. Madison's 
 justly celebrated report, in 1799, to the 
 Legislature of Virginia. In this he ably and 
 conclusively defended the resolutions of the 
 preceding Legislature against the strictures 
 of several other State Legislatures. These 
 were mainly founded upon the protest of the 
 
 Virginia Legislature against the " alica and 
 sedition acts," as "palpable and alarming in- 
 fractions of the Constitution." In pointins: 
 out the peaceful and constitutional ren\edies, 
 and he referred to none other to which the 
 States were authorized to resort on such 
 occasions, he concludes by saying, "that th( 
 Legislatures of the States might have made 
 a direct representation to Congress with a 
 view to obtain a rescinding of the two offend 
 ing acts, or they might have represented to 
 their respective Senators in Congress their 
 wish that two-thirds thereof would propose 
 an explanatory amendment to the Coustitu 
 tion, or two-thirds of themselves, if such had 
 been their option, might, by an application 
 to Congress, have obtained a Convention 
 for the same object." 
 
 This is the very course which I earnestly 
 recommend in order to obtain an "explana- 
 tory amendment" of the Constitution on the 
 subject of slavery. This might originate with 
 Congress or the State Legislatures, as maybe 
 deemed most advisable to attain the object. 
 
 The explanatory amendment might be 
 confined to the final settlement of the true 
 construction of the Constitution on three 
 special points : 
 
 1. An express recognition of the right of 
 property in slaves in the States where it now 
 exists or may hereafter exist. 
 
 2. The duty of protecting this right in all 
 the common Territories throughout their 
 territorial existence, and until they shall be 
 admitted as States into the Union, with or 
 without slavery, as their constitutions may 
 prescribe. 
 
 3. A like recognition of the right of the 
 master to have his slave, who li;is escaped 
 from one State to another, resiored and "de- 
 livered up" to him, and of the validity of the 
 fugitive-slave law enacted for this purpose, 
 together with a declairation that all State 
 laws impairing or defeating this right are 
 violations of the Constitution, and are con- 
 sequently null and void. 
 
 It may be objected that this construction 
 of the Constitution has already been settled 
 by the Supreme Court of the United States, 
 and what more ought to be required ? The 
 answer is, that a very large proportion of the 
 people of the United States still contest the 
 correctness of this decision, and never will 
 cease from agitation and admit its binding 
 force until established by the people of the 
 several States in tlieir sovereign character. 
 Such an explanatory amendment would, it ia 
 believed, forever terminate the existing dis- 
 sensions and restore peace and harmony 
 among the States. 
 
 It ought not to be doubted that such an 
 appeal to the arbitrament estaljlished by the 
 Constitution itself would be received with 
 favor by all the States of the Confederacy. 
 In any event, it ought to be tried in a s^rit 
 of conciliation before any of these States 
 shall separate themselves fiom the Union. 
 
PEOCEEDINGS OF THE GOVERNMENT. 
 
 51 
 
 Opinion of Attorney- General Black 
 upon the Powers of the President. 
 
 Attornet-Ge.verai/s Office, 
 
 November 20, 1860. 
 
 Sip.: I have had the honor to receive yoiiv uore of the 
 17th, and I uow reply to the grave questioti.s therein pro- 
 pounded as fully as the time allovred me will permit. 
 
 Within their' respective spheres of action the Federal 
 Government and the Government of a State are both of 
 them independent and supreme, but each is utterly power- 
 less beyond the limits assigned to it by the Constitution. 
 If Congress would attempt" to change the law of descents, 
 to make a new rule of personal succession, or to dissolve 
 the family relations existing in any State, the act would 
 be simply void, but not more void than would be a State 
 law to prevent the recapture of 'fugitives from labor, to 
 forbid the carrying of the mails, or to stop the collection 
 of duties on imports. The will of a State, whether ex- 
 pressed in its constitution or laws, cannot, while it remains 
 in the Confederacy, absolve her pe.iple from the duty of 
 obeying the just and constitutional* requirements of the 
 Central Government. Nor can any act of the Central Gov- 
 ernment displace the jurisdiction of a State, because the 
 laws of the United States are supreme HtUd binding only so 
 far as they are passed in ptcrsuance of the Constitution. 
 I do not say what might be effected by mere revolution- 
 ary force. I am speaking of legal and constitutional right. 
 
 This is the view always taken by the Judiciary, and so 
 universally adopted that the statement of it may seem 
 common-place. The Supreme Court of the United States 
 has declared it in many cases. I need only refer you to the 
 United Stutes ys. Booth where the present Chief Justice, 
 expressing the unanimous opinion of himself and all his 
 brethren, enunciated the doctrine in terms so clear and 
 full that any further demonstration of it can scarcely be 
 required. 
 
 The duty which these principles devolve not only upon 
 every officer, but every citizen, is that which Mr. Jefferson 
 expressed so compendiously in his first inaugural, namely, 
 " to support the State Governments in all their rights, as 
 the most competent administrations for their domestic 
 concerns, and the surest bulwarks against anti-republican 
 tendencies," combined with "the preservation of the 
 General Government, in its whole constitutional vigor, 
 as the sheet-anchor of our peace, at home and safety 
 abroid." 
 
 To the Chief Executive Magistrate of the Union is con- 
 fided the solemn duty of seeing the laws faithfully exe- 
 cuted. That he may be able to meet this duty with a 
 power equal to its performance, he nominates his own 
 subordinates and removes them at his pleasure. For the 
 same reason the land and naval forces are under his orders 
 as their commander-in-chief. But his power is to be used 
 only in the manner prescribed by the legislative depart- 
 ment. He cannot accomplish a legal purpose by illegal 
 mean.s, or break the laws himself to prevent them from 
 being violated by others. 
 
 The acts of Congress sometimes give the President a 
 broad discretion in the use of the means by which they are 
 to be executed, and sometimes limit his power so that he 
 can exercise it only in a certain prescribed manner. Where 
 the law directs a thing to be done, without saying how, 
 that implies the power to use such means as may be neces- 
 sary and proper to accomplish the end of the Legislature. 
 But where the mode of performing a duty is pointed out 
 by statute, that is the exclusive mode, and no other can 
 be followed. The United States have no common law to 
 fall back upon when the written law is defective. If, 
 therefore, an act of Congress declares that a certain thing 
 phall be done by a particular officer, it cannot be done by 
 a different officer. The agency which the law furnishes 
 for its own execution must be used, to the exclusion of all 
 others. For instance, the revenues of the United States 
 are to be collected in a certain way, at certain established 
 ports, and by a certain class of officers; the President has 
 no authority, under any circumstances, to collect the same 
 revenues at other places by a different sort of officers, or 
 in ways not provided for. Even if the machinery fur- 
 nished by Congress for the collection of the duties should 
 by any cause become so deranged or broken up that it 
 could not be used, that would not be a legal reason for 
 substituting a different kind of machinery in its place. 
 
 The law requires that all goods imported into the United 
 States within certain collection-districts shall be entered 
 at the proper port, and the duty thereon shall be received 
 by the Collector appointed for and residing at that port. 
 But the functions of the Collector may be exercised any- 
 where at or within the port. There is no law which con- 
 fines him to the custom-house, or to any other particular 
 Bpst. If the custom-house were burnt down, he might re- 
 move to another building ; if he were driven from the shore, 
 fie might go on board a vessel in the harbor. If be keeps 
 within the port he is within the law. A port is a place to 
 
 which merchandize is imported, and from whence it is ex- 
 ported. It is created by law. It is not merely a harbor or 
 haven, for it may be established where there is nothing but 
 an open roadstead, or on the shore of a navigable river, or 
 at any other place where vessels mayarriveand dischart'e 
 or take in their cargoes. It comprehends the city or town 
 which is occupied by the mariners, meichants, and others 
 who are engaged in the business of importing and export- 
 ing goods, navigating the ships and furnishing them with 
 provisions. It includes also so much of the water adjacent 
 to the city as is usually occupied by vessels discha rising or 
 rec«iv!ng their cargoes, or lying at anchor and wyiting for 
 tbs 5 purpose. 
 
 The first section of the act of March 2d, 18".3, authorized 
 the President in a certain contin<;ency to direct that the 
 custom-house for any collection district be established and 
 kept in any secure place within some port or hrtrf/or of 
 such district, either upon land or on board aiiy vessel. 
 But this provision was temporary, and expired at the end 
 of the session of Congress next afterwards. It conferred 
 upon the Executive a right to remove the site of the 
 custom-house, not merely to any secure place within the 
 legally-established port of entry for the district— that right 
 he had before — but it widened his authority so as to allow 
 the removal of it to any port or harbor within the whole 
 district. The enactment of that law and the limitation of 
 it to a certain period, of time uow past, is not therefore, an 
 argument against the opinion above expressed that you 
 can now if necessary, order the duties to be collected on 
 board a vessel inside of anv established port of entry. 
 Whether the first and fifth sections of the act of 18.33, both 
 of which were made temporary by the eighth section, 
 should be re-enacted, is a question for the legislative 
 department. 
 
 Your right to take such measures as may seem to be 
 necessary for the protection of the public property is very 
 clear. It results from the proprietary rights of the Gov- 
 ernment as owner of the forts, arsenals, magazines, dock- 
 yards, navy-yards, custom-houses, public ships, and other 
 property which the United States have bought, built, and 
 paid for. Besides, the Government of the United States 
 is authorized by the Constitution (Art. I, Sec. 8) to "ex- 
 ercise exclusive legislation in all cases whatsoever . . 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 
 buildings." It is believed that no important public build- 
 ing has'been bought or erected on ground where the Legis- 
 lature of the State, in which it is, has not a passed a law 
 consenting to the purchase of it and ceding the exclusive 
 jurisdiction. This Government, then, is not only the 
 owner of those buildings and grounds, but, by virtue of 
 the supreme and paramouut law, it regulates the action 
 and punishes the offences of all who are within them. If 
 any oue of an owner's rights is plainer than another, it 
 is that of keeping exclusive possession and repelling in- 
 trusion. The right of defending the public property in- 
 cludes also the right of recapture after it has been unlaw- 
 fully taken by another. President Jefferson held the 
 opiiiion, and acted upon it, that he could order a military 
 force to take possession of any land to which the United 
 
 j States had title, though they had never occupied it before, 
 though a private party claimed and held it, and though 
 it was not then needed nor proposed to be used for any 
 purpose connected with the operations of the Government. 
 
 I This may have been a stretch of Executive power ; but 
 the right of retaking public property in which the Gov- 
 ernment has been carrying on its lawful business, and 
 from which its officers have been unlawfully thrust out, 
 cauuot well be doubted ; and when it was exercised at 
 
 ; Harper's Ferry in October, lSo9, every one acknowledged 
 the legal justice of it. 
 
 { I come now to the point in your letter which is proba- 
 bly of the greatest practical importance. By the act of 
 1807 you may employ such parts of the land and naval 
 forces as you shall judge necessary for the purpose of 
 causing the laws to be duly executed, in all cases where 
 it is lawful to use the militia for the same purpose. By the 
 act of 1795 the militia may be called forth " whenever the 
 laws of the Uuited States shall be opposed or the execution 
 thereof obstructed inany State by combinations too power- 
 ful to be suppressedby the ordinary courseof judicial pro- 
 ceedings, or by the power .vested in the marshals." This 
 imposes upon the President the sole respoitsibility of de- 
 ciding whether the exigency has arisen which requires 
 
 I the use of military force; and in proportion to the mag- 
 
 i nitnde of that responsibility will be his care not to over- 
 step the limits of his legal and j ust authority. 
 
 I The laws referred to in the act of 179.') are manifestly 
 
 1 those which are admiui-stered by the judges and executed 
 by the ministerial officers of the courts for the punishment 
 of crime against the United States, for the protection of 
 
 • rights claimed under the Federal Constitution and laws, 
 
 I and for the enforcement of such obligations as come 
 
52 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 ■within the cognizance of tho Federal Judiciary. To com- 
 pel obedience to these laws, the Courts have authority to 
 punish all who obstruct their regular administration, and 
 the marshals aud their deputies have the same powers 
 as sheriffs and their deputies in the several States in exe- 
 cuting the laws of the States. Tliese are the ordinary 
 means provided for the execution of the laws, and the 
 whole spirit of our system is opposed to the employment 
 of any other except in cases of extreme necessity, arising 
 out of great and unusual combinations against them. 
 Their agency must continue to be used until their in- 
 capacity to cope with the power opposed to them shall 
 be plainly demonstrated. It is only upon clear evidence 
 to that etfect that a military force can be called into the 
 field. Even then its operations must be purely defensive. 
 It can suppress only such combinations as are found 
 directly opposing the laws and obstructing the execution 
 thereof. It can do no more than what might and ought 
 to be done by a civil posse, if a civil posse could be 
 raised large enough to meet the same opposition. On 
 Buch occasions especially the military power must be 
 kept In strict subordination to the civil authority, since it 
 is only in aid of the latter that the former can act at all. 
 
 But what if the feeling in any State against the United 
 States should become so universal that the Federal officers 
 themselves (including judges, district-attorneys, and mar- 
 shals) would be reached by the 6ame_ Influences, and resign 
 their pl.aces? Of course the first step would be to appoint 
 others in their stead, if others could be got to serve. But, 
 in such an event, it is more than probable that great diffi- 
 culty would be found in filling the offices. We can easily 
 conceive how it might become altogether impossible. We 
 are therefore obliged to consider what can be done in case 
 we have no courts to issue judicial process, and no minis- 
 terial officers to execute it. In that event troops would 
 certainly be out of place, and their use wholly illegal. If 
 they are sent to aid the courts and marshals, there must be 
 courts and n^arshals to be aided. Without the exercise of 
 those functions, which belong exclusively to the civil ser- 
 vice, the laws cannot be executed in any event, no matter 
 what may be the physical strength which the Government 
 has at its command. Under such circumstances, to send a 
 military force into any State with orders to act against the 
 people would be simply making war upon them. 
 
 The existing laws put and keep the Federal Government 
 strictly on the defensive. You can use force only to repel 
 an assault on the public property, and aid the courts in the 
 performance of their duty. If the means given you to col- 
 lect the revenue and execute the other laws be insufficient 
 for that purpose. Congress may extend and make them 
 more effectual to that end. 
 
 If one of the States should declare her independence, 
 your action cannot depend upon the rightfulness of the 
 cause upon which such declaration is based. Whether the 
 retirement of a State from the Union be the exercise of a 
 right reserved in the Constitution or a revolutionary move- 
 ment, it is certain that you have not in either case the 
 authority to recognize her Independence or to absolve her 
 from her Federal obligations. Congress or the other States 
 in convention assembled must take such measures as may 
 be necessary and proper. In such an event I see no course 
 for you but to go straight onward in the path you have 
 hitherto trodden, that is, execute the laws to the extent of 
 the defensive means placed in your hands, and act generally 
 upon the assumption that the present constitutional rela- 
 tions between the States and the Federal Government con- 
 tinue to exist until a new order of things shall be estab- 
 lished, either by law or force. 
 
 Whether Congress has the constitutional right to make 
 war against one or more States, and require the Executive 
 of the Federal Government to carry it on by means of 
 force to be drawn from the other States, is a question for 
 Congress itself to consider. It must be admitted that no 
 such power is expressly given; nor are there any words 
 in the Constitution which imply it. Among the powers 
 enumerated in article I. section 8, is that "to declare war, 
 grant letters of marque and reprisal, and to make rules 
 concerning captures on land and water." This certainly 
 means nothing more than the power to commence and 
 carry on hostilities against the foreign enemies of the na- 
 tion. Another clause in the same section gives Congress 
 the power " to provide for calling forth the tnilitia," and to 
 use them within the limits of the State. But this power is 
 80 restricted by the words which immediately follow, that 
 it can be exercised only for one of the following purposes : 
 
 1. To execute the laws of the Union ; that is, to aid the 
 Federal officers in the performance of their regular duties. 
 
 2. To suppress insurrections against the States ; but this is 
 confinofi by article IV. section 4, to cases in which the State 
 herself sliall apply for assistance against her own people. 
 
 3. To repel the invasion of a State by enemies who come 
 from abriiad to assail her in her own teriitory. All these 
 provisiuns are made to protect the States, not to authorize 
 an attack by one part of the country upon another; to 
 preserve their peace, and not to plunge them into civil war. 
 
 Our forefathers do not seem to have thought that war was 
 calculated "to form a more perfect union, establish justiie, 
 insure domestic tranquility, provide for the common de- 
 fence, promote the general welfare, and secure the blessings 
 of liberty to ourselves and our posterity." There was un? 
 doubtedly a strong and universal conviction among the men 
 who framed and ratified the Constitution, that military 
 force would not only be useless, but pernicious as a means 
 of holding the States together. 
 
 If it be true that war cannot he declared, nor a system 
 of general hostilities caiTied on by the central government 
 against a State, then it seems to follow that an attempt to 
 do so would be ipso facto an expulsion of such State from 
 the Union. Being treated as an alien and an enemy, slie 
 would be compelled to act accordingly. And if Congress 
 shall break up the present Union oy unconstitutionally 
 putting strife and enmity, and armed hostility, between 
 different sections of the country, instead of the " domestic 
 tranquillity" which the Constitution was meant to insure, 
 will not all the States be absolved from their Federal obli- 
 gations ? Is any portion of the people bound to contribute 
 their money or their blood to carry on a contest like that? 
 
 The right of the General Government to preserve itself 
 in its whole constitutional vigor by repelling a direct and 
 positive aggression upon its property or its officers, cannot 
 be denied. But this is a totally different thing from an 
 offensive war to punish the people for the political misdeeds 
 of their State governments, or to prevent a threatened vio- 
 lation of the Constitution, or to enforce an acknowledgment 
 that the government of the United States is supreme. The 
 States are colleagues of one another, and if some of them 
 shall conquer the rest and hold them as subjugated prov- 
 inces, it would totally destroy the whole theory upon which 
 they are now connected. 
 
 If this view of the subject be as correct as I think it is, 
 then the Union must utterly perish at the moment when 
 Congress shall arm one part of the people against another 
 for any purpose beyond that of merely protecting the Gen- 
 eral Government in the exercise of its proper constitutional 
 functions. I am, very respectfully, yours, etc., 
 
 J. S. Black. 
 
 To the President of the United States. 
 
 Committee of Thirty-three. 
 
 December 4tTi. In the House of Repre- 
 sentatives, Mr. BoTELER of Virginia moved 
 that so much of the President's message as 
 relates to the present perilous condition 
 of the country be referred to a special 
 committee of one from each State, which 
 was agreed to — yeas 145, nays 38, as follows : 
 
 Yeas— Messrs. Adams of Massachusetts, Adams of 
 Ky., Adrain, Aldrich, Alien, Alley, Anderson of liy., 
 Andersmi, of Missouri, Avery, Babbitt, Barr, Barrett, 
 Bococl; Botcler, Bouligny, Branch, Brayton, Eriggs, Bris- 
 tow. Brown, Burch, Burnett, Campbell, Carter, Clark of N. 
 Y., ClarJc of Mo., Cohb, John Cochrane of N. York, Colt'ix, 
 Conkling, Corwin,Covodo, Coa;,Cunis, Davis of Md., Davis 
 of Ind., Davis, of Miss., DcJarnelle, Delano, Duell, Dunn, 
 Edmundson, Eliot, Ely, English, Etlieridge, Ferry. Florence, 
 Foster, Fouke, Frank, French, Gilmor, Gooch, Graham, 
 Gurley, Hale, Hall, Hardeman, Harris of Md., Harris 
 of Va., Haskin, Hatton, Helmick, Hill, Hoard, Holman, 
 Houston, Howard' of Ohio, Hughes, Humphrey, Jenkins, 
 Junlcin, Kellogg of Illinois, Kenyon, Kilgoro, Killinger, 
 Kunkcl, Larrubce, Leach of N. Carolina, Leake, Logan, 
 Longnecker, Love, Maclay, Martin of Ohio, Martin, of Va., 
 Mayuard, MeClernard, A?c.fi:€w<!/,McPherson, Millson, Moore 
 of liy., Moorhead, Morrill, Morris of Penn., J/orris of Ill.,Nol- 
 son, Niblack. Nixon, Noell, Palmer, Pendleton, Pettit, Pey- 
 ton, Phelps, Porter, Pryor, Quarlos, Reynolds, Rice, Riggs, 
 Robinson of R. I., Robinson of Illinois, Royce, Rust, Sickles, 
 Smith of Va., Smith of N. C, Somes, Spaulding, Spinner, 
 Stevenson, Stewart of Md., Stewart of Pa., Stokes, Stcait, Strat- 
 ton, Thayer, Thcaker, Thomas, Train, Trimble, Vallandiy- 
 ham, Vance, Vandevur, Verree, Walton, Washburn of Me., 
 Webster, Whiteley, Vi'indom, Winslow, Wood,Woodruflf— -145. 
 
 Nats — Messrs. Ashley, Boalo, Bingham, Blair, Blake, 
 Buffiuton, Burlingame, Burnham, Carey, Case, Edgertou, 
 Fenton, Grow, Hickman, Howard of Mich., Hutchins, Ir- 
 vine, Kellogg of Mich., Leach of Mich., Lee, Loomis, Love- 
 joy, McKean, McKnight, Morse, Perry, Potter, Pottle, 
 Sedgwick, Sherman, Stanton, Stevens, Tappan, Tompkins, 
 Wade, Washburn of Wis., Washburne of 111., Wells— 38. 
 
 During the vote, Mr. Singleton of Mis- 
 sissippi, said he declined to vote because he 
 had not been sent here to make any com- 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 53 
 
 promise or patch up existinc^ difficulties, 
 and that a Convention of the people of Mis- 
 sissippi would consider and decide the sub- 
 ject. 
 
 Ml-. Hawkins of Florida, said the day of 
 compromise had passed, and that he was 
 opposed, and he believed his State was op- 
 posed, to all and every compromise. 
 
 Mr. Clopton of Alabama, believed in the 
 right of a State to secede, considered that 
 the.only remedy for preseait evils, and would 
 not hold out any delusive hope, or sanction 
 any temporizing policy. 
 
 ilr. Miles of South Carolina, said their 
 delegation had not voted on the question 
 because they conceived they had no inter- 
 est in it. They considered their State as 
 already withdrawn from the Confederacy in 
 every thing except form. 
 
 Mr. PuGH of Alabama, said that State in- 
 tended following South Carolina out of the 
 Union by the 10th of January next, and he 
 paid no attention to any action taken in this 
 body. The Committee consisted of 
 
 Mr. Corwin of Ohio. 
 
 Mr. Millson of Virginia. 
 
 Mr. Adams of Massachusetts. 
 
 Mr. Winslow of Xorth Carolina. 
 
 Mr. Humphrey of New York. 
 
 Mr. Boyce of South Carolina. 
 
 Mr. Campbell of Pennsylvania. 
 
 Mr. Love of Georgia. 
 
 Mr. Ferry of Connecticut. 
 
 Mr. Davis of Maryland. 
 
 Mr. Robinson of Rhode Island. 
 
 Mr. Whiteley of Delaware. 
 
 Mr. Tappan of New Hampshire. 
 
 Mr. Stratton of New Jersey. 
 
 Mr. Bristow of Kentucky. 
 
 Mr. M orrill of Vermont. 
 
 Mr. Nelson of Tennessee. 
 
 Mr. Dunn of Indiana. 
 
 Mr. Taylor of Louisiana. 
 
 Mr. Reuben Davis of Mississippi. 
 
 Mr. Kellogg of Illinois. 
 
 Mr. Houston of Alabama. 
 
 Mr. Morse of Maine. 
 
 Mr. Phelps of Missouri. • 
 
 Mr. Rust of Arkansas. 
 
 Mr. Howard of Michigan. 
 
 Mr. Hawkins of Florida. 
 
 Mr. Hamilton of Texas. 
 
 Mr. Washburn of Wisconsin. 
 
 Mr. Curtis of Iowa. 
 
 Mr. Burch of California. 
 
 Mr. Windom of Minnesota. 
 
 Mr. Stout of Oregon. 
 Messrs. Hawkins and Boyce asked to be 
 excused from service on the Committee, but 
 the House refused. 
 
 Propositions Submitted to the Com- 
 mittee. 
 By Mr. Thayer of Massachusetts. A series 
 of resolutions to the effect that the repre- 
 sentatives of the people should devote 
 themselves to the cause of the country, in 
 the spirit of the fathers of the Republic; 
 
 that the people should be true to their consti- 
 tutional obligations ; that as our differences 
 had arisen mainly from the acquisition of 
 new territory, no more territory ought 
 ever to be acquired ; affirming the right of 
 self-government in the Territories as inde- 
 pendent of Congress or the President ; in 
 favor of admission of new States with a pop- 
 ulation equal to the ratio of representation ; 
 that the Government of the United States 
 should never own any more territory, and 
 that annexation of territory in the future 
 should only be by consent of the States ; 
 that there should be no Congressional legis- 
 lation whatever on the subject of slavery, 
 and that every Congressional District should 
 in future be an Electoral District, entitled 
 every four years to elect one Presidential 
 elector. 
 
 By Mr. John Cochrane of New York. A 
 preamble and resolution to the effect that 
 the decision of the Supreme Court in the 
 Dred Scott case should be received as a set- 
 tlement of the questions therein discussed 
 and decided ; also, in favor of amending the 
 Constitution so as to give a right to Con- 
 gress to establish territorial governments ; 
 providing for admission of new States with 
 a population equal to the Federal ratio of 
 representation, with or without slavery, and 
 prohibiting Congress and the people of the 
 territory from impairing the right of prop- 
 erty in slaves during its existence as a ter- 
 ritory. 
 
 Mr. John Cochrane of New York, also 
 ofiered amendments to the Constitution in 
 favor of a division of territory on the line of 
 thirty-six degrees thirty minutes ; in favor 
 of admission of new States with or without 
 slavery ; to prohibit Congress from abolish- 
 ing the inter-State slave-trade ; reaffirming 
 the obligation of the fugitive slave law ; 
 guaranteeing a right of transit in free States 
 of persons with slaves, and declaring void 
 all nullifying acts of State or Territorial 
 Legislatures. 
 
 Mr. John Cochrane of New York, also 
 offered a preamble and resolutions to the 
 same effect, as regards the question of sla- 
 very in the territories, with his proposition 
 to amend the Constitution, just cited, and 
 coupled with a resolution declaring that the 
 Constitution of the United States existed 
 only by agreement of sovereign States, and 
 that any attempt of the Federal Govern- 
 ment to coerce a sovereign State into the 
 observance of the Constitutional compact, 
 would be to levy war upon a substantial 
 power and precipitate a dissolution of the 
 Union. 
 
 Mr. Haskin offered as a substitute to the 
 above, a resolution directing the Committee 
 on the Judiciary to inquire and report as to 
 wl^t action Congress should take in regard 
 to enforcing the Constitution and laws in 
 South Carolina, and what was the duty of 
 the Executive in this regard. 
 
 By Mr. Mallory of Kentucky. Instruct- 
 
54 
 
 PROCEEDINGS OF THE GOVERNMENT 
 
 ing the Committee of Thirty-three in favor 
 of a division of territory on line of thirty- 
 six degrees thirty minutes, and admis- 
 sion of new States with a population equal 
 to the Federal ratio of representation, with 
 or without slavery, and to prohibit Congress 
 from abolishing slavery in any places within 
 its jurisdiction, or from abolishing the inter- 
 State slave-trade. 
 
 By Mr. Stevenson of Kentucky. To so 
 amend the fugitive slave law as to make it 
 felony to resist the execution of said law 
 
 By Mr. English of Indiana. That said 
 committee be instructed to inquire into the 
 expediency of settling all matters of con- 
 troversy upon the following basis : 1. Divi- 
 sion of Territory between the free and slave 
 States, with provision for admission of new 
 States with a population equal to the Fed- 
 eral ratio of representation. 2. Prohibiting 
 Congress from impairing the right of prop- 
 erty iu slaves. 3. Making the city, county, or 
 township liable in double the value of fugi- 
 tive slaves forcibly rescued, etc. 
 By Mr. Kilgore of Indiana. To give the right 
 of trial by jury, where a fugitive slave claims 
 to be free, with right of appeal on writ of 
 error to either party. Monied compensation 
 in case of rescue by force, etc., and making 
 it a criminal offence to resist the enforce- 
 ment of the fugitive slave law. 
 
 By Mr. Holman of Indiana. Eesolutions 
 opposing the right of secession, declaring 
 the duty of the General Government to en- 
 force with temperate firmness and in good 
 faith the provisions of the Constitution, and 
 instructing the Committee of Thirty-three to 
 inquire and report what legislation is needed 
 to thwart any attempted nullification. 
 
 By Mr. NiBLACK of Indiana. That the com- 
 mittee be instructed to inquire and report 
 whether Congress has power to provide by 
 law for a payment of money to the owner of a 
 fugitive slave prevented by violence from re- 
 capturing him. 
 
 By Mr. John A. McClernand of Illinois 
 To same effect, and further to inquire and 
 report as to the expediency of establishing 
 a special Federal-police to execute the laws 
 of the United States, and prevent opposition 
 thereto. 
 
 By Mr. Noell of Missouri. That said 
 Committee be instructed to inquire and re- 
 port as to the expediency of abolishing the 
 office of President of the United States, 
 and establishing in lieu thereof an Executive 
 Council of three members to be elected by 
 districts composed of contiguous States 
 as nearly as possible — each member to be 
 armed with a veto power ; and also as to 
 whether the equilibrium of free and slave 
 States in the United States Senate can be 
 restored and preserved, particularly by a 
 voluntary division of some of the slave 
 States into two or more States. 
 
 By Mr. Hindman of Arkansas. In favor 
 of amending the Constitution as follows: 
 
 1st. An express recognition of slavery 
 
 in the States where it exists, and prohibition 
 of right of Congress to interfere therewith 
 or with the inter-State slave-trade. 
 
 2d. Expressly requiring Congress to pro- 
 tect slavery in the territories, and in all 
 places under its jurisdiction. 
 
 3d. For admission of new States, with or 
 without slavery, as their Constitutions 
 should provide. 
 
 4th. Right of transit for persons with 
 slaves through the free States. 
 
 5th. To prohibit a right of represen- 
 tation in Congress to any States passing 
 laws to impair the obligations of the iifgitive 
 slave law until such acts shall have been 
 repealed. 
 
 6th. Giving the slave States a negative 
 upon all acts of Congress relating to slavery. 
 
 7th. Making the above amendments, and 
 all provisions of the Constitution relative 
 to slavery unamendable. 
 
 8th. Granting to the several States au- 
 thority to appoint all Federal officers within 
 their respective limits. 
 
 By Mr. Lareabee of Wisconsin. Rec- 
 ommending the several States to call a 
 Convention of all the States to adopt such 
 measures as the existing exigency required. 
 
 By Mr. Anderson of Missouri. In fa- 
 vor of a joint resolution to refer the ques- 
 tions at issue between the free and slave 
 States to the Supreme Court of the United 
 States for their opinion, and when obtained, 
 that Congress should pass all necessary 
 laws for giving effect to the opinion of said 
 court. 
 
 By Mr. Smith of Virginia. In favor of 
 declaring out of the Union every State 
 which shall aim by legislation to nuUify an 
 act of Congress. 
 
 By Mr. Sickles of New York. To 
 amend the Constitution so as to provide, 
 that whenever a Convention of delegates 
 chosen in any State by the people thereof 
 under a recommendation of its Legislature, 
 shall rescind its ratification of the Consti- 
 tution, the President shall appoint, with 
 consent of the Senate, three Co»imissioners 
 to agree with such State regarding the dis- 
 position of the public property therein, and 
 the proportion of the public debt which 
 such State ought to assume, which being 
 approved by the President and two-thirds 
 of the Senate, he shall by proclamation de- 
 clare the assent of the United States to the 
 withdrawal of any such State from the 
 Union. 
 
 By Mr. Dunn of Indiana. A resolution 
 in favor of a more effectual execution of 
 the 2d Section of the 4th Article of the 
 Constitution to secure the personal rights 
 of citizens of any State, travelling or so- 
 journing in any other State. 
 
 By Mr. Adrain of New Jersey. A 
 series of resolutions in substance as follows : 
 Declaring the doctrine of non-intervention 
 of Congress in the territories ; the right of 
 the people to be admitted as a State, either 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 with or -without slavery, as its Constitution 
 should provide ; in favor of the repeal of all 
 enactments of State Legislatures which con- 
 flicted with acts of Congress, or the Con- 
 stitution, afiBrming the constitutionality of 
 the fugitive slave law ; inculcating a kind 
 and fraternal spirit among the people of the 
 different States, and deprecating any inter- 
 ference with the domestic institutions of one 
 another, and declaring that the Constitution 
 could only be preserved by the same spirit 
 of compromise that had governed its for- 
 mation. 
 
 By Mr. Morris of Pennsylvania. In- 
 structing the Committee of Thirty-three to 
 report if there are any personal liberty bills 
 of any State in conflict with the fugitive 
 slave law, and to inquire and report if the 
 fugitive slave law is not susceptible of amend- 
 ment so as to prevent kidnapping, and ren- 
 der more certain the ascertaimnent of 'the 
 true character of the fugitive. 
 
 By Mr. Stewart of Maryland. A lengthy 
 preamble reciting to the effect that the States 
 were sovereign, independent political organi- 
 zations originally, and had united from time to 
 time under such form of association or union 
 as was deemed expedient — which form of as- 
 sociation had been from time to time changed 
 peaceably as circumstances required ; that 
 it was the deliberate opinion of many of the 
 people that our present form of government, 
 from causes either resulting from or in vio- 
 lation of the Constitution, was inadequate 
 for the purposes for which it was created ; 
 that certain States were threatening to with- 
 draw their allegiance; and that we had 
 reached a crisis in our history which required 
 an alteration of the present form of govern- 
 ment ; and he followed with a resolution in- 
 structing the committee on the President's 
 message to inquire if any measures could be 
 adopted for preserving the rights of all the 
 States under the Union, and if not, to then 
 inquire as to the best mode of adjusting the 
 rights of the several States in a dissolution 
 of the Union. 
 
 By Mr. Leake of Virginia. A resolution 
 in favor of the amendment of the Constitu- 
 tion in the following particulars : Making it 
 the duty of Congress to pass laws to protect 
 slavery where it exists ; taking away all terri- 
 torial jurisdiction over the matter; guaran- 
 teeing the right of transit for persons with 
 their slaves in any State ; reaffirming the 
 fugitive slave clause, with additional provi- 
 sion for compensation in case of failure to 
 return the fugitive. 
 
 By Mr. Jenkins of Virginia. A resolution 
 directing the Committee of Thirty-three to in- 
 quire into the best mode of amending the 
 fugitive slave law so as to adequately punish 
 its infraction and render compensation when 
 the slave should not be restored ; also as to 
 whether the election of a President hostile to 
 the slaveholding interest was not a sufficient 
 reason to justify the slaveholding States to re- 
 quire that their concurrent sanction should be 
 
 separately given to every act of the Federal 
 Government, or whether there should be a 
 dual Executive or a dual Senate, or the 
 assent of a majority of the Senators from 
 each section necessary to pass any law, or 
 what other measures were needed for the 
 protection of the slaveholding States. 
 
 By Mr. Cox of Ohio. A resolution direct- 
 ing the Committee of Thirty-three to in- 
 quire what additional legislation was neces- 
 sary to enforce the provisions of the Con- 
 stitution relative to rendition of fugitives, 
 and that such inquiry should be made 
 with special reference to punishing all judges, 
 attorney-generals, executives, and otlier 
 State ufficers who should oppose its execution. 
 
 By Mr. Hutchins of Ohio. A resolution 
 directing said committee to inquire what 
 legislation was needed to give effect to sec- 
 tion two of article four of the Constitution, 
 granting to " the citizens of each State all 
 the privileges and immunities of citizens in 
 the several States," and to secure to all the 
 people the full benefit of article four of 
 amendments to the Constitution, which 
 guarantees exemption from unreasonable 
 searches and seizures, etc. 
 
 By Mr. Sherman of Ohio. A series of 
 resolutions to the effect that the only remedy 
 for existing dissensions was to be found in a 
 faithful observance of all the compromises of 
 the Constitution and the laws made in pur- 
 suance thereof; instructing the Committee of 
 Thirty-three to inquire whether any State or 
 the people thereof have failed of their duty 
 in this regard, and if so what remedy should 
 be made therefor, and directing said com- 
 mittee to divide the remaining Territories 
 into States of convenient size with a view to 
 their immediate admission into the Union. 
 
 By Mr. Bingham of Ohio. A resolution 
 directing the committee to report such addi- 
 tional legislation as might be needed to put 
 down armed rebellion and protect the prop- 
 erty of the United States from seizure, and 
 the citizens thereof from unlawful violence. 
 
 other propositions submitted to the house. 
 
 Mr. Etheridge of Tennessee proposed a 
 series of amendments to the Constitution, 
 in substance as follows : 
 
 That Congress shall not interfere with 
 slavery in the States, nor in any fort.-, 
 arsenals, etc., ceded to the United States 
 by a slave State, nor in the District of Col- 
 umbia, without the consent of Maryland, 
 Virginia, and the inhabitants of the District, 
 nor without making compensation ; nor with 
 the inter-State slave-trade. Foreign slave- 
 trade prohibited. In regard to slavery in 
 Territories, a provision similar to that pro- 
 posed by Mr. Cochrane, before cited. No 
 foreign territory to be acquired except on a 
 concurrent two-thirds vote of both houses of 
 Congress or by a treaty ratified by two-thirds 
 of the members of the Senate ; and an amend- 
 ment in reference to rendition of fugitives 
 from justice. 
 
56 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 Mr. Davis of Indiana. A preamble and 
 resolution reciting the Ordinance of Seces- 
 sion of Sonth Carolina, and directing the 
 Committee on the Judiciary to inquire and 
 report what legislation had been rendered 
 necessary in consequence thereof. 
 
 Mr. HoLMAN of Indiana, offered a series of 
 resolutions, denying the right of secession, 
 affirming it to be the duty of the General 
 Government to collect the revenue and pro- 
 tect the pviblic property, and instructing the 
 Committee on the Judiciary to inquire and 
 report what legislation is needed to enable 
 the Government to discharge its constitu- 
 tional duty in these regards. 
 
 Mr. Flokence of Pennsylvania, offered as a 
 substitute for the report of the Committee 
 of Thirty-three a series of amendments to 
 the Constitution, in substance as follows : 
 
 1st. Grantmg the right to hold slaves in 
 all territory south of 36° 30', and prohibit- 
 ing Congress and the Territorial Legislature 
 from interfering with it therein, or in any 
 other place within the jurisdiction of the 
 United States, without the consent of all 
 the slave States. 
 
 2d. Admitting States into the Union with 
 a population equal to the ratio of represen- 
 tation, with or without slavery, as their 
 Constitution shall prescribe. 
 
 3d. Prohibiting any alteration of the 
 present basis of representation — declaring 
 the slavery question to be one exclusively 
 for each State ; but with proviso that this 
 amendment shall not be constnied so as to 
 release the General Government from its 
 obligations to suppress domestic insurrection 
 in any State. 
 
 4th. Giving the right to abolish slavery 
 in the District of Columbia exclusively to 
 the State of Maryland. 
 
 5th. Prohibiting any State from passing 
 laws to obstruct the rendition of fugitive 
 slaves. 
 
 6th. Granting the right of transit with 
 slaves through all the States. 
 
 7th. Declaring all slaves brought into any 
 State by permission thereof, and escaping, 
 to be fugitives from labor. 
 
 8th. Prohibiting the African slave-trade, 
 and also prohibiting persons of African de- 
 scent from becoming citizens. 
 
 9th. Making all acts of any inhabitants 
 of the United States tending to incite slaves 
 to insurrection, penal offences. 
 
 10th. Making the county in which any 
 fugitive slave shall be rescued, liable to pay 
 the value thereof. 
 
 11th. Prohibiting slavery in territory 
 north of 36° 30'. 
 
 12th. Giving returned fugitive slaves a 
 trial by a jury in the place to which they 
 shall have been returned. 
 
 13th. Provides for rendition of fugitives 
 from justice. 
 
 14th. Declaring inviolable the rights of 
 the citizens of any State sojourning in an- 
 other State. 
 
 15th. No State shall retire from the Union 
 without the consent of three-fourths of all 
 the States. 
 
 16th. Giving full power to three-fourths 
 of the States at any time to call a Conven- 
 tion to amend or abolish the Constitution. 
 
 17th. Declares articles 8, 9 and 10 of 
 these amendments to be unalterable, unless 
 by consent of all the slave States. 
 
 Mr. FeiNton of New York, offered as a 
 substitute for the report of the Committee 
 of Thirty-three a preamble and resolution, 
 reciting the conflicting differences of opinion 
 as to the causes of the present disturbances, 
 and favoring the calling of a Convention of 
 delegates from the several States. 
 
 Mr. Kellogg of Illinois. As a substitute 
 for the report of the Committee, amend- 
 ments to the Constitution in substance as 
 follows : Prohibiting slavery in territory 
 north of 36° 30', and permitting it south of 
 that hne, and providing for its admission as 
 States with a population equal to the ratio 
 of representation, with or without slavery, 
 as its Constitution should prescribe ; pro- 
 hibiting any interference by Congress with 
 the subject in the States, either to abolish or 
 establish slavery ; affirmatory of the fugitive 
 slave-clause of the Constitution, with amend- 
 ment providing for compensation, and pro- 
 hibiting the foreign slave-trade. 
 
 By Mr. Vallandigham of Ohio, the fol- 
 lowing preamble and resolution : 
 
 Joint Resolution proposino Amendments to the Con- 
 stitution. 
 
 Whereas, the Constitution of the United States is a 
 grant of specific powers delegated to the Federal Govern- 
 ment by the people of the several States, all powers not 
 delegated to it nor pi-ohibited to the States being reserved 
 to the States respectively, or to the people: and whereas it 
 is the tendency of stronger Governments to enlarge their 
 powers and jurisdiction at the expense of weaker Govern- 
 mepts, and of majorities to usurp and abuse power and 
 oppress minorities, to arrest and hold in check which ten- 
 dency compacts and Constitutions are made ; and whereas 
 the only effectual constitutional security for the rights of 
 minorities, whether as people or as States, is the pow^r 
 expressly reserved in Constitutions of protecting those 
 rights by their own action; and whereas this mude of 
 protection, by checks and guarantees, is recognized in the 
 Federal Constitution, as well in the case of the equality of 
 the States in representation and in suffrage in the Senate, 
 as in the provision for overruling the vote of the President, 
 and for amending the Constitution, not to enumerate other 
 examples ; and whereas, unhappily, because of the vast 
 extent and diversified interests and institutions of the sev- 
 eral States of the Union, sectional divisions can no longer 
 be suppressed; and whereas it concerns the peace and sta- 
 bility of the Federal Union and Government that a division 
 of the States into mere slaveholding and non-slaveholding 
 sections, causing hitherto, and from the nature and neces- 
 sity of the case, inflammatory and disastrous controversies 
 upon the subject of slavery, ending already in present dis- 
 ruption of the Union, should be forever hereafter ignored : 
 and whereas this important end is best to be attained by 
 the recognition of other sections without regard to slavery 
 neither of which sections shall alone be strong enough to 
 oppress or control the others, and each be vested with the 
 power to protect itself from aggressions: Therefore, 
 
 Be it resolved by the Senate and Home of Ri-presenta- 
 tives of the United States of America in Congress assem- 
 bled, (two-thirds of both Houses concurring,) That the 
 following articles be and are hereby proposed as amend- 
 ments to the Constitution of the United States, which 
 shall be valid to all intents and purposes as part of said 
 Constitution when ratified by Conventions in tliree-fourths 
 of the several States: 
 
 Article xiii. Sec. 1. The United States are divided into 
 four sections, as follows : 
 
 The States of Maine, New Hampshire, Vermont, Mass- 
 achusetts, Rhode Island, Connecticut, New York, New 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 57 
 
 Jersey, and Peunsylvania, and all new States annexed and 
 atlmittod into the Union, or formed or erected witKiu the 
 jurisdiction of any of said States, or by the junction of 
 two or more of the same or of parts thereof, or out of ter- 
 ritory acquired north of said States, shall constitute one 
 toction, to be known as the Nokth. 
 
 The States of Ohio, Indiana, Illinois, Michigan, Wis- 
 consin, Minnesota, Iowa, and Kansas, and all new States 
 annexed or admitted into the Union, or erected within the 
 jurisdiction of any of said States, or by the junction of two 
 or more of the same or of parts thereof, or out of territory 
 now held or hereafter acquired north of latitude 36° 30' 
 and east of the crest of the Rocky Mountains, ehall con- 
 stitute another section, to be known as the West. 
 
 The States of Oregon and California, and all new States 
 annexed and admitted into the Union, or formed or erected 
 within the jurisdiction of any of said States, or by the 
 junction of two or more of the same or of parts thereof, or 
 out of territory now held or hereafter acquired west of the 
 crest of the Rocky Mountains and of the Rio Grande, shall 
 constitute another section to be known as the Pacific. 
 
 The States of Delaware, Maryland, Virginia, North Caro- 
 lina, South Carolina, Georgia, Florida, Alabama, Missis- 
 sippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky, 
 and Missouri, and all new States annexed and admitted 
 into the Union, or formed or erected within the jurisdic- 
 tion of any of said States, or by the junction of two or 
 more of the same or of parts thereof, or out of territory 
 acquired east of the Rio Grande and south of latitude 
 36° 30', shall constitute another section, to be known as 
 the SoDTH. 
 
 Sec. 2. On demand of one-third of the Senators of any 
 one of the sections on any bill, order, resolution, or vote, 
 to which the concurrence of the House of Representatives 
 may be necessary, except on a question of adjournment, a 
 vote shall be had by sections, and a majority of the Sena- 
 tors from each section voting shall be necessary to the pas- 
 sage of such bill, order, or resolution, and to the validity 
 of every such vote. 
 
 Sec. 3. Two of the electors for President and Vice Pres- 
 ident shall be appointed by each State in such manner as 
 the Legislature thereof may direct for the State at large. 
 The other electors to which each State may be entitled 
 shall be chosen in the respective Congressional districts 
 into which the State may at the regular decennial period 
 have beeu divided, by the electors of each district having 
 the qualifications requisite for electors of the most numer- 
 ous branch of the State Legislature. A majority of all 
 the electors in each of the four sections in tliis article estftb- 
 libhed shall he necessary to the choice of President and 
 Vice President ; and the concurrence of a majority of the 
 States of each section shall be necessary to the choice of 
 President by the House of Representatives, and of the Sen- 
 ators from each section to the choice of Vice President by 
 the Senate, whenever the right of choice shall devolve 
 upon them respectively. 
 
 Sec. 4. The President and Vice President shall hold 
 their offices each during the term of six years ; and neither 
 sliall be eligible to more than one termexcept by the votes 
 of two-thirds of all the electors of each section, or of the 
 States of each section, whenever the right of choice of 
 President shall devolve upon the House of Representatives, 
 or of the Senators from each section whenever the right 
 of choice of Vice President shall devolve upon the Senate. 
 
 Sec. 5. The Congress shall by law provide for the case of 
 a failure by the House of Representatives to choose a Pres- 
 ident, and of the Senate to choose a Vice President, 
 whenever the right of choice shall devolve upon them re- 
 spectively, declaring what officer shall then act as Presi- 
 dent ; and such officer shall act accordingly until aT'^resi- 
 deut be elected. The Congress shall also provide by law 
 for a special election for President and Vice President in 
 such cas«, to be held and completed within six months 
 from the expiration of the term of office of the last pre- 
 ceding President and to be conducted in all respects as 
 provided for in the Constitution for regular elections of the 
 same officers, except that if the House of Representatives 
 shall not choose a President, should the right of choice 
 devolve upon them, within twenty days from the opening 
 of the certificates and counting of the electoral votes, then 
 the Vice President shall act as President as in the case 
 of the death or other constitutional disability of the 
 President. The term of office of the President chosen 
 under such special elections shall continue six years from 
 the 4th day of March preceding such election. 
 
 Article xiv. No State shall secede without the consent 
 of the Legislatures of all the States of the section to which 
 the State proposing to secede belongs. The President 
 shall have power to adjust with seceding States all ques- 
 tions arising by reason of their secession ; but the terms 
 of adjustment shall be submitted to the Congress for their 
 approval before the same shall be valid. 
 
 Article xv. Neither the Congress nor a Territorial 
 Legislature shall have power to interfere with the right 
 
 of the citizens of any of the States wiiliin either of the 
 sections to migrate upon equal terms with the citizens of 
 the States within either of the other sections, to the Ter- 
 ritories of the United States ; nor shall either have power 
 to destroy or impair any rights of either person or property 
 in the Territories. New States annexed for admission 
 into the Union, or formed or erected within the jurisdiction 
 of other States, or by the junction of two or more States 
 or parts of States, and States formed with^the consent of 
 the Congress out of any territory of the'' United States, 
 shall be entitled to admission upon an equal footing with 
 the original States, under any constitution establishing a 
 Government republican in form, which the people thereof 
 may ordain, whenever such States shall contain, within 
 an area of not less than thirty thousand square miles, a 
 P'lpalation equal to the then existing ratio of representation 
 for one member of the Hou.-^e of Representatives. 
 
 Report of the Committee of Thirty- 
 three. 
 
 January 14th, 1861. Mr. Corwin" reported 
 a series of propositions, with a written state- 
 ment in advocacy thereof, which closes with 
 the remark that " the Committee were not 
 unanimous on all the resolutions and bills 
 presented, but a majority of a quorum was 
 obtained on them all." 
 
 Mr. Charles Francis Adams of Massa- 
 chusetts, made a separate report, which 
 closes thus: "The general conclusion to 
 which the subscriber has arrived from a 
 close observation of the action of the Com- 
 mittee, is this : That no form of adjustment 
 will be satisfactory to the recusant States 
 which does not incorporate into the Consti- 
 tution of the United States a recognition of 
 this obligation to protect and extend slavery. 
 On this condition, and on this alone, will 
 they consent to withdraw their opposition to 
 the recognition of the constitutional election 
 of the Chief Magistrate. Viewing the mat- 
 ter in this light, it seems unadvisable to 
 attempt to proceed a step further in the 
 way of offering unacceptable propositions. 
 He can never give his consent to the terms 
 demanded. 
 
 "For this reason it is that, after hav- 
 ing become convinced of this truth, he 
 changed his course and declined to recom- 
 mend the very measures which he in good 
 faith had offered. It certainly can be of no 
 use to propose as an adjustment that which 
 has no prospect of being received as such 
 by the other party. Hence he feels it his 
 duty now to record his dissent from the 
 action of a majority of his colleagues in 
 introducing any measures whatever for the 
 consideration of the House." 
 
 Mr. C. C. Washburn of Wisconsin, and 
 Mr. Mason W. Tappax of New Hampshire, 
 also submitted a minority report, concluding 
 with this resolution : 
 
 Resolved, That the provisions of the 
 Constitution are ample for the preservation 
 of the Union and the protection of all the 
 material interests of our country; that it 
 needs to be obeyed rather than amended ; 
 and that our extrication from our present 
 difficulties is to be looked for in efforts to 
 preserve and protect the public property 
 and enforce the laws, rather than in new 
 guarantees for particular interests, or com- 
 
58 
 
 PEOCEEDINGS OF THE GOVERNMENT. 
 
 promises or concessions to unreasonable de- 
 mands. 
 
 Messrs. Taylor of Louisiana, Phelps of 
 Missouri, Rust of Arkansas, Whiteley of 
 Delaware, and Wixslow of North Carolina, 
 also submitted a minority report, arguing 
 that the present difficulties can only be 
 remedied by amendments to the Constitution, 
 and suggesting the Crittenden proposition. 
 If that cannot be adopted, they recommend 
 a Convention of the States, with a view, if 
 no adjustment can be effected, to peaceable 
 separation, by providing for a partition of 
 the common property of the United States, 
 settling the terms on which the social and 
 commercial intercourse between the sepa- 
 rated States shall be conducted, and making 
 a permanent arrangement with respect to 
 the navigation of the Mississippi river. 
 
 Messrs. Burch of California and Stout of 
 Oregon submitted a separate report, sus- 
 taining the propositions submitted by Mr. 
 CoRwiN, but urging, in addition, the assem- 
 bling of a National Constitutional Conven- 
 tion to consider the whole subject matter of 
 the difficulties. 
 
 Mr. Nelson of Tennessee made a report, 
 arguing in favor of the establishment of 
 the line of 36° 30', north of which slavery 
 shall be prohibited, and south of which it 
 shall be protected until any territory shall 
 contain the population requisite for a mem- 
 ber of Congress, when, if its form of gov- 
 ernment be republican, it shall be admitted 
 into the Union, with or without slavery, as 
 the Constitution of such new State may 
 provide. He dissented from the proposition 
 to admit New Mexico, opposed the proposed 
 change of the fugitive slave law, and rec- 
 ommended the Crittenden proposition. 
 
 Messrs. Love of Georgia, and Hamilton 
 of Texas, dissented from the majority re- 
 port, and recommended the Crittenden pro- 
 position. 
 
 Mr. Ferry was unable to concur in the 
 report made by Mr. Corwin, and made a 
 statement of his position. 
 
 Vote on the first proposition of the Com- 
 mittee OF Thirty-three, Feb. 27th, 1861. 
 
 declaratory resolutions. 
 Resolved by the Senate and House of 
 Representatives of the United States of 
 America in Congress assembled, That all 
 attempts on the part of the Legislatures 
 of any of the States to obstruct or hinder 
 the recovery and surrender of fugitives from 
 service or labor, are in derogation of the 
 Constitution of the United States, incon- 
 sistent with the comity and good neighbor- 
 hood that should prevail among the several 
 States, and dangerous to the peace of the 
 Union. 
 
 Resolved, That the several States be re- 
 spectfully requested to cause their statutes 
 to be revised, with a view to ascertain if 
 any of them are in conflict with or tend to 
 embarrass or hinder the execution of the 
 
 laws of the United States, made in pursuance 
 of the second section of the fourth article 
 of the Constitution of the Unit-ed States for 
 the delivery up of persons held to labor by 
 the laws of any State and escaping there- 
 from ; and the Senate and House of Rep- 
 resentatives earnestly request that all en- 
 actments having such tendency be forthwith 
 repealed, as required by a just sense of con- 
 stitutional obligations, and by a due regard 
 for the peace of the Republic ; and the 
 President of the United States is requested 
 to communicate these resolutions to the 
 Governors of the several States, with a 
 request that they will lay the same before 
 the Legislatures thereof respectively. 
 
 Resolved, That we recogTiize slavery as 
 now existing in fifteen of the United States 
 by the usages and laws of those States ; and 
 we recognize no authority, legally or otlier- 
 wise, outside of a State where it so exists, 
 to interfere with slaves or slavery in such 
 States, in disregard of the rights of their 
 owners or the peace of society. 
 
 Resolved, That we recognize the justice 
 and propriety of a faithful execution of the 
 Constitution, and laws made in pursuance 
 thereof on the subject of fugitive slaves, or 
 fugitives from service or labor, and dis- 
 countenance all mobs or hindrances to the 
 execution of such laws, and that citizens of 
 each State shall be entitled to all the privi- 
 leges and immunities of citizens in the sev- 
 eral States. 
 
 Resolved, That we recognize no such 
 conflicting elements in its composition, or 
 sufficient cause from any source, fcr a dis- 
 solution of this Government ; that we were 
 not sent here to destroy, but to sustain and 
 harmonize th^i institutions of the country, 
 and to see that equal justice is done to all 
 parts of the same; and finally, to perpetuate 
 its existence on terms of equality and justice 
 to all th€ States. 
 
 Resolved, That a faithful observance, on 
 the part of all the States, of all their consti- 
 tutional obligations to each other and to the 
 Federal Government, is essential to the 
 peace of the country. 
 
 Resolved, That it is the duty of the Fed- 
 eral Government to enforce the Federal laws, 
 protect the Federal property, and preserve 
 the Union of these States. 
 
 Resolved, That each State be requested to 
 revise its statutes, and, if necessary, so to 
 amend the same as to secure, without legis- 
 lation by Congress, to citizens of other States 
 travelling therein, the same protection as 
 citizens of such State enjoy; and also to pro- 
 tect the citizens of other States travelling or 
 sojourning therein against popular violence 
 or illegal summary punishment, without 
 trial in due form of law, for imputed 
 crimes. 
 
 Resolved, That each State be also respect- 
 fully requested to enact such laws as will 
 prevent and pimish anv attempt whatever 
 in such State to recognize or set on foot the 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 5y 
 
 lawless invasion of any other State or Terri- 
 tory. 
 
 Resolved, That the President be requested 
 to transmit copies of the foregoing resolu- 
 tions to the Governors of the several States, 
 with a request that they be communicated 
 to their respective Legislatures. 
 
 Yeas — Messrs. Charles F. Adiims. Green Adams, Adrain, 
 Aldrich, William C. Anderson, Babbitt, Barrett, Beale, Bote- 
 ler, Bralsoii, Brayton, Briggs, Bristow, Brown, Burch, Burn- 
 liam, Butterfield, Campbell, Carter, John B. Clark, Coburn, 
 Clark B. Cochrane, John Cxhrane, Colfax, Conkling, Cor- 
 win,Covode, Cor, James Craig, H. Winter Bnvis, John G. 
 Davis, Delano, Dimm.i':k,'D\xnn, Edwards, ^\y, English, Ethe- 
 ^ridge, Farnsworth, Ferry, Florence, Foster, Fouke, French, 
 Gilmer, Graham, Grow, Gurley, Hale, Hall, Hamilton, J. 
 Morrison Harris, John T. Harris, Haskin, Hatton, Helmick, 
 Hoai-d, Holman, William, Howard, William A. Howard, 
 Humphrey, Irvine, Junkin, Francis W. Kellogg, William 
 Kellogg, Kenyon, Kilgore, Killinger, Larrabee, James M. 
 Leach, Lee, Logan, Longnecker, Loomis, Maclay, Mallory, 
 Marston, Charles D.Martin, Mayuard, J/cCTema7i5,McKean, 
 McKenty, McKnight, McPherson, MiUson, Monignmery, 
 Laban T. Moore, Moorhead, Morrill, Edward Joy Morris, 
 Isaac N. Harris, Morse, Nelson, Niblack, Nixon, Noell, Olin, 
 Palmer, Perry, Pettit, Peyton, Phelps, Porter, Pottle, 
 Quarles, John H. Reynolds, Rice, Riggs, Christopher Robin- 
 son, James C. Robinson, Royce, Scranton, Sherman, Sickles, 
 Simms, William N. H. Smith, Spaulding, Stanton, Sleve7ison, 
 William Stewart, Stokes, Stout, Stratton, Thayer, Tompkins, 
 Train, Trimble, Vallandigham, Vance, Verree, Waldion, 
 Walton, Webster, Wilson, Windom, Wood, Woodruff — 137. 
 
 Nats — Messrs. Alley,Ashley,^i'ery,Bingiiam, Blair, Blake, 
 Bocock, Branch, Buffinton, Burlingame, Burnett, Carey ,Case, 
 Conwaj', Burton Craige, Dawes, De Jarnette, Duell, Edmund- 
 son, Eliot, Fenton, Garnett, Gooch, Hickman, Hindman, 
 Hughes, Hutchins, Jenkins, De Witt C. Leach, Leake, Love- 
 joy, Elbert S. Martin, Potter, Pryor, Edwin R. Reynolds, 
 Ruffin, Rust, Sedgwick, William Smith,- Somes. Spinner, 
 Stevens, James A. Stewart, Tappiin, Thomas, Vandever, A'an 
 Wyck, Wade, Cadwalader C. Washburn, Wells, WhiteUy, 
 Winslow, Woodson — 53. 
 
 So the joint resolution was passed. 
 
 VOTE ON SECOND PROPOSITION. 
 CONSTITUTIONAL AMENDMENT. 
 
 Be it resolved by the Senate and House of 
 Representatives of the United States of Ame- 
 rica in Congress assembled, tioo4hirds of 
 both Houses concurring, That the following 
 article be proposed to the Legislatures of the 
 several States as an amendment to the Con- 
 stitution 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. XII. No amendment of this Con- 
 stitution having for its object any interference 
 within the States with the relation between 
 their citizens and those described in section 
 second of the first article of the Constitution 
 as " all other persons," shall originate with 
 any State that does not recognize that rela- 1 
 tion within its own limits, or shall be valid 
 without the assent of every one of the States 
 composing the Union. 
 
 Before the vote was taken Mr. Corwin 
 offered the following substitute for the above 
 article : 
 
 Art. XII. No amendment shall be made 
 to the Constitution which will authorize or 
 give to Congress the power to abolish or in- 
 terfere, within any State, with the domestic 
 institutions thereof, including that of per- 
 sons held to labor or service by the laws of 
 said State. ( 
 
 Which was agreed to, yeas 120, nays 61, 1 
 as follows : 
 
 Teas — Messrs. Charlea F. Adams, Green Adams, Aldrich, 
 William C. Anderson, Arery, Babbitt, Bai-r, Barrett, Bocock, 
 \ Boteler, Brabson, Briggs, Bristow, Brown, Burch, Burnett, 
 Butterfield, Campbell, Horace F. Clark, John B. Clark, 
 Coburn, Clark B. Cochrane, John Cochrane, Colfax, Corwin, 
 Cox, Jamet Craig, H. Winter Davis, John G. Davis, Dawes, 
 De Jarnette, Delano, Dimmick, Dunn, Edmundson, English, 
 Etheridge, Florence, Fouke, Gilmer, Hale, Hall, Hamilton, 
 i J. Morrison Harris, John T. Harris, Hatton, Helmick, 
 Hoard, Holman, William Howard, William A. Howard, 
 Hughes, Humphrey, Jenkins, Junkin. Francis W. Kellogg, 
 ' William Kellogg, Kenyon, Kilgore, Killinger, Kunkel, Lar- 
 rabee, James M. Leach, Leake, Logan, Mallory, Marston, 
 Cliarles D. Martin, Elbert S. Martin, Maynard, McClemand, 
 I McKenty, McKnight, McPherson, Million, Montgomery, 
 Laban T. Moore, Moorhead, Morrill, Edw.ard Joy Morris, 
 Isaac N. Morris, Nelson, Niblack, Nixon, Noell, Olin, 
 Palmer, Peylrm, Phelps, Porter, Pryor, Quarles, John H. 
 Reynolds, Rice, Riggs, Christopher Robinson, James C. Roi>- 
 inson, Ruffin, Rust, Scranton, Sickles, Sim7ns, William N. H. 
 Smith, Spaulding, Stanton, Stevenson, James A. Stewart, 
 Stokes, Stout, Stratton, Thayer, Thomas, Trimble, Vance, 
 Verree, Walton, Webster, Windom, Woodson, Wright— 120. 
 Nats — Messrs. Alley, Ashley, Beale, Bingham, Blair, 
 I Blake , Brayton, Buflfinton, Burlingame, Burnham, Carey, 
 I Carter, Case, Conkling, Conway, Duell, Edgerton, Edwards, 
 I Eliot, Ely, Fenton, Ferry, Foster, Frank, Gooch, Graham, 
 I Grow, Hickman, Hindman, Hutchins, Irvine, De Witt C. 
 Leach, Lee, Longnecker, Loomis, Lovejoy, McKean, PeiTy, 
 Pettit, Potter, Pottle, Edmn R. Reynolds, Royce, Sedgwick, 
 Somes, Spinner, Stevens, William Stewart, Tappan, Tomp- 
 kins, Train, Vandever, Van Wyck, Wade, Waldion, Cadwal- 
 ader C. Washburn, ElUhu B. Washburne, Wells, Wilson, 
 Winslow, Woodruff— 61. 
 
 The resolution as amended was then nega- 
 tived, yeas 120, nays 71, two-thirds not vot- 
 ing in the affirmative, as follows : 
 
 Yeas — Messrs. Charles F. Adams, Green Adams, Ad- 
 rain, William C. Xuderaoa, Avery, Babbitt, Barr, Barrett, 
 Bocock, Boteler, Bouligny, Brabson. Bra7ich, Briggs, Bris- 
 tow, Brown, Burch, Burnett. Campbell, Horace F. Clark, 
 John B. Clark, Clark B. Cochrane, John Cochrane, Colfax, 
 Corwin, Cox, James Craig, Burtmi Craige, H. Winter Davis, 
 John G. Davis, De Jarnette, Delano, Dimmick, Dunn, Ed- 
 mundson, English. Etheridge, Florence, Fouke, Garnett, 
 Gilmer, Hale, Hall, Hamilton, J. Morrison Harris, John T. 
 Harris, Hatton, Helmick, Hoard, Holman, Wm. Hoivard, 
 William A. Howard, Hughes, Humphrey, ,h:nkins, Junkin, 
 William Kellogg, Kenyon, Jtillinj-:-. A' '■ '. Larrabee, 
 James M. Leach, ieafce, Logan. J/ . ', rv, Cliarles 
 
 D. Martin, Elbert S. Martin, Mr , , 'mmd, Jl/c- 
 
 -fiTe/iiy, McKnight, McPherson, J// , ■' ..r^, Laban 
 
 T. Moore, Moorhead, Morrill, Edward Jny 'jlnrris, Isaac 
 N. Morris, Nelson, Niblack. Nixon, Noell. Olin, Peyton, 
 Phelps, Porter, Pryor, Quarles, John H. Reynolds, Rice, 
 Riggs, Christopher Robinson, James C. Robinson, Ruffin, 
 Rust, Scranton, Sickles, Simms, William N. H. Smith, 
 Spaulding, Stanton, Stevenson, James A. Stewart, Stokes, 
 Stout, Thayer, Thomas, Trimble, Vallandigham, Vancf, 
 Verree, Webster, Whitelcy, Windom, Wuislow, Wood, 
 Wmlson, Wright^l20. 
 
 Nats — Messrs. Aldrich, Alley, Ashley, Be.ale, Bingham, 
 Blair, Blake, Brayton, Buffinton, Burlingame. Burnham, 
 Butterfield, Carey, Carter, Case, Coburn, Conkling, Conway, 
 Covode, Dawes, Duell, Edgerton, Edwards, Eliot, Ely, 
 Farnsworth, Fenton, Ferry, Foster, Frank, Gooch, Graham, 
 Grow, Gurley, Hickman, Hutchins, Irvine, Francis 'W. 
 Kellogg, Kilgore, De Witt C. Leach, Lee, Longnecker, 
 Loomis, Lovejoy. Marston, McKean, Morse, Perry, Pettit, 
 Potter, Pottle, Edwin R. Reynolds, Royce, Sedgwick, Somes, 
 Spinner, Stevens, William Stewart, Tappan, Tompkins, 
 Train, Vandever, A'an Wyck, Wade, ^\■aldron, Walton, 
 Cadwalader C. Washburn, Ellihu B. Washburne, Wells, 
 Wilson, Woodruff— 71. 
 
 Mr. Kilgore entered a motion to re-con- 
 sider. 
 
 February 28th. This motion was carried, 
 yeas 125, nays 68, and the joint resolution 
 then passed, yeas 133, nays 65, as follows : 
 
 Yeas — Messrs. Charles F. Adams, Green Adams, Ad- 
 rain, Aldrich, William C. Anderson, Avery, Babbitt, Barr, 
 Bai-rett, Bocock, Boteler, Bouligny, Brabson, Branch, 
 Briggs, Bristow, Brown, Burch, Burnett, Butterfield, Camp- 
 bell. Horace F. Clark, John B. Clark, Clemens, Clark B. 
 Cochrane, John Cochrane, Cnlfax. Corwin, Cox, James 
 Craig, Burton Craige. II. Winter Davis, John G. Da\yis, 
 De Jai-nettt, Delano, Dimmick, Dunn, Edmimdson, English, 
 Etheridge, Florence, Fouke, French, Garnett. Gilmer, Hale, 
 Hall, Hamilton, J. Monison Harris, John T. Harris, Has- 
 kin. Hatton, Helmick, Hoard, Holman, William Howanl, 
 William A. Howard, Hughes, Humphrey, Jenkins, Junkia, 
 
60 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 William Kenoger, Ken.T<in, Kilgore, Killinger, Kinil.rl. 
 Larrabee, James M. Leach, Leake, Logan, Mudaji, JIallory, 
 Charles D. Martin, Elbert S. Martin, Maynard, ikClernand, 
 McKentt/, McKnight, McPherson, Millann, Mrmtgomery, 
 Laban T. Moore, Moorhead, Moriill, Edward Joy Morris, 
 Isaac N. Morris, Morse, Nelson, Niblack, Nixon, Nodi, Olin, 
 Pnlmer, Pendleton, Peyton, Phelps, Porter, Pn/or, Quarles, 
 John H. Reynolds, Kice, Riggs, Christopher Robinson, 
 Janus C. Robinson, Ruffin, Rust, Scott, Scranton, Sherman, 
 Sickles, Simms, William N. H. Smith, Spauldiug, Stanton, 
 Stevenson, James A. Stewart, Stokes, Stout, Stratton, Thayer, 
 Theaker, Thomas, Trimble, Vallandigham, Vance, Verree, 
 Webster, WhiteUy, Windom, Winslow, Wood, Woodson, 
 Wright— 133. > 
 
 Nats — Messrs. Alley, Ashley, Beale, Bingham, Blair. 
 Blake, Brayton, Buffinton, Burlingame, Burnham, Carey, 
 Carter, Case, Coburn, Conkling, Conway, Dawes, Dueil, 
 Edgerton, Edwards, Eliot, Ely, Farnsworth, Fenton, Ferry, 
 Foster, Frank, Gooch, Grow, Gtirley, Hickman, Hindman, 
 Hutchins, Irvine, Francis W. Kellogg, DeWitt C. Leach, 
 Lee, Longnecker, Loomis, Lovejoy, Marston, McKean, 
 Pettit, Potter, Pottle, Edwin K. Reynolds, Royce, Sedgwick, 
 Somes, Spinner^ Stevens, William Stewart, Tappan, Tomp- 
 kins, Train, Van (lever, Van Wvck, Wade, Waldron, Walton, 
 Cadwalader C. Washburn, E'Uihu B. Washburne, Wells, 
 Wilson, Woodiuff— G5. 
 
 March 2d. The joint resohition passed the 
 Senate, yeas 24, nays 12, as follows : 
 
 Yeas— Messrs. Anthony, Baker, Bigler, Bright, Critten- 
 don, Dixon, Douglas, Foster, Grimes, Gwin, Harlan, Hunter, 
 Johnson of Tennessee, Kennedy, Latham, Mason, Morrill, 
 Alcholson, Polk, Pugh, Rice, Sebastian, Ten Eyck, Tliom- 
 son— 24. 
 
 Nats— Messrs. Bingham, Chandler, Clark, Doolittlo, Diir- 
 kee. Foot, King, Sumner, Trumbull, Wade, Wilkinson, Wil- 
 son— 12. , 
 
 So the joint resolution was agreed to, by 
 both Houses.* 
 
 vote on third proposition. 
 
 for the admission of new mexico into the 
 Union, march 1, 1861. 
 
 Whereas, by the act of Concfress approved 
 on the 9th of September, in the year 1850, it 
 was provided that the people of New Mexico, 
 when admitted as a State, shall be received 
 into the Union with or without slavery, as 
 their constitution may provide at the time 
 of their admission ; and whereas the popula- 
 tion of said Territory is now sufficient to 
 constitute a State government : Therefore, 
 
 Be it enacted by the Senate and House of 
 Representatives of the United States of Ame- 
 rica in Congress assembled, That the inhabi- 
 tants of, the Territory of New Mexico, in- 
 cluding therein the region called Arizona, 
 be, and they are hereby, authorized to form 
 for themselves a constitution of State gov- 
 ernment by the name of the State of New 
 Mexico; and the said State, when formed, 
 shall be admitted into the Union upon the 
 same footing with the original States in all 
 respects whatever. And said constitution 
 shall be formed by a convention of the peo- 
 ple of New Mexico, which shall consist of 
 twice the number of members now by law 
 constituting the House of Representatives 
 of the Territory ; each representative district 
 shall elect two members to said convention 
 for every member how by law elected in such 
 district to the Territorial House of Repre- 
 sentatives ; and in such election only those 
 persons shall vote for such delegates as are, 
 by the laws of said Territory now in force, 
 
 * The Legislatures of Ohio and Maryland agreed to the 
 »«»endment promptly. 
 
 entitled to vote for members of the Terri- 
 torial House of Representatives. The elec- 
 tion for the convention shall be held on the 
 5th day of August, 1861, by the same ofiScers 
 who woiild hold an election for members of 
 the said House of Representatives ; and those 
 officers shall conform to the law now in force 
 in said Territory for election for members of 
 said House of Representatives in all respects, 
 in holding the election, receiving and reject- 
 ing votes, and making the returns of the 
 election for the convention. The conven- 
 tion shall assemble at the city of Santa F^, 
 on the 2d day of September, 1861, and con- 
 tinue its sessions at that place until its de- 
 liberations shall be closed. The constitution 
 agreed on by the convention shall be sub- 
 mitted to the people of the Territory for 
 their approval or rejection as a whole ; at 
 such election on the constitution, all those 
 and others shall be entitled to vote who 
 are now entitled to vote for members of 
 the House of Representatives of said Ter- 
 ritory; and such election shall be held 
 by the same officers who conduct, by the 
 present laws, the election for members of 
 the House of Representatives of the Terri- 
 tory, at the same places for voting, and in 
 the same manner in all respects ; and such 
 election shall be held on the 4th day of No- 
 vember, 1861, and the returns thereof made 
 to the Governor of the Territory, who shall 
 forthwith sum up and declare the result, and 
 shall send a certificate thereof, together with 
 a copy of the constitution, to the President 
 of the United States. The said State shall 
 be entitled to one member of the House of 
 Representatives of the United States of 
 America, held until the apportionment 
 under the next census. 
 
 Mr. Hickman moved to lay the bill on the 
 table ; which was agreed to, yeas 115, nays 
 71, as follows : 
 
 Yeas— Messrs. Aldrich, Alley, Ashley, Avery, Babbitt, 
 Beale, Bingh^am, Blair, Blake, Bocock, Boteler, Bouligny, 
 Brabson, Branch, Brayton, Buffinton, Burlingame, Bur- 
 nett, Burnham, Carey, Carter, Case, Coburn, Colfax, Conway, 
 Covode, Burton Cfraige, John G. Davis, Dawes, DeJai-nettc, 
 Duell, Edgerton, Edmundson, Edwards, Eliot, Ely, Farns- 
 worth, Fenton, Ferry, Florence, Foster, Frank, Garnett, 
 Gooch, Graham, Grow, Hale, Haskin, Hatton, Hickman, 
 Hindman, Hoard, William A. Howard, Humphrey, Hutch- 
 ins, Irvine, Jenkins, Francis W. Kellogg, De Witt C. 
 Leach, Jas. M. Leach, Leake, Lee, Longnecker, Loomis, 
 Lovejoy, Maclay, Marston, Elbert S. Martin, Maynard, 
 McKean, Morrill, Morse, Nelson, JViblack, Olin, Palmer, 
 Perry, Phelps, Potter, Pottle, Pryor, Quarles, Edwin R. 
 Reynolds, John H. Reynolds, Christopher Robinson, James 
 C. Robinson, Royce, Sedgwick, William N. H. Smith, 
 Somes, Spinner, Stevens, William Stewart, Tappan, Thomas, 
 Tompkins, Train, Trimble, Vallandigham, Vance, Vandever, 
 Van Wyck, Wade, Waldron, Walton, Cadwalader C. Wash- 
 burn, Ellihu B. Washburne, Wells, WhiteUy, \<i\aun, 'Win- 
 dom, Winslow, Woodruff, Woodson, Wright — 115. 
 
 Nats — Messrs. Chas. F. Adams, Green Adams, Adrain, 
 William C. Anderson, Barr, Briggs, Bristow, Brown, Burch, 
 Butterfield, Campbell, Horace F. Clark, John B. Clark, 
 Clemens, Clark B. Cochrane, John Cochrane, Conkling, 
 Corwin, Cox, James Craig, 11. Winter Davis, Delano, Dim- 
 mick, Dunn, English, Etheridge, Fouke, Gilmer, J. Morrison 
 Harris, John T. Harris, Holman, William Howard, Htighes, 
 J unkin, William Kellogg, Kenyon, Kilgore, Killinger, icim- 
 kel, Larrabee, Logan, Mallory, 0>as. D. Martin, McClemand, 
 McKenty, McKnight, McPherson, Millson, Laban T. Moore, 
 Moorhead, Edward Joy Morris, Isaac If. Morris, Nixon, 
 Noell, Pendleton, Pettit, Peyton. Porter, Rico, Riggs, Sickles, 
 Simms, Spaulding, Stanton, Stevenson, James A. SlMiart, 
 Stokes, Stratton, Thayer, Webster, Wood— 71. 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 61 
 
 FOURTH PROPOSITION. | 
 
 AMENDMENT OF FUGITIVE SLAVE LAW, MARCH 1. 
 
 Be it enacted by the Senate and House of 
 Representatives of the United States of Ame- 
 rica in Congress assembled, That every per- 1 
 son arrested under the Uxws of Congress for I 
 the delivery up of fugitives from labor shall 
 be produced before a court, judge, or com- 
 missioner, mentioned in the -law approved 
 the 18th of September, 1850, for the State 
 or Territory wherein the arrest may be made ; 
 and upon such production of the person, to- 
 gether with the proofs mentioned in the 
 sixth or the tenth section of the said act, 
 such court, judge, or commissioner, shall pro- 
 ceed to hear and consider the same publicly ; 
 and if such court, judge, or commissioner, is 
 of opinion that the person arrested owes 
 labor or service to the claimant according to 
 the laws of any other State, Territory, or 
 District of Columbia, and escaped therefrom, 
 the court, judge, or commissioner shall 
 make out and deliver to the claimant, or his 
 agent, a certificate stating those facts ; and 
 if the said fugitive shall, upon the decision of 
 the court, judge, or commissioner being made 
 known to him, aver that he is free, and does 
 not owe service or labor according to the law 
 of the State or Territory to which he is to be re- 
 turned, such averment shall be entered upon 
 the certificate, and the fugitive shall be deliv- 
 ered by the court, judge, or commissioner to 
 the marshal, to be by him taken and delivered 
 to the marshal of the United States for the 
 State or district from which the fugitive is 
 ascertained to have fled, who shall produce 
 said fugitive before one of the judges of the 
 Circuit Court of the United States for the 
 last mentioned State or district, whose duty 
 it shall be, if said alleged fugitive shall per- 
 sist in his averment, forthwith, or at the 
 next term of the Circuit Court, to cause a 
 jury to be impanelled and sworn to try the 
 issue whether such fugitive owes labor or 
 service to the person by or on behalf of 
 whom he is claimed, and a true verdict to 
 give according to the .evidence, on which 
 trial the "fugitive shall be entitled to the aid 
 of counsel and to process for procuring evi- 
 dence at the cost of the United States ; and 
 upon such finding the judge shall render 
 judgment, tind cause said "fugitive to be de- 
 livered to the claimant, or returned to the 
 place where he was arrested, at the expense 
 of the United States, according to the finding 
 of the jury; and if the judge or court be not 
 satisfied with the verdict, he may cause 
 another jury to be impanelled forthwith, 
 whose verdict shall be final. And it shall 
 be the duty of said marshal so delivering 
 said alleged fugitive, to take from the mar- 
 shal of the State from which said fugitive is 
 alleged to have escaped, a certificate acknowl- 
 edging that said alleged fugitive had been 
 delivered to him, giving a minute descrip- 
 tion of said alleged fugitive, which certificate 
 shall be authenticated by the United States 
 district judge, or a commissioner of a United 
 
 States Court for said State from which said 
 fugitive was alleged to have escaped, which 
 certificate shall be filed in the office of the 
 United States District Court for the State 
 or district in which said alleged fugitive was 
 seized, within sixty days from the date of 
 the arrest of said fugitive ; and should said 
 marshal fail to comply with the provisions 
 of this act, he shall be deemed guilty of a 
 misdemeanor, and shall be punished by a 
 fine of $1,000 and imprisoned for six months, 
 and until his said fine is paid. 
 
 Sec. 2. And be it farther enacted, That no 
 citizen of any State shall be compelled to aid 
 the marshal or owner of any fugitive in the 
 capture or detention of such fugitive, unless 
 when force is employed or reasonably appre- 
 hended to prevent such capture or deten- 
 tion, too powerful to be resisted by the mar- 
 shal or owner ; and the fees of the commis- 
 sioners appointed under the act of 18th of 
 September, 1850, shall be ten dollars for 
 every case heard and determined by such 
 commissioner. 
 
 Which was passed, yeas 92, nays SS, as 
 follows : 
 
 Yeas — Messrs. Green Adams, Adrain, Aldrich, William 
 C. Anderson, Babbitt, Barr, Blair, Braj-ton, Briggs, Bristow, 
 Burch, Buriingame, Biirnbam, Butterfield, Campbell, Car- 
 ter, Case, Clemens, Coburn, John Cochrane, Colfax, Conk- 
 liug, Corwin, Covode, H. Winter Davis, John G. Davis, 
 Delano, Dimmick, Dunn, Edwards, Ely, Ferry, Fouke, 
 French, Gurley, Hale, Hall, J. Morrison Harris, Hattou, 
 Helniick, Hoard, William Howard, AVilliam A. Howard, 
 Humphrey, Junkin, Francis W. Kellogg, William Kellogg, 
 Kenyon, Kilgore, Killlnger, Lee, Longnecker, Loomis, 
 Marston, Chas. D. Martin, McClemand, McKean, McKeniy, 
 McKnight, McPherson, Millward, Moorhead, Morrill, Edw. 
 Joy Morris, Isaac N. Morris, Nixon, Olin, Palmer, Perry, 
 Pettit, Porter, Pottle, John H. Reynolds, Rice, Jiigf/s, 
 Christopher Robinsou, James C. Rohinson, Scranton, Sickles, 
 SpauUling, Spinner, Stanton, Stratton, Thayer, Theaker, 
 Tompkins, Train, Trimble, Walton, Windom, Wood, Wood- 
 ruff— 92. 
 
 Nays — Messrs. Ashley, Avery, Barrett, Beale, Bingham, 
 Blake, Bocock, Boteler, Bouligny, Brabson, Branch, Brmvn, 
 'Sninnton, Burnett, Carey, Horace F. Clark, John B. Clark, 
 Conway, Burton Craige,, Dawes, Duell, Edgerton, Ednumd- 
 son, Eliot, Farnsworth, Fenton, Florence, Foster, Frank, 
 Garnett, Gilmer, Gooch, Grow^, John T. Harris, Ilickman, 
 Hindman, Hughes, Hutchius, Irvine, Jenkins, Kunkel, Du 
 Witt C. Leach, James M. he&ch, Leake, Lovejoy, Maclay, 
 Mallory, Elbert S. Martin, Mayuard, Millson, Laban T. 
 Moore, Nelson, Niblack, Noell, Pendleton, Peyton, Phelps, 
 Potter, Quarles, Reagan, Royce, Rnffin, Sedgwick, Simms, 
 So)nes, Stevens, Stevenson, Stokes, Tappan, Thomas, Vallan- 
 digham, Vance, Van Wyck, Wade, Waldron, Cadwalader C. 
 Washburn, EUihu B. Washbume, Wells, Wldteley, Wilson, 
 Winslow, Woodson, Wright— S3. 
 
 FIFTH PROPOSITION. 
 
 AMENDMENT OF THE ACT FOR THE RENDITION 
 
 OF FUGITIVES FROM JUSTICE, MARCH 1. 
 
 Be it enacted by the Senate and House of 
 Representatives of the United States of 
 America in Congress assembled, That every 
 person charged, by indictment or other satis- 
 factory evidence, in any State, with treason 
 felony, or other crime, committed within the 
 jurisdiction of such State, who shall floe oi 
 shall have fled from justice and be found it 
 another State, shall, on demand of the 
 executive authority of the State from which 
 he fled upon the district judge of the United 
 States of the district in which he may be 
 found, be arrested and brought before such 
 judge, who, on being satisfied that he is the 
 person charged, and that he was within the 
 
62 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 jurisdiction of such State at the time such 
 crime was committed, of which such charge 
 shall be prima facie evidence, shall deliver 
 bim up to be removed to the State having 
 jurisdiction of the crime ; and if any ques- 
 tion of law shall arise during such exami- 
 nation, it may be taken on exceptions by 
 writ of error to the Circuit Court. 
 
 Which was rejected, yeas 48, nays 125, as 
 follows : 
 
 Yeas — Messrs. Green Adams, Adrain, William C. Ander- 
 Bon, Barr, Barrett, Bouligiiy, Brabson, Briggs, Bristow, 
 Burch, John B. Clark, Clemens, John Cochrane, Corwin, Cox, 
 H. Winter Davis, John 6. Davis, Etheridge, Fouke, Gilmer, 
 Hamilton, J. Morrison Harris, John T. Harris, Hatton, 
 Holman, William Howard, Hughes, Larrabee, James M. 
 Leach, Logan, Mallory, Charles D. Martin, Maynard, Mc- 
 Ckrnand, McKenty, Millson, Laban T. Moore, Moorhead, 
 Nelson, Nixon, Phelps. Riggs, James C. Robinson, Scranton, 
 Sickles, Stokes, Webster, Wood— 48. 
 
 Nats — Messrs. Charles F. Adams, Alley, Ashley, Avery, 
 Babbitt, Beale, Bingham, Blair, Blake, Bocock, Boteler, 
 Branch, Brayton, Brown, Buffinton, Burlingame, Burnett, 
 Burnham, Butterfield, Campbell, Carey, Carter, Case, Hor- 
 ace F. Clark, Coburn, Colfa.x, Conkling, Conway, Covode, 
 Burton Craige, Dawes, De Jarnette, Delano, Duell, Dunn, 
 Edgerton, Edwards, Eliot, Ely, Farnsworth, Fenton, Ferry, 
 Flcn-ence, Foster, Frank, French, Garnett, Gooch, Graham, 
 Grow, Hale, Hall, Helmick, Hickman, Hindman, Hoard, 
 William A. Howard, Humphrey, Hutchins, Irvine, Jenkins, 
 
 F. W. Kellogg, Kenyon, Kilgore, Kunkel, Leake, Long- 
 necker, Loomis, Lovejoy, Marston, Elbert S. Martin, Mc- 
 Kean, McKnight, McPherson, Morrill, Edward Joy Morris, 
 Isaac TV. Morris, Morse, Palmer, Pendleton, Peyton, Porter, 
 Potter, Pottle, Pryor, Quarles, Edwin R. Reynolds, John 
 H. Reynolds, Christopher Robinson, Royce, Buffin, Sedg- 
 wick, Sherman, Simms, William H. N. Smith, Somes, Spin- 
 ner, Stanton, Stevens, Stevenson, James A. Stewart,'Vi"\\\vAia 
 Stewart, Stratton, Tappan, Theaker, Thom/is, Tompkins, 
 Train, Trimble, Vallandigham, Vance, Vandever, Van Wyck, 
 Wade, Waldron, Walton, Cadwalader C. Washburn, Ellihu 
 B. Washburne, Wells, Whiteley, Wilson, Wiudom, Winslow, 
 Woodruff, TroodsoM— 125. 
 
 Neither of these propositions was consid- 
 ered in the Senate, except the proposed Con- 
 stitutional amendment, which was passed. 
 For vote, see page 60. 
 
 Pending this report in the House of Eep- 
 resentatives, 
 
 A CONVENTION. 
 
 February 27th. Mr. Burch moved to add 
 to the declaratory resolutions, one recom- 
 mending to the several States that they, 
 through their legislatures, request Congress 
 to call a Convention of all the States, to 
 amend it " in such manner with regard to 
 such subjects as will more adequately 
 respond to the wants, and afford more suffi- 
 cient guarantees to the diversified and grow- 
 ing interests of the Government and of the 
 people composing the same ; which was 
 rejected, yeas 74, nays 109, as follows : 
 
 Yeas— Messrs. Green Adams, Garnett B. Adrain, W. C. 
 Anderson, Babbitt, Barr, Bcteler, Brabson, Briggs, Bris- 
 tow, Burch, Burnham, Campbell, Coburn, Clark B. Coch- 
 rane, John Cochrane, Colfax, Cox, Curtis, Duell, Etheridge, 
 Ferry, Fouke, Gilmer, Hall, J. Morrison Harris, John T. 
 Harris, Hatton, Helmick, Hoard, Holman, Wm. Howard, 
 Hughes, Humphrey, Junkin, W"m. Kellogg, Kenyon, Kil- 
 linger, Larrabee, J. M. Leach, Logan, Loomis, Mallory, 
 Chas. D. Martin, Maynard, McClemand, McKenty, McPher- 
 son, Millson, Mmtgotnery, Moore, Edward Joy Morris, Isaac 
 N. Morris, NLxon, JVoell, Palmer, Porter, Quarles, John H. 
 Reynolds, Biggs, J. G. Robinson, Scranton, Sedgwick, Stan- 
 ton, Barnes A. Slewart,Vim. Stewart, Stokes, Stout, Strat- 
 ton, Thayer, Waldron, Webster, Wells, Wood, Woodruff— 74. 
 
 Nays— Messrs. Chas. F. Adams, Aldricb, Alley, T. L.Ander- 
 son, AaUey, Avery, Barrett, Bealef Bingham, Blair, Blake, 
 Bocock, Branch, Brayton, Brown, Buffinton, Burlingame, 
 Burnett, Butterfield, Carey, Carter, Case, John B. Clark, Cor- 
 win, Covode, Jas. Craig, Burton Craige, H. Winter Davis, J. 
 
 G. Davis, Duwes, DeJaruMt, Delauo, Dimmick,\)Mnu, Edgor- 
 
 ton, Edmundson, Edwards, Eliot, Ely, English, Farnsworth, 
 Fenton, Fhrevce, FraTik, French, Garnett, Gooch. Graham, 
 Ilaskin, Hickman, Hindman, W. A. Howard, Hutchins, 
 Irvine, Jenkins, F. W. Kellogg, Kilgore, Kunkel, D. C. 
 Leach, Leake, Lee, Longnecker, Lovejoy, Marston, Elbert S. 
 Martin, McKean, McKnight, Moorhead, Morrill, Morse, 
 Nelson, Niblack, Olin, Perry, Pettit, Peyton, Phelps, Potter, 
 Pottle, Piyor, E. R. Reynolds, Rice, 0. Robinson, Ruffin, 
 Sickles, Simms, W. H. N. Smith, Somes, Spaulding, Spinner, 
 Stevens, Stevenson, Tappan, Thomas, Tompkins, Train, 
 Trimble, Vallandigham, Vance, Wade, Walton, C. C. Wash- 
 burn, E. B. Washburne, Whiteley, Wilson, Windom, Wnis- 
 lotv, Woodson, Wright— 109. 
 
 Same day. Mr. Kilgore moved to lay 
 the whole subject on the table ; which was 
 rejected — yeas 14, nays 179. The yeas wen : 
 
 Messrs. Alley, Beale, Buffinton, Carey, Eliot, Fare • 
 worth, Grow, Kilgore, Potter, Sedgwick, Somes, Waldroi.i 
 Cadwalader C. Washburn, Windom — 14. 
 
 Same day. The House came to a vote 
 on the following substitute for it, offered by 
 Mr.WM. Kellogg, of Illinois : 
 
 Strike out all after the word " that," and 
 insert : 
 
 The following articles be, and are hereby, 
 proposed and submitted as amendments to 
 the Constitution of the United States, which 
 shall be valid, to all intents and purposes, as 
 part of said Constitution, when ratified by 
 conventions of three-fourths of the several 
 States. 
 
 Art. 13. That in all the territo'ry now 
 held by the United States situate north of 
 latitude 36° 30', involuntary servitude, except 
 in the punishment for crime, is prohibited 
 while such territory shall remain under a ter- 
 ritorial government ; that in all the territory 
 now held south of said line, neither Con- 
 gress nor any Territorial Legislature shall 
 hinder or prevent the emigration to said ter- 
 ritory of persons held to service from any 
 State of this Union, when ihat relation 
 exists by virtue of any law or usage of such 
 State, while it shall remain in a territorial 
 condition ; and when any territory north or 
 south of said line, within such boundaries as 
 Congress may prescribe, shall contain the 
 population requisite for a member of Con- 
 gress, according to the then Federal ratio 
 of representation of the people of the United 
 States, it may, if its form of government be 
 republican, be admitted into the Union on 
 an equal footing with the original States, 
 with or without the relation of persons held 
 to service or labor, as the constitution of 
 such new State may provide. 
 
 Art. 14. That nothing in the Constitu- 
 tion of the United States, or any amendment 
 thereto, shall be so construed as to authorize 
 any department of the Government to, in 
 any manner, interfere with the relation of 
 persons held to service in any State where 
 that relation exists, nor in any manner to 
 establish or sustain that relation in any 
 State where it is prohibited by the laws or 
 constitution of such State. And tliat this 
 article shall not be altered or amended with- 
 out the consent of every State in the Union. 
 
 Art. 15. The third paragraph of the 
 second section of the fourth article of the 
 Constitution shall be taken and construed 
 
PROCEEDINGS OF THE G0 7ERNMK?;T. 
 
 63 
 
 to authorize and empower Congress to pass 
 laws necessary to secure the return of per- 
 sons held to service or labor under the laws 
 of any State, who may have escaped there- 
 from, to the party to whom such service or 
 labor may be due. 
 
 Art. 16. The migration or importation 
 of persons held to service or involuntary 
 servitude, into any State, Territory, or place 
 within the United States, from any place or 
 country beyond the limits of the United 
 States or Territories thereof, is forever pro- 
 hibited. 
 
 Art. 17. No territory beyond the present 
 limits of the United States and the Territo- 
 ries thereof shall be annexed to, or acquired 
 by the United States, unless by treaty, which 
 treaty shall be ratified by a vote of two- 
 thirds of the Senate. 
 
 This was disagreed to — yeas 33, nays 158. 
 
 The Yeas were — Messrs. Adrain, Barr, Briggs, Burch, 
 Horace P. Clark, John Cochrane, Cox, John G. Davis, E)\g- 
 lish, Ethoridge, Fouke, Gilmer, J. Morrison Harris, Hblman, 
 WiUiam Howard, Junkin, William Kellogg, Larrabee, 
 Logan, Charles D. Martin, McClernand, McKenty, Mont- 
 gomery, Isaac iV. Morris, Nelson, Nihlack, Riggs, James C. 
 Robinson, Sickles, Stokes, Stout, Vallandigham, Webster 
 
 MR. CLEMENS'S RESOLUTION. 
 
 Mr. Sherrard Clemens of Virginia, then 
 offered a substitute for it, being Mr. Critten- 
 den's proposition as amended on motion of 
 Mr. Powell, with these additions : 
 
 Art. 7. Section 1. The elective franchise 
 and the right to hold office, whether Fed- 
 eral, State, Territorial, or Municipal, shall 
 not be exercised by persons who are, in 
 whole or in part, of the African race. 
 
 Section 2. The United States shall have 
 power to acquire, from time to time, districts 
 of country in Africa and South America, 
 for the colonization, at the expense of the 
 Federal Treasury, of such free negroes and 
 malattoes as the several States may wish to 
 have removed from their limits, and from 
 the District of Columbia, and such other 
 places as may be under the jurisdiction of 
 Congress. And the substitution of the words : 
 " the Southern boundary of Kansas and the 
 Northern boundary of New Mexico," for the 
 words : " latitude 36" 30','' in the first sen- 
 tence of Article 1. 
 
 Which was negatived, yeas 80, nays 113, 
 as follows : 
 
 Yeas — Messrs. Adrain, William C. Anderson, Avery, 
 Barr, Barrett, Bocock, Boteler, Bouligny, Brabson, Branch, 
 Briggs, Bristow, Brown, Burch, Burnett, Horace F. Clark, 
 John B. Clark, John Cochrane, Cox, James Craig, Burton 
 Craige, John G. Davis, De Jarnette, Dimmick, Edmimdson, 
 English, Florence, Fouke, Garnett, Gilmer, Haniillmi, J. 
 Morrison Harris, John T. Harris, Hatton, Holman,Wm. 
 Howard, Hughes, Jenkins, Kunkel, Larrabee, James M. 
 Leach, Leake, Logan, Maclay, Mallory, Charles D. Martin, 
 Elbert S. Martin, Maynard, McClernand, McKenty, Millsan, 
 Montgomery, Laban T. Moore, Isaac N. Morris, Nelson, 
 Niblack, Noell, Peyton, Phelps, Pryor, Quarles, Riggs, Jas. 
 C. Robinson, Rust, Sickles, Simms, William Smith, William 
 N. H. Smith, Stevenson, James A. Stewart, Stokes, Stout, 
 Thomas, Vallandigham,\since,'Wehater, Whiteley, Winslow, 
 Woodson, a.nd Wright— SO. 
 
 Nats— Messrs. Charles F. Adams, Aldrich, Alley,Ashley, 
 Babbitt, Beale, Bingham, Blair, Blake, Brayton, BufBnton, 
 Burlingame, Burnhara, Butterfield, Campbell, Carey, Car- 
 tor, Case, Coburn, Clark B. Cochrane, Colfax, Conkling, 
 
 Conway, Corwin, Covode, H. Winter Davis, Dawes, Delano, 
 Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Etheridge. 
 Farnsworth, Fenton, Ferry, Foster, Frank, French, Gooch, 
 Graham, Grow, Hale, Hall, Helmick, Hickman, Hindman, 
 Hoard, A\'illiam A. Howard, Humphrey, Hntchins, Irvine, 
 Junkin, Francis W. Kellogg, William Kellogg, Kenyon, 
 Kilgoro, Killinger, De Witt C. Leach, Lee, Lnnguecker, 
 Loomis, Lovejoy, Marston, McKean, McKnight, McPherson, 
 Moorhead, Morrill, Morse, Nixon, Olin, Palmer, Perry, 
 Pettit, Porter, Potter, Pottle, Edwin R. ReynoWs, Rice, 
 Christopher Robinson, Royce, Scranton, Sedgwick, Sher- 
 man, Somes, Spaulding, Spinner, Stanton, Stevens, William 
 Stewart, Stratton, Tappan, Thayer, Theaker, Tompkins, 
 Train, Trimble, Vandever, Van Wyck, Verree, Wade, Wal- 
 dron, Walton, Cadwalader C. Washburn, Ellihu B. Wash- 
 burne, Wells, Wilson, Windom, Wood, and Woodruff— 113. 
 
 Votes in the Senate. 
 
 During the pendency, in the Senate, of 
 the Constitutional amendment reported from 
 the House Committee of Thirty-three, and 
 adopted by the House, Mr. PufiH, of Ohio, 
 offered a substitute, which was the same as 
 Mr. Crittenden's* (as amended by Mr. Pow- 
 ell) with the omission of the preamble and 
 four resolutions, and the addition of the fol- 
 lowing at the close of Article 4 : 
 
 But the African slave trade shall be for- 
 ever suppressed, and it shall be the duty of 
 Congress to make such laws as shall be ne- 
 cessary and effectual, to prevent the migra- 
 tion and importation of slaves, or persons 
 owing service or labor into the United States 
 from any foreign country, place, or jurisdic- 
 tion whatever. 
 
 Section 2. That persons committing crimes 
 against the rights of those who hold persons 
 to service or labor in one State, and fleeing 
 to another, shall be delivei-ed up in the same 
 manner as persons committing other crimes ; 
 and that the laws of the States from which 
 such persons flee shall be the test of crimi- 
 nality. 
 
 Section 3. Congress shall pass efficient 
 laws for the punishment of all persons in 
 any of the States, who shall in any manner 
 aid and abet invasion or insurrection in any 
 other State, or commit any other act tend- 
 ing to disturb the tranquillity of its people, 
 or government of any other State. 
 
 And the insertion of a new article : 
 
 Art. 7. Section 1. The elective franchise 
 and the right to hold office, whether Fed- 
 eral, State, Territorial, or Municipal, shall 
 not be exercised by persons who are, in 
 whole or in part, of the African race. 
 
 MR. DOOLITTLE's ON THE RIGHT OF SECESSION. 
 
 Mr. Doolittle, of Wisconsin, offered as a 
 substitute for the above the following: 
 
 "Under this Constitution, as originally 
 adopted, and as it now exists, no State has 
 power to withdraw from the jurisdiction of 
 the United States ; but this" Constitution, 
 and all laws passed in pursuance of its dele- 
 gated powers, are the supreme law of the 
 land, any thing contained in any constitu- 
 tion, ordinance, or act of any State, to the 
 contrary notwithstanding." 
 
 March 2, 1861. This was rejected — yeas 
 18, nays 28, as follows : 
 
 * Sec page 64. 
 
64 
 
 PROCEEDINGS OF THE GOVERNMENT, 
 
 Teas — Messrs. Bingham, Chandler, Clark, CoUamer, 
 Doolittle, Durkee, Fesaenden, Foot, Grinvss, Hale, Harlan, 
 King, Morrill, Simmons, Trumbull, Wade, Wilkinson, and 
 Wilson— 18. 
 
 Nats— Messrs. Anthony, Baker, Bayard, Bigler, Bragg, 
 Bright, Cameron, Clingman, Crittenden, Dixon, Dmiglas, 
 Foster, Gtvin, Hemphill, Hunter, Johnson of Tennessee, 
 Kennedy, Lane, Latham, Mason, Nicholsmi, Fearce, Powell, 
 Pugh, Rice, Sebastian, Ten Eyck, and Wigfall^28. 
 
 TOTE ON MR. PUGH'S. 
 
 The substitute of Mr. Pugh was then re- 
 jected — yeas 14, nays 25, as follows : 
 
 Yeas — Messrs. Bayard, Bright, Owin, Hunter, Jolinsnn 
 of Arkansas, Kennedy, Lane, Mason, Nicholson, Polk, 
 Powell, Pugh, Thomson, and Wigfall — 14. 
 
 Nats— Messrs. Anthony, Baker, BigUr, Bingham, Chand- 
 ler, Clark, Crittenden, Dixon, Doolittle, Douglas, Fessenden, 
 Foot, Foster, Grimes, Harlan, Johnson of Tennessee, King, 
 Latham, Morrill, Mice, Sebastian, Sumner, Ten Eyck, Wil- 
 kinson, and Wilson — 2b. 
 
 MR. Bingham's proposition. 
 
 Mr. Bingham, of Michigan, offered the fol- 
 lowing substitute, which was rejected — yeas 
 13, nays 24, as follows : 
 
 " That the provisions of the Constitution 
 are ample for the preservation of the Union, 
 and the protection of all the material inter- 
 ests of the country : that it needs to be 
 obeyed rather than amended ; and that an 
 extrication from our present dangers is to 
 be looked for in strenuous efforts to preserve 
 the peace, protect the pubhc property, and 
 enforce the laws, rather than in new guaran- 
 tees for particular interests, compromises for 
 particular difiBculties, or concessions to un- 
 reasonable demands. 
 
 •' Resolved, That all attempts to dissolve 
 the present Union, or overthrow or abandon 
 the present Constitution, with the hope or 
 expectation of constructing a new one, are 
 dangerous, illusory, and destructive ; that in 
 the opinion of the Senate of the United States 
 no such reconstruction is practicable; and 
 therefore, to the maintenance of the existing 
 Union and Constitution should be directed 
 all the energies of all the departments of the 
 Government, and the efforts of all good 
 citizens. 
 
 Yeas — Messrs. Bingham, Chandler, Clark, Doolittle, Dur- 
 kee, Fessenden, Foot, King, Sumner, Trumbull, Wade, Wil- 
 kinson, and 'Wilson — 13. 
 
 Nats. — Messrs. Anthony, Baker, Bigler, Bright, Crit- 
 tenden, Dixon, Douglas, Foster, Gwin, Harlan, Hunter, 
 Tnhnsonoi Arkansas, Jo/mson of Tennessee, Kennedy, Lane, 
 TMtham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, 
 Ten Eyck, and Thomsom— 24:. 
 
 A CONVENTION. 
 
 Mr. Grimes, of Iowa, offered the following 
 substitute : 
 
 " The Legislatures of the States of Ken- 
 tuclfy. New Jersey and Illinois, have applied 
 to Congress to call a Convention for pro- 
 posing amendments to the Constitution of 
 the United States : therefore, 
 
 "Be it Resolved hy the Senate and House 
 of Re])resentatives of the United States of 
 America in Congress assembled, That the 
 Legislatures of the other States be invited 
 to take the subject of such a Convention 
 into consideration, and to express their will 
 on that subject to Congress, in pursuance 
 of the fifth article of the Constitution." 
 
 Which was rejected — yeas 14, nays 25, as 
 follows : 
 
 Yeas— Messrs. Bingham, Chandler, Clark, Doolittle, Fes- 
 senden, Foot, Grimes, King, Morrill, P«//ft, Sumner, Trum- 
 bull, Wilkinson, and Wilson — 14. 
 
 Nat? — Messrs. Anthony, Baker, Bigler, Bright, Critten- 
 den, Di.iLon, Dfiuglas, i>urkee, Fostor, Gwin. Harlan, 
 Hunter, Johnson of Arkansas, Johnson oif Tcnues&pc, 
 Kfinnedy, Lane, Latham, Mason, Nicholson, Polk, Rice, 
 Sebastian, Ten Eyck, Thomson, and Wade — 25. 
 THE PEACE CONFERENCE. 
 
 The Peace Conference propositions offered 
 by Mr. Johnson, of Arkansas, were then con- 
 sidered as a substitute, and rejected — yeas 
 3, nays 34. 
 
 The joint resolution of the House of Re])- 
 resentatives was then passed. 
 
 Note. — During the above votes, several 
 Senators said in explanation of their nega- 
 tive votes upon propositions, that they had 
 determined to vote against all substitutes for 
 the House proposition, and for it, believing 
 it to be the only measure practicable at so 
 late a period in the session. Mr. Douglas, 
 of Illinois, and Mr. Ten Eyck, and others, 
 made this statement. 
 
 Vote on the Crittenden Resolutions, 
 January 16, 1861. 
 
 a joint RESOLnXION (S. NO. .'JO) PROPOSINH CERTAIN AMEND- 
 MENTS TO THE CONSTITPTION OF THE UNITED STATE."!. 
 
 Whereas, serious and alarming dissensions have arisen 
 between the Northern and Southern States, concerning the 
 rights and security of the rights of the slaveliolding States, 
 and especially their rights in the common territory of the 
 United States ; and whereas it is eminently desirable and M 
 proper that these dissensions, which now threaten the very ' 
 
 existence of this Union, should be permanently quieted 
 and settled hy constitutional provisions, which shall do . 
 equal justice to all sections, and thereby restore to the 
 people that peace and good-will which ought to prevail 
 ijetween all the citizens of the United States : Therefore, 
 
 Resolved by the Senate and House of Representatives of 
 the United States of America in Congress assembled (two- 
 thirds of both Houses concurring), Tliat the following arti- 
 cles be, and are hereby, proposed and submitted as amend- 
 ments to the Constitution of the United Slates, which shall 
 be valid to all intents and purposes, as part of said Con- 
 stitntion, when ratified by conventions of three-fourths 
 of the several States: 
 
 Article I. In all the territory of the United States now 
 held, or hereafter acquired, situate north of latitudeSB" 30', 
 slavery or involuntary servitude, except as a punishment 
 for crime, is prohibited while such territory shall remain 
 under territorial government. In all the territory south 
 of said line of latitude, slavery of the African race is 
 hereby reoognijed as existing, and shall not be interfered 
 with by Congress, but shall be protected as property by 
 all the departments of the territorial government during 
 its continuance. And when any Territory, north or south 
 of said line, within such boundaries as Congress may pre- 
 scribe, shall contain the population requisite for a member 
 of Congress according to the then Federal ratio of repre- 
 sentation of the people of the United States, it shall, if its 
 form of government be republican, be admitted iuto the 
 Union, on an equal footing with the original States, with 
 or wiMiout slavery, as the constitution of such new State 
 may provide. 
 
 Art. 2. Congress shall have no power to abolish slavery 
 in places under its exclusive jurisdiction, and situate 
 within the limits of States that permit the holding of 
 slaves. 
 
 Art. 3. Congress shall have no power to abolish slavery ' 
 
 witiiin the District of Columbia, so long as it exists in the 
 adjoining States of Virginia and Maryland, or either, nor 
 without the consent of the Inhabitants, nor without just 
 compensation first made to such owners of slaves as do not 
 consent to such abolishment. Nor shall Congress at any 
 time prnliibit officers of the Federal Government, or mem- 
 bers of Congress, whose duties require them to be in said 
 District, from bringing with them their slaves, and holding 
 them as such during the time their duties may require 
 them to remain there, and afterwards taking them from 
 the District. 
 
 Art. 4. Congress shall have no power to prohibit or 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 65 
 
 hinder tlie transportation of slaves from one Stato to an- 
 #tlier, or to a Territory in which slaves are hy law per- 
 ml'ted to be held, whether that transportation be by land, 
 navigable rivers, or by the sea. 
 
 Art. n That in addition to the provisions of the third 
 paragraph of the second section of the fourth article of the 
 Constitution of the United States, Cousjress shall have 
 power to provide by law, and it shall be its duty so to pro- 
 vide, that the United States shall pay to the owner who 
 shall apply for it, the full value of his fiicritive slUve in all 
 case.s when the marshal or other officer whose duty it was 
 to arrest said fut?itive was prevented from so doing by vio- 
 lence or intimidation, or when, after arrest, said futritive 
 was rescued by force, and the owner thereby prevented and 
 obstructed in the pursuit of his remedy for the recovery of 
 liis fugitive slave under the said clause of the Constitntion 
 tiJid the laws made in pursuance thereof. And in all such 
 cases, when the United States shall pay for such fui;itive, 
 they shall have the right, in their own name, to sue the 
 0:iu"ii'y in which said violence, intimidation, or rescue was 
 committed, and to recover from it, with interest and dam- 
 ai:e^. the amount paid by them for said fugitive slave. And 
 the said county, after it has paid said amount to the Uuited 
 States, may, for its indemnity, sue and recover from the 
 wrong-doers or re.scuers by whom the owner was prevented 
 from the recovery of his fugitive slave, in like manner as 
 the owner himself might have sued and recovered. 
 
 Art. 6. No future amendment of the Constitution shall 
 atfect the five preceding articles ; nor the third paragraph 
 of the second section of the first article of the Constitution ; 
 nor the third paragraph of the second section of the fourth 
 article of said Constitution ; and no amendment shall be 
 made to the Constitution which shall authorize or give to 
 Congress any pcwer to abolish or interfere with .slavery in 
 any of the States by whose laws it is, or may be, allowed 
 or permitted. 
 
 And whereas, also, besides these causes of dissension em- 
 braced in the foregoing amendments proposed to the Con- 
 stitution of the United States, there are others which come 
 within the jurisdiction of Congress, and may be remedied 
 by its legLs'lative power; and whereas it is the desire of 
 Congress, as far as its power will extend, to remove all 
 just cause for the popular discontent and agitation which 
 now disturb the peace of the country, and threaten the 
 staiiility of its institutions: Therefore, 
 
 1. R'srilved by the Senate and House nf Representatives 
 nf thf. United States of America in Congress assembled. 
 That the laws now in force for the recovery of fugitive 
 slaves are in strict pursuance of the plain and mandatory 
 provisions of the Constitution, and have been sanctioned 
 as valid and constitutional by the judgment of the Sujireme 
 Court of the United States ; that the slaveholding States are 
 entitled to the faithful observance and execution of those 
 laws, and that they ought not to be repealed, or so modi- 
 fied or changed as to impair their efliciency ; and that 
 laws ought to be made for the punishment of those vpho 
 attempt by rescue of the slave, or other illegal means, to 
 hinder or defeat the due execution of said laws. 
 
 2. That all State laws which conflict with the fugitive 
 slave acts of Congress, or any other constitutional acts of 
 Congress, or which, in their operation, impede, hinder, or 
 delay the free course and due execution of any of said act«, 
 are null and void by the plain provisions of the Constitu- 
 tion of the United States; yet those State laws, void as 
 they are, have given color to practices, and led to conse- 
 quences which have obstructed the due administration 
 and execution of acts of Congress, and especially the acts 
 for the delivery of fugitive slaves, and have thereby con- 
 tributed much to the discord and commotion now prevail- 
 ing. Congress, therefore, in the pre.sent perilous juncture, 
 does not deem it improper, respectfully and earnestly to 
 recommend the repeal of those laws to the several States 
 which liave enacted them, or such legislative corrections 
 or explanations of them as may prevent their being used 
 i>r perverted to such mischievous purposes. 
 
 ;! That the act of the 1 8th of September, IS.iO, commonly 
 called the fugitive slave law, ought to be so amended as to 
 iiiiike the fee of the commissioner, mentioned in the eighth 
 sii;-t' on of the act, equal in amount, in the cases decided hy 
 Irm. whether his decision be in favor of or against the 
 ci;-.'mant. And to avoid misconstruction, the last clause 
 of the fifth section of said act, which authorizes the person 
 liDlding a warrant for the arrest or detention of a fugitive 
 «lave. to summon to his aid the posse comitatus, aud 
 which declares it to be the duty of all good citizens to 
 assist him in its execution, ought to be so amended as to 
 expressly limit the authority and duty to cases in which 
 there shall be resistance or danger of resistance or rescue. 
 
 4. That the laws for the suppression of the African slave- 
 trade, and especially those prohibiting the importation of 
 slaves in the Unitfd States, ought to be made effectual, and 
 ought to be thoroughly executed ; and all further enact- 
 ments necessary to those ends ought to be promptly made. 
 
 Mr. PowELi, moved to amend by insert- 
 
 ing in article 1, after the word "territory,"' 
 in the second sentence, the words " now lield 
 or hereafter to be awinii-ed," so that the 
 clause will read : " In all the territory now 
 held or hereafter to be acquired south of 
 said line of latitude, slavery of the African 
 race is hereby recognized, etc.," which was 
 agreed to as follows : 
 
 Ye.^s — Messrs. Baker, Bayard, Benjamin, Biglf.r, Brarig, 
 Uri'ght. riiniiman, Crittenden, Douglas, Pitch, Green, Gwin, 
 Iliinphill, Jlimtpr, Iverstm, Johnson of Tennessee, Kennedy, 
 Loh', Mason. Nicholson, Pearce, Polk, Powell, Pugh, Rice, 
 S'ul';hnr!/. S<'hayiian, Slidell, and Wigfall—2<d. 
 
 \\TS— Messrs. Anthony, Bingham, Cameron, Chandler, 
 l^lark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, 
 Foster, Grimes, Hale, Harlan, King, Latham, Seward, Sim- 
 mons, Sumner, Ten Eyck, Trumbull, Wade, and Wilson — 24. 
 
 Mt. Clark of New Hampshire offered an 
 amendment to strike out the preamble, and 
 all the resolutions after the word " resolved." 
 and insert : " That the provisions of the Con- 
 stitution are ample for the preservation of 
 the Union, and the protection of all the 
 material interests of the country; that it 
 needs to be obeyed rather than amended ; 
 and that an extrication from our present 
 danger is to be looked for in strenuous efforts 
 to preserve the peace, protect the public 
 property and enforce the laws, rather than 
 in new guarantees for particular interests, 
 compromises for particular difficulties, or 
 concessions to unreasonable demands. 
 
 "Besolved, That all attempts to dissolve 
 the present Union, or overthrow or abandon 
 the present Constitution with the hope or 
 expectation of constructing a new one, are 
 dangerous, illusory and destructive ; that in 
 the opinion of the Senate of the United 
 States no such reconstruction is practicable ; 
 and therefore, To the maintenance of the 
 existing Union and Constitution should be 
 directed all the energies of all the depart- 
 ments of the Government, and the efforts 
 of all good citizens." 
 
 Which was agreed to : 
 
 Yeas— Messrs. Anthony, Baker, Bingham, Cameron, 
 Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fes- 
 senden, Foot, Foster, Grimes, Hale, Harlan, King, Seward, 
 Simmons, Sumner, Ten Eyck, Trumbull, AVade, Wilkinson, 
 and Wilson — 26. 
 
 N.\TS — Messrs. Bayard, Bigler, Bragg, Bright, Clivgman, 
 Crittenden, Fitc^i, Great, Gtiiin, Hiinln; Johmon of Tennes- 
 see, Kmnedy, Lane, Latham, Mason, Nicholson, Pearce, 
 Polk, Pmvell, Pugh, Rice, Saidsbury, and Sebastiati — 23. 
 
 Messrs. Benjamin of Louisiana, Pouglas 
 of Illinois, Hemphill of Texas, Iverson of 
 Georgia, Johnson of Arkansas, Slidell of 
 Louisiana, and Wigfall of Texas, who 
 voted on the next preceding question, did 
 not vote on this. Mr. Douglas stated after- 
 wards in open Senate that he was accident- 
 ally absent in one of the retiring rooms, and 
 asked to record his vote, but was refused 
 permission. 
 
 January 18th, 18G1.— Mr. Cameron's 
 motion to reconsider the vote adopting Mr. 
 Clark's amendment, was agreed to : 
 
 Yeas— :SIessrs. Bayard, Bi{iler, Bragg, Bright, CKngman, 
 Crittenden, Douglas, Pitch, Green, Gwin, Hemphill, Hun- 
 ter, Johnson of Arkansas, Johnson of Tennessee, Kcnvfd'/, 
 Lanf, Latham, Mason, Nichnhrm. Pearce. Polk, Poivdl, 
 Piujh, Rice, S lulsbury, Sebastian, aad Sliddl — 2". 
 
PROCEEDINGS OF THE GOVERNJIEXT. 
 
 Nats — jrt^ssrB. Anthony, Baker, Bingham, Cameron, 
 Chandler, Clark, Collanier, Dixnn, Doolittle, Kessenden, 
 Foot, Foster, Grimes, Hale, Ilarlan, King, Seward, Sim- 
 mons, Siininer, Ten Ejck, Wade, WigfalJ, Wilkinson, and 
 W^ilson— 24. 
 
 March 2d. After the adoption of the 
 House resohition proposing an amendment 
 to the Constitution relative to slavery in 
 the States, the Senate returned to the consid- 
 eration of the Crittenden proposition, — the 
 question being on the amendment offered 
 by Mu. Clark of New Hampshire, once 
 adopted and then reconsidered, [for which 
 see above vote,]\vhich was rejected — yeas 
 15, nays 22, as follows : 
 
 Yeas — Messrs. Bingham, Chandler, Clark, Doolittle, 
 Purkei-, Fessenden. Foot, Harlan. King, Morrill, Sumnei, 
 Ti iinibiill, Wade, Wilkinson, and Wilson— 15. 
 
 Navs — Messrs. Anthony, Baker, Bayard, Bigler, Bright, 
 Criltenden, Dixon, Douglas, Foster, Gwin, Hunter, Jahnsrin 
 of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, 
 Polk, Pugh, Rice, Sehoitian, and Ten Eyck — 22. 
 
 The Senate adopted, without a division, 
 the amendments offered by Mr. Powell in the 
 Committee of the whole, and agreed to as 
 follows : Insert after " territory," in second 
 sentence in first article, the words " now held 
 or to be hereafter acquired," and add to 
 article fourth the words " But the African 
 slave trade shall be forever suppressed ; and 
 it shall be the duty of Congress to make 
 such laws as shall be necessary and effectual 
 to prevent the migration or importation of 
 slaves, or persons owing service or labor, 
 into the United States from any foreign 
 country, place, or jiirisdiction whatever. 
 
 Sec. 2. That persons committing crimes 
 against the rights of those who hold persons 
 to service or labor in one State, and fleeing 
 to another, shall be delivered up in the same 
 manner as persons committing other crimes ; 
 and the laws of the State from which such 
 persons flee shall be the test of criminality. 
 
 Sec. 3. Congress shall pass efficient laws 
 for the punishment of all persons in any of 
 the States who shall in any manner aid and 
 abet invasion or insurrection in any other 
 State, or commit any other act tending to 
 disturb the tranquillity of its people, or 
 government of any other State." 
 
 Mr. Crittenden moved to substitute for 
 his proposition that recommended by the 
 Peace ConPn-eiice, which was rejected — yeas 
 7, nays 28. (For vote, see p. 69.) 
 
 The Crittenden proposition, as amended, 
 was then rejected — yeas 19, nays 20, as 
 follows : 
 
 Yeas — Messrs. Bayard, Bigler, Bright, Crittenden, 
 Douglas, Gwin, Hunter, Johnsiyn of Tennessee, Kennedy, 
 Lane, Latham, Mason, NichoUon, Polk, Pugh, Rice, Sebas- 
 tian, Thomson, and Wigfall — 19. 
 
 Nays — Messrs. Anthony, Bingham, Chandler Clark, 
 Dixon, Doolittle, Durkee, Fessenden, Foot, Fostc. Crimes, 
 Harlan, King, Morrill, Sumner, Ten Eyck, TrumhuU, 
 Wade, Wilkinson, and Wilson — 20. 
 
 It was not voted upon in the House of 
 Representatives, except as far as it was em- 
 bodied in the proposition offered by Mr. 
 Clemens of Virginia^ — for which, see p. 63. 
 
 Respecting the vote of January 16th, on 
 the Crittenden proposition in the Senate, 
 
 Andrew Johnson. Senator from Tennessee, 
 in his speech on the expulsion of Jesse P. 
 Bright, Senator fromjndiana. delivered Jan- 
 uary 31st, 1862, made these remarks. When 
 the six Senators refused to vote on Senator 
 Clark's amendment.* Senator Johnson says: 
 
 " I sat right behind Mr. Benjamin, and I 
 am not sure that my worthy friend, (Mr. 
 Latham,) was not close by, when he refused 
 to vote, and 1 said to him, ' Mr. Benjamin, 
 why do you not vote ? Why not save this 
 proposition, and see if we cannot bring the 
 country to it ?' He gave me rather an 
 al)rupt answer, and said he would control 
 his own action without consulting me or 
 anybody else. Said I, ' Vote and show your- 
 self an honest man.' As soon as the vote 
 was taken, he and others telegraphed South, 
 'We cannot get any compromise.' Here 
 were six Southern men refusing to vote, when 
 the amendment would have been rejected 
 by four majority if they had voted. Who, 
 then, has brought these evils on the country ? 
 Was it Mr. Clark ? He was acting out his 
 own policy ; but with the help we had from 
 the other side of the chamber, if all those 
 on this side had been true to the Constitu- 
 tion, and faithful to their constituents, and 
 had acted with fidelity to the country, the 
 amendment of the Senator from New Hamp- 
 shire could have been voted down, the de- 
 feat of which the Senator from Delaware 
 says would have saved the country. Whose 
 fault was it ? Who is responsible for it ? 
 I think that it is not only getting the nail 
 tln-ough, but clinching it on the other side, 
 and the whole staple commodity is taken 
 out of the speech. Who did it ? Southern 
 traitors, as was said in the speech of the 
 Senator from California. They did it. They 
 wanted no compromise. They accomplished 
 their object by withholding their votes; and 
 hence the country has been involved in the 
 present difficulty. Let me read another 
 extract from the speech of the Senator from 
 California, [Mr. Latham] : 
 
 "'I recollect full well the joy that per- 
 vaded the faces of some of those gentlemen 
 at the result, and the sorrow manifested by 
 the venerable Senator from Kentucky, [Mr. 
 Crittenden.] The record shows that Mr. 
 Pugh, from Ohio, despairing of any com- 
 promise between the extre»iies of ultra Re- 
 publicanism and disunionists, working mani- 
 festly for the same end, moved, immediately 
 after the vote was announced, to lay the 
 whole subject on the table. If you will turn 
 to page 443, same volume, you will find, when 
 at a late period, Mr. Cameron, from Penn- 
 sylvania, moved to reconsider the vote, ap- 
 peals having been made to sustain those 
 who were struggling to preserve the peace 
 of the country, that vote loas reconsidered ; 
 and when, at last, the Crittenden proposi- 
 tions were submitted on the 2d day of March, 
 these Southern States having nearly all se- 
 
 * See Mr. Crittenden's despatch to Kaleigh, January 
 17 tb, page 39. 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 67 
 
 ceded, they were then lost by but one vote. 
 Here is the vote : 
 
 Yeas— Messrs. Bayard, Bigler, Bright, Crittenden, Doug- 
 las, Gwia, Hunter, Johnson of Tennessee, Kennedy, Lane, 
 Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, 
 Thomson, and Wigfall— 19. 
 
 Nats — Messrs. Anthony, Bingham, Chandler, Claris 
 Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes- 
 Harlan, King, Morrill, Sumner, Ten Eyck, Trumbull, Wad^ 
 Wilkinson, and Wilson — 20. 
 
 " ' If these seceded Southern States had 
 remained, there would have passed, by a 
 large vote, (as it did without them.) 
 amendment, by a two-third vote, forbidding 
 Congress ever interfering with slavery in 
 the States. The Crittenden proposition 
 would have been indorsed by a majority 
 vote, the subject finally going before the 
 people, who have never yet, after considera- 
 tion, refused justice, for any length of time, 
 to any portion of the country. 
 
 '"I believe more, Mr. President, that 
 these gentlemen were acting in pursuance 
 of a settled and fixed plan to break up and 
 destroy the Government.' 
 
 " When we had it in our power to vote 
 down the amendment of the Senator from 
 New Hampshire, and adopt the Crittenden 
 resolutions, certain Southern Senators pre- 
 vented it; and yet, even at a late day of 
 the session, after they had seceded, the 
 Crittenden proposition was only lost by one 
 vote. If rebellion and bloodshed and mur- 
 der have followed, to whose skirts does the 
 responsibility attach? I summed up all 
 these facts myself in a speech during the 
 last session, but I have preferred to read 
 from the speech of the Senator from Cali- 
 fornia, he being better authority, and hav- 
 ing presented the facts better than I could." 
 
 Mr. Lincoln's Opinions on a Compro- 
 mise. 
 
 From the A^. F. Tribune of Jan. 30th, 1861. 
 
 " We do not hesitate to say that these 
 Btatements are false and calumnious. We 
 have the best authority for saying that Mr. 
 Lincoln is opposed to all concessions of the 
 sort. We knoro that his views are fully ex- 
 jjressed in his own language as follows : 
 
 " ' I will suffer death before I will consent 
 or advise my friends to consent to any con- 
 cession or compromise which looks like 
 buying the privilege of taking possession of 
 the Government to which we have. a consti- 
 tutional right; because, whatever I might 
 think of the merit of the various propositions 
 before Congress, I should regard any con- 
 cession in the face of menace as the destruc- 
 tion of the government itself, and a consent 
 on all hands that our system shall be 
 brought down to a level with the existing 
 disorganized state of affairs in Mexico. But 
 this thing will hereafter be, as it is now, in 
 the hands of the people ; and if they desire 
 to call a convention to remove any griev- 
 ances complained of, or to give new guaran- 
 tees for the permanence of vested rights, it 
 is not mine to oppose.' " 
 
 The " Peace Conference" and its Pro- 
 position. 
 
 Commissioners composing the " Peace 
 Conference," held at the request of the 
 Legislature of Virginia, met in Washington, 
 February 4th, 1861, and adjourned February 
 27th. The following gentlemen represented 
 their States, under appointment of the 
 Governors or Legislatures thereof: 
 
 DELEGATES. 
 
 Maine. — William P. Fessenden, Lot Isl. 
 Morrill, Daniel PI Somes. John J. Perry, 
 Ezra B. French, Freeman H. Morse, Stephen 
 Coburn, and Stephen C. Foster. 
 ■ Neio Hampshire. — Amos Tuck, Levi 
 Chamberlain, and Asa Fowler. 
 
 Vermont. — Hiland Hall, Levi Underwood, 
 H. Henry Baxter, L. E. Chittenden, and B. 
 D. Harris. 
 
 3Iassachusetts.— John Z. Goodrich, John 
 M. Forbes, Eichard P. Waters, Theophilus 
 P. Chandler, Francis B. Crowninshield, Geo. 
 S. Boutwell, and Charles Allen. 
 
 Rhode hland. — Samuel A.mes, Alexander 
 Duncan, AVilliam AV. Hoppin, George H. 
 J3rowne, and Samuel G. Arnold. 
 
 Connedicid.—Rog&v S. Baldwin, Chauncey 
 P Cleveland, Charles J. McCurdy, James T. 
 I'ratt, Roljbins Battelle, and Amos Treat. 
 
 Neio Fo /-A;.— David Dudley Field, Wm. 
 Curtis Noyes, James S. Wadsworth, James 
 C. Smith, Amaziah B. James, Erastus 
 Corning, Greene C. Bronson, William E. 
 Dodge, John A. King, and John E. Wool. 
 
 Neiv Jersey. — Charles S. Olden, Peter D. 
 Yroom, Robert F. Stockton, Benjamin 
 Williamson, Joseph F. Randolph, Fred. T. 
 Frelinghuysen, Rodman M. Price, William 
 C. Alexander, and Thomas J. Stryker. 
 
 Bennsylvania. — Thomas White, James 
 Pollock, Wm. M. Meredith, David Wihnot, 
 A. W. Loomis, Thomas E. Franklin, and 
 William McKennan. 
 
 Delaioare. — George B. Rodney, Daniel M. 
 Bates, Henry Ridgely, John W. Houston, 
 and William Cannon. 
 
 Maryland. — John F. Dent, Reverdy John- 
 son, John W. Crisfield, Augustus W. Brad- 
 ford, Wm. T. (ioldsborough, J. Dixon 
 Roman, and Benjamin C. Howard. • 
 
 Virginia. — John Tyler, William C. Rives, 
 John W. Brockenbroiigh, George W. Sum- 
 mers, and James A. Seddon. 
 
 North Carolina. — George Davis, Thomas 
 Ruffin, David S. Reid, D. M. Barringor, and 
 John M. Morehead. 
 
 Tennessee.— ii^rawQ^ Milligan, Josiah M. 
 Anderson, Robert L. Caruthers, Thomas 
 Martin, Isaac R. Hankins, A. O. W. Tot ten, 
 Robert J. McKinney, Alvin Cullora, Wm. 
 Hickcrson, Geo. AV. Jones, F. K. Zollicofier, 
 and William H. Stevens. 
 
 Kentucky. — William O. Butler, James B. 
 Clay, Joshua F. Bell, Charles S. Morehead, 
 James Guthrie, and Charles A. Wicklifl'e. 
 
 Missouri. — John D. Coalter, Alexander 
 
68 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 M. Doniphan, Waldo P. Johnson, Aylett H. 
 Bnckner, and Harrison Houeh. 
 
 Ohio.— John C. V/right * Salmon P. Chase, 
 William S. Groesbeck, Franklin T. Backus, 
 Reuben Hitchcock, Thomas Ewing, and Y. 
 B. Horton. 
 
 Indiana. — Caleb B. Smith, Pleasant A. 
 Hackleman, Godlove S. Orth, E. W. H. 
 Ellis, and Thos. C. Slaughter. 
 
 Illinois. — John Wood, Stephen T. Logan, 
 John M. Palmer, Burton C. Cook, and 
 'ITiomas J. Turner. 
 
 Iov)a. — James Harlan, James W. Grimes, 
 Samuel R. Curtis, and William Vandever. 
 
 The officers were : 
 
 John Tyler of Virginia, President ; Crafts 
 J. Wright of Ohio, Secretary ; James M. 
 Tower of New Jersey, J. Henry Puleston 
 of Pennsylvania, Wm. M. Hoppin of Rhode 
 Island, John Stryker of New York, assis- 
 tants. 
 
 They recommended that the following be 
 proposed to the several States as amendments 
 to the Constitution of the United States : 
 
 Article 13. Sec. 1. In all the present territory of the 
 United States, north of the parallel of 36° 30' of north 
 latitude, involuntary servitude, except in punishment of 
 crime, is prohibited. lu all tlie present Territory south 
 of that line, the status of persons held to involuntary 
 service or labor, as it now exists, shall not be chau<red: 
 nor .suall any law be passed by Congress or the Territorial 
 Legislature to hinder or prevent the takinj; of such 
 persons from any of the States of this Union to said 
 Territory, nor to impair the rights arising from said 
 relation; but the same shall he snbject to judicial 
 cognizance in the Federal courts, according to the course 
 of the Ciimraon law. When any Territory north or south 
 of said line, witliin such boundary as Congress may 
 prescribe, shall contain a population equal to that re- 
 quired for a member of Congress, it shall, if its form of 
 Government be republican, he admitted iuco the Union on 
 an equal footing with the original States, with or without 
 involuntary servitude, as the constitution of such State 
 may provide. 
 
 Sec. 2. No Territory shall be acquired by the ITnited 
 States, except by discovery and for naval and commer- 
 cial stations, di^pots, and transit routes, without the con- 
 currence of a majority of all the Senators from States 
 which allow involuntary servitude, and a majority of all 
 the Senators from States wliich prohibit that relation ; nor 
 shall Territory be acquired by treaty, unless the votes of a 
 majority of the Senators from each class of .States hereinbe- 
 fore mentioned be cast as a part of the two-thirds majority 
 necessary to the ratification of such treaty. 
 
 Sec. 3. Neither the Constitution nor any amendment 
 thereof shall be construed to give Congress power lo regu- 
 late, abolish, or control, within any State the relation 
 established or recognized by the laws thereot touching 
 P'>rsoiisJield to labor or involuntary service therein, nor to 
 interfere with or abolish involuntary service in the 
 District of Columbia without the consent of Maryland and 
 without the consent of the owners, or making the owners 
 who do not consent just compensation ; nor the power to 
 interfere with or prohibit Representatives and others from 
 bringing with them to the District of Columbia, retaining, 
 and taking away, persons so held to labor or service ; nor 
 the power to interfere with or abolish involuntary service 
 in places under the exclusive jurisdiction of the United 
 States within those States and Territories where the same 
 is established or recognized ; nor the power to prohibit the 
 removal or transportation of persons held to labor or 
 involuntary service in any State or Territory of the United 
 States to any other State or Territory thereof where it is 
 established or recognized by law or usage, aud the right 
 during transportation, by sea or river, of touching at 
 ports, shores, and landings, and of landing in case of dis- 
 tress, shall exist ; but not the right of transit in orthrough 
 any State or Territory, or of sale or traffic, against the laws 
 
 thereof. Nor shall Congress have power to authorize any 
 higher rate of taxation on persons held to labor or service 
 than on land. The bringing into the District of Columbia 
 of persons held to labor or service, for sale, or placing 
 them in depots to be afterwards transferred to other places 
 for sale as merchandize, is prohibited. 
 
 Sfc. 4. Thethi.'l i i ii . in : .>r the second section of the 
 fourth article of tii ' in shall not be construed to 
 
 prevent any of th> - .: , ; . .; impropriate legislation, aud 
 
 #irough the actiuu uf ilit.r j ;ulitial and ministerial officer.-, 
 om enforcing the delivery of fugitives from labor to the 
 person to whom such service or labor is due. 
 
 Sec. 5. The foreign slave trade is hereby forever prohib- 
 ited ; and it shall be the duty of Congress to pass laws to 
 prevent the importation of slaves, coolies, or persons held 
 to service or labor, into the United States and the Territo- 
 ries from places beyond the limits thereof. 
 
 Sec. G. The first, third, and fifth sections, together with 
 this section of these amendments, and the third paragraph 
 of the second section of the first article of the Constitutiot), 
 and the third paragraph of the second section of the fourth 
 article thereof, shall not be amended or abolished without 
 the consent of all the States. 
 
 Sec. 7. Congress shall provide by law that the United 
 States shall pay to the owner the full value of his fugitive 
 from labor, in all cases where the marshal or other officer, 
 whose duty it was to arrest such fugitive, was prevented 
 from so doing by violence or intimidation from mobs or 
 riotous assemblages, or when, after arrest, such fugitive 
 was rescued by like violence or intimidation, and tlje 
 owner thereby deprived of the same ; and the acceptance 
 of such payment shall preclude the owner from further 
 claim to such fugitive. Congress shall provide by law 
 for securing to the citizens of each State the privileges and 
 immunities of citizens in the several States. 
 
 Section 1 was first lost, yeas 8, nays 11, 
 then re-considered, and agreed to, yeas 9, 
 (Delaware, Illinois, Kentucky, Maryland, 
 New Jersey, Ohio, Pennsylvania, Rhode 
 Island, Tennessee,) nays 8, (Connecticut, 
 Iowa, Maine, Massachusetts, North Caro- 
 lina, New Hampshire, Yermont, Yirginia.) 
 
 Section 2 was agreed to, yeas 11, (Dela- 
 ware, Indiana, Kentucky, Maryland, Mis. 
 souri, New Jersey, Ohio, Pennsylvania, 
 Rhode Island, Tennessee, Yirginia.) nays 8, 
 (Connecticut, Illinois, Iowa, Maine, Massa- 
 chusetts, North Carolina, New Hampshire, 
 Yermont.) 
 
 Section 3 was agreed to, yeas 12, (Dela- 
 ware, Illinois, Kentucky, Maryland, Mis- 
 souri, New Jersey, North Carolina, Ohio, 
 Pennsylvania, Rhode Island, Tennessee, 
 Yirginia,) nays 7, (Connecticut, Indiana, 
 Iowa, Maine, Massachusetts, New Hamp- 
 shire, Yermont.) 
 
 Section 4 was agreed to, yeas 15, (Connec- 
 ticut, Delaware, Illinois, Indiana, Kentucky, 
 Maryland, Missouri, New Jersey, North 
 Carolina, Ohio, Pennsylvania, Rhode Island, 
 Tennessee, Yermont,Yirginia,) nays 4, (Iowa, 
 Maine, ISIassachusetts, New Hampshire.) 
 
 Sections was agreed to, yeas 16, (Connec- 
 ticut, Delaware, Illinois, Indiana, Kentucky, 
 Maryland, Missouri, New Jersey, New York, 
 New Hampshire, Ohio, Pennsylvania, Rhode 
 Island, Tennessee, Yermont, Kansas,) nays 
 5, (Iowa, Maine, Massachusetts, North Caro- 
 lina, Yirginia.) 
 
 Section 6 was agreed to, yeas 11, (Dela- 
 ware, Illinois, Kentucky, Maryland, Mis- 
 souri, New Jersey, Ohio, Pennsylvania, 
 Rhode Island, Tennessee, Kansas,) nays 9, 
 (Connecticut, Indiana, Iowa, Maine, Massa- 
 chusetts, North Carolina, New Hampshire, 
 Vermont, Yirginia.) New York was divided. 
 
 Section 7 was agreed to, yeas 12, (Dcla- 
 
PROCEEDINGS OF THE GOVERNMENT, 
 
 69 
 
 ware, Illinois, Indiana. Kentucky. INIaryland, 
 New Jersey. New Hampshire. Ohio, Penn- 
 sylvania. Rhode Island, Tennessee, Kansas.) 
 nays 7, (Connecticut, Iowa, Maine. Missoiiri, 
 North Carolina, Vermont, Virginia.) New 
 York was divided. 
 
 By a vote of 12 to 7, (New York divided.) 
 the resolution offered by Mr. Fkaxki.ix of 
 Pennsylvania, after the adoption of the above 
 proposition, to the effect that no State of 
 this Union has any constitutional right to 
 peccde therefrom, or to absolve its citizens 
 from their allegiance to the Government of 
 the United States, was indefinitely postponed, 
 yeas 10. (Delaware, Kentucky, Maryland, 
 Missouri, New Jersey, North Carolina, Ohio, 
 ' Rhode Island, Tennessee. Virginia.) nays 7, 
 (Connecticut, Illinois, Indiana. Iowa, Maine, 
 Massachusetts, Pennsylvania.) 
 
 Pending the vote in the Conference on 
 these propositions, 
 
 Mr. David Dudley Field, of New York, 
 moved to substitute for Section 7, a pro- 
 vision that "no State shall withdraw from 
 the Union without the consent of all the 
 States, given in a Convention of the States, 
 convened in pursuance of an act passed by 
 two-thirds of each house of Congress ;" 
 which was rejected — yeas 10, nays 11, as 
 follows : 
 
 Yeas — Connecticut. Illinois. Indiana, 
 Iowa, Maine, Massachusetts, New York, 
 New Hampshire, Vermont. Kansas — 10. 
 
 Nays — Delaware, Kentucky, Maryland, 
 Missouri, New Jersey, North Carolina, Ohio, 
 Pennsylvania, Rhode Island, Tennessee, Vir- 
 ginia — 11. 
 
 Mr. Baldwin, of Connecticut, moved a 
 substitute recommending that Congress call 
 a Convention for proposing amendments to 
 the Constitution of the United States ; 
 which was lost — -^eas 8, nays IB, as follows : 
 
 Yeas — Connecticut, Illinois. Iowa, Maine, 
 Massachusetts, New York, New Hampshire, 
 Vermont — 8. 
 
 Nays — Delaware. Indiana, Kentucky, Ma- 
 ryland, Missouri, New Jersey, North Caro- 
 lina, Ohio, Pennsylvania, Rhode Island, Ten- 
 nessee. Virginia, Kansas — 13. 
 
 Mr. Skddon's project — securing in addition 
 to the Crittenden proposition, the right of 
 transit for slaves through Free States — ex- 
 cluding from the elective franchise, or the 
 riffht to hold Federal. Stafe. Territorial or 
 Municipal office, all persons who are in whole 
 or part of the African race— and in a modi- 
 fied form recognizing the right of peaceable 
 State secession, — was also offered, and was 
 lost — yeas 4, nays 16, as follows : 
 
 Yeas — Kentucky, Missouri, North Caro- 
 lina and Virginia. 
 
 Nays — Connecticut, Delaware, Illinois, In- 
 diana. Maine, Massachusetts, Maryland, New 
 Jersey, New York. New Hampshire, Ohio, 
 Pennsylvania, Rhode Island, Tennessee, Ver- 
 mont, and Kansas— 16. 
 
 Mr. James B. Clay's substitute (much like 
 Mr. Seddon's) was also lost — yeas 5 (Ten- 
 
 nessee, besides those above), nays 14 (same 
 as above with Tennessee and Kansas out). 
 
 Mr Tuce's substitute, denying the power 
 of Congress, or any branch of the Federal 
 Government, to interfere in any manner with 
 slavery in any of the States, and that either 
 of the great political organizations of the 
 country contemplates a violation of the Con- 
 stitution, and recommending a Convention 
 to propose amendments to the Constitution 
 of the United States for the redress of what- 
 ever grievances exist, was also rejected — 
 3^eas 9, nays 11, as follows : 
 
 Yeas — Connecticut, Illinois, Indiana, Iowa, 
 Maine, Massachusetts, New York, New 
 Hampshire. Vermont — 9. 
 
 Nats — Delaware, Kentucky, Maryland, 
 Missouri, New Jersey, North Carolina, Ohio, 
 Pennsylvania, Rhode Island, Tennessee, Vir- 
 ginia — n. 
 
 There were 133 members present upon the 
 adoption of the report, repreeenting 
 
 Maine, Massachusetts, New York, Dela- 
 ware, North Carolina, Missouri, New Hamp- 
 shire, Rhode Island, New Jersey, Maryland, 
 Tennessee, Ohio, Vermont, Connecticut, 
 Pennsylvania, Virginia, Kentucky, Indiana, 
 Illinois, Iowa, Kansas. 
 
 Note. — Michigan, Vyisconsin, California and Oregon, of 
 the loyal States, were not represented iu the Conference. 
 
 These propositions were offered to the 
 Senate by Mr. Joiixsox of Arkansas, March 
 2d, pending the House resolution proposing 
 an amendment of the Constitution, and they 
 were rejected — yeas 3, nays 34, as follows : 
 
 Yeas— llossrs. Foot. NichnUm, and PuijJi—3. 
 
 Nats — Messrs. Anthonj', Baker, Bigler, Bingham, Bright, 
 Chandler, Clark, Crittenden. Dixon, Doolittle, Douglas. 
 Durkee. Fessenden, Foster, Grimes, Harlan, Hunter, John- 
 son of Arkansas, Johnson of Tennessee, Kennedy, King, 
 Latham. Mason, Morrill, Polk, Rice, Sebastian, Sumner, Ten 
 Eyck, Trumbull, Wade, Wig/all, Wilkinson, and Wilson 
 
 Subsequently (March 2d) they were offered 
 to the Senate by Mr. Crittenden of Ken- 
 tucky, after the adoption of the House con- 
 stitutional amendment, and pending the 
 Crittenden propositions, and they were re- 
 jected, yeas 7, nays 28, as follows: 
 
 Yeas — Messrs. Crittenden, Douglas, Harlan, Johnson of 
 Tennessee, Kennedy, Morrill, and Thomson — 7. 
 
 Nats — Messrs. Bayard, Bigler, Bingham, Bright, Chand- 
 ler, Clark, Dixon, Fessenden, Foot, Foster, Grimes, Qivin, 
 Hunter, Lane, Latham, Mason, Nicliolson, Polk, Pugh, Rice, 
 Sebastian, Sumner, Ten Eyck, Trumbull, Wade, Wig/all, 
 Wilkiason, and Wilson — 28. 
 
 March 1st, 1861. Mr. McClernand moved 
 to suspend the rules for the p\irpose of re- 
 ceiving the recommendation of the Peace 
 Congress, which was rejected, yeas 93, nays 
 67, as follows : 
 
 Yeas — Messrs. Charles F. Adams, Green Adams, Adrain, 
 Aldrich,Williara C. Anderson, Avery, Barr, Barrett, Bocock, 
 Boteler, Brabson, Branch, Briggs, Bristow, Brown, Burch, 
 Burnett, Campbell, Horace F. Clark, John B. Clark, John 
 Cochrane, Corwin, James Craig, John G. Davis, Dejarnettt, 
 Dunn, Etheridge, Florence, Foster, Fouke, Gamett, Gilmer, 
 Hale, Hall, Hamilton, J. Jlorrison Harris, John T. Harris, 
 Haskin, Uatton, Hoard, Holmnn, William Howard, Hughes, 
 Jenkins, Juukin, W. Kellog, Killinger, Kuukel, LarruU,,.]. 
 M. Leach, Leake, Logan, Maclay, Mallory, Chas. D. Martin, 
 Maynard, McClernand, McKenty, McKnight, McPheraon, 
 Miilson, Millward, Laban T. Moore. Moorhead, Edward Joy 
 Morris. Nelson, Niblack, Nixon, Olin, Pendleton, Peyton, 
 
PROCEEDINGS OF THE GOVERNilENT. 
 
 Phelps, Porter, Pnjnr, Quarles, John H. Reynolds. Rice, 
 Bigffs, James C. Robinson, Sickles, Simms, Wm. N. H. Smith, 
 Spaultling, Stevenson, William Stewart, Stokes, Thomas, 
 Vance, M'ebster, WhileUy, Winslow, Woodson, and Wright 
 —93. 
 
 Nats — Messr."!. Alley, Ashley, Bingham, Blair, Brayton, 
 BuflSnton, Burlingame, Buriiham, Carey, Case, Coburn, 
 Colfax, Conway, Burton Craige, Dawes, Delano, Duell, Ed- 
 gerton, Eliot, Ely, Kenton, Ferry, Frank, Gooch, Graham, 
 Grow, Gurley, Helmick, Hickman, Hindman, William A. 
 Howarij, Ilutchins, Irvine, Francis W. Kellogg, Kenyon, 
 Loomis, Lovejoy, McKean, Morrill, Morse, Palmer, Perry, 
 Potter, Pottle, Christopher Robinson, Royce, Ruffin, Sedg- 
 wick, Sherman, Somes, Spinner, Stanton, Stevens, Tappan, 
 Tompkins, Train, Vandever, Van Wyck, Wade, WaUlron, 
 Walton, Cadwalader C. Washburn, Ellihu B. Washburne, 
 Wells, Wilson, Windom, and Woodruff— 67. 
 
 When the report was presented to the Sen- 
 ate and a motion made to fix a time to con- 
 sider it, 
 
 Mr. Thos. L. Cmngman of North Carolina, 
 said he was " utterly opposed to the propo- 
 sition," but was willing to give it the direc- 
 tion its friends desired. 
 
 Mr. Milton S. Latham of California, said 
 he " had no confidence in this thing," but 
 would vote for the motion. 
 
 When it was presented to the House, 
 
 Mr. Saml. H. Woodson of Missouri, said 
 he would vote to receive it, but was against 
 the proposition. 
 
 Mr. Burton CRAioEof North Carolina, said 
 he was "utterly opposed to any such wishy- 
 washy settlement of our National difficulties." 
 
 Mr. Shelton F. Leake " regarded this 
 thing as a miserable abortion, forcibly re- 
 minding one of the old fable of the moun- 
 tain and the mouse ; nevertheless, he was 
 willing to let the mouse in, in order to have 
 the pleasure of killing it." 
 
 Mr. Tho's. C. Hindman of Arkansas, be- 
 lieved the report " to be unworthy of the vote 
 of any Southern man." 
 
 Mr. MuscoE R. H. Garnett of Virginia, 
 " intending and desiring to express my ab- 
 horrence of these insidious propositions, con- 
 ceived in fraud and born of cowardice, by 
 giving a direct vote against them, yet from 
 respect for the conference which reported 
 them" was willing to receive them. 
 
 The above were the only votes taken upon 
 the recommendation. That in the House 
 was not a test, as some voted to receive who 
 were opposed to the adoption of the report, 
 and probably vice versa. 
 
 Senate Committee of Thirteen. 
 
 December 18th. 1860. On motion of Mr. 
 Powell, a Committee of Thirteen were au- 
 thorized to consider the condition of the 
 country; which consisted of 
 
 Mr. Powell, Mr. Seward, Mr. Collamer, 
 Mr. Bigler, Mr. Hunter, Mr. Toombs, Mr. 
 Davis, Mr. Rice, Mr. Crittenden, Mr. Doug- 
 las, Mr. Wade, Mr. Doolittle, Mr. Grimes. 
 
 Dec. 31st. The chairman reported that 
 the Committee had not been able to agree 
 upon any general plan of adjustment. 
 
 PROCEEDINGS OF THE COMMITTEE. 
 
 Dec. 22d, 1860, it was agreed that no 
 proposition shall bo reported as adopted. 
 
 unless sustained by each of the two classes 
 of Senators of the Committee — Senators of 
 the Republican party to constitute one class, 
 and Senators of other parties to constitute 
 the other. 
 
 Mr. Crittenden offered his amendm^ts. 
 
 The first article was lost — yeas 6, nays 7: 
 
 Yeas — Messrs. Bigler, Crittenden, Doug- 
 las, Hunter, Poivell, Rice — 6. 
 
 Nays — Messrs. Collamer, Davis, Doolittle, 
 Grimes, Seward, Toombs, Wade — 7. 
 
 The second was lost under the rule — yeas 
 8, nays 5. The nays were Messrs. Collamer, 
 Doolittle, Grimes, Seward, and Wade. 
 
 The third, fourth, and fifth articles were 
 lost by a similar vote ; also the sixth, except 
 that Mr. Grimes did not vote. 
 
 Mr. Crittenden then submitted a Joint 
 Resolution, containing four propositions : 
 
 1. That the Fugitive Slave law is in 
 strict pursuance of the plain and mandatory 
 provisions of the Constitution, and has been 
 sanctioned as valid and constitutional by the 
 judgment of the Supreme Covirt of the 
 United States, that the slave-holding States 
 are entitled to its faithful execution, and 
 laws should be made to punish those who 
 attempt, by rescue or other illegal means, 
 to hinder or defeat its execution. 
 
 2. Congress recommends the repeal of 
 those State laws which conflict with the 
 Fugitive Slave law or other constitutional 
 acts of Congress, or impede, hinder or delay 
 its free course and execution, or such modi- 
 fication of them as may prevent their being 
 used or perverted to such mischievous pur- 
 poses. 
 
 3. The Fugitive Slave law should be so 
 amended as to make the fee of the Commis- 
 sioner equal, whether his decision be for or 
 against the claimant, and the authority to 
 call the posse comitatus to his aid should be 
 limited to cases of resistance, or danger of 
 resistance or rescue. 
 
 4. The laws for the suppression of the 
 African slave trade should be made effectual 
 and thoroughly executed. 
 
 The first was lost under the rule — yeas 8, 
 nays 3 — Messrs. Doolittle, Grimes and Wade, 
 voting nay ; Mr. Collamer and Mr. Seward 
 not voting. 
 
 The second was lost under the rxde — yeas 
 7, nays 4 — Messrs. Collamer, Doolittle, Sew- 
 ard, and Wade, voting nay ; Mr. Grimes not 
 voting. 
 
 The third was unanimously agreed to — 
 yeas 13 ; also the fourth. 
 
 Mr. Doolittle moved that the laws should 
 secure to the alleged fugitive slave, when he 
 shall claim that he is not a fugitive slave, a 
 jury trial before he shall be delivered to the 
 claimant. 
 
 Mr. Toombs moved to amend by adding 
 the words, "inthe State from which hefted." 
 Agreed to, yeas 7, nays 5. 
 
 Mr. Crittenden moved to limit this right 
 to cases " where he shall have been out of 
 the possession of the claimant for more than 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 71 
 
 two years." Lost — yeas 6, nays 6. Mr. 
 Toombs' motion was then lost — ^yeas 3 (Big- 
 ler, Crittenden, Grimes), nays 9. 
 
 Dec. 24th, 1860. Mr. Seward submitted 
 these Eesolutions : 
 
 1. No amendment shall be made to the 
 Constitution which will authorize or give to 
 Congress the power to abolish or interfere, 
 within any State, with the domestic institu- 
 tions thereof, including that of persons held 
 to labor or service by the laws of said State. 
 
 2. The Fugitive Slave act of 1850 shall be 
 so amended as to give to the alleged fugitive 
 a jury trial. 
 
 3. The Legislatures of the several States 
 shall be respectfully requested to review all 
 of their legislation affecting the right of per- 
 sons recently resident in other States, and 
 to repeal or modify all such acts as may con- 
 travene the provisions of the Constitution 
 of the United States, or any laws made in 
 pursuance thereof. 
 
 The first was agreed to — yeas 11, nays 2 
 {Rice and Toombs.) 
 
 Mr. Toombs moved to add to the second 
 the words, " in the State from lohich he fled." 
 Agreed to — yeas 7, nays 5. The resolution 
 as amended was disagreed to— yeas 6, nays 7. 
 
 Yeas — Messrs. Collamer, DooUttle, Doug- 
 las, Grimes, Seward, Wade. 
 
 Nays — Messrs. Bigler, Crittenden, Davis, 
 Hunter. Poivell, Bice, Toombs. 
 
 The third was lost, under the ride — yeas 7, 
 nays 5. 
 
 Yeas — Messrs. Bigler, Collamer, Critten- 
 den. Doolitt'le, Grimes, Seward, Wade. 
 
 Nays — Messrs. Davis, Hunter, Poivell 
 Rice, Toombs. 
 
 Mr. Toombs'* propositions were then neg- 
 atived. 
 
 * They were— 1st. The people of the United States shall 
 have an equal right to emisjrate to, and settle in, the pres- 
 ent or any future acquired territories, with whatever 
 property they may possess (including slaves), and be 
 secnrety protected in its peaceable enjoyment, until such 
 Territory may be admitted as a State in the Union, with 
 or without slavery, as she may determine, on an equal- 
 ity with all existing States. Lost under the rule — yeas 
 7, nays 5 (the Republican members). 
 
 2. That property in slaves shall be entitled to the same 
 protection from the Government of the United States in 
 all of its departments, everywhere, which the Constitu- 
 tion confers the power upon it to extend to any other 
 property — this not to interfere with the right of every 
 State to prohibit, abolish, or establish, and protect sla- 
 very within its limits. Lost under the rule by the same 
 vote. 
 
 3. I'-^rsons committing crimes against slave property in 
 one St I'e and fleeing to another, shall be delivered up as 
 other criminals. Lost by the same vote. 
 
 4. Congress to pass laws punishing persons engaged in 
 invasion or insurrection, or other act tending to disturb 
 the trnuquillity of any other State. Lost, 6 to 4. 
 
 ."i. Fugitive slaves not to have benefit of writ of habeas 
 corpus or trial by jury. Lost, 7 to '>. as before. 
 
 6. Congress to pass no law in relation to slavery in the 
 States or Territories or elsewhere, without the consent of a 
 majority of the Senators and Representatives of the slave- 
 holding States. Amended, on motion of Mr. Hpnter, so 
 as to add : ''and also a majority of the Senators and 
 Representatives of the non-slaveholding States," and 
 then lost — yeas ."), nnys 6. 
 
 7. None of these provisions, or others in the Constitu- 
 tion relating to slavery i except the African slave trade), 
 to be altered without the consent of all the States in 
 which slavery exists. Lost, 6 to .5 (the Republican 
 members). 
 
 Dec. 26, 1860. Mr. Seward moved. That 
 under the 4th section of the 4th article of the 
 Constitution, Congress should pass an efiBc- 
 ient law for the punishment of all persons 
 engaged in the armed invasion of any State 
 from another, by combinations of individ- 
 ' uals, and punishing all persons in complicity 
 therewith, on trial and conviction in the 
 State or district where their acts of com- 
 plicity were committed, in the Federal courts. 
 
 Mr. Toombs moved to add : ''And also aU 
 attempts to excite insurrection in any Slate 
 by the people of any other State." Agreed 
 to — yeas 8, nays 5 (Collamer, Doolittle, 
 Grimes, Seward, Wade). 
 
 Mr. Douglas moved to add : "And for the 
 suppression and punishment of conspiracies 
 or combinations, in any State or Territory, 
 tvith intent to invade, assail, or molest the 
 government, inhabitants, property, or insti- 
 tidions of any other State or Territory of 
 the Union." Agreed to. 
 
 On the resolution as amended, the ques- 
 tion was divided, and the proposition offered 
 by Mr. Seward was agreed to — yeas 9, nays 3 
 (Rice, Toombs, Wade) ; that offered by Mr. 
 Toombs was agreed to ; that offered by Mr. 
 Douglas was lost — yeas 6, nays 6 (Collamer, 
 Davis, Doolittle, Grimes, Seward, Wade). 
 The resolution as amended by Mr. Toombs 
 was then lost, under the rule — yeas 7, nays 5 
 (Collamer, Doolittle, Grimes, Seward, Wade). 
 
 Mr. Davis submitted a proposition, that 
 it shall be declared, by amendment of the 
 Constitution, that property in slaves, recog- 
 nized as such by the local laws of any of 
 the States in the Union, shall stand on the 
 same footing in all constitutional and federal 
 relations as any other species of property 
 so recognized, and like other property shall 
 not be subject to be divested or impaired 
 by the local law of any other State, either in 
 escape thereto or of transit or sojourn of the 
 owner therein ; and in no case whatever 
 shall such property be subject to be divested 
 or impaired by any legislative act of the 
 United States, or any of the territories 
 thereof. This was lost — yeas 6, nays 6. 
 
 Yeas. — Messrs. Bigler, Davis, Hunter, 
 Poivell, Rice. Toombs. 
 
 Nays. — Messrs. Collamer, Crittenden, 
 Doolittle, Grimes, Seward, AVade. 
 
 December 28th, 1860. Mr. Crittende\ 
 siibmitted a proposition relative to New 
 Mexico, which was lost — yeas 2, (Crittenden 
 and Douglas,) nays 11. 
 
 Mr. Bigler submitted a proposition, pro- 
 posing seven amendments to the Constitution. 
 
 1st. Dividing the territory now owned by 
 the United States by a line from east to 
 west on the parallel of 36° 30'. 
 
 2d. Dividing the territory south into four 
 territories, the territory north into eight. 
 
 3d. Congress to provide governments 
 when the inhabitants become sufficit>ntly 
 numerous, and when the bona fide inhab- 
 itants in any one shall be equal to the ratio of 
 representation in Congress, it shall be the 
 
PROCEEDINGS OF THE GOVEHNMKNT 
 
 duty of the President, by proclamation, to 
 announce the admission of such State into 
 the Union. 
 
 4th. In territory south, invohmtary ser- 
 vitude, as it now exists in tlie States south 
 of Mason and Dixon's hne, shall be recog- 
 nized and protected by all the departments 
 of the Territorial Governments ; and in all 
 territories north, involuntary servitude ex- 
 cept as a pimislmaent of crime shall be pro- 
 hibited. 
 
 5th. Congress shall be denied power to 
 abolish slavery in places now under its juris- 
 diction within slave States and the District 
 of Columliia, while slavery may exist in 
 Virginia or Maryland. 
 
 6th. Non-slaveholding States shall provide 
 efficient laws for the delivery of fugitives 
 from labor to the persons to whom such 
 service or labor may be due. 
 
 7th. Neither these amendments nor the 
 third paragraph of the second section of the 
 first article of the Constitution, nor the 
 third paragraph of the second section of 
 the fourth article of the Constitution, shall 
 be liable to further amendment. 
 
 This proposition was determined in the 
 negative without a division. 
 
 Mr. Douglas's propositions were then 
 considered. They were : 
 
 1st. Congress shall make no law in re- 
 gard to slavery or servitude in the terri- 
 tories, but the status of such territory in 
 this respect to remain as at present ; and 
 that every territory might form a Constitu- 
 tion when its population should be fifty 
 thousand, and exercise all the rights of sclt- 
 goverument ; and that such State should be 
 admitted into the Union on an equal footing 
 with the original States, with or without 
 slavery, as its Constitution should provide, 
 when such State should contain a popu- 
 lation to entitle it to a representation, accord- 
 ing to the federal ratio of representation. 
 
 '^d. No more territory to be acquired ex- 
 cept on a vote of two-thirds of both branches 
 of Congress, and the status thereof as to 
 servitude to remain as at the time of its 
 acquisition, until altered by the people in 
 framing a Constitution as aforesaid. 
 
 3d. Area of future States to contain not 
 less than 60,000, nor more than 80,000 square 
 miles. 
 
 4th. Extending provisions of the fugitive 
 slave law to the new States and Territories. 
 
 5th. Extending the judicial power of the 
 United States to the new States and Terri- 
 tories. 
 
 6th. Forbidding the exercise of the elec- 
 tive franchise to persons of the African 
 race, in whole or in part. 
 
 7th. Giving power to Congress to acquire 
 territory in Africa or South America for 
 colonization of free blacks. 
 
 8th. Prohibiting Congress from abolishing 
 slavery in any places in any slave State 
 without the consent of siach State. 
 
 yth. Prohibiting Congress from abolish- 
 
 ing slavery in the District of Columbia 
 without the consent of Maryland, or pre- 
 venthig persons having business in the Dis- 
 trict from bringing their slaves with them 
 and taking them away again. 
 
 10th. Prohibits Congress from interfering 
 with ihe inter-State slave-trade. 
 
 11th. Provides a payment in cash for any 
 fugitive slave who cannot be arrested by 
 the marshal through fear of mob violence, 
 etc. 
 
 12th. Provides that these amendments 
 and the third paragraph of the second sec- 
 tion of the first article, and the third para- 
 graph of the second section of the fourth 
 article of the Constitution, shall never be 
 amended, and prohibits any amendment 
 authorizing Congrp.ss ever to abolish slavery 
 in the States. 
 
 Mr. Douglas's propositions were negatived. 
 The vote on the _^rs< was, yeas 2 (Crittenden 
 and Douglas.) nays 11. On the second, 
 yeas 1, nays 10. On the third, yeas 2, nays 
 11. On ihe fourth, lost under the rule, yeas 
 8, nays 5 (the Republican members). The 
 fifth was lost, nem con. The sixth , lost under 
 the ride, yeas 8, nays 5 (the Eepublican mem- 
 bers). The seventh was adopted, yeas 10, 
 nays 3 (Davis, Hunter, Toombs). Tlie eighth 
 and ninth were lost, nem con. The tenth was 
 amended, and negatived under the rule, yeas 
 8, nays 5 (the llepublican members). The 
 eleventh and tioelfthvfere negatived, ?; em co7}. 
 
 Mr. Rice offered a proposition to settle the 
 territorial question by admitting at once into 
 the Union as a State all the territory Ipm? 
 north of 36° 30' to be called the State of 
 Washington, and all the territory lying 
 south of 36° 30' to be called the State of 
 Jefferson ; and in each case, whenever any por- 
 tion of said States shall contain, within an 
 area of not less than 60,000 square miles, 
 130,000 inhabitants, a new State may be 
 formed — all acts organizing territorial gov- 
 ernments to be repealed, and Congress to 
 appropriate money to pay the expenses of 
 the convention to form constitutions. 
 
 Mr. Seward moved to amend by adding : 
 "except so much of the Territory of Kansas 
 as is contained in the proposed boundary 
 of the Wyandot Const ittdt on." Lost — yeas 
 6, nays 6, Douglas voting aye with the Re- 
 publican members. 
 
 Mr. Rice's resolution was lost — yeas 3 
 (Bigler, Davis, Eice), nays 10 (Collamer, 
 Crittenden, Doolittle, Douglas. Grimes, Hun- 
 ter, Poivell, Seward, Toombs, Wade). 
 
 On motion of Mr. Toombs, the committee 
 then agreed to report to the Senate, with 
 their journal, the fact that they had not 
 been able to agree upon any general plan of 
 adjustment. 
 
 Other Propositions of Adjustment. 
 
 Other propositions were made, wliich do 
 not appear to have been voted on in either 
 House, or a committee of either : 
 
 Mr. Joseph Lane, Senator from Oregon, 
 
PROCEEI'IXGS OF THE GOVERNMENT. 
 
 offered a preamble and resolutions reciting 
 the irreconcilable differences which had 
 arisen between the North and South on tlie 
 question of slavery in the Territories, and the 
 measures that had been from time to time 
 adopted to settle the difficulties; that the 
 Southern States had resolved to dissolve the 
 Union rather tlian submit to the principles 
 embodied in the Chicago platform, and that 
 the mode of amendment to the Constitution 
 prescribed by that instrument itself was in- 
 adequate to the emergency. And he pro- 
 posed to the several States to send delegates 
 to a general convention to devise a new form 
 of government and requesting the delegates 
 of the Southern States to first meet in con- 
 vention, being the aggrieved party, to confer 
 and submit their conclusions to the dele- 
 gates from the Northern States, and declar- 
 ing it contrary and abhorrent to the religion 
 and civilization of the age to prevent by force 
 any State from taking such, course as her 
 safety and prosperity might require. 
 
 Mr. Andrew Johnson, Senator from Ten- 
 nessee, submitted a joint resolution j^ropos- 
 ing amendments to the Constitution in sub- 
 stance as follows : 
 
 1st. To apportion each. State into as many 
 districts as should be equal in number to the 
 whole number of Senators and Representa- 
 tives in Congress to which such State should 
 be entitled, and that in every such district 
 the persons receiving the highest number of 
 votes for President and Vice President 
 should be hoi den to have received one vote ; 
 that the persons receiving the vote of a ma- 
 jority of the districts, provided it should be a 
 majority of the whole number of votes given, 
 should be President and Vice President, but 
 that if no person had received a majority of the 
 whole number of votes as aforesaid, then a 
 second election should be held between the 
 two persons having the highest number ot 
 votes at the first election, and providing 
 farther for the election of a President from 
 the free States and Vice President from a 
 slave State, and vice versa, every four years. 
 
 2d. Providing for an election of United 
 States Senators by the people instead of by 
 the State Legislatures. 
 
 3d. Limiting the tenure of office of the 
 Judges of the Supreme Court of the United 
 States to twelve years, and providing for an 
 election of one-third of said Judges every 
 fourth year. 
 
 Mr. Johnson also offered a resolution in- 
 structing the Committee of Thirteen to in- 
 quire into the expediency of amending the 
 Constitution, so as to establish a division 
 Une in the Territories ; to repeal the legisla- 
 tion of Congress relative to the return of 
 fugitive slaves, and require each State to re- 
 turn them or pay their cash value to the 
 owner ; allowing the question of slavery in 
 dock-yards, arsenals, etc., to be regulated by 
 the States in which such places were located ; 
 restricting Congress from abolishing slavery 
 in the District of Coliimbia without the con- 
 
 sent of Maryland, and making compensation 
 to the owners ; and also from interfering with 
 the three-fifths representation of slaves or the 
 inter-State trade ; and declaring that these 
 amendments should never be amended. 
 
 THE BORDER STATES PROPOSITION. 
 
 At a meeting of Senators and Represen- 
 tatives from the fourteen border free and 
 slave States, at which about seventy-five 
 gentlemen were present, Mr. Crittenden 
 acting as President, and Messrs. Colfax and 
 Bakrett as Secretaries, the following propo- 
 sitions were submitted : 
 
 By Mr. Barrett of Missouri. Eleven 
 amendments to the Constitution on tlie 
 slavery question. 
 
 By Mr. Pryor of Virginia. That an at- 
 tempt to preserve the Union between the 
 States of this Confederacy by force would be 
 equally unconstitutional, impolitic, and des- 
 tructive of Republican liberty. 
 
 By Mr. Vallandigiiam. The Crittenden 
 resolutions. 
 
 By Mr. Colfax. That the laws of the 
 Union should be enforced and the Union of 
 the States maintained ; and that it is the 
 duty of the Executive to protect the prop- 
 erty of the United States with all the power 
 placed in his hands by the Constitution. 
 
 By Mr. Morris of Illinois. That in the 
 maturing any plan for adjusting the existing 
 difficulties of the country we will keep steadily 
 in view the preservation of the Union under 
 the Constitution as a paramount considera- 
 tion. 
 
 All of the above propositions after some 
 discussion were referred to a committee con- 
 sisting of Messrs. Crittenden of Kentucky, 
 Harris of Maryland, Sherman of Ohio, 
 Nixon of New Jersey, Saulsbury of Dela- 
 ware, Gilmer of North Carolina, Hatton of 
 Tennessee, Pettit of Indiana, Harris of 
 Virginia, McClernand of Illinois, Barrett 
 of Missouri, Sebastian of Arkansas, Vande- 
 ver of Iowa, and Hale of Pennsylvania. 
 
 The committee after consultation adopted 
 the following propositions : 
 
 Recommending a repeal of all personal 
 liberty bills. 
 
 An efficient amending of the fugitive slave 
 law, preventing kidnapping, equalizing com- 
 missioners' fees, etc. 
 
 Amending the Constitution so as to pro- 
 hibit interference by Congress with slavery 
 in the States, or abolishing it in any places 
 within its jurisdiction without the consent 
 of the State in which such places are located. 
 
 Or with the inter-State slave trade. 
 
 Perpetual prohibition of the African slave 
 trade. 
 
 Division of territory into free and slave 
 on the line of 36° 30', prohibiting Congress 
 or the Territorial Legislature from abolish- 
 ing or interfering with slavery south of that 
 line, and providing for admission of new 
 States with population sufficient for one 
 
74. 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 member of Congress and 60,000 square miles 
 of area. 
 
 OTHER PROPOSITIONS. 
 
 Proposition to the Hon. James Humphrey, 
 member of the Committee of Thirty-three 
 from the State of New York, signed by John 
 Cochrane, William B. Maclay, Daniel E. 
 Sickles, George Bricgs, Thomas J. Barr, 
 and Horace F. Clark, members of Congress 
 from said State : 
 
 1st. Recommending the territorial line of 
 36° 30'. 
 
 2d. Non-interference of Congress with 
 slavery in any places within the jurisdiction 
 of Congress without the consent of the States 
 in which such places are located. 
 
 3d. Change in the mode of electing Presi- 
 dent, by the adoption of the single electoral 
 district system for the election of Presiden- 
 tial electors, with two electors at large for 
 each State ; with provision for a second elec- 
 tion between the two highest candidates in 
 case no one had received a majority on the 
 first vote. 
 
 4th. Limiting the eligibility to the Presi- 
 dency to one term, and recommending a 
 change in the fugitive slave law so as to 
 provide for the delivery of the fugitive, not 
 to his master, but to the marshal of the dis- 
 trict in which the claimant resided, there to 
 be tried as to the right of ownership ; and in 
 case of unlawful rescue, etc., his value to be 
 paid by the State or county in which such 
 rescue occurred. 
 
 A " distinguished gentleman of Kentucky" 
 proposed to so amend the Constitution as to 
 restrain Congress from passing any law to 
 interfere with slavery in territory south 
 of 36° 30', or to interfere with the inter- 
 State slave trade, or to abolish slavery in 
 places belonging to the General Government 
 within the limits of a slave State, or to per- 
 mit the reopening of the slave trade, or to 
 interfere with slavery in the States by un- 
 equal taxation or otherwise, but authorizing 
 Congress to regulate the transit of slaves 
 through free States, and to authorize the 
 recapture of slaves escaping in such transit, 
 and to give compensation to the owner of 
 the slave in case of violent rescue, etc., 
 making it compulsory to admit new States 
 with slave constitutiens, and to prevent and 
 punish unlawful invasions of any State 
 wilh a design to excite slave insurrections. 
 
 Mr. A. H. H. Stuart offered a series of 
 resolutions in the Senate of Virginia to the 
 effect that the slavehokling States should be 
 created trustees of the territory south of 
 36° 30', and the free States trustees of the 
 territory north of that line, with the right 
 to regulate the question of slavery in either 
 case respectively. 
 
 The National Intelligencer of January 
 12 th, 1861, proposed a plan of compromise 
 by amendments to the Constitution and 
 Congressional legislation substantially as fol- 
 lows : 
 
 To prohibit Congress from interfering with 
 slavery in the States, in places imder Fed- 
 eral jurisdiction within the limits of a slave 
 State, or in the District of Columbia, or with 
 the inter-State slave trade, or to reopen the 
 slave trade ; from acquiring any additional 
 territory except by a concurrent vote of 
 two-thirds of both Houses of Congress, or 
 by treaty ratified by two-thirds of the Senate, 
 and to adopt the single electoral district 
 system, with two electors at large for each 
 State. 
 
 Also, to so amend the fugitive slave law 
 as to give the same compensation to the 
 Commissioner whether the slave was given 
 up or not, and making the State liable for 
 all extraordinary expenses attending the 
 capture of fugitive slaves, and for compensa- 
 tion to the owner in case of violent rescue, 
 etc. To admit all the territory north of 36° 
 30' at once into the Union as a State to be 
 called "Washington," and all south of that 
 line as a State to be called " Jefferson," with 
 provision for the sub-division of said States 
 into two or more States. 
 
 Governor Letcher, of Virginia, in his 
 message to the Legislature, proposed in sub- 
 stance the following plan : 'Po appoint Com- 
 missioners to visit each Northern State that 
 had passed personal liberty bills and urge 
 their repeal, guarantee slavery in the Dis- 
 trict of Columbia, equal rights in the Terri- 
 tories, free transit for slave property, and 
 the inter-State slave trade, punishment of 
 persons aiding in any way in inciting slave 
 insurrections, and deprive the General Gov- 
 ernment of the power to appoint to office in 
 slave States persons hostile to the institu- 
 tion of slavery. He also declared strongly 
 against the right of coercion, and that the 
 passage of FMeral troops across Virginia 
 for such purpose would be repelled, and ex- 
 pressed his willingness that New England 
 and Western New York should be sloughed 
 off and permitted to ally themselves with 
 Canada. 
 
 The Albany Evening Journal proposed 
 the following as a basis of settlement: 
 
 1. The passagjB of an, efiQcient but not re- 
 volting fugitive slave law. 
 
 2. The repeal of personal liberty laws. 
 
 3. Non-intervention by Congi'esa with 
 slavery in the Territories. 
 
 4. The admission of Territories as States 
 with or without slavery, as the^ may decide, 
 whenever they have a population entitling 
 thenn to a Representative in Congress. 
 
 5. Or if the two last propositions are in- 
 admissible, then the restoration of the Mis- 
 souri compromise line. 
 
 Hon. Joseph W. Taylor of Alabama 
 proposed the following : 
 
 1st. That every Soiithern State should 
 meet in Convention and adopt a platform 
 expressive of their views and wislies in the 
 present crisis, and then that they should all 
 meet in a Southern Convention and adopt a 
 platform setting forth all that they had to 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 75 
 
 demand, with a request that the people of 
 the Northern States should meet in a simi- 
 lar Convention to consider said demands. 
 
 The New York Sun published as its plan 
 of settlement: 
 
 1st. The prompt excision by amendment 
 of the Constitution, of any State which shall 
 within the next ten years, elect by vote of 
 two-thirds of her inhabitants to secede from 
 the Union. 
 
 2d. The adoption of State and Federal 
 laws for the indemnification of owners of 
 slaves who should be rescued by force or 
 otherwise unlawfully. 
 
 In an article in the Baltimore Exchange 
 of January 7th, 18G1, it was proposed as a 
 settlement of the territorial question, to 
 admit New Mexico and Arizona as a State, 
 and then amend the Constitution so as to 
 absolutely prohibit the acquisition in the 
 future of any additional territory whatever, 
 the author strongly alleging that Republican 
 Governments had more to fear from the ex- 
 pansion of territory than from any other 
 cause whatever. 
 
 BY A DISTINGUISHED CITIZEX OF NORTH CARO- 
 LINA. 
 
 An amendment of the Constitution in 
 regard to the election of a President and 
 Vice President, providing for a vote of Ihe 
 people throughout each State directly for 
 President and Vice President ; then ascer- 
 tain the number to which the j^opular vote 
 ought to be increased by reason of the slave 
 population, and let that be divided pro rata 
 between the several sets of electors accord- 
 ing to their respective strength, then let the 
 majority of each set of electors cast the 
 popular vote for President and Vice Presi- 
 dent of their choice. 
 
 A writer in the National Intelligencer 
 proposed the following : That Congress, by 
 joint resolution, should declare that the per- 
 sonal liberty bills are unconstitutional, and 
 the States should repeal them ; that Congress 
 should not interfere with slavery in the 
 States : that no more territory should be 
 acquired except by consent of three-fourths 
 of the States, and that the Dred Scott deci- 
 sion should govern all our present territory. 
 
 In a letter published in the New York 
 Herald, purporting to have been written at 
 Lexington, Kentucky, it was asserted that 
 John C. Breckinridre was in favor of the 
 Crittenden Compromise, and that the Crit- 
 tenden amendment had actually been drawn 
 up by Mr. Breckinridge and a Mr. M. C. 
 Johnson of Lexington, prior to Mr. Breck- 
 inridge's departure for Washington. 
 
 Miscellaneous Resolutions. 
 
 on UNCONSTITrTIONAI, STATE LAWS. 
 
 December 17, 1860. Mr. Adrain, of New 
 Jersey, offered the following : 
 
 '" Whereas the Constitution of the United 
 States is the supreme law of the land, and 
 
 its ready and faithful observance the duty of 
 all good and law-abiding citizens, — 
 
 "liesolved. That we deprecate the spirit of 
 disobedience to the Constitution, wherever 
 manifested, and we earnestly recommend the 
 repeal of all statutes, including personal lib- 
 erty bills, so called, enacted by State Legis- 
 latures, which are in conflict with and in 
 violation of that sacred instrument, and of 
 the laws of Congress made in pursuance 
 thereof." 
 
 Which was agreed to — yeas 154, nays 14, 
 as follows : 
 
 Yeas — Messrs. Adams of Ky., Adrain, Aldrich, Allen, 
 Anderson of Missouri, Anderson of Ky., Ashley, Avery, 
 Babbitt, Barr, Barrett, Bcale, Bingham, Blair, Blake, 
 Bocock, Boteler, Bouligny, Branch, Bray ton, Briggs, Brown, 
 Biitlinton, Burlingame, Burnett, Buruham, Buttcrliold, 
 Campbell, Carter, Case, Horace F. Clark, Clarlc of iSIissouri, 
 Cobb, John Cod, rune. Collnx. Omkling, Covode, Cox, Craig 
 of Missouri, <'.-.■; < r \ i ii, Carolina, Craxvford, Davis oi 
 Indiana, Dawi. / ' . Hilano, Duell,Dunn, JM/awnrf- 
 
 son,'E\y,Eng:i^i . i..'., \,.. , i'umsworth,l'Vnton, ii'/orertce, 
 Fouke, Frank. Cr.u/, .Ji, i_.ilmcr, Gooch, Graham, Grow, 
 Ilalc, Hall, Hardeman, Harris of Md., Harris of Va., 
 Hatton, Ileimick, llill, Hindman, Holman, Houston, How- 
 ard of Ohio, Hughes, Humphrey, Irvine, Jenkins, Jones, 
 Junkin, Kellogg of Michigan, Kenyon, Kilgore, Killinger, 
 Landrum, Larrabee, Leach of N. Carolina, Leake, Lee, Lo- 
 gan. Longnecker, Loomis, Lovejoy, Maclay, Mallory, Martin 
 of Ohio, Martin of Va., Maynard, McClernand, McKean, 
 McKenty, McKnight, McPherson, Millward, Montgomery, 
 Moore of Ky., Moorhead, Morris of Peun'a, Morris of 111., 
 Niblack,. Nixon, Kotll, Olin, Palmer, FcndUton, Pottit, 
 Peyton, Porter. Pottle. Pr'ior, Quarles, Reagan, 3. H. Rey- 
 nolds, Rice, ii'/ ; ■. i,' '■ ,, o,), Royce, Buffin, Scott, Scran- 
 ton, Sherman, ~ ■, Suiith of N. C, Spaulding, 
 Stanton, Strvn ,. -: ,, . ; ••{ I'a., Stokes, Thayer, Thomas, 
 Tonipliins, Traill, luuibl , Vanee, Verree, Wade, Waldron, 
 Walton, AYashburuo of 111., Webster, Wilson, Wood, Wood- 
 son, Wright — 154. 
 
 Nays — Messrs. Alley, Carey, Edwards, Eliot, Hutchins, 
 Potter, E. R. Reynolds, Sedgwick, Spinner, Tappan, Vande- 
 ver. Washburn of Wisconsin,Washburuof Maine, Wells — 14. 
 
 The preamble was agreed to — yeas 156, 
 nays none. 
 
 ON THE UNION. 
 
 Mr. Morris, of Illinois, offered the follow- 
 ing: 
 
 ''Resolved, ifc, That we properly estimate 
 the immense value of our National Union to 
 our collective and individual happiness ; that 
 we cherish a cordial, habitual, and immova- 
 ble attachment to it ; that we will speak of 
 it as of the palladium of our political safety 
 and prosperity ; that we will watch its pre- 
 servation with jealous anxiety; that we will 
 discountenance whatever may suggest even 
 a suspicion that it can in any event be aban- 
 doned, and indignantly frown down the first 
 dawning of every attempt to alienate any 
 portion of our country from the rest, or en- 
 feeble the sacred ties which now link to- 
 gether the vaifious parts ; that we regard it 
 as a main pillar of the edifice of our real 
 independence, the support of our tranquillity 
 at home, our peace abroad, our safety, our 
 prosperity, and that very liberty which we 
 so highly prize ; that Ave have seen nothing 
 in the past, nor do we see any thing in the 
 present, either in the election of Mr. Lincoln 
 to the Presidency of the United States, or 
 from any other existing cause, to justify its 
 dissolution ; that we regard its perpetuity as 
 of more value than the temporary triumph 
 of any party or any man ; that whatever 
 evils or abuses exist imder it ought to be 
 
'Q 
 
 PROCKEDIXGS OF THE GOVERNMENT. 
 
 corrected within the Union, in a peaceful 
 and Constitutional way ; that we believe that 
 it has sufficient power to redress every wrong 
 and enforce every right growing out of its 
 organization or pertaining to its proper 
 functions ; and that it is a patriotic duty to 
 stand by it, as our hope in peace and our de- 
 fence in war." 
 
 Which was agreed to — yeas 115, nays 44, 
 as follows : 
 
 Yeas — Messrs. Adams of Kentucky, Jdrain, Aldrich, 
 Allen, Alley, Anderson of Kentucky, Ashley, Babbitt, 
 Beale, Bingham, Blair, Blake, Brayton, Briggs, BufBnton, 
 Burlingame, Burnham, Butterfield, Campbell, Carey, Car- 
 ter, Case, Colfax, Conkling, Covode, Cnx, Varis of Indiana, 
 I>awe8, Delano, Duell, Dunn, Edgerton, Edwards, Eliot, 
 Ji\y,E7ig}ish, Etheridge, Farnsworth, Fenton, Foster, Frank, 
 French, Gooch, Graham, Grow, Hale, Hull. Harris of Md., 
 Ilelmick, Hickman, Hoard, Holmaii. ITmran/ of Ohio, 
 Humphrey, Hutchins, Irvine, Junkin, K(lli';.'g c fMicli., Ken- 
 yon, Kilgore, Killiuger.Leach of Mich., Lee, L'^rjan, Longiieck- 
 er, Looniis, Lovejoy, Martin of Ohio, McClernand, McKean, 
 McKenty, McKnight, McPhcrson, Mnntf/nmery, Moorhead, 
 Morris of Pa., Morris of Illinois, A'ihiack, is'ixon, Olin, 
 Palmer, Perry, Pettit, Porter, Potter, Pottle, E. K. Reynolds, 
 J. H. Reynolds, Rice, Riggs, Robinson of 111., Royce, Scranton, 
 Sedgwick, Sherman, Spaulding, Spinner, Stanton, Stewart 
 of Pa., Stokes, Tappan, Thayer, Tompkins, Train, Trimble, 
 Vandever, Verree, Wade, Waldron. Walton, Washbiirne of 
 111., Washburn of Maine, Wells, Wilson, Wood— 115. 
 
 Nats — Messrs. Anderson of Missouri, jlj'cry, Bai-Jcsdale, 
 Biuligny, Branch, Burnett, Clark of Missouri, Clopton, 
 Cobb, Crawford, Curry, De Jarvctte, Edmimds'm, Floj-ence, 
 Garnelt. Gartrell, Hardeman, Hill, Hindman, Hughes, Jack- 
 stm, .T,:iik:ns, Jones, Landrnm, Leach of N. C, Letike, Martin 
 of Virginia, Morn-e of Alabama, Noell, Pryor, Quarles, Rea- 
 gan, Rufin, Scott, Sickles, Singleton, Smith of Va., Stall- 
 worth, Stevenson, Thomas, Underwood, Vance, Webster, 
 Wright— 4A. 
 
 THE CONSTITUTION AND SLAVERY. 
 
 Mr. Crawford, of Georgia, offered the fol- 
 lowing : 
 
 ''Resolved, That the Constitution of the 
 United States recognizes property in slaves. 
 That the Congress of the United States has 
 })assed laws to aid slaveholders in recaptur- 
 ing their slaves whenever they escape and 
 make their way into the free States. That 
 the Supreme Court of the United States 
 have decided that negroes were not included 
 either in the Declaration of Independence or 
 in the Constitution of the United States ex- 
 cept as slaves ; and that they cannot become 
 citizens of the United States. And we, the 
 members of this House, hereby sustain and 
 will support this construction of the Con- 
 stitution, the laws, and said decisions of the 
 Supreme Court." 
 
 Dec. 18th. Mr. Sherman moved to lay the 
 resolution on the table, which was rejected 
 — yeas 89, nays 92. Subsequently a motion 
 was made to reconsider this vote, and the 
 House refusing — yeas 87, nays 91 — to lay 
 the motion to reconsider on the table, the 
 motion of Mr. Sherman to lay the resolution 
 on the table was agreed to — yeas 88, nays 81, 
 as follows : 
 
 Yeas— Messrs. Aldrich, Allen, Alley, Babbitt, Beale, 
 ringham, Blair, Blake, Brayton, Buffinton, Burlingame, 
 Butterfield, Carey, Carter, Case, Colfax, Conkling, Covode, 
 Curtis, Dawes, Delano, Duell, Edgerton, Edwards, Eliot, Ely, 
 Farnsworth, Fenton, Foster, Frank, Gooch, Graham, Grow, 
 (iurley. Hale, Hall, Helniick, Hickman, Hoard, Hutchins, 
 lr»-ine, Jiinkin, Francis W. Kellogg, Kenyon, Kilgore, 
 Killinger, t»e Witt C. Leach, Lee, Longnecker, Loomis, 
 Lovejoy, McKian, McKnight, McPherson, Millward, Moor- 
 head, Edward Joy Morris, Morse, Perry, Pettit, Porter, 
 J' ittle, Edwin R. Reynolds, John H. Reynolds, Rice, Royce, 
 Sedgwick, Sherman, Spaulding, Spinner, Stanton, WilUam 
 
 Stewart, Tappan, Theaker, Tompkins, Train, Trimble, Van- 
 devei-. Verree. Wade, Waldron, Walton, Cadwalader 0. 
 Washburn, Kllihu B. Washburne, Israel Washburn, Wells, 
 Wilsoif, Wood— S8. 
 
 Navr— Messrs. Green Adams, Adrain, Thrnnas L. Ander- 
 son, Ashley, Barksdale, Barrett, Bocock, Boteler, Boyce, 
 V.\\i:iii. Brown, Burnett, Horace P. Clark, John B. Clark, 
 Clemens, Clopton, Cobb, John Cochrane, Cox, James Craig, 
 Burton Craige,Craivford, Curry, John G. Daris, De Jamette, 
 Edmiindson^ English, Florence, Fouke, Gartrell, Gilmer, 
 Hardeman, J. Morrison Harris, Joh7i T. Harris. Hatton, Hill, 
 Hindman, Holman, Hughes, Jackson, Jones, Kunkel. Land- 
 rvm, Larrabee, Jas. M. Leach, Leake, Logan, Maclay. 
 Mallory, Elbert S. Martin, Mcaemand, McKenfy, Monl. 
 gomery, Laban T. Moore, Sydenham Moore, Isaac K. Morris, 
 JViblack, Noell, Pendleton, Peyton, Pn/nr, Pugh. Quarles, 
 Reagan, Riggs, Scott, Sickles, Simms, Singletmi, Wm. Smith, 
 Wm. N. H. Smith, Stallwoi-th, Stevensov, James A. Sleuart, 
 Stokes, Thomas, Underwood, Vance, Webster, Woodsrm, 
 Wright—Sl. 
 
 APPROVAL OF MAJOR ANDERSON'S COURSE. 
 
 Tn the House of Eepresentatives, January 
 7th, 1861, this resolution was offered by 
 Mr. Adrain, of New Jersey, and adopted — 
 yeas 125, nays 56. 
 
 "Rewlved, That we fully approve the bold 
 and patriotic act of Major Anderson in with- 
 draAving from Fort Moultrie to Fort Sumter, 
 and of the determination of the President to 
 maintain that fearless officer in his present 
 position; and that we will support the Presi- 
 dent in all constitutional measures to enforce 
 the laws and preserve the Union." 
 
 VOTE. 
 
 Yeas^ — Messrs. Charles F. Adams, Green A.da.ms, Adrain, 
 Aldrich, Allen, Alley, W. C. Anderson,Ashley,Babbitt.Beale, 
 Bingham, Blair, Blake, Brayton, Briggs, Buffinton, Burlin- 
 game, Campbell, Carey, Carter, Clemens, Coburn, J.Cochrane, 
 Colfax, Corwin, Covode, Cox, Curtis, H. W. Davis, J. G. Daris, 
 Dawes, Delano, Z)injmicfr, Duell, Dunn, Edgerton, Edwards, 
 Eliot, Ely, Etharidge, Farnsworth, Fenton, Ferry, Foster, 
 Fouke, Frank, rrencli, Gooch, Grow, Gurley, Hale, Hall, 
 Haskin, Helmick,Hickman, Hoard, Holman, William Hoxo- 
 ad, William A. Howard, Humphrey, Hutchins, Irvine, 
 Junkin, Francis W. Kellogg, William Kellogg, Kenyon, 
 Kilgore, Larrabee, De Witt C. Leach, Logan, Longnecker, 
 Loomis, Lovejoy, Maclay, Marston, Charles D. Martin, 
 McClernand, McKean, McKenty, McKnight, BIcPherson, 
 Millward, Montgomery, Moorhead, Morrill, Edward Joy 
 Morris, Morse, Nixon, Olin, Palmer, Perry, Pettit, Porter, 
 Pottle, Edwin R. Reynolds, Rice, Riggs, Christopher Robin- 
 son, James C. Robinson, Royce, Sedgwick, Sherman, Sickles, 
 Spaulding, Spinner, Stanton, Stevens, William Stewart, 
 Stratton, Tappan, Thayer, Theaker, Tompkins, Train, 
 Trimble, Vandever, W'ade, Waldron, Walton, Cadwalader C. 
 Washburn, Ellihu B. Washburne, Wells, Wilson, Windom, 
 Wood— 1-2.5. 
 
 Nats — Messrs. Thomas L. Anderson, Avery, Barksdale, 
 Barrett, Bocock, Bouligny, Branch, Brown, Burch, Burnett, 
 John B. Clark, Clopton, Cobb, James Craig, Crawford, De 
 Jamelte, Morence, Garnelt, Gartrell, Gilmer, Hamilton, Har- 
 deman, John T. Harris, Hatton, Haxvkins, Hill, Hindman, 
 Houston, Hughes, Jones, Kunkel, Landrum, James M.Leach, 
 Love, Mallory, Elbert S. Martin, Maynard, McRae, Laban 
 T. Moore, Sydeiiham Moore, Peyton, Phelps, P-yor, Quarles, 
 Reagan, Rust. Scott, Simms, Singletoti, WiiUatn N. H. Smith, 
 Stevenson, Stokes, Vallandigham, Vance, Webster, Wright 
 —56. 
 
 COERCIO.N. 
 
 December 31st. Mr. Pryor offered the 
 following resolution: 
 
 Resolved. That any attempt to preserve 
 the Union between the States of this Con- 
 federacy by force would be impracticable 
 and destructive to republican liberty. 
 
 Mr. Stanton moved to lay this upon the 
 table, which was agreed to — yeas 98, nays 
 55, as follows : 
 
 Yeas — Messrs. Adams of Mass., Adams of Ky., .^ drain, 
 Aldrich, ^Z^cn, Babbitt, Beale, Bingham, Blair, Blake, Bray- 
 ton, Briggs, Buffinton, Burlingame, Burnham, Campbell, 
 Carey, Case, Clemens, Colfax, Conkling, Cox, Davis of Ind., 
 Dawes, Duell, Edgerton, Eliot, Ely, Etheridge, Farnsworth, 
 Fenton, Foster, Fouke, French, Gooch, Grow, Hale, Harris 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 of Md., Hatton, Helmick, Hill, Bolinan, Howard of Ohio, 
 Howard of Michigan, Humphrey, Hutchius, Juiikin, Kel- 
 logg . f Mich., Kenyon, Ivilgore, Larrabee, Leach of Slich., 
 Leet Longnecker, Loomis, Lovejoy, Marston, .Vartin of Ohio, | 
 Maynard, McKeau, McKenty, McKnight, McPherson, Moyit- 
 Qomerv, Moore of Ky., Morris of Pa., .Worm of 111., Morse, 
 yoell, Olin, Palmer, P.ndkim, Perry, Pettit, Porter, 
 Quarles, Reynolds, Robinson of Rhode Island, Robinson of 
 111., Royce, Sherman, Spaulding, Stanton, Stevens, Stokes, 
 Tappan, Thayer, Theaker, Vance, Vandever, Verree, Wade, 
 Walton, Washburn of Wisconsin, Washburne of Illinois, 
 Webster, Wilson, Windom — 98. 
 
 Nats— Messrs. Alley, Anderson of Jto., Ashley, Avery, 
 B irksdah, Barrett, Uncock, Branch, Burch, Clark of Mo., 
 Ohpton. C bb,John Cochrane, Craig ofi'lo., Crawford, Carry, 
 Curtis, Dc Jameiie, Dunn, Edmundson, Florence, Garnett, 
 O'lrtrell, Hardeman, Harris of Va., Hindman, Houston, 
 H'Mh'-s, Jacksm, Jenkins, Jones, Leach of N. C, Logan, Lore, 
 Mirtin of Va., McCkmand, McRae, Moore of Ala., Kiblark, 
 Pfyton, Pryor, Pugh, Rigqs. Rust. Scott, Sickles, Singleton, 
 Spinner, Thomas, Vallandigham, Wells, Whileley, Winslow, 
 Woodson, Wright — 55. 
 
 NOX-INTERFERENCE WITH SLAVERY IX THE 
 STATES. 
 
 February 11th, 1861. Mr. Shermax of 
 Ohio, offered the following : 
 
 Resolved, That neither the Congress of 
 the United States, nor the people or gov- 
 ernmeufs of the non-slaveholding States 
 have the constitutional right to legislate 
 upon or interfere with slavery in any of 
 the slaveholding States in the Union. 
 
 Which were agreed to — yeas 162, nays 
 none. 
 
 YEAS^Messrs. Charles F. Adams, Green Adams, Aldrich, 
 Allen, Thomas L. Anderson, William C. Andpr.son, Avery, 
 Babbitt, Bai-r, Barrett, Bingham, Blair, Bl.iko, Bncoch, 
 Boteler, Brabsou, Bray ton, Briggs, Bristow, Broicn, Kiifiin- 
 tou, Burch, Builiugame, Burnett, Butterfield, Canipbcdl, 
 Carey, Carter, Case,//orace F. Clark, John B. ClarL: Coburn, 
 John Cochrane, Colfax, Conkling, Corwin, Covode, Cox, Jas. 
 Craig, Curtis, Dawes, Delano, Dimmick, Duell, Dunn, Ed- 
 mundson, Edwards, Eliot, Ely, English, Etlieridge, l-'arns- 
 worth. Ferry, Florence, Foster, Frank, French, Gurn-tt, 
 Gilmer, Gooch, Graham, Grow, Gurley, Hall. Hamilton, .7. 
 Morrison Harris, John T. Harris, Haskin, Hatton, Helmick, 
 Hoard, Holman, William Howard, William A. Howard, 
 Hiighrs, Humphrey, Hutchins, Irvine, Jenkins, Junkin, 
 Francis \< . Kelloir'Z. Keuvon, Killinger, Larrabee, Leake, 
 Lee, LovcJ.iv. .1/ • ;. MiHory, Marston, Elhcrt S, Martin, 
 Maynard. " iKean, i/c/Cen<y, McKnight, Mc- 
 
 I'herson. V ' i 1. il/on?/7omery, Laban T. Moore, 
 
 Moorhcal, '' • i id .Tov 5Iorri.><. Isaac JW Morris, 
 
 Morse,N ' '! . ...!,' -;i, \" / I' iiiiu-r.Porry, Pettit, 
 
 Peyton, J' , i' , . ,' , I : , ,./■, Quarles, John 
 H.Reyiiul;-. I : . .' .. i ,i, , , ;, i K'.biiison, Royce. 
 Scranton, 6 j J.., v, ,o;., bli. i i.i.in, .b.tA / .,, ^'t illiam N. H. Smithj 
 Spaulding, Spiuiier, 8iautoii, iileiKusoit, William Stewart. 
 Stokes, Stout, Stratton, Tappan, Thayer, Theaker, Thomas. 
 Tompkins, Train, Trimble, Vallandigham, Vance, Vande- 
 ver, Van Wvck, Verree, Wade, Waldron, AValton, Cadwala- 
 der C. Washburn, Eliliu B. Washburne, Webster, Wells, 
 Whiteley. Wilson, Windom, Winslow, Woodson — 162. 
 
 Nays — None. 
 BILL TO RE-ORGAXIZE THE MILITIA OF THE 
 DISTRICT OF COLUMBIA. 
 
 January 28th, 18G0. Mr. Staxtox of Ohio, 
 reported from the Military Committee a hill 
 providing that every officer, non-commis- 
 sioned officer, musician, and private of the 
 militia of the District of Columbia, shall 
 take and subscribe to the oath required by 
 the eighteenth section of the act approved 
 January 11, 1812, the name of any person 
 refusing to be stricken from the roll, or if 
 an officer his commission to be forfeited. 
 
 The rules were suspended — yeas 116, nays 
 41, to permit its introduction, and it was 
 finally passed — yeas 120, nays 42, as follows : 
 
 Yea3— Messrs. Charles F. Adams, Green A^ams. Adrain, 
 Aldrich, Alley, William C. Anderson, Ashley, Babbitt, Beale, 
 Bingham, Blair, Blake , Brayton, Briggs. Briatow, Puffinton, 
 
 Burnham, Butterfield, Campbell, Carey, Case, Coburn, Col- 
 fa.x, Conkling, Covode, Curtis. H. Winter Davis, John G. 
 Davis, Dawes, Delano, Duell, Edgerton, Eliot, Etheridge, 
 Fenton, Foster, Frank, French, Gilmer, Gooch, Grow, Gurb y, 
 Hale, J- Morrison Harris, Helmick, Hoard, IMmnn, Wil- 
 liam Howard, William A. Howard, Humphrey, Hutchins, 
 Irvine, Junkin. Francis W. Kellogg, William Kellogg, Ken- 
 yon, Killinger, De Witt C. Leach, Lee, Longnecker, Loomis, 
 Lovejoy, Mallory, Marston, Charles D. Martin, M:Clernand, 
 McKean, McKnight, McPherson, Montgomery, Laban T. 
 Moore, Moorhead, Morrill, Edward Joy Morris, Isaac j\'. 
 Morris, Morse, Nelson, Niblack, N"ixon,01in, Palmer, Perry, 
 Potter, Pottle, Edwin R. Reynolds, John H. Reynolds, Kiie, 
 Riggs, Christopher Robinson, Royce, Scranton, Sedgwick, 
 Sherman, Somes, Spaulding, Spinner, Stanton, Stevens, Wm. 
 Stewart, Stokes, Stratton, Tappan, Thayer, Theaker, Toni[)- 
 kins. Train, Trimble, A'andever, Van Wyck, Wade, Waldnm, 
 Walton, Cadwalader C. Washburn, Ellihu B. 'Washburne, 
 Webster, Wells, Wilson, Windom, Wood, Woodruff— 119. 
 
 Nats — Messrs. Avery, Bocock, Boteler, Branch, Brown, 
 Burnett, Horace F. Clark, John B. Clark, James Craig, 
 Burton Craige, De Jarnette, Edmundson, Florence, Fouke, 
 Garnett, John T. Harris, Hatton, Hindman, Hughes, Kun- 
 kel, James M. Leach, Leake, Logan, Maclay, Elbert S. Mar- 
 tin, Maynard. McKcnty, Milhon, Pendleton, Peyton, Pryor, 
 Quarles, James C. Robinson, Scott, Simms, William N. H. 
 Smith, Stevenson, Thomas, Vance, Whiteley, Winslow, 
 Wright— ^2. 
 
 The bill was debated in the Senate, re- 
 committed, re-reported, but objected to by 
 Mr. Mason, Mr. Green, and others, and not 
 finally disposed of. 
 
 BILL TO SUPPRESS IXSURRECTION. 
 
 February 18th. Mr. Stanton of Ohio, re- 
 ported from the Committee on Military 
 affiiirs a bill enacting : 
 
 That the provisions of an act approved the 
 28th day of February, in the year 179.5. entitled 
 '•An act to provide for calling forth tlie 
 militia to execute the laws of the Union, 
 suppress insurrections, and repel invasions, 
 and to repeal the act now in force for those 
 purposes." and of the act approved the 3d day 
 of ^[arch. in the year 1807, entitled "An ai-t 
 authorizing the employment of the land and 
 naval forces of the tFnited States in cases of 
 insurrections," are hereby extended to the 
 case of insurrections against the authority 
 of the United States. 
 
 That the President in any case in which 
 it may be lawful to use either the militia or 
 the military and naval force of the United 
 States for the purpose aforesaid, may accept 
 the services of such volunteers as may offer 
 their services, as cavalry, infantry, or artil- 
 lery, organized in companies of the maxi- 
 mum standard, squadrons and regiments, 
 respectively, according to the mode pre- 
 scribed for the organization of the respec- 
 tive arms in the military establishment of 
 the United States ; and it shall be lawful for 
 the President to commission the officers of 
 such companies, battalions, squadrons, and 
 regiments, in their respective grades, to 
 continue till discharged from the service of 
 the United States ; and such volunteers, 
 while in the service of the United States, 
 shall be subject to the rules and articles of 
 war, and shall be entitled to same pay and 
 emoluments as officers and soldiers of the 
 same grade in the regular service. 
 
 A motion to reject the bill was negatived 
 — yeas 68, nays 109, as follows : 
 
78 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 Yeas — Messrs. Tliomas L. Anderson, William C. Ander- 
 son, Avery, BaiT, Ban-ett, Bocock, Bonligny, Bnibson, 
 Branch, Bristow, Brown, Burch, Burnett, Horace F. Clark, 
 John B. Clark, John Cochrane, Cox, James Craig, Burton 
 Craige. John G. Davis, De Jarnette, Edmvndson, English, 
 Ktheridge, Florence, Gamett, Gilmer, J. Morrison Harris, 
 John T. Harris, llatton, Hindman, William Howard, 
 Hughes, Kunkel, Larrahee, James M. Leach, Leake, Logan, 
 Maclay, Mallory, Maynard, McKenty, Millson, Laban T. 
 Moore, Isaac N. Morris,' NeXsou, Niblack, Noell, Pe'ytov, 
 Phelps, Pryor, Quarles, James C. Robinson, Buffin, Rust, 
 Scott, Sukles, Simms, William N. H. Smith, Stokes, Slout, 
 Thomas, Vallandigham, Vauce, Webster, Witislow, Wood- 
 son, Wright— GS. 
 
 Nats— McKsis. Charles F. Adams, Adrain, Aldrich, AlUn, 
 Allev. Ashl.v. li.ibliitt, Bingham, Blair, Blake, Bravton, 
 Eii,n-s, liiiftiiiton. Bui-lingame, Burnham. Bnttorfield, 
 Canipliell, Carey, Carter, Case, Colfax, Conkling, Conway, 
 Corwin, Covode. H. Winter Davis, Dawes, Delano, Dueil, 
 Dunn, Kdgerton, f^dwards, Eliot, Ely, Farnsworth, Fen- 
 ton, Frank, French, Graham, Grow, Gurley, Hale, Hall, 
 Hulmick, Hickman, Hoard, William A. Howard, Hntchins, 
 Irvine, Junkin, Francis W. Kellogg, William Kellogg, 
 Kenyon, Kilgore, Killinger, De Witt C. Leach, Lee, Long- 
 necker, Loomis, Lovejoy, Marston, McKean, McKnight, 
 McPherson, Montgomery, Moorhead, Morrill, Morse, Nixon, 
 Olin, Palmer, Perry, Pettit, Porter, Potter, Pottle, Edwin R. 
 Reynolds, John H. Reynolds, Rice, Riggs, Christopher Rob- 
 inson, Royce, Scranton, Sedgwick, Sherman, Somes, Spauld- 
 ing, Spinner, Stevens, William Stewart, Stratton, Tappan, 
 Thiiver. Tlieiiker, Tompkins, Train, Trimble, Tandever, Van 
 Wy.k, A\ aile, Waldn.n, Walton, Cadwalader C. Washburn, 
 Ellilin H, \\asbburne, Wells, Wilson, Windom, Wood, 
 Woudrnff— 109. 
 
 19th. A motion to lay it on the table was 
 negatived — yeas 68, nays 105. The yeas 
 wei'e : 
 
 Yeas — Messrs. Adrain, Allen. Tliomas L. Anderson, Wm. 
 C. Anderson, Avery, Barr, Bomrk, IJnteler, I!.>nlignv, 
 Brabson, Branch, Bristow, Bin-ch, Burmll. ]Inr,v;< F. Clark, 
 John B. Clark, John Cochrane, Vox, J.nmx ( rniij, Ilurlim 
 Craige, John G. Davis, De Jarnette, Eilminui-on, JCnglish, 
 Etheridge, Florence, Fouke, Gamett, Gilmer, Hamilton, J. 
 Morrison Harris, Jo/ire 7'. //(irris, Hatton, Hindman, Wm. 
 Howard, Hughes, Kunkel, Larrahee, James M. Leacli. 
 Leake, Maclay, Mallory, Charles D. Martin, Elbert S. Martin, 
 Maynard, McKenty, Millson, Laban T. Moore, Nelson, Nib- 
 lack, Noell, Peyton, Pryor, Quarles, Riggs, James C. Robin- 
 son, Rnffin, Rust, Sroft, Simms, Stokes, Sfotit, Thomas, Val- 
 landigham, Yance, Winslow,. Woodson, Wright — 68 
 
 26th. On motion of Mr. Corwin of Ohio, 
 the bill was postponed till the 28th, to take 
 up the report of the Committee of Thirty- 
 three, which was agreed to — yeas 100, nays 
 74, as follows : 
 
 Yeas — Messrs. Green Adams, Adrain, Thos. L. Anderson, 
 Wm. C. Anderson, Avery, Barr, Barrett, Bocock, Boteler, 
 Bonligny, Brabson, Branch, Briggs, Bristow, Brown, Burch, 
 Burnett, Campbell, Horace F. Clark, John B. Clark, John 
 Cochrane, Corwin, Cox, Jas. Craig, Burton Craige, H. Winter 
 Davis, John G. Davis, De Jarnette, Edmundson, Etheridge, 
 Florence, Fouke, Gamett, Gilhier, Hale, Hall, Hamilton, J. 
 Morrison ILarris, Jno. T. Harris, Hatton, Holman, Wm. How- 
 ard, Hughes, Jenkins, Junkin, W. Kellogg, Kilgore, Kunkel, 
 Larrahee, James M. Leach, Leake, Loqan, Maclay, Mallory, 
 Charles D. Morlhi, Elhn-I S. Marlln, Mnvnard, Mcaernand, 
 McKenty, JtrKni'lit. :MrPlMrsn„, .V,///,.)/, Millward. Ifrat- 
 gomery, J.:\h:iu T. Momi., Momiirail, Kihvard Joy Morris, 
 Isaac N. Morris, Nelscni, NUihirk, Nixon, Noell, Peyton, 
 Phelps, Pryor, Quarles, John H. Reynolds, Riggs, James C. 
 Robinson, Ruffin, Scvunton, SicJcles, »'m?«s, William N. H. 
 Smith, Stevenson, James A. Steioart,V,'m. Stewart, Stokes, 
 Slout, Stratton, Thayer, Thomas, Vallandir/ham, Vance, 
 Yerree, Webster, Winslow, Wood, Wood.mn, Wright— 100. 
 
 NAT.S — Messrs. Charles F. Adams, Alley. Ashley, Babbitt, 
 Beale, Bingham, Blair, Blake, Brayton, BufiRnton, Burlin- 
 game, Burnham, Bntterfietd, Carey, Carter, Case, Coburn, 
 Colfax, Conkling, Curtis, Delano. Duell, Edgerton, Edwards, 
 Eliot, Ely, Farnsworlh, Ki'Mton, Kerry, Gooch, Grow, Gurley, 
 Haskin, Tlickman, Ibiard, ^\ illiam A. Howard, Hutchins, 
 Francis W. Kellogg, Kenyon, De AVitt C. Leach, Lee, Long- 
 necker, Loomis, Lovejoy, Marston, Morrill, Morse, Olin, 
 Palmer, Porter, Potter, Pottle, Edwin R. Reynolds, Christo- 
 pher Robinson, Royce, Sedgwick, Spanlding, Spinner, 
 Stanton, Stevens, Tappan, Theaker, Tompkins, Train, Trim- 
 hie, Wade, Waldron, Walton, Cadwalader C. Washburn, 
 Ellihu B. Washburne, Wells, Wilson, Windom, Woodruff 
 —74. 
 
 The bill was not a'rain reached. 
 
 BILL TO PROVIDE FOR THE COLLECTION OF 
 DUTIES ON IMPORTS. 
 
 January 3d, 1860. Mr. Bingham of Ohio, 
 reported from the Committee on the Judi- 
 ciary a bill providing — 
 
 That whenever by reason of unlawful ob- 
 structions, combinations or assemblages of 
 persons, it shall become impracticable, in 
 the judgment of the President, to execute 
 the revenue laws and collect the duties on 
 imports in the ordinary way in any collec- 
 tion district, it shall be lawful for the Presi- 
 dent to direct that the custom-house for 
 such district be established and kept in any 
 secure place within some port or harbor of 
 such district, either upon land or on board 
 any vessel ; and that, in that case, it shall 
 be the duty of the collector to reside at such 
 place, and there to detain all vessels and 
 cargoes arriving within the district until the 
 duties imposed on the cargoes by law are 
 paid in cash, any thing in the laws of the 
 United States to the contrary notwithstand- 
 ing ; and that, in such cases, it shall be unlaw- 
 ful to take the vessel or cargo from the cus- 
 tody of the proper officer of the customs un- 
 less by process from some court of the 
 United States ; and that, in case of any 
 attempt otherwise to take such vessel or 
 cargo by any force, or combination, or as- 
 semblage of persons, too great to be overcome 
 by the officers of the customs, it shall be 
 lawful for the President of the United States 
 or such person or persons as he shall have 
 empowered for that purpose, to emidoysuch 
 part of the land or naval forces, or militia ot 
 the United States, as may be deemed neces- 
 sary for the purpose of preventing the re- 
 moval of such vessel or cargo, and protect- 
 ing the officers of the customs in retaining 
 the custody thereof. 
 
 March 2d. On amotion to take up the bill, 
 by a suspension of the rules, the yeas were 
 103, the nays 62, as follows : 
 
 Yeas — Messrs. Charles F. Adams, Adrain, Aldrich, Alley, 
 Ashley, Babbitt, Beale, Bingham, Blake, Brayton, Briggs, 
 Buffiuton, Burlingame, Butterfield, Carey, Carter, Coburn, 
 Colfax, Conkling, Conway, Covode, Dawes, Delano, Duell, 
 Dunn, Edgerton, Eliot, lily, Farnsworth, Fenton, Ferry, 
 Foster, Frank, French, Gooch, Graham, Grow, Gurley, Hale, 
 Hall, Haskin, Helmick, Hickman, Hoard, Holman, Humph- 
 rey, Hutchins, Irvine, Junkin, Francis W. Kellogg, William 
 Kellogg, Kenyon, Kilgore, Killinger, De Witt C. Leach, Lee, 
 Longnecker, Loomis, Lovejoy, Marston, McKean, McKnight, 
 McPherson, Millward, Edward Joy Morris, Nixon, Olin, 
 Palmer, Pettit, Porter, Potter, Pottle, Rice, Christopher 
 Robinson, Royce, Sedgwick, Sherman, Somes, Spaulding, 
 Spinner, Stanton, Stevens, William Stewart, Stratton, Tap- 
 pan, Thayer, Theiiker, Tompkins, Train, Trimble, Vandever, 
 Van Wyck, Yerree, Wade, Waldron, Walton, Cadwalader C. 
 Washburn, Ellihu B. Washburne, Wells, Wilson, Wiudom, 
 Wood, Woodruff— 103. 
 
 Nats— Messrs. William C. Anrttrson, Barr, Barrett, 
 Bral>son, Branch, Bristow, Brown, Burch, Burnett, Horace 
 F. Clark, John B. Clark, Clemens, John Cochrane, Corwin, 
 Cox, James Craig, John G. Davis, De Jarnette, Edmundson, 
 Etheridge, Florence, Fouke, Gamett, Gilmer, Hamilton, J. 
 Morrison Harris, Jo/in T. Han-is, Hatton, William If otvard, 
 Hughes, Kunkel, Larrahee, James M. Leach, Leake, Mallory, 
 Charles D. Martin, Elbert S. Martin, Maynard, McKenty, 
 Millson, Laban T. Moore, Nelson, Niblack, Pendleton, Pey- 
 ton, Phelps, Pryor, Quarles, Riggs, James C. Robinson, 
 Simms, William N. H. Smith, James A. Stewart, Stokes, 
 Thomas, Vallandigham, Vance, Webster, Whitcley, Winslow, 
 Woodson, Wright— G2. 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 79 
 
 Two-thirds not having voted in the affirm- 
 ative, the bill was not taken up, nor was it 
 again reached. 
 
 January 30th, 1861. Mr. John Cochrane 
 from the Select Committee on the Presi- 
 dent's message reported a bill for the " Col- 
 lection of Duties on Imports," which was 
 ordered to be printed and re-committed to 
 the committee. It was not again heard from. 
 His views of the subject were expressed as 
 follows : 
 
 "While fully concurring with the President 
 in the opinion that no State possesses, under 
 and by virtue of the Federal Constitution, 
 any right or authority to secede, or with- 
 draw, or separate itself from the Federal 
 Union, I am equally convinced that, not hav- 
 ing been prohibited, the justification of the 
 exercise of such right is referable to the na- 
 ture and extent of those rights reserved to 
 the States or the people thereof. Therefore 
 all the acts and ordinances of secession which 
 have been or may be enacted by any State 
 or States, acting separately, in my opinion, 
 are, in as far as the same may be carried 
 into effect, to be considered as revolutionary 
 infractions of the supreme law of the land, 
 however they may be regarded as the pro- 
 per exercise of an indefeasible right of 
 " resisting acts which are plainly un- 
 constitutional and too oppressive to be 
 endured." 
 
 I also concur with the President that the 
 Federal Constitution has abstained from con- 
 ferring upon the Federal Government, or 
 any department thereof, authority to declare 
 and wage oppressive war against a seceding 
 State, in order to coerce the repeal of any 
 act or ordinance of secession which she may 
 have passed, or the renunciation of any pur- 
 pose of secession which she may entertain, 
 or to compel her to remain nominally, as 
 well as in fact, a member of the Federal 
 Union. On the contrary, the plenary power 
 of offensive war and reprisals, conferred by 
 the Constitution upon Congress, is, in my 
 judgment, designed exclusively to aixthorize 
 and empower such war by the Federal Gov- 
 ernment, in its discretion, against such gov- 
 ermnents and communities as may be right- 
 fully considered foreign to the United States. ! 
 States which profess to have seceded from 
 the Federal Union, by their separate State 
 action, cannot, in my opinion, be rightfully i 
 60 considered ; and, therefore, a just concep- 
 tion of the constitutional authority of Con- 
 gress combines with other and, if possible, 
 higher and more commanding motives to 
 prescribe other measures than aggressive 
 and coercive war to remedy the grave in- 
 conveniences, perils, and evils of such seces- 
 sion. 
 
 It is, on the other hand, entirely manifest 
 that the Federal Government, throughout 
 the whole extent of its constitutional juris- 
 diction, both territorial and maritime, is 
 vested with powers which it cannot surren- 
 der, and charged with trusts and duties 
 
 which it must perform. It holds valuable 
 property in every part of the territory over 
 which its jurisdiction has been, by the solemn 
 mandate of the people of all the States, ex- 
 i tended ; and it holds every article of this 
 ' property as the common trustee of all the 
 I people of all the States for their common 
 j use and benefit ; and to them, and to all of 
 them, it is directly responsible for the safe 
 keeping and protection of such property. 
 By constitutional legislation, supreme in its 
 character and irrepealable except by the 
 authority which created it, the Federal Gov- 
 ernment has established a system of revenue 
 laws which it is bound to maintain, and 
 against all obstructions to the execution of 
 which it is equally bound adequately to pro- 
 vide. No extra constitutional action of any 
 State can possibly release the Federal Gov- 
 ernment in any of its departments from this 
 imperative obligation. 
 
 It is to this aspect of the duty of Congress 
 in the unfortunate and unexampled state of 
 facts presented for its consideration by the 
 President, in his late message, that the at- 
 tention of the committee has been specially 
 directed, and they report herewith a bill 
 designed, as is believed, peaceably and in a 
 spirit of moderation and forbearance fully to 
 I protect the entire revenue system of the 
 : United States from all the imconstitutional 
 I and unlaw! Ul obstructions and disturbances 
 with which, it is now or may be hereafter 
 threatened. 
 
 j In framing this measure there has been 
 I kept steadily in view, first, the obstacles of 
 I every character which oppose any attempt 
 I by the Federal Government to coerce a 
 State ; and, secondly, the principle upon 
 which, as is conceived, the whole coercive 
 action of our revenue system has, from its 
 inception, been founded. 
 
 The just and rightful coercion exercised 
 under the Constitution by the Federal. Gov- 
 ernment in the collection of its revenue from 
 foreign commerce is a coercion, not directed 
 against State authority, nor even against 
 unlawful action by assemblages of persons 
 within any State. That coercion on the 
 contrary, applies itself directly to the bulk 
 and body of the foreign importations upon 
 which the revenue is chargeable, and to the 
 vessels and the agents by which they are 
 brought into our ports, opened to such 
 commerce only under the protection and by 
 the regulation of the Federal law. 
 
 The well-understood and just assumption 
 upon which all this foreign commerce proceeds 
 is, that the Federal Government provides for 
 it ports of entry and delivery in which it 
 may be entered and delivertd, and in which 
 the lawful duties chargeable upon it shall 
 be collected and paid to the Federal Govern- 
 ment, whose laws have, for that very con- 
 sideration, established and protected and 
 regulated such entry and delivery. The 
 failure to observe those regulations is, by 
 our whole code of revenue law, visited Id 
 
80 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 penalties tipon the agents by whom the [ 
 merchandise is transported, the vessels in 
 which it is carried, and finally in the form 
 of seizure and forfeiture upon the merchan- 
 dise itself. All this is a coercion of law 
 upon foreign commerce, and not a coercion 
 of force upon any State to which it may be 
 boimd. No State can rightfully expect that 
 the United States shall permit foreign com- 
 raerce to be carried on in ports and places 
 open to it only under their authority, with- 
 out compliance with the constitutional con- 
 ditions under which those ports or places 
 have been thus opened. It is in this view I 
 that the bill proposes that vessels from a 
 foreign port bound to a port within the 
 scope of its provisions shall, with its foreign 
 cargo, be liable to seizure and conde}.:-na- 
 tion, and in the same view of applying its re- 
 strictions only to foreign commerce on which 
 revenue is by law collected, all vessels law- 
 fully engaged in the coastwise trade are ex- 
 empted from the operation of its purely 
 remedial and defensive provisions. 
 
 REPORTS KELATIVE TO MILITARY AND NAVAL 
 MATTERS. 
 
 January 8th, 1861. The President sent a 
 message relative to the condition of the 
 country, urging upon Congress to devote 
 itself exclusively to the question how the 
 Union can be preserved in peace, and re- 
 commending the establishment of aline and 
 " letting the North have exclusive control 
 of the Territory above it, and giving Southern 
 institutions protection below it." He trans- 
 mits copies of the correspondence between 
 himself and the "commissioners" of South 
 Carolina, pledges himself to preserve the 
 public peace in the District of Columbia, 
 warns his countrymen of the dangers which 
 now surround us, and says that he shall 
 carry to his grave the consciousness that he 
 at least meant well for his country. 
 
 flth. Mr. Howard of Michigan, offered the 
 following resolution : 
 
 Resolved, That the message be referred to 
 a special committee of five members of this 
 House, and that they be instructed to report 
 on the same as early as possible ; and that 
 said committee make immediate inquiry, 
 and report : 
 
 1st. Whether any executive officer of the 
 United States has been or is now treating or 
 holding communication with any person or 
 persons concerning the surrender of any 
 forts, fortresses, or public property of the 
 United States, and whether any demand 
 for such surrender has been made, when 
 and by whom, and what answer has been 
 given. 
 
 2d. Whether any officer of this Govern- 
 ment has at anytime entered into any pledge, 
 agreement, or understanding, with any 
 person or persons, not to send reinforcements 
 to the forts of the United States in the har- 
 bor of Charleston, and the particulars of 
 Buch agreement, pledge, or understanding ; 
 
 when, where, and with whom it was made, 
 and on what consideration. 
 
 3d. What demand for reinforcements of 
 the said forts has been made, and for what 
 reason such reinforcements have not been 
 furnished. 
 
 4th. Where the ships of the United States 
 are now stationed, with what commands, and 
 with what orders. 
 
 5th. Whether the custom-house. post-ofTice, 
 arsenal, and other public builduigs of the 
 United States at Charleston have been seized 
 and are held in possession by any person or 
 persons, and the particulars of such seizure 
 and possession. 
 
 Gth. Whether any revenue cutter of the 
 United States has been seized and is now 
 held in possession by any person or persons, 
 and the i)articulars thereof; and whether 
 any efforts have been made by the head of 
 the Treasury Department to recapture or 
 recover possession of said vessel. 
 
 That the committee have power to send for 
 persons and papers, to take testimony, and 
 report from time to time, as facts material 
 to the national safety and national honor 
 may be disclosed by the evidence. 
 
 Which was adopted — yeas 133, nays 62, 
 as follows : 
 
 Yeas — Messrs. Charles F.Adams, Greeu Adams, Jdrain, 
 Ahhich, Jlkn, Alley, William C. Anderson, Aslilej, Bab- 
 bitt, Bealc, Biunham, Blair, Blake, Brayton, Briggs, Biis- 
 tow, Buffiuton, Burch, Burlingame, Buruham, Butterficld, 
 Campbell, Carey, Carter, Clemens, Coburu, John Cochrane, 
 Ciilfax, Cnvode, Oo.r, Curtis, Jo}in G. ZJums, Dawes, Delan'<, 
 Pnell, Dunn, VM-cvtmi, Kdwards, Eliot, Ely, Etheridge, 
 Vinn^ivMitli. F.Mii.iii, I'.Tiy, Foster, J^OMfce, Frank, French, 
 (iihiiri . (ir ,1,, Ck.w. (Ill I lev, lii\\e,\ln\\, Hamilton, Haskin, 
 Ili'ii.ii.k, iiiikiiian. \V<M>\.']Ioliimn, JFot. ZToward, Win. A. 
 Ilcnvaril, Humphrey, lliitohias, Irvine, Junkin, Francis W. 
 Kellogg, Wni. Kellogg, Kenyon, Kilgore, Larrahee, De Witt 
 C. Leach, Lee, Lngan, Longnecker, Loomis, Lovejoy, MacUty, 
 M:ir.<toii, McClcriianrT, McKeaii, McKnight, McPherson, 
 Millwii', ,1/- ^ , I / '/. ?I.i,.rhead, Morrill, Edward Joy 
 M..iii- 1 , N ' :, Nix II. iW(?, Clin, Palmer, Perry, 
 rer;i'.i .!• ■ !'. I ^'«i;i ):; Reynolds, .John H.Reynolds, 
 
 Kir-. /, . i: i ■■'\]..-r ll-Muson, James C. Rnhinsm, 
 K.iyi I . I '. ' i ' , Sherman, Somes, Spauldiug, 
 
 8j.i:ii> . ,1 > . ' i;i. Stewart, Stokes, Stratton, 
 
 Tiiii- ; . . ; > iiipkins. Train, Trimble, Van- 
 
 devcr, \\; ;. . ^ .i :-■ n. < :-h\ .l.ider C. Washburn, Ellihu B. 
 AVii^lil'iirue, Wuli-tor, Wfllti, Wilson, Windom, Wood, Wood- 
 ruff— 133. 
 
 Nays — Messrs. Tlinmas L. Anderson, Avery, BarJadale, 
 B'rrell, Hn.'„rl; \\.4i-]i'v. ni>n\h^ny, Branch, Brown, Burnett, 
 John B. cl"rJr. ' ' '• ■. ''''', Crawford, De Jarnette, Dim- 
 mick; hdmi!,i< ' '<. Florence, Garnet I, Gartrell, 
 
 Hitrilrman, J / . // " . Hatton, Haivkins, Hill, Hout- 
 Inn, J{ii!)his, J.n,.<, K^ii.ktl, Landrum, James M. Leach, 
 Leah; Lovr, M;»ll..ry, Charles D. Martin, Elbert S. Martin, 
 Maynanl, McKii,ti/,'McKae, .ViH^on, Laban T. Moore, .S']/(fc«r 
 ham iloi.re, yiljlick, Pendleton, Peyton, P/ielps, I'ryor, 
 Quarles, limgan. Rust, Sickles, Simms, Wm. S»n7/i, Wm. N. 
 II. Smith, T.n/lm; r<ilhmdigham,\&nce, Whitdey, ^YinsU>w, 
 Woodson, Wiiyhl — 1;2. 
 
 January 10th. The Committee was an- 
 nounced, consisting of Messrs. Howard of 
 Michigan, DrAxrn of North Carolina. John 
 Cochrane of New York, Dawes of Massa- 
 chusetts, and Hickman of Pennsylvania. Mr. 
 Hickman was subsequently excused from 
 serving, and Mr. John H. Reynolds of New 
 York, was substituted. 
 
 SECRET ORGANIZATION TO ATTACK THE CAP- 
 ITAL. 
 
 February 14th. The committee reported 
 unanimously that "the evidence produced 
 
PROCEEDIXGS OF THE GOVERXMEXT. 
 
 81 
 
 b> k)Te them does not prove the existence 
 o\ 9, seci-et organization, here or elsewhere, 
 hoi iile to the Government, that has for its 
 obji-ct, upon its own responsihiHty, an attack 
 upoii the Capital, or any of the public prop- 
 erty here, or an interruption of any of the 
 functions of the Government." 
 
 The majority of the committee. hoM'ever, 
 state that certain organizations in the District 
 and in Maryland, formerly political clubs have 
 since become military and are drilling, expect- 
 ing armsfrom State authorities or private sub- 
 scriptions; but that, while they sympathize 
 strongly with secession, there is no proof 
 that they intend to attack the Capita! or the 
 District, "unless the surrender should be de- 
 manded by a State to which they profess a 
 higher degree of allegiance." " Some of these 
 companies in Baltimore profess to be drilling 
 for the sole purpose of preventing other mili- 
 tary companies from passing through the 
 State of Maryland." These clubs are, in no 
 proper sense, secret, and hence not such 
 as are contemplated in the resolution of the 
 House. 
 
 Mr. Branch of North Carolina, added a 
 brief minority report, chiefly to the point 
 that Lieutenant-General Scott has seven 
 companies of artillery, and one company of 
 sappers and miners of the regular army 
 ordered to and quartered in the City of Wash- 
 ington, and closing with this resolution, 
 M'hich he offered : 
 
 Resolved, That the quartering of troops of 
 the regular army in this District and aroimd 
 the Capitol, when not necessary for their 
 protection from a hostile enemy and during 
 the session of Congress, is impolitic and 
 offensive, and, if permitted, may be destruc- 
 tive of civil liberty ; and, in the opinion of 
 this House, the regular troops now in this 
 city ought to be forthwith removed there- 
 from. 
 
 On motion of Mr. John Cochrane, this 
 resolution was laid on the table — yeas 125, 
 nays 35, as follows : 
 
 Yeas — Messrs. Charles F. Adams, Green Adanifi, Aldrich, 
 Allen, Alley, William C. Anderson, Ashley, Babbitt, lioale, 
 Rinsham. JJlair, Blake, Brayton, Briggs, Bristow, Biiffinton, 
 Burliagame, Butterfield, Campbell. Carter, Case, ITnracf. P. 
 Clark, Coburn, Jnhn Cochrane, Colfax, Conkling, Conway, 
 Covode, Cox..Cnni3, H. Winter Davla, JnJin G. Davis, 
 Dawes, Duell, Dunn, Edgerton, Eliot, Ely, Etheridge, Farns- 
 worth, Fenton, Ferry, Foster, Finike, Frank, French. Oilmer, 
 Gooch, Graham, Grow, Hale, Hall, IIaskin,U^non, nelmick, 
 Hoard, H"oi(n<i7?, W.A.Howard, Humphrey, Hutchins, Irvine, 
 Jtinkin.F. W. Kellogg, W. Kellogg, Kenyon, Kilgore. Lm-ra- 
 he/; De Witt C. Leach, Lee, Logan, Longnecker, Loomis, 
 Lovejoy, Mallory, Marston. McOlemand. McKean. AfcKeiil)/, 
 M'^Knight. McPherson, Millsnn, Laban T. Moore. IMoorhead, 
 Morrill. Edward .Toy Morris, Isaac K. Morris, Morse, Nel- 
 Bon. Nihiack, Nixon, Palmer, Perry, Porter, Potter, Pottle, 
 Edwin R. Reynolds, Rice, Christopher Robinson, Jamps C 
 Rohitison, Royce, Scranton, Sedzwick, Sherman, SickUs, 
 Spaulding, Spinner. Stevens. AVilliam Stewart, Stokes, 
 Strattnn, Tappan, Theaker, Tompkins, Train, Vandever, 
 Van Wvck, W'ade. Waldron, Walton, Cadwalader C. Wash- 
 burn, Kllihu B. Washburne, Webster, Wells, Wilson, Wood- 
 ruff— 125. 
 
 Nats — Messrs. Avery, Barr, Barrett, Borork, Botelcr, 
 Bouligny, Brabson, Branch, Burch, Burnett, Jnhn B. Clark, 
 Burton Craifje, De Jamdte, English, Flornirr, Gnrnelf, 
 .Tohn T. TTarris, Hindman, ffufjhes, Ktinki'l, Michiy. Elhert 
 K Mirtin, Maynard, Peyton, Phelps, Pryor, Quarles, Bust, 
 Scntt, William" N. H. Smith, Stevenson, Thomas, Whitdey, 
 Winslow. Wi-ight—Zo. 
 
 SECRKTARY HOLT S REPORT. 
 
 On this stibject, the Secretary of "War, 
 under date of February 18th, 1861, made re- 
 port upon a resolution of inquiry passed 
 Ijy tiie House of Representatives : 
 
 This resolution having been submitted to this De- 
 partment for consider.aiion and report, I have the 
 lionor to state, th.it the body of troops temporarily 
 transferred to this city is not large, as is assumed by 
 the resolution, though it is a well-appointed corps 
 and admirably adapted for the preservation of the 
 public peace. The reasons which led to their being 
 assembled here will now be briefly stated. 
 
 I shall make no comment upon the origin of the 
 revolution which for the last three months has been 
 in progress in several of the Southern States, nor 
 shall I enumerate the causes which have hastened 
 its advancement or exasi)erated its temper. The 
 scope of the question submitted by the House will be 
 sufficiently met by dealing wifh"the facts as they 
 exist, irresi)ective of the cause from which they 
 have proceeded. That revolution has been distin- 
 guished by a boldness, and completeness of success, 
 rarely equalled in the history of civil commotions. 
 Its overthrow of the Federal "authority has not only 
 been sudden and wide-spread but has been marked 
 bv excesses which have alarmed all, and been sources 
 of profound humiliation to a large portion of the 
 American people. Its history is a history of sur- 
 prises and treacheries, and ruthless spoliations. The 
 forts of the United States have been captured and 
 garrisoned, and hostile flags unfurled upon their 
 ramparts. Its arsenals have been seized, and the vast 
 amount of public arms they contained appropriated 
 to the use of the captors : while more than half a 
 million dollars, found in tlie mint at New Orleans, 
 has been unscrupulouslv applied to replenish the 
 coffers of Louisiana. Officers in command of rev- 
 enue cutters of the United States have been prevailed 
 on to violate their trusts and surrender the property 
 in their charge ; and inste.ad of being branded for 
 their crimes, they and the vessels they betrayed have 
 been cordially received into the service of the seceded 
 States. These movements were attend'^d by yet more 
 discouraging indications of immorality. It was gen- 
 erally believed that this revolution was guided and 
 urged on by men oecupving the highest positions in 
 the public service, and who. with the responsibilities 
 of an oath to support the Constitution still resting 
 upon their consciences, did not hesitate secretly to 
 plan and openly to labor for the dismemberment of 
 the Republic whose honors they enjoyed, and upon 
 whose treasury they were living. As examples of 
 evil are always more potent than those of good, this 
 spectacle of demoralization on the part of States 
 .snd statesmen could not fail to produce the most 
 deplorable consequences. The discontented and the 
 disloyal everywhere took courage. In other States, 
 adjacent to and supposed to sympathize in sense of 
 political wrong witli those referred to, revolutionary 
 schemes were set on foot, and forts and arms of the 
 United States seized. The unchecked prevalence of 
 the revolution, and the Intoxication which its tri- 
 umphs inspired, naturally siiggested wilder and yet 
 more desperate enterprises than the conquest of un- 
 garrisoned forts or the plunder of an unguarded mint. 
 At what time the armed occupation of Washington 
 city became a part of the revolutionary programme, 
 is not certainly known. More than six weeks ago 
 the impression had alreadyextensively obtained that 
 a conspiracy for the accomplishment of this guilty 
 purpose was in process of formation, if not fully ma- 
 tured. The earnest endeavors made by men known 
 to be devoted to the revolution to hurry Virginia 
 and Maryland out of tlie Union, were regarded as 
 preparatory steps for the subjugation of Washington. 
 This plan was in entire harmony with the aim and 
 spirit of those seeking the subversion of the Govern- 
 ment, since no more fatal blow at its existence could 
 be struck than the permanent and hostile possession 
 of the seat of its power. It was in harmony too with 
 the avowed designs of the revolutionists, which 
 looked to the formation of a confederacy of all the 
 slave States, and necessarily to the conq'uost of the 
 capital within their limits. It seemed not very in- 
 distinctly prefigured in a ]iroclamation made upon 
 the floor of the Senate, without qualification, if not 
 exultinglv, that the l^nion was already dissolved— a 
 proclamation which, however intended. was certainly 
 calculated to invite, on the part of men of des))erate 
 fortunes, or of revolutionary States, a raid upon the 
 capital. In view of the violence and turbulent di80i> 
 
82 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 ders already exhibited in the South, the public mind 
 could not reject such a scheme as at all improbable. 
 That a belief in its existence was entertained by 
 multitudes, there can be no doubt, and this belief I 
 fully shared. My conviction rested not only on the 
 facts alreidy alluded to, but upon information, some 
 of whif'h was of a most conclusive character, that 
 reached the Government from many parts of the 
 country, not merely expressing the prevalence of the 
 opinion that such an organization had been formed, 
 but also often furnishing the plausible grounds on 
 which the opinion was based. Superadded to these 
 l)roofs were the oft-repeated declarations of men in 
 high political positions here, and Avho were known 
 to have intimate affiliations with the revolution, if 
 indeed thev did not hold its reins in their hands — to 
 theefl'ect that Mr. Lincoln would not, or should not, 
 be inaugurated at Washington. Such declarations 
 from such men could not be treated as empty bluster. 
 They were the solemn utterances of those who well 
 understood the import of their words, and who, in 
 the exultation of the temporary victories gained over 
 their country's flag in the South, felt assured that 
 events would soon give them the power to verify 
 their predictions. Simultaneously with these pro- 
 phetic warnings, a Southern journal of large circula- 
 tion and influence, and which is published near the 
 city of Washington, advocated its seizure as a pos- 
 sible i)olitical necessity. 
 
 The nature and power of the testimony thus accu- 
 mulated maybe best estimated by the effect produced 
 ui)on the popular mind. Apprehensions for the safety 
 of the capital were communicated from points near 
 and remote, by men unquestionably reliable and 
 loyal. The resident population became disquieted, 
 and the repose of many families in the city was 
 known to be disturbed by painful anxieties. Mem- 
 bers of Congress too, men of calm and comprehensive 
 views and of undoubted fidelity to their country, 
 frankly expressed their solicitude to the President 
 and to" this Department, and formally insisted that 
 the defences of the capital should be strengthened. 
 With such warnings, it could not be forgotten that, 
 had the late Secretary of War heeded the anonymous 
 letter which he received, the tragedy at Harper's 
 Ferry would have been avoided ; nor could I fail to 
 remember that, had the early admonitions which 
 reached here in regard to the designs of lawless men 
 upon the forts of Chajleston harbor been acted on by 
 sending forward adequate reinforcements before the 
 revolution began, the disastrous political complica- 
 tions that ensued might not have occurred. 
 
 Impressed by these circumstances and considera- 
 tions, I earnestly besought you to allow the concen- 
 tration at this city of a sufficient militarv force to 
 preserve the public peace from all the dangers that 
 seemed to threaten it. An open manifestation on the 
 part of the Administration of a determination, as 
 well as of the ability, to maintain the laws, would, 
 I was convinced, prove the surest, as also the most 
 pacific means of baffling and dissolving any con- 
 ppiracy that might have been organized. It was be- 
 lieved, too, that the highest and most solemn re- 
 sponsibility resting upon a President, withdrawing 
 from the Government, was to secure to his successor 
 a peaceful inauguration. So dee])ly in my judgment 
 did this duty concern the whole country, and the fair 
 fame of our 'institutions, that to guarantee its faithful 
 discharge I was persuaded no preparation could be 
 too determined or too complete. The presence of 
 the troo))s alluded to in the resolution is the result 
 of the conclusion arrived at by yourself and Cabinet, 
 on the proposition submitted to you by this Depart- 
 ment. Already this display of life and loyalty on 
 the part of your Administration has produced the 
 hapinest effects. Public confidence has been restored, 
 and the feverish apprehension which it was so mor- 
 tifying to contemi)late has been banished. Whatever 
 may have been the machinations of deluded, lawless 
 men, the execution of their purpose has been sus- 
 pended, if not altogether abandoned, in view of 
 l)reparations which announce, more impressively 
 than words, that this Administration is alike able 
 and resolved to transfer in peace, to the President 
 elect, the authority that under the Constitution be- 
 longs to him. To those, if such there be, who desire 
 the destruction of the Republic, the presence of 
 these troops is necessarily offensive ; but those who 
 sincerely love our institutions cannot full to rejoice 
 that by this timely precaution they have possibly 
 escaped the deep dishonor which they must have 
 Buffered had the capital, like the forts and arsenals 
 of the South, fallen into the hands of the revolution- 
 ists, who have found this great Government weak 
 only because in the exhaustless beneficence of its 
 
 spirit it has refused to strike, even In its own de- 
 fence, lest it should wound the aggressor. 
 
 I have the honor to be, very respectfully, your 
 obedient servant, J. Holt, 
 
 Tlie President. Secretary of War. 
 
 ON THE DISPOSITION OF UNITED STATES 
 
 VESSELS. 
 
 February 21st. Mr. Dawes from the com- 
 mittee made a report upon the fourth item 
 of irivestig-ation, furnishing these statements : 
 
 Itismantled ships 28, mounting 874 guns; 
 none could be repaired under several weeks, 
 and many would require six months. No 
 orders have been issued to put any of thfm 
 iu readiness. 
 
 The vessels in the East India, Brazil, 
 Pacific, Mediterranean, African, and Home 
 Squadrons are named, with tliose on special 
 service, and on the way to stations, and the 
 committee then say : 
 
 That the entire naval force available for the de- 
 fence of the whole Atlantic coast, at the time of the 
 appointment of this committee, consisted of the 
 steamer Brooklyn, twenty-five guns, and the store- 
 ship Relief, two guns ; while the former was of too 
 great draught to permit her to enter Charleston har- 
 \)0V with safety, except at spring tides, and the latter 
 was under orders to the coast of Africa with stores 
 for the African squadron. Thus the whole Atlantic 
 seaboard has been to all intents and purposes with- 
 out defence during all the period of civil commotion 
 and lawless violence, to which the President has 
 called our attention as "of such vast and alarming 
 proportions" as to be beyond his power to cheek or 
 control. 
 
 It further appears that of the vessels which might 
 have been available for protection or defence in case 
 of any sudden emergency arising at home, now at 
 stations in distant seas, or on the way thither, on the 
 13th of October last the Richmond left our coast to 
 join the Mediterranean squadron ; the Vandalia left 
 on the 21st of December to join the East India squad- 
 ron ; and about the same time the Saratoga to join 
 the African squadron, and others to join the Home 
 squadron, then in the harbor of Vera Cruzsup))orting 
 one of the revolutionary governments of Mexico. 
 
 To the Committee, this disposition of the naval 
 force at this critical time seems most extraordinary. 
 The permitting of vessels to depart for distant seas 
 after these unliappy difficulties had broken out at 
 home ; the omission to put in repair, and commission 
 ready for orders, a single one of the twenty-eight 
 ships dismantled and unfit for service in our own 
 ports, and that too while $646,639.79 of the appropri- 
 ations for repairs in the Navy the present year re- 
 mained unexpended, were in the opinion of the com- 
 mittee grave errors in the administration of the Navy 
 Department— the consequences of which have been 
 manifest in the many acts of lawless violence to 
 which they have called attention. The Committee 
 are of opinion that the Secretary had it in his power, 
 with the present naval force of the country at his 
 command, and without materially impairing the 
 efficiency of the service abroad, at any time after the 
 settled purpose of overthrowing the government had 
 become manifest, and before that purpose had de- 
 veloped itself in overt acts of violence, to station at 
 anchor, within reach of his own orders, a force equal 
 to the protection of all the property and all the rights 
 of the government and the citizen, as well as the flag 
 of the country, from any outrage or insult, at any 
 point on the entire Atlantic seaboard. The failure 
 to do this is without justification or excuse. 
 
 The committee proceed respecting the 
 acceptance of resignations in the navy : 
 
 The attention of the Committee was also drawn to 
 the resignations which have taken place among the 
 officers in the Navy, caused by the iiolitical troubles 
 in which the countVy is now involved, and the course 
 pursued by the Navy department in reference thereto. 
 It will appear from a " List of resignations" fur- 
 nished by the Department, and which accompanies 
 I this report, that since the election "twenty-nine 
 I officers in the Navy, citizens of the southern dis- 
 
PROCEEDINGS OF^THE GOVERNMENT. 
 
 83 
 
 affected States, have tendered their resignations to 
 the Secretary, all of which have been forthwith and 
 without inquiry accepted by him. The circumstances 
 under which these resignations have been received 
 and accepted, and the etTefct of that acceptance, de- 
 Berves especial notice. That these otficers have 
 sought to resign and relieve themselves from the ob- 
 ligation to the government imposed by their commis- 
 sions, because of disatfection, and a desire to join, 
 and in many instances to l^ad insurgent forces against 
 that government, is notorious. One of them, Lieut. 
 J. R. Hamilton, a citizen of South Carolina, forwarded 
 his resignation from on board the Wyoming, at Pan- 
 ama, dated December 1st, 1860. It did not reach the 
 Department until the 15th of the same month, and 
 without inquiry into his conduct, his puriiose in re- 
 signing, his loyalty, or any circumstances connected 
 with so unusual a proceeding at such a time, his 
 resignation was accepted the same day. He imme- 
 diately, from Charleston, Sputh Carolina, issued a 
 letter addressed to all the ofBcers in the Navy from 
 Southern States, urging them to resign and join a 
 hostile force against the government, and that those 
 of them in command should bring with them their 
 ressels into So-uthern ports and surrender them to 
 the traitors already in arms, taking new commissions 
 under their authority, and then turning their guns 
 upon their own flag. 
 
 Such conduct is nothing less than treason, and has 
 no parallel since the attempt of Benedict Arnold to 
 deliver over important military posts to the enemies 
 of his country. Had the Secretary declined to accept 
 the resignation thus tendered, this man would have 
 been subject to the trial and punishment of a court- 
 martial, according to the rules which govern the 
 service, and would have met the fate of a traitor. 
 This extraordinary letter was i)ublished throughout 
 the United States. After its circulation in the public 
 prints in Washington, V. M. Randoljjh, a captain in 
 the Navy, a citizen of Alabama, who had been ex- 
 cused from active service for two or three years, be- 
 cause of alleged ill-health, on the 10th of January, 
 1861, forwarded from Montgomery, Alabama, his 
 resignation to the Secretary. Before twelve o'clock 
 at noon of the 12th, and before his resignation had 
 reached Washington, and while he was still a cap- 
 tain in the Navy, he appeared at the gates of the 
 Pensacola navy-yard, in Florida, at the head of an 
 insurgent force, and demanded its surrender. The 
 yard, with whatever of force it had and the United 
 States stores and other property to a vast amount 
 therein, was unconditionally surrendered to him ; 
 and he is now its commandant, occupying the quar- 
 ters of its late commandant, and granting paroles of 
 honor to such of his prisoners of war as have desired 
 to depart, and not serve under him. The despatch 
 from the late commandant, then a prisoner of war, 
 informing the Secretary of this ignominious surren- 
 der, was received at the Department on the evening 
 of the 13th of January ; and the resignation of Cap- 
 tain Randolph, who, on the 12th, was the leader of the 
 insurgents, did not reach the Secretary till the 14th, 
 when, without inquiry or delay, it was immediately 
 accepted. 
 
 E. Farrand, commander in the Navy, and also a 
 citizen of Alabama, was the second in command at 
 the Pensacola navy-yard, the executive officer of the 
 yard. When the attack was made ujjon the yard, 
 Farrand met the assailants at the gates by previous 
 understanding, admitted them to the yard, and con- 
 ducted their leader to the commanding officer, parti- 
 cipated in the formal capitulation, and immediately 
 engaged in service under the new commandant of the 
 yard. This was done while he still held in his pos- 
 session his commission as a commander in the Navy. 
 On the 13th or 15th of January, (the Department does 
 not know which,) Farrand forwarded his resignation 
 to the Secretary.but it did not reach him till the 21st 
 of the same month, seven days after official notice of 
 the surrender had been received at the Department. 
 Yet this resignation was immediately, and without 
 inquiry, accepted. 
 
 F. B. Renshaw, a lieutenant in the Navy, and a 
 citizen of Florida, was the first lieutenant of the 
 yard, and actively engaged in securing its surrender. 
 It was by his opder that the flag was hauled down 
 amid the jeers and shouts of a drunken rabble. He 
 immediately enrolled himself under the leader of the 
 insurgents, and present commandant of the yard, and 
 from the day of its surrender has continued under 
 him to discharge the duties of first lieutenant, as be- 
 fore under the United States. Yet he continued to 
 hold his commission as a lieutenant in the Navy till 
 the 16th of January, and the resignation did not reach 
 
 the Secretary until the 22d, when, like the others, it 
 was, without incpiiry or delay, accepted. 
 
 The conduct f)f these officers plainly comes within 
 the constitution.il definition of treason against the 
 United States, namely : " Levying war against them, 
 or in adhering to their enemies, giving them aid and 
 comfort.' And so long as their resign.ations were 
 unaccejited by the Secretary, they could be tried and 
 punished by a court-martial as traitors. From this 
 they have been relieved by the Secretary himself. To 
 have done this with a knowledge of their acts, would 
 have been to have involved himself in their crime; 
 would have been to have committed treason himself. 
 To have done it without inquiry, and without reason 
 to know that they have committed no offence, shows 
 a want of that solicitude for the honor and etfieiency 
 of the service which is indispensable to its just ad- 
 ministration. Yet the resignation of Farrand and 
 Renshaw, and also those of the other oflScers resign- 
 ing at the Pensacola navy-yard, were all received 
 and accepted after the Secretary had already been offi- 
 cially informed that they had surrendered to a law- 
 less band of insurgents, and he had detached them to 
 await orders, having "neither approved nor disap- 
 proved of their conduct, and not proposing to do so, 
 without full information touching their conduct in 
 the surrender of the yard." Why. after having been 
 thus warned, and having taken his position, the Secre- 
 tary did not wait for this "information," the com- 
 mittee cannot understand. 
 
 Several other resignations of oflScers who do not 
 appear to have engaged in actual war against the 
 United States before tendering the same, were never- 
 theless accepted by the Secretary, with an unneces- 
 sary haste which neither the purpose of the resigna- 
 tion nor the times would justify or excuse. Sotne of 
 them were even accepted by telegraph, when it was 
 perfectly apparent that the object in resigning was to 
 relieve themselves, as early as possible, from embar- 
 rassment and the obligation of the oath of office, as 
 well as summary trial and punishment by a court- 
 martial, previous to joining insurgent forces against 
 the constituted authorities of their country. These 
 resignitions, thus accepted, have been followed by 
 immediate engagement in a service hostile to the 
 Government. 
 
 One man, holding the ofllce of civil engineer in the 
 Pensacola navy-yard at the time of its surrender, 
 forwarded his resignation on that day to the Secre- 
 tary, inclosed in a letter to Senator Mallory, in which 
 he expressly states the reason of his resignation to 
 be because he is prevented from acting against the 
 Government by the obligations of his commission. 
 The letter of resignation, and the one inclosing it 
 stating this reason, were both laid before the Secre- 
 tary on the 24th of January ; yet the Secretary not 
 only accepted the resignation at once, and thus re- 
 lieved him from the obligation imposed on him by his 
 commission not to act against the Government, but 
 caused the acceptance to take eflTect "from the 12th 
 of January, the day of the surrender of the yard," 
 twelve days anterior to the time of its date. The reason 
 given for thus making this acceptance retroactive in 
 its effect, namely, to stop his pay from that time, did 
 not appear, under any extraordinary circumstances by 
 which^it was surrounded, at all satisfactory to the 
 comtui'ttee. 
 
 The resignation of the officer in charge of the ma- 
 rine hospital at Pensacola was .iceepted by telegraph, 
 and he was thereby enabled to take upon himself 
 the same position under the insurgent force without 
 a-ny interruption. And that of Lieutenant R. T. 
 Chapman, dated on board the Brooklyn, when about 
 to sail under orders, was likewise accepted by tele- 
 graph, and he was thus relieved of any inconvenience 
 he would otherwise have experienced in being car- 
 ried to sea against his wishes. 
 
 The course pursued by the Secretary, in thus accept- 
 ing these resignations, appears, under the circum- 
 stances, to be most extraordinary. No custom of the 
 Department, in ordinary times, could justify it. No 
 want of confidence in the loyalty of these officers can 
 excuse it; for, if their previous "condtict had justified 
 any such susjiicion, it also demanded investigation 
 beforehand, which would, as to some of them, have 
 disclosed to the Secretary their complicity in trea- 
 son, calling for court-martial rather than honorable 
 discharge. A prudent regard for the public safety 
 would no doubt have jtistilied, if not imperiously de- 
 manded, that some of these ofllcers should have been 
 early removed from delicate and responsible i)Osi- 
 tions of trust, by the substitution of others more re- 
 liable. But these very considerations appear to the 
 committee to have forbidden the furnishing of any 
 
84 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 encb facilitieR for engaging in hostilities against the 
 Goverument, as the relief from the summary trial and 
 punishment of a court-martial, secured by an acceptance 
 of their resignations. 
 
 The course pursued by the Secretary baa resulted in 
 furnishing those engajied in an attempt to overthrow the 
 Government, with the skill, experience, and discipline 
 which education at the expense of the Government, and a 
 lone; service in the Navy have conferred upon our own 
 officers. The committee cannot understand how this 
 course is consistent with a proper discharge of the duties 
 of his office by the Secretary, in this critical juncture of 
 affairs. It appears to them to have been attended with 
 consequences the most serious to the service and tlie conn- 
 try. Tliey can find no excuse or justification in the claim 
 get up in behalf of the Secretary, that these resignations 
 have beeu accepted in ignorance of any misconduct, for 
 no resignation should at anytime be accepted until there 
 is reasiin to know at least that the officer tendering it had 
 been guilty of no unofficerlike conduct deserving a court- 
 martial. 
 
 But the circumstances connected with these resigna- 
 tions, the apparent purpose for wliich they were made, and 
 the hostile attitude which tlie manner of their tender 
 clearly disclo.sed, called upon the Secretary to refrain 
 from that haste in their acceptance which permitted of 
 neither delay uor inquiry. The committee cannot approve, 
 but are compelled to condemn such a failure in the dis- 
 charge of public duty, and they therefore recommend the 
 adoption of the following resolution : 
 
 Resolved, That the Secretary of the Navy, in accepting 
 without delay or inquiry, the resignations of officers of 
 the Navy, who were in arms against the Government 
 when tendering the same, and of those who sought to re- 
 sign, that they might be relieved from the restraint im- 
 posed by their commissions upon engaging in hostilities 
 to the constituted authorities of the nation, has com- 
 mitted a grave error, highly prejudicial to the discipline 
 of the service, and injurious to the honor and efficiency 
 of the Navy, for which he deserves the censure of this 
 House. 
 
 Mr. Branch made a minority report, as 
 follows : 
 
 An examination of the table accompanying the report, 
 marked " List of the vessels of the United States Navy in 
 commission on the 16th of January, 1861," will disclose the 
 fact that, 80 far from there being any ground to believe that 
 the ships of the Navy have been purposely placed out of 
 reach, the foreign squadrons are unusually weak, in pro- 
 portion to the whole force of the Navy, and the home 
 squadron unprecedentedly strong. In his annual report of 
 3d December, 1857, the Secretary of the Navy said: 
 
 " The home squadron, under the command of its flag- 
 oflRcer, Hiram Paulding, has consisted of the steam-frigates 
 Wabash and Roanoke, the sloops-of-war Saratoga and Cy- 
 ane, and the war steamers Susquehanna and Fulton. The 
 unsatisfactory state of affairs in New Grenada and portions 
 of Central America required the increase of this squadron, 
 and the almost constant presence of a considerable force in 
 the neighborhood, both in the Atlantic and the Pacific." 
 
 From which it will be seen tliat, at that time, six ships 
 were considered so large a force for the home squadron as 
 to call for an explanation from Congress. 
 
 The same squadron, on the 16th of January, 1861, con- 
 sisted of eleven ships, of which seven were steamers; of the 
 eleven, eight were on the const, or under orders for the 
 coast, and have since arrived. It is difficult to perceive 
 from what portion of the testimony the committee have 
 reached the conclusion that the only ships available for the 
 defence of the coast are the Brooklyn and one other. It is 
 true, they were on the 16th of January the only vessels in 
 our harbors ; but the House need not be informed that ves- 
 sels in commission are not allowed to lie idle in the harbors, 
 but are required to cruise on their stations, coming in 
 occasionally for supplies and for orders. The home squad- 
 ron, as its name imports. Is inainly intended to guard and 
 protect our own coasts, and on comparatively short notice 
 it could be concentrated for service at a given point. 
 
 It will be seen from the abstract of orders issued from 
 the Navy Department, furnished to the committee, and 
 dated 24th January, that not a single ship has been ordered 
 to any foreign station since the date of the Presidential 
 election ; every order since that date has been to increase 
 the force at home. 
 
 The second ground on which the committee condemn the 
 action of the Secretary is, that a large number of ships are 
 dismantled and not ready for immediate service. 
 
 It is well known that, from the very nature of the ser- 
 vice, only a portion of even the serviceable ships can be 
 kept in commission. In the midst of a foreign war with a 
 naval power, some of the vessels of the Navy will always 
 be in ordinary. There is nothing in the testimony to show 
 that the number in ordinary at the present time is unusu- 
 
 ally large. If, however, it is unusually large, both th« 
 testimony and the records of the House furnish a sufBcient 
 reason for it. It is stated in the following extract from the 
 paper already alluded to, dated 24th January : 
 
 " 2. All the vessels above named, except the Pawnee and 
 the Constitution, are dismantled. Vessels of war are nearly 
 always dismantled immediately after their arrival in port, 
 at the termination of a cruise. It is also customary to 
 commence repairing them as soon as possible after their 
 return, if the appropriations and other work will permit. 
 The appropriations were reduced $1,000,000 below the esti- 
 mates of the Department ; and of the whole sum apprtv 
 priated ($1,523,000) for repairs, etc., for the fiscal year end- 
 ing June 30, 1861, there remained on the 1st January, tlie 
 close of the first half of the fiscal year, the sum of §646,639.79 
 for the remaining half." 
 
 The Secretary stated to the Committee that he deemed it 
 his duty to conform to the action of Congress, and that in 
 addition, having already expended more than half the ap- 
 propriation in half the year, he did not think it just to his 
 successor that he should continue expenditures until 4th 
 March on the same scale, much less to increase them. 
 
 A large majority of the members of this House voted at 
 the last session to reduce the appropriation; and of course 
 those who thus voted will not unite with the committee in 
 censuring the Secretary for the inevitable consequence of 
 their own act. 
 
 Another equally satisfactory reason for not placing moro 
 ships in commission, is found in the letter of 24th January, 
 as follows: 
 
 " The other vessels mentioned in the list have not been 
 put in condition for immediate service within the lust 
 month, because the number of vessels in commissinn is 
 governed by the numerical strength of the officers and sea- 
 men of the Navy." 
 
 And again, in a communication from the Navy Depart- 
 ment dated February 4th, 1861 : 
 
 " In reply to the second inquiry, there are enough cap- 
 tains, commanders, surgeons, chaplains. In the other gradua 
 there are not, nor is there a Buffit^^nt number of seamen." 
 
 It will be remembered that the number of both officers 
 and seamen to be employed is limiled by law, and the Sec- 
 retary of the Navy cannot exceed that limit. 
 
 The Secretary deserves no censure ; but should receive 
 the highest commendation for inflexibly obeying the law in 
 the administration of his Department. Every attempt it 
 retrenchment and economy is defeated because heads (f 
 Departments will not themselves conform to the law and 
 compel their subordinates to do the same. The firility with 
 which Congress sujiplies deficiencies created by disregarding 
 the law, has encouraged such practices: ami it would be 
 mournful indeed, if in the first well-authenticated case in 
 which ahead of Department has faithfully and sternly con- 
 formed his expenditures to so radical a reduction of his 
 estimates, the officer should receive a vote of censure in- 
 stead of a vote of thanks. 
 
 The Navy seems to have been adequate for all the de- 
 mands made upon it by the wise and peace-preservii\g 
 policy of the President. If the President who goes into 
 office on the 4th March desires to engage in civil war, he 
 will have an ample naval force with which to begin, even 
 so early as the 5th of March; and there will probably be 
 abundant time for increasing it before the war closes. 
 
 n. RESIGNATION OF OFFICERS. 
 
 A list of all the officers of the Navy who have resigned, 
 between the 11th of November and the 24th January, was 
 furnished to the Committee, and the chief clerk of the 
 Navy Dep.trtment was fully examined as to the circum- 
 stances attending each resignation. The whole number was 
 fifty-six, including eleven from the Naval Academy. 
 
 It is known that in many, if not most of these cases, the 
 officers, in resigning, have" not only given up an honorable 
 profession fir which alone they were fitted by education and 
 tiabits, but have reduced themselves and families to penury. 
 Some powerful motive must have actuated them. If it was 
 selfish, let any one point out a possible advantage they 
 could promise themselves personally. It could not be that 
 they aimed to recommend themselves to the favor and 
 patronage of the southern confederacy, for that government 
 does not possess a ship, and cannot, for a long time, provide 
 itself with a navy. When it has done so, it cannot be ex- 
 pected that the officers will be in any better situation with 
 reference to their personal interests tnan they would have 
 been if they had remained in the Navy of tha United 
 States. 
 
 It is evident that in resigning they have been actuated 
 by a high sense of duty to the States of which they were 
 respectivel.v citizens; and that, in the time and manner of 
 tendering their resignations, they have consulted a nice 
 sense of honor. 7n a few instances they have engaged in 
 the military service of their States ; but not until they had 
 resigned their commissions in the Navy of theUnited States. 
 In no instance does it appear that one of them has be- 
 trayed the trust reposed in him bv this goverument, oJ 
 
PEOCEEDINGS OF THE GOVERNMENT. 
 
 "i^'V n°.u°^ Jiostilfl service until be had discharged liim- 
 Blf of all the re^-ponsibilities iznposed by his conuiiissian. 
 The testimony taken before the coniniitteo, partial and lim- 
 ited as It 13 on this point, is confidently appealed to for the 
 correctness of this statement. •'*'»' 
 
 f„i^»^^-t""''f 1?°\^ ""•'"i'? ^"''"y P'""^"® ""'' subject, grate- 
 ful as It is to him to vindicate, against the very harsh a-^per- 
 Bions cast upon them by the committee, the characters of 
 the honorable body of men who have so Ion? and so gal- 
 lantly borne the flag of the Republic. But it is f, reign to 
 the inquiry the committee were instructed to maker and 
 vrill for that reason be dismissed, except in so far as it is the 
 ba^is of the resolution reported. The censure of the Sec- 
 retary seems to be based principally, if not entirely, on his 
 acceptance of the resignations of Captain Randolph and the 
 twoheutenantsonduty at the Pensacola navy-j^^ird at he 
 tame of its surrender. 
 
 Captain Randolph's resignation was dated at Montgomery 
 Alabama on the 10th of January, was received at th? Del 
 partment on the Uth, and accepted on the 14th The Pen- 
 sacola navy-yard ^yas surrendered on the 12th, and Captain 
 itcl wh^W ''^'''*'^-y ^"°J *\« *'"°^""= telegraphic des! 
 fhTl3-th,t;'ei:rt o-cToctp'^^.f ^ '""'^''^ °'^''' ^'^^^ °" 
 Hon. Isaac Toucey, Secretary oftheJVavy : 
 
 Commissioners appointed by" the Governor of Florida with 
 renir'f th^ ^'""^^ ""''? t''^" S^'^' demanded the Tui- 
 «fnnof ?h^" "avy-yard having previously taken posses- 
 mv fll'^a. h ,¥f n '"f- ^ ^.^r^^'e^ed the place and struck 
 my nag at half-past one o'clock th s day. The store-shin 
 Supply sailed for Vera Cruz the moment'^the yard flat w^ 
 loweied „ „ „ , ^ James Armstrong, 
 
 taptam U. S. iNauy, late Commandant Navy yard. 
 The testimony shows that this was the only informatirn 
 received by the Department previous to the 24th 
 at the tim^^^L^"-'" p^" ftftfi'ient of facts and dates, that 
 and f,r TlSfl t Randolph's resignation was accepted, 
 and for at least ten days thereafter, the Department was 
 totally ignoi-ant of his participation in the Pen..acoIa exp^ 
 Hrv hn/^''" i-^^ "^^^^ '^^ '''"""'y t° ^fe-- that the Sec'r^ 
 tary had seen his name connected with the expedition in 
 h.t^frr.P"" ^'-^rli^r than the 24th, we cannot uppose 
 that It had been seen before the 14tb, the day on which the 
 .resignation was accepted, f,r it would be impo sibfe fo? 
 tHal^V^LlZT^';- '"P"';*? *° '•«^<^'^ this city from Pen- 
 fir«? ti V 7^ ^ *""**• I''e"tenant Farrand, who was 
 first lieutenant and executive officer of the navy-vard re- 
 Bigned on the 13th January, and bis resignati'm was a^ 
 ?fi?h1 7 ■}"' ^^''- I'''^"t<'°-nt Renshaw re^'ed on the" 
 16th, and it was accepted on the 22d 
 
 The testimony discloses nothing on which the Secretary 
 could have refused to accept these resignations if aU t h^ 
 test mony taken before the committee had been in his n,« 
 
 Twnrhe l^' "fvf ^^r*'"^- ^'^t "y "-^ comparison of daS 
 It will be seen that they were received, and in due course 
 of business acted on before he had an^ intelli4"ce fn'm 
 Pensacola except the telegraphic despatch already set fu'tlT 
 «n^l ""•le'-sisned would hold the Secretary who shoud 
 accept the resignation of an ofiicer who before resll^nng 
 had been guilty of any conduct unbecoming an officer 
 amenable to the severest censure. An acceptance of a 
 resigiiation is an honorable discharge from service which 
 should only be given to him whohaslicquittedhimseifwi' h 
 fidelity and honor, but one who has fhin acq, it ed hinrelf 
 
 llUT'^Jl °''°'i* ''"'■'=^''^« f'^^ him favor and reward 
 
 buch was the conduct of Arnold. 'cwaia. 
 
 The pure man, who, compelled to select between two 
 
 :laims to his a eiri:incB^>,nr.=<.= ti,„* ...,,:!,. "^'.'^"".t^o 
 
 pef-sonal advantage scrupulously discharges all existing 
 
 sr i^rr; s'ts.^™ •.'..» "S X'5 
 
 b,«V^v' been the proud boast of the American Navy that it 
 ^Z "«^«'.<=f tamed a traitor in its ranks. Will it l,e cred 
 Ited that It haa suddenly become a hot-bed from which has 
 sprung such a bountiful crop of traitors ? Snrh , =,? • 
 tion would discredit the whole bXo?ts officers 'fnt 
 
 85 
 
 ^'!in?^n?n°°- f ^^ con.sideration of convenience, nor the 
 maintenance of any mere system of business, should be 
 ^iT'Vv '^*r'^"'? '";^" the substantial demands ofTustice 
 and public interest. But in the absence of any reason for 
 ctnfiH "f/'T.'-^"^"'''' <=°"™'' (^"'l the undersigned sayS 
 c nfidently that in the present case no such reason existed), 
 rennifn ""^u^, ^^-'^^cutive Department is not censurable for 
 pl^ched.^ ^"''"^'' ^° ^^ regularly and promptly del 
 
 dMr.lt''J"^^''iF1^- u''" ""'^ '° t^« testimony nothing to 
 detract from the high reputation always borne by the pre^ 
 IcJZT''^^'"' .'l*"f"t^ ^"'^ patriotism; and tl erefort 
 I cannot concur with the committee in recommending the 
 passage of a resolution of censure. «:"omg me 
 
 March 2d. The resolution appended to the 
 majority report, was agreed to— yeas 95 
 nays 62, as follows : 
 
 YEAS-Messrs. Charles F. Adams, Aldrich, Alley, Ashley 
 Beale, Bingham, Blair, Blake, Brayton, Buffinton Burhn- 
 game, Butterfield, Campbell, Carev Carter riiT' rl,l 
 Colfex, Conway, Covode^ H. ^HnteT'Dav^ "bawes Man"' 
 DuellEdgerton Edwards, Eliot, Ely, Farnsworth,' f^^ton' 
 French, Gooch, Grow, Gurley,Hale, Ilaskin, Helmick Wm' 
 A. Howard, Humphrey, Hutchins, Irvine, Junkin Frands 
 \V Kellogg, Wm. Kellogg, Kenyon, Killinger, De'witt C 
 KW^'f M 'p^°"^°^',rMV■ ^o^-eJoy.Marstou, jicKenn, Jlc- 
 Knight, McPherson,Millward, Moorhead, Jlorrill i: hvard 
 Joy Morris, Isaac N MorrisM^on, Olin, pilmor, P^rTy^ 
 Pottit Potter, Pottle, Edwin R. Reynolds, Rice, Christb^ 
 pher Robinson, Royce, Sedgwick, Sherman, Somes Spaut 
 ding, Spinner, Stanton, Stevens, ^Ym. Stewart, Strutton 
 Tompkins, Trun, Trimble, V.andevcr, Van Wyck Verree 
 Wade, Waldron, Walton, Cadwalader C Wa.shburn Plight' 
 
 NATS-Messrs. AUrain, Wm. C. Anderson, Bari-Bar^M 
 
 aark'a^mX'ril"";^'; ^'"""^ ^"'•'^"' Burnett jZ%\ 
 (^ark, Clemens, John Cochrane, Cox, James Graiq, Burton 
 Craige, John G. Davis, De Jai-nfite., English, Ferry ^ 
 rcnce Fouke Garnett, Hamilton, John I\ ffa^s Ilkttou 
 Hmdnmn, Holman, Wm.Homard, Hughes, Kilcrwe Kunkd 
 Larruhee, James M. Leach, Leake Charlffn jihl-it' 
 
 f:^n''i4!:lirp ^-^'"f ^' ^^--n. SVp;.'f« s 
 
 RuiVn' ^■rU^'-^Z'"^' ^'^--.'f'' ^'^3S, James C Robinson, 
 Ruffm, Sickles, Simms, William N. IT. Smith Stevenson 
 '^A^fs A. Stewart, St,,kes, Thomas, VallandiglJ ^^Zl 
 Wlatdey, Winslow, Woodson, Wright— f,2. ' 
 
 January 30th. Mr. John H. Reynolds 
 made the majority report, andL.O'B. Branch 
 the minority report, upon the bill to author- 
 ize the President to call out the miUtia, which 
 was ordered to be printed and recommitted 
 to the committee.* 
 
 February 27th. The majority of the com- 
 mittee presented a report reviewing-, the cor- 
 respondence, communicated by the Presi- 
 dent January 8th, between himself and Isaac 
 W. Hayne, "Special P^nvoy" of South Caro- 
 lina and concluding with a resolution that 
 in the opinion of the House, " the President 
 had no constitutional power to negotiate 
 with the representatives of the State of 
 bouth Carolina for the surrender of any 
 
 Claims ,■oh^ahe^:nTeUhTo^ertU^vSp^:^^^^^^^^ South Carolina for the surrender o 
 
 o'Sl?renT;iu3ry'r^^^^^ public property Within the limits of that 
 
 •— _:,_„.«n y,lu„tanly and openly renounces a cher. State." MessrS. COCHRANE and BraNCH aS a 
 
 minority, made a report of dissent. Both 
 reports were ordered to be printed and re- 
 committed, and the subject was not resumed. 
 28th. m-. Howard of Michigan, made the 
 closing report, on the general subject of Se- 
 cession. Mr. Cochrane and Mr. Branch 
 gave notice of their dissent, and obtained 
 leave to make a minority report. 
 
 WITHDRAWAL OF UNITED STATES TROOPS, 
 
 nToniTn,"r*''"°"^^'' ^^^''««" to act pr^mpt'rrresigl ""{ Mississippi offered this joint resolution, 
 oul oTrertir:>lcrrenVb^- ^^^^^ whichwasi^ead^n^^ be printed : 
 
 ]^r^^in:^^^,X^:^^:r,:^J^: 2''^ J ''■■• •'-.^^ ^°.^^^»°« expressed his dissent from the 
 .h« force i.in.ufficient. affah. wiU sooiTluU^ 'i^it^'li^.tiy^i i S^^:^.,:.^' ^L.^S^'rcX-^Tri'T^^:'"^'--"---' 
 
86 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 Joint Resolution in relation to the Militia 
 of the States, the condition of forts, mag- 
 azines, arsenals and dock-yards; military 
 power ; withdrawal of troops from garrisons 
 on the application of a State; and the re- 
 cognition of the right of a State to keep 
 troops and ships of war by proclamation of 
 the President. 
 
 Whereas, by the second and third articles 
 of amendment of the Constitution, it is de- 
 clared that a well regulated Militia is the 
 security of a free State, and that no soldier 
 shall, in time of peace, be quartered in any 
 house without the consent of the owner; 
 and whereas, by the second and third clauses 
 of the tenth section of the first article of 
 the Constitution, it is indirectly provided 
 that a State may, with the consent of Con- 
 gress, keep troops and ships of war in time 
 of peace ; and whereas, by the seventeenth 
 clause of the eighth section of the first 
 article of the Constitution, the exclusive 
 iurisdiction of the Federal Government over 
 forts, magazines, arsenals, dock-yards, and 
 so forth, is hmited to places purchased by 
 the consent of the Legislature of the State 
 in which the same shall be ; and whereas, 
 the military powers delegated by the States 
 to the Federal Government were designed 
 for the purposes stated generally, in the 
 preamble to the Constitution, namely: to 
 insure domestic tranquiUity, and provide 
 for the common defence ; therefore, Be it 
 resolved hy the Senate and House of Repre- 
 sentatives, etc., that upon the application 
 of a State, either through a Convention or 
 Legislature thereof, asking that the Federal 
 forces of the Army and Navy may be with- 
 drawn from its limits, the President of the 
 United States shall order the withdrawal of 
 the Federal garrisons, and take the needful 
 security for the safety of the public property 
 which may remain in said State. 
 
 Sec. 2. And he it further resolved. That 
 whenever a State Convention, duly and law- 
 fully assembled, shall enact that the safety 
 of the State requires it to keep troops and 
 ships of war, the President of the United 
 States be, ai;id he is hereby, autliorized and 
 directed to recognize the exercise of that 
 power by the State, and by proclamation 
 to give notice of the fact for the information 
 and government of all parties concerned. 
 
 SUSPENDING CERTAIN LAWS IN SECEDED 
 STATES. 
 
 January 19th, 1861. Mr. Mason of Vir- 
 ginia offered the following resolution, which 
 was printed : 
 
 " It appearing to Congress that the State 
 of South Carolina has, by an ordinance of 
 the people of that State, in Convention as- 
 sembled, declared the State separated from 
 the United States, and from the Government 
 thereof, as estal:)lished under the Constitu- 
 tion ; and it further appearing, that by reason 
 of such declared separation, there are no 
 officers of the United States acting under 
 
 the authority thereof, in the judiciary de- 
 partment of this Government, or under the 
 laws for the collection of the revenues of 
 the United States ; whereby, and in conse- 
 quence whereof, the laws of the United 
 States are in fact suspended within the 
 limits of said State ; therefore, to avoid any 
 hostile collision that might arise between 
 the authorities of the United States and of 
 the State aforesaid, in the attempt to ex- 
 ecute laws of the United States, in the 
 absence of those officers required by law to 
 administer and execute said laws : 
 
 " Be it resolved by the Senate and House 
 of Representatives, That from and after the 
 passage of this joint resolution, all laws of 
 the United States directing the mode in 
 which the Army and Navy and other public 
 force of the United States shall be used by 
 the President of the United States, in aid 
 of the civil authorites in executing the laws 
 and authorizing the same, and all laws 
 for the collection of revenue shall be, and 
 the same are hereby suspended, and made 
 inoperative in the State of South Carolina 
 for the time being ; and should it be made 
 to appear hereafter by the executive au- 
 thority of any other State or States, that a 
 Uke ordinance has been passed by the peo- 
 ple of any State, declaring such State or 
 States separated from the United States, 
 then it shall be the duty of the President 
 of the United States to announce such sep- 
 aration by his proclamation, and all the laws 
 of the United States shall, in like manner, 
 be suspended and rendered inoperative in 
 such State last aforesaid." 
 
 RETROCESSION OF FORTS AND ARSENALS. 
 
 January 2d, 1861. Mr. Hunter offered in 
 the Senate this resolution, upon which, on 
 the 11th of Jamiary, he gave his opinion on 
 the condition of the country and the needed 
 remedies : 
 
 Whereas certain forts, magazines, arse- 
 nals, dock-yards, and other needlul build- 
 ings have been placed under the exclusive 
 jurisdiction of the United States by a ces- 
 sion to that effect from certain States, and 
 it maybe the desire of one or more of these 
 States to resume the jurisdiction thus ceded : 
 Now, therefore — 
 
 Be it Resolved, That the President of the 
 United States ought to be authorized by 
 law, upon the application of the Legislature 
 or of a regular Convention of the people 
 of any such State, to retrocede this juris- 
 diction to such States, upon taking proper 
 security for the safe-keeping and return of 
 all the property of the United States, or for 
 paying for the value of the same, if destroyed 
 or injured by the act of any of the States 
 making such application. 
 
 MR. hunter's plan OF ADJUSTMENT. 
 
 In his speech, Mr. Hunter indicated the 
 points of adjustment which he considered 
 indispensable 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 87 
 
 He thought the Southern people were first President, the second should be Prosi- 
 bound to withdraw from the Government j dent of the Senate,- with a casting vote in 
 unless they can get constitutional guaran- j case of a tie ; and that no treaty should be 
 tees, which shall provide : first, that Con- j valid which did not have the signatures of 
 gress shall have no power to abolish slavery I both Presidents, and the assent of two- 
 in the States, in the District of Columbia, i thirds of the Senate. 
 
 in the dock-yards, forts, and arsenals of the [ That no law should be valid which did not 
 United States ; second, that it shall not i have the assent of both Presidents, or in 
 abolish, tax, or obstruct the slave trade be- 1 the event of a veto by one of them, the as- 
 tween the States; third, that it shall be the : sent of a majority of the Senators of the 
 duty of each of the States to suppress com- ' section from which he came, 
 binations within their jurisdiction for armed [ That no person should be appointed to a 
 invasions of another; fourth, that States j local ofiice in the section from which the 
 shall be admitted with or without slavery, [ second President was elected, unless the 
 according to the election of the people ; \ appointment had the assent of that Presi- 
 fifth, that it shall be the duty of the States j dent, or. in the event of his veto, the assent 
 to restore fugitive slaves when within their i of a majority of the Senators from the sec- 
 borders, or to pay the value of the same ; tion from which he came. 
 
 sixth, that fugitives from justice shall be 
 deemed all those who have offended against 
 the laws of a State within its jurisdiction, 
 and who have escaped therefrom ; seventh, 
 that Congress shall recognize and protect as 
 property whatever is held to be such by the 
 laws or prescriptions of any State within 
 the Territories, dock-yards, forts, and arse- 
 nals within the United States, and wherever 
 the United States has exclusive jurisdiction ; 
 with the following exceptions : First, it may 
 leave the subject^ of slavery or involuntary 
 servitude to the people of the Territories 
 when a law shall be passed to that effect 
 with the usual sanction, and also with the 
 assent of a majority of the Senators from 
 the slaveholding States, and a majority of 
 the Senators from the non-slaveholding 
 States. That exception is designed to pro- 
 vide for the case where we might annex a 
 territory almost fully peopled, and whose 
 people ought to have the right of self-gov- 
 ernment, and yet might not be ready to be 
 admitted as a State into the Union. 
 
 The next exception is that " Congress may 
 divide the territories to the effect that slavery 
 or involuntary servitude shall be prohibited 
 in one portion of the territory, and recog- 
 nized and protected in another; provided 
 the law has the sanction of a majority from 
 each of the sections as aforesaid," and that 
 exception is designed to provide for the case 
 where an unpeopled territory is annexed, 
 and it is a fair subject of division between 
 the two sections. 
 
 In addition to these " guarantees of prin- 
 ciples," there should be "guarantees of 
 power," without which he did not think per- 
 manent peace could be secured. He indi- 
 cated these as the best : First, the dual 
 Executive, not in the form proposed by Mr. 
 Calhoun, but in one less fairly open to ob- 
 jections. He would provide : 
 
 That each section shall elect a President, 
 to be called the first and second President : 
 the first'to serve for four years as President, 
 the next to succeed him at the end of four 
 years, and to govern for four other years, 
 and afterwards to be re-eligible. 
 
 That durin<r the term of service of the 
 
 He proposed to change the mode of elect- 
 ing these Presidents as'follows : 
 
 I would provide that each Stalfe should be 
 divided into Presidential electoral districts ; 
 that each district should elect one man, and 
 that these representatives from the whole 
 United States should meet in one chamber, 
 and that the two men who, after a certain 
 number of ballots, received the highest 
 number of votes, should be submitted as the 
 candidates to the people, and he should be 
 declared as President who received a major- 
 ity of the districts — the districts each vot- 
 ing singly. I would do this to destroy the 
 opportunities which are given under our 
 present system of nomination to the forma- 
 tion of corrupt combinations for purposes 
 of plunder and of patronage. I would sub- 
 stitute this instead of the National Conven- 
 tions, v.-hich have already done so much 
 harm in our system. 
 
 Further : 
 
 I would also diminish the temptation to 
 such corrupt combinations for spoils and 
 patronage by the fact that the President, 
 after the first election, would be elected four 
 years before he commenced his service as 
 President, and in the meantime he would be 
 training as a second President at the head 
 of the Senate, and exercising the veto power. 
 The fact that he was elected four years be- 
 forehand woiild do much to prevent such 
 combinations; but, further than this, the 
 effect of such a division of the Executive 
 power would be to destroy, to a great exlnii, 
 the miserable system of rotation in office 
 which exists at present, and to make merit 
 the test of the fitness for office, and a guar- 
 antee for his permanence in place; for, as 
 the second President would probably keep 
 those in office during his term of President 
 whom he had protected by his veto power 
 before, if they were worthy of the place, the 
 effect would be, at least if this system were 
 introduced, that the rotation principle would 
 be applied, if at all, not once in four years, 
 but once in eight years. 
 
 But this plan would have another good 
 effect. It would save us from most of those 
 agitations attending a Presidential election 
 
88 
 
 PEOCEEDINaS OF THE GOVERNMENT. 
 
 which now disturb the country, which unset- 1 
 tie pubhc affairs, and which are doing so 
 much to demorahze and corrupt the people. ' 
 The election would take place in one section 
 at a time ; it would take place in each sec- 
 tion but once in eight years, and in this way 
 we would escape those disturbances which 
 are now dividing and destroying us. 
 
 Further, "to secure the proper enforce- 
 ment of rights which are now without reme- 
 dies," he proposed " that the Supreme Court 
 ehould also be adjusted. It should consist 
 of ten judges — five from each section— the 
 Chief Justice to be one of the five. I would 
 allow one State to cite another State before 
 this tribunal to charge it wi^h having failed 
 to perform its constitutional obligations ; 
 and if the court decided a State thus cited 
 to be in default, then I would provide, if it 
 did not repair the wrong it had done, that 
 any State anight deny to its citizens within 
 its jurisdiction the privileges of citizens in 
 all the States; that it might tax its com- 
 merce and the property of its people until it 
 ceased to be in default. Thus I M'ould pro- 
 vide a remedy without bringing the General 
 Government into collision with the States, 
 and without bringing the Supreme Court 
 into coUision with them. Whenever inter- 
 national stipulations in regard to the duties 
 imposed on the States, as laid down in the 
 Constitution, are violated, I would remedy 
 the wrong by international remedies. 1 
 would give a State the right, in such cases, 
 after the adjudication of the court, to deny 
 to the offending State the performance of 
 the mutual obligations which had been 
 created for its benefit. In this way I beheve 
 that these wrongs might be remedied with- 
 out producing collision in the system. A 
 self-executing process would thus provide a 
 remedy for the wrong, without a jar to the 
 machinery of Government. In order to 
 make this check eSicient, it should be pro- 
 vided that the Judges of the Supreme Court 
 in each section shall be appointed by the 
 President from that section, and this is the 
 only original appointing power which I 
 would give to the second President." 
 
 In consideration of these changes, he ex- 
 pressed his willingness " to regulate the right 
 of Secession, which I hold to be a right not 
 given in the Constitution, hut resulting from 
 the nature of the compact. I would provide 
 that, before a State seceded, it should sum- 
 mon a Convention of the States in the sec 
 tion to which it belonged, and submit to 
 them a statement of its grievances and 
 wrongs. Should a majority of the States in 
 such Convention decide the complaint to be 
 well founded, then the State ought to be pei'- 
 mitted to secede in peace. For, whenever a 
 majority of States in an entire section shall 
 declare that good cause for secession exists, 
 then who can dispute that it ought to take 
 place ? Should they say, however, that no 
 good cause existed, then the moral force of 
 such a decision, on the part of confederates 
 
 of those who are bound to the complaining 
 State by identical and homogeneous inter- 
 ests, would prevent it from prosecuting the 
 claim any further. I believe that the sys- 
 tem thus adjusted would give us a perma- 
 nent Union, an efiicient, a useful, and just 
 Government. I think our Government would 
 then rank among the most permanent of 
 human institutions. It is my honest opinion 
 that, with a Government thus balanced, and 
 with such capacities for empire as our peo- 
 ple possess, we should build up a political 
 system whose power and stability and bene- 
 ficial influences would be unparalleled in all 
 the history of the past." 
 
 He believed "this scheme afforded the 
 best basis of settlement which has yet been 
 devised. There are other schemes upon 
 which I would settle. I would settle upon 
 something which would give only a truce, 
 provided it promised to be a long truce, and 
 then trust to public opinion and the progress 
 of truth to remedy future evils when they 
 might arise. But I would prefer, when we 
 do settle, after all this turmoil and confu- 
 sion, that we should do so upon some prin- 
 ciple which promises us a permanent adjust- 
 ment, a constant and continuing peace, a 
 safe, an efficient, and a stable Government." 
 At the close of Mr. Hunter's speech, this 
 significant colloquy took place : 
 
 Mr. Baker. I desire to ask the gentleman 
 from Virginia, if he will allow me, and con- 
 sider it respectful, one question. 
 Mr. Hunter. What is the question ? 
 Mr. Baker. It is this : If a majority of 
 this branch of Congress — the constitutional 
 majority, and a majority of the other branch, 
 also the constitutional majority— shall pass 
 constitutional amendments, to be suljmitted 
 according to the forms of the Constitution 
 for the consent and approbation of the peo- 
 ple, in that event, if they be such as sub- 
 stantially meet the views of the gentlemen 
 on the other side, will the Senator from 
 Virginia, so far as he can, throw the weight 
 of Virginia, and especially the weight of his 
 own individual character, to maintain the 
 Constitution as it is, the Government as it 
 is, the laws as they now are, with the power 
 of the Government, until the people of the 
 States shall have decided upon those amend- 
 ments ? 
 
 Mr. Hunter. The Senator has asked me 
 some questions which I cannot answer. I 
 cannot answer for Virginia; I am not au- 
 thorized to do so. I can only say this : that 
 I will vote for the propositions of the Sen- 
 ator from Kenti;cky which were presented 
 in committee ; and other gentlemen declared 
 that they believed they would be satisfac- 
 tory ; but whether the people, who are now 
 seceding and getting in line together for 
 purposes of common defence, would wait to 
 ascertain whether the State would adopt 
 them, I am not ajithorized to say. 
 
 Mr. Baker. That is not quite it : I do 
 not make myself understood ])y the gentle- 
 
PROCEEDINGS OF THE GOVERNMENT. 
 
 89 
 
 man. Will the gentleman himself, as «j^ 
 Senator 
 
 Mr. Hunter. If the Senator is not satis- 
 fied I cannot satisfy him. 
 
 Mr. Baker. Ah ! 
 
 For speech and colloquy, see Congression- 
 al Globe, second session, 36th Congress, 
 pages 328-332. 
 
 No vote was taken upon the resolution. 
 
 CONSTRUCTION OF SCREW SLOOPS OF WAR. 
 
 February 11th. The Senate, as in Com- 
 mittee of the Whole, adopted an amendment 
 to the Naval Appropriation bill, providing 
 for the construction of seven steam screw 
 sloops of war of the second class, with full 
 steam power, whose greatest draught of 
 water shall not exceed 14 feet, and appro- 
 priating $1,200,000 for the purpose. The 
 vote was, yeas 30, nays 18, as follows : 
 
 Ye^s — Messrs. Anthony, Baker, Bigler, Bingham, Cam- 
 eron, Chandler, Clark, Coilamer, Doolittle, Durkee, Fessen- 
 den. Foot, Grimes, Hale, Harlan, Johnson of Tennessee, 
 Kermcdy, King, Latham, Morrill, Sebastian, Seward, Sim- 
 mons, Sumner, Ten Eyck, Thomson, Trumbull, Wade, Wil- 
 kinson, and Wilson— 30. 
 
 Nats— Messrs. Bayard, Brag(j, Bright, Clingman, Crit- 
 tenden, Fitch, Gwin, 'Hnnphill, Hunter, Lane, Mason, Nich- 
 oUnn, Pearce, Polk, Powell, Rice, Saulsbury, and Wigfall 
 —18. 
 
 12th. The amendment made in Senate as in 
 Committee of the "Wliole, was agreed to, 
 yeas 27. nays 17. 
 
 20th. The House adopted the amendment, 
 yoas 114, nays 38, as follows : 
 
 Yeas — Messrs. Charles F. Adams, Adrain, Aldrich, Allen, 
 Alloy, Wm. C. Anderson, Ashley, Barr, Bingham, Blake, 
 Bray ton, Briggs, Bristovv, Buffinton, Burlini;ame, Burnham, 
 Eutterflcld, Campbell, Carey, Carter, Case, Cobnrn, C. B. 
 Oochr.ane, John Cochrane, Colfax, Conkling, Conway, Cox, 
 Uurtis, Dawes, Delano, Duoll, Dunn, Edgerton, Edwards, 
 Eliot, Ely, Farnsworth, I'enton, Ferry, Florence, Frank, 
 French, Gooch, Graham, Grow, Gurley, Hall, JjuiiiiHon, 
 J. Mon-ison Harris, Helmick, Ronril,' IIoIiii<i)i. ]i'illiam 
 Howard, Humphrey, Ilutchins, Irvine, Junkin, I'naicis 
 W. Kellogg, AVm. Kellogg, Kenyou, Killiugur, Larrahee, 
 Do Witt C. Leach, Lee, Longnecker, Loomis, Love.ioy, 
 Marston, McKean, McKcnty, McKnight, MoPherson, Mill- 
 son, Mill ward, Laban T. Moore, Moorhead, Morrill, Edward 
 Joy Morris, Isaac N. Morns, Morse, Nixon, Olin, Palmer, 
 Porter, Potter, Pottle, Edwin R. Reynolds, Kii-e, Chris- 
 topher Robinson, Royco, Scranton, Sedgwick, ,'<i'J.les, 
 Ppaulding, Spinner, Stanton, Stevens, Wm. Stewart. Strat- 
 ton, Taiipan, Theaker, Tompkins, Van Wyck, Vi/rree, 
 Wade, Waldron, CadwaladerC. Washburn, Ellihu B.Wash- 
 burne, Webster, Wells, Wilson, Windom, Woodruff— 114. 
 
 Nats — Messrs. Avery, Barrett, Bocock, Branch, Brown, 
 Burch, Burnett, John B. Clark, Burtrm Craige, John G. 
 Davis, De Jarnette, Edmundson, Etheridge, Gamett, John T. 
 Harris, Hatton, Hindman, Hughes, James M. Leach, Elbert 
 S. Martin, Nelson, JViblack, Phelps, Quarles, Biggs, James 
 C. Robinson, Rust, Scott, Sherman, Simms, Wm. N.'H. Smith, 
 S^erenson, Stokes, Thomas, Vallandigham, Vance, Winslow, 
 and Wrightr-Z?>. 
 
 RECOGNITION OF THE SOUTHERN CONFEDER- 
 ACY. 
 
 February 11, 1861. Mr. Burton Craige 
 of North Carolina, offered in the House of 
 Representatives, the following resolution, 
 which was referred to the Committee on 
 Foreign Affairs, on his motion : 
 
 Whereas, the States of South Carolina, 
 Florida, Alabama, Georgia, Mississippi, and 
 Louisiana have seceded from the Confed- 
 eracy of the United States, and have estab- 
 lished a Government under the name of 
 
 "the Confederacy of the United States 
 South;" and whereas it is desirable that the 
 most amicable relations should exist between 
 the two Governments, and war should be 
 avoided as the greatest calamity which can 
 befall them : 
 
 Resolved by the Senate and Hov^e of Rep- 
 resentatives of the United States of America 
 in Congress assembled, 'J'hat the I'resident 
 of the JJnited States be, and is hereljy, re- 
 quired to acknowledge the independence of 
 said government as soon as he is informed 
 officially of its establishment ; and that he 
 receive such envoy, embassador, or com- 
 missioner as may or shall be appointed by 
 said government for the purpose of amicably 
 adjusting the matters in dispute with said 
 Government. 
 
 It was not reported from the Committee. 
 
 THE TERRITORIAL DIFFICULTIES SETTLED BY 
 CONGRESS. 
 
 Congress passed and the President ap- 
 proved bills to provide temporary govern- 
 ments for Colorado, February 28th, Nevada, 
 March 2d, and Dakotali, March 2d, 1861. _ 
 
 These three Territories cover the entire 
 region^ owned by (he United States and not 
 included within the States. 
 
 'J'he sixth and sixteenth sections of each 
 bill are as follows : 
 
 " That the legislative power of the Terri- 
 tory shall extend to all rightful subjects of leg- 
 islation consistent with the Constitution of 
 the United States and the provisions of the 
 act ; but no law shall be passed interfering 
 with the primary disposal of the soil ; no tax 
 shall be imposed upon the property of tlie 
 United States ; nor shall the lands or other 
 property of non-residents be taxed higher 
 than the lands or the property of residents ; 
 nor shall any law be passed impairing the 
 right of private property ; nor shall any dis- 
 crimination be made in taxing different 
 kinds of property ; but all property subject 
 to taxation shall be in proportion to the 
 value of the property taxed. 
 
 " That the Constitution and all laws of the 
 United States, which are not locally inappli- 
 cable, shall have the same force and effect 
 within the said Territory of Dakotah as else- 
 where within the United States." 
 
 The ninth section contains this provision : 
 
 "And each of the said District Courts shall 
 have and exercise the same jurisdistion in 
 all cases arising under the Constitution and 
 laws of the United States as is vested in the 
 Circuit and District Courts of the United 
 States ; and the said Supreme and District 
 Courts of the said Territory, and the respec- 
 tive judges thereof, shall and may grant 
 writs of habeas corpus in all cases in which 
 the same are grantable by the jucges of the 
 United States'in the District of Columbia." 
 
 The provisions of these bills were, as was 
 announced in debate, agreed upon by Mr. 
 Green of Missouri, Chairman of the Senate 
 Committee on Territories, and Mr. Grow 
 
90 
 
 PROCEEDINGS OF THE GOVERNMENT. 
 
 of Pennsylvania, Chairman of the^ House 
 Committee on Territories, Mr. Wade and 
 others in consultation, and the bills passed 
 without material opposition in either House. 
 The Colorado bill passed the Senate Feb- 
 ruary 4th, without a division, and the House, 
 February 18th, by a vote of 90 yeas to 44 
 nays as follows : 
 
 Yeas— Messrs. Charles F. Adams, Aldrich, Alley, 
 Bingham, Blair, Blake, Brayton, BuflBnton, Burlin- 
 game, Burnham, Butterfield, Campbell, Carey, Carter, 
 Sase, Colfax, Conkling, Conway, Covode, Dawes, Delano, 
 Duell, Edgcrton, Edwards, Eliot, Ely, Farnsworth, Fenton, 
 Flm-ence, Frank, French, Gooch, Graham, Grow, Gurley, 
 Hale, Hall, Helmick, William, Howard, William A. Howard, 
 Humphrey, Hutchins, Iryine, Junkin, Francis W. Kellogg, 
 William Kellogg, Kenyon, Killinger, De Witt C. Leach, Lee, 
 Longnecker, Loomis. Lovejoy, Marston, McKean, McKenty, 
 McKnight, McPherson, Moorhead, Morrill, Edward Joy 
 Morris, Isaac N.Morris, Morse, Nixon, Palmer, Porter, Pot- 
 ter, Pottle, Edwin R. Reynolds, Rice, Christopher Robinson, 
 Royce, Scranton, Sedgwick, Spinner, Stanton, Stevens, Tap- 
 pan, Tompkins, Train, Vandever, Wade, Waldron, Walton, 
 Cadwalader C. Washburn, EUihu B. Washburne, Wells, 
 Windom, Wood, Woodruff— 90. 
 
 Nats— Messrs. >1 drain, Allen, W. C. Anderson, Avery, Bar- 
 rett, Bocock, Burch, Burnett, Horace F. Clark, Jno. B. Clark, 
 Jno. Cochrane,Cov\\\n, Cox, Burton Graige, Jno. G. Davis, De 
 Jarnette, Mmundson, Gai-ndt, Gilmer, John T. narris,Yla.t- 
 ton, Hindman, Holman, HugMs, Leake, Logan, Maynard, 
 McClemand, Millson, Laban T. Moore, Nelson, Mblack, 
 Pettit, Phelps, Fryfyr, Quarles, James C. Robinson, Rufin, 
 Sickles, iVmnis, William N. H. Smith, Stevenson, Stokes, 
 Thomas-Ai. 
 
 The Nevada bill was passed by the House, 
 March 1st — yeas 91, nays 32, and the Da- 
 kotah, same day, without a division. 
 
 ON PROTECTING SLAVERY IN THE TERRITO- 
 RIES. 
 
 During the consideration of the Davis 
 resolutions in the United States Senate in 
 May, 1860, 
 
 Mr. Thomas L. Olingman of North Caro- 
 lina, May 24th, offered an amendment to add 
 to the fourth resolution the following : 
 
 ''Resolved, That the 'existing condition of 
 the Territories of the United States does not 
 require the intervention of Congress for the 
 protection of property in slaves." 
 
 Mr. Albert G. Brown of Mississippi, moved 
 to strike from the amendment the word "not," 
 so as to assert that the existing condition of 
 the Territories of the United States does re- 
 quire the intervention of Congress for the 
 protection of property in slaves. 
 
 Which was rejected May 25th— yeas 5, 
 nays 43, as follows : 
 
 Yeas- Messrs. Broivn, Clay, Tverson, Johnson of Arkan- 
 sas, Vulee — 5. 
 
 Nats — Messrs. Benjamin, Bigler, Bingham, Bragg, Bright, 
 Chandler, Chesnut, Clark, Clingman, CoUamer, Crittenden, 
 Davis, Dixon, Doolittle, Fiizpatrick, Foot, Green, Gwin, 
 ilale, Hamlin, Hammond, Hemphill, Hunter, Johnson of 
 Tennessee, Kennedy, Lane, Latham, Mallory, Mason, Nich- 
 olson, Pmrce, Polk, Powell, Pugh. Rice, Sebastian, Slirkll, 
 Ten Eyck, roomfcs, Trumbull, Wade, Ifia/aiZ, Wilson— 43. 
 
 The question recurring on Mr. Clingman's 
 amendment. 
 
 Mr. CoLLAMER of Vcrmout, moved to 
 amend it so as to make it read : 
 
 Resolved, That the existing condition of 
 the Territories of the United States does 
 not, and in our opinion never will, require, 
 etc. 
 
 Which was rejected-— yeas 16, nays 33, as 
 follows : 
 
 Yeas — Messrs. Bingham, Chandler, Clark, CoUamer, 
 Crittenden, Dixon, Doolittle, Foot, Hale, Hamlin, Harlan, 
 Simmons, Ten Eyck, Trumbull, Wade, Wilson— 16. 
 
 Nats — Messrs. Benjamin, Bigler, Bragg, Bright, Brown, 
 Chesnut, Clay, Clingman, Davis, Fitzpatrick, Green, Hamr 
 mond, Hemphill, Hunter, Iverson, Johnson of Arkansas, 
 Johnson of Tennessee, Lane, Latham, Mallory, Mason, 
 Nicholson, Pearce, Polk, Powell, Pugh, Rice, Saultbury, 
 Sebastian, Slidell, Toombs, Wigfall, Yulee—ZZ. 
 
 The motion of Mr. Clingman was then 
 agreed to — yeas 26, nays 23, as follows : 
 
 Yeas — Messrs. Bigler, Bingham, Bragg, Chandler, Clark, 
 Clingman, CoUamer, Crittenden, Dixon, Doolittle, Foot, 
 Grimes, Hale, Hamlin, Harlan, Johnson of Tennessee, AVrv- 
 nedy, Latham, Polk, Ihigh, Simmons, Ten Eyck, Toombs, 
 Trumbull, Wade, Wilson— 26. 
 
 Nats — Messrs. Benjamin, Bright, Brown, Chesnut, Clay, 
 Davis, Fiizpatrick, Green, Hammo^ul, Hunter, Jverscm, 
 Lane, Mallory, Mason. Nicholson, Pearce, Powell, Rice, 
 Saulsbury, Sebastian, Slidell, Wigfall, yulee—2Z. 
 
 When the fifth resolution was pending, 
 
 Mr. Clingman moved to amend by adding, 
 as follows : 
 
 "Provided, That it is not hereby intended 
 to assert the duty of Congress to provide a 
 system of laws for the maintenance of 
 slavery." 
 
 Which was rejected— yeas 12, nays 31, 
 as follows : 
 
 Yeas— Messrs. Clark, Clingman, Dixon, Foot, Foster, 
 Hiile, Hamlin, Latham, Pugh, Ten Eyck, Trumbull, Wilson 
 —12. 
 
 Nats — Messrs. Benjamin, Bragg, Bright, Brown, Chesnut, 
 Clay, Davis, Fitzpatrick, Green, Hammond, Hemphill, 
 Hunter, Iverson, Johnscm of Arkansas, Johnson of Tennes- 
 see, Kennedy, Lane, Mallory, Mason, Nicholson, Pearce, 
 Polk, Paivell, Rice, Saulsbury, Sebastian, Slidell, Thomson, 
 Toombs, Wigfall, Tulec — 31. 
 
 Mr. Brown of Mississippi, then offered a 
 substitute for the fifth resolution, as follows : 
 
 " That experience having already shown 
 that the Constitution and the common law, 
 imaided by statutory enactment, do not 
 afford adequate and sufficient protection to 
 slave property — some of the Territories hav- 
 ing failed, others having refused to pass such 
 enactments — it has become the duty of Con- 
 gress to interpose and pass such laws as will 
 afford to slave property in the Territories 
 that protection which is given to other kinds 
 of property." 
 
 Which was rejected — yeas 3, nays 42, as 
 follows : 
 
 Yeas — Messrs. Brown, Johnson of Arkansas, Mallory — 3. 
 
 Nats— Messrs. Benjamin, Bigler, Bragg, Bright, Chesnut, 
 Clark, Clay, Clingman, Crittenden, Davis, Dixon, Doolittle, 
 Fitzpatrick, Foot, Foster, Green, Grimes, Gwin, Hamlin, 
 Harlan, Hemphill, Hunter, Iverson, .Johnson of Tennessee. 
 Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, 
 Pugh, Rice, Sebastian, Slidell, Ten Eyck, Thomson, Toombs, 
 Trumbull, Wigfall, Wilson, Tul6e^-42. 
 
CONSTITUTION OF THE UNITED STATES, 
 
 AND OF THE 
 
 "CONFEDERATE" STATES. 
 
 WITH AN INDEX TO BOTH. 
 
 Constitution of the United States 
 of America. 
 
 We the People of the United States, in order 
 to form a more perfect Union, establish Jus- 
 tice, insure domestic Tranquillity, provide for 
 the coniraoa 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. 
 
 SECTION I. 
 
 All legislative Powers herein granted shall 
 be vested in a Congress cf the United States, 
 which shall consist of a Senate and House of 
 Representatives. 
 
 SECTION II. 
 
 The House of Representatives shall be com- 
 posed of Members chosen every second Year by 
 the People of the several States, and the Elec- 
 tors in each State shall have the Qualifications 
 requisite for Electors of the most numerous 
 Branch of the »"-tnte Legislature. 
 
 No Person shall be a Uepresentative who shall 
 not have attained to thr) 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 that State in which he shall 
 be chosen. 
 
 Representatives and direct Tixes shall be ap- 
 portioned among the several States which may 
 be included within this Union, according to 
 their respective Numbtrs, which shall be deter- 
 mined 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 
 ^ ears after the first Meeting of the Congress of 
 the United States, and within every subseiiuent 
 Term of ten Years, in such Manner as they shall 
 by Law direct. The Number of Rcpn sentatives 
 shall not exceed one for every thirty Thousand, 
 but each State shall have at Least one Repre- 
 sentative ; and until such e umeration shall be 
 made, the State of New Hampshire ^hall be en- 
 titled to chuse three, iMassachusetts eight, Rliode 
 Island and Providence Plantations otie, Con- 
 necticut five, New York six, New Jersey four, 
 
 91 
 
 Pennsylvania eight, Delaware one, Maryland 
 six, Virginia ten, North Carolina five, South 
 Carolina five, and Georgia three. 
 
 When vacancies happen in the Representation 
 from any State, the Executive Authority thereof 
 shall issue Writs of Election to fill such Vacan- 
 cies. 
 
 The House of Representatives shall chuse 
 theirSpeaker and other Officers; and shall have 
 the sole Power of Impeachment. 
 
 SECTION III. 
 
 The Senate of the United States shall be com- 
 posed of two t-enators from each State, chosen 
 by the Legislature thereof, for six Years; and 
 each Senator shall have one Vote. 
 
 Immediately after they shall be assembled in 
 Consequence of the first Election, thoy 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 of the third Class at the Expi- 
 ration 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 Ex- 
 ecutive thereof may make temporary Appoint- 
 ments until the next Meeting of the Legislature, 
 which shall then fill such Vacancies. 
 
 No Person shall be a Senator who shall not 
 have attained to the Age of thirty Years, and 
 been nine Years a Citizen of the United States, 
 and who shall not, when elected, be an Inhab- 
 itant of that State for which he shall be chosen. 
 
 The Vice President of the United ^tates shall 
 be President of the Senate, but shall have no 
 Vote, unless they be equally divided. 
 
 The i^enate shall chuse their other Officers, 
 and also a President pro tempore, in the Absence 
 of the Vice President, or when he shall exer- 
 cise the Office of President of the Unired States. 
 
 The Senate shall have the sole Power to try 
 all Impeachments. "When sitting for that Pur- 
 pose, they shall be on Oath or Affirmation. 
 When the President of the United States is 
 tried, the Chief Justice shall preside: And no 
 P rson shall be convicted without the Con- 
 currence of two thirds of the Members present. 
 
 Judgment in Cases of Impeachm nt shall not 
 extend further than to removal from Office, and 
 
92 
 
 CONSTITUTION OP THE UNITED STATES. 
 
 Disqualification to bold and enjoy any Office of 
 honour, Trust or Profit under the United Stutes : 
 but the Party convicted shall nevertheless be 
 liable and subject to Indictment, Trial, Judg- 
 ment a«d Punishment, according to Law. 
 
 SECTION IV. 
 
 The Times, Places and Manner of holding 
 Eleci ions 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 chusing Senators. 
 
 The Congress shail 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. 
 
 SECTION V. 
 
 Each House shall be the Judge of the Elec- 
 tions, Returns and Qualifications of its own 
 Members, and a Majority of each shall con- 
 stitute a Quorum to do Business ; buta smaller 
 Number may adjourn from day to day, and may 
 be authorized to compel the Attendance of ab- 
 sent Members, in such Manner, and under such 
 Penalties as each House may provide. 
 
 Each House may determine the Rules of its 
 Proceedings, punish its Members for disorderly 
 Behaviour, and, with the Concurrence of two 
 thirds, expel a Member. 
 
 Each House shall keep a Journal of its Pro- 
 ceedings, and from time to lime publish the 
 same, excepting such Parts as may in their 
 Judgmetit require Sececy ; 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. 
 
 Neither House, during the Session of Con- 
 gress, shall, without the Ci nsent of the other, 
 adjourn for more than three days, nor to any 
 other Place than that in which the two House^ 
 shall be sitting. 
 
 SECTION TI. 
 
 The Senators and Representatives shall receive 
 a Compensation for their Services, to be ascer- 
 tained by Law, and paid out of the Treasury of 
 the United States. They shall in all Cases, ex- 
 cept Treason, Felony and Breach of the Peace, 
 be privileged from Arrest during their Attend- 
 ance at the Session of their respective Houses, 
 and in going to and returning from the same ; 
 and for any Speech or Debate in either House, 
 the}' shall not be questioned in any other Place. 
 No Senator or Representative shall, during 
 the Time for which he was elected, be appoincqd 
 to any civil Office under the Authority of the 
 United States, which shall have been created, 
 or the Emoluments whereof shall have been 
 cncreased during such tim? ; and no Person 
 holding any Office under the United States, 
 shall be a Member of either House during his 
 Continuance in Office. 
 
 SECTION VII. 
 
 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. 
 
 Every Bill which shall have passed the House 
 of Representatives and the Senate, shall, before 
 it become 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 vrhich it shall have 
 originated, who shall enter the Objecti' ns at 
 large on their Jourual. and proceed to recon- 
 sider it. If after such Reconsideration two 
 thirds cf that House shall agree to pass the 
 Bill, it sha 1 be sent, together with the Objec- 
 tions, to the other House, by which it shall 
 likewise be reconsidered, 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 bo determined by yeas and Nays, and the 
 Names of the Persons voting for and against the 
 Bill shall be entered on the Journal of each 
 House respectively. H' any Bill shall not be 
 returned by the President within ten Days 
 (Sundays excepted) after it shall have b<.en 
 presented to him, 'he Same shall be a law, in 
 like Manner as if he had signed it, unless the 
 Congross by their Adjournment prevent its 
 return, in which Case it shall not be a Law. 
 
 Every Order, Resolution, or Vote to which the 
 Concurrence of the Senate and House of Re- 
 presentatives may be necessary (except on a 
 qutstion 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 re- 
 passed by two thirds of the Senate and House 
 of Representatives, according to the Rules and 
 Limitations prescribed in the Case of a Bill. 
 
 SECTION VIII. 
 
 The Congress shall have Power 
 
 To lay and collect Taxes, Duties, Imposts and 
 Excises, to pay the Debts and provide for t e 
 common Defence and general Wellare of the 
 UnitedStates; butall Duties, Imposts and Excises 
 shall be uniform throughout the Unitt^d States ; 
 
 To borrow Money on the credit of the United 
 States; 
 
 To regulate Commerce with foreign Nations, 
 and among the several States, and with the In- 
 dian Tribes ; 
 
 To establish an uniform Rule of Naturaliza- 
 tion, and uniform Laws on the bubject of Bank- 
 ruptcies throughout the United States; 
 
 •To coin Money, regulate the Value tbeieof, 
 and of foreign Coin, and fix the Standard oif 
 Weights and Measures ; 
 
 To provide for the Punishment of counter- 
 feiting the Securities and current Coin of the 
 United States; 
 
 To establish Post Offices and post Roads ; 
 
 To promote the progress of Science and use- 
 ful Arts, by securing lor limited Tinn s t' Au- 
 thors and Inventors the exclusive Righi to their 
 respective Writings and Discoveiies; 
 
 To constitute Tribunals inferior to the su- 
 preme Co!'rt ; 
 
 To define and punish Piracies and Felonies 
 committed on the high Seas, and Offences 
 against the Law of Nations ; 
 
 To declare War, grant Letters of Marque .-nd 
 Reprisal, and make Rules concerning Caj^.turea 
 on Land and Water ; 
 
 To raise and support Armies, but no Appro- 
 priation of Money to that Use shall be for a 
 longer Term than two Years ; 
 
 To provide and maintain a Navy ; 
 
COXSTITUTION OF THE UNITED STATES. 
 
 93 
 
 To make Ruks for the Government and Regu- 
 l;it:on of the \i\ud aud naval Forces; 
 
 To provide for calliap; forth the Militia to 
 execute the Laws of the Union, suppress Insur- 
 rections and repel Invasions; 
 
 To provide for organizing, arming, and dis- 
 ciplining, the Militia, and for governing such 
 Part of ihem as may be employed in the Ser- 
 vice of the United States, reserving to the 
 States respectively, the Appointment of the 
 Officers, aud the Authority of training the 
 Milifia according to the Discipline prescribed 
 by Congress ; 
 
 To exercise exclusive Legislation in all Cases 
 whatsoever, over such District (not exceeding 
 ten Miles square) as may, by Cession of parti- 
 cular States, and the Acceptance of Congress, 
 become the Seat of the 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, Ar- 
 senals, Dock- Yards, and other needful Build- 
 ings; — And 
 
 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. 
 
 SECTION IX. 
 
 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. 
 
 The Privilege of the Writ of Habeas Corpus 
 shall not be suspended, unless when in Cases of 
 Fiebellion or Invasion the public Safety may re- 
 quire it. 
 
 No Eill of Attainder or ex post facto Law shall 
 be passed. 
 
 No Capitation, or other direct, Tax shall be 
 laid, unless in Proportion to the Census or Enu- 
 meration herein before directed to be taken. 
 
 No Tax or Duty shall be laid on Articles ex- 
 ported from any State. 
 
 No Preference shall be given by any Regula- 
 tion of Commerce or Revenue to the Ports of one 
 State ove-; those of another: nor thall Vessels 
 bound to, or from, one State, be obliged to enter, 
 clear, or pay Duties in another. 
 
 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. 
 
 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. 
 
 SECTION X. 
 
 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 Tcn- 
 d r in Payment of Dcbis ; pass any Bill of 
 Attainder, ex post facto Law, or i aw impairing 
 the Obligation of Contracts, or grant any Title 
 of Nobility. 
 
 No State shall, without the consent of the 
 Congress, layany Imposts or Duties on Imports 
 or Exforts, except what may be absolutely ne- 
 cessary for executing it's inspection Laws: and 
 the net Produce of all Duties and Impo ts, laid 
 by any State on Imports or Exports, shall be 
 for the Use of the Treasury of the United States ; 
 aud all such Laws shall be subject to the Revis- 
 ion and Controul of the Congress 
 
 No State shall, without the Consent of Con- 
 gress, lay any Duty of Tonnage, keep Troops, or 
 Ships of War in time of Peace, enter into an/ 
 Agreement or Compact with another State, or 
 wiih a foreign Power, or engage in War, unless 
 actually invaded, or in such imminent Danger 
 as will not admit of Delay. 
 
 ARTICLE II. 
 
 SECTION I. 
 
 The executive Power shall be vested in a 
 President of the United States of Amer ca. Ho 
 shall hold his Office during the Term of four 
 \''ears, and, together with the Vice President, 
 chosen for the same Term, be elected, as fol- 
 lows 
 
 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 bo 
 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 Elect, r. 
 
 [The Electors shall meet in their respective 
 States, and vote by Ballot for two Persons, of 
 whom one at least shall not be an Inhabitant 
 of the same State with themselves. And thoy 
 shall make a List of all the Persons voted for, 
 and of the Number of Votes for each ; which 
 List they shall sign and certify, and transmit 
 sealed to the Seat of the Government of the 
 United States, directed to the President of the 
 Senate. The President of the Scna-e shall, in 
 the Presence of the Senafe ai>d House of Rep- 
 resentatives, open all the Certificates, and the 
 Votes shall then be counted. The Perso' hav- 
 ing the greatest Number of Votes shall be t.je 
 President, if such Number be a Majority of the 
 whole Number of Electors appointed; and if 
 there be more ihan one who have such Majority, 
 and have an equal Number of Votes, then the 
 House of Representatives shall immediately 
 chuse by Ballot one of them lor President ; and 
 if no Person have a Majority, then from the 
 five highest on the List the said House shall in 
 like Manner chuse the President. But in 
 chusing the President, the Votes shall be taken 
 by States, the Representation from each State 
 having one Vote; A Quorum for this Purpose 
 sha'l 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. In every 
 Case, after the Choice of the President, (he Per- 
 son having the greatest Number of Votes of the 
 
94 
 
 CONSTITUTION OF THE UNITED STATES. 
 
 Electors slmU be the Vice President. But if 
 tlicre t^hoiiM remain t wo or more wlio have equal 
 Votes, the Senate shall chuse from them by 
 Ballot the Vice President •-] 
 
 The Congress may determine the Time of 
 chusing the Electors, and the Day on which 
 they shall give their Votes ; which Day shall be 
 the same throughout the Uniled IStates. 
 
 No Pe- son 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 Pre.-ident; neither shall any Per- 
 son be eligible to that Office who sh ill not nave 
 attained to the Age of thirty five Year.s, and been 
 fourteen Years a Resident within the United 
 States. 
 
 In Case of the Removal of the President from 
 Office, or of his Death, Resignation, or Inability 
 to discharge the Powers and Duties of the said 
 Office, the same shall devolve on the Vice Pres- 
 ident, and the Congress may by Law provide for 
 the Case of Removal, Death, Resignation, or In- 
 ability, both of the President and VicePresident, 
 declaring what Officer shall then act as Presi- 
 dent, and such Officer shall act accordingly, 
 until the Disability be removed, or a President 
 shall be elected. 
 
 The President shall, at stated Times, receive 
 for his Services, a Compensation, which shall 
 neither be encreased 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. 
 
 Before he enter on the Execution of his Office, 
 he shall take the following Oath or Affirma- 
 tion : — 
 
 " 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 Abil- 
 ity, preserve, protect and defend the Constitu- 
 tion of the United States." 
 
 SECTION 11. 
 
 The President shall be C^ommander 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 De- 
 partments, 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. 
 
 lie 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 
 
 * This clause of tlie Constitutinn lias been annulled. 
 Beo twelfth article of tlie unieaUiuent, page 'JO. 
 
 the President alone, in the Courts of Law, or in 
 the Heads of Departments. 
 
 The President shall have Power to fill up all 
 Vacancies that may ha pen during thoPtCcess of 
 the Senate, by granting Commissions which 
 shall expire at the End of their next Session. 
 
 SECTION III. 
 
 He shall from time to time give to the Con- 
 gress Information of the State of the Union, 
 and recommend to their Consideration such 
 Measures as he shall judge necessary and ex- 
 pedient; he may, on extraordiaary Occasions, 
 convene both Houses, or either of them, and in 
 Case of Di-^agreement between them, with 
 Respect to the Time of Adjournment, he may ad- 
 journ thera to such Time as he shall think 
 proper ; he shall receive Ambassadors and other 
 public Ministers; he shall take Care that the 
 Laws be faithfully executed, and shall Com- 
 mission all the officers of the United States. 
 
 SECTION 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, 
 
 SECTION 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. 
 
 SECTION II. 
 
 The judicial Power bhall extend to all ^ases, 
 in Law and Equity, arising under this Constitu- 
 tion, the Laws of the United States, and Treaties 
 made, or which shall be made, under their Au- 
 thority ; — to all Cases afi'ecting Ambassadors, 
 otter public Ministers, and Consuls ; — to all 
 Cases of admiralty and maritime Jurisdic- 
 tion ; — to Controversies to which the United 
 States shall be a Party ; — to Controversies be- 
 tweeatwoor more States; — between a State and 
 Citizens of another Mate ; — between Citizens of 
 dift'erent ttates, — 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. 
 
 In all Cases affecting Ambassadors, other 
 public j\Iinisters and Consuls, and those in 
 which a State shall be Party, the supreme 
 Court shall have original Jurisdiction. In all 
 the 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. 
 
 The Trial of all Crimes, except in Cases of 
 Impeachment, shall be by Jury ; and such Trial 
 shall be held in the State where the said Crimes 
 shall have been committed ; but when not com- 
 mitted within any State, the Trial shall be at 
 such Place or Places as the Congress Biay by 
 Law have directed. 
 
CONSTITUTION OF THE UNITED STATES. 
 
 95 
 
 SECTION III. 
 
 Treason against the United Stfv'.es, shall con- 
 si-t only in levying War against ihera. or in 
 adhering to their Eneniics;, givingthem Aid and 
 Comfort No Person sliall be convicted of 
 Treason unless on the Testimony ol' two Wit- 
 nesses to the same overt Act, or on Confession 
 in open Court. 
 
 The Congress shall have Power to declare 
 the Punishment of Treason, but no Attainder of 
 Treason shall work Corruption of Pdood, or For- 
 feiture except during the Life of the Person at- 
 tainted. 
 
 ARTICLE IV. 
 
 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 Pro- 
 ceedings shall be proved, and the Effect thereof. 
 
 The Citizens of each State shall be entitled to 
 all Privileges and Immunities of Citizens in the 
 several States. 
 
 A Person charged in any State with Treason, 
 Felony, or other Crime, who shall flee from .Jus- 
 tice, and be found in anot' er State, shall on 
 Demand of the executive Authority of the State 
 from which he fled, be delivered up, to be re- 
 moved to the State having Jurisdiction of the 
 Crime. 
 
 No Person held to Service or Labour in one 
 State, under the Laws thereof, escaping into 
 another, shall, in Consequence of any Law or Re- 
 gulation therein, be discharged from such Ser- 
 vice or Labour, but shall bedelivered up on Claim 
 of the Party to whom such Service or Labour may 
 be due. 
 
 SECTION III. 
 
 New States maybe admitted by the Congress 
 into this Union ; but no new State 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 Legislatures 
 of the States concerned as well as of the Con- 
 gress. 
 
 The Congress shall have Power to dispose of 
 and make all needful Rules and Regulations re- 
 specting the Territory or other Property belong- 
 ing to the United States ; and nothing in this 
 Constitution shall be so construed as to Preju- 
 dice any Claims of the United States, or of any 
 particular Slate. 
 
 SECTION IV. 
 
 The United States shall guarantee to every 
 State in this Union a Republican Form of Gov- 
 ernment, and shall protecteach of them against 
 Invasion; and on Application of the Legislature, 
 or of the Executive (when the Legislature can- 
 not 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 Ap- 
 plication of the Legislatures of two thinl-t of the 
 several States, shall call a Convention for pro- 
 posing Amendments, which, in eitherCase, shall 
 be valid to all Intents and Purposes, as Part of 
 this Constitution, when ratified by the Legisla- 
 tures of three fourths of the several Slates, 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 fii'st and fourth 
 Clauses in the Ninth Section of the first Article; 
 and that no State, without its Consent, shall bo 
 deprived of its equal Suffrage in the Senate. 
 
 ARTICLE VL 
 
 All Debts contracted and Engagements en- 
 tered into, before the Adoption of this Constitu- 
 tion, shall be as valid against the United States 
 under this Constitution, as under the Confede- 
 ration. 
 
 This Constitution, and (he Laws of the United 
 States which shall be made in Pursuance there- 
 of ; and all Treaties made, or which shall be 
 made, under the authority of the United States, 
 shnll be the supreme Law of the Land ; aud the 
 Judges in every State shall be bound thereby, 
 any Thing in the Constitution or Laws of any 
 State to the Contrary notwithstanding. 
 
 The Senators and Representatives before 
 mentioned, and the Members of the several 
 State Lfgislatures, and all exoLutive and judicial 
 Officers, both of the United Slates and of the 
 several States, shall be bound by Uath or Affir- 
 mation, to support this Constitution ; but no re- 
 ligious Test shall ever be required as a Qualifi- 
 cation 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 rati- 
 fying 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 thou- 
 sand seven hundred and Eighty seven and of 
 the Independance of the United States of 
 America the Twelfth In SSiliuss whereof 
 We have hereunto subscribed our Names, 
 0°: WASHINGTON, 
 Presidt and Deputy from Virginia 
 
 NEW nAMPSlDRE. 
 
 John Langdoi}, 
 Nicholas Gilman. 
 
 JDiSSACUUSETra. 
 
 Nathauicl Gorham, 
 Riifus King. 
 
 COXNECTICnT. 
 
 Wm. Satnl. Joliusou, 
 Rugcr Sherman. 
 
 NKW YORK. 
 
 Alexander Hamiiton. 
 
 NKW JERSEY. 
 
 Wil: I,ivin.i,'st<.D, 
 David Brearloy, 
 AVm. I'atcrsoii, 
 Jona. Daylun. 
 
 PENNSYLVANIA. 
 
 B. Franklin, 
 TlioniasMUlliu, 
 K(.bl. McJ*is, 
 Go<.: ClymcT, 
 Tim: litzsimons, 
 Jiu-od Ingersoll, 
 Junios Wilson, 
 Gouv: Morris. 
 
 DKL4WARB. 
 
 Geo: Read, 
 
 Gunning Bedford, Jiin'r, 
 John DicUiiisiiti, 
 Richard Rissell, 
 Jaco: Broom. 
 
96 
 
 CONSTITUTION OF THE UNITED STATES. 
 
 MJIKYIAND. SOOTH CAROUNA. 
 
 James Mc''oiiry, J. Rutleclee, 
 
 Itaii : olot. Tbos. Jenifer, Charles Cotesworth Pinckncy 
 
 Daul. Carroll. Cliarlos I'iiiokuey, 
 
 viRGi>aA. Pierce Butler, 
 J"bn Blair, 
 James Mmlison, Jr., Georgia. 
 
 NORTH CABOUKA 
 
 Wm. Blount, William Few, 
 
 Rich'cl Dobbs Spaight, Abr. Baldwin. 
 Hu. Willisfmson. 
 
 Attest: WILLIAM JACKSON, 
 
 Amendments. 
 
 Congress shall make no law respecting an es- 
 tablisbment 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. 
 
 ARTICLE II. 
 
 A well regulated Militia, being necessary to 
 the security of a free State, vhe right of the 
 people to keep and bear Arms, bball not be in- 
 fringed. 
 
 ARTICLE III. 
 
 No Soldier shall, in time of peace be quar- 
 tered in any house, without the consent of the 
 Owner, nor in time of war, but in a icanner to 
 be prescribed by law. 
 
 ARTICLE IV, 
 
 The right of the people to be secure in their 
 persons, houses, papers, and effects, against 
 unreason ible searches and seizures, shall not 
 be violated, and no Warrants bLiall issue, but 
 upon prubable cause, supported by Oath or 
 affirmation, and particularly describing the 
 place to be searched, and the persons or things 
 to be seized. 
 
 ARTICLE 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 iMilitia, when in actual L'ervice 
 in time of War or public danger ; nor shall any 
 person be subject for the same offence to bo 
 twice put in jeopardy of life or limu ; nor shall 
 be compelled in any Criminal Case to be a wit- 
 ness 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. 
 
 ARTICLE VI. 
 
 In all criminal prosecutions, the accused shall 
 enjoy the right ♦) 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 con- 
 fronted with the witnesses agninst him; to 
 Lave Compulsory process for obtaining Wit- 
 nesses in his favour, and to have the Assistance 
 of Cjunscl for his defence. 
 
 ARTICLE VII. 
 
 In Suits at common law, where the value in 
 controversy shall exceed twenty dollars, the 
 right of trial by jury shall be preserved, and 
 no f\ict tried by a jury shall be otherwise re- 
 examined in any Court of the United States, 
 than according to the rules of the common law. 
 
 ARTICLE VIII. 
 
 Excessive bail shall not be required, nor 
 excessive fines imposed, nor cruel and unusual 
 punishments inflicted. 
 
 ARTICLE IX. 
 
 The enumeration in the Constitution, of 
 certain rights, shall not be construed to deny 
 or disparage others retained by the people. 
 
 ARTICLE 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. . 
 
 ARTICLE 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. 
 
 ARTICLE 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 the government of the United 
 States, directed to the President of the Sen- 
 ate: — The President of the Senate shall, in 
 pr(^sence of the Senate and House of Repre- 
 sentatives, open all the certificates and the 
 votessliallthen be counted; — Thei)erson having 
 the greatest number of votes for President, 
 shall be the President, if such numljer be a 
 majority of the whole number of Electors ap- 
 pointed ; and if no person have such majority, 
 then from the persons having the highest num- 
 bers not exceeding three on the list of those 
 voted for as President, the House of Repre- 
 sentatives shall choose immediately, by ballot, 
 the President. But n choosing the President, 
 the votes shall be taken by states, the repre- 
 sentation 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 s'ates 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-Piesklent shall 
 
CONSTITUTIOX OF THE UXITED STATES. 
 
 97 
 
 act as President, as in the case of the death or 
 other constitutional disability of the President 
 The person having the greatest number of 
 votes as Vice-President, shall be the Vice 
 Pr'isident, 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 th" 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. But no person cons.itutionally in- 
 eligible to the office of President shall be 
 eligible to that of Vice-President of the United 
 States. 
 
 PROCEEDINGS OF THE CONVENTION WHICH FORMED 
 THE CONSTITUTION. 
 
 IN CONVENTION. 
 
 Monday, September 17, 1787. 
 
 Resolved, That the preceding Constitution be 
 laid before the United States in Congress assem 
 bled: and that it is the opinion of this Conven 
 tion that it should afterwards be submi ted to 
 a convention of delegates, chosen in each State 
 by the people thereof, under the recommenda 
 tion of its legislature, for their assent and rati 
 fication; and that each convention assenting to 
 and ratifying the same should give notice 
 thereof to the United States in Congress assem 
 bled. 
 
 Resolved, That it is the opinion of this Con 
 vention that, as soon as the conventions of nine 
 •"^tates shall have ratified this Constitution, the 
 United States in Congress assembled should 
 fix a day on which electors should be appointed 
 by the States which shall have ratified the same, 
 and a day on which electors should assemble to 
 vote for the President, and the time and place 
 for commencing proceedings under this Consti- 
 tution ; that- after such publication, the electors 
 should be appointed, and the Senators and 
 Representatives elected; that the electors should 
 meet on the day fixed for the election of the 
 President, and should transmit their votes, cer- 
 tified, signed, sealed, and directed, as the Con- 
 stitution requires, to the Secretary of the United 
 States in Congress assembled; that the Sena- 
 tors and Representatives should convene at the 
 time and place assigned; that the Senators 
 should appoint a President of the Senate, for 
 the sole purpose of receiving, opening, and 
 counting the votes for President; and that, after 
 he shall be chosen, the Congress, together with 
 the President, should, without delay, proceed to 
 execute this Constitution. 
 By the unanimous order of the Convention : 
 GO; WASHINGTON, President. 
 William Jackson, Secretary. 
 
 LETTER OP THE CONVENTION TO THE OLD CON- 
 GRESS. 
 
 IN CONVENTION. 
 
 September 17, 1787. 
 Sir : We have now the honor to submit to the 
 consideration of the United States in Congress 
 
 assembled, that Constitution which has ap- 
 peared to us the most advisable. 
 
 The friends of our country have long seen 
 and desired that the power of making war, 
 peace, and treaties ; that of levying money, and 
 regulating commerce, and the correspondent 
 executive and judicial authorities, should be 
 fully and effectually vested in the General Gov- 
 ernment of the Union ; but the impropriety of 
 delegating such extensive trust to one body of 
 men is evident ; hence results the necessity of a 
 different organization. 
 
 It is obviously impracticable in the federal 
 government of these States to secure all rights 
 of independent sovereignty to each, and yet 
 provide for the interest and safety of all. Indi- ^ 
 viduals entering into society must give up a 
 share of liberty to preserve the rest. The mag- 
 nitude of the sacrifice must depend as well on 
 situation and circumstance as on the object to 
 be obtained. It is at all times difficult to draw 
 with precision the line between those rights 
 which must be surrendered and those which 
 may be reserved ; and on the present occasion, 
 this difficulty was increased by a difference 
 among the several States as to their situation, 
 extent, habits, and particular interests. 
 
 In all our deliberations on this subject, we 
 kept steadily in our view that which appears 
 to us the greatest interest of every true Ameri- 
 can — the consolidation of our Union — in which 
 is involved our prosperity, felicity, safety, per- 
 haps our national existence. This important 
 consideration, seriously and deeply impressed 
 on our minds, led each State in the Convention 
 to be less rigid on points of inferior magni- 
 tude than might have been otherwise expected ; 
 and thus the Constitution which we now preset 
 is the result of a spirit of amity and of that 
 mutual defei-ence and concession which the 
 peculiarity of our political situation rendered 
 indispensable. 
 
 That it will meet the full and entire appro- 
 bation of every State is not, perhaps, to be ex- 
 pected; but each will doubtless consider that, 
 had her interest been alone consulted, the con- 
 sequences might have been pai-ticularly disa- 
 greeable or injurious to others. That it is 
 liable to as few exceptions as could reasonably 
 have been expected, we hope and believe. 
 That it may promote the lasting welfare of that 
 country so dear to us all, and secure her free- 
 dom and happiness, is our most ardent wish. 
 
 With great respect, we have the honor to be, 
 sir, your excellency's most obedient, humble 
 servants. 
 
 By unanimous order of the Convention : 
 
 G°: WASHINGTON, President. 
 His Excellency the President of Congress. 
 
 proceedings in the old congress, 
 united states in congress assembled. 
 Friday, September 28, 1787. 
 Present — New Hampshire, Massachusetts, 
 Connecticut, New York, New Jersey, Pennsyl- 
 vania, Delaware, Virginia, North Carolina, 
 South Carolina, and Georgia ; and from Mary- 
 land, Mr. Ross. 
 
98 
 
 CONSTITUTION OF THE " CONFEDERATE " STATES. 
 
 Congress having received the report of the 
 Convention lately assembled in Philadelphia — 
 
 Rexolved, unanimoush/. That the said ropovt, 
 with the resolutions and letter accompanying 
 the same, be transmitted to the several legisla- 
 tures, in order to be submitted to a convention 
 of delegates chosen in each State by the peo- 
 ple thereof, in conformity to the resolves of the 
 Convention made and provided in that case. 
 
 CHARLES THOMSON, Secretary 
 
 Constitution of the " Confederate " 
 States. 
 
 In framing the Constitution of the so-called " Confederate 
 States of America," its authors, in nearly all its parts, have 
 adopted the precise language of the Constitution of tlie 
 United States, and have followed the same order of arrange 
 ment in its articles and sections throughout. The two 
 Constitutions, however, differ in many particulars, aud it is 
 designed, ill this cliapter, to exhibit clearly the points of 
 difference between them. 
 
 The preamble is changed in the following respects : the 
 words "i/'rtiied States," near the beginning, are stricken 
 out, and the following woids inserted in their place : "Con- 
 federate States, each State acting in its sovereir/n and inde- 
 pendent character ;^' also, the words " more perfect union" 
 are stricken out, and the words ''permanent fe'ieral govern- 
 ment" ins. :: ted i:\ their place; also, the following words 
 are omitted : "provide for the common defence, promote the 
 general welfare;" also, after the word "posterity," tlie fol- 
 lowing words are inserted: " invoking the favor and gui- 
 dance of Almighty God;" also, the word "Confederate" 
 takes the place of " United," preceding the word "States." 
 This Last change takes place throughout the entire instru- 
 ment, with a single exception, which will be noted in the 
 appropriate place. 
 
 ARTICLE I. 
 
 Section 1. The word '^granted" is stricken out, and the 
 word "delegated" inseried in its place ; also, the word 
 "United," preceding the word -'States," is stricken out, and 
 the word "Confederated" inserted in its place. 
 
 tECTiON 2. This section is changed as follows : in the first 
 paragraph, after the words "iraeac^ State shall," the fol- 
 lowing words are inserted : " be citizens of the Confederate 
 Slates, and" ; ulso, the Ibllowing words are added to this 
 paragraph: "but no person of foreign birth, and not a 
 citizen of the Confederate States, shall be allowed to vote for 
 any officer, civil or political, ktate or federal." 
 
 In the second paragraph, the words •'6cera seuere 2/ear« a 
 citizen of the United" are stricken out, and the words ''be a 
 citizenofthe Confederate" inserted in place of them. 
 
 In the third paragraph the word "Creiow" is stricken 
 out, and the word "Confederacy" substituted; also the 
 words '■ other persons" are stricken out, and the word 
 '•staves" .substituted; also, the word "thirty." preceding 
 the word ''thousand," is stricken out, and the woid "fi/ty" 
 substituted; also, all the words in this p;iraj;rapli af.er 
 the words " the State of" are stricken out, and the f llow- 
 ing words substituted: "South Carolina shall be entitled to 
 choose six, the State of Georgia ten, the State of AhUmma 
 nine, the State of Flortdatwn, the Staleof Mississippi seven, 
 tfie State of Louisiana six, and the State of Texas six. ' ' 
 
 Nochange is made in tbo fourth paragraph, and the fifth 
 paragraph is changed by adding the following words : " ex- 
 cept that any jwncial or other federal officer resident and 
 acting solely withinthe limits of any State, m^y be impeached 
 by a vote of two thirds of both branches of the Legislature 
 ifiereof" 
 
 Section 3. In the first paragraph, after the words "thereof 
 for six years," the words '• at the regular session next im- 
 mediately preceding the commencement of the term of service ' ' 
 are inserted. 
 
 No change is made in the s^cnni paragraph. In the 
 third paragraph the words "been nine years a citizen of 
 the United" are stricken out, and tho words ''tea citizen 
 of tlie Confederate" substituted. 
 
 Section 4. Tho first paragraph of this section is changed 
 by inserting the words "subject to tlie provisions of this 
 Constitution" between the word "thereof" and the word 
 ♦' but." Also, the words " times and" arc inserted near the 
 close, before the word "places." 
 
 Section 5. In the second paragraph of this section, the 
 words "of tite whole number " are inserted, between the 
 irord "two-thirds" and the word "expel." 
 
 Section 6. This section is changed by striking out the 
 
 word "felony " after the word " treason" in the fir?t para- 
 gr.>ph, 
 
 Tho second paragraph is changed by adding thereto ihe 
 folli.wiui; words : " But Congress may. by law i,r :r>t to the 
 principal officer in ea^h of ihe executiiK departments a set 
 upon the floor of either House, with the privilege of discuts- 
 ing any measures appertaining to his department" 
 
 Section 7 Tho frllowingjhanpes are made in this sec- 
 tion : In the second paragraph tho words " the House of Hep- 
 resentaiires and tin Senate." aro Btrioken out, and th • wurda 
 "both Houses" .<;ubsii uted ; also the word "such" is in- 
 serted between tho word " all" and the word "cases ;" also 
 the following word'* areadiled to tho end of this para;Tapli : 
 •• The President may approve any appropriation and disap- 
 prove any other appropriation in the same bill. In such 
 case he shall, in signing the bUl, designate the appropria- 
 tions disapproved, and shall return a copy of such appro- 
 priations, with his ol.jections, to the Home 'in which the bill 
 shall have originated ; and the sam". proceedinqs shall then" 
 be had as in case of other bills disapproved by the Presi- 
 dent." 
 
 The third paragraph is changed by striking out the words 
 " The Senate and House of Reprctentatiics' in both places 
 where 1 hey occur, and inserting in their places, in both 
 cases, the words '"toj/i i/oMses;" also by substituting the 
 word " mn//" for the word "shall" after the words " dii- 
 approved by him." 
 
 Section 8. In the first paragraph, after the word " excises" 
 the wttTds '• for revenue necessary" are inserted ; also the 
 word " and" after the word " debts" is omitted ; alsT the 
 words ''and general welfare of the United States; but" are 
 stricken out, uud the following words substituted : " and 
 carry on the government of the Confederate States ; but no 
 bounties shall be granted from the treasicry, nor shall any 
 duties or taxes on importations from foreign nations le laid 
 to promote or foster any branch of industry ; and" 
 
 Tij9 third paragraph is changed by adding thereto tho 
 followin.,' words: "but neither this, nor any other clause 
 contained in Vie Constitution, shall ever be construed to del- 
 egate the power to Congress to appropriate money for any 
 internal improvement intended to facilitate commerce; ex- 
 cept for the purpose of furnishing lights, beacons, and buoys, 
 and other aids to navigation upon the coasts, andthe improve- 
 ment of harbors, and the removing of obstructions in river 
 navigation ; in all such cases such duties shall be laid o.i the 
 navigation facilitated thereby, as may be necessary to pay 
 the costs and expenses thereof." 
 
 The fourth paragraph is changed by adding thereto the 
 fol lowing words: " Imt no law of Congress shall discharge any 
 debt contracted before the passage of the same." 
 
 Tho seventh piragraph is changed as fjlluws: tho list 
 word " roads'' is changed to "routes," and the f llowing 
 words added thereto: "but the expenses of the, Post-offlce 
 Department, after the first day of March, in tlie year of our 
 Lord eighteen hundred and sixty-three, shall be paid out of 
 its own revenues" 
 
 In the fifteenth paragraph, the word " Union" is stricken 
 out, and the words ■■ the Confederate Stales" substituted. 
 
 Section 'J. The whole of the first para,raph is stricken 
 out, and the fdlowing words substituted therefor : " The 
 importation of negroes of the African race from any foreign 
 country other than the slaveholding States or territoi-ies of 
 the United States of America is hereby forbidden; and Con- 
 gress is required to pass such laws as shall effectually prevent 
 the same. Congress shoU ulso have power to prohibit the in- 
 troduction of slaves from any State not a member of, or 
 territory not belonging to, this Confederacy."* 
 
 In luo third pai agrap:), after the word '-Zaw," the words 
 " or law denying or impairing the right of property in negro 
 slaves" arc inserted. 
 
 Tho fillh paragraph is cha-iged by adding thereto the fol- 
 "owing words : " except hy a vote of two thirds of both 
 
 The sixth paragraph is changed by the omission of all, 
 after tho word " another." 
 
 Tho following clauses are inserted after the seventh 
 liiiragraph : " Congress shall appropriate no money from the 
 treasury except by a vote if two thirds of both Houses, taken 
 by yeas and nays, unless it be asked and estimated for by some 
 one of the heads of departments and submitted tj Congress by 
 the President ; or for the purpose of paying its own expenses 
 and contingencies ; or for the payment of claims against the 
 Confederate Slates, the justice of ivhich shall have been judi- 
 cially declared by a tribunal for the investigation of claims 
 against the Government, which it is hereby made the duty of 
 Congros to establish." 
 
 "AH bills apiyropriatinfi money shall specif y in Federal 
 currency the exact amount of each ajiproprialion and the 
 
 * This provision is said to have been adopted as a part of 
 the Permanent Constitution, by tho vote of the Mates of 
 Georgia, Alabama, Lniisiana, and Mississippi, against that 
 of South Carolina and Florida. 
 
CONSTITUTION OF THE "CONFEDERATE" STATES. 
 
 99 
 
 f^r ivhi^h it is made ; and Congress shall nranl no 
 extra coiiipcnsati ni 1 1 any public contractor, officer, bje/tJ, or 
 s.rvant, c/^.r such conlraci shall have been made or such ser- 
 vice rendered." 
 
 This s;cUj:i is farther changed by adcUug to it tho first 
 ei-'bt amendments to the Constitution cf the L'riitoU t lates, 
 followed by this paragraph : '• Every law or raolulvin hav- 
 ing the force of law, shall relate to but one subject, and thai 
 shall be expressed in tlie lille." 
 
 SEcnox 10. Ihe first paragraph is changed by striking 
 out the followiag words: ^'^ emit bills of credit;" also by 
 inserting tho word " or" between the word ^^ attainder" 
 and the words " ex post facto." 
 
 The third paragraph is chai.ged by inserting after the 
 word " tonnage," the following words: '• except on seagoing 
 vessels, for the improvement of its ricers and harbors navi- 
 gated by the said vessels ; but such dulies shall nut conjlicl 
 with any treaties of the Confederate Stales with foreign na- 
 tions ; anl any surplus of revenue thus derived shall, after 
 making such improvement, be paid into the common Treas- 
 ury ; nor shall any State" . Also tho following clause is 
 ridded to this paragraph : " But when any riccr divides or 
 flows through two or mere States, they may enter into com- 
 pacts with each oilier to improve the navigation thereof " 
 
 ARTICLE n. 
 
 Section 1. The first paragraph is so altered as to read as 
 follows : " Ihe executive power shall be vested in a President 
 of the Confederate States of America. He and the Vice 
 President ahall hold their offices f^r the term <f six years ; 
 but the Preidenl shall not be re-eiijible. The President and 
 Vice President shall be elected asfoliou:s :" 
 
 The third paragraph is stricken out, and the twelfth arti- 
 cle of the auiendrnents to the Cousiitutiou of the United 
 States substituted. 
 
 The filth paragraph is changed in the following respects : 
 the words '■'■ or a citizen of the United States" are stricken 
 out, and the words " of the Confederate States, or a citizen 
 thereof" substituted ; also alter tho word " Constitution," 
 tje loliowiug words arc iuscrtei : "or a citizen thereof 
 bom in the United States, prior to the 20th of December, 
 186J ;" also the words " United States' at tue close of t.ie 
 paragraph, arc stricken out, and the words " limits of the 
 Confederate States, as they may exist at the time of his elec- 
 tion" are substituted. 
 
 The eighth paragraph is changed by substituting the 
 word '^enters" for the word " enter." 
 
 The last paragraph is changed by striking out the words 
 *' of the United States" at the close, and substituting the 
 word " thereof.' 
 
 Section 2. the second paragraph is changed by adding 
 thereto the words loUowing : " The principal officer in ewh 
 of the executive departments, and all persons connected wt:h 
 the diplomatic sei%-ice, may be removed from office at the 
 pleasure of the President. All other civil officers of the ex- 
 ecutive department may be removed at any lime by the Pres- 
 ident, or other appointing power, when their services are 
 unnecessary, or for dishonesty, incapacity, inefficiency, mis- 
 conduct, or neglect of duty ; and when so removed, tlie re- 
 moval shall be reported to the Senate, together with the 
 reasons therefor." 
 
 The third paragraph is changed by dropping the word 
 ^^up" after the word ^'■filV 
 
 Section 3. This section is changed in the following res- 
 pects: the first word '-fle" is stricken out and the words 
 " T/te President' substituted; also the word ''Union" is 
 stricken out and the word "Confederacy" substituted. 
 
 ARTICLE III. 
 
 Section 1. In this section the word " supreme" is stricken 
 out and the word " Superior" substituted in the first sen- 
 tence of the first paragraph. 
 
 Section 2. This section is changed as follows : after the 
 cWm^" citizens of another State," ihei following clause is 
 inserted : " wlure the State is plaintiff;" also the ne.xt s mple 
 sentence is changed by inserting the words " claiming 
 lands under grants" heUxeen the word "citizens" and the 
 word '• of ;" also the following clause is stricken out: ■' be- 
 tween citizens of the same State claiming lands under grants 
 of different States ;" a.\so the t'ono-mins clause is added to 
 tho first paragraph : " but no State sliall be sued by a citi- 
 zen or subject of any foreign State;" also in the first part of 
 this paragraph the following clauses: '-in law and equity," 
 and " arising under this Constitution," are transposed. 
 
 Ij the third paragraph, in the clause "where the said 
 crimes shall have been committed," the word ''crimes' is 
 changed to the word "crime." 
 
 ARTICLE IV. 
 SEcnoN 1. No change. 
 
 Section 2. The first paragraph is changed by adding 
 tliereto the following clause.^ : "and shaU have the right o/ 
 
 transit and sojourn in any State of this Confederacy, laifh 
 their slaves and other property ; and the right of property 
 in such Slavs shail not be thereby impaired." 
 
 The third paragraph is changed iu the f.'Uowing respects : 
 after the first word "iVb" the words "slaveor" are in- 
 serted; also the words '-one State" are stricken out, and 
 the words "any Stateor Territory of the Confederate States" 
 are substituted ; also, after the word " escapi),g " the words 
 '■or lawfu'ly carried into" are inserted; also the words 
 '• slave belongs, or to whom such " are inserted between the 
 word "suc/i" and the word " sertiice," near the close of the 
 paragraph. 
 
 Section 3. The first paragraph is changed by striking 
 out all the w.nds to a;;d i.:cluding the word " Union," and 
 substituting the words " Other Stales may be admitted into 
 this Confederacy by a vote of two thirds of the whole House 
 of Representatives and two thirds of the Senate, the Senat: 
 voting by States." 
 
 Tho second paragraph is changed by striking out all after 
 the word " regulations' ' and inserting the following clauscrs : 
 " concerning theproperty of the Confederate States, iticluding 
 the lauds thereof." 
 
 " Tiie Confederate States may acquire new territory, and 
 Congress shall h ve power to legislate and provide govern- 
 ments for the inhabitants of all territory belonging to the 
 Con federate States lying without the limits of the several 
 Sia,es,and may piennit them, at such times and in such 
 manner as it may by law provide, to form States to be ad- 
 mitted into the Confederacy. In all such territory the in- 
 stitution of negro slavery as it now exists in the Confederate 
 Statf-3 shall be recognized and protected by Congress and by 
 the territorial government, ana the inhabitants of the several 
 Confederate States and territories shall have ihe right to tale 
 to such territory any slaves lawfully held by them in any of 
 the States or Territories of the Confederate States." 
 
 Section 4. This section is changed as follows: the words 
 •' in this Union " are stricken out, and tho words "that noio 
 is, or hereafter may become, a member of this Confederacy " 
 iuseUed: also, after the word "Legislature," the words 
 "cannot be convened" are dropped, and the words '' is not 
 in session," substituted ; also this entire section is omitted, 
 as a sectioTi, and placed at the end of section 3, as a par- 
 agraph thereof. 
 
 ARTICLE V. 
 
 This article is stricken out entirely, and the following 
 suljstituted: " Upon the demand of any three States, legally 
 assembled in their several Conventions, tlie Congress shall 
 summon a Convention of all the States, to take into consideror 
 tion such amendments to the Constitution as the said States 
 shall concur in suggesting at ihe time when the said demand 
 is made ; and s/iould any of the proposed amendments to the 
 Constitution be agreed on by the said Convention— voting by 
 States — and the same be ratified by the Legislatures of two- 
 thirds of the several States, or by Conventions in two-thirds 
 thereof— as the one or the other mode of ratif cation may be 
 j)roposcd by the general Convention — they shall henceforward 
 form a part of this Constitution. But no State sliall, without 
 its consent, be deprived of its equal represeidation in the 
 Senate." 
 
 ARTICLE TI. 
 
 This article is preceded by the following parapraph : 
 " The Government established by this Constitution is the suc- 
 cessor of the Provisional Government of the Confederate 
 States of America, and all laws passed by the latter shall 
 continue in force until the same sh .11 be repealed or modified ; 
 and all the crfficers appointed by the same shall remain i>i 
 office until their successors are appointed and qualified or 
 the offices abolished." 
 
 The first paragraph is changed by striking out the word 
 " Confederation" ani substituting the words " Provisional 
 Government." 
 
 In the second parapraph, the words "which sliall he" 
 following the word " States" are stricken out. 
 
 This article is also chaugeil by adding thereto the 9th and 
 10th articles of the Amendments to the Constitution of the 
 United States, as two additional paragraphs, after adding 
 to the 9ih Article the words : " of the several States." 
 
 ARTICLE Til. 
 
 The first paragraph is changed by substituting the word 
 "five" for tho word "7iine' preceding the word "States." 
 
 Also the following paragraph is added to the foregoing 
 as amended : 
 
 " When five States shall have ratified this Constitution, in 
 the manner before specified, the Congress under the Provis- 
 ional Const ituiion shall prescribe the time for holding the elec- 
 tion of President and Vice President ; and for the meeting of 
 the electoral college; and for coutding the votes and inaugu- 
 rating the President. They shall also prescribe the time for 
 holding the first election of members of Congress under this 
 Constitution, and the time for assembling tlie same. Until th» 
 
100 
 
 INDEX TO CONSTITUTIONS. 
 
 assemhling of such Congress, tJie Congras under the provis- 
 ional Constitution shall continue to exercise the legislative 
 powers granted them, not extending beyond the time limited 
 by tlie Constitution of the Provitional Oovemnient." 
 
 The final paragraph : " Done in convention hy the unani- 
 mmts consent," kc, is omitted, and the words fillowing 
 Bubstituted : " Adopted unaninuntsly, March 11, 1801." 
 
 Index to the Constitution of the Uni- 
 ted States, and of the " Confederate" 
 States. 
 
 U. S. "C." s. 
 
 Arts and Sciences, to be promoted 
 
 Acts, records, and judicial proceedings 
 of each Stale entitled to faith and 
 credit in other States 
 
 Amendments to the Constitution, how 
 made 
 
 Appointments to be made by the Pres- 
 ident 
 
 Apportionment of representatives 
 
 Appropriations by law , 
 
 Appropriations for Army not to exceed 
 two years 
 
 Armies, Congress to raise and support, 
 
 Arms, right of people to levy and bear. 
 
 Assemble, people may 
 
 Attainder, bill of, prohibited to Con- 
 gress 
 
 prohibited to the States 
 
 of treason shall not work corruption 
 of blood, or forfeiture except &c.... 
 
 Appropriation fciUsmay be approved in 
 part and disapproved in part 
 
 B. 
 
 Bail, excessive, not to be required 
 
 Bankruptcy laws to be uniform 
 
 Bills for raising revenue shall originate 
 
 in the House of Representatives 
 
 before tbny become laws, shall be 
 passed by both houses and approv- 
 ed by President ; or, if disapproved, 
 Shall be passed by two-thirds of 
 
 each house . 
 
 not returned in ton days, unless an 
 adjournment intervene, shall be 
 laws 
 
 Boi-row money. Congress may 
 
 Bounties cannot be granted from the 
 treasury 
 
 C. 
 
 Capitation tax, apportionment of. 
 
 Census, to bo made every ton years 
 
 Citisens of each State to bo entitled to 
 the privileges of citizens in the sev- 
 eral States 
 
 of one State not to sue those of anoth- 
 er in Confederate courts 
 
 Claims, no prejudice to certain 
 
 Court of, to be established 
 
 Coasting trade, regulated 
 
 Coins, Congress to flx value of foreign... 
 
 Commerce, Congress to regulate 
 
 such regulations to be uniform 
 
 Commissions to be granted by the Pres- 
 ident 
 
 Crmmon Zaw recognized and established 
 Congress vested with legislative power., 
 may alter the regulations of State 
 legislatures concerning elections of 
 Senators and Representatives, ex- 
 cept as to place of choosing Sena- 
 tors 
 
 also, except as to time and place of 
 
 choosing Senators 
 
 shall assemble once a year 
 
 officers of Government cannot be 
 
 members of. 
 
 may prescribe for cafies of removal, 
 death, &c., of President and Vice- 
 President 
 
 may determine the time of chousing 
 
 Art. Sec. Art 
 
 U.S. I "C" 
 
 Art. Sec. Art.] Sec. 
 
 electors of President and VicePn-s- 
 ident 
 
 may invest the appointment of infe- 
 rior officers in the President alone, 
 in the courts of law, or the heads 
 of departments 
 
 may cstabli.-'h courts inferior to the 
 Supreme Cpurt 
 
 may declare the punishment of trea- 
 son 
 
 may prescribe the manner of proving 
 the acts and records of each State... 
 
 to assent to the formation of new 
 States 
 
 may propose amendments to Consti- 
 tution, or call convention 
 
 to lay and collect taxes 
 
 to borrow money 
 
 to regulate commerce 
 
 to establish uniform laws of bank- 
 ruptcy and navigation 
 
 to coiu money, regulate the value of 
 coin, and fix the standazd of 
 weights and measures 
 
 to punish counterfeiting 
 
 to constitute tribunals inferior to the 
 Supreme Court 
 
 to punish pirac:es, felonies on the 
 high seas, and offences against the 
 laws of nations , 
 
 to establish post offices and post 
 roads, (or routes) 
 
 to authorize patents to authors and 
 inventors 
 
 to declare war, grant letters of 
 marque, and make rules concern- 
 ing captures 
 
 to raise and support iirmies 
 
 to provide and maintain a navy 
 
 to mako rules for the government of 
 the army and navy , 
 
 to call out the militia in certain 
 
 to pass laws necessary to carry the 
 
 enumerated powers into effect 
 
 to dispose of and make rules con- 
 cerning the territory or other prop- 
 erly of the government 
 
 President may convene and adjourn, 
 
 in certain cases 
 
 shall not appropriate money unless 
 it be estimated for by the head of a 
 deparluient and submitted by the 
 Pre.sident, unless by a vote of two 
 thirds of both Houses — or to pay 
 its own expenses, or claims against 
 
 the Confederacy 
 
 C.mphisation, extra, to contractors, 
 
 officers, &c., not to bo granted 
 
 Compacts between two or more States 
 may be entered into, to improve 
 navigation of rivers in certain 
 
 cases 
 
 Constitution, how amended 
 
 laws and treaties declared to be the 
 
 supreme law 
 
 number of States to ratify to render 
 
 oper.itivo 
 
 Contracts, no law impairing 
 
 Conventions for proposing amendments 
 
 to the Constitution 
 
 Counterfeiting, Congress to provide for 
 
 punishment of. 
 
 Court, Supreme, its original and appel- 
 late jurisdiction 
 
 Courts, inferior to the Supreme Court, 
 
 may be ordained by Congress 
 
 Ditto Ditto 
 
 Crimes, persons accused of, fleeing from 
 
 justice, may bo demanded 
 
 How to be tried 
 
 Criminal prosecutions, proceedings in.. 
 
 Debts against the Confederaticm to be 
 valid 
 
 against the Provisional Governm't 
 Duties to be levied by Congress, and to 
 
 2 
 
 2 
 
 3 
 
 1 
 
 3 
 
 3. 
 
 4 
 
 1 
 
 4 
 
 3 
 
 5 
 
 1 
 
INDEX TO CONSTITUTIONS- 
 
 101 
 
 V. S. |"C." 
 
 Art. Sec. Art. Sec. 
 
 be uniform 
 
 Duties, hivWier provision respecting.... 
 
 caunot be 1 vied by the States 
 
 on expi rts prohibited 
 
 on exports may bo authorized by 
 
 two thirds vote 
 
 on imports and exports imposed by 
 
 States, shall enure to the treasury 
 
 of the General Goverimiont 
 
 may not be laid on imports to foster 
 
 any branch of industry • 
 
 E. 
 
 Elections of Senators and Kepresenta- 
 tlvcs shall be prescribed by the 
 
 States 
 
 qualifications and returns of mem- 
 bers of Congress to be determined 
 
 by each House 
 
 Electors of President and Yice Presi- 
 dent, how chosen, and their duties 
 altered (see 12th amendment) to vote 
 the same day throughout the Uni- 
 ted (or Confederate) States... 
 
 no !^enator, or Representative, or 
 
 public officer shall servo as 
 
 Enumeration every ten years 
 
 first within three years 
 
 Executive power vested in a President, 
 
 (see President,) 
 
 Exports, not to be taxed 
 
 may be, by two-thirds vote 
 
 Expost facto law, not to be passed 
 
 prohibited to States 
 
 Fines, excessive, prohibited 
 
 Fugitives, from justice, to be delivered 
 
 up 
 
 from service, to be delivered up 
 
 Habeas Corpus, writ of, can only be 
 suspended in cases of rebellion or 
 invasion 
 
 House of liepreientalices — (see Repre- 
 sentatives.) 
 
 Heads of Executive Departments may be 
 allowed to have seats in either 
 House for certain purposes 
 
 I. 
 
 Impeachmenl to be brought by House 
 of Representatives 
 
 tried by the Senate 
 
 judgment on 
 
 all civil ofBccrs liable to 
 
 any judicial or other federal ofQcers 
 resident and acting solely in any 
 State, liable to, by two-thirds vote 
 
 of leg.slatLire thereof 
 
 Importation of Slaves, not prohibited 
 till 1808 
 
 prohibited 
 
 Internal Improvements, Congress shall 
 not have power to appropriate 
 money for 
 
 J. 
 
 Judges shall hold their offices during 
 
 good behavior 
 
 their compensation 
 
 Judiciary, tribunals inferior to the Su- 
 preme Court may be erected 
 
 Judicial Power vested in a Supremo 
 Court (or Superior Court) and in- 
 ferior courts 
 
 powers of the judiciary 
 
 restrictions as to suits against a State 
 
 Judicial Proceedings of each 8tato are 
 entitled to cre<lit in all 
 
 Jury <riaJ secured, and shall be held 
 in the State whore the crime shall 
 have been committed 
 
 Art. Seel Art. Sec 
 
 Jury trial, '"'rther regi'!iU!d 
 
 secured in suits at common law 
 where the value in controversy 
 shall exceed twenty dollars 
 
 Law, what is declared the supremo 
 
 commou, recognized and established 
 President to see faithfully executed. , 
 of the Provisional Government to be 
 
 valid 
 
 every, shall relate to tutonc subject, 
 
 which its title shall express 
 
 Legh'lative powers yest^iX in Congress. 
 
 (See Congress.) 
 Loans, authority to make 
 
 M. 
 
 Marque and reprisal, letters of 
 
 Militia, to be called out 
 
 to be officered by the .'-tates 
 
 to be commanded by the President. , 
 their right to keep and bear arms 
 
 secured 
 
 Money shall be drawn from the treas- 
 ury only by appropriation laws 
 
 Congress to coin and regulate value 
 
 of 
 
 States cannot coin 
 
 N. 
 
 Naturalization, uniform rules of. 
 
 Navy. Congress to provide and govern.. 
 
 Nobility, titles of, not to be granted by 
 
 the United (or Confederate) States 
 
 nor by the States 
 
 O. 
 
 Officers of tho House of Representa- 
 tives to be chosen by the House.... 
 of the Senate to be chosen by the 
 
 Senate , 
 
 civil, may be removed by impeach- 
 ment 
 
 Ordec of one house requiring the con- 
 currence of the other 
 
 Oath of the President 
 
 of the public officers 
 
 P. 
 
 Pardons, President may grant 
 
 Patents to be granted to inventors , 
 
 Petition, right of 
 
 Persons held to service or labor, their 
 importation or migration into the 
 United States may be prohibited 
 
 after 1£08 
 
 escaping from one State into another 
 
 shall be delivered up 
 
 or lawfully carried from one State 
 to another 
 
 Piracy, Congrcts to prescribe punish- 
 ment for 
 
 Post offices and post roads (and routes,) 
 establishing of. 
 
 Post offlce Department to be self-sustain- 
 ing after 1st of March 1863 , 
 
 Powers not delegated to Congress nor 
 prohibited to the States are re- 
 served 
 
 legislativc,(see Congress ;) executive, 
 (see President ;) judicial, (see Judi- 
 cial.) 
 
 Presents from foreign powers to public 
 officers prohibited , 
 
 Press, freedom of secured 
 
 President of the United States and of 
 the Confederate States vested with 
 
 executive power 
 
 sha'l bo chosen for four years 
 
 shall bo chosen for six years , 
 
 hovr elected 
 
 qualiflcationsfor. 
 
102 
 
 INDEX TO COXSTITUTIONS. 
 
 President, not re-eligible ... 
 
 wlio shall act in case of vacancy 
 
 cotnponsatioii of. 
 
 shall take an oath of office 
 
 may be removed by impeachment.... 
 
 President, commander of army, navy, 
 
 and militia 
 
 may require the written opinions of 
 heads of departments 
 
 may reprieve and pardon 
 
 may make treaties with consent of 
 the Senate 
 
 may appoint to office with consent of 
 the Senate 
 
 shall fill vacancies happening during 
 the recess of the Senate 
 
 shall give information to Congress 
 and recommend measures 
 
 may convene both Houses or either 
 House 
 
 may adjourn them in case of disa- 
 greement 
 
 shall receive embassadors and pub- 
 lic ministers 
 
 shall take care that the laws arc 
 faithfully executed , 
 
 shall commission all officers 
 
 Privileges and immunities of members 
 ol Congress 
 
 of citizens , (see Citizens ; also, Rights.) 
 
 Property, Congress to provide fur care 
 
 of public 
 
 shall not be taken for public use 
 without just compensation 
 
 Congress shall pass no law impairing 
 or denying the right of, in slaves... 
 Punv:hment, cruel and unusual, pro- 
 hibited 
 
 Q. 
 
 Quorum for business, what shall bo a 
 of Statea, in choosing a President by 
 
 the House of Representatives 
 
 Quartered — No soldiers to be quartered 
 
 upon a citizen 
 
 E. 
 
 Reetipts and expenditures, accounts of, 
 
 to be published 
 
 Rtcords, how to be authenticated 
 
 Religion — no law to be made ; free ex- 
 ercise of. 
 
 religious test not requirerl 
 
 Reprieves granted by the President 
 
 Representatives, House of, members of 
 chosen every second year 
 
 qualifications of members of. 
 
 apportionment of. 
 
 vacancies, how supplied 
 
 shall choose their officers , 
 
 shall have the power of impeach- 
 ment 
 
 shall be the judge of the election and 
 qualification of its members 
 
 what shall be a quorum 
 
 any number may adjourn, and com- 
 pel the attendance of absentees 
 
 may determine the rules of proceed- 
 ing 
 
 may punish or expel a member , 
 
 Bhall keep a journal and publish, ex- 
 cept parts requiring secrecy 
 
 shall not adjourn for more than three 
 days, nor to any other place, with- 
 out the consent of the Senate 
 
 one fifth may require the yeas and 
 Bays 
 
 shall originate bills for raising reve- 
 nue 
 
 compensation to be ascertained by 
 law 
 
 privileged from arrest, except in cer- 
 tain cases 
 
 Bepresentatives shall not be questioned 
 for speech or debate in the House... 
 
 shall not be appointed to office 
 
 shall not b« electors of President 
 
 "C..S., 
 
 Art. 
 
 Sec. 
 
 2 
 2 
 
 2 
 
 
 2 
 
 2 
 
 2 
 
 2 
 2 
 
 2 
 
 2 
 
 2 
 
 2 
 
 2 
 
 2 
 
 2 
 
 3 
 
 2 
 
 3 
 
 2 
 
 3 
 
 2 
 
 3 
 
 2 
 
 2 
 
 3 
 3 
 
 1 
 
 6 
 
 4 
 
 3 
 
 1 
 
 9 
 
 4 
 
 2 
 
 1 
 
 9 
 
 1 
 
 5 
 
 2 
 
 1 
 
 1 
 
 9 
 
 1 
 4 
 
 9 
 
 1 
 
 6 
 2 
 
 i 
 
 2 
 
 1 
 1 
 1 
 
 1 
 1 
 
 2 
 2 
 2 
 2 
 
 2 
 
 1 
 
 2 
 
 1 
 1 
 
 5 
 5 
 
 1 
 
 5 
 
 1 
 1 
 
 5 
 5 
 
 1 
 
 5 
 
 1 
 
 5 
 
 1 
 
 5 
 
 1 
 
 7 
 
 1 
 
 6 
 
 1 
 
 6 
 
 1 
 
 1 
 
 6 
 6 
 
 1 
 
 
 V 
 
 S. 
 
 "C. 
 
 'S. 
 
 
 Art 
 
 Sec 
 
 Art. 
 
 Sec. 
 
 Representatives and direct taxes, appor- 
 
 1 
 
 1 
 
 1 
 
 4 
 
 lA 
 
 lA 
 lA 
 2 A 
 
 3A 
 
 4 A 
 
 5A 
 5A 
 5A 
 
 5A 
 5A 
 
 6A 
 
 7A 
 
 8A 
 9A 
 1 
 
 1 
 
 4A 
 
 1 
 
 1 
 
 1 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 1 
 
 2 
 
 7 
 
 2 
 
 ra'd 
 luVl 
 m'd 
 m'd 
 
 m'd 
 
 ra'd 
 
 m'd 
 m'd 
 m'd 
 
 m'd 
 m'd. 
 
 m'd 
 
 'md. 
 
 m'd. 
 
 m'd 
 
 5 
 
 8 
 m'd 
 
 3 
 
 3 
 3 
 3 
 
 5 
 5 
 
 5 
 
 6 
 
 5 
 
 5 
 5 
 
 7 
 
 3 
 
 6 
 
 6 
 
 6 
 6 
 
 1 
 
 1 
 
 1 
 
 2 
 1 
 
 4 
 
 1 
 
 1 
 1 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 6 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 1 
 
 1 
 1 
 
 1 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 1 
 
 1 
 
 1 
 
 1 
 1 
 
 2 
 2 
 7 
 
 2 
 
 7 
 
 2 
 
 9 
 9 
 9 
 9 
 
 9 
 
 9 
 
 9 
 9 
 9 
 
 9 
 g 
 
 Represesentation of a State ; vacancies 
 in, supplied until anew election by 
 
 Resolution, order, or vote, requiiing 
 the concurrence of both Houses, to 
 undergo the formalities of bills 
 
 Removal of certain civil officers to be 
 reported by the Pix'SiUeiit to the 
 Senate, with his reasons therefor... 
 
 Revenue bills to originate in the House 
 
 Rights of the citizen declared to be priv- 
 ileges of citizens of the several 
 
 liberty of conscience in matters of 
 
 religion 
 
 freedom of speech and of the press.... 
 
 to keep and boar arms 
 
 to be exempt from the quartering of 
 
 to be secure from unreasonable 
 searches and seizures 
 
 to bo free from answering for a 
 crime, unless on presentment or 
 iudictmeiit by a jury 
 
 not to bo twice jeoparded for the 
 
 same offence 
 
 not to be compelled to be a witness 
 
 not to be deprived of life, liberty, or 
 property without due process of 
 
 private property not to bo taken for 
 public use 
 
 in criminal prosecutions shall have 
 speedy trial by jury, with all the 
 means necessary for his defence 
 
 in civil cases trial to bo by jury, and 
 shall only be re-examined accord- 
 
 9 
 9 
 
 9 
 
 1 
 5 
 
 excessive bail shall not bo required, 
 excessive fines imposed, nor cruel 
 and unusual punishments iafiicted... 
 
 enumeration of certain rights not to 
 
 operate against reserved rights 
 
 Rules, each house shall determiue its 
 own 
 
 S. 
 
 Seat of Government, exclusive legisla- 
 
 
 Searches and seizures, security against.. 
 Senate, composed of two Senators from 
 
 9 
 
 how chosen, classed, and terms of 
 
 3 
 
 
 
 Vice-President to be President of the 
 
 3 
 
 shall be the judge of the elections 
 and qualiflcations of its members... 
 
 what number shall be a quorum 
 
 any number may adjourn, and corn- 
 
 5 
 5 
 
 5 
 
 
 
 
 5 
 
 5 
 
 5 
 5 
 
 shall keep a journal ami publish the 
 same, except parts requiring se- 
 
 shall not adjourn for more than three 
 days, nor to any other place, with- 
 out the consent of the other house.. 
 
 one-flfth may require the yeas and 
 
 may propose amendments to bids 
 
 
 shall try impeachments 
 
 effect of their judgment on impeach- 
 
 a 
 
 3 
 
 compensation to be ascertained by 
 
 members of, privileged from arrest... 
 members not to be questioned for 
 
 6 
 
 6 
 
 shall not be appointed to office 
 
 e 
 
CONFEDERATE" COXSTITUTION INTERPRETED. 
 
 103 
 
 Senafnt >haU not be elector 
 
 Senators and ReprestntatiTee, election 
 
 of, how prescribed 
 
 Slaves, their importation may be pro- 
 hibited after 1S08 
 
 Iheir importition prohibited, no law 
 to be passed impairing right of 
 
 property in 
 
 right of transit and sojourn with, in 
 
 any State, guarantied 
 
 introduction of, from any State not a 
 member of tho Confederacy, may 
 
 be prohibited by Congress 
 
 Soldiers iiot to be quartered on citizens 
 
 Speaker, how chosen 
 
 Speech, freedom of. 
 
 States prohibited from — 
 entering into treaty, alliance, or don- 
 federation 
 
 granting letters of marque 
 
 coiningmonoy 
 
 emitting bills of credit 
 
 making anything a tender but gold 
 
 and silver 
 
 passing bills of attainder, ea:pos</ado 
 laws, or laws impairing contracts... 
 
 granting titles of nobility 
 
 laying duties on imports and exports 
 
 laying duties on tonnage 
 
 may lay tonnage duty on sea-going 
 vessels for the improvement of riv- 
 ers. &c 
 
 ki eplng troops or ships of war in time 
 
 of peace 
 
 entering into any agreement or com- 
 pact with another State or foreign 
 
 Power 
 
 may enter into compact for improve- 
 ment of certain rivers 
 
 engaging in war 
 
 States, new, may be admitted into the 
 
 Union (or Confederacy) 
 
 new, may be admitted upon two- 
 thirds vot' • of both Houses, the Sen- 
 ate voting by States 
 
 may be formed within the jurisdic- 
 tion of others, or by the junction 
 of two or more, with the consent of 
 Congress and the Legislatures of 
 
 the States concerned , 
 
 State judges bound to consider treaties, 
 the Constitution, and the laws 
 
 under it, as supremo 
 
 State, every, guarantied a republican 
 form of government, protected bv 
 the United (or Confederate) State's 
 Supreme Court~{See Court and Judi- 
 ciary.) 
 Suits at Common Law, proceodlngs in... 
 
 Tax, direct, according to representa- 
 tion 
 
 shall be laid only in proportion to 
 
 census 
 
 on exports prohibited 
 
 except by vote of two-thirds of both 
 
 Houses 
 
 Tender, what shall be a legal , 
 
 Territory, or public property, Congress 
 
 may make rules concerning... 
 
 Test, religious, shall not be required , 
 
 TUles, (see Nobility.) 
 
 Title from foreign State prohibited , 
 
 Treason, defined 
 
 two witnesses, or confession, neces- 
 sary for conviction 
 
 punishment of, may be prescribed by 
 
 Congress 
 
 Treasury, money drawn from only by 
 
 appropriation 
 
 Treaties, how made 
 
 the supreme law 
 
 States cannot make 
 
 U.S. "C."S. 
 
 V. 
 
 V^jcandes happening during the re- 
 
 1 
 
 10 
 
 1 
 
 10 
 
 1 
 
 1(1 
 
 1 
 1 
 
 10 
 10 
 
 4 
 
 3 
 
 4 
 
 3 
 
 4 
 
 3 
 
 6 
 
 1 
 
 1 
 
 4 
 
 1 
 
 Q 
 
 1 
 
 2 
 
 1 
 
 9 
 
 1 
 1 
 
 9 
 10 
 
 6 
 
 1 
 
 1 
 
 3 
 
 9 
 3 
 
 3 
 
 3 
 
 3 
 
 3 
 
 1 
 
 2 
 6 
 
 1 
 
 9 
 2 
 1 
 10 
 
 cess may be filled temporarily by 
 
 the President 
 
 Vacancies in representation inCongress, 
 
 howfilled 
 
 Veto of the President, effect of and pro- 
 ceedings on 
 
 Vice-President to be Presidnnt of the 
 
 Senate 
 
 how elected 
 
 also. Amendment 
 
 shall in certain cases discharge the 
 
 duties of President 
 
 maj bo removed by impeachment 
 
 Vote of ono house requiring the concur- 
 rence of the other « .. 
 
 w. 
 
 War, Congress to declare , 
 
 Warrants for searches and seizures, 
 when and how they shall issue 
 
 Witness in criminal cases, no one com- 
 pelled to be against himself... 
 
 Weights and Measures, standard of. 
 
 Y. 
 
 Teas and Xays entered on journal, and 
 published 
 
 their constitution as interpreted by the 
 "confederate" vice president. 
 1861, March 21, Alex. II. Stephens delivered 
 a speech at Savannah, in explanation and vin- 
 dication of the Constitution, from which this 
 is a well known extract : 
 
 " The new Constitution has put at rest forever all tho 
 agitating questions relating to our peculiar institutions- 
 African slavery as it exists among us — the proper status of 
 the negro in our form of civilization. This was the im- 
 mediate cause of the late rupture and present revolution. 
 Jefferson, in his forecast, had anticipated this as the 'rock 
 upon which the old Union would split.' He was right. 
 AVhat was conjecture with him, is now a realized fact. 
 But whether he fully comprehended the great truth upon 
 which that rock stood and stands, may be douI)ted. The 
 prevailing ideas entertained by him and most of the lead- 
 ing statesmen at the time of tho formation of the old Con- 
 stitution, were that the enslavement of the African was in 
 violation of the laws of nattrre : that it was wrong in prin- 
 ciple, socially, morally, and politically. It was an evil they 
 knew not well how to deal with, but the general opinion of 
 the men of that day was, that somehow or other, in the 
 order of Providence, the institution would be evanescent 
 and pass away. This idea, though not incorporated in the 
 Constitution, was the prevailing idea at the time. The 
 Constitution, it is true, secured every essential guarantee to 
 the institution while it should last, and hence no argument 
 can be justly used against the constitutional guaranteed 
 thus secured, because of the common sentiment of the day. 
 Those ideas, however, were fundamentally wTong. They 
 rested upon the assumption of tho equality of races. This 
 wai! an error. It was a sandy foundation, and the idea of a 
 government built upon it ; when the ' storm came and the 
 wind Mew, it fell.' 
 
 " Our new Government is founded upon exactly the oj,- 
 posite idea ; its foundations are hiid, its corner stone rests 
 upon tho great truth that the negro is not equal to the 
 white man. That slavery— subordination to the superior 
 race, is his natural and normal condition. This, our new 
 Government, is the first, in the history of the world, based 
 upon this great physical and moral truth. This truth has 
 been slow in the process of its development, like all other 
 truths in tho various departments of science. It has been 
 so even amongst us. Many who hear nie, perlxips, can 
 recollect well, that this truth was not generally admitted, 
 even within thei- day. The errors of the past generation 
 still clung to many as late as twenty years ago. Those at 
 the North who stili cling to these errors, with a zeal above 
 knowledge, wo justly denominate fanatics. * * * 
 
 " In the conflict thus far, success has been, on our side, 
 complete throughout the length and breadth of the Confed- 
 erate States. It is upon this, as I have stated, our actual 
 fabric is firmly planted; and I cannot permit myself to 
 doubt the ultimate success of a full recognition of this prin- 
 ciple throughout the civilized and enlightened world. 
 
104 
 
 confederate" constitution interpreted. 
 
 " As I have stated, the truth of this principle may De slow 
 ill (levelopmont, as all truths are, and ever have been, in 
 the various branches of science. It was so with the prin- 
 ciples announced by Galileo— it was so with Adam Smith 
 and his principlns of political economy:— it was so with 
 Hiirvcy and his theory of tho circulation of tho blood. It 
 is stat-id that not a single one of tho m'>dioal profession, 
 liviuf; at the time of tho announcement of the truths made 
 by him. admitted them. Now they are universally ac- 
 knowledged. May wo not, therefore, look with confidence 
 to the ultimate universal acknowledgment of tho truths 
 upon which our system rests. It is tho first government 
 ever instituted upon principles of strict conformity to na- 
 ture, and tho ordination of Providence, in furnishing tho 
 materials of human society. Many governments have been 
 founded upon tho principle of certain classes; but the 
 classes thus enslaved, were of the samo race, and In viola- 
 tion of the laws of nature. Our system commits no such 
 violation of nature's laws. Tho negro, by nature, or by tho 
 curse against Canaan, is fitted for that condition which he 
 occupies in our system. Tho architect, in the construction 
 of buildings, lays the foundation with the proper materials, 
 
 the granite ; then comes the brick or the marlile. The si;!)- 
 stratum of our society is made of the matcriid fitted l.y na- 
 ture for it, and by experience we know that it is hu^i, imt 
 only for the superior, but for the inferior race that it bhouid 
 bo so. It is, indeed, in conformity with the ordinaiic<^ of 
 the Creator. It is not for us to inquiro into the wisdom of 
 His ordinances, or to question them. Tor Ills own pur- 
 poses I(g lias made one race to differ from another, as He 
 has made ' one star to differ from another star in glory.' 
 
 "Tho groat objects of humanity are best attained when 
 conformed to Hiq laws and decrees, in the formation of gov- 
 ernments, as well as in all things else. Our Confoderacy-js 
 founded upon principles in strict conformity with these 
 laws. This stone which was first rejected by tho first builders 
 'is become the chief stone of the corner' in our now edifice. 
 
 " The progress of disintegration in the old Union may bo 
 expected to go on with almost absolute certainty. We are 
 now the nucleus of a growing power, which, if wo are true 
 to ourselves, our destiny, and high mission, will become 
 the controlling power on this continent. To what esient 
 accessions will go on in the process of time, or where it will 
 end, tho future will determine." 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 Abraham Lincoln's Inaugural Ad- 
 dress, March 4, 1861. 
 
 Fellow-citizens of the United States: In com- 
 pliance with a custom as old as tbe Govern- 
 ment 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 j)resent for 
 me to discuss those matters of administration 
 about which there is no special anxiety or ex- 
 citement. 
 
 Apprehension seems to exist among the peo- 
 ple 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 reason- 
 able cause for such apprehension. Indeed, the 
 most ample evidence to the contrary has all the 
 while existed and been open to their inspec- 
 tion. It is found in nearly all the published 
 speeches of him who now addresses you. I do 
 but cjuote 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 full knowledge that 
 I had made this and many similar declarations, 
 and had never recanted them. And more than 
 this, they placed in the platform for my accept- 
 ance, 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 thn right of each State to order 
 and control its own domestic institutions according to its 
 own judgment oxrhisively, is essential to the balance of 
 power on which the perfection and endurance of our polit- 
 ical fabric depend, and wo 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 do- 
 ing so, I only press upon the public attention 
 the most conclusive evidence of wh ch the case 
 is susceptible that the property, peace, and 
 security of no section are to be in anywise 
 endangered by the now incoming Administra- 
 tion. 1 add, too, that all the protection which, 
 
 105 
 
 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 cheesfully to one section as to 
 another. 
 
 There is much controversy about the deliver- 
 ing 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, escaphig into another, shall, in conse- 
 quence 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 re- 
 claiming of what we call fugitive slaves ; and 
 the intention of the law-giver is the law. All 
 members of Congress swear their support to 
 the whole Constitution — to this provision as 
 much 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 conse- 
 quence to him, or to others, by which authority 
 it is done. And should any one, in any case, 
 be content that his 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 civi- 
 lized and humane jurisprudence to be intro- 
 duced, 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 privileges and im- 
 munities of citizens in the several States?" 
 
 I take the oflicial oath to-day with no mental 
 reservations, and with no purpose to construe 
 the Constitution or laws by any hypercritical 
 
106 
 
 ADMINISTRATIOlf OF ABRAHAM LIN^COLN. 
 
 rules. And wliile 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 la otficial and private sta- 
 tions, to conlorm 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 inaugu- 
 ration of a President under our National Con- 
 stitution. During that period fifteen different 
 and grea ly distinguished citizens have, in suc- 
 cession, administered the Executive branph of 
 the Government. They have conducted it 
 through many perils, and generally with great 
 success. Yet, with all this scopefor precedent, 
 I now enter upoa the same task for the brief 
 constitutional terra of four years under great 
 and peculiar difficulty. A disruption of the 
 Federal Union, heretofore only menaced, is 
 now formidably attempted. 
 
 I hold that, in contemplation of universal 
 law, and of the Constitution, the Union of 
 these States is perpetual. Perpetuity is im- 
 plied, if not expressed, in the fundamental law 
 of all National Governments. It is safe to as- 
 sert that no Government proper over had a 
 provision in its organic law for its own termi- 
 nation. Continue to execute all the express 
 provisions to our National Constitution, and 
 the Union will endure forever — it being im- 
 possible to destroy it, except by some action 
 not provided for in the instrument itself. 
 
 Again, if the United States be not a Govern- 
 ment proper, but an association of States in the 
 nature of the contract merely, can it, as a con- 
 tract, be peaceably unmade by less than all the 
 parties who made it? One party to a contract 
 may •< iolate 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 contempla- 
 tion, 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 1714. It was matured and continued by the 
 Declaration of Independence in 177G. 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 "^o form a 
 more perfect ujiwn." 
 
 But if destruction of the Union, by one, or 
 by a part only, of the States, be lawfully pos- 
 sible, the Union is less perfect than before, the 
 Constitution having lost the vital element of 
 perpetuity. 
 
 It follows, from these views, that nn State, 
 npon 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 Slates, are insur- 
 rectionary or revolutionary, according to cir- 
 cumstances. 
 
 I, therefore, consider that, in view of the 
 Constitution and the laws, the Union is un- 
 
 I broken, 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 
 be faithfully executed in all the States. Doing 
 this I deem to be only a simple duty on my 
 part; and I shall perform it, so far as practi- 
 cable, unless my rightful masters, the Ameri- 
 can people, shall withhold the requisite means, 
 or, in some authoritative manner, direct the 
 contrary. I trust this will not be regarded as 
 a menace, but only as a 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 be 
 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 to collect the duties 
 and imposts ; but, beyond what may be neces- 
 sary for these objects, there will be no invasion, 
 no using of force against or among the people 
 anywhere. Where hostility to the United 
 States, in any interior locality, shall be so great 
 and universal as to prevent competent resident 
 citizens from holding the Federal offices, there 
 will be no attempt to force obnoxious strangers 
 among the people for that object. While the 
 strict legal right may exist in the Government 
 to enforce the exercise of these offices, the at- 
 tempt to do so would be so irritating, and so 
 nearly impracticable with all, 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 po.^sible, 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, unles.s 
 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 circumstances 
 actually existing, and with a view and a 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 wise to ascertain precisely why we do 
 it ? Will you hazard so desperate a step while 
 there is any possibility that any portion of the 
 ills you fly from have no real existence Y 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 
 
ADMIXISTRATION OP ABRAHAM LIXCOLX. 
 
 107 
 
 this. Think, if you can, of a single instance 
 in which a plainly written provision of the 
 Constitution has ever been denied. If, hy the 
 mere force of numbers, a majority should de- 
 prive a minority of any clearly written con- 
 stitutional right, it might, in a moral point of 
 view, justify revolution — 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 afhrmations and negations, guarantees 
 and prohibitions in the Constitution, that con- 
 troversies never arise concerning them. But 
 no organic law can ever be framed with a pro- 
 vision specifically applicable to every question 
 which may occur in practical administration. 
 No foresight cau 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 
 authority ? The Constitution does not expressly 
 say. May Con-rress prohibit slavery in the 
 Territories? The Couftitution does not ex- 
 pressly 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 Governmont must cease. There 
 is no other alternative; for continuing the 
 Government is acquiescence on one side or the 
 other. If a minority in such case will secede 
 rather than acquiesce they make a precedent 
 which, in turn, will divide and ruin them ; for 
 a minority of their own will secede from them 
 whenever a majority refuses to be controlled 
 b> such minority. For instance, why may 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 hold in re- 
 straint by constitutional checks and limitations 
 and alwajs 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 im- 
 possible ; the rule of a minority, as a perma- 
 nent 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 
 decision must be binding, ia 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 co ild the 
 evils of a different practice. At the same time 
 the candid citizen must confess that if the pol- 
 icy of the Government upon vital questions, 
 affecting the whole people, is to be irrevocably 
 fixed by decisions of the Supreme Court, the 
 instant they are made in ordinary litigation 
 between parties in personal actions the people 
 will have ceased to be their own rulers, having 
 to that extent practicaly resigned their govern- 
 ment 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 prop- 
 erly brought before them, and it is no fault of 
 theirs if others seek to turn their decisions to 
 political purposes. One section of our country 
 believes slavery is right, and ought to be ex- 
 tended, while the other believes li is wrong, and 
 ought not to be extended. This is the only 
 substantial dispute. The fugitive slave clause 
 of the Constitution, and the law for the sup- 
 pression 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 elich. 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 sup- 
 pressed, 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 parts of our 
 country cannot do this. They cannot but re- 
 main face to face; and intercourse, either ami- 
 cable 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 trea- 
 ties 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, theindenti- 
 cal old 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 it, or their revolutionary right to dis- 
 member or overthrow it. I cannot be ignorant 
 of the fact that many worthy and patriotic cit- 
 izens are desirous of having the National Con- 
 stitution amended. While I make no recom- 
 mendation of amendments, I fully recognize the 
 
108 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 rifihtful authority of the people over the whole 
 subject, to be exercised in either of the modes 
 prescribed in the instrument itself; cand I should 
 under existing circums'ances, favor lather 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 permit- 
 ting them to take or reject propositions origi- 
 nated by others, not especially cho-:en for the 
 purpose, and which might not be precisely 
 such as they would wish to either accept or re- 
 fuse. I understand 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 the 
 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 par- 
 ticular amendments so fixr as to say that, hold- 
 ing such a provision now to be implied con- 
 stitutional 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 terms for the separation of the 
 States. The people themselves can do this also 
 it they choose ; but the Executive, as such, has 
 nothing to do with it. His duty is to adminis- 
 iler 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 
 of 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 
 ghort intervals. While the people retain their 
 virtue and vigilance, no Administration, by any 
 extreme of weakness or folly, can very seriously 
 injure the Government in the short space of 
 four years. 
 
 My countrymen, and all, think calmly and 
 well upon this whole subject. N<}thing valuable 
 can be lost by taking time. If there be an ob- 
 ject to hurry any of you, in hot haste, to a step 
 which you would never take deliberately, that 
 ui^jtct 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 j'our own framing under it; 
 while the new Administration will have no im- 
 mediate power, if it would, to change either. If 
 it were admitted that you who are dissatisfied 
 hold the right side in the dispute, there still is 
 no single good 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 difliculty. 
 
 In t/our hands, my dissatisfied fellow-country- 
 men, and not in mijie, is the momentous issue of 
 civil war. The Government will not assail you. 
 You can have no conflict without being your- 
 selves theaggresso^s. ^You have no oath regis- 
 tered in Heaven to desti-oy the Government, 
 while I shall have the most solemn one to " pre- 
 serve, protect, and defend it." 
 
 I am loth 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 chords of 
 memory, stretching from every battle-field and 
 patriot grave to every living heart and hearth- 
 stone, 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. 
 
 PRESIDENT Lincoln's cabinet. 
 Secretary of State — William H. Seward, of New York. 
 
 Secretary of the Treasury — Salmon P. Chase, of Ohio ; suc- 
 ceeded July 5, 186i, by Wm. Pitt Fessenden, of Maine. 
 
 Secretary of TPtir— Simon Cameron, of Pennsylvania; suc- 
 ceeded January 11, 1S62, by Edwin M. Stanton, of Ohio. 
 
 Secretary of the JVauy— Gideon Welles, of Connecticut. 
 Secretary of the Interior — Caleb B. Smith, of Indiana ; 
 succeeded January 8, 1863, by John P. Usher, of Indi- 
 
 Attorney General — Edward Bates, of Missouri ; succeeded 
 December U, 1864, by James Speed, of Kentuclcy. 
 
 Postmaster General — Montgomery Blair, of Maryland ; 
 succeeded October 1, 1S&4, by William Dennison, of 
 Ohio. 
 
 MR. SEWARD AND "THE COMMISSIONERS OP THE 
 SOUTHERN CONFEDERACY." 
 
 [Memorandum.] Dep,*.rtment or State, 
 
 Washington, March 15, 1861. 
 
 Ml. John Forsyth, of the State of Alabama, and Mr. Mar- 
 tin J. Crawford, of the State of Georgia, on the lllh instant, 
 through the kind offices of a distinguished Senator, submit- 
 ted to tho Secretary of State their desire for.an unofficial 
 interview. This request was, on the 12th -instant, upon 
 exclusively public considerations, respectfully declined. 
 
 On tho 13th instant, while the Secretary w;is preoccupied, 
 Mr. A. P. Banks, of Virginia, called at this Department and 
 was received by tho Assistant Secretary, to whom he deliv- 
 ered a sealed communication, which he had boon charged 
 by Messrs. Forsyth and Crawford to present to tho Secre- 
 tary in person. 
 
 In that communication Messrs. Forsyth and Crawford 
 inform the Secretar/ of State that they have been duly ac- 
 credited by tho Government of tho Confederate States of 
 America as Commissioners to the Government of tho United 
 States, and they set forth the object of their attendance at 
 Washington. They observe that seven States of the Amer- 
 ican Union, in the exercise of a right inherent in every free 
 people, have withdrawn, through conventions of tlicir peo- 
 ple, from the United States, reassumed the attriljute of sov- 
 ereign power, and formed a Government of their own, and 
 that those Confederate States now constitute an independ- 
 ent nation de facto and de Jure, and possess a Government 
 perfect in all its parts, and fully endowed with all the 
 means of sclf-suppo)-t. 
 
 Messrs. Forsyth and Crawford, in the aforesaid comnuini- 
 cation, thereupon proceed to inform tho Secretary that, 
 with a view to a speedy adjustment of all questions grow- 
 ing out of tho political separation thus assumed, upon such 
 terms of amity and good will as tho respective interests, 
 geograpliical contiguity, and the future welfare of the sup- 
 posed two nations might render necessary, tluy are in- 
 structed to make to the Goverrmeat of the Uniti'd States 
 overtures for the opening of nejiotiations, assurius tliia 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 109 
 
 Governrncnt that tho President, Congress, and people of the 
 Coiileilerale States earnestly desire ii peaceful sulutiun of 
 these great questions, and that it is neither their interest 
 nor their wish to make any demand -which is not founded 
 in strictest justice, nor to do any act to injure theu- late 
 confederates. • 
 
 After making these statements, Messrs. Forsyth and 
 Crawford close their communication, as they say, in obe- 
 dience to the instructions of their Government, by request- 
 ing the Secretary of State to appoint as early a day 
 as possible in order that they may i)resent to tho Pres- 
 ident of tho United States the credentials which they 
 bear, and tho objects of the mission with which they are 
 charged. 
 
 The Secretary of State frankly confesses that ho under- 
 stands tho events which have recently occurred, and tho 
 cuudition of political atfairs which actually exists in tho 
 part of the Union to which his attention has thus been 
 directed, very differently from the aspect in whith they 
 are presented by IMe.^srs. Forsyth and Crawford. lie sees 
 in them not a rishiful and accomplished revolution and an 
 independent nation, with an established Govprnment, but 
 rather a perversion cf a temporary aud partisan excitement 
 to the inconsiderate purpose of an unjustifiable and un- 
 constitutional aggression upon tho rights and the authority 
 vested in the Federal Government, and hitherto benignly 
 exercised, aa fiom their very nature they always must be 
 so exercised, for the maintenance of the Union, the pre- 
 servation of liberty, and the security, peace, welfare, 
 happiness, and aggrandizement of the American p ople. 
 
 The Secretary of State, therefore, avows to Messrs. Forsyth 
 and Crawford that he looks patiently but confidently for the 
 cure of evils which havo resulted from proceedings so un- 
 necessary, so unwise, so unusual, and so unnatural, not to 
 irregular negotiations, having in view new and untried re- 
 lations with agencies unknown to and acting in derogation 
 of the Constitution aud laws, but to regular aud considerate 
 action of the people of tho^ie States, in co-operation with 
 their brethren in tho other States, through the Con,^'^es8 
 of the United States, and such extraordinary Conventions, 
 if there shall be need thereof, as the Federal Constitution 
 contemplates and authorizes to be assembled. It is, how- 
 over, the purpose of the .'secretary of^tate on this occa^ 
 Bion not toinviteoren::;agein any discussion of these sub- 
 jects, but simply to set forth his reasons for deelining to 
 comply with the request of Messrs. Forsyth and Crawfjrd. 
 
 On the 4ch of Jlarch instant the then newly elected 
 President of the United States, in view of all the facts 
 bearing on the present question, assumed the Executive 
 administration of fho Government, first delivering, in ac- 
 cordance w.th an early and hoiored custom, :ui i laugural 
 ai!drer-s to the people of the United States. The Secretary 
 of State respcctfullysubmitsacopy of this addiess to Messrs. 
 I'orsyth and Crawford. A simple reference to it will be 
 sufficient to satisfy those gentlemen that the Secretary of 
 State, guided by the principles therein announced, is 
 prevented altogether from admitting or assuming that the 
 States referred to by them, have, in law or in fai;t, withdrawn 
 from tho Federal Union, or that th'y could d) so in the 
 manner described by Messrs. Forsyth and Crawford, or in 
 any other manner than with the consdut and concert of 
 the people of the United States, to be given through a Na- 
 ti(mal Convention, to be assembled in conformity with the 
 i)rovisions of the Constitution of the United States. Of 
 course the t'ecretary of Mate eannot act upon the assump- 
 tion, or in any way .ndniit that the so-called Confederaie 
 States con-t 'uc a 1 i:ri :u Power, with whom diplomatic 
 r.'lations ■ i; i J i ' I .■ ■ . -blished. 
 
 Underti,- ■. ).' -rs the Secretary of State, whose 
 official dutiii are c-nliu'd, subject to tin? diri'i'tion of tho 
 President, tj the conducling of the In: : m ,, i i .„< ofthe 
 country, and do not at all embrae'- •'• <,i: -lions or 
 questions arising between the sevcr:'i , .,; , I the Fed- 
 eral GovernnLfMt, is unalile to comply iwlli, iliu lu.iuest of 
 Jlessrs. For-,;, ili and <'r:i\vl'ord, to appoint a day on which 
 tliey may pr. s< nl lli" .■\iili'nees of their authority and the 
 objecT of lluir vi^it to tlie President of the United States. 
 On the contrary, he is obliged to state to Messrs Forsyth 
 andtS-awford that ho has no authority, nor is ho at liberty 
 to recognize them as diplomatic agents, or hold correspon- 
 dence or other communication with them. 
 
 Finally, tho Secretary of State would observe that, al- 
 though he has supposed that he might safely and with pro- 
 priety have adopted these conclusions without making any 
 reference of the subject to the Executive, yet so strong 
 has been his desire to practice entire directness and to act 
 in a spirit of perfect respect and candor towards Messrs. 
 Forsyth and Crawford, and that portion of the people of 
 tho Union in whose name they present themselves before 
 him, that he has cheerfully submitted this paper to the 
 President, who coincides generally in the views it 
 expresses, and sanctions the Secretary's decision de- 
 clining otiiciiil intercourse with Messrs. Forsyth and 
 Crawford. 
 
 ApriT, S, moV 
 The foregoing memorandum W.1S filed in t'n- l><iintinrnt 
 on tho 15th oj March last. A dcliven c i ] w- 
 
 evcr, to Messrs. Forsyth and Cx-awford n \ is 
 
 understood, with their consent. They li i h 
 
 their secretary, communicated their dt^m. t i iieiuiiu\i) 
 disposition of tho subject. Tho Secret.iiy ot fttalo thcio- 
 foro directs that a duly verified copy of tho paper bo now 
 delivered. 
 
 A true copy of the original, delivered to me by Mr. F. 
 
 W. Seward, Assistant Secretary of State of tho United 
 
 States, on April 8th, 18G1, at 2.15 P. M., in blank envelope. 
 
 Attest: J. T. PICKETT, 
 
 Secretary to the Commissioners. 
 
 The Commissioners in reply to Mr. Seward. 
 
 W.\SHiNGTON, April 9, 1861. 
 Hon. Wm. H. Seward, Secretary of Slate of the Waited 
 
 States, Washinr/ton. 
 
 The "memorandum," dated Department of State, Wash- 
 ington, March 15, 1S61, with postscript under date of Sth 
 instant, has been received through tho hands of Mr. J. T. 
 Pickett, secretary to this commission, who, by tho instruc- 
 tions of the undersigned, called for it on yesterday at tho 
 Department. 
 
 In that memorandum you correctly state the purport of 
 the official note {iddi-ossed to you by the undersigned on tho 
 12th ultimo. Without repeating the contents of that noto 
 in full, it is enough to say hero that its object was to invito 
 the Government of tho United States to a friendly con- 
 sideration of the relations between tho United States- and 
 tho seven States lately of the Federal Union, but now 
 separated from it by the sovereign will of their people, 
 growing out of the pregnant and undeniable fact that those 
 people have rejected the authority of the United States 
 and established a Government of their own. Those reliv 
 tions had to be friendly or hostile. The people* of the old 
 and new Governments, occupying contiguous territories, 
 had to stand to each other in the relation of good neigh- 
 bors, each seeking their happiness and pursuing their 
 national destinies in their own way, without interference 
 with the other, or they had to be rival and hostile nations. 
 Tho Government of the Confederate States had no hesita- 
 tion in electing its choice in this alternative. Frankly and 
 unreservedly, seeking the good of tho people who had en- 
 trusted them with power, in the siiirit of humanity, of tho 
 Christian civilization of tl ;-':,:■, :ii,i di iiiit A:ii' r, -, ni m 
 which regards the true \Vi : i . > ,ii -■';•, 
 
 the Government of tho •' . : . , ■: ; - im it 
 
 acts, commissioned tho uii.lcr:_i-ii: 1 i . :i;. ,. i i' m.v- 
 ernment of the United States with tli ■ < ' - ii of 
 
 peace, and to offer to adjust the great o-i i ; 
 
 between them in the only way to bo juMi i I i \ i!i . m- 
 scionces and common sense of good men wlio ii.id nuiiiing 
 but the welfare of the people of tho two Confederacies at 
 heart. 
 
 Your Go-vernment has not chosen to meet tho under- 
 signed in the conciliatory and pf,!.;-,,! , o'; ;i 111 w ;,i ;i tli-y 
 aro commissioned. Persistently \. i' l i.. r, . i,it j 
 theories of construction of the I'r'! Ii : , i !,;-.-s 
 
 rejected by the statesmen of the ; ; . , i ,, I i l-y 
 
 those of the Administration scho M. mi' i - h i\ [ir.i- 
 duced their natural ami often I'l- I i i; > i I'l ■ (ii> 
 
 struction of the Union, under wli i -. i i iir .-n- 
 tinued to live happily and gloiini !y i > - i i r hi tiio 
 spirit ofthe ancestry who framed llioconunon Ooustitution 
 animated tho hearts of all their sons, you now, with a per- 
 sistence untaught and uncured by the rn/n which ha.s been 
 wrought, refuse to recognize tho trrivitf M-t iir''~-'P("il to you 
 of a completed and successful ri-\ 'M'i n: v i .:■ •\or.r 
 eyes to the existence of the Govn -n im ,.,1,1; ui. in jr. 
 and ignore the hi';h duties of in i 1 ;i ,■: i iiMiumlv' 
 whii-h attarh to Yon in ('--i-lin- v 1 i •. 1 : ,.1. iiad 
 
 younirt tll.-ni- II V :-'. !■ ii : ., .nil iil.ncsswith 
 
 wliirli il,.. nii'l. , ■ ■ I - - r: , ,.;,;-■ -nl them to 
 you aud tn -it tin 1,1. m- him. r i i : |. I ■ ■ 1 ,w the mel- 
 anclioly duty to return home anl 1 1 1 u ' i'i\ iiiiiirnt 
 and their countrymen that tli' ir : i -i I ■ ■ ;, ,h 
 
 efforts in behalf of peace had I n 'i . ' •'< \\i.: 
 Government of tho United States Mm: 1 . 1, ,: ■.,<■• 1 ii ni 
 
 denied the great luiid: 
 that "Governments il' 
 sent of the governi'd,' 
 
 armaments in motion t'l miIn > ( tin' pr.ojiir. ..f on,, [loitioti 
 of this land to tho will .,i n. 1 ii. .■ ,. i ; -i. 1 . 1 hl m n 
 never be done while a fi-i' M 111 ,, \i. iiil: : i. , 1 ;tM 
 States to wield a we.qM.ii. 1 ,,- 10.; 1 ; ,1 .i ij , , I : ■ i','^t 
 history to prove. The.-M- inilil.oy d. iiioii,-ii,o,..n,^ .i^.on t 
 the people of tho seceded Stated aro certainly far from 
 
110 
 
 ADMIXISTU^TION OF 
 
 being in keeping and consistoW.^ yrith the theory of the 
 Secretary of State, maintained', in his mertorSndum, that 
 these States are still component parts of the! late American 
 Union, as the undersigned are not aware of any constitu- 
 tional power in the President of the United States to levy 
 war, without the consent of Congress, upon a foreig:n peo- 
 ple, much less upon any portion of the people of the United 
 States. 
 
 The undersigned, like the Secretary of State, have no 
 purpose to " invito or engage in discussion " of the subject 
 on which their two Governments aro so irreconcilably at 
 variance. It is this variance that has broken up the old 
 Union, the disintegration of which has only begun. It is 
 proper, hon-ever, to advise you that it were well to dismiss 
 llif hopes you seem to entertain that, by any of the modes 
 i:i'lical('J, the people of the Confcdirato States will ever be 
 brouiiht to submit to the authority of tno Government of 
 t!io United States. You ai-e dealing with delusions, too, 
 when you seek to separate our people from our Govern- 
 ment and to characterize the deliberate, sovereign act of 
 that people as a " perversion of a temporary and partisan 
 cxcittnient." If you cherish these dreams you will be 
 awakened from them and find them as unreal and unsub- 
 stantial as others in which you have recently indulged. 
 The undersigned would omit the performance of an obvious 
 duty were they to fail to make known to the Government 
 of the United States that the people of the Confederate 
 States have declared their independence with a full knowl- 
 edge of all the responsibilities of that act, and with as firm 
 a determination to maintain it by all the means with which 
 nature has endowed them as that which sustained their 
 fathers when they threw off the authority of the British 
 crown. 
 
 The under^iirned clearly understand that you have de- 
 clined to appoint a day to enable them to lay the objects 
 of the mission with wliich they are charged before the 
 President of the United States, because so to do would be 
 to i-ecognize the independence and separate nationality 
 of the Confederate States. This is the vein of thought 
 that pervades the memorandum before us. The truth of 
 history requires that it should distinctly appear upon the 
 record that tho undersigned did not ask the Government 
 of the United States to recognize the independence of tho 
 Confederate States. They only asked authence to adjust, 
 in a spirit of amity and peace, the new relations springing 
 from a manifest and accomplished revolution in the Gov- 
 ernment of the late Federal Union. Your refusal to enter- 
 tain these overtures for a peaceful solution, tho active naval 
 and military preparation of this Government, and a formal 
 notice to the commanding general of the Confederate 
 forces in the harbor of Charleston that the President in- 
 tends to provision Fort Sumter by forcible means, if neces- 
 sary, are viewed by the undersigned, and can only be 
 received by the worioj as a declarrMion wf war against the 
 Confederate States ; fcr the P^-esident of tlie United States 
 knows that Fort Sumter oandot be provisioned without the 
 effuii'^u of blood. Tho undersigned, in behalf of their 
 Gr jment and people, accept the gage of battle thus 
 thrt.«h down to them, and, appealing to God and the judg- 
 ment of mankind for the righteousness of their cause, the 
 people of the Confederate States will defend their liberties 
 to the last against this flagrant and open attempt at their 
 subjugation to sectional power. 
 
 This communication cannot bo prftnerly closed without 
 adverting to the date of your meiuorandum. The official 
 note of the undersigned, of thel2fh March, was delivered 
 t ) the Assistant Secretary of State en tho 13;h of that 
 month, the gentleman whod liv ered it informing him that 
 the Secretary of this commission would call at twelve 
 o'clock, noon, on the next day f r an answer. At the ap- 
 pointed hour Mr. Pickett did call, and was inibrmed by 
 the Assistant Secretary of State that the engagements of 
 the Secretary of State had prevented him from giving the 
 note his attention. The Assisfant Secretary of State then 
 asked for tho address of Messrs. Crawford and Forsyth, the 
 members of the Commissi(m th. n present in this city, 
 took note of the address on a card, and engaged to send 
 whatever reply might be made to their lodgings. Why 
 this was not done it is proper should be here explained. 
 The memorandum is dated March 15. and was not delivered 
 until April S. Why was it withheld during the interve- 
 ning twenty-three days ? In the postcniit to your memo- 
 randum you say it '• was delayid, as was understood, with 
 th ir (Messrs. lAirsyth and Crawford's) consent." This 
 is true ; but it is also true that on the 10th of Marcli 
 Messrs. Forsyth and Crawford were assured, by a person 
 occupying a high olDcial position in tho Government, and 
 who, as they believed, was speaking by authority, that 
 Fort Sumter would be evacuated within a very few days, 
 and that no measure changing the existing status preju- 
 dicially to the Confederate States, as respects Fort I'ickens, 
 was then contemplated, and these assurances were subse- 
 quently repeated, with the addition that any contemplated 
 change as respects Fort Pickens would be notified to us. 
 
 A'lf^AHAM LINCOLN. 
 % 
 
 On the Ist of April we were again informed that there 
 migh^be an attempt to supply Fort Sumter with pro- 
 visims, Wut that Governor Pickens should have previous 
 notice of this attempt There was no suggestion of a re- 
 inforcement. The undersigned did not hesitate to believe 
 that these assurances ixpressed tho intention of the Ad- 
 ministration at the time, or at all events of prominent 
 members of the Administration. This delay was assented 
 to for the express purpose of attaining the great end of 
 the mission of the undersigned, to wit, a specific solution 
 to existing complications. The inference deducible from 
 the date of your memorandum that the undersigned had, 
 of their own volition and without cause, consented to this 
 l"ng hiatus in the grave duties with which they were 
 charged is therefore not consistent with a just exposition 
 of the facts of the case. 
 
 The intervening twenty-three days were employed in 
 active unofficial efforts,the object of which was to smooth the 
 path to a pacific solution, the distinguished personage al- 
 luded to co-operating with the undersigned, and every step 
 of that effort is recorded in writing, and now in possession 
 of the undersigned and of their Government. It was only 
 when all these anxious efforts f r peace had been ex- 
 hausted, and it became clear that Mr. Lincoln had determ- 
 ined to appeal to the sword to reduce the people of the Con- 
 federate States to the will of the section or party whose 
 President he is, that the undersigned resumed the oiScial 
 negotiation temporarily suspended, and sent their seero- 
 taiy for a reply to their official note of March 12. 
 
 It is proper to add that, during these twenty-three days, 
 two gentlemen of officiHl distinction as high as that of tho 
 personage hitherto alluded to, aided the undersigned as in- 
 termediaries in these unofficial negotiations for peace. 
 
 The undersigned, Commissioners of the Confederate States 
 of America, having thus made answer to all t'ney deem 
 material in the memorandum filed in the Department on 
 the 15th Of March last, have the honor to be, 
 
 JOHN FORSYTH, 
 MARTIN J. CRAWFORD, 
 A. B. ROMAN. 
 
 A true copy of the original by one delivered to Mr. F. W. 
 Seward, Assistant Secretary of State of the United States, 
 at eight o'clock in the evening of April 0, 1S61. 
 
 Attest: J. T. PICKETT, Secretary, <£c. 
 
 Mr. Seward in reply to the Commissioners. 
 
 Department op State, 
 
 Washington, April 10, 1S61. 
 Messrs. Forsyth, Crawford, and Roman, having been ap- 
 prized by a memorandum which has been delivered to them 
 that the Secretary of State is not at liberty to hold official 
 intercourse with them, will, it is presumed, expect no no- 
 tice from him of the new communication which they have 
 addresssed to him under date of tho 9th instant, beyond tho 
 simple acknowled.gment of the receipt thereof, which he 
 hereby very cheerfully gives. 
 
 A true copy of the original received by the Commission- 
 ers of the Confederate States this llJth day of April, 1861. 
 Attest : J. T. PICKETT, Secretary, <£c. 
 
 JUDGE Campbell's statement respkcting his 
 
 PART IN the negotiation. 
 
 Washington City, April 1.3, 1861. 
 
 Sm: On the 15th of March ultimo I left with Judge Craw- 
 ford, one of the Commissioners of tho Confederate States, a 
 note in writing to the effect following : 
 
 " I feel entire confidence that Fort Sumter will be evacu- 
 ated in the next five days. And this measure is felt as im- 
 posing great responsibility on tho Administration. 
 
 " I feel entire confidence that no measure changing the 
 existing status, prejudicially to the Southern Confederate 
 States, is at present contemplated. 
 
 " I feel an entire confidence that an immediate demand 
 for an answer to the communication of tho Comuussioncra 
 will be productive of evil and not of good. I do not believe 
 that it ought at this time to be pressed." 
 
 The substance of this statement I communicated to you 
 tho same evening by letter. Five days elapsed and I called 
 with a telegram Irom General Beauregard to the effect that 
 Sumter was not evacuated, but that Major Anderson was at 
 work making repairs. 
 
 Tho next day, after conversing with you, I communicated 
 to Judge Crawford, in writing, that tho failure to evacuate 
 Sumter was not the result of bad faith, but was attiibutable 
 luses consistent with tho intention to fulfill the engage- 
 ment, and that, as regarded Pickens, I should have notice 
 of any design to niter the existing status there. ?lr. .Justice 
 Nelson was present at these conversations, thru- in num- 
 ber, and I submitted to him each of my written coiuiunni- 
 cations to Judge Crawford, and informed .1 udge C. t li.it they 
 had his (Judge Nelson's) sanction. I gave you, on the iliX 
 
ADMIXISTRATIOX OF ABRAHAM LINCOLN. 
 
 Ill 
 
 of March, a substantial copy of the statement I had made 
 on the loth. 
 
 The 30th of March arrived, and at that time a teloRram 
 came from Governor Pickens inquiring concerning Colonel 
 Lamon, whose visit to Charleston he supposed had a con- 
 nection with the proposed evacuation of Fort Sumter. I 
 left that with you, and was to have an answer the follow- 
 ing Monday, (1st of April.) On the 1st of April I received 
 from you the statement in writing: "I am satisfied the 
 Government will not undertake to supply Fort Sumter with- 
 ont giving notice to Governor P." The words " I am satis- 
 fied" were for me to use as expressive of confidence in the 
 remainder of the declaration. 
 
 The proposition as originally pi»pared was, " The Presi- 
 dent mat/ desire to supply Sumter, but will not do so," .ic, 
 and your verbal explanation was that you did not believe 
 any such attempt would be made, and that there was no 
 design to reinforce Sumter. 
 
 There was a departure here from the pledges of the pre- 
 vious month, but, with the verbal explanation, I did not 
 consider it a matter then to complain of. I simply stated 
 to you that I had that assurance previously. 
 
 On the 7 th of April I addressed you a letter on the sub- 
 ject of the alarm that the preparations by the Government 
 had created, and asked you if the assurances I had given 
 were well or ill-founded. In respect to Sumter your reply 
 was, " Faith as to Sumter, fully kept — wait and see." In 
 the morning's paper I read, " An authorized messenger from 
 President Lincoln informed Governor Pickens and General 
 Beauregiird that provisions will be sent to Fort Sumter — 
 peaceably, or otherwise hy force." This was the 8th of 
 April, at Charleston, the day following your last assurance, 
 and is the evidence of the full faith I was invited to wait 
 for and see. In the same paper, I read that intercepted 
 dispatches disclosed the l;ict that Mr. Fox, who had been 
 allowed to visit Major Anderson, on the pledge that his pur- 
 pose was pacific, employed Ws opportunity to de^^se a plan 
 for supplying the fort by fcrco, and that this plan had been 
 adopted by the Washington Government, and was in pro- 
 cess of execution. My recollection of the date of Mr. Fox's 
 visit carries it to a clay in March. I learn he is a neiir con- 
 nexion of a member of the Cabinet. My connection with 
 the Commissioners and yourself was superinduced by a con- 
 versation with Justice Nelson. He informed me of yom- 
 strong disposition in favor of peace, and that you were op- 
 pressed with a demand of the Commissioners of the Confed- 
 erate States for a reply to their first letter, and that you 
 desired to avoid it if possible at that time." 
 
 I told him I might perhaps be of some service in arrang- 
 ing the difficulty. I came to your office entirely at his ro- 
 quti-t and without knowledge of either of the Commis- 
 sioners. Your depression was obvious to both Judge Nelson 
 and myself. I w.os gratified at the character of the coun- 
 sels you were desirous of pui-suing, and much impressed 
 with yoiir observation that a civil war might be prevented 
 by the success of my mediation. You read a letter of Mr. 
 Weed to show how irksome and responsible the withdrawal j 
 of troops from Sumter was. A portion of my communica- 
 tion to Judge Crawford on the 15th March was founded 
 upon these remarks, and the pledge to evacuate Sumter is 
 less forcible than the words you employed. These words 
 were: Before this letter reaches you (a proposed letter 
 by me to President Davis) Sumter will have been evacu- 
 ated. 
 
 The Commissioners who received those communications 
 conclude they have been abused and overreached. The 
 
 Dispatches. 
 
 Charleston, Arrril 8, 1861. 
 To L. P. Walker, Secretary of War. 
 
 An authorized mcssaae from 1 resident Lincoln* just 
 informed Governor Pickens and myself that provi.sions ft ill 
 be sent to Fort Sumter peaceably, or otherwise by f .rce 
 G. T. BEAUREGARD. 
 
 MoNTGOJIEIiT, April 10, 1801. 
 
 Gen. G. T Beaureoard. 
 
 If you have no doubt as to the authorized character ot 
 the agent who conimunicated to yon the inten'ion of the 
 Washington Governttient to supply Fort ;-umtpr by force, 
 you will at once demand its evacuation, and if this is r -' 
 fused proceed in such manner as yon may deterndiie to 
 reduce it. L. p". WALKEH 
 
 Jiidge Campbell to the Secretary of State. 
 
 ATAsniNGTO.v, April 20. 1861. "■ 
 
 Sir: I inclose yon a letter, corresponding very nearly' 
 with one I addressed to you one week ago, (loll April.)' 
 to which I have not had any reply. The letter is simply 
 onecf iiquiry in reference to facts concerning which, I 
 think, I am entitled to an explanation. I have not adopted 
 any opinion in reference to them which may not be modi- 
 fied by explanation; nor have I affirmed in that letter, 
 nor do I in this, any conclusion of my own unfavorable to 
 your integrity in the whole transaction. All that I have 
 faid and mean to say is, that an explanation is due from 
 you to myself. I will not say what I shall do in case this 
 request is not complied with, but I am justintd in saying 
 that I shall leel at liberty to place thesu letters belore any 
 person who is entitled to ask an explanation of ravself. 
 Very respectrully. JOHN A. CAMPBIXL, 
 
 Associate Justice of the Supreme Court U. S. 
 Hon. Wm. H Sew ah d. Secretary of State. 
 
 April 24, 1861. — No reply has been made to this letter. 
 
 Judge Campbell to General Davis. 
 
 MoxTGOMERY, (Ala.,) May 7, 1861. 
 Sir : I submit to you two letters that were addressed by 
 me to the Hon. W. H. Seward, Secretary of State of the 
 United States, that contain an explanation of the natxu'e 
 and result of an intervention by me in the intercourse of 
 the Commissioners of the Confederate States with that 
 officer. I considered that I could porform no duty in which 
 the entire American people, whether of the Federal Union 
 or of the Confederate States, were more interested than 
 that of promoting the counsels and the policy that had for 
 their object the preservation of peace. This motive dic- 
 tated my intervention. Besides the interview referred to 
 in these letters, I informed the Assistant Secretary of State 
 of the United Suites, (not being able to see the Secretary,) 
 on the 11th of April ultimo, of the existence of a telegram 
 of that date from Gen. Beauregard to the Commissioners, 
 in which he informed the Commissioners that he had 
 demanded the evacuation of Sumter, and if refused 1^ 
 Would proceed to reduce it. On the same day I had been 
 told that President Lincoln had said that none of the ves- 
 sels sent to Chai-leston were war vessels, and that force was 
 not to be used in the attempt to supply the fort. I had no 
 means of testing the accuracy of this information, but 
 off'ered that, if the information was accurate, I would send 
 a telegram to the authorities at Charleston, and it might 
 prevent the disastrous consequences of a collision at that 
 
 Montgomery Government hold the same opinion. The ! fort between the opposing forces. It was the last effort 
 Commissioners have supposed that my communications j that I would make to avert the calamitisg of war. The 
 were with you, and upon the hjTpothesis were prepared to ! Assistant Secretary promised to give the matter attention, 
 arraign you before the country in connection with the Pres- i but I had no other intercourse with him or any other 
 
 ident. I placed a peremptory prohibition upon this as 
 being contrary to the term of my communications with 
 them. I pledged myself to them to communicate informa- 
 tion upon what I considered as the best authority, and 
 they were to confide in the ability of myself, aided by 
 Judge Nelson, to determine upon the credibility of my in- 
 formant. 
 
 I think no candid man who will read over what I have 
 written, and considers for a moment what is going on at 
 Sumter, but \rill agree that the equivocating conduct of 
 the Administration, as measured and interpreted in con- 
 nection with these promises, is the proximate cause of the 
 great calamity. 
 
 I have a profound conviction that the telegrams of the 
 8th of April of General Beauregard, and of the 10th of 
 April of General Walker, the Secretary of War, can be 
 referred to nothing else than their belief that there has 
 been systematic duplicity practiced on them through me. 
 It is unfit r an oppressive sense of the weight of this re- 
 sponsibility that I submit to you these things for your ex- 
 planation. 
 
 Very respectfully, JOHN A. CAMPBELL, 
 
 Associate Jitstic of the Suprnae Court U. S. 
 Hon. William H. S£W.ikd, Secretary of State. 
 
 person on the subject, nor have I had any reply to the 
 letters submitted to you. 
 
 Very respectfully, JOHN A. CAMPBELL. 
 
 Gen. Davis, President of the Confederate States. 
 In an article of Mr. Thurlow Wued, in the 
 Albany Evening Journal of May 30, 1861, we 
 find the follouing statements respectino^ Judge . 
 Campbell's publication : 
 
 " If the Secretary of State were at liberty to reply to ex- 
 Judge Campbell, reve.aling all that passed between ihem on 
 several occasions, not only no imputation of insincerity 
 would rest upon the Secretary, but the facts would seriously 
 affect Judge Campbell's well established reputation for can- 
 dor and frankness. The revelations would turui>h no evi- 
 dence of either the falsehood or the duplicity of Governor 
 Seward, for there was nothing of either in hisconvor.satioiis 
 
 '• We violate no confidence in saying that Judge Camji- 
 bell balanced long between loyalty and secession, the pre- 
 ponderance, up to a late day, being in favor of the Union. 
 
 * See President Lincoln's First Mesaage to Congress, July 
 4, 1S61. 
 
112 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 "If lio at any time looked with favorer satisfaction upoii 
 Bpcession, he was much and generally misnnderstoorl. If 
 he dill not seriously contenipl ito remaining in the Union 
 and upon the Bench, he was misunderstoud. 
 
 " If durins that period of nicnlal trial, be was acting in 
 harmoi y with the leading eneinies of the Union, ho was 
 grossly misunderstood. 
 
 "Tliat Gov. Seward conversed freely with Judjro Camp- 
 bell, we do not deny, nor do we doubt, tliat in these con- 
 versations, at one period, he intimated that Fort Sumter 
 would be evacuated 
 
 " lie ce:t:iinly believed so, founding hre opinion upon a 
 knowledge of Gen. Scott's recommcntiation. 
 
 " Subsequently, the President deemed it his duty to au- 
 thorize uu effort to reinforce and provi.cion that fortress. We 
 do not know whether Gov. Seward met Judge Camiibell 
 afUT that change of purpo.«e; hut he was not at liberty, if 
 they did meet, to reveal wbi't was so well kept. 
 
 " But. wjiaiever Gov. Seward Said or intimated to Judge 
 Campbell was true at the time it was said. 
 
 •• Tliat JudKe Campbell reported to the Confeder.ate 
 President half that he said or intimated, is more than 
 doubtful." 
 
 PEEsiDENT Lincoln's answer to the delegates 
 
 FROM VIRGINIA. 
 
 April 13, 18G1. The President bad an inter- 
 view with Wm. Ballard Preston, Alexander H. 
 H. Stuart, and George W. Randolph, who were 
 appointed by the ConveDtion of Virginia then 
 in session, under a resolution recited in the 
 President's reply, which was as follows : 
 Hon. Messrs. Preston, Stnart, ami Eandcilph : 
 
 Gemlejien : As a committee of the Yirfcinia Convention, 
 now in session, you present me a ijreamble and resolution 
 iu these words : 
 
 " Whereas, in the opinion of this Convention, the uncer- 
 tainty which prevails in the public mind as to the policy 
 which the Federal Executive intends to pursue toward the 
 seceded States is extremely injurious to the industrial and 
 commercial interests of the country, tends to keep up an 
 excitement which is unfavorable to the adjustment of pend- 
 ing difBculties, and threatens a disturbance of the public 
 peace: Therefore, 
 
 "■^ Resolved, That a committee of three delegates be ap- 
 pointed to wait on the President of the United States, pre- 
 sent to liim this preamble and resolution, and respectfully 
 ask him to communicate to this Convention tlie policy 
 which the Federal Executive intends to pursue in regai-d to 
 the Confederate States." 
 
 In answer I have to say, that, having at the beginning of 
 my official term expressed my intended policy as plainly as 
 I was able, it is with deep regiet and some mortilication I 
 now learn that there is great and injurious uncertainty in 
 %e public mind as to what that policy is, and what course 
 I intend to pursue. 
 
 Not having as yet seen occasion to change, it is now my 
 purpose to pursue the course marked out in the inaugural 
 address. I commend a careful consideration of the whole 
 document as the best expression I can give of my purposes. 
 As I then and therein said, I now repeat : 
 
 " The power confided to me will be used to hold, occupy, 
 and possess the property and places belonging to the Gov- 
 ernment, .and to collect the duties and imposts ; but beyond 
 what is necessary for these objects there will be uo inva- 
 sion, no using of force against or among the people any- 
 wlierc." 
 
 By the words " property and places belonging to the Gov- 
 ernment" I chiefly allude to the military posts and property 
 which were in the possession of the Government when it 
 came to my hands. • 
 
 But if, as now appears to be true, in pursuit of a purpose 
 to drive the United States authority from tliese places, an 
 unprovoked assault has been made upon Fort Sumter, I 
 shall hold myself at liberty to repossess, if I can, like places 
 wliich had been seized before the Government was devolved 
 upon me. And, in any event, I shall, to the best of my 
 ability, repel force by force. 
 
 In case it proves true that Fort Sumter has been as- 
 saulted, as is reported, I shall perhaps cause the United 
 States mails to be withdrawn from all the States which 
 cliiim to have seceded, believing that the commencement of 
 actual war against tho Government justifies and possibly 
 demands it. 
 
 I scarcely need to say that I consider the military posts 
 and property situated within the Strifes wliieh claim to have 
 Bcceiled as yet belonging to tlie Government of the United 
 States as much as they did before the supposed secession. 
 
 Wliatcver else I may do for the puriioso, I shall not at- 
 tempt to collect tho duties and imposts by any armed inva- 
 sion of any part of the country— not meaning by this, how- 
 
 ever, that I may not land a force deemed necessary to 
 relieve a fort upon the border of the country. 
 
 From the fact tliat I have <iuoted a jjart of the inaugttral 
 address, it must not bo iuferreil that 1 rtpuiliate any other 
 part, the whole of which I reaffirm, except so far as "what I 
 now say of the mails may be regarded as a modification. 
 
 WHY AND HOW WAR WAS MADE UPON THE UNITED 
 STATES. 
 
 In January, the rebel leaders then in Wa.sh- 
 ington prevented an attack upon the forts m 
 Charleston harbor und at Pensacola. 
 
 War not breaking out, the conspiracy weak- 
 ened, and, as expressed by the Mobile Mercury 
 in discussing the position of affairs in those 
 harbors: 
 
 "The country is sinking into a fatal apathy, and the spirit 
 and even the patriotism of the people is oozing out under 
 this do-nothing policy. If something is not done pretty 
 soon, decisive, either evacuation or expulsion, tlie whole 
 country ^N-ill become so disgusted with tlie sham of southern 
 independence that the first chance tho jieople get at a popu- 
 lar election they ^%'ill turn the whole movement topsy-turvy 
 so bad that it never on earth can be righted again." 
 
 On AVednesday, .April 10, 1861, Rog( r A. Pryor, 
 of Virginia, was serenaded in Charleston, I'nd 
 spoke as follows, as reported in the Mercury : 
 
 "Gentlemen, I thank you, especially that you have at 
 last annihilated this acciu'sed Union, [ajjijlause.J reeldng 
 with corruption, and insolent witli excess of tiranny. 
 Thank God, it is at last blasted and riven by the lightning 
 wrath of an outraged and indignant peojjle. [Loud ap- 
 plause.] Not only is it gone, but gone forever. [Cries of 
 'You're right,' and applause.] In the expressive language 
 of Scriptm-e, it is water spilt upon the grotind, which cannot 
 be gathered up. [Applause.] Like Lucifer, son of the 
 morning, it has fallen, never to rise again. [Continued ap- 
 plause.] For my part, gentlemen, if Abraham Lincoln and 
 Hannibal Hamlin to-morrow were to abdicate tlieir offices 
 and were to give me a blank sheet of paper to write the condi- 
 tion of reannexation to the defunct Union, I would scornfully 
 spurn the overture. ***** x invoke 
 you, and I make it in some sort a personal appeal — personal 
 so far iui it tends to our assistance in Virgiui:i — I do invoke 
 you, in your demonstrations of popular opinion, in your 
 exhibitions of official intent, to give uo cotnitenance to this 
 idea of reconstruction. [Many voices, emphatically, ' Never,' 
 and applause.] In Vh-ginia they all say, if reduced to the 
 di-ead dilemma of this memorable alternative, they will es- 
 pouse the cause of tho South as against the interest oi tlie 
 Northern Confederacy, hut they whisper of reconstruction, 
 and they say Virginia must abide in the Union, with tlie 
 idea of reconstructing tho Union which you have annihila- 
 ted. I pray you, gentlcmen,rob them of that idea. Proclaim 
 to the world that upon no condition, and under no circum- 
 stance, will South Carolina ever again enter into political 
 association with the Abolitionists of Now Ungland. [Cries 
 of 'Never,' and applause.] 
 
 " Do not distrust Virginia. As sure as to-morrow's sun 
 will rise upon us, just so sure will Virginia be a member of 
 this Southern Confederation. [Applause.] And I will tell 
 you, gentlemen, what will put her in the Southern Covfedcra- 
 tion in less than an hour by Stirewsbury clock — STKHiE A 
 BLOW! [Tremendous applause.] The very moment that 
 blood is shed, old Virginia will make common cause with her 
 sisters of the South. [Applause.] It is impossible she should 
 do otherwise." 
 
 Hon. Jeremiah Clemens, formerly United 
 States Senator from Alabama, and a menib r of 
 the Alabama Seceding Convention wlio resifteil 
 the movement until adopted by the body, at 
 an adjourned Reconstruction meeting held at 
 Huntsville, Ala., March 13, 1864, made this 
 significant statement : 
 
 Mr. Clemens, in adjourning the meeting, said he would 
 tell the Alabamians how their State was got out of the 
 Union. " In 1861," said Mr. C, " shortly after the Confed- 
 erate Government was put in operation, I was in the city 
 of Montgomery. One day I stepped into tho office of the 
 Secretary of War, General Walker, and found there, en- 
 gaged in a very excited cUscussion, Mr. Jefferson Davis, Mr. 
 Memminger, Mr. Benjitmin, Mr. Gilchrist, a member of our 
 Legislature from Loundes county, and a number of other 
 prominent gentlemen. They were discussing tlie propriety 
 of immediately opening fire on Fort Sumter, to which 
 General Walker, the SecreUiry of War, appeared to be op- 
 
ADMINISTBATION OF ABRAHAM LINCOLN. 
 
 113 
 
 posed. Mr. Gilchrist said to him, ' Sir, unless you sprinkle 
 blood in the face of tho people of Alabama they will bo 
 back in the old Union in less than ten days!' The nest 
 day General Beauregard opened his batteries on Sumter, 
 and Alabama was saved to the Confederacy." 
 
 COKBESPONDENCE PRECEDING BOMBARDMENT. 
 Charleston, April 8, 1861. 
 To Hon. L. P. Walker, jSscre^nry of ir/c. Mon'r/omcri/: 
 
 An authorized messeng'ir from 1'!' , i' i i lin .ilii*has 
 just informed Gov. Pickens and m;.- i ns will 
 
 be sent to Fort Sumter peaceably, < ; . t : ce. 
 
 (,;. 1. i;i, \i j;Ki.;ARD. 
 
 MOSTGOMERT, April 10, ISOl. 
 To Gen. Beauregard, Charleston: 
 
 If you have no doubt of the authorized character of tho 
 agent who communicated to you the intention of the 
 Washington Government to supply Fort Sumter by force, 
 you will at once demand its evacuation, and, if this is re- 
 fused, ijroceed in such manner as you may determine to 
 reduce it. L. P. WALKER. 
 
 Charleston, April 10, 1S61. 
 To Hon. L. P. Walker : 
 The demand will be made to-morrow at 12 o'clock. 
 G. T. BEAUREGARD, 
 Brigadier General. 
 
 MoOTGOMERT, April 10, 1861. 
 To Gen. Beauregard, Charleston : 
 
 Unless there are special reasons connected with your 
 own condition, it is considered proper that you should 
 make the demand at an earUer hour. 
 
 L. P. WALKER. 
 
 Charleston, April 10, 1861. 
 To Hon. L. P. Walker: 
 The reasons are special for 12 o'clock. 
 
 G. T. BEAUREGARD. 
 
 Cn.utLESTON, April 11, 1861. 
 To Hon. L. P. Walker : 
 
 The demand was sent at 2 p. m., and until 6 was allowed 
 for the answer. G. T. BEAUREGARD. 
 
 Montgomery, April 11, 1861. 
 Gen. Beauregard, Charleston : 
 Telegraph the reply of Major Anderson. 
 
 L. P. WALKER. 
 
 Charleston, April 11, 1861. 
 To Hon. L. P. Walker : 
 
 Major Anderson replies: "I have the honor to acknowl- 
 edge the receipt of your communication demanding the 
 evacuation of this fort, and to say in reply thereto that it 
 is a demand with which I regret that my sense of honor 
 and of my obligation to my Government prevent my com- 
 pliance." He adds, verbally, ^^ I will await the first shot, 
 and, if you do not batter us to pieces, we will be starved out 
 ill a few days." G. T. BEAUREGARD. 
 
 Montgomery, April 11, 1861. 
 To General Beauregard : 
 
 Do not desire needlessly to bombard Fort Sumter. If 
 Major Anderson will state the time at which, as indicated 
 by himself, he will evacuate, and agree that, in the mean 
 time, he will not use his gims agiiinst us unless ours should 
 be employed against Fort Sumter, you are authorized thus 
 to avoid the effusion of blood. If this or its equivalent bo 
 refused, reduce the fort, as your judgment decides to be 
 the most practicable. L. P. WALKKR. 
 
 Headquarters Peovision.al Army C. S. A., 
 Charleston, (S. C.) April 11, 1801, 2 p. m. 
 Maj. Robert Anderson, 
 
 Commandinfj at Fort Sumter, Charleston Harbor, S. C. : 
 
 Sir: The Government of the Confederate States has 
 hitherto forborne from any hostile demonstration against 
 Fort Sumter, in the hope that the Government of the 
 United States, with a view to the amicable adjustment of 
 all questions between the two Governments, and to avert 
 the calamities of war, would voluntarily evacuate it. 
 
 There wiis reason at one time to believe that such would 
 bo tho course pursued by the Government of the United 
 States, and, under that impression, my Government has 
 refrained from making any demand for the surrender of the 
 fort. But the Confederate States can no longer delay assum- 
 ing actual possession of a fortification commanding the 
 entrance of one of theii harbors, and necessary to its de- 
 fence and security. 
 
 I am ordered by the Government of the Confederate 
 
 * See liis first message, July 4, 1861, page 124. 
 
 8 
 
 states to demand the evacuation of Fort Sumter. My aids, 
 Col. Chesnut and Capt. Lee, are authorized to make such 
 demand of you. All proper facilities will be afforded for 
 the removal of yourself and command — together with 
 company arms and property, and all private property — to 
 any post in tho United States which you may elect. The 
 flag which you have uphold so long, and with So much 
 fortitude, under tho most trying circumstances, may be 
 saluted by you on taking it down. 
 
 Col. Chesnut and Capt. Lee will, for a reasonable time, 
 await your answer. 
 
 I am, sir, very respectfullv, your obedient servant, 
 
 G. T. BEAUREGARD, Brig. Gen. Commanding. 
 
 Headquarters Fort Sumter, S. C, 
 AprilW, 1861. 
 To Brig. Gen. G. T. Be.\uregard, 
 
 Commanding Provisional Army C. S. A.: 
 General: I have the honor to acknowledge the receipt 
 of your communication (lemanding the evacuation of thi-^ 
 fort, and to say in reply thereto that it is a demand with 
 which I regret that my sense of honor and my obligation 
 to my Government prevent my compliance. 
 
 Thanking you for the fair, manly, and courteous terms 
 proposed, and for the high compliment paid me, I remain, 
 General, very respectfully, your obedient servant, 
 
 ROBERT ANDERSON, 
 Major TT. S. Army, Commanding. 
 
 Headquarters Prov'l Army C. S. A., 
 Charleston, ^S. C.) April 11, 1861, 11 P. M. 
 Major Robert Anderson, 
 
 Commanding at Fort Sumter, Charleston Harbor, S. C. : 
 Major: In consequence of the verbal observations made 
 by you to my aids, Messrs. Chesnut and Lee, in relation to 
 the condition of your supplies, and that you would in a few 
 days be starved out if our guns did not batter you to 
 pieces, or words to that efi'ect, and desiring no useless effu 
 sion of blood, I communicated both the verbal observation 
 and your written answer to my communication to my 
 Government. 
 
 If you will state the time at which you will evacuate 
 Fort Sumter, and agree that in the mean time you will not 
 use your guns against us unless ours shall be employed 
 against Fort Sumter, we shall abstain from opening fire 
 upon you. Col. Chesnut and Capt. Lee are authorized by 
 me to enter into such an agreement with you. You are, 
 therefore, requested to communicate to them an open 
 answer. 
 I remain, Major, very respectfully, your obedient servant, 
 G. T. BKAUKEUAKD, 
 Brigadier General Commanding. 
 
 Headquarters Fort Sumter, S. C. 
 
 2.30 A. M. , April 12, 1861. # 
 To Brig. Gen. 6. T. Beauregard, 
 
 Commanding Provisional Army C. S. A. : 
 
 General : I have the honor to acknowledge the receipt of 
 your second communication of the 11th instant, by Col. 
 Chesnut, and to state in reply, that,cordially uniting with 
 you in the desire to avoid the useless effusion of blood, I 
 will, if prov.ded with the necessary means of transporta- 
 tion, evacuate Fort Sumter by noon on the 15th instant, 
 should I not receive prior to that time, controlling in- 
 structions from my Government, or additional supplies, 
 and that I will not in the mean time open my fire upon 
 your forces, unless compelled to do so by some hostile 
 act against this fort or the flag of my Government, by the 
 forces under your command, or by some portion of tliem, cr 
 by the perpetration of some act showing a hostile inten- 
 tion on your part against this fort or the flag it bears. 
 
 I have the honor to be, General, very respectfully, your 
 obedient servant, ROBERT ANDERSON, 
 
 Major U. S. A. Commanding. 
 
 FOET SUMTEE, S. C, 
 
 April 12, 1861, 3.20 A. M. 
 Majoe Robert Anderson, United States Army, 
 Commanding Fort Sumter: 
 Sir : By authority of Brigadier General Beauregard, Com- 
 manding the Provisional Forces of the Confederate States, 
 we have the honor to notify you that ho will open the fire 
 of his batteries on Fort Sumter in one hour from this 
 time. 
 
 We have the honor to be, very respectfullv, your obedient 
 servants, JAMES CHESNUT, Jr., 
 
 Aid-de-Camp. 
 STEPHEN D. LEE, 
 Captain S. C. Army and Aidrde-Camp. 
 
114 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 Charleston, April 12, 1801. 
 To Hon. L. P. Walker : 
 
 He would not consent. I write to-day. 
 
 G. T. EEAUREGAED. 
 
 Charleston, April 12, 18C1. 
 To Hon. L. P. Walker : 
 
 We opened firo at 4.30. G. T. BEAUREGARD. 
 
 Note. — Intercepted despatches di-sclose the fact that Mr. 
 Fox, who bud been allowed to visit Major Anderson on the 
 pledge that his purpose was pacific, employed his oppor- 
 tunity to devise a plan for supplying the fort by force, and 
 that this plan had been adopted by the Washington Gov- 
 ernment, and waa in process of execution. 
 
 Report of Major Anderson to the Secretary of War. 
 Steamship Baltic, off Sandy Hook, 
 April 18, 1861, 10.30 A. M., via New York. 
 
 HaviniT defended Fort Sumter fur thirty-four hours, until 
 the quarters were entirely burnt, the main gates destroyed 
 by fire, the gorge walls seriously injured, the magazine 
 surrounded by flames, and its door closed from the effects 
 of heat ; four barrels and three cartridges of powder only 
 being available, and no provisions remaining but pork, I 
 accepted terms of evacuation offered by General Beaure- 
 gard — being the same offered b3' him on the 11th instant, 
 prior to the commencement of hostilities — and marched out 
 of the Fort on Sunday afternoon, the 14th instant, with 
 colors flying and drums beating, bringing away company 
 and private property, and saluting my flag with fifty guns. 
 ROBERT ANDERSON, 
 Major 1st Artillery, commanding. 
 
 Hon. Simon Cameron, 
 
 Secretary of War, Wasliington. 
 
 After the surrender, and while the tidings 
 were received throughout the South with joy, 
 Diivis and his associates were serenaded, salvos 
 of artillery were fired, and the whole popula- 
 tion seemed to be in an exstacy of triumph. 
 The rebel Secretary of War, L. Pope Walker, 
 defiantly said : 
 
 " No man can foretell the events of the war inaugurated ; 
 but I will venture to predict that the flag which now floats 
 on the breeze" (that was his miserable secession flag) 
 " will, before the first of May, float over the dome of the 
 old Capitol at Washington, and if they choose to try South- 
 ern chivalry, and test the extent of Southern resources, 
 will eventually float over Faneuil Hall, in Boston. 
 
 The idea spread throughout the South, and 
 such paragraphs as these abounded: 
 
 [From the Richmond Enquirer, April 13, 1861.] 
 "Attention, Volunteers! — Nothing is more probable 
 than that President Davis -will soon march an army through 
 North Carolina and Virginia to Washington. Those of our 
 volunteers wlio decide to join the Southern Army as it 
 shall pass through our borders, had better organize at once 
 for that purpose, and keep their arms, accoutrements, uni- 
 forms, ammunition, and knapsacks in constant readiness." 
 [From the New Orleans Picayune, April 18.] 
 "Thofinst fruits of a Virginia secession will be the re- 
 moval of Lincoln and his cabinet, and whatever he can 
 carry away, to the safer neighborhood of Ilarrisburg or 
 Cincinnati — perhaps to Buffalo or Cleveland." 
 ' [From the Richinond Examiner, April 28.] 
 
 " There never was half the unanimity among the people 
 before, nor a tithe of the zeal upon any subject, t'nat is now 
 manifested to take Washington. From the mountain tops 
 and valleys to the shores of the sea, there is one wild sliout 
 of fierce resolve to capture Washington city at all and 
 every human hazard." 
 
 THE "war power CALLED Ouf." 
 
 April 15, 18G1. The President issued his 
 proclamation for seventy-five thousand troops, 
 as follows : 
 
 " Whereas the laws of the United States have been for 
 some time past, and now are opposed, and the execution 
 thereof olistiuiicd, in the States of South Carolina, Georgia, 
 Alabiima, Flurida, Mississippi, Louisiana, and Texas, by com- 
 binations too iiuwerful 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 tho liws, have thought fit 
 to call forth, and hereby do 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. 
 
 "Tho details for this object will be immediately com- 
 municated to the State authorities through the War Depart- 
 ment. I appeal to all loyal citizens to favor, facilitate, and 
 aid this effort to maintain tho honor, tho integrity, and ex- 
 islenco 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 tho first service as- 
 signed 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 car© 
 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 per- 
 sons composing the combinations aforesaid, to disperse and 
 retire peaceably to their respective abodes, within twenty 
 days from this date. 
 
 "Deeming that tho present condition of public affairs pre- 
 sents 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 cham- 
 bers at twelve o'clock, noon, on Thiu-sday, tho 4th day of 
 July next, then and there to consider anil determine such 
 measures as, in their wisdom, tho public safety and interest 
 may seemto 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 tho independence of the United States 
 
 the eit;htv-fifth. 
 
 " By the President : "ABRAHAM LINCOLN. 
 
 "William H. Seward, Secretary of State." 
 
 The Governors of all the northern States re- 
 sponded with alacrity. 
 
 Governor Burton, of Delaware, issued a proc- 
 lamation, April 26, recommending the forma- 
 tion of volunteer companies for the protection 
 of the lives and property of the people of Dela- 
 ware against violence of any sort to which they 
 may be exposed, the companies not being sub- 
 ject to be ordered by the Executive into the 
 United States service, the law not vesting him 
 with such authority, but having the option of 
 offering their services to the General Govern- 
 ment for the defence of its capital and the sup- 
 port of the Constitution and laws of the coun- 
 try. 
 
 Governor Hicks, of Maryland, Maj' 14, issued 
 a proclamation for the troops, stating that the 
 four regiments would be detailed to serve within 
 the limits of Maryland or for the defence of the 
 capital of the United States. 
 
 Governor Letcher, of Virginia, replied that 
 
 "The militia of Virginia will not be furnished to the 
 powers at Washington lor any such use or purpose as they 
 liavo in view. Your object is to subjugate the southern 
 States, and a requisition made upon mo for such an object 
 — an object, in my judiri'ifiit.notwitliin the purview of the 
 Constitution or the. act cit ITvr. — will n-it bi? ixmiplied with. 
 You have chosen to inaii-iir; t^- ri\ , i war, and liaving done 
 so we will meet it in a ^lluit :.- •!■ t. i mined as tho Admin- 
 istration has exhibited tiiwurd \l\v t^uuth." 
 
 Governor Ellis, of North Carolina, replied, 
 April 15 : 
 
 " Your dispatch is received, and, if genuine — which its 
 extraordinary character le;ids me to doubt — I h.ave to say 
 in reply that I regard tho levy of troops made by the Ad- 
 ministration, for the purpose of subjugating the States of 
 tho South, as in violation of tho Constitution and a usurpar 
 tion of power. I can be no party to this wicked violation 
 of tho laws of the country, and to this war upon the liber- 
 ties of a free people. You can get no troops from North 
 Carolina. I will reply more in detail when your call is re- 
 ceived by mail." 
 
 Governor Magoffin, of Kentucky, replied, 
 April 15 : 
 
 " Your dispatch is received. In answer I say eraphatio- 
 ally, Kentucky will furnish no troops for the wicked pur- 
 pose of subduing her sister Southern States." 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 115 
 
 Governor Harris, of Tennessee, replied, April 
 18: 
 
 " Tennessee will not furnish a single man for coercion, 
 but fifty thousand, if necessai-y, for the defence of oui' rights 
 or those of our southern brethreu." 
 
 Governor Jackson, of Missouri, replied : 
 
 "Yom- requisition is illegal, unconstitutional, revolution- 
 ary, inhuman, diabolical, and cannot bo complied with." 
 
 Governor Rector, of Arkansas, replied, April 
 22 : 
 
 "None will be furnished. The demand is only adding 
 insult to injury." 
 
 May 3, 1861 — The Presidert called for thirtj'- 
 nine volunteer regiments of infantry and one 
 regiment of cavalry, with a minimum aggregate 
 of 34,50(3 officers and enlisted men, and a max- 
 imum of 42,034 ; and for the enlistment of 
 18,000 seamen. 
 
 May 3, 18G1— The President directed an in- 
 crease of (he regular army by eight regiments 
 of infantry, one of cavalry, and one of artil- 
 lery — minimum aggregate, 18,054; maximum, 
 22,714. 
 
 August 6 — Congress legalized this increase, 
 and all the acts, orders, and proclamations re- 
 specting the Army and Navy. 
 
 July 22 and 25, 18G1 — Congress authorized 
 the enlistment of 500,000 volunteers. 
 
 September 17, 1861 — Commanding oflBcer at 
 Hatteras Inlet, N. C, authc/rized to enlist a 
 regiment of loyal North Carolinians. 
 
 November 7, 1861 — The Governor of Missouri 
 was authorized to raise a force of State militia 
 for State defence. 
 
 December 3, 1861— The Secretary of War di- 
 rected that no more regiments, batteries, or 
 independent companies be raised by the Gov- 
 ernors of States, except upon the special requi- 
 sition of the War Department. 
 
 July 2, 1862— The President called for three 
 hundred thousand volunteers. 
 
 Under the act of July 17, 1862, 
 
 August 4, 1862— The President ordered a 
 draft of three hundred thousand militia, for 
 nine months unless sooner discharged; and di- 
 rected that if any State shall not, by the 15th 
 of August, furnish its quota of the additional 
 300,000 authorized by law, the deficiency of 
 volunteers in that State will also be made up 
 by special draft from the militia. Wednesday, 
 September 3, was subsequently fixed for the 
 draft. 
 
 May 8, 1863 — Proclamation issued, defining 
 the relations of aliens to the conscription act, 
 holding all aliens who have declared on oath 
 their intention to become citizens and may be 
 in the country within sixty-five days from date, 
 and all who have declared their intention to 
 become citizens and have voted. 
 
 June 15, 1863 — One hundred thousand men, 
 for six months, called to repel the invasion of 
 Maryland, West Virginia, Ohio, and Pennsyl- 
 vania. 
 
 October 17, 1863— A proclamation was issued 
 for 300,000 volunteers, to serve for three years 
 or the war, not, however, exceeding three 
 years, to fill the places of those whose terms 
 expire "during the coming year," these being 
 in addition to the men raised by the present 
 draft. In States in default under this call, 
 
 January 5, 1864, a draft shall be made on that 
 day. 
 
 February 1, 1864— Draft for 500,000 men for 
 three years or during the war, ordered for 
 March 10, 1864. 
 
 March 14, 1864— Draft for 200,000 additional 
 for the army, navy and marine corps, ordered 
 for April IC, 18G4, to supply the force required 
 for the navy and to provide an adequate reserve 
 force for all contingencies. 
 
 April 23, 1864—85,000 one hundred day men 
 accepted, tendered by the Governors of Ohio, 
 Indiana, Illinois, Iowa, and Vt'isconsin ; 30,000, 
 20,000, 20,000, 10,000, and 5,000 being tendered 
 respectively, isee page 270.) 
 
 Our Military Legislation. 
 1861, July 22 — The President was authorized 
 to accept the services of volunteers, not ex- 
 ceeding five hundred thousand, for a period not 
 exceeding three years. July 27, this authority 
 was duplicated. 
 
 1861, July 27 — Nine regiments of infantry, 
 one of cavalry, and one of artillery, added to 
 the regular army. 
 
 August 5 — Passed bill approving and legaliz- 
 ing the orders of the President respecting the 
 army and navy, issued from 4th of March to 
 that date. 
 
 1862, July 17— Authorized the President, 
 when calling forth the militia of the States, to 
 specify the period of such service, not exceed- 
 ing nine months ; and if by reason of defects 
 in existing laws or in the execution of them, it 
 shall be found necessary to provide for enrol- 
 ing the militia, the President was authorized 
 to make all necessary regulations, the enrol- 
 ment to include all able bodied male citizens 
 between eighteen and forty-five, and to be ap- 
 portioned according to representative popula- 
 tion. He was authorized, in addition to the 
 volunteers now authorized, to accept 100,000 
 infantry, for nine months ; also, for twelve 
 mouths, to fill up old regiments, as many aa 
 may be presented for the purpose. 
 
 1863, February 7 — Authorized the Governor 
 of Kentucky, by the consent and under the 
 direction of the President, to raise twenty 
 thousand volunteers, for twelve months, for 
 service within the limits of the State, for re- 
 pelling invasion, suppressing insurrection, and 
 guarding and protecting the public property — 
 two regiments to be mounted riflemen. With 
 the consent of the President, these troops may 
 be attached to, and become a part of, the body 
 of three years' volunteers. 
 
 1863, March 3 — The enrollment act passed. 
 It included as part of the national forces, all 
 able bodied male citizens of the United States, 
 and persons of foreign birth who shall have 
 declared on cath their intention to become 
 citizens under and in pursuance of the laws 
 thereof, between the ages of twenty-one and 
 forty-five years, except such as are rejected as 
 physically or mentally unfit for the service ; 
 also, the Vice President, the judges of the 
 various courts of the United States, the heads 
 of the various executive departments of the 
 Government, and the Governors of the several 
 States; also, the only son liable to military 
 service, of a widow dependent upon bis labor 
 
116 
 
 ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 for support; also, the only son of aged or in- 
 firm parent or parents, dependent upon bis 
 labor lor support ; also, where there are two or 
 more sons of aged or inlirm parents, subject 
 to draft, the father, or if he l,e dead, the mother, 
 may elect which son shall be exempt ; also, the 
 only brother of children not twelve years old, 
 having neither fiither nor mother, dependent 
 upon his labor for support ; also, the father of 
 motherless children under twelve years of age, 
 dependent upon his labor for support ; also, 
 where there are a father and sons in the same 
 family and household, and two of them are in 
 the military service of the United States as non- 
 commissioned officers, musicians, or privates, 
 the residue of such family ; provided that no 
 person who has been convicted of any felony 
 shall be enrolled or permitted to serve in said 
 forces. It divided the forces into two classes : 
 1st, those between twenty and thirty-live and 
 all unmarried persons above thirty-five and 
 under forty-five ; 2d, all others liable to mili- 
 tary duty. It divided the country into districts, 
 in each of which an enrolment board was 
 established. The persons enrolled were made 
 subject to be called into the military service for 
 two years from July 1, 18G3, and to continue in 
 service for three years. A drafted person was 
 allowed to furnish an acceptable substitute, or 
 pay $300, and be discharged from further 
 liability under that draft. Persons failing to 
 report, to be considered deserters. All persons 
 drafted shall be assigned by the President to 
 military duty in such corps, regiments, or 
 branches of the service as the exigencies of 
 the service may require. 
 
 18G4, Feb. 24 — Provided for equalizing the 
 draft by calculating the quota of each district 
 or precinct and counting the number previously 
 furnished by it. Any person enrolled may fur- 
 nish an acceptable substitute who is not liable 
 to draft, nor, at the time, in the militai-y or 
 naval service of the United States ; and such 
 person so furnishing a substitute shall be ex- 
 empt from draft during the time for which such 
 substitute shall not be liable to draft, not ex- 
 ceeding the time for which such substitute 
 shall have been accepted. If such substitute 
 is liable to draft, the name of the person fur- 
 nishing him shall again be placed on the roll 
 and shall be liable to draft in future calls, but 
 not until the present enrollment shall be ex- 
 hausted. The exemptions are limited to such 
 as are rejected as physically or mentally unfit 
 for the service ; to persons actually in the mil- 
 itary or naval service of the Government, and 
 all persons who have served in the military 
 or naval service two years during the present 
 war and been honorably discharged therefrom. 
 
 The separate enrolment of classes is repealed 
 and the two classes consolidated. 
 
 Members of religious denominations, who 
 shall by oath or affirmation declare that they 
 are conscientiously opposed to the bearing of 
 arms, and who are prohibited from doing so by 
 the rules and articles of faith and practice of 
 said religious denomination, shall when drafted, 
 be considered non-combatants, and be assigned 
 to duty in the hospitals, or the care of freed- 
 men, or shall pay $300 to the benefit of sick 
 
 and wounded soldiers, if they give proof that 
 their depoi-tment has been uniformly consis- 
 tent with their declaration. 
 
 No alien wlio has voted in county, State, or 
 Territory shall, because of alienage, be exempt 
 from draft. 
 
 " All able-bodied male colored persons between the ages 
 of twenty and forty-five years, resident in the United States, 
 shall bo enrolled according to the provisioua of this act, aod 
 of the act to which this is an amendment, and form part i>t 
 the national forces ; and when a slave of a lojal master 
 shall be drafted and mustered into the service of the United 
 States, his master shall have a certificate thereof; and 
 thereupon such slave shall be free, and the bounty of one 
 hundred dollars, now payable by law for each drafted man, 
 shall bo paid to the person to whom such drafted person 
 was owing service or labor at the time of his muster into 
 the service of the United States. The Secretary of War 
 shall appoint a commission in each of the slave States rep- 
 resented in Congress, charged to award to each loyal per- 
 son to whom a colored volunteer may owe service a just 
 compensation, not exceeding three hundi-cd Uollaj-s, for 
 each such colored volunteer, payable out of the fund de- 
 rived from coumiutations, and every such colored volunteer 
 on being mustered into the service shall be free. And in 
 all cases where men of color have been heretofore enlisted, 
 or have volunteered in the military service of the United 
 States, all the provisions of this act so far as the payment 
 of bounty and compensation are provided, shall be equally 
 applicable, as to those who may bo hereafter recruited. 
 But men of color, drafted or enlisted, or who may volun- 
 teer into the military service, while they shall lie credited 
 on the quotas of the several States, or sub-divisions of 
 States, wherein they are respectively drafted, enlisted, or 
 shall volunteer, shall not bo assigned as State troops, but 
 shall be niiustered into regiments or companiea as United 
 States colored troops." 
 
 1864, Feb. 29 — Bill passed reviving the 
 grade of Lieutenant General in the army, and 
 Major General Ulysses S. Grant was appointed 
 March 2d. 
 
 1864, June 15 — All persons of color shall 
 receive the same, pay and emoluments, except 
 bounty, as other soldiers of the regular or 
 volunteer army from and after Jan. 1, 1864, 
 the President to fix the bounty for those here- 
 after mustered, not exceeding §100. 
 
 1864, June 20 — The monthly pay of privates 
 and non-commissioned officers was fixed as'fol- 
 lows, on and after May 1 : 
 
 " Sergeant majors, twenty-six dollars ; quartermaster and 
 commissary sergeants of Cavalry, artillery, and infantry, 
 twenty-tv.'o dollars ; first sergeants of cavalry, artillery, and 
 infantry, twenty-four dollars; sergeants of cavalry, artil- 
 lery, and Infantry, twenty dollars ; sergeants of ordnance, 
 sappers and miners, and pontoniers, thirty-four dollars; 
 corporals of ordnance, sappers and miners, and pontoniers, 
 twenty dollars; ijrivates of engineers and ordnance of the 
 first class, eighteen dollars, and of the second class, sixteen 
 dollars; corporals of cavalry, ai-tillery, and infantry, 
 eighteen dollars; chief buglers of cavalry, twenty-three 
 dollars; buglers, sixteen dollars; farriers and blacksmiths 
 of cavalry, and artificers of artillery, eighteen dollars; pri- 
 vates of cavalry, artillery, and infantry, sixteen dollars; 
 principal musicians of artillery and infantry, twouty-two 
 dollars ; leaders of brigade and regimental bands, soventj-- 
 five dollars ; musicians, sixteen dollars ; hospital stewards 
 of the first class, thirty-three dollars ; hospital stewai'ds 
 of the second class, twenty-five dollars ; hospital stewards 
 of the thii-d cUiss, twenty-three dollars." 
 
 July 4 — This bill became a law : 
 Be it enacted, dc. That the President of the United States 
 may, at his discretion, at any time hereafter call for any 
 number of men as volunteers for the respective terms of 
 one, two, and three years for military service ; and any 
 such volunteer, or, in case of draft, as hereinafter provided, 
 any substitute, shall bo credited to the town, township, 
 ward of a city, precinct, or election district, or of a county 
 not so subdivided towards the quota of which ho may have 
 volunteered or engaged as a substitute; and every volun- 
 teer who is accepted and mustered into the service for a 
 term of one year, unless sooner discharged, shall receive, 
 and be paid by the United States, a boimty of one hundred 
 dollars; and if for a term of two years, unless sooner dis- 
 charged, a bounty of two hundred dollars ; and if lor a 
 term of three years, unless sooner discharged, a bounty of 
 
ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 117 
 
 three hundred dollars; one third of which bounty shall be 
 paid to the soldier at the time of his being mustered into 
 the service, one-third at the expiration of one-half of his 
 term of service, and one-third at the expiration of his term 
 of service. And in case of his death while in service, the 
 residue of his bounty unpaid shall be paid to his widow, if 
 he shall have left a widow; if not, to his children; or if 
 there be none, to his mother, if she be a widow. 
 
 Sec. 2. That in case the quota, or any part thereof, of any 
 town, township, ward of a city, precinct, or election dis- 
 trict, or of any county not so subdivided, shall not be filled 
 within the space of fifty days after such call, then the 
 President shall immediately order a draft for one year to 
 fill such quota, or any part thereof, which may be unfilled ; 
 and in case of any such draft no payment of money shall 
 be accepted or received by the Government as commutation 
 to release any enrolled or drafted man from personal obli- 
 gation to perform military service. 
 
 Sec. 3. That it shall be lawful for the executive of any 
 of the States to send recruiting agents into any of the 
 States declared to be in rebellion, except the States of Ar- 
 kansas, Tennessee, and Louisiana, to recruit volunteers 
 under any call under the provisions of this act, who shall 
 bo credited to the State, and to the respective subdivisions 
 thereof, which may procure the enlistment. 
 
 Sec. 4. That drafted men, substitutes, and volunteers, 
 when mustered in, shall be organized into, or assigned to, 
 regiments, batteries, or other organizations of their own 
 States, and, as far as practicable, shall, when assigned, be 
 permitted to select their own regiments, batteries, or other 
 organizations from among those of their respective States 
 which at the time of assignment may not be filled to their 
 maximum number. 
 
 Sec. 5. That the twentieth section of the act entitled "An 
 act to amend an act entitled 'An act for enrolling and calling 
 out the national forces, and for other purposes,' " approved 
 February twenty-four, eighteen hundred and sixty-four, 
 shall bo construed to mean that t!ie Secretary of War shall 
 discharge minors under the age of eighteen years under the 
 circumstances and on the conditions prescribed in said sec- 
 tion; and hereafter, if any ofiBcer of the United States 
 shall enlist or muster into the military service any person 
 under the age of sixteen years, with or without the con- 
 sent of his parent or guardian, such person so enlisted or 
 recruited shall be immediately discharged upon repay- 
 ment of all bounties received; and such recruiting or mus- 
 teiiag officer who shall knowingly enlist any person under 
 sixteen years of age shall be dismissed the service, with 
 forfeiture ot all pay and allowances, and shall be subject 
 to such further punishment as a comt-martial may di 
 rect. 
 
 Sec. 6. That section three of an act entitled "An act to 
 amend an act entitled 'An act for enrolling and culling out 
 the nationr.l forces, and for other purposes,' " approved 
 February twenty-four, eighteen hui died and sixty-four, " 
 and the same is hereby, amended, so as to authorize and 
 direct district provost marshals, under the direction of the 
 Provost M^irshal General, to make a drafi for one hundred 
 per centum in addition to the number required to fill the 
 quota of any district as provided by said section. 
 
 Sec. 7. That instead of travelling pay, all drafted persons 
 reporting at the place of rendezvous shall be allowed trans- 
 portation from their places of residence ; and persons dis- 
 charged at the place of rendezvous shall be allowed trans- 
 porlatioa to their places of residence. 
 
 Sec. 8. That all persons in the naval service of the.United 
 States who have entered said service during the present re- 
 bellion, who have not been credited to the quota of any 
 town, district, ward, or State, by rea.son of their being in 
 siiid service and nut enrolled prior to February twenty- 
 four, eighteen hundred and si.xty-four, shall be enrolled 
 and credited to the quotas of the trnvn, ward, district, or 
 State, in which they respectively reside, upon satisfactory 
 proof of their residence made to the Secretary of War. 
 
 Sec. 9. That, if any person duly drafted shall be ab.oent 
 from home in prosecntion of his visual business, the provost 
 marshal of the district shall c.iuse him to be duly notified 
 as soon as he may be, and ho shall not be deemed a deserter, 
 nor liable as such, until notice has been given him, and 
 reasonable time allowed for him to return and report to the 
 provost marshal of his district; but such absence shall not 
 affect his liability under this net. 
 
 Sec. 10. That nothing contained in this act, shall be con- 
 strued to alter or in any way affect the provisions of the 
 Seventeenth section of an act approved February twenty- 
 fourth, eighteen hundred and sixty-four, entitled " An act 
 to amend iin act entitled ' An act for enrolling and calling 
 out the national forces, and fr other purposes,'" approved 
 March third, eighteen hundred and sixty-three. 
 
 Sec. 11. That iio.hing contained in this act shall be con- 
 strued to al ter or change the provisi ons of existing laws rola- 
 tivo to pcTuiitting persona liable to military service to 
 furnish substitutes. 
 
 "Confederate" Military Legislation. 
 
 February 28, 1861, (four days before the in- 
 auguration of Mr. Liucoln) — The "Confede- 
 rate" Congress passed a bill providing — 
 
 1st. To enable the Government of the Con- 
 federate States to maintain its jurisdiction over 
 all questions of peace and war, and to provide 
 for the public defence, the President be, and he 
 is hereby authorized and directed to assume 
 control of all military operations in every State, 
 having reference to a connection with questions 
 between the said States, or any of them, and 
 Powers foreign to them. 
 
 2d. The President was authorized to receive 
 from the several States the arms and munitions 
 of war which have been acquired from the Uni- 
 ted States. 
 
 3d. He was authorized to receive into Gov- 
 ernment service such forces in the service of 
 the States, as may be tendered, in such num- 
 ber as he may require, for any time not less 
 than twelve months, unless sooner discharged. 
 
 March 6, 1861 — The President was authorized 
 to employ the militia, military and naval forces 
 of the Confederate States to repel invasion, 
 maintain rightful possession of the territory, 
 and secure the public tranquillity and independ- 
 ence against threatened assault, to the extent 
 of 100,000 men, to serve for twelve months. 
 
 May 4, 1861 — One regiment of Zouaves au- 
 thorized. 
 
 May 6, 1861— Letters of marque and reprisal 
 authorized. 
 
 1861, August 8— The Congress authorized 
 the President to accept the services of 400,000 
 volunteers, to serve for not less than twelve 
 months nor more than three years after they 
 shall be mustered into service, unless sooner 
 discharged. 
 
 The Richmond Enquirer of that date an- 
 nounced that it was ascertained from official 
 data, before the passage of the bill, that there 
 were not less than 210,000 men then in the 
 field. 
 
 August 21 — Volunteers authorized for local 
 defence and special service. 
 
 1862, January — Publishers of newspapers, or 
 other printed matter, are prohibited from giv- 
 ing the number, disposition, movement, or des- 
 tination of the land or naval forces, or descrip- 
 tion of vessel, or battery, fortification, engine 
 of war, or signal, unless first authorized by the 
 President or Congress, or the Secretary of War 
 or Navy, or commanding officer of post, district, 
 or expedition. The penalty is a fine of §1,000 
 and imprisonment not over twelve month.s. 
 
 18G2, February — The Committee on Naval 
 Affairs were instructed to inquire into the ex- 
 pediency of placing at the disposal of the Pres- 
 ident five millions of dollars to build gunboats. 
 
 1862 — Bill passed to "regulate the destruc- 
 tion of property under military necessity," 
 referring particularly to cotton and tobacco. 
 The autLiorities are authorized to destroy it to 
 keep it from the enemy ; and owners, destroy- 
 ing it for the same purpose, are to be indemni- 
 fied upon proof of the value and the circum- 
 stances of the destruction. 
 
 1862, April 16 — The first "conscription" 
 
118 
 
 ADMINISTKATION OF ABRAHAM LINCOLN. 
 
 bill became a law. The Richmond Enquirer, of 
 April 23, gives this abstract of it : 
 
 To the law of Congress, a.s published, there were sub- 
 eequently passed several amendments or auxiliary laws. 
 Wo present tho following synopsis of the law as thus 
 modified : 
 
 The conscription law places in the service of the Confed- 
 erate States, for three years, unless tho war sooner ends, all 
 white men between ei^itcen and thirt>/-five yews of age, 
 resident in, the Confederate States, and not legally exempt 
 frofin service. 
 
 The law is silent as to exemptions ; but an act defining 
 the class of exempts has since been passed, which embraces 
 generally those hitherto exempt, with some additions. 
 
 All twelve months' m«n between the prescribed age^, are 
 ccmtinued in service for two years from the expiration of 
 their present term, should the war continxie so long ; and all 
 those under eighteen and over thirty-five, are to I)e retained 
 for ninety days after their term expires, unless their places 
 are sooner supplied by recruits. 
 
 The twelve months' men between eighteen and thirty- 
 five, who are retained beyond their term of enlistment, and 
 who have not yet received bounty and furlough, shall re- 
 ceive both ; the furloughs, however, to be granted in such 
 numbers and at such times as the Secretary of War may 
 deem most compatible with the public Interest ; and the 
 men may receive in lieu of furlough, the commutation 
 value in money of the transportation granted to furloughed 
 men by the act. 
 
 The'term of service of those who originally enlisted for 
 the war, or who have since re-enlisted for that period, is not 
 aftected by the law. 
 
 Men now in service are not permitted to re-enlist in 
 other organizations than those to which they now belong ; 
 and all re-enlistments that have been made from one exist- 
 ing company to another, or into a new company, where the 
 re-enlistment has not been perfected by actual transfer, are 
 in efl'ect canceled. 
 
 Companies, battalions, and regiments of twelve months' 
 men, retained in service by the act, shall be entitled, within 
 forty days from the date of the act, on a day to bo jBxed by 
 the commander of the brigade, to reorganize by electing 
 all their officers whom they liad a right heretofore to elect. 
 
 Companies, battalions, squadrons, or regiments organized, 
 or in process of organization, by authority from the Secre- 
 tary of War, which may, witliin thirty days from the pass- 
 age of the act, have tho" whole number of men necessary to 
 complete their organization actually enrolled, not includ- 
 ing, however, in that number per svns now in service, shall be 
 mustered into the service of the Confederate States, and be 
 received in that arm of the service in which they were au- 
 thorized to organize, and elect their company, battalion, 
 and regimental officers. 
 
 To enroll the persons contemplated by the act, and not 
 now in service, the President may, with the consent of the 
 Governors of the States, employ State officers ; if such con- 
 sent cannot bo obtained, Confederate officers shall be ap- 
 pointed by the President. 
 
 Persons" not now in service, who shall be enrolled, shall 
 be assigned by the Secretary of War to the different com- 
 panies of the State from which such persons are drawn, 
 until each company is filled to its maximum number. 
 
 Seamen and ordinary seamen, enrolled under the act, 
 may, on application of the Secretary of tho Navy, be trans- 
 ferred to the naval service. 
 
 If, after filling up the companies, regiments, battalions, 
 and squadrons from any State, there shall remain any of 
 tho em-oiled men, the excess shall bo kept as a reserve; and 
 at stated intervals, not exceeding three months, details, to 
 be made by lot, shall be drawn from tho reserve to keep the 
 companies as nearly full as practicable. The persons so 
 reserved remain at home until called into service, and re- 
 ceive no pay until actually mustered in. 
 
 They are not, while at home in reserve, subject to the 
 rules and articles of war, except that if they wilfully refuse 
 to obey a call of the President, they shall be held as de- 
 serters, and punished as such. 
 
 AA'heucver the President shall think that the exigencies 
 of the service require it, he may call into active service the 
 entire reserve, or as much as may bo necessarj', and they 
 shall be organized under such rules as the Secretary of War 
 may adopt, and shall elect their field and company officers. 
 
 The reserves from each State, when thus called out, shall 
 be organized sepjirately. 
 
 Every man mustered into service, who shall bring with 
 him a musket, shot gun, rifle or carbine accepted as an 
 efficient weapon, shall receive the value of it as ascertained 
 by the mustering officer under such regulations as the Sec- 
 retary of War may prescribe, or if the owner be unwilling 
 to sell, he shall receive $1 a month for the use of such 
 arm. 
 
 not liable to duty may be received as substi- 
 
 tutes, under such regulations as the Secretary of War may 
 prescribe. 
 
 A'acancies may be filled by the President from the com- 
 pany, battalion, squadron or regiment in which such 
 vacancies occur, by promotion according to seniority, ex- 
 cept in cases of disability or other incompetency. 
 
 Tho President may, however, fill a vacancy by promoting 
 any officer of tho company, battalion, squadron, or regi- 
 ment, who may have been distinguished in the service by 
 valor and skill, without reference to seniority. Vacancies 
 in the lowest grade of commissioned officers of a company 
 shall be filled by election, or the President may promote to 
 such vacancies non-commissioned officers who have distin- 
 guished themselves by skill and valor in the service. Per- 
 sons not now in service may, before being enrolled, volun- 
 teer with existing companies now in service. 
 
 DAVIS'S CONSCRIPTION PROCLAMATION. 
 [From the Richmmd Enquirer, July IS, 1863.] 
 
 PROCLAMATION BT THE PRESIDENT. 
 
 WTiereas, It is provided by an act of Congress, entitled 
 " An Act to further provide for the public defence," ap- 
 proved on the ICtli day of April, 1 S6'2, and by another act 
 of Congress, approved on the 27 th Scptemlier, 1862, en- 
 titled " An Act to amend an act antitled ' An Act to pro- 
 vide further for the public defence,' " approved 16th April, 
 1862, that the President be authorized to call out and place 
 in the military service of the Confederate States, for threo 
 years, unless the war shall have been sooner ended, all 
 xvhite men who are residents of the Confederate States be- 
 tween the ages of IS and 45 years, at the time the call may 
 be made, and who are not at such time legally exempted from, 
 military service, or such part thereof as in his judgment 
 may be necessary to the public defence ; and 
 
 Whereas, in my judgment the necessities of the public 
 defence require that every man capable of bearing arms, 
 between the ages aforesaid, should now be called out to do 
 his duty in the defence of his country, and in driving back 
 the invaders now within the limits of the Confederacy: 
 
 Now, therefore, I, Jefi'erson Davis, President of the Con- 
 federate States of America, do, by virtue of the powers 
 vested in me as aforesaid, call out and place in the military 
 service of the Confederate States all white men residents 
 of said States, between the ages of eighteen and forty-fivo 
 years, not legally exempted from military service ; and I 
 do hereby order and direct that all persons subject to this 
 call, and not now in the military service, do, upon being 
 enrolled, forthwith repair to the conscript camps cbtablished 
 in the respective States of which they may bo residents, 
 under pain of being held and punished as deserters in the 
 event of their failure to obey this call, as provided in said 
 laws. 
 
 And I do further order and direct that the enrolling offi- 
 cers of the several States proceed at once to enroll all 
 persons embraced within the terms of this proclamation, 
 and not heretofore enrolled. 
 
 And I do further order that it shall be lawful for any 
 person embraced within this call to volunteer for service 
 before enrollment, and that persons so volunteering be al- 
 lowed to select the arm of service and the company which 
 they desh-o to join, provided such company be deficient in 
 the full number of men allowed by law for its organization. 
 
 Given under my hand and the seal of the Confederate 
 States of America, at the City of Richmond, on this 15th 
 day of July, in the year of our Lord 1S6-3. 
 
 JEFFERSON DAVIS. 
 
 By the President: J. P. Benjamin, Sec. of State. 
 
 orders under the conscription act. 
 
 Adjutant and Inspector General's Office, Richmond, 
 July 20, ISGS.—GeJieral Orders, Ko. 98.— I. All wliite male 
 residents of the Confederate States, between the ages of 
 eighteen and forty-five, not exempted by law, and not 
 already in tho service, will be enrolled. Persons liable 
 to enrollment may bo enrolled wherever they may be 
 found. 
 
 II. Tho first paragraph of General Order No. 86, current 
 series, is so amended as to read as follows : companies, bat- 
 talions and regiments composed of persons not within the 
 ago of conscription, (eighteen and forty-five,) will bo ac- 
 cepted as volunteers throughout the Confederacy, under the 
 act of August 21, 1861, (No. 209,) for local defence and 
 special service. Those persons belonging to such organizar 
 tions, who are of conscript age, and neither exempted by 
 law, nor already in tho sei-vice, will be discharged, and re- 
 ported to the bureau of conscription for enrollment. 
 
 III. Tho following regulation will bo in adtlition to those 
 heretofore published in regard to substitutes: Hereafter 
 every person furnishing a substitute, in accordance with 
 existing regulations, shall become liable to, and be immeili- 
 ately enrolled for military duty, upon the loss of the ser- 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 119 
 
 vices of the substitute furnished by him from any cause 
 Other than the casualties of war. 
 
 By order, S. COOPER, 
 
 Adjutant and Insx>ector General. 
 
 1864, February. The second conscription 
 bill became a law. 
 
 The Richmond Sentinel oi February IT, 1864, 
 contains a synopsis of what is called the mili- 
 tary bill, heretofore forbidden to be printed : 
 
 The first section provides that all white men residents of 
 the Confederate States, between the ages of seventeen and 
 fifty, shall bp in the military service for the war. 
 
 The second section provides that all between eighteen and 
 forty-five, now in service, shall be continued during the war 
 in the same regiments, battalions, and companies to which 
 they belong at the passage of this act, with the organization, 
 ofiicers, &c., provided that companies from one State organ- 
 ized against their consent, expressed at the time, with re- 
 grets, &c., from another State, shall have the privilege of 
 being transferred to the same arm in a regiment from their 
 own State, and men can be transferred to a company from 
 their own State. 
 
 Section three gives a bounty eight months hence of §100 
 in rebel bonds. 
 
 Section four provides that no person shall be relieved 
 from the operations of this act heretofore discharged for dis- 
 ability, nor shall those who furnished substitutes be exempted, 
 where no disability now exists; but exempts reUgious per- 
 sons who have paid an exemption tax. 
 
 Section five provides for the enrolling of all white male 
 residents of the Confederate States between seventeen and 
 eighteen, and forty-five and fifty, at such time and under 
 such regulations as the President may prescribe ; time al- 
 lowed east of the Jlississippi tliiitj', and west sixty days ; 
 any person failing to enroll without good excuse shall be 
 placed in the field for the war as if he wore between eighteen 
 and forty-five. Persons mentioned in tliis section shall con- 
 stitute a" reserve for State defence and detail duty, and not 
 required to perform service out of the State in which they 
 reside. 
 
 Section seven provides that any person who shall fail to 
 attend at the place of rendezvous appointed by the Presi- 
 dent, and not excused by him, shall be liable to be placed 
 in the field service for the wsir. 
 
 Section eight declares that hereafter all positions as 
 clerks, guards, agents, employees, or laborers on provost, 
 hospital, or ordnance duty, or in the Quartermaster or Com- 
 missary Departments, and all simihu- duties, shall be filled 
 by such p -i-joiis between the ages of eighteen and forty-five 
 as may be d. chired by a board of examining surgeons to be 
 unfit ijr active field service, and when these r.re exhausted, 
 then from those between seventeen and eighteen, <ind fortj'- 
 five and fifty : provided that the President may dotiiil arti- 
 sans, mechanics, or persons of scientific skill to perform 
 indispensable duties in the bureaux herein named. 
 
 The tenth section provides that no person shall be ex- 
 empt except the following : ministers, superintendents of 
 deaf, dumb, and bUnd, or insane asylums ; one editor to 
 each newspaper, and such employees as he ui.iy swear to be 
 i:u!ispius:iljlc; the Confederate and m, : j ;■ ',:■• printers, 
 and tln' journeymen printers iH' ■ .. ; i ./"rm the 
 public iJiiiiting; one apothecary t^- ■ : .. m .re, who 
 
 was and h.-.s been continuously doin;. In ci— , ,;~ suchsince 
 October 10, 1SC2; physicians over CO years of ago of seven 
 years' jiractiec, not including dentists; presidents and 
 teachers of colleges, academies, and schools, who have not 
 loss than 30 pupils; superintendents of public hospitals 
 cstablisiied by law, and such physicians and nm-ses as may 
 be indispensable for their elScient management. 
 
 One agriculturist on each farm wliore there is no white 
 male adult not liable to duty employing fifteen able-bodied 
 slaves, between 10 and 50 years of age, upon the following 
 conditions : 
 
 The party exempted shall give bonds to deliver to the 
 Govrrnuicut in the next twelve months, 100 pounds of 
 bacon, or its equivalent in salt pork, at Government selec- 
 tion, and 100 pounds of boef for each such able-bodied slave 
 employed on said farm, at commissioner's rates. 
 
 In cert;un cases this may be commuted in griiin or other 
 provisions. 
 
 The person shall further bind himself to sell all surplus 
 provisons now on hand, or which ho may raise, to the Uov- 
 ernment, or the families of soldiers, at commissioner's 
 rates, the person to be allowed a credit of 25 per cent, on 
 any amount lie may deliver in three months from the pas- 
 po"" of this act; Provided that no enrollment since Feb. 1, 
 l^i4. -li ill deprive the per-son enrolled from the benefit of 
 tliH I'X'inption. 
 
 I;i adlition to the above, the Secretary of War is au- 
 thi'ii/ed to make such details as the public security re- 
 quu-es. 
 
 The officers and employees of railroad companies en- 
 gaged in military transportation, not beyond one for each 
 mile used in such transportation, and under cerfciin restric- 
 tions. Also, exempts mail contractors and carriers. 
 
 The eleventh section authorizes tlio President to detail 
 either from between 45 and 50 or from the army in the 
 field when necessity requires it, and may, when he thinks 
 proper, revoke such details. Provided," that he shall not 
 exempt or detail any contractor for furnishing supplies, 
 &c., by reason of such contract, except the head of a de- 
 partment shall certify that such exemption is indispensa- 
 ble ; the exemption to cease if the contractor fails to com- 
 ply with his contract. 
 
 The twefth section declares that the Board of Surgeons 
 shall not be appointed from the county or district in which 
 they are required to make examinations. 
 
 The vote in the House of Respresentatives 
 was — yeas, 41 ; nays, 31. 
 
 GDEERILLAS, 
 
 1862, April 21 — The President was authorized 
 to commission such officers as he may deem 
 proper, with authority to form bands of parti- 
 san rangers, in companies, battalions or regi- 
 ments, either as infantry or cavalry, to receive 
 the same pay, rations, and quarters, and be 
 subject to the same regulations as other soldiers. 
 For any arms and munitions of war captured 
 from the enemy by any body of partisan ran- 
 gers, and delivered to any quartermaster at 
 designated place, the rangers shall be paid their 
 full value.* 
 
 The following resolution, in relation to parti- 
 san service, was adopted by the Virginia Legis- 
 lature, May 17, 1862 : 
 
 Whereas, this General Assembly places a high estimate 
 upon the value of the ranger or partisan service in prose- 
 cuting the present war to a successful issue, and regards it 
 as perfectly legitimate; and it being understood that a 
 Federal commander on the northern border of Tirginia has 
 intimated his pmpose, if such service is not discontinued, 
 to lay waste by fire the portion of om- territory at present 
 under his power. 
 
 Resolved by the General Assembly, That in its opinion, 
 the policy of employ^ing such rangers and partisans ought 
 to be carried out energetically, both by the authorities of 
 this State and of the Confederate States, without the slightest 
 regard to such thi-eats. 
 
 By another act, the President was authorized, 
 in addition to the volunteer force authorized 
 under existing laws, to accept the services of 
 volunteers who may offer them, without regard 
 
 * 1S64, February 15 — Repealed the above act, but pro- 
 vided for continuing organizations of partisan rangers act- 
 ing as regular cavalry and so to continue ; and authorizing 
 the Secretary of War to provide for uniting all bands of 
 partisan rangers with other organizations and bringing 
 them under the general discipline of the provisional ai-my. 
 Tlie act authorizes the Secretary of War, in his discretion, 
 to exempt from its operation such companies as are serving 
 within the lines of the enemy. 
 
 In a late cavalry raid by Col. Lowell, towards Upperville, 
 Va., Lieut, llenry E. Alvord, of the Second M;u;s.ichusei:s 
 Cavalry, captured Major Moseby's private p;iper.=, and 
 found his commission as major of guerrillas, which is as 
 follows : 
 
 Confederate States of Asierica, War Dei>aet.me>'t, 
 RiCHMOXD, March 26, 1S63.— You are hereby informed that 
 the President has conferred ujjon you the rank of JIajor of 
 Partisan Hungers, under the act approved April 21, 1.''02, in 
 the Provisional Army of the Confederate States, to date as 
 such from the 26th of March, 1S03. Immeiliately on receipt 
 thereof please communicate to this Department, to the 
 Adjutant and Inspector General, announcing your accept- 
 ance of said appointment. With your letter of acceptance 
 to the Adjutant and Inspector General, you will fill up 
 properly the enclosed oath, and subscribe and swear to it; 
 at the same time state your age, residence, and when ap- 
 pointed, and the State in which you were born. Should 
 you accept, report for duty to General R. E. Lee. 
 
 JAMES A. SEDDON, Secretary of War. 
 Major John Mosebt. 
 
120 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 to the place of ■enlistment, to serve for and 
 during the existing war. 
 
 18G2, May 27 — Maj. Gen. John B. Floyd was 
 authorized by the Legislature of Virginia, to 
 raise ten thousand men, not now in service or 
 liable to draft, for twelve months. 
 
 18G2, September 27 — The President was 
 authorized to call out and place in the military 
 service for three years, all white men who are 
 residents, between the ages of thirty-five and 
 forty-five, at the time the call may be made, 
 not legally exempt. And such authority shall 
 exist in the President, during the present war, 
 as to all persons who now are, or hereafter 
 may become eighteen years of age, and all poi- 
 sons between eighteen and forty-five, once en- 
 rolled, shall serve their full time. 
 
 THE TWENTT-NEGEO EXEMPTION LAW. 
 
 18G2, October 11 — Exempted certain classes, 
 described in the repealing law of the next ses- 
 sion, as follows : 
 
 The dissatisfaction of the people with an act passed by 
 the Confedorate Congress, at its last session, by which per- 
 sons owning a certain number of slaves were exempted 
 from the operation of the conscription law, has led the 
 members at the present session to reconsider their work, 
 and already one branch has passed a bill for the repeal of 
 the obnoxious law. This bill provides as follows : 
 
 " The Congress of the Confederate States do enact, That so 
 much of the act approved October 11, 1862, as exempts from 
 miltary service ' one person, either as agent, owner, or over- 
 seer, on each plantation on which one white person is re- 
 quired to be kept by the laws or ordinances of any State, 
 and on wliich there is no white male adult not liable to 
 military service, and in States having no such law, one per- 
 son, as agent, owner, or overseer on such plantation of 
 twenty negroes, and on which there is no white male adult 
 not liable to military service ;' and also the following clause 
 in said act, to wit : ' and furthermore, for additional police 
 of every twenty negroes, on two or more plantations, within 
 five miles of each other, and each having less than twenty 
 negroes, and on which there is no white male adult not 
 liable to military duty, one person, being the oldest of the 
 owners or overseers on such plantations,' be and the same 
 are hereby repealed ; and the persons so hitherto exempted 
 by said clauses of said act are hereby made subject to mili- 
 tary duty in the same manner that they would be had said 
 clauses never been embraced in said act." 
 
 RESTRICTIONS UPON VOLUNTEERING. 
 
 From the Richmond Examiner, January 30, 
 1864: 
 
 General Orders have been issued in the Adjutant General's 
 office, instructing the enrolling officers to proceed as rapidly 
 as possible with the new conscription. The privilege of 
 volunteering is restricted in these orders by two important 
 conditions : 
 
 " 1. The company selected must have been in service on 
 the 10th of April, 1862. 
 
 " 2. The company selected must be, at the time of volun- 
 teering, below the minimum number prescribed by regula- 
 tions." 
 
 JUDICIAL RULINGS UPON CONSCRIPTION. 
 
 The Richmond papers of March. 1864, men- 
 tion the following decision in reference to the 
 conscription act : 
 
 " In the case of J. R. F. Borroughs vs. T. G. Peyton, and 
 L. P. Abrahams vs. the same, the Court of Appeals of Vir- 
 ginia on yesterday rendered a decision. These cases came 
 before the court on habeas corpus, the plaintiffs praying to 
 be discharged from the custody of the conscript officer, on 
 the ground that they had furnished substitutes — the one 
 under the State law of February, 1862, the other the Con- 
 federate States law. 
 
 "The court unanimously rejected the petitions in both 
 cases, and remanded the parties to the military ofiiccr. 
 The opinion was delivered by Judge William J. Robertson, 
 and is able and elaborate. It brought under review the 
 constitutionality both of the conscript law and that repeal- 
 ing the exemptions of such conscripts as have furnished 
 Bubstitutes, and it fully sustained the action of Congress in 
 
 both instances. The conscript law is a legitimate exercise 
 of the power of Congress to raise armies, which is distinct 
 from and additional to the power to emplby the militia of 
 tho country. The privilege of putting in substitutes, until 
 recently allowed, was an act of grace and favor to the citi- 
 zen, and not a contract in any respect to which the Gov- 
 ernment was a party. 
 
 "Nor would the Government have had a right to make 
 
 h contract as in this case is contended for. As an act of 
 
 grace it was, of course, repealable at the will of Congress. 
 
 Even if Congress had had the power to make such contract, 
 
 and had exercised it, yet the conditions necessarily attach- 
 
 g would have rendered the contract repealable if, in the 
 judgment of Congress, the exigencies of the country re- 
 quired it. Congress was the solo judge of a public neces- 
 sity of this natm-e, and the preamble to the law repealing 
 substitutions recognized this." 
 
 STATE RIGHTS AND PERSONAL LIBERTY. 
 
 The Macon (Georgia) Telegraph gives tho points of the' 
 first legal decision made in the State of Georgia under the 
 act of tbe Confederate Congress repealing tho sulistitute 
 law, and compelling those who had furnished substitutes 
 to go into the army. It is the judgment of Judge Loch- 
 rane, of the Superior Court for Macon Circuit, and was 
 delivered on the 11th of February, in the case of Dennis 
 Daley and Philip Fitzgerald, and is interesting as showing 
 what are held to be State-rights and personal liberty in the 
 Confederate States. Wo quote : 
 
 " Judge Lochrano held it waS not only the right, but the 
 duty of a nation to prot ect itself, and that any contract or 
 right flowing out of the operation of law which came in 
 conflict with tho preservation of the State, was an uncon- 
 stitutional act — not obligatory on the law-making power, 
 and \vithin the constitutional power of the Government to 
 repeal. 
 
 " That the act allowing substitutes was to be regarded as 
 a contract discharging principals from being called into 
 the service. It was then a contract that the principal 
 should not fight in the defence of the country when it was 
 endangered, and such contract was unauthorized by every 
 principle of constitutional law. If our first Congress had 
 agreed to exempt all men from taxation during the war 
 who paid into the treasury $500, such exemption could 
 have been set aside by any subsequent legislature, when 
 the public safety and self-preservation of the Government 
 demand it. 
 
 " He held that the interest of every citizen was the same 
 as that of the Government of which ho formed a part, and 
 the mibtary service rendered by the substitute was just as 
 much rendered to the principal as a citizen of thi Govern- 
 ment itseU^— liis life, his honor, his property, and his Uberty 
 were defended by the act, and the consideration enured to 
 him as a member of the society which composed the Gov- 
 ernment. 
 
 " Contracts and vested rights must all bend to the exigen- 
 cies of the Government, of which tho legislature was the 
 judge, and any act of the Legislature contravening the pub- 
 lic interest may bo repealed when the safety of the people 
 becomes the supreme law. 
 
 "The vested rights of fathers may be annulled over their, 
 minor children, to make them soliliers when the public 
 interests demand it, and the law-making power has so 
 declared. 
 
 " All rights, all property, all persons who are citizens of a 
 Government, may be used by the Government in time of 
 war, and it was the duty of courts to sustain tho Govern- 
 ment in the appropriation of the means exercised right- 
 fully by the Legislature to protect the whole people from 
 subjugation and ruin." 
 
 1864, March 22— The Supreme Court of 
 Georgia are reported as having, to-day, unani- 
 mously afiBrmed the constitutionality of the 
 anti-substitute law. 
 
 IN NORTH CAROLINA. 
 [From Richmond Sentinel, March 8, 1864.] 
 Habeas Corpus Writs Refcseb.— Tho Raleigh Confederate 
 stiites that Judge Battle has lately refused to issue writs of 
 habeas corpus in a immber of cises when appUed for by per- 
 sons who liad placed Bubstitutes in the army, on the gi-oimd 
 that the ^vl•it was suspended in all such cases by the late aot 
 of Congress. 1 1 also leiirns that such is the opinion of Judge 
 ]\Ianly. Judges Pearson, Battle, .and Manly constitute tlie 
 Supremo Court of North Carolina, and as t^vo of the three 
 judges sustain the Government in the suspension of the 
 writ of habeas corpus, the final decision of tho matter 
 against the substitute men is only a question of time. 
 
 Judge Pearson is said to hold the contrary 
 opinion. 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 121 
 
 MAETIAL LAW. 
 
 March 1, 1862 — Jefferson Davis President, 
 "by virtue of the power vested in him by law 
 to declare the suspension of the privileges of 
 tlie writ of Habeas Corpus in cities threatened 
 with invasion," proclaimed that martial law 
 was extended over Richmond and the adjoin- 
 ing country to the extent of ten miles. He 
 prohibited all distillation of spirituous liquors, 
 and directed that the distilleries be forthwith 
 closed and the establishments for the sale 
 thereof closed. Many Union men were arrested 
 at once and imprisoned. 
 
 April 8, 1862, Davis issued a proclamation 
 extending martial law over East Tennessee and 
 euspending all civil jurisdiction and the writ of 
 Habeas Corpus. Col. W. M. Churchwell was 
 made provost marshal and was charged with 
 the execution of the proclamation. 
 
 May 3, 1862, Davis issued a like proclama- 
 tion with reference to the counties of Lee, 
 Wise, Buchtman, McDowell, and Wyoming in 
 Virginia, under the command of Brig. Gen. 
 Humphrey Marshall. 
 
 August 14, 1861, Davis issued this 
 
 proclamation op banishment : 
 
 s, the Congress of the Confederate States of Amer- 
 ica did, by an act approved on the 8th day of August, 1861, 
 entitled "An act respecting alien enemies,"' make provision 
 that proclamation should be issued by the President in re- 
 lation to alien enemies, and in conformity with the provisions 
 of said act : 
 
 Now, therefore, I, Jefferson Davis, President of the Con- 
 federate States of America, do issue this my proclamation : 
 and I do hereby warn and require every male citizen of the 
 United States, of the age of fourteen years and upwards, now 
 ■within the Confederate States, and adhering to the Govern- 
 ment of the United States, and acknowledging the authority 
 of the same, and not being a citizen of the Confederate States, 
 to depart from the Confederate States within forty days from 
 the date of this proclamation. And I do warn all persons 
 above described, who shall remain within the Confederate 
 States after the expmition of said period of forty days, that 
 they will be treated as alien enemies. 
 
 Provided, however. That this proclamation shall not be 
 considered as applicable, during the existing war, to citizens 
 of the United States residing within the Confederate States 
 with intent to become citizens thereof, and who shall make 
 declaration of such intention in due form, acknowledging 
 the authority of this Government ; nor shall this proclamation 
 be considered as extending to the States of Delaware, Mary- 
 land, Kentucky, Missouri, the District of Columbia, the 
 Territories of Arizona and New Mexico, and the Indian Ter- 
 ritory south of Kansas, whe shall not be chargeable with 
 actual hostility or other crime against the public safety, and 
 who bhall acknowledge the authority of the Government of 
 the Confederate States. 
 
 And I do further proclaim and make known that I have 
 estabUshcd the rules and regulations hereto annexed in ac- 
 cordance with the provisions of said law. 
 
 Given under my hand and the seal of the Confederate 
 States of America, at the city of Kichmond, on the 1-lth day 
 of August, A. D. 1S61. 
 
 By the President: JEFFERSON DAVIS. 
 
 R. M. T. UuNTER, Secretary of State. 
 
 TO THE DISAFFECTED PEOPLE OF EAST TEN^fESSEE. 
 
 The undersigned, in executing martial law in this Depart- 
 ment, assures those interested who have fled to the enemy's 
 lines, and v ho are actually in their army, that he will wel- 
 come theu- return to their fiomcs and families; they are of- 
 fered annesty and protection if they come to lay down their 
 arms and act as loyal citizens within the thirty days given 
 them by M.'ij. Gen. E. Kikbt Sinin to do so. 
 
 At the end of that time, those failing to return to their 
 homes and a(;ccpt the amnesty thus offered, and provide for 
 Eiiid protect their wives and diildren in East Tennessee, will 
 have them sent to their care in Kentucky, or beyond the 
 Confederate State lines, at their own expense. 
 
 All that leave after this date, with a knowledge of the 
 above facts, will have their families sent immediately after 
 thera. 
 
 The women and children must be taken care of by husbands 
 
 and fathers, either in East Tennessee or in the Lincoln Gov. 
 ernment. 
 
 W. M. CHURCHWELL. 
 
 Colonel and Provost Marshal. 
 Knoxvtlle, Tenn., April 23, 1862. 
 
 STRENGTH OF THE REBEL ARMY. 
 
 1864, Jan. 30. — In debating the bill to repeal 
 the Substitute Exemption bill, Mr. Wm. N. H. 
 Smith, of North Carolina, said, the •' Confed- 
 erates " had at this time four hundred thousand 
 men on their muster roll " of whom probably 
 one half were not there, and it was well known 
 we were unable to feed the fractional part who 
 were, in the field." 
 
 The Richmond Whiff of Jan. 1, 1864, allu- 
 ding to the passage of the above named bill, 
 has these comments : 
 
 We wish at this time only to make some passing com- 
 ments upon the tone manifested in Congress in the debates 
 upon this measure. A Senator (Mr. Orr of S. C.) among 
 other objections to the passage of the bill gravely questioned 
 its legality. 
 
 " If the pending bill becomes a law," said Mr. 0., " there 
 \n\l be great difficulty in executing it, by reason of the de- 
 cisions of the Courts in several of the States. We must ac- 
 quiesce in the decisions of the Courts, or resort to measures 
 wliich ho was not prepared for." A Senator from Missouri 
 (Mr. Clark,) representing a constituency wholly beyond the 
 action and control of our laws, replied, in urging its passage, 
 that " in regard to the action of the Courts, steps may and 
 should be taken to remove the subject beyond their juris- 
 diction." The Senator from Mississippi, (Mr. Brown,) goes 
 further : " We should not defer our legislation to consult the 
 views of every State Judge— to ascertain whether he will 
 overtlu-ow it or not by his judicial decision. We have high 
 duties to perform. Let us perform them without reference 
 to State Judges. There was a remedy against the interfer- 
 ence of the Courts, in the suspension of the writ of habeas 
 corpus." 
 
 The vote of Congress upon this measure shows to what 
 extent tte provisions of the Constitution are getting to b: 
 disregarded in the Legislative branch, and how far revolur 
 tionary sentiment already prevails in that body. The strength 
 of the popular respect for oirr Government, and the good 
 sense of the quiet masses, may for the moment allow such 
 declarations to pass without disturbance. The little respect 
 in which substitute men are held may influence a temporary 
 acquiesence in them. But the intelligent and ardent lover 
 of his country cannot witness such proceedings with indif- 
 ference, nor will he, with submission. 
 
 There is as much patriotism and intelligence out of the 
 halls of Congress as in it, and the tendency of the legisla- 
 tive and executive declarations so far this session to a sub- 
 version of the liberties of the country<ind a mihtary despotism 
 is already sowing the seeds of a counter revolution. Our 
 people claim it as their right, as the duty of the General 
 Government to insure to ihem, as the basis of the compact 
 by which they have a.ssociated together, that the Confederacy 
 is but a community of sovereign States. They look to the 
 Constitution as the supreme law of the Confederacy. They 
 regard it as among the blessings for which they are indebted 
 to their ancestry that they transmitted to us a wTitten Con- 
 stitution. It received the plighted faith of our fathers. It 
 is the hope of our posterity. To argue questions outside or 
 ahove it is but to assail the cause of law, of right, and order. 
 
 Meeting of the Thirty-Seventh Con- 
 gress. 
 
 The first session began July 4, 1861, and closed August 6, 
 1801. 
 
 The second session began December 2, 1861, and closed 
 July 17, 1SG2. 
 
 The third session began December 1, 1862, and closed 
 March 4, 1803. 
 
 Members op the Thirty-Seventh Congress, 
 
 March 4, 1861, to Makch 4, 1863. 
 Hannibal Hamlin, of Maine, President. 
 John W. Forney, of Pennsylvania, Secretary. 
 SENATORS. 
 Maine — Lot M. Morrill, William P. Fessen- 
 den. 
 
 New Hampshire — John P. Hale, Daniel 
 Clark. 
 
122 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 Vermont— Solomon Foot, Jacob Collamer. 
 
 Massachusetts — Charles Sumner, Henry 
 Wilson. 
 
 Rhode Island — James F. Simmons,* Henry 
 B. Anthony. 
 
 Connecticut — James Dixon, Lafayette S. 
 Foster. 
 
 New York — Preston King, Ira Harris. 
 
 New Jersey — John 11. Thomson,* John C. 
 Ten Ejck. 
 
 Pennsylvania — David Wilmot, Edgar Cow- 
 an. 
 
 Delaware — James A. Bayard, Willard Sauls- 
 bury. 
 
 Maryland — Anthony Kennedy, James A. 
 Pearce.* 
 
 Virginia.* 
 
 Ohio — Benjamin F. Wade, John Sherman. 
 
 Kentucky — Lazarus W. Powell, John C. 
 Breckinridge.* 
 
 Tennessee — Andrew Johnson. 
 
 Indiana — Jesse D. Bright,* Henry S. Lane. 
 
 Illinois — Orville H. Browning,* Lyman 
 Trumbull. 
 
 Missouri— Trusten Polk,* Waldo P. John- 
 son.* 
 
 Michigan — Zachariah Chandler, Kinsley S. 
 Bingham.* 
 
 Iowa — James W. Grimes, James Harlan. 
 
 Wisconsin— James R. Doolittle, Timothy 0. 
 Howe. 
 
 California — Milton S. Latham, James A. 
 McDougall. 
 
 Minnesota — Henry M. Rice, Morton S. Wil- 
 kinson. 
 
 Oregon — Edward D. Baker,* James W. Nes- 
 mith. 
 
 Kansas— James H. Lane, Samuel 0. Pomeroy. 
 
 REPRESENTATIVES. 
 
 Galusha a. Grow, of Pennsylvania, Speaker. 
 Emerson Etheridge, of Tennessee, Clerk. 
 
 Maine— John N. Goodwin, Charles W. Wal- 
 ton,* Samuel C. Fessenden, Anson P. Morrill, 
 John H. Rice, Frederick A. Pike. 
 
 New Hampshire — Gilman Marston, Edward 
 H. PtoUins, Thomas M. Edwards. 
 
 Vermont — E. P. Walton, Jr., Justin S. Mor- 
 rill, Portus Baxter. 
 
 Massachusetts — Thomas D. Eliot, James 
 Buffinton, Benjamin F. Thomas, Alexander H. 
 Rice, William Appleton,* John B. Alley, Daniel 
 W. Gooch, Charles R. Train, Goldsmith F. 
 Bailey,* Charles Delano, Henry L. Dawes. 
 
 Rhode Island— William P. Sheffield, George 
 H. Browne. 
 
 Connecticut — Dwight Loomis, James E. Eng- 
 lish, Alfred A. Burnham,* George C. Wood- 
 ruff. 
 
 New York— Edward H. Smith, Moses F. 
 Odell, Benjamin Wood, James E. Kerrigan, Wil- 
 liam Wall, Frederick A. Conkling, Elijah Ward, 
 Isaac C. Delaplaine, Edward Haight, Charles 
 H. Van Wyck, John B. Steele, Stephen Baker, 
 Abraham B. Oliii, Erastus Corning, James B 
 McKean, William A. Wheeler, Socrates N. Sher- 
 man, Chauncey Vibbard, Richard Franchot, 
 Roscoe Conkling, R. Holland Duell, William 
 
 * See memorandum at end of list. 
 
 I E. Lansing, Ambrose W. Clark, Charles B. 
 Sedgwick, Theodore M. Pomeroy, Jacob P. 
 Chamberlain, Alexander S. Diven, Robert B. 
 Van Valkenburgh, Alfred Ely, Augustus Fr-ink, 
 Burt Van Horn, Elbridge G.'Spaulding, Reuben 
 E. Fenton. 
 
 New Jersey — John T. Nixon, John L. N. 
 Stratton, William G. Steele, George T. Cobb, 
 Nehemiah Perry. 
 
 Pennsylvania — William E. Lehman, Charles 
 J. Biddle,* John P. Verree, William D. Kelley, 
 William Morris Davis, John Hickman, Thomas 
 B. Cooper,* Sydenham E. Ancona, Thaddeus 
 Stevens, John W. Killinger, James H. Camp- 
 bell, llendrick B. Wright, Philip Johnson, Ga- 
 lusha A Grow, James T. Hale, Joseph Daily, 
 Edward McPherson, Samuel S. Blair, John Co- 
 vode, Jesse Lizear, James K. Moorhead, Rob- 
 ert McKnight, John W. Wallace, John Patten, 
 Elijah Babbitt. 
 
 Delaware — George P. Fisher. 
 
 Maryland — John W Crisfield, Edwin H. 
 Webbter, Cornelius L. L. Leary, Henry May, 
 Fran? is Thomas, Charles B. Calvert. 
 
 Virginia— Charles H. Upton,* William G. 
 Brown, John S. Carlile,* Kellian V. Whaley, 
 Joseph Segar.* 
 
 Ohio — George H. Pendleton, John A. Gurley, 
 Clement L. Vallandigham, William Allen, Jas. 
 M. Ashley, Chilton A. White, Richard A Har- 
 rison, Samuel Shellabarger, Warren P. Noble, 
 Carey A. Trimble, Valentine B. Horfon, Samuel 
 S. Cox, Samuel T. Worcester, Harrison G. 
 Blake, Robert H. Nugen, William P. Cutler, 
 James R. Morris, Sidney Edgerton, Albert G. 
 Riddle, John Hutchins, John A. Bingham. 
 
 Kentucky — Henry C. Burnett,* James S. 
 Jackson,* Henry Grider, Aaron Harding, Chas. 
 A. Wickliffe, George W. Dunlap, Robert Mal- 
 lory, John J. Crittenden, William H. Wads- 
 worth, John W. Menzies. 
 
 Tennessee — Horace Maynard,* Andrew J. 
 Clements,* George W. Bridges.* 
 
 Indiana— John Law, James A. Cravens, W. 
 McKee Dunn, William S. Ilolman, George W. 
 Julian, Albert G. Porter, Daniel W. Voorhees, 
 Albert S. White, Schuyler Colfax, William 
 Mitchell, John P. C. Shanks. 
 
 Illinois — EUihu B. AVashburne, Isaac N. 
 Arnold, Owen Lovejoy, William Kellogg, Wil- 
 liam A. Richardson,* John A. IMcClernand,* 
 James C. Robinson, Philip B. Fouke, John A. 
 Logan.* 
 
 Missouri — Francis P. Blair, Jr., James 3. 
 Rollins, John B. Clark,* Elijah II. Norton, 
 John W. Reid * John S. Plielps,* John W. 
 Noell. 
 
 Michigan — Bradley F. Granger, Fernando C. 
 Beaman, Francis W. Kellogg, Rov/land E. Trow- 
 bridge. 
 
 Iowa — Samuel R. Curtis,* William Vandever. 
 
 Wisconsin — John F. Potter, Luther Han- 
 chett,* A. Scott Sloan, 
 
 California — Timothy G. Phelps and Aaron 
 A. Sargent, qualified Dec. 2, 18G1 ; and Fred- 
 erick F. Low, (now Governor,) June 3, 18G2. 
 
 Minnesota — Cyrus Aldrich,\Villiam Windom, 
 
 Oregon — Andrew J. Thayer.* 
 
 Kansas — Martin F. Conway. 
 
 * See memoraudum at cud of list. 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 123 
 
 MEMORANDUM OF CHANGES. 
 
 Tbe following changes took place during the 
 Congress : 
 
 Rhode Island — 1862, Dec. 1, Samuel G. 
 Arnold succeeded James F. Simmons, resigned. 
 
 New Jersey— 18G2, Dec. 1, Richard S. Field 
 succeeded, by appointment, Jobn R. Thomson, 
 deceased Sept. 12, 18G2. 1863, Jan. 21, James 
 W. Wall succeeded, by election, Richard S. 
 Field. 
 
 Maryland — 1863, Jan. 14, Thomas H. Hicks, 
 first by appointment and then by election, suc- 
 ceeded James A. Pearce, deceased Dec. 20, 18G2. 
 
 Virginia— 1861, July 13, John S. Curlile 
 and Waitman T. Willey, sworn in place of 
 Robert M. T. Hunter and James M. Mason, 
 withdrawn and abdicated. 
 
 Kentucky — 1861, Dec. 23, Garrett Davis 
 succeeded John C. Breckinridge, expelled De- 
 cember 4. 
 
 Indiana— 1862, March 3, Joseph A. Wright 
 succeeded Jesse D. Bright, expelled Feb. 5. 
 1863, Jan. 22, David Turpig superseded, by 
 election, Joseph A, Wright. 
 
 Illinois — 1863, Jan. 30, William A. Richard- 
 son superseded, by election, 0. H. Browning. 
 
 Missouri— 1862, Jan. 24, R. Wilson suc- 
 ceeded Waldo P. Johnson, expelled Jan. 10. 
 1862, Jan. 29, John B. Henderson succeeded 
 Trusten Polk, expelled Jan. 10. 
 
 Michigan — 1862, Jan. 17, Jacob M. Howard 
 succeeded K. S. Bingham, deceased Oct. 5, 1862. 
 
 Oregon— 1862, Dec. 1, Benjamin F. Hard- 
 ing succeeded Edward p. Baker, deceased Oct. 
 21, 1862. 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 Maine— 1862, December 1, Thomas A. D. 
 Fessenden succeeded Charles W. Walton, re- 
 signed May 26, 1862. 
 
 Massachusetts— 1862, December 1, Amasa 
 Walker succeeded Goldsmith F. Bailey,deceased 
 May 8, 1862 ; 1861, December 2, Samuel Hooper 
 succeeded William Appleton, resigned. 
 
 Connecticut — 1861, December 2, Alfred A. 
 Burnham qualified. 
 
 Pennsylvania — 1861, December 2, Charles J. 
 Biddle qualified ; 1862, June 3, John D. Stiles 
 succeeded T. B. Cooper, deceased April 4, 1862. 
 
 Virginia— 1861, July 13, John S. Carlile re- 
 signed to take a seat in the Senate; 1861, De- 
 cember 2, Jacob B. Blair succeeded John S. 
 Carlile, resigned; 1862, February 28, Charles 
 H. Upton unseated by a vote of the House; 
 1862, May 6, Joseph Segar qualified. 
 
 Kentucky — 1862, December 1, George H. 
 Yeaman succeeded James S. Jackson, deceased; 
 
 1862, March 10, Samuel L. Casey succeeded 
 Henry C. Burnett, expelled December 3, 1861. 
 
 Tennessee — 1861, December 2, Horace May- 
 nard qualified ; 1862, January 13, Andrew J. 
 Clements qualified ; 1863, February 25, George 
 W. Bridges qualified. 
 
 Illinois- 1861, December 12, A. L. Knapp 
 qualified, in place of J. "A. McClernand, re- 
 signed; 1862, June 2, William J. Allen quali- 
 fied, in place of John A. Logan, resigned ; 
 
 1863, January 30, William A. Richardson with- 
 drew to take a seat in the Senate. 
 
 I 
 
 MissocRi— 1862, January 21, Thomas L. 
 Price succeeded John W. Reid, expelled De- 
 cember 2, 1861 ; 1862, January 20, William A. 
 Hall succeeded John B. Clark, expelled July 
 13, 1861 ; 1862, May 9, John S. Phelps qualified. 
 
 Iowa — 1861, December 2, James F. Wilson 
 succeeded Samuel R. Curtis, resigned August 
 4, 1861. 
 
 Wisconsin— 1863, January 2G, Walter D. 
 Mclndoe succeeded Luther Hanchett, deceased 
 November 24, 1862. 
 
 Oregon— 1861, July 30, George K, Shiel 
 succeeded Andrew J. Thayer, unseated. 
 
 Louisiana— 1863, February \1, Michael 
 Hahn qualified ; 1863, February 23, Benjamin 
 F. Flanders qualified. 
 
 President Lincoln's First Message, 
 July 4, 1861. 
 
 Fellow- Citizens of the Senate and 
 
 House of Representatives : 
 
 Having been convened on an extraordinary 
 occasion, as authorized by the Constitution, 
 your attention is not called to any ordinary 
 subject of legislation. 
 
 At the beginning of the present Presidential 
 term, four months ago, the functions of the 
 Federal Government were found to be generally 
 suspended within the several States of South 
 Carolina, Georgia, Alabama, Mississippi, Lou- 
 isiana, and Florida, excepting only those of the 
 Post Office Department. 
 
 Within these States, all the forts, arsenals, 
 dock-yards, custom-houses, and the like, inclu- 
 ding the movable and stationary property in 
 and about them, had been seized, and were held 
 in open hostility to this Government, excepting 
 only Forts Pickens, Taylor, and Jefferson, on 
 and near the Florida coast, and Fort Sumter, in 
 Charleston harbor. South Carolina The forts 
 thus seized had been put in improved condition ; 
 new ones had been built, and armed forces had 
 been organized, and were organizing, all avow- 
 edly with the same hostile purpose. 
 
 The forts remaining in the possession of the 
 Federal Government in and near these States 
 were either besieged or menaced by warlike 
 preparations, and especially Fort Sumter was 
 nearly surrounded by well-protected hostile 
 batteries, with guns equal in quality to the best 
 of its own, and outnumbering the latter as per- 
 haps ten to one. A disproportionate share of 
 the Federal muskets and rifles had somehow 
 found their way into these States, and had been 
 seized to be used against the Government. Ac- 
 cumulations of the public revenue, lying within 
 them, had been seized for the same object. The 
 navy was scattered in distant seas, leaving but 
 a very small part of it within the immediate 
 reach of the Government Officers of the Fed- 
 eral army and navy had resigned in greit 
 numbers; and of those resigning a large pro- 
 portion had taken up arras against the Govern- 
 ment. Simultaneously, and in connection with 
 all this, the purpose to sever the Federal Union 
 was openly avowed. In accordance with this 
 purpose an ordinance had been adopted in each 
 of these States, declaring the States, respec- 
 tively, to be separated from the National Union. 
 
124 
 
 ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 A formula for instituting a combined govern- 
 ment of these States bad been promulgated; 
 and this illegal organization, in the character 
 of Confederate States, was already invoking 
 recognition, aid, and intervention from foreign 
 'Powers. 
 
 Finding this condition of things, and believ- 
 ing it to be an imperative duty upon the in- 
 coming Executive to prevent, if possible, the 
 consummation of such attempt to destroy the 
 Federal Union, a choice of means to that end 
 became indispensable. This choice was made, 
 and was declared in the inaugural address. The 
 policy chosen looked to the exhaustion of all 
 peaceful measures before a resort to any stronger 
 ones. It sought only to hold the public places 
 and property not already wrested from the 
 Government, and to collect the revenue ; rely- 
 ing for the rest on time, discussion, and the 
 ballot-box. It promised a continuance of the 
 mails, at Government expense, to the very 
 people who were resisting the Government ; 
 and it gave repeated pledges against any dis- 
 turbance to any of the people, or any of their 
 rights. Of all that which a President might 
 constitutionally and justifiably do in such a 
 case, everything was forborne without which 
 it was believed possible to keep the Government 
 on foot. 
 
 On the 5th of March (the present incumbent's 
 first full day in ofEce) a letter of Major Ander- 
 son, commanding at Fort Sumter, written on 
 the 28th of February, and received at the War 
 Department on the 4th of March, was, by that 
 Department, placed in his bands This letter 
 expressed the professional opinion of the writer 
 that reinforcements could not be thrown into 
 that fort within the time for his relief, rendered 
 necessary by the limited supply of provisions, 
 and with a view of holding possession of the 
 same, with a force of less than twenty thousand 
 good and well-disciplined men. This opinion 
 was concm-red in by all the ofiBcers of his com- 
 mand, and their memoranda on the subject were 
 made enclosures of Major Anderson's letter. 
 The whole was immediately laid before Lieut. 
 General Scott, who at once concurred with 
 Major Anderson in opinion. On rellection, how- 
 ever, he took full time, consulting with other 
 'icers, both of the army and the navy, and, at 
 the end of four days, came reluctantly, but 
 decidedly, to the same conclusion as before. He 
 also stated at the same time that no such suffi- 
 cient force was then at the control of the Gov- 
 ernment, or could be raised and brought to the 
 ground within the time when the provisions in 
 the fort would be exhausted. In a purely mi- 
 litary point of view this reduced the duty of 
 the Administration in the case to mere matter 
 of getting the garrison safely out of the fort. 
 
 It was believed, however, that to so abandon 
 that position, under the circumstances, would 
 be utterly ruin.ous ; that the necessity under 
 which it was to be done would not be fully un- 
 derstood ; that by many it would be construed 
 as a p''rt of a voluntary policy ; that at home 
 ic would discourage the friends of the Union, 
 embolden its adversaries, and go far to insure 
 to the latter a recognition abroad ; that in fact 
 it would be our national destruction consum- 
 
 mated. This could not he allowed. Starvation 
 was not yet upon the garrison ; and ere it would 
 be reached Fort Pickens might be re-inforced. 
 This last would be a clear indication of policy, 
 and would better enable the country to accept 
 the evacuation of Fort Sumter as a military ne- 
 cessity. An order was at once directed to be 
 sent for the landing of the troops from the 
 steamship Brooklyn into Fort Pickens. This 
 order could not go by land, but must take the 
 longer and slower route by sea. The first re- 
 turn news from the order was received just one 
 week before the fall of Fort Sumter. The news 
 itself was that the officer commanding the Sa- 
 bine, to which vessel the troops had been trans- 
 ferred from the Brooklyn, acting upon some 
 g'wasi! armistice of tJie late Administration, (and 
 of the existence of which the present Adminis- 
 tration, up to the time the order was disptitched, 
 had only too vague and uncertain rumors to fix 
 attention,) had refused to land the troops. To 
 now reinforce Fort Pickens, before a crisis 
 would be reached at Fort Sumter, was impos- 
 sible — rendered so by the near exhaustion of 
 provisions in the latter named fort. In pre- 
 caution against such a conjuncture the Govern- 
 ment had, a few days before, commenced pre- 
 paring an expedition, as well adapted as might 
 be, to relieve Fort Sumter, which expedition 
 was intended to be ultimately used, or not, ac- 
 cording to circumstances. The strongest anti- 
 cipated case for using it was now presented ; 
 and it was resolved to send it forward. As had 
 been intended in this contingencj^, it was 
 resolved to notify the Governor of South Caro- 
 lina that he might expect an attempt would be 
 made to provision the fort;* and that if the at- 
 tempt should not be resisted there would be no 
 efi'ort to throw in men, arms, or ammunit ion, with 
 out further notice, or in case of an attack upon 
 the fort. This notice was accordingly given ; 
 whereupon the fort wasattacked and bombarded 
 to its fall, without even awaiting the arrival of 
 the provisioning expedition. 
 
 It is thus seen that the assault upon and re- 
 duction of Fo^t Sumter was, in no sense a mat- 
 ter of self-defence on the part of the assailants. 
 They well knew that the garrison in the fort 
 could, by no possibility, commit aggression 
 upon them. They knew — they were expressly 
 notified — that the giving of bread to the few 
 brave and hungry men of the garrison was all 
 which would on that occasion be attempted, un- 
 less themselves, by resisting so much, should 
 provoke more. They knew that this Govern- 
 ment desired to keep the gai-rison in the fort, 
 not to assail them, but merely to maintain in 
 visible possession, and thus to preserve the 
 Union from actual and immediate dissolution — 
 trusting, as hereinbefore stated, to time, dis- 
 cussion, and the ballot-box for final adjustment; 
 and they assailed and reduced the fort for pre- 
 cisely the reverse object — to drive out the vis- 
 ible authority of the Federal Union, and thu3 
 force it to immediate dissolution. That this 
 was their object the Executive well understood ; 
 and having said to them, in the Inaugural Ad- 
 dress, "you can have no conflict without being 
 
 * See page 113. 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 125 
 
 yourselves the aggressors," he took pains not | 
 only to keep this declaration good, but al-o to 
 keep the case so free from the power of inge- 
 nious sophistry as that the world should not 
 be able to misunderstand it. By the affair at 
 Fort Sumter, w.th its surrounding circumstan- 
 ces, that point was reached. Then and thereby 
 the assailants of the Government began the 
 conflict of arms, without a gun in sight or in 
 expectancy to return their lire, save only the 
 few in the fort sent to that harbor years before 
 for their own protection, and still ready to give 
 that protection in whatever was lawful. lu this 
 act, discarding all else, they have forced upon 
 the country, the distinct issue: "Immediate 
 dissolution or blood." 
 
 And this issue embraces more than the 
 fate of these United States. It presents to the 
 whole family of man the question whether a 
 Constitutional Republic or Democracy — a gov- 
 ernment of the people by the same people — can 
 or cannot maintain its territorial integrity 
 against its own domestic foes. It presents the 
 question whether discontented individuals, too 
 few in numbers to control administration ac- 
 cording to organic law in any case, can always, 
 upon the pretences made in this case, or on any 
 other pretences, or arbitrarily without any pre- 
 tence, break up their Government, and thus 
 practically put an end to free government upon 
 the earth. It forces us to ask: "Is there, in 
 all republics, this inherent and fatal weak- 
 ness ?" " Must a Government of necessity be 
 too strong for the liberties of its own people, or 
 too weak to maintain its own existence?" 
 
 So viewing the issue, no choice was left but 
 to call out the war power of the Government ; 
 and so to resist force, employed for its destruc- 
 tion, by force, for its preservation. 
 
 The call was made, and the response of the 
 country was most gratifying, surpassing in 
 unamimity and spirit the most sanguine expec- 
 tations. Yet none of the States commonly called 
 slave States, except Delaware, gave a regiment 
 through regular State organization. A few regi- 
 ments have been organized within some others 
 of those States by individual enterprise, and re- 
 ceived into the Government service. Of course, 
 the seceded States, so called, (and to which 
 Texas had been joined about the time of the 
 inauguration,) gave no troops to the cause of 
 the Union. The border States, so called, were 
 not uniform in their action ; some of them being 
 almost for the Union, while in others — as Vir- 
 ginia, North Carolina, Tennessee, and Arkan- 
 sas — the Union sentiment was nearly repressed 
 and silenced. The course taken in Virginia was 
 the most remarkable, perhaps the most impor- 
 tant. A Convention, elected by the people of 
 that State to consider this very question of dis- 
 rupting the Federal Union, was in session at the 
 capital of Virginia when Fort Sumter fell. To 
 this body the people had chosen a large major- 
 ity oi professed'Umo-a. men. Almost immediately 
 after the fall of Sumter, many members of that 
 majority went over to the original disunion mi- 
 nority, and, with them, adopted an ordinance 
 for withdrawing the State from the Union. 
 Whether this change was wrought by their 
 great approval of the assault upon Sumter, or 
 
 their great resentment at the Government's re- 
 sistance to that assault, is not definitely known. 
 Although they submitted the ordinanc:-, for 
 ratification, to a vote of the peop'e, to be taken 
 on a day then somewhat more than a month 
 distant, the Convention, and the Legislature, 
 (which was also in session at ihesarac timeaiid 
 place,) with leading men of the State, not mem- 
 bers of either, immediately commenced acting 
 as if the State were already out of the Union. 
 They pushed military preparations vigorously 
 forward all over the State. They seized the 
 United States armory at Harper's Ferry, and 
 the navy-yard at Gosport, near Norfolk. They 
 received — perhaps invited — into their State 
 large bodies (f troops, with their warlike ap- 
 pointments, from the so-called seceded States. 
 They formally entered into a treaty oftemporary 
 alliance and co-operation with the so-called 
 "Confederate States," and sent members to 
 their Congress at Montgomery. And, finally, 
 they permitted the insurrectionary Government 
 to be transferred to their capital at Richmond 
 
 The people of Virginia have thus allowed 
 this giant insurrection to make its nest within 
 her borders ; and this Government has no choice 
 left but to deal with it where it finds it. And it 
 has the less regret, as the loynl citizens have, 
 in due form, claimed its protection. Those loyal 
 citizens this Government is bound to recognize, 
 and protect, as being Virginia. 
 
 la the Border States, so-called — in fact, the 
 Middle States — there are those who favor a poli- 
 cy which they call " armed neutrality ;" that is, 
 an arming of those States to prevent the Union 
 forces passing one way, or the disunion the 
 other, over their soil. This would be disunion 
 completed. Figuratively speiiking, it would be 
 the building of an impassable wall along the 
 line of separation ; and yet not quite an impass- 
 able one ; for, under the guise of neutrality, it 
 would tie the hands of the Union men, and 
 freely pass supplies from among them to the in- 
 surrectionists, which it could not do as an open 
 enemy. At a stroke it would take all the trou- 
 ble oif the hands of secession, except only what 
 proceeds from the external blockade. It would 
 do for the disunionists that which, of all thiag?, 
 they most desire — feed them well, and give 
 them disunion without a struggle of their own. 
 It recognizes no fidelity to the Constitution, no 
 obligation to maintain the Union ; and while 
 very many who have favored it are doubtless 
 loyal citizens, it is, nevertheless, very injurious 
 in effect. 
 
 Recurring to the action of the Government, 
 it may be stated that, at first, a call was made 
 for seventy-five thousand militia ; and rapidly 
 following this, a proclamation was issued for 
 closing the ports of the insurrectionary dis- 
 tricts by proceedings in the nature of block- 
 ade. So far all was believed to be strictly 
 legal. At this point the insurrectionists an- 
 nounced their purpose to enter upon the i3rac- 
 tice of privateering. 
 
 Other calls were made for volunteers to servo 
 three years, unless sooner dischavgcd, and also 
 for large additions to the regular army and 
 navy. These measures, whether strictly legal 
 or not, were ventured upon, under what ap- 
 
12S 
 
 ADIlINISTRATION OB- ABRAHAM LINCOLN. 
 
 peared to be a popular demand and a public 
 necessity ; trusting then, as now, that Congress 
 would readily ratify them. It is believied that 
 nulhing has been done beyond the constitu-' 
 tional competency of Congress. 
 
 Soon after the first cull for militia it was 
 considered a duty to authorizo the Command- 
 ing General, iu pro; er cases, according to his 
 discretion, to suspend the privilege of the writ 
 of habeas corpus, or, in other woi'ds, to arrest 
 and detain, without resort to the ordinary pro- 
 cesses and forms of law, such individuals as 
 he might deem dangerous to the public safety. 
 This authority has purposely been exercised 
 but very sparingly. Nevertheless the legality 
 and propriety of what has been done under it 
 are questioned, and the attention of the coun- 
 try has been called to the proposition that one 
 who is sworn to " take care that the laws be 
 faithfully executed" should not himself violate 
 them. Of course some consideration was given 
 to the questions of power and propriety before 
 this matter was acted upon. The whole of 
 the laws which were required to be faithfully 
 executed were being resisted and failing of 
 execution in nearly one third of the States. 
 Must they be allowed to finally fail of execu- 
 tion, even had it been perfectly clear that, by 
 the use of the means necessary to their execu- 
 tion, some single law, made in such extreme 
 tenderness of the citizen's liberty that practi- 
 cally it relieves more of ihe guilty than of the 
 innocent, should to a very limited extent be 
 violated ? To state the question more directly, 
 are all the laws but one to go unexecuted and 
 the Government itself go to pieces lest that one 
 be violated ? Even in such a case would not 
 the ofScial oath be broken, if the Government 
 should bo overthrown, when it was believed 
 that disregarding the single law would tend to 
 preserve it? Cut it was not believed that this 
 question was presented. It was not believed 
 that any law was violated. The provisicm of 
 the Constitution that " the privilege jf the writ 
 of habeas corpus shall not be suspended unless 
 when, in cases of rebellion or invasion, the pub- 
 lic safety may require it," is equivalent to a pro- 
 vision, is a provision, that such privilege may 
 be suspended when, in cases of rebellion or in- 
 vasion, the public-safety docs require it. It was 
 decided that we have a case of rebellion, and 
 that the public safety does require the qualified 
 suspension of the privilege of the writ which was 
 authorized to be made. Now it is insisted that 
 Congress, and not the Executive, is vested with 
 this power. But the Constitution itself is silent 
 as to which or who is to exercise the power ; 
 and as the provision was plainly made for a 
 dangerous emergency, it cannot be believed 
 the framers of the instrument intended that in 
 every case the danger should run its course un- 
 til Congress could be called together, the very 
 assembling of which might be prevented, as 
 was intended in this case, by the rebellion. 
 
 No more extended argument is now oft'cred, 
 as an opinion at some length will probably be 
 presented by the Attorney General. Whether 
 there shall be any legislation upon the subject, 
 and if any, what, is submitted entirely to the 
 better judgment of Congress. 
 
 The forbearance of this Government had 
 been so extraordinary, and so long continued 
 as to lead seme ijoreign nations to shape their 
 action as if they supposed the early destruction 
 of our National Union was probable. While 
 this, on discovery, gave the Executive some 
 concern, he is now happy to say that the sover- 
 eignty and rights of the United Spates are now 
 everywhere practically respected by foreign 
 Powers, and a general sympathy with the coun- 
 try is manifested throughout the world. 
 
 The reports of the Secretaries of the Treas- 
 ury, War, and the Navy will give the intorma- 
 tion in detail deemed necessary and convenient 
 for your deliberation and action ; while the 
 Executive, and all the departments, will stand 
 ready to supply omissions, or to communicate 
 new facts considered important for you lo 
 know. 
 
 It is now recommended that you give the legal 
 means for making this contest a short and a 
 decisive one; that you place at the control of 
 the Government, for the work, at least four 
 hundred thousand men and four hundred mil- 
 lions of dollars. That number of men is about 
 one tenth of those of proper ages within the 
 regions where, apparently, all are willing to en- 
 gage ; and the sum is less than a twenty-third 
 part of the money value owned by the men who 
 seem ready to devote the whole. A debt of six 
 hundred millions of dollars noio^ is a less sum 
 per head than was the debt of our Revolution 
 when we came out of that struggle ; and the 
 money value in the country now bears even a 
 greater proportion to what it was then than does- 
 the population. Surely, each man has as strong 
 a motive noiu to preserve our liberties as each 
 had then to establish them. 
 
 A right result, at this time, will be worth 
 more to the world than ten times the men and 
 ten times the money. The evidence reaching 
 us from the country leaves no doubt that the 
 material for the v^ork is abundant; and that it 
 needs only the hand of legislation to give it 
 legal sanction, and the baud of the Executive 
 to give it practical shape and efficiency. One 
 of the greatest perplexities of the Government 
 is to avoid, receiving troops faster than it can 
 .'^ovide for'them. In a word, the peoi)le will 
 save their Government if the Government 
 itself will do its part only indifl'ei'ently well. 
 
 It might seem, at first thought, to be of little 
 difference whether the present movement at 
 the South be called "secession" or "rebel- 
 lion." The movers, however, well tuiderstand 
 the difference. At the beginning they knew 
 they could never raise their treason to any 
 respectable magnitude by any name which im- 
 plies violation of law. They knew their people 
 possessed as much of moral sense, as much of 
 devotion to law and order, and as much pride 
 in and reverence for the history and Govern- 
 ment of their common country as any other 
 civilized and patriotic people. They knew 
 they could make no advancement directly in 
 the teeth of these strong and noble sentiments. 
 Accordingly they commenced by an insidious 
 debauching of the public mind. They invented 
 an ingenious sophism, which, if com eded, was 
 followed by perfectly logical steps, through all 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 127 
 
 the incidents, to the complete destruction of 
 the Union. The sophism itself is, that any 
 State of the Union may, coiisistently with the 
 national Constitution, and therefore laicfulh/ 
 and peacpfuHi/, withdraw from the Union with- 
 out the consent of the Union or of any other 
 State. The little disguise that the supposed 
 right is to be exercised only for just cause, 
 themselves to be the sole judge of its justice, 
 is too thin to merit any notice. 
 
 With rebellion thus sugar-coated, they have 
 been drugging the public mind of their section 
 for more than thirty years ; and until at length 
 they have brought many good men to a willing- 
 ness to take up arms against the Government 
 the day after some assemblage of men have 
 enacted the farcical pretence of taking their 
 &tate out of the Union who could have been 
 brought to no such thing the day before. 
 
 This sophism derives much, perhaps the 
 whole, of its currency from the assumption that 
 there is some omnipotent and sacred supremacy 
 pertaining to a State — to each State of our Fede- 
 ral Union. Our States have neither more nor 
 less power than that reserved to them, in the 
 Union, by the Constitution — no one of them 
 ever having been a State oict of the Union. The 
 original ones passed into the Union even before 
 they cast off their British colonial dependence; 
 and the new ones each came into the Union di- 
 rectly from a condition of dependence, except- 
 ing Texas. And even Te.xas, in its temporary 
 independence, was never designated a State 
 The new ones only took the designation of 
 States on coming into the Union, while that 
 name was first adopted for the old ones in and 
 by the Declaration of Independence. Therein 
 the "United Colonies" were declared to be 
 " free and independent States;" but, even then, 
 the object phiinly was not to declare their inde- 
 pendence of one another, or of the Union, but 
 directly the contrary, as their mutual pledge 
 and their mutual action, before, at the time, 
 and afterwards, abundantly show. The express 
 plighting of faith, by each and all of the origi- 
 nal thirteen, in the Articles of Confederation, 
 two years later, that the Union shall be per- 
 petual, is most conclusive. Having never been 
 States, either in substance or in name, outside 
 of the Union, whence this magical omuipotenee 
 of " State rights," asserting a claim of power to 
 lawfully destroy the Union itself? Much is 
 said about the "sovereignty" of the States; 
 but the word even is not in the National Con- 
 stitution ; nor, as is believed, in any of the State 
 constitutions. What is a ''sovereignty," in the 
 political sense of the term ? Would it be far 
 wrong to define it " a political community with- 
 out a political superior?" Tested by this, no 
 one of our States, except Texas, ever was a sove- 
 reignty. And even Texas gave up the charac- 
 ter on coming into the Union; by which act 
 she acknowledged the Constitution of the Uni- 
 ted States, and the laws and treaties of the 
 United States made in pursuance of the Consti- 
 tution, to be, for her, the supreme law of the 
 land. The States have their status m the Union, 
 and they have no other legal status. If they break 
 from this, they can only do so against law and 
 by revolution. The Union, and not themselves 
 
 separately, procured their independence and 
 their liberty. By conquest, or purchase, the 
 Union gave each of them whatever of independ- 
 ence and liberty it has. The Union is older 
 than any of the States, and, in fact, it created 
 them as States. Originally some dependent col- 
 onies made the Union, and, in turn, the Union 
 threw off their old dependence for them, and 
 made them States, such as they are. Not one 
 of them ever had a State constitution independ- 
 ent of the Union. Of course it is not forgotten 
 that all the new States framed their constitu- 
 tions before they entered the Union ; neverthe- 
 less, dependent upon and preparatory to coming 
 into the Union. 
 
 Unquestionably the States have the powers 
 and rights reserved to them in and by the Na- 
 tional Constitution ; but among them surely 
 are not included all conceivable powers, hoiv- 
 ever mischievous or destructive, but, at most, 
 such only as were known in the world at the 
 time as governmental powers ; and certainly a 
 power to destroy the Government itself had 
 never been known as a governmental, as a 
 merely administrative power. This relative 
 matter of national power and State rights, as a 
 principle, is no other than the principle of gen- 
 erality and locality. Whatever concerns the 
 whole should be confided to the whole — to the 
 General Government ; while whatever concerns 
 only the State should be left exclusively to the 
 State. This is all there is of original ji^inciple 
 about it. Whether the National Constitution, 
 in defining boundaries between the two, has 
 applied the principle with exact accuracy, is 
 not to be questioned. We are all bound by 
 that defining, without question. 
 
 What is now combatted is the position that 
 secession is consistent with the Constitution — is 
 lawful and peaceful. It is not contend'^d that 
 there is any express law for it; and nothing 
 should ever be implied as law which leads, to 
 unjust or absurd consequences. The nation 
 purchased with money the countries out of 
 which several of these States were formed. Is 
 it just that they shall go off without leave, and 
 without refunding ? The ration paid very large 
 sums (in the aggregate, I believe, nearly a hun- 
 dred millions) to relieve Florida of the aborigi- 
 nal tribes. Is it just that they shall now be off 
 without consent, or without making any re- 
 turn? The nation is now in debt for money 
 applied to the benefit of, these so-called sece- 
 ding States, in common with the rest. Is it 
 just either that creditors shall go unpaid or the 
 remaining States pay the whole? A part of 
 the present national debt was contracted to pay 
 the old debts of Texas. Is it just that she shail 
 leave and pay no part of this herself? 
 
 Again, if one State may secede, so may an- 
 other ; and when all shall have seceded, none is 
 left to pay the debts. Is this quite just to credi- 
 tors ? Did we notify them of this sage view of 
 ours when we borrowed their money? If we now 
 recognize this doctrine by allowing the seceders 
 to, go in peace, it is difficult to see what we can 
 do if others choose to go, or to extort terms 
 upon which they will promise to remain. 
 
 The seceders insist that our Constitution 
 admits of secession. They have assumed to 
 
128 
 
 ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 make a national constitution of their own, in 
 wliich, of necessity, they have either discarded 
 or retained the right of secession as, they insist, 
 it exists in ours. If they have discarded it 
 they thereby admit that, on principle, it ought 
 not to be in ours. If they have retained it by 
 their own construction of ours, they show that 
 to be consistent they must secede from one 
 another whenever they shall find it the easiest 
 way of settling their debts, or effecting any 
 other selfish or unjust object. The principle 
 itself is one of disintegration, and upon which 
 no Government can possibly endure. 
 
 If all the States save one should assert the 
 power to drive that one out of the Union, it is 
 presumed the whole class of seceder politicians 
 would at once deny the power and denounce 
 the act as the greatest outrage upon State rights. 
 But suppose that precisely the same act, in- 
 stead of being called "driving the one out," 
 should be called " the seceding of all the others 
 from that one," it would be exactly what the 
 seceders claim to do ; unless, indeed, they make 
 the point that the one, because it is a minority, 
 may rightfully do what the others, because 
 they are a majority, may not rightfully do. 
 These politicians are subtle and profound on 
 the rights of minorities. They are not partial 
 10 that power which made the Constitution, and 
 speaks from the preamble, calling itself "We, 
 the People." 
 
 It may well be questioned whether there is 
 to-day a majority of the legally qualified voters 
 of any State, except perhaps South Carolina, 
 in favor of disunion. There is much reason 
 to believe that the Union men are the majority 
 in many, if not in every other one, of the so- 
 called Seceded States. The contrary has not 
 been demonstrated in any one of them. It is 
 ventured to affirm this, even of Virginia and 
 Tennessee ; for the results of an election, held 
 in military camps, where the bayonets are all 
 on one side of the question voted upon, can 
 scarcely be considered as demonstrating popular 
 sentiment. At such an election all thelarge class 
 whoare, at once,/or*the Union, and against coer- 
 cion, would be coerced to voteagainstthe Union. 
 
 It may be afhrmed, without extravagance, 
 that the free institutions we enjoy have devtl- 
 oped the powers and improved the condition of 
 our whole people beyond any example in the 
 world. Of this we now have a striking and an 
 impressive illustration. So large an army as 
 the Government Las now on foot was never be- 
 fore known, without a soldier in it but whohad 
 taken his place there of his own free choice. 
 But more than this : there are many single regi- 
 ments whose members, one and another, pos- 
 sess full practical knowledge of all the arts, 
 sciences, professions, and whatever else, whether 
 useful or elegant, is known in the world ; and 
 there is scarcely one from which there could 
 not be selected a President, a Cabinet, a Con- 
 gress, and perhaps a Court, abundantly compe- 
 tent to administer the Government itself. Nor 
 do I say this is not true also in the army of our 
 late friends, now adversaries, in this contest; 
 but if it is, so much better the reason why the 
 Government, which has conferred such benefits 
 on both them and us, should not be broken up. 
 
 Whoever, in any section, proposes to abandon 
 such a Government would do well to consider in 
 deference to what principle it is that he does it, 
 what better he is likely to get in its stead, 
 whether the substitute will give or be intended 
 to give so much of good to the people. There 
 are some foreshadowings onthij subject. Our 
 adversaries have adopted some deciaation of 
 independence, in which, unlike the good old 
 one penned by Jefferson, they omit the words 
 "all men are created equal." Why? They 
 have adopted a temporary National Constitu- 
 tion, in the preamble of which, unlike our good 
 old one signed by Washington, they omit" We. 
 tue people," and substitute, "We, the deputies of 
 the sovereign and independent States." Why ? 
 Why this dtliberate pressing out of view the 
 rights of men and the authority of the people ? 
 
 This is essentially a People's contest. On 
 the side of the Unijn it is a struggle for main- 
 tai ing in the world that form and substance of 
 government whose leading object is to elevate 
 the condition of men, to lift artificial weights 
 from all shoulders, to clear the paths of laud- 
 able pursuit for all, to afford all an unfettered 
 start and a fair chance in the race of life. 
 Yielding to partial and t^mporary departures 
 from necessity, this is the leading object of the 
 Government for whose existence we cont nd. 
 
 I am most happy to believe that the plain 
 people understand and appreciate this. It is 
 worthy of note that, while in this the Govern- 
 ment's hour of trial, large numbers of those in 
 the Army and Navy who have been favored 
 with the offices have resigned, and proved false 
 to the hand which had pampered them, not one 
 common soldier or common sailor is known to 
 have deserted his flag. 
 
 Great honor is due to those officers who re- 
 mained true, despite the example of their treach- 
 erous associates; but the greatest honor and 
 most important fact of all is the unanimous 
 firmness of the common soldiers and common 
 sailors. To the last mnn, so far as known, they 
 have successfully resisted the traitorous efforts 
 of tho?* whose commands but an hour before 
 they obeyed as absolute law. This is the patri- 
 otic instinct of plain people. They understand, 
 without an argument, that the destroying the 
 Government which was made by Washington 
 means no good to them. 
 
 Our popular Government has often been 
 called an experiment. Two points in it our 
 people have already settled — the successful es- 
 tablishing and the successful administering of it. 
 One still remains — its successful maintenance 
 against a formidable internal attempt to over- 
 throw it. It is now for them to demonstrate to 
 the world that those w^ho can fairly carry an 
 election can also suppress a rebellion; that bal- 
 lots are the rightful and peaceful successors of 
 bullets ; and that when ballots have fairly and 
 constitutionally decided, there can be no suc- 
 cessful appeal back to bullets ; that the^e can 
 be no successful appeal except to ballots them- 
 selves at succeeding elections. Such will be a 
 great lesson of peace, teaching men that what 
 they cannot take by an election, neither can 
 they take it by a war; teaching all the folly of 
 being the beginners of a war. 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 129 
 
 Lest there be some uneasiness in the minds 
 01 ciindid men as to what is to be the course of 
 the Government towards the Southern States 
 iiftt *he rebellion shall have been suppressed, 
 the Executive deems it proper to say, it will be 
 his purpose then, as ever, to be guided by the 
 Constitution and the laws; and that he prob- 
 ably will have no difFtrent uiiierstanding of the 
 powers and duties of the Federal Government 
 relatively to the rights of the States and the 
 people, under the Constitution, than that ex- 
 pressed in the inaugural address. 
 
 He desires to preserve the Government, that 
 it may be administered for all, as it was admin- 
 istered hy the men who made it. Loyal citizens 
 everywhere have the right to claim this of their 
 Government, and the Government has no right 
 to withhold or neglect it. It is not perceived 
 that, in giving it, there is any coercion, any 
 conquest, or any subjugation, in any just sense 
 of those terms. 
 
 The Constitution provides, and all the States 
 have accepted the provision, that '* the United 
 States shall guaranty to every State in this 
 Union a republican form of government." But, 
 if a State may lawfully go out of the Union, 
 having done so, it may also discard the repub- 
 lican form of government; so that to prevent 
 its going out is an indispensable mcaiis to the 
 end of maintaining the guarantee mentioned ; 
 and when an end is lawful and obligatorj-, the 
 indispensable means to it are also lawful and 
 obligatory. 
 
 It was with the deepest regret that the Execu- 
 tive found the duty of employing the war 
 power, in defence of the Government, forced 
 upon him. He could but perform this duty or 
 surrender the existence of the Government. 
 No compromise by public servants could in this 
 case be a cure; not that compromises are not 
 often proper, but that no popular government 
 can long survive a marked precedent, that those 
 \"vho carry an election can only save the Gov- 
 ernment Irom immediate destruction by giving 
 up the main point upon which the people gave 
 the election. The people themselves, and not 
 their servants, can safely reverse their own 
 deliberate decisions. 
 
 As a private citizen the Executive could not 
 have consented that these institutions shall 
 perish ; much less could he in betrayal of so 
 vast and so sacred a trust as these free people 
 had confided to him. He felt that he had no 
 moral right to shrink, nor even to count the 
 chances of his own life, in what might follow. 
 In full view of his great responsibility he has, 
 so fai-, done what he has deemed his duty. 
 You will now, according to your own judgment, 
 perform yours. lie sincerely hopes that your 
 views and your action may so accord with his 
 as to assure all faithful citizens, who have 
 been disturbed in their rights, of a certain and 
 speedy restoration to them under the Constitu- 
 tion and the laws. 
 
 And having thus chosen our course, without 
 guile and with pure purpose, let us renew our 
 trust in God, and go forward without fear and 
 with manly hearts. 
 
 ABRAHAM LINCOLN. 
 
 July 4, 1861. 
 
 9 
 
 President Lincoln's First Annual 
 Message, Dee. 3, 1861. 
 
 Fellow- Citizens of the Senate 
 
 and house of Representatives : 
 
 In the midst of unprecedented political 
 troubh s, we have cause of great gratitude to 
 G^d for unusual good health, and most abund- 
 ant harvests. 
 
 You will not be surprised 1o learn that in 
 the peculiar exigencies of the times, our inter- 
 course with foreign nations has been attended 
 with profound solicitude, chiefly turning upou 
 our own domestic affairs. 
 
 A disloyal portion of the American people 
 have, during the whole year, been engaged in 
 an attempt to divide and destroy the Union. A 
 nation which endures factious domestic divis- 
 ion, is exposed to disrespect abroad ; and one 
 party, if not both, is sure, sooner or later, to 
 invoke foreign intervention. 
 
 Nations thus tempted to interfere, are not al- 
 ways able to resist the counsels of seeming 
 expediency and ungenerous ambition, although 
 measures adopted under such influences sel- 
 dom fail to be unfortunate and injurious to 
 those adopting them. 
 
 The disloyal citizens of the United Stales 
 who have offered the ruin of our country, in 
 return for the aid and comfort which they have 
 invoked abroad, have received less patronage 
 and encouragement than they probably ex- 
 pected. If it were just to suppose, as the 
 insurgents have seemed to assume, that foreign 
 nations, in this case, discarding all moral, 
 social, and treaty obligations, would act solely, 
 and selfishly, for the speedy restoration of 
 commerce, including, especially, the acquisi- 
 tion of cotton, those nations appear, as yet, not 
 to have seen their way to their object more di- 
 rectly or clearly through the destruction, than 
 through the preservation, of the Union. If we 
 could dare to believe that foreign nations are 
 actuated by no higher principle than this, I am 
 quite sure a sound argument could be made lo 
 show them that they can reach their aim more 
 readily and easily by aiding to crush this re- 
 bellion than by giving encouragement to it. 
 
 The principal lever relied on by these insur- 
 gents for exciting foreign nations to hostility 
 against us, as already intimated, is the embar- 
 rassment of commerce. Those nations, how- 
 ever, not improbably, .saw from the first that it 
 was the Union which made as well our foreign 
 as our domestic commerce. They can scarcely 
 have failed to perceive that the effort for dis- 
 union produces the existing difiBculty; and that 
 one strong nation promises more durable peace, 
 and a more extensive, valuable, and reliable 
 commerce, than can the same nation broken 
 into hostile fragments. 
 
 It is not my purpose to review our discussions 
 with foreign States ; because whatever might 
 be their wishes or dispositions, the integrity of 
 our country, and the st.ability of our Govern- 
 ment, mainly depend, not upon them, but on 
 the loyalty, virtue, patrioti.sm, and intelligence 
 of the American people. The corresjjondence 
 itself, with the usual reservations, is herewith 
 submitted. 
 
130 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 I venture to hope it will appear that we have 
 practiced prudence and liberality towird for- 
 eign Powers, averting causes of irritation, and, 
 with tirmness, maintaining our own rights and 
 honor. 
 
 Since, however, it is apparent that here, as in 
 every other State, foreign dangers necessarily 
 attend domestic difficulties, I recommend that 
 adequate and ample measures be adopted for 
 maintaining the ])ublic defenses on every side. 
 While, under this general recommendation, pro- 
 vision for defending our sea-coast line readily 
 occurs to the mind, I also, in the same connec- 
 tion, ask the attention of Congress to our great 
 lakes and rivers. It is believed that some forti- 
 fications and depots of arras and munitions, 
 with harbor and navigation improvements, all 
 at well selected points upon these, would be of 
 great importance to the national defense and 
 preservation. I ask attention to the views of 
 the Secretary of War, expressed in his report, 
 upon the same general subject. 
 
 I deem it of importance that the loyal regions 
 of East Tennessee and Western North Carolina 
 should be connected with Kentucky, and other 
 faithful parts of the Union, by railroad. I there- 
 f re recommend, as a military measure, that 
 Congress provide for the construction of such 
 road, as speedily as possible. Kentucky, no 
 doubt, will co-operate, and, through her Legis- 
 lature, make the most judicious selection of a 
 line. The northern terminus must connect with 
 some existing railroad ; and whether the route 
 shall be from Lexington, or Nicholasville, to the 
 Cumberland Gap; or from Lebanon to the Ten- 
 nessee line, in the direction of Kuoxville ; or on 
 some stiil different line, can easily be determ- 
 ined. Kentucky and the General Government 
 co-operating, the work can be completed in a 
 very shore time; and when done, it will be not 
 only of vast present usefulness, but also a valu- 
 able permanent improvement, worth its cost in 
 all the future. 
 
 Some treaties, designed chiefly for the inter- 
 ests of commerce, and having no grave political 
 importance, have been negotiated, and will be 
 submitted to the Senate for their consideration. 
 
 Although we have failed to induce some of 
 the commercial Powers to adopt a desirable 
 melioration of the rigor of maritime war, we 
 have removed all obstructions from the way of 
 this humane reform, except such as are merely 
 of temporary and accidental occurrence. 
 
 I invite your attention to the correspondence 
 between her Britannic Majesty's minister ac- 
 credited to this Government and the Secretary 
 of State, relative to the detention of the British 
 ship Perthshire, in June last, by the United 
 States steamer Massachusetts, for a supposed 
 breach cf the blockade. As this detention was 
 occasioned by an obvious misapprehension of 
 the facts, and as justice requires that we should 
 commit no belligerent act not founded in strict 
 right, as sanctioned by public law, I recommend 
 that an appropriation be made to satisfy the 
 reasonable demand of the owners of the vessel 
 for her detention. 
 
 I repeat the recommendation of my predeces- 
 sor, in his annual message to Congress in De- 
 cember last, in regard to the disposition of the 
 
 surplus which will probably remain after satin- 
 fying the claims of American citizens against 
 China, pursuant to the awards of the commis- 
 sioners under the act of the 3d of March, 1859 
 If, however, it should not be deemed advisable 
 to carry that recommend.ttion into effect, I 
 would suggest that authority be given for in- 
 vesting the principal, over the proceeds of the 
 surplus referred to, in good securities, with a 
 viewto the satisfaction of such olher just claims 
 of our citizens against China as are not un- 
 likely to arise hereafter in the course of our 
 extensive trade with that emjjire. 
 
 By the act of the 5th of August last, Congress 
 authorized the President to instruct the com- 
 manders of suitable vessels to defend them- 
 selves against, and to capture pirates. Thia 
 authority has been exercised in single instances 
 only. For the more effectual protection of our 
 extensive and valuable commerce, in the east- 
 ern seas especially, it seems to me that it would 
 also be advisable to authorize the commanders 
 of sailing vessels to recapture any prizes which 
 pirates may make of United States vessels and 
 their cargoes, and the consular courts, now es- 
 tablished by law in eastern countries, to adju- 
 dicate the case, in the event that this should 
 not be objected to by the local authorities. 
 
 If any good reason exists why we should per- 
 severe longer in withholding our recognition of 
 the independence and sovereignty of llayti and 
 Liberia, I am unable to discern it. Unwilling, 
 however, to inaugurate a novel policy in regard 
 to them without the approbation of Congress, I 
 submit for your consideration the cxpediencj' 
 of an appropriation for maintaining a charg6 
 d'affaires near each of those new States. It 
 does not admit of doubt that important com- 
 mercial advantages might be secured by favor- 
 able.treaties with them. 
 
 The operations of the Treasury during the 
 period which has elapsed since your adjourn- 
 ment have been conducted with signal success.' 
 The patriotism of the people has placed at the 
 disposal of the Government the large means 
 demanded by the public exigencies. Much of 
 the national loan has been taken by citizens of 
 the industrial classes, whose confidence in their 
 country's faith, and zeal for their country's 
 deliverance from present peril, have induced 
 them to contribute to the support of the Gov- 
 ernment the whole of their limited acquisitions. 
 This fact imposes peculiar obligations to econ- 
 omy in disbursement and energy in action. 
 
 The revenue from all sources, including loans, 
 for the financial ye .r ending on the 30th June, 
 18G1, was $80,835,900 27, and the expenditures 
 for the same period, including payments on ac- 
 count of the public debt, were ^^84,578,834 47 ; 
 leaving a balance in the Treasury, on the 1st 
 July, of $2,257, 0G5 80. For the first quarter of 
 the financial year, ending on the 30lh Septem- 
 ber, 1861, the receipts from all sources, inclu- 
 ding the balance of 1st of July, were $102,532,- 
 509 27, and the expenses $98,239,733 09 ; leav- 
 ing a balance on the 1st of October, 1861, of 
 $4,292,776 18. 
 
 Estimates for the remaining three quarters 
 of the year, and for the financial year 1863, 
 together with his views of ways and means for 
 
ADMINISTRATION OF ABKAHAM LINCOLN. 
 
 131 
 
 meeting the demands contemplated by them, 
 will be subaiittc'd t(? Congress by tlic Socretai-y 
 of the Ti-easin-y. It is gratifying to know that 
 the expenditures made necessary by the rebil- 
 lion arc not beyond the resources of the loyal 
 people, and to believe that the same patriotism 
 which has thus f^r sustained the Government 
 will continue to susta n it till peace and union 
 shall again bless the land. ' 
 
 I respectfully refer to the report of the Secre- 
 tary of War for information respecting the nu- 
 merical strength of the Army, and for recom- 
 mendations having in view an increase of its 
 effic'ency and the well-being of the various 
 branches of the service intrusted to his care. 
 It is gratifying to know tliat the patriotism of 
 the people has proved equal to the occasion, 
 and that the number of troops tendered greatly 
 exceeds the force which Congress authorized 
 me to call into the field. 
 
 I refer with pleasure to those portions of his 
 report which make allusion to the creditable 
 degree of discipline already attained by our 
 troops, and to the excellent sanitary condition 
 of the entire army. 
 
 The recommendation of the Secretary for an 
 organization of the militia upon a uniform 
 basis, is a subject of vital importance to the 
 future safety of the country, and is commended 
 to the serious attention of Congress. 
 
 The large addition to the regular army, in 
 connection with the defection that has so con- 
 siderably diminished the number of its officers, 
 gives peculiar importance to his recommenda- 
 tion for increasing the corps of cadets to the 
 greatest capacity of the Military Academy. 
 
 By mere omission, I presume. Congress has 
 failed to provide chaplains for hospitals occu- 
 pied by volunteers. This subject was brought 
 to my notice, and I was induced to draw up 
 the form of a letter, one copy of which, 
 properly addressed, has been delivered to each 
 of the persons, and at the dates respectively 
 named and stated, in a schedule, containing 
 also the form of the letter, marked A, and 
 herewith transmitted. 
 
 These gentlemen, I understand, entered upon 
 the duties designated, at the times respectively 
 stated in the schedule, and have labored faith- 
 fully therein ever since. I therefore recom- 
 mend that they be compensated at the same 
 rate as chaplains in the army. I further sug- 
 gest that general provision be made for chap- 
 lains to serve in hospitals, as well as with 
 regiments. 
 
 The report of the Secretary of the Navy pre- 
 sents in detail the operations of that branch of 
 the service, the activity and energy which have 
 characterized its administration, and the re- 
 sults of measures to increase its efficiency and 
 power. Such have been the additions, by con- 
 struction and purchase, that it may almost be 
 said a navy has been created and brought into 
 service since our difficulties commenced. 
 
 Besides blockading our extensive coast, 
 squadrons larger than ever before assembled 
 under our flag have been put afloat and per- 
 formed deeds which have increased our naval 
 renown. 
 
 I would invite special attention to the recom- 
 
 mendation of the Secretary for a more perfect 
 or,,auization of the navy by introducing ad- 
 ditional grades in the service. 
 
 The present organization is defective and un- 
 satisfactory, and the suggestions submitted by 
 the Department will, it is believed, if adopted, 
 obviate the difficulties alluded to, promote 
 harmony, and increase the efficiency of the 
 Navy. 
 
 There are three vacancies on the bench of 
 the Supreme Court — two by the decease of Jus- 
 tices Daniel and McLean, and one by the resig- 
 nation of Just ce Campbell. I have so far for- 
 borne makingnominations to fill these vaca; cies 
 for reasons which I will now state. Two of the 
 outgoing judges resided within ihe State now 
 overrun by I'cvolt; so that if successors were 
 appointed in the same localities, they could not 
 now serve upon their circuits; and many of the 
 most competent men there probably would not 
 take the personal hazard of accepting to serve, 
 even here, upon the supreme bench. I have 
 been unwilling to throw all the appointments 
 northward, thus disabling myself from doing 
 justice to the South on the return of peace ; al- 
 though I may rem irk that to transfer to the 
 North one which has heretofore been in the 
 South, would not, with reference to territory 
 and population, be unjust. 
 
 During the long and brilliant judicial career 
 of Judge McLean his circuit grew into an em- 
 pire — altogether too large for any one judge to 
 give the courts therein more than a nominal 
 attendance — rising in population from one mil- 
 lion four hundred and seventy thousand and 
 eighteen, in 1830, to six million one hundred 
 and fifiy-one thousand four hundred and five in 
 18G0. 
 
 Besides this, the country generally has out- 
 grown our present judicial system. If uniform- 
 ity was at all intended, the system requires 
 that all the States shall be accommodated with 
 circuit courts attended by supreme judges, 
 while, in fact, Wisconsin, llinnesota, Iowa, Kan- 
 sas, Florida, Texas, California, and Oregon, 
 ha\e never had any such courts. Nor can this 
 well be remedied without a change of the sys- 
 tem ; because the adding of judges to the Su- 
 preme Court, enough for the accommodation of 
 all parts of the country, with circuit courts, 
 would create a court altogether too numerous 
 for a judicial body of any sort. And the ev 1, 
 if it be one, will increase as new States come 
 into the Union. Circuit courts arc useful, or 
 they are not useful. If useful, no State should 
 be denied them ; if not useful, no State should 
 have them. Let them be jirovided for all, or 
 abolished as to all. 
 
 Three modifications occur fo me, either of 
 which, I think, would bo an improvement upon 
 our present system. Let the Supreme Court 
 be of convenient number in everj' event. Then, 
 first, let the whole country be divided into cir- 
 cuits of convenient size, the supreme judges to 
 serve in a number of them corresponding to 
 their own number, and independent circuit 
 judges be provided for all the rest. Or, sec- 
 ondly, let the supreme judges be relieved from 
 circuit duties, and circuit judges be provided 
 for all the circuits. Or, thirdly, dispense with 
 
132 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 circuit jndg s altogetlier, leaving tbe judicial 
 I'unctious wholly to tbe district courts and aa 
 independent Snijreme Court. 
 
 I respectfully recommend to the considera- 
 tion of Congress the present condition of the 
 statute laws, with the hope that Congress will 
 be able to find an easy remedy for many of the 
 inconveniences and evils which constantly em- 
 barrass those engaged in the practical admin- 
 istration of them. Since the organization of 
 the Government, Congress has enacted some 
 five thousand acts and joint resolutions, which 
 fill more than six thousand closely printed 
 pages, and are scattered through many volumes. 
 Many of these acts have been drawn in haste, 
 and without sufficient caution, so that their 
 provisions are often obscure in themselves, or 
 in conflict with each other, or at least so doubt 
 ful as to render it very difticult for even the 
 best informed persons to ascertain precisely 
 what the statute law really is. 
 
 It seems to me very important that the statute 
 laws should be made as plain and intelligible 
 as possible, and be reduced to as small a com- 
 pass as may consist with the fullness and pre- 
 cision of the will of the legislature, and the 
 perspicuity of its language. This, well done, 
 would, I think, greatly facilitate the labors of 
 those whose duty it is to assist in the adminis- 
 tration of the laws, and would be a lasting 
 benefit to the people, by placing before them, 
 in a more accessible and intelligible form the 
 laws which so deeply concern their interest and 
 their duties. 
 
 I am informed by some whose opinion^ I re- 
 spect that all the acts of Congress now in force, 
 and of a permanent and general nature, might 
 be revi ed and rewritten, so as to bo embraced 
 in one volume (or at most two volumes) of or- 
 dinary and convenient size. And 1 respectfully 
 recommend to Congress to consid r of the sub- 
 ject, and, if my suggestion be approved, to de- 
 vise such plan as to their wisdom shall seem 
 most proper for the attainment of the end pro- 
 posed. 
 
 One of the unavoidable consequences of the 
 present insurrection is the enti e suppression, 
 in many places, of all the ordinary means of 
 administering civil justice by the officers, and 
 in the forms of existing law. This is the case, 
 in whole or in part, in all the insurgent t^tates; 
 and as our armies advance upon and take pos- 
 session of parts of. those States, the practical 
 evil becomes more apparent. There are no 
 courts nor officers to whom the citizens of other 
 States may apply for the enforcement of their 
 lawful claims against citizens of the insurgent 
 States ; and there is a vast amount of debt con- 
 stituting such claims. Some have estimated it 
 as high as §200,000,000, due, in large part, 
 from insurgents, in open rebellion, to loyal cit- 
 izens, who are, even now, making great sacri- 
 fices in the discharge of their patriotic duty to 
 support the Government. 
 
 Under these circumstances, I have been ur- 
 gently s dicited to establish, by military power, 
 courts to administer summary justice in such 
 cases. I have thus far declined to do it, not 
 because I had any doubt that the end proposed 
 — the collection of the debts— was just and 
 
 right in itself, but because I have been unwill- 
 ing to go beyond the pressure of necessity in 
 the unusual exercise of power. But the pow- 
 ers of Congress I suppose are equal to the anom- 
 alous occasion, and therefore I refer the whole 
 matter to Congress, with the hope that a plan 
 may be devised for the administration of jus- 
 tice in all such parts of the insurgent States 
 and Territories as may be under the control of 
 this Government, whether by a voluntary re- 
 turn to allegiance and order, or by the power 
 of our arms. This, however, not to be a per- 
 manent institution, but a temporary substitute, 
 and to cease as soon as the ordinary courts tan 
 be re-established in peace. 
 
 It is important that some more convenient 
 means should be provided, if possible, for the 
 adjustment of claims against the Government, 
 especially in view of their increased number by 
 reason of the war. It is as much the duty of 
 Government to render prompt justice against it- 
 self, in favor of citizens, as it is to administer 
 the same between private individuals. The in- 
 vestigation and adjudication of claims, in their 
 nature belong to the judicial department ; be- 
 sides, it is apparent that the attention of Con- 
 gress will be more than usually engaged, for some 
 time to come, with great national questions. It 
 was intended by the organization of the Court 
 of Claims mainly to remove this branch of busi • 
 ness from the Halls of Congress ; but while the 
 court has proved to bean effective and valuable 
 means of investigation, it in a great degree fails 
 to effect the object of its creation, for want of 
 power to make its judgments final. 
 
 Fully aware of the delicacy, not to say the 
 danger, of the subject, I commend to your care- 
 ful consideration v/hether this power of making 
 judgments final may not properly be given to 
 the court, reserving the right of -appeal on 
 questions of law to the Supreme Court, with 
 such other provisions as experience may have 
 shown to be necessary. 
 
 I ask attention to the report of the Postmas- 
 ter General, the following being a summary 
 statement of the condition of the Depirtmeut : 
 
 The revenue from all sources during the fiscal 
 year ending June 30, 18G1, including the annual 
 permanent appropriation of $'700,000 for the 
 transportation of free mail matter, was §9,040,- 
 29G 40, being about two per cent, less than the 
 revenue for 1800. 
 
 The expenditures were $13,600,750 11, show- 
 ing a decrease of more than eight per cent, as 
 compared with those of the previous year, and 
 leaving an excess of expenditure over the reve- 
 nue for the last fiscal year of $4,G5T,4G2 1l. 
 
 The gross revenue for the year ending June 
 30, 18G3, is estimated at an increase of four per 
 cent on that of 18G1, making §8,083,000, to 
 which should be added the earnings of the De- 
 partment in carrying free matter, viz : $700,000, 
 making §9,383,000, 
 
 The total expenditures for 1863 are estimated 
 at $12,528,000, leaving an estimated deficiency 
 of §3,145,000, to be supplied from the Treas- 
 ury, in addition to the permanent appropriation. 
 
 The present insurrection shows, J think, that 
 the extension of this District across the Poto- 
 mac river, at the time of establishing the capi' 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 183 
 
 tal here, was eminently wise, and consequently 
 that the relinquishment of that portion "of it 
 which lies within the fetate of Virginia was un- 
 wise and dangerous. I submit for j^our consid- 
 eration the expediency of regaining that part 
 of the District, and the restoration of the origi- 
 nal boundaries thereof, through negotiations 
 with the State of Virginia. 
 
 The report of the Secretary of the Interior, 
 with the accompanying documents, exhibits the 
 condition of the several branches of the public 
 business pertaining to that Department. The 
 depressing influences of the insurrection have 
 been especially felt in the opei-'ations of the 
 Patent and General Land Offices. The cash 
 receipts from the sales of public lands during 
 the past year have exceeded the expenses of 
 our land system only about two hundred thou- 
 sand dollars. The sales have been entirely 
 suspended in the southern States, while the in- 
 terruptions to the business of the country, and 
 the diversion of large numbers of men from la- 
 bor to military service, have obstructed settle- 
 ments in the new States and Territories of the 
 Northwest. 
 
 The receipts of the Patent Office have declined 
 in nine months about one hundred thousand 
 dollars, rendering a large reduction of the force 
 employed necessary to make it self-sustaining. 
 
 The demands upon the Pension Office will be 
 largely increased by the insurrection. Numer- 
 ous applications for psnsions, based upon the 
 casualties of the existing war, have already 
 been made. There is reason to believe that 
 many who are now upon the pension rolls, and 
 in receipt of the bounty of the Government, are 
 in the ranks of the insurgent army, or giving 
 them aid and comfort. The Secretary of the 
 Interior has directed a suspension of the pay- 
 ment of the pensions of such persons upon 
 proof of their disloyalty. I recommend that 
 Congress authorize that officer to cause the 
 names of such persons to be stricken from the 
 pension rolls. 
 
 The relations of the Government with the 
 Indian tribes have been greatly disturbed by 
 the insurrection, especially in the southern 
 supcrintendency and in that of New Mexico. 
 The Indian country south of Kansas is in the 
 possession of insurgents from Texas and Ar- 
 kansas. The agents of the United States, ap- 
 pointed since the 4th of March, for this supcr- 
 intendency have been unable to reach their 
 posts, while the most of those who were in 
 office before that time have espoused the insur- 
 rectionary cause, and assume to exercise the 
 powers of agents by virtue of commissions 
 Irom the insurrectionists. It has been stated 
 in the public press that ^ portion of those In- 
 dians have been organized as a military force, 
 and are attached to the army of the insurgents. 
 Although the Government has no official infor- 
 mation upon this subject, letters have been 
 written to the Commissioner of Indian Affairs 
 by several prominent chiefs, giving assurance 
 I of their loyalty to the United States, i^nd ex- 
 
 pressing a wish for the presence of Federal 
 troops to protect them. It is believed that 
 upon the repossession of the country by the 
 Federal forces the Indians will readily cease 
 
 all hostile demonstrations, and resume their 
 former relations to the Government. 
 
 Agriculture, confessedly the largest interest 
 of the nation, has, not a- department, nor a 
 bureau, but a clerkship only, assigned to it in 
 the Government. While it is fortunate that 
 this great interest is so independent in its na- 
 ture as to not have demanded or extorted more 
 from the Government, I respectfully ask Con- 
 gress to consider whether something more can- 
 not be given voluntarily, with general ad- 
 vantage. 
 
 Annual reports, exhibiting the condition of 
 our agriculture, commerce, and mfnufactures 
 would present a fund of information of grea'^ 
 practical value to the country. While I make 
 no suggestions as to (Jetails, T venture the 
 opinion that an ogricultural and statistical 
 bureau might profitably be organized. 
 
 The execution of the laws for the suppression 
 of the African slave trade has been confided to 
 the Department of the Interior. It is a subject 
 of gratulation that the efforts which have been 
 made for the suppres-sion of this inhuman traf- 
 fic have been recently attended with unusual 
 success. Five vessels being fitted out for the 
 slave trade have beeu seized and condemned. 
 Two mutes of vessels engaged in the trade, and 
 one pe son in equipping a vessel as a sla\er, 
 have been convicted and subjected to the pen- 
 alty of fine and imprisonment, and one captain, 
 taken with a cargo of Africans on board his 
 vessel, has been convicted of the highest grade 
 of offence under our laws, the punishment of 
 which is death. 
 
 The Territories of Colorado, Dakotah, and 
 Nevada, created by the last Congress, have been 
 organized, and civil administration has been 
 inaugurated therein under auspices especially 
 gratifying, when it is considered that the leaven 
 of treason was found existing in some of these 
 new countries when the Federal officers arrived 
 there. 
 
 The abundant natural resources of these 
 Territories, with the security and protection 
 afforded by organized government, will doubt- 
 less invite to them a large immigration when 
 peace shall restore the business of the country 
 to its accustomed channels. I submit the res- 
 olutions of the Legislature of Colorado, which 
 evidence the patriotic spirit of the people of the 
 Territory. So far the authority of the United 
 States has been upheld in all the Territories, as 
 it is hoped it will be in the future. I commend 
 their interests and defence to the enlightened 
 and generous care of Congress. 
 
 I recommend to the favorable consideration 
 of Congress the interests of the District of Co- 
 lumbia. The insurrection has been the cause 
 of much suffering and sacrifice to its inhabit- 
 ants, and as they have no representative in Con- 
 gress, that body should not ovei'look their just 
 claims upon the Government. 
 
 At your late session a joint resolution wag 
 adopted authoriz ng the President to take 
 measures for facilitating a proper representa- 
 tion of the industrial interests of the United 
 States at the exhibition of the industry of all 
 nations to be holdcn at London in the year 
 1862. I regret to say I have been unable to 
 
134 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 give personal attention to this subject — a sub- 
 ject at once so interesting in itself, and so ex- 
 tensively and intimately connected with the 
 material prosperity of the world. Through the 
 Secretaries of State and of the Interior a plan, 
 or system, has been devised, and partly ma- 
 tured, and which will be laid bef>,re you. 
 
 Under and by virtue of the act of Congress 
 entitled "An act to confiscate property used 
 for insurrectionary purposes," approved Au- 
 gust G, 18G1, the legal claims of certain persons 
 to the labor and service of certain other per- 
 sons have become forfeited; and numbers of 
 the latter, thus liberated, are already depend- 
 ent on the United States, and must be provided 
 for in some way. Besides this, it is not impos- 
 sible that some of the States will pass similar 
 enactments for their own benefit respectively, 
 and by operation of which, persons of the same 
 class will be thrown upon them for disposal. 
 In such case-, I recommend that Congress pro- 
 vide for accepting such persons from such 
 States, according to some mode of valuation, in 
 lieu, pro tanio of direct taxes, or upon some 
 other plan to be agreed on with such States 
 respectively; that such persons, on such ac- 
 ceptance by the Genei-al Government, be at 
 once deemed free ; and that, in any event, steps 
 be taken for colonizing both classes (or the one 
 fii-st mentioned, if the other shall not be brought 
 into existence,) at some place, or places, in a 
 climate congenial to them. It might be well 
 to consider, too, whether the free colored peo- 
 ple already in the United States could not, so 
 fixr as individuals may desire, be included in 
 such colonization. 
 
 To carry out the plan of colonization may 
 involve the acquiring of territory, and also the 
 appropriation of money beyond that to be ex- 
 pended in the territorial acquisition. Having 
 practiced the acquisition of territory for nearly 
 sixtyyears, the question of constitutional power 
 to do so is no longer an open one with us. The 
 power was questioned at first by Mr. Jefferson, 
 who, however, in the purchase of Louisiana, 
 yielded his scruples on the plea of great expe- 
 diency. If it be said that the only legitimate 
 object of acquiring territory is to furnish homes 
 for white men, this measure effects that object; 
 for the emigration of colored men leaves addi- 
 tional room for white men remaining or coming 
 here. Mr. Jefferson, however, placed the im- 
 portance of procuring Louisiana more on polit- 
 ical and commercial grounds than on providing 
 room for population. 
 
 On this whole proposition, including the ap- 
 propriation of money with the acquisition of 
 territory, does not the expediency amount to 
 absolute necessity — that, without which the 
 Government itself cannot be perpetuated? 
 
 The war continues. In considering the pol- 
 icy to be adopted for suppressing the insurrec- 
 tion, I have been anxious and careful that the 
 inevitable conflict for this purpose shall not 
 degenerate into a violent and remorseless revo- 
 lutionary struggle. I have, therefore, in evei-y 
 case, thought it proper to keep the integrity of 
 the Union prominent as the primary object of 
 the contest on our part, leaving all questions 
 which are not of vital military importance 
 
 to the more deliberate action of the Legisla- 
 ture. 
 
 In the exercise of my best discretion I have 
 adhered to the blockade of the ports held by 
 the insurgents, instead of putting in force, by 
 proclamation, the law of Congress enacted at 
 the late session for closing those ports. 
 
 So, also, obeying the dictates of prudence, as 
 well as the obligations of law, instead of tran- 
 scending, I have adhered to the act of Congress 
 to confiscate property used for insurrectionary 
 purposes. If a new law upon the same i-ubject 
 shall be proposed, its propriety will be duly 
 considered. The Union must be preserved; 
 and hence, all indispensable means must be 
 employed. AVe should not be in haste to deter- 
 mine that radical and extreme measures, which 
 may reach the loyal as well as the disloyal, are 
 indispensable. 
 
 The inaugural address at the beginning of 
 the Administration, and the message to Con- 
 gress at the late special session, were both 
 mainly devoted to the domestic controversy out 
 of which the insurrection and consequent war 
 have sprung. Nothing now occurs to add or 
 subtract, to or from, the principles, or general 
 purposes, stated and expressed, in those docu- 
 ments. 
 
 The last ray of hope for preserving the Union 
 peaceably expired at the assault upon Fort 
 Sumter ; and a general review of what has oc- 
 curred since may not be unprofitable. What 
 was painfully uncertain then, is much better 
 defined and more distinct now ; and the progress 
 of events is plttinly in the right direction. The 
 insurgents confidently claimed a strong support 
 from North of Mason and Dixon's line, and the 
 friends of the Union were not free from appre- 
 hension on the point. This, however, was soon 
 settled definitely, and on the right side. South 
 of the lice, noble little Delaware led off right 
 from the first. Maryland was made Xo seem 
 against the Union. Our soldiers were assaulted, 
 bridges were burned, and railroads torn up 
 within her limits, and we were many days, at 
 one time.'without the ability to bring a single 
 regiment over her soil to the capital. Kow her 
 bridges and railroads are repaired and open to 
 the Government ; she already gives seven regi- 
 ments to the cause of the Union, and none to 
 the enemy ; and her people, at a regular elec- 
 tion, have sustained theUnioo, by a larger ma- 
 jority, and a larger aggregate vote than they 
 ever before gave to any candidate or any ques- 
 tion. Kentucky, too, for some time in doubt, 
 is now decidedly, and, I think, unchangeably, 
 ranged on the side of the Union. Missouri is 
 comparatively quiet, and I believe cannot again 
 be overrun by the insurrectionists. These three 
 States of Maryland, Kentucky, and iMissouri, 
 neither of which would premise a single sol- 
 dier at first, have now an aggregate of not less 
 than forty thousand in the field for the Union ; 
 whil-^, of their citizens, certainly not more than 
 a third of that number, and they of doubtful 
 whereabouts, and doubtfid existence, are in 
 arms against it. After a somewhat bloody 
 struggle of months, winter closes on the Union 
 people of Western Virginia, leaving them mas- 
 ters of their own country. 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 135 
 
 An insurgent force of about fifteen hundred, 
 for m'lutlis dominating the narrow peninsula 
 region, constituting the counties of Accomac 
 and Northampton, and known as eastern shore 
 of Virginia, together with some contiguous 
 parts of Maryland, have laid down their arms ; 
 and the people there have renewed their alle- 
 giance to, and accepted the protection of, the 
 old flag This leaves no armed insurrectioniyt 
 norlh of the Potomac, or east of the Chesapeake. 
 
 Also wo have obtained a footing at each of 
 the isolated points, on the southern, coast, of 
 Hatteras, Port Royal, Tybee Island, near Sa- 
 vannah, and Ship Island; and we likewi^ have 
 some general accounts of popular movements, 
 in behalf of the Union, in North Carolina and 
 Tennessee. 
 
 These things demonstrate that the cause of 
 the Union is advancing steadily and certainly 
 southward. 
 
 Since your last adjournment, Lieutenant Gen- 
 eral Scott has retired from the head of the 
 Army. During his long life, the nation has not 
 been unmindful of hij merit; yet, on calling to 
 mi::d how faithfully, ably, and brilliantly he 
 has served the country, from a time far back in 
 our history, when few of the now living had 
 been born, and thenceforward continually, I 
 cannot but think we are still his debtors. I sub- 
 mit, therefore, for your consideration, what fur- 
 ther mark of recognition is due to him aii'.i to 
 ourselves, as a grateful people. 
 
 With the retirement of General Scott came 
 the executive duty of appointing, in his stead, 
 a Geueral-in-Chief of the Army. It is a fortu- 
 nate circumstance that neither in council nor 
 country was there, so far as I know, any ditfer- 
 ence of opinion as to the proper person to be 
 selected. The retiring chief repeatedly ex- 
 pressed hi judgment in favor of General Mc- 
 ClJlan for the position ; and in this the nation 
 seemed to give a unanimous concurrence. The 
 designation of General McClellan is, therefore, 
 in considerable degree, the selection of the 
 country as well as of the Executive ; and hence 
 there is better reason to hope there will be given 
 him the confidence and cordial support thus, by 
 fair implication, promised, and without which, 
 he cannot, with so full efficiency, serve the 
 country. 
 
 It has been said that one bad general is bet- 
 ter than two good ones ; and the saying is true, 
 if taken to mean no more than that an army is 
 better directed by a single mind, though in- 
 ferior, than by two superior ones at variance, 
 and cross-purposes with each other. 
 
 And the same is true, in all joint operations 
 wherein those engaged, can have none but a 
 common end in view, and can differ only as to the 
 choice of means. In a storm at sea, no one dn 
 board can wish the ship to sink ; and yet, not 
 unfrequently, all go down together, becaus? too 
 many will direct, and no single mind can be al- 
 io wed to control. 
 
 It continues to develop that the insurrection 
 is largely, if not exclusively, a war upon the 
 first principle of popular government — the 
 nglits of the people. Conclusive evidence of 
 this is found in the most grave and maturely 
 considered public documents, as well as in the 
 
 general tone of the insurgents. In those docu- 
 ments we find the abridgment of the existing 
 right of suffrage, and the denial to the people 
 of all right to participate in the selection of 
 public officers, except the legislative, boldly 
 advocated, with labored arguments to prove 
 that large control of the people in government 
 is the source of all political evil. Monarchy 
 itself is sometimes hinted at as a possible 
 refuge from the power of the people. 
 
 In my present position, I could scarcely be 
 justified were I to omit raising a warning voice 
 against this approach of returning despotism. 
 
 It is not needed, nor fitting here, that a 
 general argument should be made in favor of 
 popular institutions ; but there is one point, 
 with its connections, not so hackneyed as most 
 others, to which I ask brief attention. It is 
 the eflort to place capital on an equal footing 
 with, if not above, labor, in the structure of 
 government. It is assumed that labor is avail- 
 able only in connection with capital ; that no- 
 body labors unless somebody else, owning 
 capital, somehow by the use of it, induces him 
 to labor. This assumed, it is next considered 
 whether it is best that capital shall hire 
 laborers, and thus induce them to work by 
 their own consent, or buy them, and drive them 
 to it without their consent. Having proceeded 
 so far, it is naturally concluded that ail 
 laborers are either hired laborers, or what we 
 call slaves. And further, it is assumed that 
 whoever is once a hired laborer is fixed in that 
 condition for life. 
 
 Now, there is no such relation between 
 capital and labor as assumed; nor is there any 
 such thing as a free man being fixed for life, 
 in the condition of a hired laborer. Both 
 these assumptions are false, and all inferences 
 from them are groundless. 
 
 Labor is prior to, and independent of, capi- 
 tal. Capital is only the fruit of labor, and 
 could never have existed if labor had not first 
 existed. Labor is the superior of capital, and 
 deserves much the higher consideration. Cap- 
 ital has its rights, which are as worthy of pro- 
 tection as any other rights. Nor is it denied 
 that there is, and probably always will be, a 
 relation between labor and capital, producing 
 mutual benefits. The error is in assuming that 
 the whole labor of community exists within 
 that relation. A few men own capital, and 
 that few avoid labor themselves, and with their 
 capital hire or buy another few to labor for 
 them. A large majority belong to neither cla's 
 — neither work for others, nor have others 
 working for them. In most of the southern 
 States, a majority of the whole people of all 
 colors are neither slaves nor masters ; while in 
 the northern, a large majority are neither hirers 
 nor hired. Men with their families — wives, 
 sons, and daughters — work for themselves, on 
 their farms, in their houses, and in their shops, 
 taking the whole product to themse ves, and 
 asking no favors of capital on the one hand, nor 
 of hired laborers or slaves on the other. It is 
 not forgotten that a considerable number of 
 persons mingle their own labor with capital — 
 that is they labor with their own hands, and 
 also buy or hire others to labor for them j but 
 
1.6 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 this is only a mixed, and not a distinct class. 
 No principle stated is disturbed by the exist- 
 ence of tills mixed class. 
 
 Ap^ain, ns has already been said, there is not, 
 of necessity, any such thing as the free hired 
 laborer being fixed to that condition for life. 
 Many independent men everywhere in these 
 States, a few years back in their lives, were 
 hired laborers. The prudent, penniless begin- 
 ner in the world labors for wages awhile, saves 
 a surplus for which to buy tools or land for 
 himself, then labors on his own account an- 
 other while, and at length hires another new 
 beginner to help him. This is the just and 
 generous and prosperous system, which opens 
 the way to all, gives hope to all, and consequent 
 energy and progress, and improvement of con- 
 dition to all. No men living are more worthy 
 to be trusted than those who toil up from pov- 
 erty — none less inclined to take or touch aught 
 which they have not honestly earned. Let them 
 beware of surrendering a political power which 
 they already possess, and which, if surrendered, 
 will surely be used to close the door of advance- 
 ment against such as they, and to fix new dis- 
 abilities and burdens upon them, till all of 
 liberty shall be lost. 
 
 From the first taking of our national census 
 to the last are seventy years ; and we find our 
 population at the end of the period eight times 
 as great as it was at the beginning. The in- 
 crease of those other things which men deem 
 desirable has been even greater. We thus 
 have, at one view, what the popular principle 
 applied to government, through the machinoi-y 
 of the States and the Union, has produced in a 
 given time, and also what, if firmly maintained, 
 it promises for the future. There are already 
 among us those who, if the Union b"e preserved, 
 will live to see it contain two hundred and fifty 
 millions. The struggle of to-day is not alto- 
 gether for to-day — it is for a vast future also. 
 With a reliance on Providence, all the more 
 firm and earnest, let us proceed in the great 
 task which events have devolved uiion us. 
 
 ABRAHAM LINCOLN. 
 Washington, December 3, 1861. 
 
 President Lincoln's Second Annual 
 Message, December 1, 1862. 
 
 Fellow-citizens of the Senate 
 
 and House of Representatives : 
 
 Since your last annual assembling another 
 year of health and bountiful harvests has passed. 
 And while it has not i^leased the Almighty to 
 bless us with a return of peace, we can but 
 press on, guided by the best light He gives us, 
 trusting that in His own good time, and wise 
 way, all will yet be well. 
 
 The correspondence touching foreign affairs 
 which has taken place during the last year is 
 herewith submitted, in virtual compliance with 
 a request to that effect made by the House of 
 Representatives near the close of the last ses- 
 Bion of Congress. 
 
 If the condition of our relations with other 
 nations is less gratifying than it has usually 
 been at former periods, it is certainly more sat- 
 isfactory than a nation so unhappily distracted 
 
 as we are, might reasonably have apprehended. 
 lu the month of June last there were some 
 grounds to expect that the maritime powers 
 which, at the beginning of our domestic diffi- 
 culties, so unwisely and unnecessarily, as we 
 think, recognized the insurgents as a belliger- 
 ent, would soon recede from that position, 
 which has proved only less injurious to them- 
 selves than to our own country. But the tem- 
 porary reverses which afterwards befell the 
 national arms, and which were exaggerated by i 
 
 our own disloyal citizens abroad, have hitherto 1 
 
 delayed that act of simple justice. 
 
 Thji civil war, which has so radically changed, 
 for the moment, the occupations and habits of 
 the American people, has necessarily disturbed 
 the social condition, and affected very deeply 
 the prosperity of the nations with which we have 
 carried on a commerce that has been steadily 
 increasing throughout a period of half a cen- 
 tury. It has, at the same time, excited political 
 ambitions and apprehensions which have pro- 
 duced a profound agitation througliout the 
 civilized world. In this unusual agitation we 
 have forborne from taking part in any contro- 
 versy between foreign States, and between par- 
 ties or factions in such States. We have at- 
 tempted no propagandism, and acknowledged 
 no revolution. But we have left to every na- 
 tion the exclusive conduct and management of 
 its own affairs. Our struggle has been, of 
 course, contemplated by foreign nations with 
 reference less to its own merits than to its sup- 
 posed and often exaggerated effects and conse- 
 quences resulting to those nations themselves. 
 Nevertheless, complaint on the part of this Gov- 
 ernment, even if it were just, would certainly 
 be unwise. 
 
 The treaty with Great Britain for the sup- 
 pression of the slave trade has been put into 
 operation with a good prospect of compleie 
 success. It is an occasion of special pleasure 
 to acknowledge that the execution of it, on the 
 part of her Majesty's Government, has been 
 marked with a jealous respect for the authority 
 of the United States, and the rights of their 
 moral and loyal citizens. 
 
 The convention with Hanover for the aboli- 
 tion of the stade dues has been carried iuto full 
 effect, under the act of Congress for that pur- 
 pose. 
 
 A blockade of three thousand miles of sea- 
 coast could not be established, and vigorously 
 enforced, in a season of great commercial ac- 
 tivity like the present, without committing 
 occasional mistakes and inflicting unintentional 
 injuries upon foreign nations and their subjects. 
 
 A civil war occurring in a country where 
 foreigners reside and carry on trade under 
 ti'eaty stipulations, is necessarily fruitful of 
 complaints of the violation of neutral rights. 
 All such collisions tend to excite misapprehen- 
 sions, and possibly to produce mutual reclama- 
 tions between nations which have a common 
 interest in preserving peace and friendship. In 
 clear cases of these kinds I have, so far as pos- 
 sible, heard and redressed complaints which 
 have been presented by friendly Powers. There 
 is still, however, a large and an augmenting 
 number of doubtful cases upon which the Gov- 
 
AD.MINISTRATION OF ABRAHAM LINCOLN. 
 
 ia7 
 
 ernment is unable to agree with the Govern 
 merits whose protection is dema,nded by the 
 claimants. There are, moreover, many cases 
 ii which the United States, or their citizens, 
 si-ffer wrongs from the naval or military au- 
 thorities of foreign nations, which the Govern- 
 ments of those States are not at once preparv d 
 to redress. I have proposed to some of the 
 foreign States, thus interested, mutual conven- 
 tions to examine and adjust such complaints. 
 This proposition has been made especially to 
 Great Britain, to France, to Spain, and to 
 Prussia. In each case it has been kindly re- 
 ceived, but has not yet been formally adopted. 
 
 I deem it my duty to recommend an appro- 
 priation in behalf of the owners of the Norwe- 
 gian bark Admiral P. Tordenskiold, which 
 vessel was, in May, 18G1, prevented by the 
 commander of the blockading force off Charles- 
 ton from leaving that port with cargo, notwith- 
 standing a similar privilege had, shortly before, 
 been granted to an English vessel. I have 
 directed the Secretary of State to cause the pa- 
 pers in the case to be communicated to the 
 proper committees. 
 
 Applications have been made to me by many 
 free Americans of African descent to favor 
 their emigration, with a view to such coloniza- 
 tion as was contemplated in recent acts of Con- 
 gress. Other parties, at home and abroad — 
 some from interested motives, others upon 
 patriotic considerations, and still others influ- 
 enced by philanthropic sentithents — have sug- 
 gested similiar measures; while, on the other 
 hand, several of the Spanish-American repub- 
 lics have protested against the sending of such 
 colonies to their respective territories. Under 
 these circumstances, I have declined to move 
 any such colony to any State, without first 
 obtaining the consent of its government, with 
 an agreeiuent on its part to receive and protect 
 such emigrants in all the rights of freemen ; 
 and I have, at the same time, offered to the 
 several States situated within the tropics, or 
 having colonies there, to negotiate with them, 
 subject to the :i dvice and consent of the Senate, 
 to favor the voluntary emigration of persons 
 of that class to their respective territories, 
 upon conditions which shall be equal, just, and 
 humane. Liberia and Hayti are, as j-et, the 
 only countries to which colonists of African 
 descent from here, could go with certainty of 
 being received and adopted as citizens; and I 
 regret to say such persons, contemplating colo- 
 nization, do not seem so willing to migrate to 
 those countries, as to some othevs, nor so will- 
 ing as I think their interest demands. I be- 
 lieve, however, opinion among them in this 
 respect, is improving ; and that, ere long, there 
 will be an augmented, and considerable migra- 
 tion to both these countries, from the United 
 States. 
 
 The new commercial treaty between the 
 United States and the Sultan of Turkey has 
 been carried into execution. 
 
 A commercial and consular treaty has been 
 negotiated, subject to the Senate's consent, 
 with Liberia ; and a similar negotiation is now 
 pending with the republic of Ilayti. A con- 
 siderable improvement of the national com- 
 
 merce is expected to result from these meas- 
 ures. 
 
 Our relations with Great Britain, France, 
 Spain, Portugal, Russia, Prussia, Denmark, 
 Sweden, Austria, the Netherlands, Italy, Rome, 
 and the other European States, remain undis- 
 turbed. Very favorable relations also continue 
 to be maintained with Turkey, Morocco, China, 
 and Japan. , 
 
 During the last year there has not only been no 
 change of our previous relations with the inde- 
 I endent States of our own continent, but more 
 friendly sentiments than have heretofore exist- 
 ed, are believed to be entertained by these 
 neighbors, whose safety and progress are so 
 intimately connected with our own. This state- 
 ment especially applies to Mexico, Nicaragua, 
 Costa Rica, Honduras, Peru, and Chile. 
 
 The commission under the convention with 
 the republic of New Granada closed its session 
 without having audited Snd passed upon all 
 the claims which were submitted to it. A pro- 
 position is pending to revive the convention, 
 that it may be able to do more complete justice. 
 The joint commission between the United States 
 and the republic of Costa Rica has completed 
 its labors and submitted its report. 
 
 I have favored the project for connecting the 
 United States with Europe by an Atlantic tele- 
 graph, and a similar project to excnd the tele- 
 graph from San Francisco, to connect by a Pa- 
 cilio telegraph with the line which is being 
 extended across the Russian empire. 
 
 The Territories of the United States, with 
 unimportant exceptions, have remained undis- 
 turbed by the civil war ; and they are exhibit- 
 ing such evidence of prosperity as justifies an 
 expectation that some of them will soon be in a 
 condition to be organized as States, and be con- 
 stitutionally admitted into the Federal Union. 
 
 The immense mineral resources of some of 
 those Territories ought to be developed as 
 rapidly as possible. Every step in that direc- 
 tion would have a tendency to improve the 
 revenues of the Government, and diminish the 
 btirdeus of the people. It is worthy of your 
 serious consideration whether some extraordi- 
 nary measures to promote that end cannot be 
 adopted. The means which suggests itself as 
 most likely to be effective, is a scientific explo- 
 ration of the mineral regions in those Territo- 
 ries, with a view to the publication of its results 
 at homeandin foreign countries — results which 
 cannot fail to be auspicious. 
 
 The condition of the finances will claim your 
 most diligent consideration. The vast expendi- 
 tures incident to the military and naval opera- 
 tions requii-ed for the suppression of the rebel- 
 lion, have hitherto been met with a prompti- 
 tude and certainty unusual in similar circum- 
 stances ; and the public credit has been fully 
 maintained. The continuance of the war, how- 
 ever, and the increased disbursements made 
 necessary by the augmented forces now in the 
 field, demand your best reflections as to the 
 best modes of providing the necessary revenue, 
 without injury to business, and with the least 
 possible burdens upon labor. 
 
 The suspension of vspecie payments by the 
 banks, soon after the commeucemcnt of your 
 
13S 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 last, session, made large issues of United States 
 nutes unavoidable. In no other way could the 
 payment of the troops, and the satisfaction of 
 other just demands, be so economically or so 
 well provided for. The judicious legislation of 
 Congress, securing the receivability of these 
 notes for loans and internal duties, and making 
 them a legal tender for other debts, has made 
 them an univt rsal currency ; and j^as satisfied, 
 partially, at least, and for the time, the long 
 felt want of an uniform circulating medium, 
 saving thereby to the people immense sums in 
 discounts and exchanges. 
 
 A return to specie payments, however, at the 
 earliest period compatible with due regard to 
 all interests concerned, should ever be kept in 
 view. Fluctuations in the value of currency 
 are always injurious, and to reduce these fluc- 
 tuations to the lowest possible point will always 
 be a leading purpose in wise legislation. _ Con- 
 vertibility, prompt and certain convertibility 
 into coin, is generally acknowledged to be the 
 best and surest safeguard against them ; and it 
 is extremely doubtful whether a circulation of 
 United^tates notes, payable in coin, and sufli- 
 ciently large for the wants of the people, can 
 be permanently, usefully, and safely main- 
 tained. 
 
 Is there, then, any other mode in which the 
 necessai-y provision for the public wants can be 
 made, and the great advantages of a safe and 
 uniform currency secured ? 
 
 I know of none which promises so certain 
 results, and is, at the same time, so unobjection- 
 able, as the organization of banking associa- 
 tions, under a general act of Congress, well 
 guarded in its provisions. To such associa- 
 tions the Government might furnish circulating 
 notes, on the security of United States bond- 
 deposited in the Treasury. These notes, pre- 
 pared under the supervision of proper officers, 
 being uniform in appearance and security, and 
 convertible always into coin, would at once 
 protect labor against the evils of a vicious cur- 
 rency, and facilitate commerce by cheap and 
 safe exchanges. 
 
 A moderate reservation from the interest on 
 the bonds would compensate the United States 
 for the preparation and distribution of the 
 notes, and a general supervision of the system, 
 and would lighten the burden of that part of 
 the public debt employed as securities. The 
 public credit, moreover, would be greatly im- 
 proved, and the negotiation of new loans greatly 
 facilitated by the sieady market demand for 
 Government bonds which the adoption of the 
 proposed system would create. 
 
 It is an additional recommendation of the 
 measure, of considerable weight, in my judg- 
 ment, that it would reconcile, as far as possible, 
 all existing interests, by the opportunity of- 
 fered to existing institutions to reorganize 
 under the act, substituting only the secured 
 uniform national circulation for the local and 
 various circulation, secured and unsecured, now 
 issued by them. 
 
 The receipts into the Treasury from all 
 )urces, including loans, and balance from the 
 
 which sum $49,056,397 62 were derived from 
 customs; $1. 795, 331 73 from the direct tax ; 
 from public lands. $152,203 77 ; from miscel- 
 laneous sources, $931,737 64; from loans in 
 all forms, $529,092,460 50. The remainder, 
 $2,257,065 80, was the balance from last year. 
 The disbursements during the same period 
 were for congressional, executive, and judicial 
 purposes, $5,939,009 29 ; for foreign inter- 
 course, $1,339,710 35; for miscellaneous ex- 
 penses, including the mints, loans, post office 
 deficiencies, collection of revenue, and other 
 like charges, $14,129,771 50; for expenses 
 under the'luterior Department, $3,102,985 52 ; 
 under the War Department, $394,368,407 36: 
 under the Navy Department, $42,674,569 69; 
 for interest on public debt, $13,190 324 45; 
 and for payment of public debt, including re- 
 imbursement of temporary loan, and redemp- 
 tions, $96,096,922 09; making an aggregate of 
 $570,841,700 25, and leaving a balance in the 
 Treasury on the first day of July, 1862, of 
 $13,043,546 81. 
 
 It should be observed that the sum of 
 $96,096,522 09, expended for reimbursements 
 and redemption of public debt, being included 
 also in the loans made, may be properly dfi» 
 ducted, both from receipts and expenditures, 
 leaving the actual receipts for the year, 
 $487,788,324 97 ; and the expenditures, 
 $474,744,778 16. 
 
 Other information on the subject of the 
 finances will be found in the report of the 
 Secretary of the Treasury, to whoso statements 
 and views I invite your most candid and con- 
 siderate attention. 
 
 The reports of the Secretaries of War, and 
 of the Navy, are herewith transmitted. These 
 reports, though lengthy, are scarcely more than 
 brief abstracts of the very numerous and ex- 
 tensive transactions and operations conducted 
 through those departments. Nor could I give 
 a summary of them here, upon any principle, 
 which would admit of its being much shorter 
 than the reports themselves I therefore con- 
 tent myself Avith laying the reports before you, 
 and asking your attention to them. 
 
 It gives me pl'easure to report a decided im- 
 provement in the financial condition of the Post 
 Office Department, as compared with several 
 preceding ye.ars. The receipts for the fiscal 
 year 1861 amounted to $8,349,296 40, which 
 embraced the revenue from all the States of the 
 Union for three quarters of that year. Not- 
 withstanding the cessation of revenue from the 
 so-called Seceded States during the last fiscal 
 year, the increase of the correspondence of the 
 loyal States has been sufficient to produce a 
 revenue during the same year of $8,299,820 90, 
 being only $50,000 less than was derived from 
 all the States of the Union during the previous 
 year. The expenditures show a still more fa- 
 vorable result. The amount expended in 1861 
 was $13,606,759 11. For the last year the 
 amount has been reduced to $11,125,364 13, 
 showing a decrease of about $2,431,000 in the 
 expenditures as compared with the preceding 
 year, and about $3,750,000 ns compared with 
 
 preceding year, for the fiscal year ending on the the fiscal year 1800. The deficiency in the 
 30tfa June, 1862, were $583,885,247 06, of Department for the previous year was $4,551,- 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 189 
 
 9G0 98. For the last fiscal year it was reduced 
 to ^2,112,814 57. These favorable results are 
 in part owing' to the cessatiou of mail service 
 ia the iusurrcctionary States, and in part to a 
 careful revievv of all expenditures in that De- 
 partment in the interest of economy. The 
 efficiency of the postal service, it is believed, 
 has also been much improved. The Postmaster 
 General has also opened a correspondence, 
 through the Department of State, -w-iih foreign 
 Governments, proposing r convention of postal 
 representatives for the purpose of simplifying 
 the rates of foreign postage, and to expedite 
 the foreign mails. This proposition, equally 
 important to our adopted citizens, and to the 
 commercial interests of this country, has been 
 favorably entertained, and agreed to, by all the 
 Governments from whom replies have been 
 received. 
 
 I ask the attention of Congress to the sug- 
 gestions of the Postmaster General in his report 
 respecting the further legislation rcquiied in 
 his opinion, for the benefit of the postal service. 
 
 The Secretary of the Interior reports as fol- 
 lows in regard to the public lands : 
 
 " The public lands have ceased to be a source 
 of revenue. From the 1st of July, 18G1, to the 
 30th September, 18G2, the entire cash receipts 
 from the sale of lands were $137, 4T6 26 — a 
 sum much less than the expenses of our land 
 system during the same period. The home- 
 stead law, which will take eifect on the 1st of 
 January next, offers such inducements to set- 
 tlers, that sales for cash cannot be expected, 
 to an exteut sufficient to meet the expenses of 
 the General Land Ofiice, and the cost of sur- 
 veying and bringing the land into market." 
 
 The discrepancy between the sum here stated 
 as arising from the sales of the public lands, 
 and the sum derived from the same source as 
 reported from the Treasury Department arises, 
 as I understand, from the fact that the periods 
 of time, thoug:; apparently, were not really, 
 coincident at the beginning point — the Treas- 
 ury report including a considerable sura now, 
 which had previously been reported from the 
 Interior — sufficiently large to greatly overreach 
 the sum doriv ed from the three months now 
 reported by the Interior, and not by the 
 Treasury. 
 
 The Indian tribes upon our frontiers have, 
 during the past year, manifested a spirit of in- 
 subordination, and, at several points, have 
 engaged in open hostilities against the white 
 settlements in their vicinity. The tribes occu- 
 pying the Indian country south of Kansas, re- 
 nounced their allegiance to the United States, 
 nnd entered into treaties with the insurgents. 
 Tho; e who remained loyal to the United Htates 
 w^re driven from the country. The chief of 
 the Cherokees has visited this city for the pnr- 
 j.ose of restoring the former relations of the 
 tribe with the United States. He alleges that 
 they were constrained, by superior force, to 
 enter inti treaties with the insurgents, and 
 that the United States neglected to furnish t le 
 I)roteclion which their treaty stipulations re- 
 -quired. 
 
 In the month of August last the Sioux Indi- 
 ans, in Minnesota, attacked the settlements in 
 
 their vicinity with extreme ferocity, killing, in- 
 discriminately, men, women, and children. 
 This attack was wholly unexpected, and, there- 
 fore, no means of defence had been p; ovided. 
 It is estimated that no less than eight hundred 
 persons were killed by the Indians, and a large 
 amount of property was destroyed. How this 
 outbreak was induced is not definitely known, 
 and suspicions, which may be unjust, need not 
 be stated. Information was received by the 
 Indian bureau, from different sources, about 
 the time hostilities were commenced, that h, 
 simultaneous attack was about to be made upon 
 the whi e settlements by all the tribes between 
 the Mississippi river and the Rocky Mountains. 
 The State of Minnesota has suffered great in- 
 jury from this Indian war. A large portion of 
 her territory has been depopulated, snd a 
 severe loss has been sustained by the destruc- 
 tion of property. The people of that State 
 manifest much anxiety for the removal of the 
 tribes beyond the limits of the State as a guar- 
 antee against future hostilities. The Commis- 
 sioner ot Indian Aflairs will furnish full details. 
 I submit for your special consideration whether 
 our Indian system shall not be remodelled. 
 Miriiy wise and good mt n have impressed me 
 with the belief that this can be profitably 
 done. 
 
 I submit a statement of the proceedings of 
 commissioners, which shows the progress that 
 has been made in the enterprise of constructing 
 the Pacific railroad. And this suggests the 
 earliest completion of this road, and also the 
 favorable action of Congress upon the projects 
 now pending before them lor enlarging the ca- 
 pacities of the great canals in New York and 
 Illinois, as being of vital, and rapidly increas- 
 ing importance to the whole nation, and especi- 
 ally to the vast interior region hereinafter to 
 be noticed at some greater length. I jiropose 
 having prepared and laid before you at an early 
 day some interesting and valuable statistical 
 information upon this subject. The military and 
 commercial importance; of enlarging the Illinois 
 and Michigan canal, and improving the Illinois 
 river, is presented in the report of CoIohlI 
 Webster to the Secretary of War, and now trans- 
 mitted to Congress. I respectfully ask atten- 
 tion to it. 
 
 To carry out the provisions of the act of Con- 
 gress of the 15th of May last, I have caused the 
 Department of Agriculture of the United States 
 to bo organized. 
 
 The Commissioner informs me that, within 
 the period of a few months this department has 
 established an extensive system of correspond- 
 ence and exchanges, both at home and abroad, 
 which promises to effect highly beneficial re- 
 sults in the development of a correct knowledge 
 of recent improvements in agriculture, in the 
 introduction of new products, and in the col- 
 lection of the agricultural statistics of the dif- 
 ferent States. 
 
 Also that it will soon be prepared to distribute 
 largely seeds, cereals, plants and cuttings, and 
 has already published, and liberally diffused, 
 much valuable information in antic-ipation of a 
 more elaborate report, which will in due time be 
 furnished, embracing some valuable tests iu 
 
140 
 
 ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 chemical science now in progress in the labora- 
 tory. 
 
 The creation of this department was for the 
 more immediate benefit of a large class of our 
 most valuable citizens ; and I trust that the 
 liberal basis upon which it has been organized 
 will not only meet your approbation, but that 
 it will realize, at no distant day, all the fondest 
 anticipations of its most sanguine friends, and 
 become the fruitful source of advantage to all 
 our people. 
 
 For tbe residue of the Message, see chapter 
 on "Confiscation and Emancipation." p. 220 
 
 Members of the 38th Congress, 1st 
 Session, Dec. 7, 1863— July 4, 1864. 
 
 SENATE. 
 
 The following are the changes from the list 
 as it stood at the close of the 37th Congress : 
 
 Rhode Island — Wm. Sprague, in place of 
 Samuel G. Arnold. 
 
 New York — Edwin D. Morgan, in place of 
 Preston King. 
 
 New Jeesey — Wm. Wright, in place of James 
 W. Wall. 
 
 Pennsylvania — Charles R. Buckalew, in 
 place of David Wilmot. 
 
 Delaware — 1864, Feb. 2, George Read Rid- 
 dle, in place of James A. Bayard resigned Jan. 
 29, 1864. 
 
 Maryland — Reverdy Johnson, in place of 
 Anthony Kennedy. 
 
 Virginia — Lemuel J. Bowden, in place of 
 Waitman T. Willey, term expired. Mr. B. died 
 Jan. 2, 1864. His vacancy not filled. 
 
 West Virginia — (New Senators) Waitman 
 
 T. Willey, term to expire March 3, 1865, Peter 
 
 G. Van Winkle, term to expire March 3, 1869. 
 
 Indiana — Thomas A. Hendricks, in place of 
 
 David Turpie. 
 
 Missouri — 1863, Dec. 14, B. Gratz Brown, 
 elected for the unexpired term of Waldo P. 
 Johnson, expelled, and in place of R. Wilson, 
 appointed. 
 
 California — John Conness, in place of Mil- 
 ton S. Latham. 
 
 Minnesota — Alexander Ramsey, in place of 
 Ueury M. Rice. 
 
 Tennessee — Unrepresented. 
 Memorandum — Messrs. Elisha Baxter and 
 Wm. M. Fishback, claiming to represent the 
 State of Arkansas, were not admitted. 
 
 HOUSE OF REPRESENTATIVES. 
 Schuyler Colfax, of Indiana, Speaker. 
 Edward McPherson, of Pennsylvania, Clerk. 
 Maine — Lorenzo D. JL Sweat, Sidney Per- 
 ham, James G. Blaine, John H. Rice, Frede- 
 rick A. Pike. 
 
 New Hampshire — Daniel Marcy, Edward H. 
 Rollins, James W. Patterson. 
 
 Vermont — Frederick E. Woodbridge, Justin 
 S. Morrill, Portus Baxter. 
 
 Massachusetts — Thomas D. Eliot, Oakes 
 Ames, Alexander H. Rice, Samuel Hooper, 
 John B. Alley, Daniel W. Gooch, George S. 
 Boutwell, John D. Baldwin, William B. Wash- 
 burn, Henry L. Dawes. 
 
 Rhode Island — Jhomas A. Jenckes, Nathan 
 F. Dixon. 
 
 Connecticut — Henry C. Deming, Jumes E. 
 English, Augustus Brandegee, John H. Hub- 
 bard. 
 
 ISew York — Henry G. Stebbins, Martin 
 Kalblleisch, Moses F. Odell, Benjamin VV ood, 
 Fernando Wood, Elijah Ward, Johu W. Chan- 
 ler, James Brooks, Anson Herrick, Wiliam 
 Radford, Charles H. Winfield, Homer A. Nel- 
 son, John B. Steele, John V. L. Pruyn, John 
 
 A. Griswold, Orlando Kellogg, Calvin T. IIul- 
 burd, James M. Marvin, Samuel F. Miller, 
 Ambrose W. Clark, Francis Kernan, DeWiitC. 
 Littlejohn, Thomas T. Davis, Theodore M. 
 Pomeroy, Daniel Morris, Giles W. Hotchkiss, 
 Robert B. Van Valkcnburgh, Freeman Clarke, 
 Augustus Frank, John Ganson, Reuben E. 
 Fenton. 
 
 New Jersey — John F. Starr, George Middle- 
 ton, William G. Steele, Andrew J. Rogers, 
 Nchemiah Perry, 
 
 Pennsylvania — Samuel J. Randall, Charles 
 O'Neill, Leonard Myers, William D. Kcllcy, 
 M. Russell Thayer, John D. Stiles, John M. 
 Broomall, Sydenham E. Ancona, Thaddeus 
 Stevens, Myer Strouse, Philip Johnson, Charles 
 Deuison, Henry W. Tracy, William II. Miller, 
 Joseph Baily, Alexander II. CofFrolh, Archi- 
 bald McAllister, James T. Hale, Glenni W. 
 Scofield, Amos Myers, John L. Dawson, James 
 K. Moorhead, Thomas Williams, Jesse Lazear. 
 
 Delaware — Nathaniel B. Smithers. 
 
 Maryland — John A. J. Creswell Edwin II. 
 Webster, Henry Winter Davis, Francis Thomas, 
 Benjamin G. Harris. 
 
 Ohio — Geo. H. Pendleton, Alexander Long, 
 Robert C. Schenck, John F. McKinney, Francis 
 C. LeBlond, Chilton A. White, Samuel S. Cox, 
 William Johnson, Warren P. Noble, James M. 
 Ashley, Wells A. Hutchins, William E. Finck, 
 John O'Neill, George Bliss, James R. Morris, 
 Joseph W. White, Ephraim R. Eckley, Ruiua 
 P. Spalding, James A. Garfield. 
 
 Kentucky — Lucien Anderson, George H. 
 Yeaman, Henry Grider, Aaron Harding, Robert 
 Mallory, Green Clay Smith, Brutus J. Clay, 
 William H. Randall, William H. Wadsworth. 
 
 Indiana — John Law, James A. Cravens, 
 Henry W. Harrington, William S. Holnian, 
 George W. Julian, Ebenezer Dumont, Daniel 
 W. Voorhees, Godlove S. Orth, Schuyler Col- 
 fax, Joseph K. Edgerton, James F. McDowell. 
 
 Illinois — Isaac N. Arnold, John F. Farns- 
 worth, Ellihu B. Washburne, Charles M. Harris, 
 Owen Lovcjoy,* Jesse O. Norton, Johu 11. 
 Eden, John T. Stuart, Lewis W. Ross, An- 
 thony L. Knapp, James C. IJobinsou, Williim 
 R. Morrison, William J. Allen, James C. Allen. 
 
 Missouri — Francis P. Blair, jr.,* Henry T. 
 Blow, John G. Scott, Joseph W. McClurg, Scrn- 
 pronius H. Boyd, Austin A. King, Benjamin F. 
 Loan, William A. Hall, James S. Rollins. 
 
 Michigan — Fernando C. Beaman, CharUs 
 Upson, John W. Longyear, Francis W. Kellogg, 
 Augustus C. Baldwin, John F. Driggs. 
 
 lowA — James F. Wilson, Hiram Price, Wm. 
 
 B. Allison, Jcsiah B. Griunell, John A. Kas- 
 son, Asahel W. Hubbard. 
 
 Wisconsin — James S. Brown, Ithamor C. 
 
 *See mcmorundum iit close of 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 lU 
 
 Sloan, Ama«a Cobb, Charles A. Eldridge, Ezra 
 Wheeler, Walter D. Mclndoe. 
 
 California — Thomas B. Shannon, William 
 Higbj, Cornelius Cole. 
 
 Minnesota. — Wm. Windom, Ignatius Don- 
 nelly. 
 
 Oregon — John R. McBride. 
 
 Kansas — A. Carter Wilder. 
 
 West Virginia — Jacob B. Blair, William G. 
 Brown, Kellian V. Whaley. 
 
 MEMORANDUM OF CHANGES. 
 
 These changes occurred during the session : 
 
 1864, Jan. 12, Francis P. Blair, jr., took his 
 .-eat, and June 11th was unseated by vote of 
 the House — yeas 81, nays 33. Same day, the 
 House — yeas 10, nays 53 — voted that Samuel 
 Knox, the contestant, was entitled to the seat, 
 and June 15th he was qualified. 
 
 1SG4, March 25, Owen Lovejoy died. May 20, 
 Ebon C. IngersoU qualified as his successor. 
 
 The names of A. P. Fields and Thomas Cott- 
 man, claiming seats from Louisiana, were placed 
 upon the roll by the Clerk of the 37th Congress, 
 and voted for Speaker, but their credentials 
 were referred tothe Commiltee on Elections — 
 yeas 100, nays 71 — and, Feb. 10, they were 
 voted not entitled to seats, without a division. 
 The names of the Maryland delegation ; of 
 Messrs. Blair, Blow, McClurg, Boyd, Loan and 
 Hall, of the Missouri delegation; of Mr. Mc- 
 Bride, of Oregon ; of Mr. Wilder, of Kansas; 
 and of the West Virginia delegation, omitted 
 by the Clerk, were ordered by the House, to be 
 placed upon the roll. The claims of Messrs. 
 Chandler, Segar, and Kitchen, of Virginia, 
 were referred to the Committee on Elections, 
 and subsequently reported against — the House 
 concurring in the report. Messrs. A. A. C. 
 Piogers, James M. Johnson, and §'. M. Jacks, 
 claiming seats from Arkansas, were not ad- 
 mitted. 
 
 President Lincoln's Third Annual 
 Message, December 8, 1863. 
 
 Fellow-ciiizens of the Senate 
 
 and House of Representatives : 
 
 Another year of health, and of sufficiently 
 abundant harvests, has passed. For these, and 
 especially for the improved condition of our 
 national afi"airs, our renewed and profoundest 
 gratitude to God is due. 
 
 We remain in peace and friendship with for- 
 eign Powers. 
 
 The efi'ortg of disloyal citizens of the United 
 States to involve us in foreign wars, to aid an 
 inexcusable insurrection, have been unavailing. 
 Her Britannic Majesty's Government, as was 
 justly expected, have exercised their authority 
 to prevent the departure of new hostile expe- 
 ditions from British ports. The Emperor of 
 France has, by a like proceeding, promptly 
 vindicated the neutrality which he proclaimed 
 at the beginning of the contest. Questions of 
 great intricacy and importance have arisen out 
 of the blockade and other belligerent opera- 
 tions, between the Government and several of 
 the maritime Powers, but they have been dis- 
 cussed, and, as far as was possible, accommo- 
 
 dated in a spirit o^ frankness, justice, and 
 mutual good will. It is especially gratifying 
 that our prize courts, by the impaniality of 
 their adjudications, have commanded the re- 
 spect and confidence of maritime I'owers. 
 
 The supplemental treaty between the United 
 States and Great Britain for the suppression of 
 the African slave trade, made on the ITlh d^v 
 of February last, has been duly ratified and 
 carried into execution. It is believed that, so 
 far as American ports and American citizens 
 are concerned, that inhuman and odious trafiio 
 has been brought to an end. 
 
 I shall submit, for the consideration of the 
 Senate, a convention for the adjustment of pos- 
 sessory claims in W'ashington Tcrritorj', arising 
 out of the treaty of the 15ili June, 1846, between 
 the United States and Great Britain, and which 
 have been the source of some disc[uiet among 
 the citizens of that now rapidly improving part 
 of the country. 
 
 A novel and important question, involving 
 the extent of the maritime juri.- diction of Spain 
 in the waters which surround the island of 
 Cuba, has been debated without reaching an 
 agreement, and it is proposed, in an amicable 
 spirit, to refer it to the arbitrament of a friendly 
 Power. A convention for that purpose will be 
 submitted to the Senate. 
 
 I have thought it proper, subject to the ap- 
 proval of the Senate, to concur with the inter- 
 ested commercial Powers in an arrangement 
 for the liquidation of the Scheldt dues upon 
 the principles which have been heretofore 
 adopted in regard to the imposts upon naviga- 
 tion in the waters of Denmark. 
 
 The long pending controversy between this 
 Government i;nd that of Chili, touching the 
 seizure of Sitaua, in Peru, by Chilian officers, 
 of a large amount in treasure belonging to 
 citizens of the United States, has been brought 
 to a close by the award of his Majesty the 
 King of the Belgians, to whose arbitration the 
 (lucstion was referred by the parties. The sub- 
 ject was thoroughly and patiently (xamined by 
 that justly respected magistrate, and although 
 the sum awarded to the claimants may not 
 have been as large as they expected, there is no 
 reason to distrust the wisdom of his Majesty's 
 decision. That decision was jn-omptly com- 
 plied with by Chili, when intelligence in re- 
 gard to it reached that country. 
 
 The joint conunission, under the act of the 
 last session, for carrying into effect the con- 
 vention with Peru on the subject of claims, has 
 been organized at Lima, and ia engaged in the 
 business intrusted to it. 
 
 Difficulties concerning inter-oceanic transit 
 through Nicaragua are in course of amicable 
 adjustment. 
 
 In conformity with principles srt forth in my 
 last annual message, I have received a repre- 
 sentative from the United States of Colombia, 
 and have accredited a minister to that republic. 
 
 Incidents occurring in the progress of our 
 civil v.-ar have forced upon my attention the 
 uncertain state of international questions touch- 
 ing the rights of foreigners in this country and 
 of United States citizens abroad- In regard to 
 some Governments these riirlils are at least 
 
142 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 partially defined by treahes. In no instance, 
 however, is it expressly stipulated that, in the 
 event of civil war, a foreigner residing in this 
 country, within the lines of the insurgents, is 
 to be exempted from the rule which classes 
 him as a belligerent, in whose behalf the Gov- 
 ernment of his country cannot expect any 
 ])rivileges or immunities distinct from that 
 character. I regret to sny, however, that such 
 claims have been put forward, and, in some 
 instances, in behalf of foreigners who have 
 lived in the United States the greater part of 
 iheir lives. 
 
 There is reason to believe that many persons 
 born in foreign countries, who have declared 
 their intentions to become citizens, or who have 
 been fully naturalized, have evaded the military 
 duty required of them by denying the fact, and 
 thereby throwing upon the Government the 
 burden of proof. It has been found difficult or 
 impracticable to obtain this proof, from the 
 want of guides to the proper sources of infor- 
 mation. These might be supplied by requiring 
 clerks of courts, where declarations of inten- 
 tions may be made or naturalizations effected, 
 to send, periodically, lists or the names of the 
 persons naturalized, or declaring their intention 
 10 become citizens, to the Secretary of the Inte- 
 rior, in whose department those names might 
 be arranged and printed for general informa- 
 tion. 
 
 There is also reason to believe that foreigners 
 frequently become citizens of the United States 
 for the sole purpose of evading duties imposed 
 by the laws of ihuir native countries, to which, 
 on becoming naturalized here, they at once re- 
 pair, and, though never returning to the United 
 States, they still claim the interposition of this 
 Government as citizens. Many altercations 
 and great prejudices have heretofore arisen out 
 of this abuse. It is, therefore, submitted to 
 your serious consideration. It might be advi- 
 sable to fix !i limit, beyond which no citizen of 
 the United States residing abroad may claim 
 the interposition of his Governtnent. 
 
 The right of sufirage has often been assumed 
 and exercised by aliens, under pretences of 
 naturalization, which they havedisavowcd when 
 drafted into the military service. I submit the 
 expediency of sucji an amendment of the law 
 as will make the fact of voting an estoppel 
 against any pica of exemption from military 
 service, or other civil obligation, on the ground 
 of alienage. 
 
 In common with other western Powers, our 
 relations with Japan have been brought into 
 serious jeopardy, through the perverse opposi- 
 tion of the hereditary aristocracy of the empire 
 to the enlightened and liberal policy of the Ty- 
 coon, designed to bring the country into the 
 society of nations. It is hoped, although not 
 with entire confidence, that these difficulties 
 may be peacefully overcome. I ask your at- 
 tention to the claim of the minister residing 
 there for the damages he sustained in the de- 
 struction by fire of the residence of the legation 
 at Yedo. 
 
 Satisfactory arrangements ha^e been made 
 with the Emperor of Russia, which, it is be- 
 lieyed, will result in effecting a continuous line 
 
 of telegraph through that empire from our Pa- 
 cific coast. 
 
 I recommend to your favorable consideration 
 the subject of an international telegraph across 
 the Atlantic ocean ; and also of a telegraph be- 
 tween this capital and the national forts along 
 the Atlantic sea-board and the Gulf of Mexico. 
 Such communications, established with any 
 reasonable outlay, would be economical as well 
 as effective aids to the diplomatic, military, and 
 naval service. 
 
 The consular system of the United States, 
 under the enactments of the last Congress, be- 
 gins to be self-sustaining ; and there is reason 
 to hope that it may become entirely so, with the 
 increase of trade which will ensue whenever 
 peace is restored. Our ministers abroad have been 
 faithful in defending American rights. In pro- 
 tecting commercial interests, our consuls have 
 necessarily had to encounter increased labors 
 and responsibilities, growing out of the war. 
 These they have, for the most part, met and 
 discharged with zeal and efficiency. This ac- 
 knowledgment justly includes those consuls 
 who, residing in Morocco, Egypt, Turkey, Ja- 
 pan, China, and other Oriental countries, are 
 charged with complex functions and extraordi- 
 nary powers. 
 
 The condition of the several organized Terri- 
 tories is generally satisfactory, although Indian 
 disturbances in New Mexico have not been en- 
 tirely suppressed. The mineral resources of 
 Colorado, Nevada, Idaho, New Mexico, and Ari- 
 zona, are 2^1'oving far richer than has been 
 heretofore understood. I lay before you a com- 
 munication on this subject from the Governor 
 of New Mexico. I again submit to your consid- 
 aration the expediency of establishing a system 
 for the enc{Miragement of immigration. Al- 
 though this source of national wealth and 
 strength is again flowing with greater freedom 
 than for several years before the insurrection 
 occurred, there is still a great deficiency of la- 
 borers in every field of industry, especially in 
 agriculture and in our mines, as well of iron 
 and coal as of the precious metals. While the 
 demaud for labor is much increased here, tens 
 of thousands of persons, destitute of remunera- 
 tive occupation, are thronging our foreign con- 
 sulates, and offering to emigrate to the United 
 States if essential, but vei-y cheap, assistance 
 can bo afforded them. It is easy to see that, un- 
 der the sharp discipline of civil war, the nation 
 is beginning a new life This noble effort de- 
 mands the aid, and ought to receive the atten- 
 tion and support of the Government. 
 
 Injuries, unforeseen by the (Mnenuncnt and 
 unintended, may, in some cases, have been in- 
 flicted on the subjects or citizens of foreign 
 countries, both at sea and on land, by persons 
 in the service of the United States. As this 
 Government expects redress from other Powers 
 when similar injuries are inflicted by persons 
 in their service upon citizens of the United 
 States, we must be prepared to do justice to 
 foreigners. If the existing judicial tribunals 
 are inadequate to this purpose, a special court 
 may be authorized, with power co hear and de- 
 cide such claims of the character referred to 
 as maj' have arisen under treaties and the pub- 
 
ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 U3 
 
 Tic law. Conventions for adjusting the claims 
 by joint commission have been i ropoted to some 
 Governments, but no definite answer to the 
 proposition has yet been received from any. 
 
 In the course of the session I shall probably 
 have occasion to request you to provide indem- 
 nification to claimants where decrees of restitu- 
 tion have been rendered, and damages awarded 
 by admiralty courts ; and in other cases, where 
 this Government may be acknowledged to be 
 liable in principle, and where the amount of 
 that liability has been ascertained by an infor- 
 mal arbitration. 
 
 The proper officers of the Treasury have 
 deemed themselves required by the law of the 
 United States upon the subject, to demand a 
 tax upon the incomes of foreign consuls in this 
 country. While such a demand may not, in 
 strictness, be in derogation of public law, or 
 perhaps of any existing treaty between the 
 United States and a foreign country, the expe- 
 diency of so far modifyicg the act as to exempt 
 from tax the income of such consuls as are not 
 citizens of the United States, derived from the 
 emoluments of their office, or from property 
 not situated in the United States, is submitted 
 to your serious consideration. I make this 
 suggestion upon the ground that a comity which 
 ought to be reciprocated exempts our consuls, 
 in aU other countries, from taxation to the ex- 
 tent thus indicated. The United States, I think, 
 oug]\t not to be exceptionably illiberal to in- 
 ternational trade and commerce. 
 
 The operations of the Treasury during the 
 last year have been successfully conducted. 
 The enactment by Congress of a national bank- 
 ing law has proved a valuable support of the 
 public credit ; and the general legislation in 
 relation to loans has fully answered the expect- 
 ations of its favorers. Some amendments may 
 be required to perfect existing laws, but no 
 change iu their principles or general scope is 
 believed to be needed. 
 
 Since these measures have been in operation, 
 all demands on the Treasury, including the pay 
 of the Army and Navy, have been promptly met 
 and fully satisfied. No considerable body of 
 tro ps, it is believed, were ever more amply 
 provided, and more liberally and punctually 
 paid ; and it may be added, that by no people 
 were the burdens incident to a great war ever 
 more cheerfully borne. 
 
 The receipts during the year from all sources, 
 including loans and balance in the Treasury at 
 its commencement, were $901,125,074 86, and 
 the aggregate disbursements $895,796,630 65, 
 leaving a balance on the 1st of July, 1863, of 
 §5,329,044 21. Of the receipts there were 
 derived from customs $69,059,042 40 ; from 
 internal revenue, §37,640,787 95 ; from direct 
 tax, §1,485.103 01; from lands, $167,617 17; 
 from miscellaneous sources, $3,046,615 35 ; 
 and from loans, §776,682,361 57; making the 
 aggregate, §901,125,674 86. Of the disburse- 
 ments there were for the civil service, §23,- 
 253,922 08 ; for pensions and Indians, §4,216,- 
 520 79 ; for interest on public debt, $24,729,846 
 51 ; for the War Department, §599,298,000 83 ; 
 for the Navy Department, §03,211,105 27; for 
 payment of funded and temporary debt, §181,- 
 
 086,635 07 ; making the aggregate. §895.790,- 
 630 65, and leaving the balance "f §5,329,044 
 21. But thepaj'ment of funded and temporary 
 debt, having been made from moneys borrowed 
 during the year, must be regarded as merely 
 nominal payments, and the moneys borrowed 
 to make them as merely nominal receipts; and 
 their amount, $181 086,635 07, should there- 
 fore be deducted both, from receipts and dis- 
 bursements. This being done, there remains 
 as actual receipts §720,039,039 79, and the 
 actual disbursements §714.709,995 53, leaving 
 the balance as ah-eady stated. 
 
 The actual receipts and disbursements for 
 the first quarter, and the estimated receipts and 
 disbursements for the remaining three quar- 
 ters of the current fiscal year, 1864, will be 
 shown in detail by the report of the Secretary 
 of the Treasury, to which I invite your atten- 
 tion. It is sufficient to say here that it is not 
 believed that actual results will exhibit a state 
 of the finances less favorable to the country 
 than the estimates of that officer heretofore 
 submitted; while it is confidently expected 
 that at the close of the year both disbursements 
 and debt will be found vei>y considerably lesa 
 than has been anticipated. 
 
 The report of the Secretary of War is a docu- 
 ment of great interest. It consists of — 
 
 1. The military operations of the year, de- 
 tailed in the report of the General-in-Chief. 
 
 2. The organization of colored persons into 
 the war service. 
 
 3. The exchange of prisoners, fully set forth 
 in the letter of Gen. Hitchcock. 
 
 4. The operations under the act for enrolling 
 and calling out the national forces, detailed in 
 the report of the Provost Marshal General. 
 
 5. The organization of the invalid corps ; and 
 
 6. The operation of the several departments 
 of the Quartermaster General, Commissary 
 General, Paymaster General, Chief of Engineers, 
 Chief of Ordnance, and Surgeon General, 
 
 It has appeared impossible to make avaluable 
 summary of this report except such as would 
 be too extended for this place, and hence I con- 
 tent myself by asking your careful attention 
 to the report itself. 
 
 The duties devolving on the naval branch of 
 the service daring the j'ear, and throughout 
 the whole of this unhappy conte-t, have been 
 discharged with fidelity and eminent success. 
 The extensive blockade has been constantly in- 
 creasing in efficiency, as the navy has expand- 
 ed ; yet on so long a line it has so far been im- 
 possible to entirely suppress illicit trade. From 
 returns received at the Navy Department it ap- 
 pears that more than one thousand vessels 
 have been captured since the blockade was in- 
 stituted, and that the value of prizes already 
 sent iu for adjudication amounts to over 
 thirteen millions of dollars. 
 
 The naval force of the United States consists 
 at this time of five hundred and eighty-eight 
 vessels, completed and in the course of comple- 
 tion, and of these seventy-five are iron-clad or 
 armored steamers. The events of the war give 
 an increased interest and importance to the 
 Navy which will probably extend beyond the 
 war itself. 
 
lU 
 
 ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 The armored vessels in our Navj, completed 
 and ill service, or which are under contract and 
 approaching completion, are believed to exceed 
 in number those of any other Power. But while 
 these maj' be relied upon for harbor defence 
 and coast service, others of greater strength and 
 capacity will be necessai'y for cruising pur- 
 pr-ises, and to maintain our rightful position on 
 the ocean. 
 
 The change that has taken place in naval 
 vessels and naval warfare since the introduction 
 of steam as a motive power for ships of war 
 demands either a corresponding change in some 
 of our existing navy-yards, or the establishment 
 of new ones, for the construction and necessary 
 repair of modern naval vessels. No inconsid- 
 erable embarrassment, delay, and public injury 
 have been experienced from the want of such 
 governmental establishments. The necessity of 
 such a navy yard, so furnished, at some suitable 
 place upon the Atlantic seaboard, has on re- 
 peated occasions been brought to the attention 
 of Congress by the Navy Department, and is 
 again presented in the report of the Secretary 
 which accompanies this communication. I 
 think it my duty to invite your special attention 
 to this subject, and also to that of establishing 
 a yard and depot for naval purposes upon one 
 of the western rivers. A naval force has been 
 created on those interior waters, and under 
 many disadvantages, within little more than 
 two years, exceeding in numbers the whole 
 naval force of the country at the commencement 
 of the present administration. Satisfactory' and 
 important as have been the performances of 
 the heroic men of the Navy at this interesting 
 period, they are scarcely more wonderful than 
 tbe success of our mechanics and artisans in 
 the production of war vessels which has created 
 a new form of naval power. 
 
 Our country has advantages superior to any 
 other nation in its resources of iron and timber, 
 with inexhaustible quantities of fuel in the im- 
 mediate vicinity of both, all available and in 
 close proximity to navigable waters. Without 
 the advantage of public works the resources of 
 the nation have been developed and its power 
 displayed in the construction of a navy of such 
 magnitude which has, at the very period of its 
 creation, rendered signal service to the Union. 
 
 The increase of the number of seamen in the 
 public service, from seven thousand five hun- 
 dred men, in the spring of 18G1, to about thirty- 
 four thousand at the present time, has been ac- 
 complished without special legislation, or extra- 
 ordinary bounties to promote that increase. It 
 has been found, however, that the operation of 
 the draft, with the high bounties paid for armj' 
 recruits, is beginning to affect injuriously the 
 naval service, and will, if not corrected, be 
 likely to impair its efficiency, by detaching sea- 
 men from their proper vocation and inducing 
 them to enter the army. I therefore respect- 
 fully suggest that Congress might aid both the 
 army and naval service by a definite provision 
 on this subject, which would at the same time 
 be equitable to the communities more especially 
 interested. 
 
 I commeud to your consideration the sug- 
 gestions of the Secretary of the Navy in regard 
 
 to the policy of fostering and training seamen, 
 and also the education of officers and engineers 
 for the naval service. The Naval Academy is 
 rendering signal service in preparing midship- 
 men for the highly responsible duties which in 
 after life tbey will he i-equircd to perform. In 
 order that the country should not be deprived 
 of the pro]5er quota of educated officers, for 
 which legal provision has been made at the ^a- 
 val School, the vacancies caused by the neglect 
 or omission to make nominations from the 
 States in insurrection have been filled by the 
 Secretary of the Navy. The school is now more 
 full and complete than at any former period, 
 and in every respect entitled to the favorable 
 consideration of Congress. 
 
 During the past fiscal year the financial con- 
 dition of the Post Office Department has been 
 one of increasing prosperity, and 1 am gratified 
 in being able to state that the actual postal 
 revenue has nearly equalled the entire expend- 
 itures ; the latter amounting to Si 1,314,200 
 84, and the former to SH, 103,789 59, leaving 
 a deficiency of but $100,417 25. In 18G0, the 
 year immediately preceding the rebellion, the 
 deficiency amounted to S5,G5G,705 49, the 
 postal receipts of that year being $2,645,722- 
 19 less than those of 1803. The decrease since 
 18G0 in the annual amount of transportation 
 has been only about 25 per cent., but tho 
 annual expenditiu'e on account of the sam-i 
 has been reduced 35 per cent. It is manifest, 
 therefor;', that the Post Office Department juay 
 become self-sustaining in a few years, even 
 with the restoration of the v/hole service. 
 
 The international conference of postal dele- 
 gates from the principal countries of Europe 
 and America, which was called at the sugges- 
 tion of the Postmaster General, met at Paris 
 on the 11th of May last, and concluded its de- 
 liberations on the 8th of June. The principles 
 established by the conference as best adapted 
 to facilitate postal intercourse between nations, 
 and as the basis of future postal conventions, 
 inaugurate a general system of uniform inter- 
 national charges, at reduced rates of postage, 
 and cannot fail to produce beneficial results. 
 
 I refer yoix to the report of the Secretary of 
 the Interior, which is herewith laid before you, 
 for useful and varied information in relation to 
 iho public lands, Indian affairs, patents, pen- 
 sions, and other matters of public concern 
 pertaining to this department. 
 
 The quantity of laud disposed of during tho 
 last and the first quarter of the present fiscal 
 years was three million eight hundred and 
 forty-one thousand five hundred and forty-nine 
 acres, of which one hundred aud sixty-one 
 thousand nine hundred and eleven acres wei e 
 sold for cash, one million four hundred and 
 fifty-six thousand five hundred and fourteen 
 acres were taken up under the homestead law, 
 and the residue disposed of uuder laws grant- 
 ing lands for military bounties, for railroad and 
 other purposes. It also appears that the sale 
 of the public lands is largely on the increase. 
 
 It has long been a cherished opinion of some 
 of our wisest statesmen that the people of the 
 United States had a higher and more enduring 
 interest in the early settlement and substantial 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 145 
 
 cultivation of the public lands than in the 
 amount of direct revenue to be derived from 
 the sale of them. This opinion has had a con- 
 trolling influence in shaping legislation upon 
 the subject of our national domain. I may 
 cite, as evidence of this, the liberal measures 
 adopted in reference to actual settlers ; the 
 grant to the States of the overflowed lands 
 within their limits in ord r to their being re- 
 claimed and rendered fit for cultivation ; the 
 grants to railway companies of alternate sec- 
 tions of land upon the contemplated lines of 
 their roads which, when completed, will so 
 largely multiply the facilities for reaching our 
 distant possessions. This policy has received 
 its most signal and beneficent illustration in 
 the recent enactment granting homesteads to 
 actual settlers. Since the first day of Januai-y 
 last the beforementioned quantity of one mil- 
 lion four hundred and fifty-six thousand five 
 hundred and fotirteen acres of land have 
 been taken up under its provisions. This fact 
 and the amount of sales, furnish gratifying 
 evidence of increasing settlement upon the 
 public lands, notwithstanding the great strug- 
 gle in which the energies of the nation have 
 been engaged, and which has required so large 
 a withdrawal of our citizens from their accus- 
 tomed pursuits. I cordially concur in the 
 recommendation of the Secretary of the Inte- 
 rior, suggesting a modification of the act in 
 favor of those engaged in the military and na- 
 val service of the United States. I doubt not 
 that Congress will cheerfully adopt such 
 measures as will, without essentially chang- 
 ing the general features of the system, se- 
 cure, to the greatest practicable extent, its 
 benefits to those who have left their homes 
 in the defence of the country in this arduous 
 crisis. 
 
 I invite your attention to the views of the 
 Secretary as to the propriety of raising, by ap- 
 propriate legislation, a revenue from the mine- 
 ral lands of the United States. 
 
 The measures provided at your last session 
 for the removal of certain Indian tribes have 
 been carried into effect. Sundry treaties have 
 been negotiated, which will, in due time, be 
 submitted for the constitutional action of the 
 Senate. They contain stipulations for extin- 
 guishing the possessory rights of the Indians to 
 large and valuable tracts of land. It is hoped 
 that the eflect of these treaties will result in 
 the establishment of permanent friendly rela- 
 tions with such of these tribes as have been 
 brought into frequent and bloody collision with 
 our outlying settlements and emigrants. Sound 
 policy and our imperative duty to these wards 
 of the Government demand our anxious and 
 constant attention to their material well-being, 
 to their progress in the arts of civilization, and 
 above all, to that moral training which, under 
 the blessing of Divine Providence, will confer 
 upon them the elevated and sanctifying in- 
 fluences, the hopes and consolations of the 
 Christian faith. 
 
 I suggested in my last annual message the 
 propriety of remodelling our Indian system. 
 Subsequent events have satisfied me of its ne- 
 cessity. The details set forth in the report of 
 10 
 
 the Secretary evince the urgent need for imme- 
 diate legislative action. 
 
 I commend the benevolent institutions estab- 
 lished or patronized by the Government in this 
 District to your generous and fostering care. 
 
 The attention of Congress, during the last 
 session, was engaged to some extent with a 
 proposition for enlarging the water communi- 
 cation between the Mississippi river and the 
 northeastern seaboard, which proposition, how- 
 ever, failed for the time. Since then, upon a 
 call of the greatest respectability, a convention 
 has been held at Chicago upon the same subject, 
 a suaimary of whose views is contained in a 
 memorial addressed to the President and Con- 
 gress, and which I now have the honor to lay 
 before you. That this interest is one which, ere 
 long, will force its own way, I do not entertain 
 a doubt, while it is submitted entirely to your 
 wisdom as to what can be done now. Aug- 
 mented interest is given to this subject by the 
 actual commencement of the work on the Pa- 
 cific railroad, uuder auspices so favorable to 
 rapid progress and completion. The enlarged 
 navigation becomes a palpable need to the great 
 road. 
 
 I transmit the second annual report of the 
 Commissioner of the Department of Agriculture, 
 asking your attention to the developments in 
 that vital interest of the nation. 
 
 When Congress assembled a j'ear ago the war 
 had already lasted nearly twenty months, and 
 there had been many conflicts on both land and 
 sea with varj'ing results. The rebellion had 
 been pressed back into reduced limits ; yet the 
 tone of public feeling and opinion, at home and 
 abroad, was not satisfactory. With other signs, 
 the popular elections, then just past, indicated 
 uneasiness among ourselves, while amid much 
 that was cold and menacing, the kindest words 
 coming from Europe were uttered in accents of 
 pity, that we were too blind to surrender a 
 hopeless cause. Our commerce was sufi'ering 
 greatly by a few armed vessels built upon and 
 furnished from foreign shores, and we were 
 threatened with such additions from the same 
 quarter as would sweep our trade from the sea 
 and raise our blockade. We had failed to elicit 
 from European Governments anything hopeful 
 upon this subject. The preliminary emancipa- 
 tion proclamation, issued in September, was 
 running its assigned period to the beginning of 
 the new year. A month later the final procla- 
 mation came, including the announcement that 
 colored men of suitable condition would be re- 
 ceived into the war service. The policy oi' 
 emancipation, and of employing black soldiers, 
 gave to the future a new aspect, about which 
 hope, and fear, and doubt contended in uncer- 
 tain conflict. According to our political system, 
 as a matter of civil administration, the General 
 Government had no lawful power to effect 
 emancipation in any State, and for a long time 
 it had been hoped that the rebellion could be 
 suppressed without resorting to it as a military 
 measure. It was all the while deemed possible 
 that the necessity for it might come, and that if 
 it should, the crisis of the contest would then 
 be presented. It came, and, as was anticipated, 
 it was followed by dark and doubtful days. 
 
146 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 Eleven mouths having now passed, we are per- 
 mitted to take another view. The rebel borders 
 are pressed still further back, and bj' the com- 
 plete opening of the Mississippi the country 
 dominated by the rebellion is divided into dis- 
 tinct parts, with no practical communication 
 between them. Tennessee and Arkansas have 
 been substantially cleared of insurgent control, 
 and inilucntial citizens in each, owners of slaves 
 and advocates of slavery at the beginning of the 
 rebellion, now declare openly for emancipation 
 in their respective States. Of those States not 
 included in the emancipation proclamation, 
 Maryland and Missouri, neither of which three 
 years ago would tolerate any restraint upon the 
 extension of slavery into new territories, only 
 dispute now as to the best mode of removing it 
 within their own limits. 
 
 Of those who were slaves at the beginning 
 of the rebellion, full one hundred thousand are 
 now in the United States military service, about 
 one half of which number actually bear arms 
 in the ranks ; thus giving the double advantage 
 of taking so much labor from the insurgent 
 cause, and supplying the places which other- 
 wise must be filled with so many white men. 
 So far as tested, it is difficult to say they are 
 not as good soldiers as any. No servile insur- 
 rection, or tendency to violence or cruelty, has 
 marked the measm-es of emancipation and arm- 
 ing the blacks. These measures have been 
 much discussed in foreign countries, and con- 
 temporary with such discussion the tone of 
 public sentiment there is much improved. At 
 home the same measures have been fully dis- 
 cussed, supported, criticised, and denounced, 
 and the annual elections following are highly 
 encouraging to those whose ofQcial duty it is 
 to bear the country through this great trial. 
 Thus we have the new reckoning. The crisis 
 which threatened to divide the friends of the 
 Union is past. 
 
 Looking now to the present and future, and 
 with reference to a resumption of the national 
 authority within the States wherein that 
 authority has been suspended, I have thought 
 fit to issue a proclamation, a copy of which is 
 herewith transmitted. On examination of this 
 proclamation it will appear, as is believed, that 
 nothing will be attempted beyond what is 
 amply justified by the Constitution. True, the 
 form of an oath is given, but no man is coerced 
 to take it. The man is only promised a pardon 
 in case he voluntarily takes the oath. The 
 Constitution authorizes the Executive to grant 
 or withhold the pardon at his own absolute 
 discretion ; and this includes the power to grant 
 on terms, as is fully established by judicial and 
 other authorities. 
 
 It is also proffered that if, in any of the 
 States named, a State government shall be, in 
 the mode prescribed, set up, such government 
 shall be recognized and guarantied by the 
 United States, and that under it the State 
 shall, on constitutional conditions, be protected 
 against invasion and domestic violence. The 
 constitutional obligation of the United States 
 to guaranty to every State in the Union a re- 
 publican form of government, and to protect 
 the State, in the cases stated, is explicit and 
 
 full. But why tender the benefits of this pro- 
 vision only to a State government set up in 
 this particular way ? This section of the Con- 
 stitution contemplates a case v/herein the ele- 
 ment within a State, favorable to republican 
 government, in the Union, may be too feeble 
 lor an opposite and hostile clement external to 
 or even within the State ; a d such are pre- 
 cisely the cases with which we are now dealing. 
 An attempt to guaranty and protect a re- 
 vived State government, constructed in whole, 
 or in preponderating part, from the very element 
 against whose hostility and violence it is to be 
 protected, is simply absurd. There must be a 
 test by which to separate the opposing elements 
 so as to buill only from the sound; and that 
 test is a sufficiently liberal one which accepts 
 as sound whoever will make a swoin recanta- 
 tion of his former unsouudness. 
 
 But if it be proper to require, as a test of 
 admission to the political body, an oath of al- 
 legiance to the Constitution of the United States, 
 and to the Union under it, why also to the laws 
 and proclamations in regard to slavery ? Those 
 laws and proclamations were enacted and put 
 forth for the purpose of aiding in the suppres- 
 sion of the rebellion. To give them their fullest 
 effect, there had to be a pledge for their main- 
 tenance. In my judgment they have aided, 
 and will further aid, the cause for which they 
 were intended. To now abandon them would 
 bo not only to relinquish a lever of power, but 
 would also be a cruel and an astounding breach 
 of faith. I may add at this point, that while I 
 remain in my present position I shall not at- 
 tempt to retract or modify the emancipation 
 proclamation ; nor shall I return to slavery any 
 person who is free by the terms of that procla- 
 mation, or by any of the acts of Congres^ 
 For these and other reasons it is thought best 
 that support of these measures shall be im lu- 
 ded in the oath ; and it is believed the Execu- 
 tive may lawfully claim it in return for pardon 
 and restoration of forfeited rights, which he 
 has clear constitutional power to withhold alto- 
 gether, or grant upon the terms which he shall 
 deem wisest for the public interest It should 
 be observed, also, that this part of the oath is 
 subject to the modifying and abrogating power 
 of legislation and supreme judicial decision. 
 
 The proposed acquiescence of the national 
 Executive in any reasonable temporary State 
 arrangement for the freed people is made with 
 the view of possibly modifying the confusion 
 and destitution which must at best, attend all 
 classes by a total revolution of labor through- 
 out whole States. It is hoped that the alrea(!y 
 deeply afflicted people in those States ma,y be' 
 fcomewhat more ready to give up the cause of 
 their affliction, if, to this extent, this vital mat- 
 ter be left to themselves ; while no power of 
 the national Executive to prevent an abuse is 
 abridged by the proposition. 
 
 The suggestion in the proclamation as to 
 maintaining the political frame-work of the 
 States on what is called reconstruction, is 
 made in the hope that it may do good without 
 danger of harm. It will save labor, and avoid 
 great confusion. 
 
 But why any proclamation now upon the sub- 
 
ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 U7 
 
 ject? Thi=i question is beset with the conflict- 
 ing views that the step might be delayed too 
 long or be aken too soon. In some States the 
 elements foi- resumption seem ready for action, 
 but remain inactive, apparently for want of a 
 rallying point — a plan of action. Why shall A 
 adopt the plan of B, rather than B that of A.? 
 And if A and B should agree, how can they 
 know but that the General Government here 
 will reject their plan? By the proclamation a 
 plan is presented which may be accepted by 
 them as a rallying point, and which they are 
 assured in advance will not be rejected here. 
 This may bring them to act sooner than they 
 otherwise would. 
 
 'J'he objection to a premature presentation of 
 a plan by the national Executive consists in the 
 dangci of committals on points which could be 
 more safely left to further developments. Care 
 has been taken to so shape the document as to 
 avoid embarrassments fi'om this source. Say- 
 ing that, on certain terms, certain classes will 
 be pardoned, with rights restored, it is not said 
 that other classes, or other terms, will never be 
 included. Saying that reconstruction will be 
 accepted if presented in a specified way, it is 
 not said it will never be accepted in any other 
 way. 
 
 The movements, by State action, for emanci- 
 pation in several of the States, not included in 
 the emancipation proclamation, are matters of 
 profound gratulation. And while I do not re- 
 peat in detail what I have heretofore so earn- 
 estly urged upon this subject, my general views 
 and feelings remain unchanged ; and I trust 
 that Congress will omit no fair opportunity of 
 aiding these important steps to a great consum- 
 mation. 
 
 In the midst of other cares, however import- 
 ant, we must not lose sight of the fact that the 
 war power is still our main reliance. To that 
 power alone we can look, yet for a time, to give 
 confidence to the people in the contested re- 
 gions, that the insurgent power will not again 
 overrun them. Until that confidence shall be 
 established, little can be done anywhere for 
 what is called reconstruction. Hence our chief- 
 est care must still be directed to the army and 
 navy, who have thus far borne their harder 
 part so nobly and well. And it may be esteemed 
 fortunate that in giving the greatest efficiency 
 to these indispensable arms, we do also honor- 
 ably recognize the gallant men, from command- 
 er to sentinel, who compose them, and to whom, 
 more than to others, the world must stand in- 
 debted for the home of freedom disenthralled, 
 regenerated, enlarged, and perpetuated. 
 
 ABRAHAM LINCOLN. 
 
 December 8, 1863. 
 
 PROCLAMATION OF AMNESTY. 
 Wliereas, in and by the Constitution of the United States, 
 it is provided that the President "shall have power to grant 
 reprieves and pardons for offenses 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 per- 
 sons have committed and are now guilty of treason against 
 the United States; and whereas, with reference to said rebel- 
 lion and treason, laws have been enacted by Congress de- 
 claring forfeitures and confiscation of property and liberation 
 of slaves, all upon terms and conditions therein stated, .and 
 aJao declaring that the President waa thereby authorized at 
 
 any time thereafter, Iiy prorlaniat 
 who may havi' |i:ii i i^ ;|i ii ^i hi t Ir- 
 State or part tli , i i ' n , i I 
 
 tions and at i-u< ': i ' i ; . I i 
 deem expodinni ( i , ; ' 
 
 gi-ossional detl;;: i - i : ' i I , 
 
 cords with veil > , 'i I ' ,, 
 
 :tond to persons 
 
 I ' i"l!ion, in any 
 
 ' ii li such excep- 
 
 ■ MS as he may 
 
 tions, with provibions in regard to tho liberation of slaves; 
 and whereas it is now desired by some persons heretofore 
 engaged in said rebelhon to resume their allegiance to the 
 Umtcd States, and to reinaugurate loyal State governmenta 
 within and for their respective States: 
 
 Therefore, I, Abraham Lincoln, President of the United 
 States, do proclaijii. dccl.ivo, and make known to all persons 
 who have din. i'\ . . r I . ii i; I; i!' n. jiarticipated in the ex- 
 isting rebelli"ii. ■ M I; 1 ; 1 r excepted, that a full 
 pardon is hen i > . ; i i ■ i: : i ml each of them, with 
 restoration of :ill i . Iii ' i |i ii i : . . > xcept as to slaves, and 
 in property cases wliere i-i;,:Ii(s uf third parties shall have in- 
 tervened, and upon the condition that every such person 
 sliall take and subscribe an oath, and thenceforward keep 
 and maintain said oath inviolate; and wliich oath shall be 
 registered for permanent preservation, and shall be of tho 
 tenor and effect following, to wit : 
 
 " I, , do solemnly swear, in presence of Al- 
 mighty God, that I will henceforth faithfully support, pro- 
 tect, 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 lidthfully support 
 all proclamations of the President made during the existing 
 rebellion having reference to slaves, so long and so tar 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 diplo- 
 matic officers or agents of the so-called Confederate Govern- 
 ment; all who have left judicial stations under the United 
 States to aid the rebellion; all who are, or shall have been, 
 military or naval oflicers of said so-called Confederate Gov- 
 ernment above the rank of colonel in the Army, or of lieu- 
 tenant 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 tho 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, Louisi- 
 ana, Mississippi, Tennessee, Alabama, Georgia, Virginia, 
 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 one thousand eight hundi-ed and sixty, 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 govern- 
 ment which shall be republican, and in nowise contravening 
 said oath, such shall bo 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 tins 
 Union a republican form of government, and shall protect 
 each of them against invasion; and, on application of the 
 Legislature, or tho Executive, (when the Legislature can- 
 not be convened,) against domestic violence." 
 
 And I do further proclaim, declare, and make known 
 that any provision which may bo adopted by such State 
 government in relation to the freed people of such State, 
 which shall recognize and declare tlieir permanent free- 
 dom, provide for their education, and which may yet be 
 consistent, as a temporary arrangement, with their present 
 condition as a laboring, landle.-s, and homeless class, will 
 not be objected to by the national E?cecutive. 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 gen- 
 eral code of laws, as before the" rebellion, be maintained, 
 subject only to the modifications made necessary by tho 
 conditions hereinbefore stated, and such others, if any, 
 not contravening said conditions, and which may be 
 deemed expedient by those framing tho new State govern- 
 ment. 
 
 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 governmenta 
 
148 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 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 bo ad- 
 mitted to seats constitutionally, rests exclusively with the 
 respective Houses, and not to any extent with the Execu- 
 tive. And still furthei> 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 
 and loyal State governments may be re-established within 
 said States, or in any of them ; and, wliile the mode pre- 
 Bented is the best the Executive can suggest, with his pres- 
 ent impressions, it must not bo understood that no other 
 possible mode would be acceptable. 
 
 Given under my hand, at the City of Washington, the 
 eighth day of December, A. D. one thousand eight hun- 
 dred and sixty-three, and of the independence of the 
 United States of America the eighty-eighth. 
 
 ABRAHAM LINCOLN. 
 By the President : 
 
 William H. Sewabd, Secretary of State. 
 
 AMNESTY DEFINED. 
 
 By the President of the United States — A Proclamation. 
 
 Whereas it has become necessary to define the cases in 
 which insurgent enemies are entitled to the benefits of the 
 Proclamation of the President of the United States, which 
 was made on the 8th day of December, 1863, and the manner 
 in which they shall proceed to avail themselves of those ben- 
 efits : and whereas the objects of that proclamation were to 
 suppress the insurrection, and to restore the authority of the 
 United States : and whereas the amnesty therein provided 
 by the President was offered with reference to these objects 
 a^one: 
 
 Now, therefore, I, Abraham LnfCOLV, President of the 
 United States, do hereby proclaim and declare that the said 
 proclamation does not apply to the cases of persons who, at 
 the time when they seek to obtain the benefits thereof by 
 taking the oath thereby prescribed, are in miUtary, naval, or 
 civil confinement or custody, or under bonds or on parole of 
 the civil, niiUtary, or naval authorities, or agents of the United 
 States a^ prisoners of war, or persons detained for offences 
 of any Idnd, either before or after conviction ; and that, on 
 the contrary, it does apply only to persons who, being yet 
 at large and free from any aiTest, confinement, or duress, 
 shall voluntarily come forward and take the said oath with 
 the purpose of restoring peace and establishing the national 
 authority. 
 
 Prisoners excluded from the amnesty offered in the said 
 proclamation may apply to the President for clemency, like 
 all other offenders, and their application will receive due 
 consideration. 
 
 I do fiu-ther declare and proclaim that the oath prescribed 
 in the aforesaid proclamation of the 8th of December, 1SG3, 
 may be taken and subscribed to before any commissioned 
 officer, civil, military, or naval, in the service of the United 
 States, or any civil or miUtary otticer of a State or Territory, 
 not in insurrection, who by the law thereof may be quali- 
 fied lor administering oaths. 
 
 All officers who receive such oaths are hereby authorized 
 to give certificates thereon to the persons respectively by 
 whom they are made. And such officers are hereby required 
 to transmit the original records of such oatlis at as early a 
 day as may be convenient to the Department of State, where 
 they wUl be deposited and remain in the archives of the 
 Government. 
 
 The Secretary of State will keep a register thereof, and 
 will, on application in proper cases, issue certificates of such 
 records in the customary form of such certificates. 
 
 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, the 26th day of March, in 
 the year of our Lord one thousand eight hundred and sixty- 
 four, and of the independence of the United States the eighty- 
 eighth. ABRAHAM LINCOLN. 
 
 By the President : 
 WrujAM H. Seward, Secretary of State. 
 
 CIKCULAR OP THE ATTORNEY GENERAL. 
 
 Washington,' /eiri^ary 19, 18G4 — The follow- 
 ing importaut circular letter has been ad- 
 dressed to United States District Attorneys: 
 
 Sm: Many persons, against whom criminal indictments, 
 or against whoso property proceedings under the confisca- 
 tion laws are pending in the courts of the United States, 
 growing out of the participation of such persons in the ex- 
 isting rebellion, have, in good faith, taken the oath pre- 
 scribed by the proclamation of the President of 8th Decem- 
 ber, 1863, and have therefore entitled themselves to the full 
 pardon and restoration of all rights of property, except as 
 
 to slaves and where rights of third parties have intervened, 
 which that proclamation offers and secures. 
 
 The President's pardon of a person guilty of acta of rebel- 
 lion will of course relieve that person from the penalties 
 incurred by his crime, and, where an indictment is pending 
 against liim therefor, the production of the pardon signed 
 by the President, or of satisfactory evidence that he has 
 complied with the conditions on which the pardon is offered, 
 (if he be not of the class excepted from the benefits of the 
 proclamation.) will be a sufficient reason for discontinuing 
 such criminal proceedings, and discharging him from cus- 
 tody therein. 
 
 Nor is it less doubtful that a bonafde acceptance of the 
 terms of the President's Proclamation, by persons guilty of 
 acts of rebellion, and not of the excepted class, will secure 
 to such persona a restoration of all the rights of property, 
 except as to slaves and where the rights of third parties 
 shall have intervened, notwithstanding such property may, 
 by reason of those 'acts of rebellion, have been subject to 
 confiscation under the provisions of the Confiscation act of 
 of 6th August, 1861, chap. 60, and 17th July, 1862, chap. 
 105. For, without adverting to any other source of power 
 in the President to restore or protect their rights of prop- 
 erty, the 13th section of the act of 17th of July, 1802, au- 
 thorizes the President at any time thereafter, by proclama- 
 tion, to extend to persons who may have participated in the 
 existing rebellion in any State or part thereof, pardon and 
 amnesty, with such exceptions, and at such time and on 
 such conditions, as he may deem expedient for the public 
 welfare. It will hardly be questioned, I suppose, that the 
 purpose of this section, inserted in a hiw mainly intended 
 to reach the property of persona engaged in rebellion, was 
 to vest the President with power to relieve such persons, on 
 such conditions as he should prescribe, from the penalty of 
 loss of their property by confiscation. Although the pro- 
 ceeding* for confiscation under the acts of Aug. 6, 1861, and 
 July 17, 1862, are in rem, against the property seized, yet, 
 under both acts, the ground of condemnation is the per- 
 sonal guilt of the owner in aiding the rebellion. By the 
 pardon and amnesty, not only is the punishment of that 
 personal guilt remitted, but the offence itself is effaced, 
 that being the special effect of an act of amnesty by the 
 Government. Of course it arrests and puts an end to all 
 penal proceedings founded thereon, whether they touch 
 the persons or the property of the offender. 
 
 There is, therefore, no case of judicial proceedings to en- 
 force the penalties of acts of rebellion which cannot be 
 reached and cured by the constitutional or statutory power 
 of the President to grant pardon and amnesty, whether 
 those proceedings be against the person of the olfender by 
 criminal indictment or against his property under the con- 
 fiscation acts referred to. 
 
 The President has accordingly directed me to instruct you 
 that, in any case where proceedings have been commenced 
 and are pending and undetermiaed in the District or Ciicuit 
 Com-t of the United States for your district against a person 
 charged with acts of rebellion, and not of the excepted class, 
 whether they be by indictment or by seizm-e and libel of his 
 property for confiscation, (the rights of other parties not 
 having intervened,) you will discontinue and put an end to 
 those proceedings, whenever the person so charged shall 
 produce evidence satisfactory to you that he has, in good 
 fiiith, taken the oath and complied with the conditions pre- 
 scribed by the President's proclamation of the 8th December, 
 1S63. Nor is it necessary that the evidence wiiich he pro- 
 duces should be a deed of pardon signed by the President. 
 
 It would be quite impossible for the President to furnish 
 the multitudes who are now availing themselves of the bene- 
 fits of the Proclamation, and who ai-e likely to do so here- 
 after, with his formal evidence of pardon. It will be suffi- 
 cient to justify your action if the party seeking to be relieved 
 from further proceedings shall prove to yom- lull satisfaction 
 that he has, in good taith, taken the oath and brought him- 
 self within the conditions of pardon and amnesty set forth 
 in the Proclamation. 
 
 If, in any case, you have good reason to believe that the 
 oath has been taken for the mere pm-pose of obtaining the 
 possession of personal property seized under the Confisca- 
 t ion acts, \vith intent to remove it from the subsequent reach 
 of the officers of the law, you will make report of the facts 
 and reasons for your beUof to tliis oflice before discontinuing 
 the proceedings or restoring such property to the possession 
 of tlie owner. Forfeitures under the fifth section of the act 
 of 13th July, 1861, chapter 3, sure not of the class reached 
 by the President's Proclamation, for, under that act, the 
 question whether the property seized ia subject to forfeiture 
 depc^nds upon the predicament of the property itself, and 
 not upon the general guilt or innocence of its owner. In 
 tliis respect, forfeitures under tiiat act have more resem- 
 blance to cases of prize of wJlr, captured at sea as enemy's 
 property than to proceedings imder the acta of August, 1801, 
 and Juiy, 1862. Such forfeitures are enforced not so much 
 to punish the owner for disloyal acts as to proliibit com- 
 mercial intercourse, and to weaken the public enemy, which 
 
ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 149 
 
 are always efficient instmments and legitimate effects of 
 public wiir. 
 
 But although the remission of forfeitiu-es under the act of 
 July, 1S61, are thus not ■nithin the scope of the Proclamation 
 of pardon, etui ample power is conferred on the Secretary of 
 the Treasury by the eighth section of that act to mitigate or 
 remit all forfeitures and penalties incurred imder the act. 
 And it is not to be doubted that in all proper cases under 
 that act, where the owner of the property, residing iu the 
 territory in rebellion, complies with the conditions of the 
 Proclaination, the Secretary of the Treasury will exer- 
 cise the power of remission of such forfeitures in the same 
 spirit of generous forbearance and Liberality which inspired 
 and chaiacterizes the Proclamation. 
 
 Very respectfully, &c., TITIAN J. COFFEY, 
 
 Acting Attorney General. 
 
 To , United States District Attorney at . 
 
 Other Proclamations of the Presi- 
 dent. 
 
 THE BLOCKADE. 
 
 Whereas an insurrection against the Government of the 
 United States has broken out in the States of South Caro- 
 lina, Georgia, Alabama, Florida, Mississippi, Louisiana, and 
 Texas, and the laws of the United States for the collection 
 of the revenue cannot be effectually executed therein con- 
 formably to that provision of the Constitution which re- 
 quires 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 lawftdly 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, caiUng out a militia force 
 for the purpose of repressing the same, and convening Con- 
 gress in extraordinary session to deliberate and determine 
 thereon : 
 
 Now, therefore, I, Abraham Li>xoln, President of the 
 United States, with a view to the same purposes before men- 
 tioned, and to the protection of the public peace, and the 
 lives and property of quiet and orderly citizens pursuing 
 their lawful occupations, imtil Congress shall have assem- 
 bled and deliberated on the said unlawful proceedings, or 
 until the same shall have ceased, have further deemed it 
 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 law of nations in such case provided. 
 For tliis purpose a competent force will be posted so as to 
 prevent entrance and exit of vessels from the ports afore- 
 said. If, therefore, with a view to violate such blockade, a 
 vessel shall approach, or shall attempt to leave cither of the 
 said ports, she will be duly warned by the commander of 
 one of the blockading vessels, who will indorse on her re- 
 gister the foct 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 conveni- 
 ent 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, un- 
 der the pretended authority of the 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 bo held 
 amenable to the laws of the United States for the prevention 
 and punishment of piracy. ABRAHAM LINCOLN. 
 
 By the President : 
 William II. Seward, Secretary of State. 
 "Washington, April 19, 1S61. 
 
 OF VIRGINIA AND NORTH CAROLINA. 
 
 On the 27th of April, the following additional 
 proclamation, extending the blockade, was is- 
 sued: 
 
 Whereas, for the reasons assigned in my proclamation of 
 the 19th instant, a blockade of the ports of the States of 
 South Carolina, Georgia, Florida, Alabama, Louisiana, Missis- 
 sippi, and Texas, was ordered to be established: and whereas, 
 since that date, public property of the United States has been 
 Beized, the collection of the revenue obstructed, and duly 
 commissioned ofiRcers of the United States, while engaged in 
 executing tho orders of tlieir superiors, have been arrested 
 and held in custody as prisoners, or have been impeded in 
 the discharge of their official duties, without due legal pro- 
 cess, by persons claiming to act under authority of the States 
 of Virginia and North Carolina : An efficient blockade of the 
 ports of those States will also be established. 
 
 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 2rth day of April, in 
 the year of our Lord ISGl. and of the independence of tho 
 United States the eighty-fifth. 
 
 ABRAHAM LINCOLN. 
 By the President : , 
 
 William H. Seward, Secretary of State. 
 
 1562, May 12— The President issued a proclamation 
 opening the ports of Beaufort, Port Royal, and New Oiieans. 
 
 1563, September 24 — The President issued a proclama- 
 tion opening the port of Alexandria, Virginia. 
 
 1864, February IS— The President issued a proclamation 
 opening the port of Brownsville, Texas. 
 
 18&4, November 19— Norfolk, Fernandina, and Pcnsacola 
 opened after December 1. 
 
 COMMERCIAL INTERCOURSE WITH THE REBELLIOUS 
 STATES PROHIBITED. 
 
 Whereas, on the 15th day of April, 1S61, the President of 
 the United States, in view of an insurrection against the laws, 
 Constitution, and Government of the United States, which 
 had broken out within the States of South Carolina, Georgia, 
 Alabama, Florida, Mississippi, Louisiana, and Texas, and in 
 pursuance of the provisions of the act entitled "An act to 
 provide for calling forth the militia to execute the laws of 
 the Union, suppress insurrections, and repel invasions, and 
 to repeal the act now in force for that purpose," approved 
 February 28, 1795, did call forth the militia to suppress said 
 insurrection and to cause the laws of the Union to be duly 
 executed, and the insurgents have failed to disperse by tho 
 time directed by the President ; and whereas such insurrec- 
 tion has since broken out and yet exists vvithin tho States of 
 Virginia, North Carolina, Tennessee, and Arkansas; and 
 whereas the insurgents in all the said States claim to act 
 under the authority thereof, and such claim is not disclaimed 
 or repudiated by the persons exercising tho functions of gov- 
 ernment in such State or States, or in the part or parts 
 thereof, in which such combinations exist, nor has such 
 insurrection been suppressed by said States : 
 
 Now, therefore, I, Abr.uiam Lincoln, President of tho 
 United States, in pursuance of the act of Congress approved 
 July 13, 1861, do hereby declare that the inhabitants of the 
 said States of Georgia, South Carolina, Virginia, North Car» 
 lina, Tennessee, Alabama, Louisiana, Texas, Arkansas, Jlis- 
 sissippi,and Florida, (except the inhabitants of that part of 
 the State of Virginia lying west of the Alleghany Moun- 
 tains, and of such other parts of that State and the other 
 States hereinbefore named as may maint;un a loyal adhe- 
 sion to the Union and the Constitution, or may be from 
 time to time occupied and controlled by the forces of the 
 United States engaged in the dispersion of said insurgents) 
 are in a state of insurrection against the United States, and 
 that all commercial intercourse between the same and tho 
 inhabitants thereof, with the exceptions aforesaid, and tho 
 citizens of other States and other parts of the United States, 
 is unlawful and will remain unlawful until such insurrec- 
 tion shall cease or has been suppressed ; that all goods and 
 chattels, wares and merchandise, coming from any of said 
 States, with the exceptions aforesaid, into other parts of tho 
 United States, without the special license and permission of 
 the President, through the Secretary of the Treasury, or pro- 
 ceeding to any of said States, with the exceptions aforesaid, 
 by land or water, together with the vessel or vehicle con- 
 veying the same or conveying persons to or from the said 
 States, with said exceptions, vvill be forfeited to the United 
 States ; and that, from and after fifteen days from the issu- 
 ing of this proclamation, all ships and vessels belonging, in 
 whole or in part, to any citizen or inhabitant of any of 
 said States, with said exceptions, foimd at sea or in any 
 port of the United States, will be forfeited to tho United 
 States; and I hereby enjoin upon all district attorneys, 
 marshals, and officers of the revenue and of the miUtary and 
 naval forces of the United States, to be vigilant in the exe- 
 cution of said act, and in the enforcement of the penal- 
 ties and forfeitures imposed or declared by it ; leaving any 
 party who may tliink himself aggrieved thereby to his ap- 
 plication to the Secretary of the Treasury for the remission 
 of any penalty or forfeiture, which tho said Secretary is 
 authorized by law to grant, if, in his judgment, the special 
 circumstances of any case shall require such remission. 
 
 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 sixteenth day of Au- 
 gust, in the year of our Lord one thousand eight hundred 
 and sixty-one, and of the independfnco of the United States 
 of America the eighty-sixth. ABRAHAM LINCOLN. 
 
 By the President : 
 
 WiLUAM H. Seward, Secretary of State. 
 
 18G3, April 2— The President issued a proc- 
 
150 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 lamati'on modifying the above, and reciting his 
 reasons therefor : 
 
 And whereas experience has shown that the exceptions 
 made in and by said proclamation embarrass the due en- 
 forcement of said act ol»July 13, ISGl, and the proper regu- 
 lation of the commercial intercourse authorized by said act 
 with the loyal citizens of said States: 
 
 Now, therefore, I, Abraham Lincoln, President of the 
 tTnited States, do hereby revoke the said exceptions, and 
 declare tlKit the inhabitants of the States of Georgia, South 
 Carolina, North Carolina, Tennessee, Alabama, Louisiana, 
 Texas, Arkansas, Mississippi, Florida, and Virginia, (except 
 the forty-eight counties of Virginia designated as West Vir- 
 ginia, and except, also, the ports of New Orleans, Key West, 
 Port Koyal, and Beaufort, in North Carolina,) are in a state 
 of insurrection against the United States, and that all com- 
 mercial intercourse, not licensed and conducted as provided 
 in said act, between tho said States and the inhabitants 
 thereof, with the exceptions aforesaid, and the citizens of 
 other States and other parts of the United States, is unlaw- 
 ful, and will remain unlawful until such insurrection shall 
 cease or has been suppressed, and notice thereof has been 
 duly given by proclamation; and all cotton, tobacco, and 
 other products, and all other goods and chattels, wares, and 
 merchandise coming from any of said States, with the ex- 
 ceptions aforesaid, into other parts of the United States, or 
 proceeding to any of said States, with the exceptions afore- 
 said, without the license and permission of the President, 
 through the Secretary of the Treasury, will, together with 
 the vessel or vehicle conveying the same, be forfeited to the 
 United States. 
 
 DECLARING BOUNDAKIES OP THE INSURRECTION. 
 
 Whereas, in and by the second section of an act of Con- 
 gress passed on tho 7th day of June, A. D. 1862, entitled 
 " An act for the collection of direct taxes in insurrectionary 
 districts Avithin tho United States, and for other purposes," 
 it is made the duty of the President to declare, on or before 
 the 1st day of July then next following, by his proclamation, 
 in what States and parts of States insurrection exists : 
 
 Now, therefore, be it known that I, Abraham Lincoln, 
 President of the United States of America, do hereby declare 
 and proclaim that the States of South Carolina, Florida, 
 Georgia, Alabama, Louisiana, Texas, Mississippi, Arkansas, 
 Tennessee, North CaroUna, and tho State of Virginia, except 
 the following counties : Hancock, Brooke, Ohio, Marshall, 
 Wetzel, Slarion, Monongalia, Preston, Taylor, Pleasants, 
 Tyler, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, 
 Koane, Calhoun, Gilmer, Barbour, Tucker, Lewis, Braxton, 
 Upshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicho- 
 las, Cabell, Wayne, Boone, Logan, Wyoming, Webster, Fay- 
 ette, and Raleigh, are now in insurrection and rebellion, and 
 by reason thereof tho civil authority of the United States is 
 obstructed so that the provisions of the " Act to provide in- 
 creased revenue from imports, to pay the interest on tho 
 public debt, and for other purposes," approved August 5, 
 1861, cannot be peaceably executed, and that tho taxes le- 
 gally chargeable upon real estate under the act last afore- 
 said, lying within the States and parts of States as aforesaid, 
 together with a penalty of fifty per centum of said taxes, 
 shall be a lien upon the tracts or lots of the same, severally 
 charged, till paid. 
 
 In witness whereof, I have hereunto set my hand, and 
 caused tiie seal of the United States to bo affixed. 
 
 Done at the city of Washington, this 1st day of .July, in the 
 year of our Lord one thousand eight hundred and sixty-two, 
 and of the independence of the United States of America the 
 eighty-sixth. ABRAHAM LINCOLN. 
 
 By the President : 
 
 F. W. Sewaud, Acting Secretary of State. 
 
 PEOCEEDINGS OF CONGEESS. 
 
 ACTS OF THE PRESIDENT APPROVED — FIRST 
 SESSION, THIRTY-SEVENTH CONGRESS. 
 
 18G1, August 5— Congress passed a bill, the 
 third section of which was as follows : 
 
 That all the acts, proclamations, and orders of the Presi- 
 dent of the United States affer the 4th of March, 1861, 
 respecting the army and navy of the United States, and 
 calling out or relating to the militia or volunteers from 
 the States, are hereby approved and in all respects legal- 
 ized and made valid, to tho same intent and with tho same 
 effect, nsif they had been issued and done under the pre- 
 vious express authority and direction of the Congress ot the 
 United States. 
 
 In Senate, the bill passed — yeas 33, nays 5, 
 as follows : 
 Yeas— Messrs. Anthony, Baker, Browning, CarliU, 
 
 Chandler, Collamer, Cowan, Dixon, Doolittle, Fessenden, 
 Foot, Foster, Grimes, Ilnle, Ilnrlan, Harris, Howe, John- 
 son of Teniipsst e, King, l^ne ( f Indiana, Lane of Kansas, 
 Latham, McDourjall, Morrill, Rice, Sherman, Simmons, 
 Sumner, Ten Kyck, Trumbull, Wade, Wilkinson, Wilson— 
 33. 
 
 Nats— Messrs. Brecldnridge, Kennedy, Polk, Powell, 
 Saulsbury — 5. 
 
 In House, the motion to strike from the bill 
 the ratifying section, was lost — yeas 19, nays 
 74 ; as follows ; 
 
 Yeas— Messrs. Allen, Ancona, George H. Browne, Cal- 
 vert, Cox, Crisfield, Jackson, Johnson, May, Noble, Pendleton, 
 James S. Rollins, Sfiiel, Smith, Vallandigham, Voorhees, 
 Wadsworth, Ward, Webster— 19. 
 
 Nats — Messrs. Aldrich, Alloy, Arnold, Ashley, Gold- 
 smith F. Bailey, Baxter, Beaman, Francis P.Blair, Samuel 
 S. Blair, Blake, Buffinton, Cohh, Colfax, Frederick A. 
 Conkling, Conway, Covode, Divcn, Ducll, Dunn, lOdwards. 
 Eliot, Fenton, Fessenden, Frank, Goodwin, Granger, Gur- 
 ley, Haight,Hale, Ilanchett, Harrison, Horton, Hntchins, 
 Julian, Kelley, Francis W. Kellogg, William Kellog?, Lan- 
 sing, Leary, Loomis, Lovejoy, McKoan, McKnight, Mc- 
 Pherson, Mitchell, Moorhead, Anson P. Morrill, Justin S. 
 Morrill, Olin, Pike, Porter, Alexander H. Rice, John H. 
 Rice, Riddle, Edward II. Rollins, Sedgwick, Shanks, 
 Sheffield, Shellabarger, Sherman, Stevens, Benjamin F. 
 Thomas, Francis Thomas, Train, Trowbridge, Van Horn, 
 Verree, Wail, Charles W. Walton, E. P. Walton, Albert S. 
 White, Wiudom, Worcester — 71. 
 
 The bill then passed without a division. 
 
 African Slave Trade. 
 
 1862, April 7 — A treaty was made between 
 William H. Seward and Lord Lyons for the 
 suppression of the African Slave Trade, which 
 was ratified by the Senate, and announced by 
 proclamation of the President, June 7, 18G2, 
 Article 1 of which is as follows: 
 
 The two high contracting parties mutually consent that 
 those ships of their respective navies which shall be pro- 
 vided with special instructions for that purpose, as herein- 
 after mentioned, may visit such merchant vessels of the 
 two nations as may, upon reasonable grounds, bo suspected 
 of being engaged in tlie African slave trade, or of having 
 been fitted out for that purpose ; or of having, during tho 
 voyage on which they are met by the said cruisers, been 
 engaged in the African slave trade, contrary to the provi- 
 sion of this treaty; and that such cruisers may detain, and 
 send or carry away, such vessels, in order that they may 
 bo brought to trial in the manner hereinafter agreed upon. 
 
 In order to fix the reciprocal right of search in such a 
 manner as shall be adapted to theattainment of the object 
 of this treaty, and at the same time avoid doubts, disputes, 
 and complaints, tho said rightof search shall be understood 
 in the manner and according to tho rules following : 
 
 First. It shall never be exercised except by vessels of 
 war, authorized expressly for that object, according to the 
 stipulations of this treaty. 
 
 Secondly. The right of search shall in no case be exercised 
 with respect to a vessel of tho navy of cither of the two 
 Powers, but shall be exercised only as regards merchant 
 vessels ; and it shall not be exercised by a vessel of war of 
 either contracting party within tho limits of a settlement 
 or port, nor within the territorial waters of the other 
 party. 
 
 Thirdly. Whenever a merchant vessel is searched by a 
 ship of war, the commander of tho said ship shall, in tho 
 act of so doing, exhibit to the commander of the merchant 
 vessel the special instructions by which ho is duly author- 
 ized to search ; and shall deliver to such commander a cer- 
 tificate, signed by himself, stating his rank in tho naval 
 service of his country, and tho name of the vessel ho com- 
 mands, and also declaring that the only object of the search 
 is to ascertain whether tho vessel is employed in tho Afri- 
 can slave trade, or is fitted up for the said trade. When 
 the search is made by an officer of tho cruiser who is not 
 the commander, such officer shall exhibit to tho captain of 
 the merchant vessel a copy of tho before-mentioned special 
 instructions, signed by the commander of the cruiser; and 
 ho shall in like manner deliver a certilicato signed by him- 
 self, stating his rank in the navy, tho name of the com- 
 mander by whose orders ho proceeds to make the search, 
 that of the cruiser in which ho sails, and tho object of tho 
 search, as above described. If it appears from tho search 
 tiiat the papers of the vessel are in regular order, and that 
 it is employed on lawful objects, the oflicer shall enter in 
 tho log-book of tho vessel that the search has been made in 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 151 
 
 pursuance of the aforesaid special instructions; and the 
 vessel shiill be left at liberty to pursue its voyage. The 
 rank of the officer who makes the search must not be less 
 than that of lieutenant in the navy, unless the commanii, 
 either by reason of death or other cause, is at the time held 
 by an officer of inferior rank. 
 
 Iburthl;/. The reciprocal right of search and detention 
 ehall be exercised only within the distance of two Imndied 
 miles from the coast of Africa, and to the southward of the 
 thirty-second parallel of north latitude, and within thirty 
 leagues from the coast of tho Island of Cuba. 
 
 18G2, June 26 — In Seriate, the bill to carry 
 into effect this treaty, by providing for the offi- 
 cials, &c., passed — yeas 34, nays 4, (Messrs. 
 Carlile, Kennedy, Powell, Saulsburij.) 
 
 July 7 — The bill passed the House without a 
 division. 
 
 1863, February IT — The treaty was modified 
 by the addition of an article authorizing ihe 
 exercise of the reciprocal right of visit and 
 de:cntion within thirty leagues of the island of 
 Madagascar, within thirty leagues of the island 
 of Puerto Rico, and within thirty leagues of the 
 island of San Domingo. 
 
 THE " CONFEDERATE " RECORD. 
 
 Soon after the adoption of their Constitution 
 in 1861, the rebel Congress passed a bill in re- 
 lation to the slave trade, which Jefferson Da- 
 vis returned, with his objections, as follows: 
 EsECUTiYE Department, 
 
 February 28, 1861. 
 
 Gentlemen of Congress : With sincere deference to the 
 judgment of Congress, I have carefully considered the bill 
 in relation to the slave trade, and to punish persons oifend- 
 ing therein, but have not been able to approve it, and, 
 therefore, do return it ^vith a statement of my objections. 
 
 The Constitution — section seven, article one — provides 
 that the importation of African negroes from any foreign 
 country other than slaveholding States of the United States 
 is hereby forbidden, and Congress is required to pass such 
 laws as shall effectually prevent the same. The rule herein 
 given is emphatic, and distinctly directs the legislation 
 which shall effectually prevent the importation of African 
 negi'oes. The bill before me denounces as liigh misdemeanor 
 the importation of African negroes, or other persons of 
 color, either to be sold as slaves or to be held to service or 
 labor, affixing heavy, degrading penalties on the act if done 
 with such intent. To that extent it accords with the re- 
 quirements of the Constitution, but In tho sixth section of 
 the bill pro\ision is made for the transfer of persons who 
 may have been illegally imported into the Confederate 
 States to the custody of foreign States or societies, upon 
 condition of deportation and future freedom, and, if the 
 proposition thus to surrender them shall not be accepted, 
 it is then made the duty of the President to cause said ne- 
 groes to be sold at public outcry to the highest bidder in 
 any one of the States where such sale shall not be incon- 
 sistent with the laws thereof. This pi'ovision seems to me 
 to be in opposition to tho policy declared in the Constitu- 
 tion — the prohibition of the importation of African negroes 
 — and in derogation of its mandate to legislate for the effec- 
 tuation of that object. Wherefore the bill is returned to 
 y6n for your further consideration, and, together w^ith the 
 objections, most respectfully submitted. 
 
 Jefferson Davis. 
 This veto was sustained by the following vote 
 — the question being, "Shall the bill pass not- 
 withstanding the President's objections?" 
 
 Yeas — Messrs. Cun-y and Chilton, of Alabama; Morton 
 and Owens, of Florida; Toombs, II. Cobb, T. R. R. Cobb, 
 Bartow, Nisbet, and Kenan, of Georgia; Rhett, Barnwell, 
 Keitt, and Miles, of South Carolina; Ochiltree,of Texas— 15. 
 
 Nats — Messrs. Smith, Hale, Shorter, and Fearn of Alaba- 
 ma; Wright and Stephens, of Georgia; DeClouet, Conrad, 
 Keimer, Sparrow, and Marshall, of Louisiana; Harris, 
 Brooke, Wilson, Clay ton, Barry, and Harrison, of Mississippi ; 
 Chesriut, Withers, and Boyce, of South Carolina; Keagan, 
 Waul, Gregg, and Oldham, of Texas— 24. 
 
 INTERCEPTED "CONFEDERATE" DESPATCH UPON 
 THE AFRICAN SLAVE TRADE. 
 
 As showing the temper of the " Confederate" 
 Government upon the revival of the African 
 
 slave trade, it is instructive to read the letter 
 of J. P. Benjamin, Secretary of State of the 
 " Confederate" Government, to L. Q. C. Lamar, 
 " Confederate" Commissioner at St. Petersburg, 
 which was intercepted afid transmitted from 
 St. Petersburg, March 3, 1863, by Bayard Tay- 
 lor, ChargtS d' Affaires : 
 
 Confederate States of America, 
 Department of State, Richmond, January 15, 18G3. 
 
 Sir : It has been suggested to this Government, from a 
 source of uniiucstioned authenticity, that after tho recogni- 
 tion of our independence by the European Powers, an ex- 
 pectation is generally entertained by them, that in our 
 treaties of amity and commerce a clause will be introduced 
 making stipulations against the African slave ti-ado. It is 
 even thought that neutral Powers may be inclined to insist 
 upon the insertion of such a clause as a sine qua non. 
 
 You are well aware how firmly fixed in our constitution 
 is the policy of this Confederacy against the opening of that 
 trade; but we are informed that false and insidious sugges- 
 tions have been made by the agents of tho United States at 
 European courts of an intention to change our constitution 
 as soon as peace is restored, and of authorizing the import- 
 ation of slaves from Africa. If, therefore, you should find 
 in your intercourse with the Cabinet to which you are ac- 
 credited that any such impressions are entertained, you will 
 use every proper effort to remove them ; and if an attempt 
 is made to introduce into any treaty which you may be 
 charged with negotiating stipulations on the subject just 
 mentioned, you will assume in behalf of your Government 
 tho position which, under the direction of the President, I 
 now proceed to develop. 
 
 The constitution of the Confederate States is an agreement 
 made between independent States. By its terms all tho 
 powers of government are separated into classes as follows, 
 viz: 
 
 1. Such powers as the States delegate to the General Gov- 
 ernment. • 
 
 2. Such powers as the States agree to refrain from exer- 
 cising, although they do not delegate them to the General 
 Government. 
 
 3. Such powers as the States, without delegating them to 
 the General Government, thought proper to exercise, by di- 
 rect agreement between themselves contained in the con- 
 stitution. 
 
 4. All remaining powers of sovereignty which, not being 
 delegated to the Confederate States by the constitution, nor 
 proliibited by it to the States, are reserved to the States, 
 respectively, or to the people thereof. 
 
 On the formation of the constitution, the States thought 
 proper to prevent all possible future discussions on the sub- 
 ject of slavery, by the direct exercise of then- own power, 
 and delegated no authority to the Confederate Government! 
 save immaterial exceptions, presently to be noticed. 
 
 Especially in relation to the importation of African ne- 
 groes was it deemed important by the St.ates that no power 
 to permit it should exist in the Confeflerate Government. 
 The States, by the Constitution, (which is a treaty between 
 themselves of the most solemn character that States can 
 make,) unanimously stipulated "that the importation of 
 negroes of the African race, from any foreign country other 
 than the slaveholding States or Territories of the United 
 States of America, is hereby forbidden ; and Congress is re- 
 quired to pass such laws as shall effectually prevent the 
 same." (Art. 1, sec. 9, par. 1.) 
 
 It will thus bo seen that no power is delegated to the 
 Confederate Government over this subject, but iliat it is in- 
 cluded in the third class above referred to, of power exer- 
 cised directly by the States. 
 
 It is true that the duty is imposed on Congress to pass 
 laws to render effectiuil the prohibition abovo .nnted. But 
 this very imposition of aduty on Coni:rr-< i, t.i .runscst 
 proof of the absence of power in the I'l i: i I ^ iiate 
 
 alone, who are vested with authority t' i; :. ; : ~. In 
 a word, as the only provision on Ihosulj^ct Jiu^;, ilie two 
 branches of the legislative department, in connection with 
 the President, to pass laws on this subject, it is out of tho 
 power of the President, aided by one branch of tlie legisla- 
 tive department, to control the same subject by treaties; 
 for there is not only an absence of express delegation of 
 authority to the treaty-making power, which alone would 
 suffice to prevent the exercise of such authority, but there 
 is the implied prohibition resulting from tlie fact tliat all 
 duty on the subject is imposed on a difterent branch of the 
 Government. 
 
 I need scarcely enlarge upon the familiar principle, t^at 
 autliority express!}' delegated to Congress cannot he as- 
 sumed in our Government by the treaty-making power. 
 Tlio authority to levy and collect taxes, to coin money, to 
 declare war, &c., Ac, are ready examples, and you can bi» 
 at no loss for argument or illu'atratiou iu support of so well 
 recoenized a Driuciule. 
 
152 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 Tlie view above expressed is further enforced by the 
 cl;;usc in the Constitution which follows immediately that 
 which has already been quoted. The second paragraph of 
 thy same section provides that " Congress shall also have 
 power to prohibit the introduction of slaves from any State 
 not a member of, or territory not belonging to, this Confed- 
 eracy.'' Hero there is no direct exercise of power by the 
 States which formed our Constitution, but an expressdele- 
 gation to Congress. It is thus seen that while the States 
 Wfre willing to trust Congress with the power to prohibit 
 the introduction of African slaves from the United States, 
 they wore not willing to trust it with the power of prohib- 
 iting their introduction from any other quarter, but deter- 
 mined to insure the execution of their will by a direct in- 
 terposition of theu- own power. 
 
 Moreover, any attempt on the part of the treaty-making 
 power of this Government to prohibit the African hlave 
 trade, in addition to the insuperable objections above suy- 
 gestt'd, would leave open the implication that the same 
 power has authority topermitsuch introduction. Nosuch 
 implication can be sanctioned by us. This Government un- 
 equivocally and absolutely denies its possession of any pow- 
 er whatever over the subject, aud cannot entertain any 
 proposition in relation to it. 
 
 While it is totally beneath the dignity of this Govern- 
 ment to give assurances for the purpose of vindicating it- 
 self from any unworthy suspicions of its good faith on this 
 subJLCc, that may be disseminated by the agents of the 
 United States, it may not be improper thatyou should point 
 out the superior efficacy of our constitutional piovi.iion to 
 any treaty stipulations we could make. The constitution 
 is itself a treaty between the States, of such binding force, 
 that it cannot be changed or abrogated without the deliber- 
 ate and concurrent action of nine out of the thirteen States 
 that compose the Confederacy. A treaty might beabrogated 
 by a party temporarily in power in our country, at the solo 
 risk of disturbing amicable relations with a foreign Power. 
 The Constitution, unless by approach to unanimity, could 
 not be changed without the destruction of this Government 
 itself; and even should it be possible hereafter to procure 
 the consent of thenumber of States necessary to cliangeit, 
 the forms and delays, designedly interposed by the framers 
 to check rash innovations, would give ample time for the 
 most mature deliberation, and for strenuous resistance on 
 the part of those opposed to such a change. 
 
 After all, it is scarcely the part of wisdom to attempt to 
 impose restraint on the actions and conduct of men for all 
 future time. The policy of tlie Confederacy is as fixed anl 
 immutable on this subject as the imperfection of human na- 
 ture permits human resolve to be. No additional agree- 
 ments, treaties, or stipulations can commit these States to 
 the prohibition of the African slave trade with more bind- 
 ing efficacy than those they have themselves devised. A 
 3ust and generous confidence in their good faith on this sub- 
 ject, exhibited by friendly Powers, will be far more effica- 
 cious thnn persistent efforts to induce this Government to 
 assume the e.xercise of powers which it does not possess, and 
 to bind the Confederacy by ties which would have no consti- 
 tutional validity. We trust, therefore, that no unnecessary 
 discus.sion on this matter will bo introduced into your 
 negotiations. If, unfortunately, this reliance shouM prove 
 id-founded, you will decline continuing negotiations on 
 your side, and transfer them to us at home, where, in such 
 event, they could be conducted with greater f icility and 
 advantage, under the direct supervision of the President. 
 
 With great respect, your obedient servant, 
 
 J. P. Benjamin, Secretary of State. 
 Uon. L. Q. C. Lamar, 
 
 Commissioner, <£c., <£c., St. Petersburg, Sussia, 
 
 Arrests of Citizens, and the writ of 
 Habeas Corpus. 
 
 June 27, 18G1, Major General N. P. Banks, 
 commanding the Department of Annapolis, had 
 George P. Kane, Chief of I'olice of Baltimore, 
 arrested for being, in contravention of his duty 
 and in violation of law, by direction or indirec- 
 tion, both witness and protector to transactions 
 hostile to the authority of the Government, and 
 to conspirators avowedly its enemies. 
 
 Same day, Charles Howard, Wm. 11. Gatchell, 
 Charles D. Hinks, John W. Davis, and George 
 Wm. Brown, Mayor and ex-zofficio member of 
 Board of Police of Baltimore, protested against 
 the arrest of Marshal Kane, and the suspension 
 of the Board of Police, by a miiitar" provost 
 marshal. 
 
 July 1, General Banks, in pursuance of orders 
 from the Headquarters of the Army at Wash- 
 ington, arrested the four first-named members, 
 for these reasons : 
 
 The incidents of the past week afforded full justification 
 for this order. The headquarters, under the charge of the 
 board, when abandoned by the officers, resembled in some 
 respects, a concealed arsenal. After public recognition and 
 protest agniust the "suspension of their funetiDns," they 
 continued their sessions daily. Upon a forced .nnd unwar- 
 rantable construction of my proclamation of the 2 i th ultimo, 
 they declared that the police law was suspended, and the 
 police ofBcers and men putoff duty for the present, intend- 
 ing to leave the city without any police protection what- 
 ever. They refused to recognize the officers or men neces- 
 sarily selected by the provost marshal for its p.otection, 
 and hold subject to theirorders, now and heve;if[er. the old 
 police force, a large body of armed men, for some purpose 
 not known to the Government, and inconsistent with its 
 peace or security. To anticipate any intentions or orders 
 on their part, I have placed temporarily a portion of the 
 force under my command within the city. I disclaim on 
 the part of the Government I represent, all desire, inten- 
 tion, and purpose to interfere, in any manner whatever, 
 with the ordinarymunieipal affairsof the city of Baltimore. 
 Whenever a loyal citizen can be named who will execute 
 its police laws with impartiality and in good faith to the 
 United States, the military force will be withdrawn from 
 the central parts of the municipality at once. No soldier 
 will be permitted in the city, except under regulations sat- 
 isfactory to the marshal; and if any so admitted violate 
 the municipal law, they shall be punished according to the 
 civil law, by the civil tribunals. 
 
 They were transferred to Fort Lafayette, and 
 on the 6th of August, Judge Garrison of Brook- 
 lyn, issued a writ directing Col. Burke to pro- 
 duce the persons in court. Col. Burke declined 
 on the authority of an order from Lieut. Gen. 
 Scott. Col. Burke was then cited to answer for 
 contempt of court, but he did not appear, and 
 August 22, Judge Gari-ison, "submiting to in- 
 evitable necessity," dismissed the proceedings. 
 They were subsequently released. See Presi- 
 dent's Orders, p. 154. 
 
 AKREST OF MEMBEES OF THE LEGISLATUEE 0» 
 
 MARYLAND. 
 
 NEWSPAPER ACCOUNT. 
 
 By Telegraph to the Associated Press. 
 
 Baltimore, Sept. 13.— The Provost Marshal, George P. 
 Dodge, this morning, bclbro day, arrested the Mayor of 
 Baltimore, Mr. Brown, and :Messrs.Clias. S. Pitts, Lawrence 
 Sangston, S. Teackle W;illis, T. r.iiliin Scott, and Ross 
 Winans, membersdl' tlie Murytunl lA';;is!.itnii' cif Baltimore 
 city, and F. K. Howard, the cilitni-of tlic Exchange i\cvcB- 
 paper. They were taken to Vovt Mrlbniy. 
 
 Baltimore, S(pl. i:j.— The Collowin^' aililitional armsts 
 have been made: Messrs. DcnniMiii.Qiiiiilan, and Dr. Lynch, 
 ineiiibors of the Lcjilsbitmc IVoiii lialtiiiiore county; an<l 
 Messrs. Henry M. Warti(ld,Dr. J. Hanson Tlioinas, John C. 
 Bnme, city members; also, Tliomas W. ilall, editor of the 
 South newspaper. 
 
 Tho day of tho meeting of the Legisl.ituro is Tuesday 
 next, when, it is snsiirctcil, t'uvtlier lc,i;islatioii hostile to 
 the Government was to lie attenipti-d. All tlii'airosts made 
 were under orders direct IVoni the V,':\v Department. 
 
 B.\LTIM0RE, Sept. 13.— I just hear ot the iu rest of Henry 
 May, member of Congress ; also, Henry M. Morfit and W. 
 G. Harrison, members of tho Legislature from this city. 
 These, with tho names previously sent, complete the ten 
 city delegates. Upon the arrest of Gordon, (member of the 
 Maryland Legislature,) some <lays ago, i)apers were found 
 in his baggage reading like anK'udments to be offered to a 
 proposed secession ordinance to be brought up at the coming 
 meeting of the Legislature. 
 
 Baltimore, Sept. 18. — The police are arresting secession 
 members of the Legislature as fa-st as they reach this city, 
 on their way to Frederick. To-morrow is tho day set apart 
 for the meeting of the Legislature, but tliero can be no quo- 
 rum present, as nearly three fourths of both Houses are 
 secessionists, all of whom it is presumed, will be arrested. 
 This evening Messrs. Dennis and Heckart, of tho Senate, 
 and Messrs. Landing and Raisin, of tho House of Delegates, 
 were arrested. There are now fifteen members of the House 
 and three of the Senate under arrest. Many of tho mem- 
 bi'rs cannot be found, and have, it is said, tied firom th» 
 Stat«. 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 153 
 
 [Prom tho Baltimore American.] 
 
 We are not advised of the specific charges against those 
 members of the Legislature and others prominent as public 
 functionaries who have been arrested in tho State by order 
 of the General Government; but, fmni Avli.it lias alri ady oc- 
 curred, the inference seems safe nnaivli that ihr na^ins 
 were such as were fully justified in lli ' ihi-liui i)iv<ivaii.iu 
 of the peace of the State. One IhiiiLr is (niaiii — iliat tin' 
 majority nr' i\ir (livtiiii;uisli'd bnily thus iuteri'ered with was 
 thoroughly 'ii-i^yal ; and Jii'iaiii^c from what they already 
 have done', a'a! fii'ii' p. isistaiit waiting for something to hap- 
 pen to give tin 111 a chance Id do something more in tho di- 
 roetiou of " State sovereigntj'," we believe they thought the 
 time might come when they might follow other illustrious 
 examples, and treat the State to that outrage upon the peo- 
 ple, the Constitution, and the Union, a " secession ordinance." 
 They are effectually estopped from such a purpose now, and 
 will have a chance to reflect at their leisure on their utter 
 disregard of tho wishes of tho people in their doings. 
 
 The astounding disregard of popular sentiment; definitely 
 shown, has been the chief feature in the secession movement, 
 and Mai-yland has only escaped the worst consequences of it 
 by the firm action of the Governor in the first instance, and 
 now by the interposition of the strong hand of the General 
 Government. 
 
 copeland's eeport. 
 
 Frederick, Md., September 18, 1861. 
 To Major General Banks, Damestown: 
 
 Sir : I have just telegraphed to General Dix that we have 
 seized seven members of tho house of a very bitter character, 
 and four officers, clerks, &c., who are intensely bitter, and 
 are said to have been very forward and to have kept some of 
 the weaker men up to the work. Several arrests were made 
 of violent or resisting persons, whom I shall let go after the 
 others are gone. I shall send four men at least to General 
 Dix, at Baltimore, who are very bad men. I have advised 
 Colonel Rugcr to send to Sharpsburg Landing to seize 000 
 sacks of salt, which are waiting for the Southerners to come 
 and take them. They have tried twice to do it. We have 
 also heard of some arms which the colonel will look up. 
 There is a very bitter man here, a Mr. Sinn, who is currently 
 reported by General Shriver and others to be the medium of 
 communication with the Southern Confederacy. The names 
 of the members are : B. S. Salmon, K. C. McCubbin, J. II. 
 Gordon, C. J. Durant, Thomas Cleggett, Andrew Kessler, 
 and Bernard Mills. We shall get T. Lawrence Jones. The 
 ofBters of the Legislature : J. N. Brewer, Chief Clerk Sen- 
 ate; Thomas Moore, reading do ; Samuel Penrose, jr., As- 
 sistant; N. Kilgoro, reading do.; Milton Kidd, Chief of the 
 House. Mr. Jones is taken ; Edward Uouser, citizen ; Riley, 
 (very bad,) Printer to the House ; John Hogan, (very bad,) 
 citizen; Joseph Elkins, do.; Mr. Mason, Folder to the 
 House. We shall leave here for headquarters this after- 
 noon. The arrested were nearly all seized by tho police- 
 men. 
 
 I am, yours respectfully, 
 
 E. MORRIS COPELAND, 
 Aid-de-Camp. 
 
 Mr. McCubbin is a person whom I should recommend you 
 to set at large if he takes the oath, which I have no doubt 
 he will. He is brother-in-law to General Hammond, and a 
 man much respected; also a man of rather timid nature, 
 and greatly troubled by his arrest. General Shriver has 
 been very active for us, and is very earnest that we should 
 let him go on these terms. If you can do it, it will bo well 
 to telegraph to Annapolis to have the oath tendered, and 
 release him. I should do it under my instructions, only 
 that Colonel Ruger thinks he has no authority to allow any 
 man on tho list any liberty. R. M. C. 
 
 OTHER ARRESTS. 
 
 Philadelphia, August 19. 
 
 Pierce Butler was arrested this afternoon by the United 
 States Marshal by order of Secretary Cameron. He was 
 taken to New York this evening, en route to Fort Hamil- 
 ton. 
 
 LouisviLlE, September 19. 
 
 Early this morning the United States Marshal seized the 
 office of the Louisville Courier, arrested ex-Governor More- 
 hcad, Reuben T. Murrett, one of the proprietors of the 
 Courier, and Martin W. Barr, telegraphic news reporter for 
 the New Orleans press, on charges of treason or complicity 
 with treason. The prisoners were all carried to Jefferson- 
 ville, and will bo transferred to the custody of the Marshal 
 of Indiana district. 
 
 Cincinnati, September 26. 
 
 Yesterday afternoon Lieutenant Colonel Letcher, with a 
 detachment of Colonel Woodward's regiment, captured 
 James B. Clay, with sixteen of his men, while on the way 
 to join ZolHcoiTer. They were taken to Camp Dick Robin- 
 sou. John C. Breckimidge was with their party in this 
 city, but escaped. 
 
 Ex-Mayor James G. Berret, of Washington, 
 ■was arrested ia August, but released Septem- 
 ber 12, 18G], on taking the oath of allegiance, 
 and resigning the office of mayor. 
 
 Ellis B. Schnable, of Pennsylvania, was also 
 arrested late in August. 
 
 James W. Wall, of Burlington, N. J., was 
 arrested, and others. 
 
 ORDERS ON WHICH CERTAIN ARRESTS WERE 
 
 MADE. 
 
 Seeretary of War to General Banks. 
 
 War Department, Sept. 11, 1861. 
 General : The passage of any act of secession by the 
 Legislature of Maryland must be prevented. If necessary 
 alitor any part, of the members must bo arrested. Exercise 
 your own judgment as to the time and manner, but do the 
 work eflectuaily. 
 
 Very respectfully, your obedient servant, 
 
 SIMON CAMERON, 
 
 Secretary vf War. 
 
 Gen. McClellan to Gen. Bulks. 
 
 [confidential.] 
 Headquarters Armt of the Potomac, 
 Washington, Sept. 12, ISGl. 
 General: After full consultation with the President, 
 Secretaries of State, War, &c., it has been decided to effect 
 the operation proposed for tho 17 th. Arrangements have 
 been made to have a Government steamer at Annapolis to 
 receive the prisoners and carry them to their destination. 
 
 Some four or live of the chief men in the affair are to be 
 arrested to-day. When they meet on the 17th, you will 
 please have everything prepared to arrest the whole pai'ty, 
 and be sure that none escape. 
 
 It is understood that you aiTanged with Gen. Dix and 
 Gov. Seward the modus operandi. It has been intimated to 
 me that the meeting might take place on the 14th ; please 
 be prepared. I would be glad to have you advise me fre- 
 quently of your arrangements in regard to this very im- 
 portant matter. 
 
 If it is successfully carried out it will go far toward 
 breaking the backbone of the rebellion. It would probably 
 be well to have a special train quietly prepared to take 
 prisoners to Annapolis. 
 
 I leave this exceedingly important afiair to your tact and 
 
 discretion — and have but one thing to impress upon you — 
 
 the absolute necessity of secrecy and success. With the 
 
 highest regard, I am, my dear General, vom- sincere friend, 
 
 GEO. B. McCLELLAN, 
 
 JUaJ. Gen. U. S. A. 
 
 Copy of Gen. Banks's instructions concerning the Legislature. 
 [important and confidentl^l.] 
 
 Headquarters, Camp near Darnesto\?n, 
 September 16, lb6o. 
 Lieut. Col. Rugee, Commanding Third Wisconsin regiment, 
 on special service at Frederick : 
 
 Sir : The Legislature of JlaryUiud is appointed to meet in 
 special session to-morrow, Tuesday, Sept. 16. It is not im- 
 possible that the members, or a portion of them may be 
 deterred from meeting thero on account of certain arrests 
 recently made in Baltimore. It is also quite possible 
 that on the first day of meeting the attendance may be 
 small. Of tho facts, as to tliis matter, I shall see that you 
 are well informed, as they transpu-e. It becomes necessary 
 that any meeting of this Legislature, at any place or time, 
 shall bo prevented. 
 
 You will hold yourself and your command in readiness to 
 arrest the members of both Houses ; a list of such as you 
 are to detain will be enclosed to you, herewith, among whom 
 are to bo specially included the presiding officers of tho two 
 houses, secretaries, clerks, and all subordinate officials. Let 
 the aiTests be certain, and allow no chance of failm-e. The 
 an'ests should be made while they iire iu session, I think. 
 
 You will, upon the receipt of this, quietly examine the 
 premises. I am informed that escape will be impossible, if 
 tho entrance to the building bo held by you, of that you will 
 judge upon exanrination. If no session is to be held, you 
 will arrest such members as can be found in Frederick. The 
 process of arrest should be to enter both Houses at the same 
 time, announcing that they were arrested by orders of the 
 Government, conmiand them to remain as they are, subject 
 to your orders. 
 
 Any resistance will be forcibly suppressed, whatever the 
 consequences. Upon these arrests being effected, the mem- 
 bers that are to be detained will bo placed on board a special 
 train for Annapolis where a steamer will await them. 
 
154 
 
 ADMINISTEATION OP ABRAHAM LINCOLN. 
 
 Everything in the execution of these orders is conflJed to 
 your secrec}', discrotion, and proiiiptuess. 
 
 Tht Case of Algernon S. Sullivan. 
 
 Depautment OT' State, 
 Washisgton, September 10, 1861. 
 To Casiel Lord, Esq., New Yoric : 
 
 Sir : I have received your letter of yesterday relating to 
 Algernon S. Sullivan, a political prisoner now in custody at 
 Fort Lafayette. This Lopartment is jiossessed of treason- 
 able correspoudeuce of that person which no right or priri- 
 lege of a lawyer or counsel can justify or excuse. The pub- 
 lic safety will not admit of his being discharged. 
 
 In view of the many rei)resentation8 made to me in this 
 case, I pray your excuse for giving this letter to the public. 
 With great respect, sir, your obedient servant, 
 
 WILLIAM H. SEWARD. 
 
 T?u Case of Robert Elliot. 
 
 Department of State, 
 Washington, October 4, 1S61. 
 To his Excellency Israel Washbukn, Augusta, Me. : 
 
 Governor: Application has been made to tlie Pi-esident for 
 the release of Kobert Elhot, a political prisoner held iu cus- 
 tody at I'ort Lafayette. 
 
 The evidence taken in his case shows that he had not only 
 conceived the purpose of treasonable co-operation in the 
 State of Maine with the insurrectionary citizens arrayed in 
 arms, in other States, for the overthrow of the Government 
 and the Union, but that he had even gone to the extreme 
 length of getting up an imlawful armed force to operate in 
 Maine against the lawful action of the State and of tho Fed- 
 eral Government. His associates in that treasonable enter- 
 prise, since his arrest, have taken an oath of allegiance to 
 the United Stales. This proceeding is very proper in itself. 
 But the representations they make, that they and ha were 
 loyal to the Union at the time when they were combining 
 in arms against it, cannot be accepted, at least in his behalf. 
 It appears that he is too intelligent to misunderstand the 
 legitimate tendency of his criminal acts. He cannot be re- 
 leased. On the contrary, your vigilance in ferreting out the 
 conspiracy and in arresting it, by denouncing it to the Gov- 
 ernment and tho country, is deemed worthy of especial com- 
 mendation. 
 
 If any of the other offenders are still persisting in their 
 treasonable course, you will, I am sure, not fail to give in- 
 formation to this Department. 
 
 I have the honor to be, very respectfuliv, your obedient 
 servant, WILLIAM H. SK^VARD. 
 
 THE president's ORDERS. 
 
 1862, February 14 — The President issued an 
 order reciting the circumstances of tlie country, 
 the defection of officials in every department, 
 the treason which pervaded and paralyzed 
 every branch of the service, in justification of 
 the resort to extraordinary measures, and adds: 
 
 Meantime a favorable change of public opinion has oc- 
 curred. The line between loyalty and disloyalty is plainly 
 defined ; tho whole structure of the Government is firm and 
 Btable; apprehensions of public danger and facilities for 
 treasunablo practices have diminished with the passions 
 whicli prompted heedless persons to adopt tliem. Tho in- 
 suriectiou is believed to have culminated and to bo decliu- 
 ing. 
 
 The President, in view of these facts, and anxious to favor 
 a return to tho normal cour.-o of the Administration, as far 
 as regard for the public welfare will allow, directs tbat all 
 political prisoners or State prisoners now held in military 
 custody, be released on their subscribing to a parole engag- 
 ing ttem to render no aid or comfort to the enemies in hos- 
 Uhty to tlie United States. 
 
 The Secretary of War will, however, at his di.<"cretion, 
 except from tlie cflect of this order any pTSocs detained 
 us spies in the service of the insurgents, or others whose 
 relea-se at tho present moment may be deemed incompati- 
 ble with the public salety. 
 
 To all persons who shall be so released, and who shall 
 keep their parole, the President grants an amnesty for any 
 past offences of treason or disloyalty which they may have 
 committid. 
 
 Extraordinary arrests will hereafter be made under the 
 direction of the military authorities alone. 
 
 By order of the President: 
 
 EDV.'IN M. STANTON, 
 
 Secretary of War. 
 
 1862, February 27 — The President issued 
 this order: 
 
 Executive Order No. 2r-In Relation to State Prismert. 
 War Depap.tme.nt, Washington Citst, Feh.2~ , 1862. 
 It is ordered: 
 
 First. Tbat a special commission of two pprsons, one of 
 military rank and tho otber in civil life, be appointed to 
 examine thecases of the State prisoners remaining in the mil- 
 itary custody of the United State,<<,anu todetermine whether | 
 in view of the public safety and the existing rebellion, they 
 should be discharged, or remain in military custody, or be 
 reiriitted to the civil tribunals for trial. 
 
 Second. Tliat Major General John A. Dix, commanding 
 in Baltimore, and the Hon. Edwards Pierrepont, of New 
 York, be and they are hereby appointed Commissioners f.>r 
 tlie purposes above mentioned, and they are authorized to 
 examine, hear, and determine the cases aforesaid ex parte 
 and in a summary manner, at such times and places as in 
 their discretion they may appoint, and make lull report to 
 the War Department. 
 By order of the President : 
 
 EDWIN M. STANTON, 
 Secretary of War. 
 ORDER OF THE SECRETARY OF WAR. 
 
 War Dep.irtment, 
 Washington, November 22, 1862. 
 Ordered^-!. That all persons now in military custody, 
 who have been arrested for discouraging volunteer enlist- 
 ments, opposing the draft, or lor otherwise giving aid and 
 comfort to the enemy, in States where the draft has been 
 made, or the quota of volunteers and militia has been fur- 
 nished, shall be disch.arged from further military restraint. 
 
 2. The persons who, by tliu authority of the military com- 
 mander or governor in relnl Slates, have been arrested and 
 sent from such Statu for di loyalty or hostility to the Gov- 
 ernment of the United Stutis, and are now in military cus- 
 tody, may also be discharged upon giving their piirole to do 
 no act of hostility against the Government of the United 
 States, nor render aid to its enemies. But all such persona 
 shall remain subject to militaiy sm-veillance and liable to 
 arrest on breach of their parole. And if any such persons 
 shall prefer to leave tho loyal States on conihtion of their 
 not returning again during the war, or until special leave 
 for that purpose be obtained from tho President, then such 
 person shall, at his option, be released and depart from the 
 United States, or bo conveyed beyond the military lines of 
 the United States forces. 
 
 3. This order shall not operate to discharge any pei^gon 
 who has been in arms against the Government, or by force 
 and arms has resisted or attempted to resist the draft, nor 
 relieve any person from liability to trial and punishment 
 by civil tribunals, or by court-martial or military commis- 
 sion, who may be amenable to such tribimals for olfencea 
 committed. 
 
 By order oithe Secretary of War : 
 
 E. D. TOWNSEND, 
 Assistant Adjutant General. 
 
 ARREST OF JOHN MERRYMAN AND PRoCEEDINOS 
 THEREON. 
 
 I8G1, May 25 — John Merryman, of Baltimore 
 county, Md., was arrested, charged with holding 
 a commission as lieutenant in a company avow- 
 ing its purpose of armed hostility against the 
 Government ; with being in comniuuicatioa 
 with the rfebels, and with various acts of trea- 
 son. He was lodged in Fort Mclienry, in com- 
 mand of Gen. Geo. Cadwalader. Meiryman at 
 once forwarded a petition to Chief Justice 
 Roger B. Taney, reciting his arrest, and praying 
 for a writ of habeas corpus and a heaving. The 
 writ was issued for the 2Tth, to which General 
 Cadwtilader declined to respond, alleging, among 
 other thing?, that he was duly authorized by 
 the President of the United States to suspend 
 the writ oi habeas corpus for the public safety. 
 May 27, the Chief Justice issued a writ of at- 
 tachment, directing United States Marshal 
 Bonifant to produce the liody of General Cad- 
 wtilader on Tuesday, May 2Bih, " to answer for 
 his contempt in refusing to produce the body 
 of John Merryman." May 28th, the Marshal 
 replied that he proceeded to the fort to serve 
 the writ, that he was not permitted to enter the 
 gate, and that he was informed " there was no 
 answer to his writ." 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 155 
 
 CHIEF JUSTICE IANET'S REMARKS. 
 
 I ordered the attachment yesterday, because npon the 
 face of the return the detention of the prisoner was unlaw- 
 ful upon two grounds. 
 
 1. The rrisident, under the Constitution and laws of the 
 Onited St:it -s, cinnot suspend the priviU-ge of the wi'it of 
 habeas coi-jm.; nor authorize any military officer to do so. 
 
 2. A mili(ary officer has no right to arrest and detain a 
 person, not subject to the rules and articles of war, for an 
 offence ag;unst the laws of the United States, except in and 
 of the judicial authority and subject to its control ; and if 
 the pai-ty is arrested by the military, it is the duty of the 
 officer to deliver him over immediately to the civil author- 
 ity, to be dealt with according to law. 
 
 I forbore yesterday to state orally the provisions of the 
 Constitution of the United States which make these prin- 
 ciples the fundamental law of the Union, because an oral 
 statement might be misunderstood in some portions of it, 
 and I shall therefore put my opinion in -wi-iting and file it 
 in the office of the Clerk of the Circuit Court, in the course 
 of this week. 
 
 After reading the above, the Chief Justice 
 orally remarked : 
 
 In relation to the present return, I propose to say that 
 the mai-shal has legally the power to summon out the posse 
 coniitatus to seize and bring into court the party named in 
 the attachment ; but it is apparent he will bo resisted in 
 the discharge of that duty by a force notoriously superior 
 to tho posse comitatus, arid such being the case, tlie Court 
 has no power under the law to order the necessary force to 
 compel the appearance of the partj'. If, however, he was 
 before the Court, it would then impose the only punish- 
 ment it is empowered to inflict — that by fine and imprison- 
 ment. 
 
 Under these circumstances the Court can barely say, to- 
 day, I shall reduce to writing the reasons under which I 
 have acted and which have led me to the conclusions ex- 
 pressed in my opinion, and shall report them with these 
 proceedings to the President of the United States, and call 
 upon him to perform his constitutional duty to enforce the 
 laws; in other words, to enforce the process of this Court. 
 This is all this Court hae now the power to do. 
 
 Subjoined is the opinion of the Chief Jus- 
 tice:* 
 
 Ex parte John Merrtman. 
 
 Before the Chief Justice of the Supreme Court of the 
 
 United States, at Chambers. 
 
 The application in this case for a writ of habeas corpus 
 is made to me under the 1-ith section of the judiciary act 
 of 1789, which renders effectual for the citizen the consti- 
 tutional privilege of the writ of habeas corpus That act 
 fives to the courts of the United States, as well as to each 
 ustice of the Supreme Court, and to every District Judge, 
 power to grant writs of habeas corpus, for the piu-pose of 
 an inquiry into the cause of commitment. The petition 
 ■was presented to mo at AVashington, under tho impression 
 that I would order tlie prisoner to bo brought before me 
 there, but as he was confined in Fort JIcHenry, at the city 
 of Baltimore, which is in my circuit, I resolved to hear it 
 in the latter city, as obedience to the -^Tit, under such 
 Circumstances, would not withdraw Gen. Cadwalader, who 
 had him incharge, from the limits of his military command. 
 
 The petition presents the following case : The petitioner 
 resides in Maryland, in Baltimore county. 'While peaceably 
 in his own house, with his family, it was at two o'clock, on 
 the morning of the 25th of May, 1861, entered by an ai'med 
 force, professing to act under military orders. He was 
 then compelled to rise from his bed, taken into Cus- 
 tody, and conveyed to Fort Mcllenry, where he is im- 
 prisoned by tlie commanding officer, without warrant from 
 any lawful authority. 
 
 The commander of the fort. Gen. George Cadwalader, by 
 ■whom ho is detained in confinement, in Ids return to the 
 ■writ, does not deny any of the facts alleged in tho petition, 
 lie states that the prisoner was arrested by order of Gen. 
 Keim, of Pennsylvania, and conducted as a prisoner to 
 Fort Mcllenry liy liis order, and placed in his (Gen. Cad- 
 walader's) custody, to be there detained by liiiu as a ijri'=oner. 
 
 A copyof the warrant, or order, under whii li thrjiris 'ucr 
 ■was arrested, was demanded bv his coun.-i-l, and rdused. 
 And it isn.it all. •2-"(l in «he rctiiin that muvmm , ,ii,- :M■t,^(1n- 
 Btitnti^!- Ml .■.!■ II. .•::■ ::ri t Hi.. I,:«-, ,.!' l:.-'! 1:1 •• 1 M'lt.-S, 
 luialH.M. . .1 , ,,. ! l:ri, ri M ..■:■: 1,1 i , • • .IPS 
 
 tohave i ■ .i ;!,:■ I i.,. ;i l , : ! i ;,, ;_ , , , ,i. , ,i ::nd 
 rehelliuu, v,.ili..„L i-r^.i.!, and v.iu, ul j-iMn., lli^; n,.iij,sof 
 the witueSoies, or specifying the ;.cts, whicli, in Iho judg- 
 ment of the military olhcer, consti tuted these crimes. And 
 
 * For a reply by Hon. Eeverdy Johnson, 
 Rebellion Record, vol. 2, p. 1S5. 
 
 Moore'i 
 
 having the prisoner thus in custody upon these vag\ie and 
 unsupported accusations, he refuses to obey the ^^Tit of 
 habeas corpus, upon the ground that he is duly authorized 
 by the President to suspend it. 
 
 The case, then, is simply tlrfs : A military officer residing 
 in Pennsylvania issues an order to arrest a citizen of Mary- 
 land, upon vague and indefinite charges, vrithout any proof, 
 so far as appears. Under this order his house is entered in 
 tho night ; he is seized as a prisoner, and conveyed to Fort 
 McHeury, and there kept in close confinement. And when 
 a habeas corpus is served on the commanding officer, requin 
 ing him to produce tho prisoner before a Justice of the Su- 
 preme Court, in order that he may examine into the legality 
 of the imprisonment, the answer of the officer ii that ho is 
 authorized by the President to suspend tho ■writ of liabeas 
 corpus at his discretion, and, in the exercise of that discre- 
 tion, suspends it in this case, and on that ground refuses 
 obedience to the writ. 
 
 As the case comes before me, therefore, I understand that 
 the President not only claims the right to suspend the writ 
 of habeas corpus liimself, at his discretion, but to delegate 
 that discretionary power to a military officer, and to leave 
 it to him to determine whether he ■will or will not obey ju- 
 dicial process that may be served upon him. 
 
 No official notice has been given to the courts of justice, 
 or to the public, by proclamation or otherwise, that the 
 President claimed this power, and had exercised it in the 
 manner stated in the return. And I certainly listened to it 
 with some surprise, for I had supposed it to be one of those 
 points of constitutional law upon which there was no differ- 
 ence of opinion, and that it was admitted on all hands that 
 the privilege of the writ could not be suspended except by 
 act of Congi-ess. 
 
 When the conspiracy of which Aaron Burr was the head 
 became so formidable, and was so extensively ramified as to 
 justify, in Mr. Jefferson's opinion, the suspension of tho writ, 
 ho claimed, on his part, no power to suspend it, but com- 
 municated his opinion to Congress, with all the proofs in his 
 possession, in order that Congress might exercise its discre- 
 tion upon the subject, and determine whether the public 
 safety required it. And in the debate wliich took place upon 
 the subject no one suggested that Mr. Jefierson might exer- 
 cise the power himself, if, in his opinion, the public safety 
 deniauded it. 
 
 Ihniiig, therefore, regarded the question as too plain and 
 too wuU settled to be open to dispute, if the commanding 
 officer had stated that upon his own responsibility, and in 
 the exercise of his own iliscretion, he refused obedience to 
 the writ, I should have contented myself with refemng to 
 the clause in the Constitution, and to the construction it 
 received from every jurist and statesman of that day, when 
 the case of Biirr was before them. But being thus officially 
 notified that the privilege of tho writ has been suspended 
 under the orders and by the authority of the President, and 
 beUeving as I do that the President has exercised a power 
 which he does not possess under the Constitution, a proper 
 respect for theliigh office he fills requires me to state plainly 
 and fully the grounds of my opinion, in order to show that 
 I have not ventiu-edto question the legality of his act with- 
 out a careful and dehbcrato examination of the whole subject. 
 
 Tho clause in the Constitution which authorizes the sus- 
 pension of the privilege of the writ of habeas corpus is in 
 the ninth section of the first article. 
 
 This article is devoted to tho Legislative Department of 
 the United States, and hajt not tho slightest reference to tho 
 Executive DopiirtTiT'Tit. Tt licgins by providing "that all 
 legislative pn',\ . i;, i 'i -in led shall be vested in a Con- 
 gress of tho I I ! .- . w liich shall consist of a Senate 
 and House of i : ; ! v, i , : , i,\. -.'' And after prescribing tho 
 manner in whii ii tlic-so two branches of the legislative de- 
 partment shall be chosen, it proceeds to enumerate specifi- 
 cally the legislative powers which it thereby gi-ants, and 
 legislative ijowers which it ixpri'S.-.ly prohibits, and, at the 
 conclusion of this spr ; : n. a . ; mso is inserted giving 
 Congress " the power l ' i 1 ,\ s which may be neces- 
 
 sary and proper for ca,i I ' ' -arution the foregoing 
 
 powers, and all other J. n., , . \, - I ly this Constitution in 
 the Government of the United States or in any department 
 or office thereof." 
 
 The power of legislation granted by this latter clause is 
 by its word carefully confined to the specific objects before 
 enumerated. But as this limitation was unavoidably 
 somewhat indefinite, it was deemed necessary to guard 
 more elTectually certain great cardinal principles essential 
 to the liberty of the citizen and to the rights and equality 
 of the States by denying to Congress, in express terms, 
 any power of legislation over them. It was Apprehended, 
 it seems, that such legislation might be attempted undi r 
 the pretext that it was necessary and propi-r to carry into 
 execution the powers granted ; and it was determined that 
 there should be no room to doubt, where rights of such 
 vital importance were concerned, and accordingly this 
 clause is immediately followed by an enumeration of cer- 
 tain subjects to which the powers of legial.ition shall nut 
 
156 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 extend; and the great importance which the framers of 
 t!iO Constitution attached to the privilei^o of the writ of 
 habeas corpus, to protect the liberty of the citizen, is 
 proved by the fnet that its suspeusiou, except in cases of 
 invasion and rebellii n, is first in the list of prohibited 
 powers ; and even in these cases the power is denied and 
 iis exercise prohibited unless the public safety shall re- 
 quire it. It is true that in the cases ment'oni-'d Congress is 
 of necessity the judge of whether the public safety does or 
 does cot require it ; audita judgment is conclusive. But 
 the introduction of these words is a standing admonition 
 to the legislative body of the danger of suspending it and 
 of tho extreme caution ihey should exercise beloro they 
 give the Government of the United States such jMwer over 
 the liberty of a citizen. 
 
 It is the second article of the Constitution that provides 
 for the organization of the Executive Department, and 
 eoumeratL-a the powers conferred on it, and prescribes its 
 duties. Aud if the high power over tho liberty of the 
 citizens now claimed was intended to bo conferred on tho 
 President, it would undoubtedly be found in plain words 
 in this article. But there is not a word in it that can fur- 
 nish the slightest ground to justify the exercise of the 
 power. 
 
 The article hecins by declaring that the Executive power 
 shall be vested in a President of the Ouited States of Ame- 
 rica, to hold his ofBce during the term of four jears, and 
 then proceeds to describe the mode of election, and to spe- 
 cify in precise and plain words the powers delegated to 
 him and the duties imposed upon him. And the short term 
 for which he is elected, and the narrow limits to which his 
 power is confined, show the jealousy and apprehensions of 
 future danger which tho framers of tho Constitution felt 
 in relation to that department of theGovernment, and how 
 carefully they withheld from it many of the powers belong- 
 ing to the executive branch of the English Government 
 which were considered as dangerous to the liberty of the 
 subject, aud conferred (and that in clear and specific 
 terms) those powers only which were deemed essential to 
 secure the successful operation of the Government. 
 
 He is elected, as I have already said, for the brief term 
 of four years, aud is made personally responsible, by im- 
 peachment, for malfeasance in otfice. He is, from necessity, 
 and thenature of his duties, theCommauder-in-Chief of the 
 army and navy, and of the militia, when called into actual 
 service. But no appropriation for the^eupport of the army 
 can be made by Congress for a longer term than two years, 
 80 that it is in the power of the succeeding House of Rep- 
 resentatives to withhold tho appropriation for its support, 
 and thus disband it, if, in their judgment, the President 
 used or designed to use it for improper purposes. And al- 
 though tho militia, when in actual service, arc under his 
 command, yet the appointment of the officers is reserved to 
 the States, as a seciuity against the use of the military 
 power for purposes dangerous to the liberties of the people 
 or tho rights of the States. 
 
 So, too, his powers in relation to the civil duties and au- 
 thority necessarily confen-ed on him are carefully restrict- 
 ed, as well as those belonging to his military character. He 
 cannot appoint tho ordinary officers of Government, nor 
 make a treaty with a foreign nation or Indian tribe with- 
 out tho advice and consent of the Senate, and cannot ap- 
 point even inferior officers unless he is authorized by an 
 act of Congi-ess to do so. He is not empowered to ai-rest 
 any one charged mth an offence against the United States, 
 and whom he may, from tho evidence before him, believe 
 to bo guilty; nor can he authorize any officer, civil or 
 Ciilitary, to exercise this power, for the fifth article of the 
 amendments to the Constitution expressly provides that no 
 person " shall be deprived of life, liberty, or property with- 
 out due process of law ;" that is, judicial process. And even 
 if the privilege of the writ of habeas corpus wag suspended 
 by act of Congress, and a party not subject to the rules and 
 articles of war was afterwards arrested and imprisoned by 
 regular j udioial process, he could not be detained in prison or 
 brought to tTial before a military tribunal, for tho article in 
 the Amendments to the Constitution immediately following 
 the one above referred to — that is, the sixth article — pro- 
 vides that, " in idl criminal prosecutions, the accused shall en- 
 joy the right to a speedy and pubUc trial by an impartial jury 
 of the State and district wherein the crime shall have been 
 committed, which district shall havo been previously ascer- 
 tained by law, and to bo informed of the nature and cause 
 of the accusation ; to he 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." 
 
 And the only power, therefore, which the President pos- 
 Bcsses, where tho "life, liberty, or property'' of a private 
 citizen is concerned, is the power and duty prescribed in tho 
 tliird section of the second article, which requires " that he 
 ehall take care that the laws be faithfully executed." He is 
 not authorized to execute thom himself, or through agents 
 or officers, civil or military, appointed by himself, but he is 
 
 to take care that they be feithfiilly carried into execution as 
 they are expounded and adjudged by the coiirdin.-ite branch 
 of the Government to which that duty is assigned by the 
 Constitution. It is thus made his duty to come in aid of the 
 judicial authoritj-, if it shall be resisted Iiy a force too strong 
 to be overcome without the assistance of the Executive arm. 
 But in exercising this power, ho acts in Bubordluatiou to 
 judicial authority, assisting it to execute its process and en- 
 force its judgments. 
 
 With such provisions in tho Constitution, expressed in 
 language too clear to bo misunderstood by any one, I can 
 see no ground whatever for supposiug that tho President, in 
 any emergency or in any state of things, can authorize the 
 suspension of tho privilege of the writ of habeas cmpus, or 
 arrest a citizen, except in aid of tho judicial power, llo cer- 
 tainly does not faithfully execute the laws if he takes upon 
 himself legislative power by suspemling tho writ of habeas 
 corpus — and the judicial power, also, by aiTesting and im- 
 prisoning a person without due process of law. Nor can any 
 ai-gvmieut bo di-awn from the nature of sovereignty, or the 
 necessities of government for self-defense, in times of timiult 
 and danger. Tho Government of the United States is one of 
 delegated and limited powers. It derives its existence and 
 authority altogether from the Constitution, and neither of 
 its branches— executive, legislative, or judicial— can exercise 
 any of the powers of govermnent beyond thosespecifled and 
 granted. I'or the tenth article of the amendments to the 
 Constitution, in express terms, provides that " the powers 
 not delegated to tho United States by the Constitution, nor 
 prohibited by it to tho States, are reserved to the States, re- 
 spectively, or to the people." 
 
 Indeed, the security against imprisonment by Executive 
 authority, provided for in the fifth article of tho Amendments 
 of the Constitution, which I have before quoted, is nothing 
 more than a copyof a like provision in tho English constitu- 
 tion, which had been firmly established before the Declarar 
 tion of Independence. 
 
 Blackstone, in his Commentaries, (1st vol., 137,) states it 
 in tho following words : 
 
 " To make imprisonment lawful, it ffiust be either by pro- 
 cess from the com-ts of judicature or by warrant from some 
 legal officer having authority to commit to prison." 
 
 And the people of the United Colonies, who had them- 
 selves Uved under its protection while they were British 
 subjects, were well aware of the necessity of this safeguard 
 for then- personal liberty. And no one can believe that in 
 framing the Government intended to guard still more effi- 
 ciently the rights and the liberties of the citizens against 
 executive encroachment and oppression, they would have 
 conferred on the President a power which tho history of 
 England had proved to be dangerous and oppressive in the 
 hands of tho Crown, aud which tho people of England had 
 compelled it to surrender after a long and obstinate strug- 
 gle on the part of the EngUsh Executive to usm-p and re- 
 tain it. 
 
 Tho right of the subject to the benefit of the writ of ha- 
 beas corpus, it must be recollected, was one of tho great 
 points in controversy during the long struggle in England 
 between arbitrary government and free iustittitious, and 
 must therefore have strongly attracted the attention of 
 statesmen engaged in framing a new and, as they supposed, 
 a freer government than the one which they had thrown 
 off by the Revolution. Por, from tho earliest history of 
 tho common law, if a person was imprisoned — no matter 
 by what authority— he had a right to the writ of habeas 
 corpus to bring his case before the King's Bench, and, if 
 no specific ofl'ence was charged against him in the warrant 
 of commitment, he was entitled to be forthwith discharged; 
 and if an offence was charged which was bailable in its 
 character the court was bound to set him at liberty on 
 bail. And the most exciting contests between the Crown 
 and the people of England from the time of Magna Charta 
 were in relation to tho privilege of this writ, and thoy con- 
 tinued until tho passage of the statute of 31st Charles 2d, 
 commonly known as the great habeas corpus act. This 
 statute put an end to the struggle, and finally and firmly 
 secured the liberty of the subject from the usurpation and 
 oppression of tho executive branch of the Government. 
 It nevertheless conferred no new right upon the subject, 
 but only secured a right alre;uly existing ; for, although 
 the right could not justly be denied, there was often no ef- 
 fectual remedy against its violation. Until tho statute of 
 the 13th of William III tho jud-es held (U.ir offices at tho 
 pleasure of the Kiug, and tho inthicueo whi<:h he exercised 
 over timid, time-serving, and partisan juilges often induced 
 them, upon somo pretext or other, to refuse to discharge 
 the party although he was entitled to it by law, or delayed 
 then- decisions Irom time to time, so as to prolong the im- 
 prisonment of persons who were obnoxious to the King for 
 their political opinions, or had incurred his resentment in 
 any other way. 
 
 The great and inestimable value of the habeas corpus act 
 of the 31st Chai'les II is that it contains provisions which 
 compel courts aud judges, and all parties concerned, to per- 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 157 
 
 fonn their duties promptly, in tho manner specified in the 
 statute. 
 
 A passage in Blackstone's Commentaries, showing the an- 
 cient state of the law upon tliis subject, and the abuses 
 which were practiced through the power and influence of 
 the Crown, and a short extract from Hallam's Constitu- 
 tional History, stating the circumstances which gave rise to 
 the passage of this statute, explain briefly, but fully, all that 
 is material to this subject. 
 
 Blackstone, in his Commentaries on the laws of England, 
 (3d vol., 133,134,) says: 
 
 "To assert an absolute exemption from imprisonment in 
 all cases is inconsistent with every idea of law and political 
 Bociety, and in the end would destroy all ci\'il liberty, by 
 rendering its protection impossible. 
 
 "But the glory of the English law consists in clearly de- 
 defining the times, the causes, and the extent, when, where- 
 fore, and to what degree tho imprisonment of the subject 
 may bo la^vful. This it is which induces the absolute neces- 
 sity of expressing upon every commitment the reason for 
 which it is made, that the court upon a habeas corpus may 
 examine into its vaUdity, and, according to the circiuiistances 
 of the ease, may discharge, admit to bail, or remand the 
 prisoner. 
 
 "And yet early in the reign of Charles I the Coiu:t of 
 King's Bench, reljing on some arbitrary precedents, (and 
 those perhaps misunderstood.) determined that they would 
 not, upon a habeas corpus either bail or deliver a prisoner, 
 though committed without any cause assigned, in case ho 
 was committed by the special command of the King or by 
 the Lords of the Privy Council. This drew on a Pai-Mamen- 
 tary inquiry, and produced the Petition of Eights— 3 Chixs. 
 I — which recites this illegal judgment, and enacts that no 
 freeman hereafter shall be so impiisoned or detained. But 
 when in the following year Mr. Selden and others were com- 
 mitted by the Lords of the Council in pursuance of his Ma- 
 jesty's special command, under a general charge of 'notable 
 contempts, and stirring up sedition against the King and the 
 Government,' the judges delayed for t^vo terms (including 
 also the long vacation) to deliver an opinion how far such a 
 charge was bailable. And when at length they agreed that 
 it was, they however annexed a condition of fincUng sureties 
 for their good behavior, which still protracted their impris- 
 onment; the Chief Justice., Sir Nicholas Hyde, at the same 
 time declaring that ' if they were again remanded for that 
 cause perhaps the court would not afterward grant a Jiabeas 
 corpus being already acquainted with the cause of tho im- 
 prisonment.' But this was heard Tftdth indignation and as- 
 tonishment by every lawjer present, according to Sir. Sel- 
 den's own account of the matter, whose resentment was not 
 cooled at the distance of four and twenty years." 
 
 It is worthy of remark that the offences charged against 
 the prisoner in tins case, and relied on as a justification for 
 his arrest and imprisonment, in then- nature and character, 
 and in the loose and vague manner in which they are stated, 
 bear a striking' resemblance to those assigned in the war- 
 rant for t'lK arrest of Mr. Selden. And yet, even at that 
 day, the w/.rrmit was regarded as such a flagrant ^-iolation 
 of the rights i.'f the subject that the delay of the time-serving 
 judges to set him at liberty upon the habeas corpus issued 
 in his behalf excited universal indignation at the bar. The 
 extract from Hallam's Constitutional History is equally 
 impressive end equally in point. It is in vol. 4, p. 14: 
 
 " It is a very common mistake, and not only among for- 
 eigners, but many from whom some knowledge of oiu- con- 
 stitutional laws might be expected, to suppose that this 
 statute of Cluaies II enlarged in a great degree our liber- 
 ties, and forms a sort of epoch in theii- history. But though 
 a very beneficial enactment, and eminently remedial in 
 many cases of illegal imprisonment, it introduced no new 
 principle, nor conferred any right upon the subject. From 
 the eailiest records of the English law, no freeman could be 
 detained in prison, except upon a criminal charge or con- 
 viction, or for a civil debt. In the former case it was always 
 in his power to demand of the Court of King's Bench a wi'it 
 of habeas corpus ad subjiciendum directed to the person de- 
 taining him in custody, by which he was enjoined to bring 
 up the body of the prisoner with the wai-rant of commit- 
 ment, that the com-t might judge of its sufflcicncy, and re- 
 mand the part}-, admit him to bail, or discharge him, accord- 
 ing to the nature of the chai-ge. This writ issued of right, 
 and could not be refused by the court. It was not to bestow 
 an immunity from arbitrary imprisonment, which is abun- 
 dantly provided for in Magna Charta, (if indeed it was not 
 more ancient,) that the statute of Charles II was enacted, 
 but to cut ofl" tho abuses by which the Government's lust of 
 power and servile subtlety of Crown lawyers had impaired 
 80 fundamental a privilege." 
 
 While the value set upon this writ in England has been 
 so groat that tho removal of the abuses which embarrassed 
 Its enjoyment have been looked upon as almost a new grant 
 of liberty to the subject, it is not to bo wondered at that 
 the continuance of tho writ thus made effective should 
 have been the object of the most jealous care. Accord- 
 
 ingly, no power in England short of that of Parliament, 
 can suspend or authorize the suspension of tho writ of 
 habeas corpus. I quote again from Blackstone (1 Comm., 
 13G:) "But the happiness of onr Constitution is, that it ia 
 not left to the executive power to dotcrmino when tho 
 danger of tho State is so great as to render this measure 
 expedient. It is the Parliament only or legislative power 
 that, whenever it sees proper^ can authorize tho Crown, by 
 suspending the habeas corjms for a short and limited time, 
 to imprison suspected persons without giving any reason 
 for so doing." And if tho President of tho United States 
 may su.'^pend tho writ, then tho Constitution of tho United 
 States has conferred upon him more regal and absolute 
 power over the liberty of the citizen than tho people of 
 England have thought it safe to entrust to the Crown— a 
 power which the Queen of England cannot exercise at this 
 day, and which could not have been lawfully exercised by 
 the sovereign even in the reign of Charles tho First. 
 
 But I am not left to form my judgment upon this great 
 question from analogies between the EugUsh Government 
 and our own, or the commentai-ies of English jurists, or 
 the decisions of English courts, although upon this subject 
 they are entitled to the liighest respect, and are justly re- 
 garded and received as authoritative by our courts of 
 justice. To guide me to a right conclusion, I have the 
 Commentaries on the Constitution of the United States of 
 the late Mr. Justice Story, not only one of the most eminent 
 jiu-ists of the age, but for a long time one of tho brightest 
 ornaments of the Supreme Court of the United States, and 
 also tho clear and authoritative decision of that Court 
 itself, given more than half a century since, and conclusively 
 establishing the principles I have above stated. Mr. Justice 
 Story, speaking in his Commentaries of the habeas corpus 
 clause in the Constitution, says : 
 
 " It is obvious that cases of a peculiar emergency may 
 arise, which may justify, nay, even require, the temporary 
 suspension of any right to the writ. But as it has fre- 
 quently happened in foreign countries, and even in Eng- 
 land, that the ^vrit has, upon various pretexts and occasions, 
 been suspended, whereby persons apprehended upon sus- 
 picion have suffered a long imprisonment, sometimes from 
 design, and sometimes because they were forgotten, the 
 right to suspend it is expressly confined to cases of rebel- 
 lion or invasion, where the public safety may require it. A 
 very just and wholesome restraint, which cuts down at a 
 blow a fruitful means of oppression, capable of being abused 
 in bad times to the worst of purposes. Hitherto no suspen- 
 sion of the writ has ever been authorized by Congress since 
 tho establishment of the Constitution. It would seem, as the 
 power is given to Congress to suspend the writ of habeas 
 corpus in cases of rebellion or invasion, that the right to 
 judge whether tho exigency had arisen must exclusively 
 belong to that body." — 3 Story's Com. on tho Constitution, 
 section 1,336. 
 
 And Chief Justice Marshall, in delivering the opinion of 
 the Supreme Court in the case ex parte Bollman and Swart- 
 wout, uses this decisive language, in 4 Cranch, 95 : 
 
 " It may be worthy of remark, that this act, (speaking of 
 the one under which I am proceeding.) was passed by tho 
 First Congress of the United States, sitting under a Consti- 
 tution which had declared 'that the privilege of the writ of 
 habeas corpus should not be suspended vTnless when, in 
 cases of rebellion or invasion, the publicsafety may reqiiire 
 it.' Acting under the immediate influence of this injunc- 
 tion, they must have felt with peculiar force the obligation 
 of providing eflicient means by which this great constitu- 
 tional privilege should receive life aud activity ; for if the 
 means be notin existence, the privilege itselfwould be lost, 
 although no law for its suspeniioa should be enacted. Un- 
 der the impression of this oblijation they give to all the 
 courts the power of awarding writs of habeas corpus." 
 
 And again, in page 101: 
 
 " If at any time "the public safety should require the sus- 
 pension of the powers vested by this act in the courts of the 
 United States, it is for the Legislature to say so. That 
 question depends on poltical cou-sidcriaions, on which tho 
 Legislature is to decide. Until the legislative will be ex- 
 pressed, this court can only see its duty, and must obey 
 the laws." 
 
 I can add nothing to these clear and emphatic words of 
 my great predecessor. 
 
 But tho documents before me show that the military au- 
 thority ia this case has gone far beyond the mere suspension 
 of tho privilege of the writ of habeas corpus. It has, by 
 force of arms, thrust aside the jutUcial authorities and oflicers 
 to whom tho Constitution has confided tho power and duty 
 of interpreting and administering tho laws, and substituted 
 a military government in its place, to be administered and 
 executed by miUtary officers. For at the time those pro- 
 ceedings were had against John Merryman, the District 
 Judge of Maryland— the commissioner appointed under the 
 act of Congress— the District Attorney aud the Marshal, all 
 resided in the city of Baltimore, a few miles only from the 
 home of the prisoner. Up to that time there had never been 
 
158 
 
 ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 the slightest resistance or obstniction to the process of any 
 court or judicial oflicer of the United States in Maryland, 
 except by the military authority. And if a military officer, 
 or any other poreon, had reason to believe that the prisoner 
 had committed any otTenso against the laws of the United 
 States, it was his duty to ^vc information of the fact and the 
 evidence to support it to the District Attorney, and it would 
 then have become the duty of that officer to bring the matter 
 before the District Judge or Commissioner, and if there was 
 Bufficient legal evidence to justify liis arrest, the Judge or 
 Commissioner would have issued his wairant to the Marshal 
 to arrest him, and, upon the hearing of the party, would 
 have held him to bail, or committed liim for trial, according 
 to the character of the offense as it appeared in the testi- 
 mony, or would have discharged him immediately if there 
 ■was not sufiicient evidence to support the accusation. There 
 Wiis no danger of any obstruction or resistance to the action 
 of the civil authorities, and therefore no reiison whatever for 
 the interposition of the military. And yet, under these cir- 
 cimistances, a military officer, stationed in Pennsylvania, 
 without giving any information to the District Attorney, 
 and without any application to the judicial authorities, as- 
 sumes to himself the judicial power in the distiict of Mary- 
 land; undertakes to decide what constitutes the crime of 
 treason or rebellion ; what evidence (if, indeed, he requued 
 any) is sufficient to support the accusation and justify the 
 commitment; and commits the party, without having a hear- 
 ing even before himself, to close custody in a strongly gar- 
 risoned fort, to be there held, it would seem, during the 
 pleasure of those who committed hini. 
 
 The Constitution provides, as I have before said, that 
 " no person shall be deprived of life, liberty, or property, 
 without due process of law." It declares that " the right 
 of the people to bo secure in their persons, houses, papers, 
 and efi'eets against unreasonable searehis and seizures 
 shall not be violated, and uo warrant shall issue but upon 
 probable cause, supported by oath or affirmation, and par- 
 ticularly describing the place to be searched and the per- 
 sona or things to be seized." It provides that the party 
 accused shall bo entitled to a speedy trial in a court of 
 justice. 
 
 And these great and fundamental laws, which Congress 
 itself could not suspend, have been disregarded and sus- 
 pended, like the writ of habeas corpus, by a military order, 
 supported by force of arms. Such is the case now before 
 me ; and I can only say that if the authority which the 
 Constitution has confided to the judiciary department and 
 judicial officers may thus upon any pretext or under any 
 circumstances be usurped by the military power at its dis- 
 cretion, the people of the United States are no longer 
 living under a Government of laws, but every citizen holds 
 life, libej-ty, and property at the will and pleasure of the 
 army ofncer in whose military district he may happen to 
 be found. 
 
 In such a case my duty was too plain to be mistaken. I 
 have exercised all the power which the Constitution and 
 laws confer on me, but that power has been resisted by a 
 force too strong for me to overcome. It is possible that 
 the officer who had incurred this grave responsibility may 
 have misunderstood his instructions, and exceeded the 
 authority intended to be given him. I shall, therefore, 
 order all the proceedings in tliis case, with my opinion, to 
 be filed and recorded in the Circuit Court of the United 
 States for the District of JIaryland, and direct the clerk to 
 transmit a co[)y, under seal, to the President of the United 
 States. It will then remain for that high officer, in fulfil- 
 ment of his constitutional obligation to " take care that 
 the laws be faithfully executed," to determine what meas- 
 ures he will take to cause flio civil process of the United 
 States to be respected and enforced. 
 
 R. B. TANEY, 
 C^ief Justice of Che Supreme Court of the United iSlates. 
 
 OPINION OF ATTORNEY GENERAL BATES ON THE 
 president's power to arrest SUSPECTED 
 PERSONS, AND SUSPEND THE WRIT OF HABEAS 
 CORPUS. 
 
 Attorney General's Office, July .5, 1861. 
 
 Sir: You have required my opinion in writing upon the 
 following questions : 
 
 " I. In the present time of a great and dangerous insur- 
 rection, has the President the discretionary power to cause 
 to be arrested and held in custody persons known to have 
 criminal intercourse with the insurgents, or persons against 
 whom there is probable cause for suspicion of such criminal 
 complicity ? 
 
 " II. In such cases of arrest is the President justified in 
 refusing to obey a writ of habeas corpus issued by a court 
 or a judge, requiring him or his agent to produce the body 
 of the prisoner, and show the cause of his caption and de- 
 tention, to bo adjudged and disposed of by such court or 
 judge?" 
 
 To make my answer to these questiona at once consistent 
 and plain, I find it convenient to advert to the great prin- 
 ciple of government as recognized and acted upon in most, 
 if not all, the countries in Europe, ;md to mark the differ- 
 ence between that principle and the great principle which 
 Ues at the bottom of our National Government. 
 
 ilost Enropea:i writers upon government assume, ex- 
 press.y or by implication, that every national Government 
 is, and must be, the full expression and representation of 
 the nation which it governs, armed with ;. II its powers, and 
 able to assert all its rights. In England, the form of whose 
 Government more nearly approximates our own, and where 
 the rights, interests, and powers of the people are more 
 respected and cared for than in most of the nations of the 
 European continent, it has grown into an axiom that " the 
 Parliament is omnipotent," that is, that it can doany- 
 thing that is possible to be done by legislation or by judg- 
 ment. For all the ends of Iho Government tlie Parliament 
 is the nation. Moreover, in Europe generally, the sover- 
 eignty is vested visibly in some designated man or set of 
 men, so that the subject people can see their sovereign as 
 well as feel the workings of his power. But in this coun- 
 try it has been carefully provided otherwise. In the foi> 
 niation of our national Government our fathers were sur- 
 rounded with peculiar difficulties, arising out of their novel, 
 I may say unexampled, condition. In resolving, to break 
 the ties which had bound them to the British Empire, 
 their complaints were leveled chiefly at the King, not the 
 Parliament nor the people. They seem to have been ac- 
 luated by a special dread of the unity of power, and hence, 
 in framing the Constitution, they preferred to talce the 
 risk of leaving somegood undone, for lack of power in the 
 agi nt, rather than arm any governmental officer with such 
 great powers for evil as are implied in the dictatorial 
 charge to " see that no damage cornea to the common- 
 wealth." 
 
 Ilence, keeping the sovereignty always out of sight, they 
 adopted the plan of " checks and balances," forming separate 
 departments of government, and giving to each department 
 separate and limited powers. These departments are co- 
 ordinate and coequal ; that is, neither being sovereign, each 
 is independent in its sphere, and not subordinate to the 
 others, either of them or both of them together. We have 
 three of these co-ordinate dep;irtments. Now, if we allow 
 one of the three to determine the extent of its own powers, 
 and also the extent of the powers of the other two, thatono 
 can control the whole Government, and has in fact achieved 
 he sovereignty. 
 
 We ought not to say that our system is perfect, for its de- 
 fects (perhaps inevitable in all human things) are obvious. 
 Our fathers having divided the Government into co-ordinate 
 departments, did not even try (and if they had tiied would 
 probably have failed) to create an arbiter among them to ad- 
 judge their conflicts and keep them within their respective 
 boimds. They were left, by design, I suppose, each indepen- 
 dent and free to act out its ovvn granted powers, without 
 any ordained legal superior possessing tho power to revise 
 and reverse the action. And this with the hope that the 
 three departments, mutually coequal and iudepcndent, would 
 keep each other within their proper spheres by their mutual 
 antagonism ; that is, by the system of checks and balances 
 to which our fathers were driven at tho beginning by their 
 fear of tho unity of power. 
 
 In this view of the subject, it is quite possible for the same 
 identical question (not case) to come up legitimately before 
 each one of the three departments, and bo determined in 
 three different ways, and each decision stand irrevocable, 
 binding upon the parties to each case ; and that for tho sim- 
 ple reason that tho departments are co-orcUnate, and there is 
 no ordained legal superior with power to revise and reverse 
 their decisions. 
 
 To say that the departments of our Government are co- 
 orchnate is to say that the judgment of one of them is not 
 binding upon the otiier two aa to tho .■irgnmcnts and princi- 
 ples involved in the judgment. It binds only the parties to 
 tho case decided. But it; admitting that thedepartments of 
 Government are co-ordinate, it bo still contended that the 
 principles adopted by one department, in deci<hng a case 
 properly before it, are binding upon another department, 
 that obUgation must of necessity be reciprocal; that is, if the 
 President be bound by the principles laid down by the Judi- 
 ciary, so also is tho Judiciary bound by tho principles laid 
 down by tho President. And thus wo shall liave a theory of 
 constitutional governmentflatlycontradictingitself. Dnpart- 
 ments co-ordinate and coequal, and yet reciprocally subordi- 
 nate to each other I That cannot bo. Tho several depart- 
 ments, though far from sovereign, are froo and independent, 
 in the exercise of tho limited powers granted to them respect- 
 ively by tho Constitution. Oiu- Government, indeed, as a 
 whole, is not vested with the sovereignty and does not pos- 
 sess all the powers of the nation. It has no powers but such 
 as are granted by tho Coustittition; and many powers are 
 expressly withheld. The nation certjiinly is coequal with all 
 other nations, and has equal powers, but it h;*a not chosen to 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 159 
 
 delegate all its powers to tliis Goverivment, In any or all its 
 flppartments. 
 
 The Government, as a whole, is liraitccl; and limited in all 
 its departments. It is the especial function of the judiciary 
 to hear and determine cases, not to "establish principles," 
 nor "settle questions," so as to conclude any person but the 
 parties and privies to the cases adjudged. Its powers are 
 specially granted and defined by the Constitution, article 3, 
 section 2: 
 
 "The judicial power shall extend to all cases in law and 
 equity arising under this Constitution, the laws of the Uni- 
 ted States, and treaties made and which shall be made under 
 their authority ; to all cases affecting ambassadors, other 
 ministers, and consuls; to all cases of admiralty and mari- 
 time jurisdiction; to controversies to which "the United 
 suites shall be a party; to controversies between two or 
 more States; between States and citizens of other States; 
 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 sulijects." 
 
 And that is the sum of ita powers, ample, and efficient for 
 all the purposesof distributive justice among iudi\idual par- 
 ties, but powerless to impose rules of action and of judgment 
 upon the other departments. Indeed, it is not itself bound 
 by its own decisions, for it can, and often does, overrule and 
 disregard them, as in common honesty it ought to do, when- 
 ever it finds, by its after and better "lights, that its former 
 judgments were vrong. 
 
 Of all the depai'tments of the Government the President 
 is the most active, and the most constant in action. He is 
 called " the Executive ;" and so in fact he is, and much more 
 also, for the Constitution has imposed upon him many im- 
 portant duties, and granted to him great powers wliich are 
 in their nature not executive — such as the veto power, the 
 power to send and receive ambassadors, the power to make 
 treaties, and the power to appoint officers. This last is not 
 more an executive power when used by the President than 
 it is when it is exercised by either House of Congress, by the 
 courts of justice, or b^ the people at large. 
 
 The President is a department of the Government, and, 
 although the only department which consists of a single 
 man, he is charged viith a gi-eater range and variety of pow- 
 ers and duties than any other department. Ho is a civil 
 magistrate, not a military chief; and in this regard we see a 
 striking proof of the generaUty of the sentiment prevailing 
 in this counti-y at the time of the formation of our Govern- 
 ment, to the effect that the military ought to be held in 
 strict subordination to the civil power; for the Constitution, 
 while it grants to Congress the unrestricted power to de- 
 clare war, to raise and support armies, and to provide and 
 maintain a navy, at the same time guards carefully against 
 the abuse of that power, by withholding from Congi-ess and 
 from the army itself the authority to appoint the chief com- 
 mander of a force so potent for good or evil to the State. 
 The Constitution provides that "the President shall be Com- 
 mander-in-t liief 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." And why is this? 
 Surely not because the President is supposed to be, or com- 
 monly is. in fact, a military man, a man skilled in the art 
 of war, and qualified to marshal a host in the field of battle. 
 No, it is for quite a different reason ; it is, that whatever 
 skillful soldier may lead our armies to victory against a for- 
 eign foe, or may quell a domestic insurrection, however high 
 he may raise his professional renown, and whatever martial 
 glory he may win, still he is suliject to tlie orders of the civil 
 magistrate, and he and liis army are always " subordinate 
 to the civil power." 
 
 And hence it follows that whenever the President, (.the 
 civil magistrate.) in the discharge of his constitutional 
 duty to "take care that the laws be faithfully executed," 
 has occasiog to use the army to aid him in the performance 
 of that duty, he does not thereby lose his civil character 
 and become a soldier, subject to military law, and liable to 
 be tried by a court-martial, any more than does a civil 
 Court lose its legal and pacific nature, and become military 
 and belligerent by calling out the power of the country to 
 enforce its decrees. Thecivil magistr,ates, whether judicial 
 or executive, must of necessity employ physical power to 
 aid them in enforcing the laws, whenever they have to 
 deal with disobedient and refractory subjects, and their 
 legal power and right to do so is unquestionable. The right 
 of the courts to call out the whole power of the country to 
 enforce their judgments is aa ol I as the common law ; and 
 the rijiht of the President to use force in the perf irmance 
 of his legal duties is not only inherent in his office, but 
 has been frequently recognized and aided by Congress. 
 One striking example of this is the act of Congress of 
 March 3, ISO", (2 Stat., 445.) which empowered the Presi- 
 dent, without the intervention of any court, to use the 
 marshal, and, if he be insufficient, to use the army, sunima- 
 rarily to expel intruders and squatters upon the public 
 lands. And that power has been fiequenlly exercised, 
 
 without, as far as I know, a question of its le^iality. To 
 call «3 is sometimes done, the judiciary tht civil power, 
 and the President the military power, seems to nie at once 
 a mistake of fact and an abuse of langu;ige. 
 
 While the judiciaiy and the President, .as departments 
 of the General Government, are co-ordioate, equal in dig- 
 nity and power, and equally trusted by the law in their 
 respective spheres, there is, nevertheless, a marked diver- 
 sity in the character of their functions and their modes of 
 action. The judiciary is, for the most part, passive. It 
 rarely, if ever, takes the initiative; it seldom or never be- 
 gins an operation. Its great function is judi;ment. and, in 
 the exercise of that function, it is confined almost exclu- 
 sively to cases not selected by itself, but made and submit- 
 ted by others. The President, on the contrary, by the very 
 nature of his office, is active; he must often ta'ce the ini- 
 tiative : he must begin operations. His great function is 
 execution , for ho is required by the Constitution (and he ia 
 the only department that is so required) to '-take care that 
 the laws (all the laws be faithfully executed ;" and in the 
 exercise of that function bis duties are co-extensive with 
 the laws of the land. 
 
 Often ho comes to the aid of tho judiciary in the execn- 
 tion of its judgments; and this is only a p;irt. :'iid a siiiall 
 part, of his constitutional duty, to take c: . ; 1 1 1 • r ; i ws 
 bo faithfully executed. I say it is a small i i ! liiy, 
 because for every instance in which the I'r ni s 
 
 the judgment of a court there are a bun Ir 1 ;■ ' n ■< in 
 which he executes the law without the intervention uf the 
 judiciary, and without referring at all to its functions. 
 
 I have premised this much in order to show the separate 
 and independent character of tho several departments of 
 our Government, and to indicate the inevitable differences 
 in their modes of action and the characteristic diversity of 
 the subjects upon which they operate; and all this as a 
 foundation for the answers which I will now proceed t<» 
 give to the particular questions propounded to mo. 
 
 As to the first question, I am clearly of opinion that, in 
 a time like the present, when the Tery existence of the na 
 tion is assailed by a great and dangerous insurrection, the 
 President has the lamul discretionary power to arrest 
 and hold in custody persons known to have criminal inter- 
 course with the insurgents, c r persons against whom there 
 is probable cause for suspicion of such criminal complicity. 
 And I think this position can be maintained, in view 
 of the principles already laid down, by a very plain argu- 
 ment. 
 
 The Constitution requires the President, before he enters 
 upon the execution of his office, to take an Oiith that he 
 "will faithfully execute the office of President of the 
 United States, and will, to the best of his ability, pre- 
 serve, protect, and defend the Constitution of the United 
 States." 
 
 The duties of the office comprehend all the executive 
 power of the nation, which is expressly vested in the Presi- 
 dent by the Constitution, (article 2, section 1,) and also all 
 the powers which are specially delegated to the President, 
 and yet are not, in their nature, executive powers; for 
 example, the veto power, the treaty-making power, the 
 appointing power, the pardoning power. These belong to 
 that cl.iss which in England are called prerogative powers, 
 inherent in tho Crown. And yet the framers of our 
 Constitution thought proper to preserve them and to vest 
 them in the President, as necessary to the good govern- 
 ment of the country. The executive powers are granted 
 generally and without specification; the powers not execu- 
 tive are granted specially, and for purposes obvious in the 
 context of the Constitution. And all these are embraced 
 within the duties of the President, and are clearly within 
 that clause of his oath which requires him to "faithfully 
 execute the office of President." 
 
 The last clause of the oath is peculiar to the President. 
 All the ether officers of Government aro requin-d to swear 
 only "to support, tins Constitution ;" wliil' f- ■ '>i- jifnt 
 must swear to " preserre, protect, and d; ! : im- 
 
 plies the power to perform what he is roi|ri> 11 I. in 
 
 a manner to undertake. And then follow. i i I ml 
 
 compendious injunction to "take ci- • t!i i ; I , , - i.c laiih- 
 fully executed." And this injiiiufi > ; is it does" 
 
 all the laws — Constitution, treati.<, i 1 1 : i : . iMicssed to 
 the President alone, and not to mv nih . .i ■ iitniunt or 
 office of the Government. And this ((instituts him, in a 
 peculiar manner, and above all other oflieers, the guardian 
 of tho Constitution — its preserver, protector, ami del' nder. 
 
 It is the plain dutv of the l>rp-Ment r.\n.\ ]iU p;ruliai 
 dut}', a'l.'V.' .iiM i' ;. -iM : A -:-, r .'-n,ul i n'- . r tlie Gov- 
 ernmnn 'r '..■•il ..•'•.'■ i i,:, i .■-■;!■ llie laws 
 
 all over lli i i , -i : ,: ■ ' ■■:! \- n ii . I ■ ;" ir him to 
 
 perform ihi- '.I'y \ \:', i , : ■ _ liwu r,''. IK m. insurrec- 
 tion, .■iiid all iiiilauiul .iiiiiiiiiatiuiis t.) r."^i>t Ilie Cetiend 
 Goveniiuent. The duty to suppress the itisiurction being 
 obvimis and imperative. tli<- two arts of ('unL'r.-.-. of 17'.t5 
 and 1S07, omie to his aid, and furnish the physical force 
 which he needs to suppress tho insui'rection and execute the 
 
160 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 laws. Those two acts authorize the President to employ for 
 ' tUiit purfjoso the nulitia, the army, and the navy. 
 
 The argument may be briefly Btated thus : It is the V 
 ideiifs bonnden duty to put down the insurrection, as, in 
 tiie langiuigc of the act of 179D, ihe " combinations are too 
 powerful to bo suppressed by thi- ordinary course of judicial 
 proceedings, or by the powers vested in the marshals." And 
 this duty is iniposed upon the President for the very reason 
 tliat the courts and the marshals are too weak to perform 
 it. The manner in which ho shall perform that duty is not 
 prescribed by any law, but tho means of performing it are 
 given in the; plain language of the statutes, and they are all 
 means of force— the militia, the Army, and tho Navy. Tho 
 end, the suppression of the insurrection, is required of him ; 
 the means and instruments to suppress it are lawfully in his 
 bands ; but the manner in which he shall use them is not 
 prescribed, and could not be prescribed, without a fore- 
 knowledge of all the future changes and contingencies of 
 tlie iiisiureotion. lie is therefore necessarily thrown upon 
 his disir( (ion as to the manner in which he will use his 
 means to meet the varying exigencies as they arise. If the 
 insurgents ass;ul the nation with an army he may find it 
 best to meet them with an army, and suppress the insm-rec- 
 tion on the field of battle. If they seek to prolong the re- 
 bellion and gather strength by intercourse with foreign 
 nations, he may choose to guard the coast and close the 
 ports with a navy, as one of the most efiicient moans to sup- 
 press the insurrection. And if they employ spies and emis- 
 saries to gather information, to forward secret supplies, and 
 to excite new insurrection!? in aid of the original rebellion, 
 he may find it both prudent and humane to arrest and im- 
 prison them. And this may be done either for the pm-pose 
 of bringing them to trial and condign punishment for their 
 crimes, or they may be held in custody for the milder end 
 of rendering them powerless for mischief until the exigency 
 
 In such a state of things the President must, of necessity, 
 be the sole judge, both of the exigency wliich requires him 
 to act, and of tlio manner in which it is most prudent for 
 him to employ the powers entrusted to him, to enable him 
 to discharge his constitutional and legal duty ; that is, to 
 suppress the insurrection and execute the laws. And this 
 discretionui-y power of the President is fully admitted by 
 tho Supreme Court in the case of Martin vs. Mott. (12 
 Wheaton's Reports, page 19 ; 7 Cm-tis, 10.) 
 
 This is a great power in the hands of the Chief Magis- 
 trate ; and because it is great, and is capable of being per- 
 verted to evil ends, its existence has been doubted or de- 
 nied. It is said to be dangerous in the hands of an ambi- 
 tious and wicked President, because he may use it for the 
 purposes of oppression and tyranny. Yes, certainly it is 
 diingerous ; all power is dangerous, and for the all-pervad- 
 ing reason that all power is liable to abuse; all the re- 
 cipients of human power are men, not absolutely virtuous 
 and wise. Still it is a power necessary to the piece and 
 safety of the country, and undeniably belongs to the Gov- 
 ernment, and therelore must be exercised by some depart- 
 ment or oificer thereof. 
 
 Why should this power be denied to the President, on 
 the ground of its liability to abuse, and not denied to the 
 other departments on the same ground ? Are they more 
 exempt than he is from the frailties and vices of humanity ? 
 Or are they more-trusted by the law than ho is trusted, in 
 their several spheres of action ? If it be said that a Presi- 
 dent may Oe ambitious and unscrupulous, it may be said 
 with equal truth that a legislature may be factious and 
 imprincipled, and a court may be venal and corrupt. But 
 these are crimes never to bo presumed, even against a 
 private man, and much less against any high and highly 
 trusted public functionary. They are crimes, however, 
 recognized aa such, and made punishable by the Constitu- 
 tion ; and whoever is guilty of them, whether a president, 
 a senator, or a judge, is liable to impeachment and condem- 
 nation. 
 
 As to the second question : Having assumed, in answering 
 tho first question, that the President has the legal discre- 
 tionary power to arrest and imprison persona who are guilty 
 of holding criminal intercourse with men engaged in a great 
 and dangerous insiirrection, or persons suspected with 
 " probable cause" of such criminal complicity, it might seem 
 unnecessary to go into any prolonged argument to prove 
 that in such a case the President is fully justified in refusing 
 to obey a writ of habeas corpus, issued by a court or judge, 
 commanding him to produce tlie body of his prisoner, and 
 state when ho took him, and by what authority, and for 
 what cause he detains him in custody, and then yield him- 
 Belf to judgment, "to do, submit to, :ind receive whatsoever 
 the judge or coiu-t, awarding tho ^vrit, shall consider in that 
 behalf." 
 
 If it is true, as I have assumed, that the President and the 
 Judiciary are co-ordinate departments of Uovcrnnniit, and 
 the one not subject to the other, I do not undi istiiml hdw 
 it can bo legally possible for a judge to issue a i oniiimiid to 
 the President to come before him ad subjiciendum, that ia to 
 
 submit implicitly to hia judgment, and, in case of disohe- 
 dience, treat him as a criminal, in contempt of a supeiior 
 authority, and punish him as for a misdemeanor, by fine and 
 imprisonment. It is no answer to say, as has sometimes been 
 said, that although the writ of habeas cm-pus cannot be issued 
 and enforced against the President himself, yet that it can be 
 against any of his subordinates; for that abandons the princi- 
 ple assumed, of giving relief in " all cases" of imprisonment, 
 by color of authority of the United States, and attempts to 
 take an untenable distinction between thr piisi n of tii- Pres- 
 ident and hia office and legal power. Tliil :,\v tiliis iio such 
 distinction, for it is no respecter of persons. 'J li>. r, , ,i,U.nt, 
 in the arrest and imprisonment of men, nni-f. .iliaust always, 
 act by subordinate agents; and yet the thing done is no less 
 his act than if done 1 ly his own hand. But it is possible for 
 the President to be in the actual custody of a prisoner, talien 
 in civil war, or m-rested on suspicion of being a secret agent 
 and abettor of rebellion, and in that case the writ must be 
 unavailing, unless it run against tho President himself. Be- 
 sides the whole subject-matter is political, and not judicial. 
 The insurrection itselt is purely political. Its o))joct is to 
 destroy the political government of this nation, and to es- 
 tablish another political government upon its ruins. And 
 the President, as tho chief civil magistrate of tho nation, 
 and tho most activ<» il-p irrnv>iit of th^ < iovj-rnTneiit, is emi- 
 nently and e.xclii ■ . ! '. . I ,■■; ;. I ji , -., 1 functions. 
 
 As the political I ; I i ,. ;', i , i i^jn charges 
 
 him with its pi-. m,u ..,,, vn.,,, i m, ,.;,,, i ,, ..■nsc, and re 
 quires him to taki- ruru iliai. ihe laws be luith) ally executed 
 And in that character, and by the aid of the acts of Congres 
 of 1795 and 1S07, he wages open war against armed rebel- 
 lion, and arrests and holds in safe custody those whom, in 
 the exercise of bis political discretion, he believes to be 
 li'iends of and accomplices in the armed insurrection, whicli 
 it is his especial ptrtitioal duty to suppress. He has no judi- 
 cial powers. And the Judiciary Department has no politi- 
 cal powers, and claims none, and therefore (as well as for 
 other reasons already assigned) no coiu't or judge can take 
 cognizance of the poUtical acta of the President, or under- 
 take to revise and reverse his political decisions. 
 
 The jurisdiction exercised under the writ of habeas cor- 
 pus is, in the nature of an appeal, (4 Cr. 75,) for, as far as 
 coucerns the right of the prisoner, the whole object of the 
 process is to re-examine and reverse or affirm tho acts of 
 the person who imprisoned him. And I think it will hardly 
 be seriously affirmed that a judge, at chambers, can enter- 
 tain an appeal, in any form, from a decision of the Presi- 
 dent of the United States, and especially in a case purely 
 political. 
 
 There is but one sentence in the Constitution which men- 
 tions the writ of habeas corpus — art. 1. sec. 9, clause x — 
 which is in these words : 
 
 " The privileges of the writ of habeas corpus shall not be 
 suspended unless when, in cases of rebellion or invasion, 
 the public safety may require it." 
 
 Very learned persons have differed widely about the 
 meaning of this short sentence, and I am by no means con- 
 fident that I fully understand it myself. The sententious 
 language of the Constitution, in this particular, must, I 
 suppose, be interpreted with reference to the origin of our 
 people, their historical relationsto themother country, and 
 their inchoate political condition at the moment.when our 
 Constitution was formed. At that time the United ttates, 
 as a nation, had no common law of its own, and no statu- 
 tory provision for the writ of habeas corpus. Still the peo- 
 ple, English by descent, even while in open rebellion 
 against the English Crown, claimed a sort of historical 
 right to tho forms of English law and the guarantees of 
 English freedom. They knew that the English Government 
 had, more than once, assumed the power to imprison whom 
 it would, and hold them, for an indefinite time, beyond the 
 reach of judicial examination; and they desired, no doubt, 
 to interpiise a guard against the like abuses in this coun- 
 try ; and hence the clause of the Constitution now under 
 consideration. But we must try to construe the words, 
 vague and indeterminate as they are, as we find them. 
 " The privilege of the writ of habeas corpus sliall not be 
 suspended," &c. Does that mean that the writ itself shall 
 not be issued, or that, being issued, tho party shall derive 
 no benefit from it ? Suspended — does that mean delayed, 
 hung up for a time, or altogether denied ? The writ of 
 habeas corpus — which writy In England there were many 
 writs called by that name, and used by the courts for the 
 more convenient exercise of tlieir various powers ; and our 
 own courts now, by acts of Congress — the Judiciary act of 
 1789, sec. 14, and tho act of March 2, 1833, sec. 7-^have, I 
 believe, equivalent powers. 
 
 It has been decided by the Supreme Court, and I doubt 
 not correctly — see Bollman Swartwout's case (4 Cr., 93) — 
 tliat "for tho meaning of the term habeas corpus resort 
 must bo had to the common law, but the power to award 
 the writ by any of tho coitrts of tlie United States must be 
 n by written law." And the same high Court, judging, 
 no doubt, by the history of our peojile and the circumstancea 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 IGl 
 
 of tho times, has o.lso deculod that the \vrit of Jiaheas corpus 
 nieutioned in the Constitution is tJie gi-cat writ ad sulijici- 
 eiidum. 
 
 That writ, in its nature, action, and objects, is tersely and 
 accurately described liy Sir AVilliam Elackstone. I adopt 
 his language, as found in his Commentaries, Book 3, p. 131 : 
 
 '■But the great and efficacious ■\\Tit, in all manner of ille- 
 gal confinement, 13 that of habeas coi-pus ad suijicienchim, 
 directed to the person detaining another and commanding 
 him to produce the body of the prisoner, with the day and 
 cause of his caption and detention, ad faciendum, subjicien- 
 dum et recipiendum, to d.n. sul'mit to, and receive whatsoever 
 tho judge or court avpr.liii':- pik Ii writshall consider in that 
 behalf. This is a hi h |; ' i \ > v>rit, and therefore by 
 
 the common law, i~ 1 : 1 . Court of King's Bench, 
 
 not only in terra tiiii .; it , :- . in l; the vacation by a fiat 
 from the Chief Justice ur any uil.rr of the judges, and nin- 
 niug into all parts of the King's dominions ; for tho King is 
 ut all times entitled to have an account why the liberty of 
 any of his sulyects is restrained, wherever that restraint 
 may be inflicted." 
 
 Such is the writ of habeas corpus, of which the Constitu- 
 tion declares that the privilege thereof shall not be sus- 
 pended except when, in cases of rebellion or invasion, the 
 public safety may require it. But the Constitution is silent 
 as to who may suspend it when the contingency happens. 
 I am aware that it has been declared by the Supreme Coiu-t 
 that " if, at any time, the public safety should require the 
 suspension of the powers vested by this act (meaning the 
 judiciary act of 1789, section 14) in the courts of the United 
 States, it is for the Legislature to say so. That question 
 depends upon political considerations, on which the Legis- 
 lature is to decide." Upon this I remark only that the 
 Constitution is older than the judiciary act, and yet it 
 speaks of the privilege of the writ of habeas corpus as a 
 thing in existence; it is in general terms, and docs not 
 speak with particular refesence to powers which might or 
 might not bo granted by a future act of Congress. Besides, 
 I take it for certain that, in the common course of legisla- 
 tion, Congress has power, at any time, torepcal the judi- 
 ciary act of 1789 and the act of 1833 (which grants to the 
 courts and to the judges tho power to issue the writs) with- 
 out waiting for a rebellion or invasion, and a consequent 
 public necessity, to justify, under the Constitution, the sus- 
 pension of the privilege of the wiit of habeas corpus. 
 
 The com't does not speak of suspending tho privilege of 
 the writ, but of suspending the powers vested in the com-t 
 by the act. The power to issue a writ can hardly be called 
 a privilege ; yet the right of an individual to invoke the 
 protection of his Government in that form may weU be de- 
 signated by that name. And I should infer, with a good 
 deal of confidence, that the Com-t meant to speak only of 
 its own powers, and not of the privilege of iuiUviduals, but 
 for the fact that tho court ascribe the power to suspend to 
 the Legislature upon poUtical grounds. It says " that ques- 
 tion depends upon political considerations, on which the 
 Legislature is to decide.-' Now, I had supposed that ques- 
 tion did not belong exclusively to the Legislature, because 
 they depend upon political considerations, inasmuch as the 
 President, in his constitutional and ofBcial duties, is quite as 
 political as is the Congress, and has daily occasion in the 
 common routine of affairs to determine questions upon polit- 
 ical considerations alone. 
 
 If by the phrase the suspension of the privilege of the 
 writ of habeas corpus, we must understand a repeal of all 
 pov.-er to issue the vviit, then I fi-eely admit that none but 
 Congress can do it. But if we are at liberty to understand 
 tho phrase to mean, that in case of a great and dangerous 
 rebeUion like the present, the pubUc safety requires the 
 arrest and confinement of persons imphcated in that rebel- 
 lion, I as freely declare tho opinion that the President 
 has lav/ful power to suspend the privilege of persons airested 
 inider such circumstances ; for he is especially charged by 
 tiie Constitution with the " public safety," and he is the sole 
 judge of the emergency which requires his prompt action. 
 
 This power in the President is no paa-t of his ordinary duty 
 in time of peace; it is temporary and exceptional, and was 
 intended only to meet a pressing enu;.; n y. v, ! 1 ihu judi- 
 ciary is found to be too weak to in=ui' li I :.il'i;ty — 
 when (in the language of the act 01 1 1 r(^ "are 
 
 '■combinations too powerful to be suiiii i 1 \ i!i ■• ;■ linary 
 
 course of judicial proceeding's, or by tho powers vested in the 
 marshals." Then and not till then, has he the lawful au- 
 thority to call to his aid the military power of the nation, 
 and with that power perform his great legal and constitu- 
 tional duty to suppress the insiuTection. And shall it be 
 said that when he has fought and captured the insurgent 
 army, and has seized their secret spies and emissaries, he is 
 bound to bring their bodies before any judge who may send 
 him a writ of habeas corpus, " to do, submit to, and receive 
 whatsoever the said judge shall consider iu that behalf?" 
 
 I deny that he is under any obligation to obey such a 
 writ, issued under such circumstances. And in maldng j 
 this denial I do but follow the highest judicial authority of 
 11 
 
 the nation. In tho case of Luther vs. Borden, (coTiimonly 
 called the Khode Island case.) reported in 7 I toward, page 1, 
 the Supreme Court discussed several of the most impor- 
 tant topics treated of in this opinion, and among them the 
 power of the President alone to decide whether the exigency 
 exists authorizing him to call out the militia under the 
 act of 1795. The court aflirmed tho power of tho Presi- 
 dent in that respect, and denied the power of tho court to 
 examine and adjudge his proceedings. The opinion of the 
 court, delivered by the learned Chief Justice T:;ney, dt>- 
 clares that if the court hacT that power, "then it would 
 become the duty of the court (provided that it came to tho 
 conclusion that the President had decided incorrectly) to 
 discharge those who were arrested or detained by the 
 troops in the service of the United States, or the GoTern- 
 ment which the President was endeavoring to maintain. II 
 (says that learne-d court) the jufUcial power extends so far, 
 the guarantee contained in the Constitution of the United 
 States (meaning, of course, protection against insurrection) 
 is a g-uarantee of anarchy and not of order." 
 
 ■Whatever I have said about the suspension of the privi- 
 lege of the writ of habeas corpus has been said in defer- 
 ence to the opinions of others, and not because I mysell 
 thought it necessary to treat of that subject at all in refer- 
 ence to the present posture of our national affairs. For. 
 not doubting the power of the President to capture and 
 hold by force insmgents in open arms against the Govern- 
 ment, and to arrest and imprison their suspected accom- 
 plices, I never thought of first suspending the writ oi 
 habeas corpus any more than I thought of first suspending 
 the writ of replevin before seizing arms and munitions 
 destined for tho enemy. 
 
 Tho power to do these things is in the hand of the Presi- 
 dent, placed there by the Constitution and the statute law 
 as a sacred trust, to be used by him in his best discretion 
 in the performance of his great first duty — to preserve, 
 protect, and defend the Constitution. And for any breach 
 of that trust he is responsible before the high court of im- 
 peachment, and before no other hximan tribunal. 
 
 The powers of the President falling within this general 
 cbiss have been several times considered by the judicially, 
 and have, I believe, been uniformly sustained, without mar 
 terially varying from the doctrines laid down in this opin- 
 ion. I content myself with a simple reference to the cases, 
 without encumbering this document, already too long, with 
 copious extracts. (The Khode Island case, 7 Uoward, 
 page 1 ; Fleming i-s. Page, 9 Howard, pngo G15 ; Cross vs. 
 Harrison, 16 Howard, page 189; the Santissima Trinidad, 
 7 Wheaton,page 305; Martin vs. JloU, 12 Wheaton, page 
 19.) 
 
 To my mind it is not very important whether we call a 
 particular power exercised by the President uijeace power 
 or a war power, for undoubtedly he is armed with both. 
 He is the chief civil magistrate of the nation, aud, being 
 such, and because he is sich. he is the constitutional com- 
 mander-in-chief of the army and navy; and thus, within 
 the limits of the Constitution, he rules in peace and com- 
 mands in war, and at this moment he is in the full exercise 
 of all the functions belonging to both these characters. Tho 
 civil administration is still going on in its peaceful course, 
 and yet we are in the midst of war — a war in which the 
 enemy is, far the present, dominant in many States, and 
 has his secret allies and accomplices scattered through 
 many other States which are still loyal and true: a war all 
 the more dangerous, and more needing jealous vigilance 
 and prompt action, because it is an internecine and not an 
 international war. 
 
 This, sir, is my opinion, the result of my best reflections 
 upon the questions propounded by you. Such as it is, it is 
 submitted with all possible respect, by your obedient ser- 
 vant, EDWARD BATES, Attorney General. 
 
 To the President. 
 
 VIEW OF HORACE BINNET. 
 
 From his pamphlet entitled " The Privilege 
 of the Writ of Habeas Corpus under the Con- 
 stitution," pages 51, 52 : 
 
 In this matter of suspension of the privilege of the Writ 
 of habeas corpus, the Constitution of the United States 
 stands in the place of tho English act of Parliament. It 
 ordains the suspension in the conilitioned cases, by the act 
 of the competent department — as Parliament does from time 
 to time. Neither is mandatory in suspending, but only 
 authoritative. Each leaves discretion to the executive 
 power. The dificrence is, that Parliament limits a time 
 and provides for the effect by technical terms. Tho Con- 
 stitution connects the suspension with tho time of rebellion, 
 and provides for the effect, as it did for the privilege, by 
 words that comprehend the right, and deny for a season the 
 enjoyment of it. 
 
 It "is further objected, that this is a most dangorong 
 power. It is, fortunately, confined to most dangerous times. 
 
162 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 fn Buch times the people generally are willinfi:, and are 
 of^'jii c;omiicUcd, to give up for a season, a portion of their 
 frecilom to preserve the rest; and fortunately again, it is 
 tliat portion of the people, for the most part, who like to 
 live on (lio margin of disobedience to the laws, whose free- 
 dom is most in danger. The rest are rarely in want of a 
 habeas corpus. 
 
 VIEW OF PROFESSOR THEOPHILUS PARSONS. 
 
 The Bostoa Daily Advertiser of June 5, 18G1, 
 contained a summary of the lecture on the 
 question raised respecting the right and power 
 of the Executive branch of the Government to 
 suspend the writ of haheas corpus in certain 
 emergencies, of which this is a part: 
 
 The Constitution of the VmU-a State*, nrt. 1, sec. 9, n. 2) 
 provides that "the privilege c4' ihc' v, lit of /witeas corpus 
 Bhull not be suspended unless wlirn. in c:i~i's of rebellion or 
 invasion, the public safety may reiiuire it." And many of 
 the State constitutions have similar provisions. A fair in- 
 ference 'from this is that the right to habeas corpus may bo 
 suspended, or, what is the same thing, martial law may be 
 declared and exercised " in cases of rebellion or invasion, 
 when the public safety may require it." 
 
 The first and most important question is, who may de- 
 cide when the exigency occiurs, and who may, if it occurs, 
 declare martial law. On this point I have myself no doubt. 
 The clause on this subject is contained in the first article 
 of the Constitution, and this article relates principally to 
 Congress. Nor can there be any doubt that Congress may, 
 when the necessity occurs, suspend the right to the WTit of 
 ]iabeas corpus, or, which is the same thing, declare or !iu- 
 thorize martial law. The question is, has the President this 
 power? The Constitution does not expressly give this 
 power to any department of Government, nor docs it ex- 
 pressly reserve it to Congress, although, in the same article, 
 it does make this express reservation as to some of the 
 provisions contained In the article. This may bo a mere 
 accidental omission, but it seems to me more reasonable 
 and more consonant with the principles of legal interpre- 
 tation to infer from it an absence of iutention to confine it 
 to Congi-ess. And I am confirmed in this opinion by the 
 nature of the case. 
 
 The very instances specified as those in which the right 
 to habeas corpus may be suspended (invasion and rebellion) 
 are precisely those in which the reasons for doing so may 
 come suddenly, the necessity of determination be immedi- 
 ate, and a certainty exist that the suspension will bo use- 
 le.ss, and the whole mischief which the suspension might 
 prevent take place if there be any dclaj'. To guard against 
 the suspension by limiting the cases, as is done, seems to 
 me wise ; to obstruct it by requiring the delay necessarily 
 arising from legislative action would seem to be unreason- 
 able. It is true that my construction gives to the Pres- 
 ident, in the two cases of rebellion and invasion, a vast 
 power ; but so is all military power. It is a vast power to 
 send into .a rebellious district 15,000 sokhers, as 'Wasiiin;;- 
 ton did, whoso duty it would be to meet the iclifls, and, if 
 necessary, kill as many as they could. But it was a jiowi r 
 which belonged to him, of necessity, as President ; and so, 
 I think, did the power of martial law. If it did not, then, 
 when his troops had captured the iirmed rebels whom they 
 were sent to subdue, the nearest magistrate who could issue 
 a writ of habeas corpus might have summoned the officer 
 having them in charge to bring them before him, and might 
 have liberated them at once to fight again, and this as often 
 as they w ere captured, until a law could be passed by Con- 
 gress. 
 
 If the power belongs to the President, he may exercise it 
 at liis discretion, when either invasion or rebellion occurs, 
 subject, however, to two qualifications. One, a universal 
 one, applicable to his exercise of every power. If ho abuses 
 it, or exercises it wrongfully, he is liable to impeachment. 
 The other is more a matter of discretion or propriety. I 
 suppose that ho would of course report his doings in such a 
 matter to Congress when he could, and be governed by 
 their action. 
 
 My conclusion is, therefore, that in case of invasion from 
 abroad or rebellion at home, the President may declare, or 
 exercise or authorize, martial law at his discretion. 
 
 ARREST OF CLEMENT L. VALLANDIGHAM. 
 
 Major General Burnside, comminding De- 
 partment of the Ohio, issued on the 13th of 
 April, 18G3, General Order No. 38, announcing 
 that hereafter ''all persons found within our 
 lines who commit acts for the benefit of the 
 enemies of our country will be tried as spies 
 or traitors, and, if convicted, will s iffer death." 
 
 It was added : "The habit of declaring sympa- 
 thies for the enemy will not be allowed in this 
 department. Persons committing such offences 
 will be at once arrested, with a view to being 
 tried, as above stated, or sent beyond our lines 
 into the lines of their friends. It must be dis- 
 tinctly understood that treason, expressed c: 
 implied, will not be tolerated in this depart- 
 ment." 
 
 18G3, May 4 — Mr. Vallandigham was ar- 
 rested for violation of this order — charged with 
 " publicly expressing sympathy for those in arms 
 against the Government of the United States, 
 and declaring disloyal sentiments and opinions, 
 with the object and purpose of weakenitf^ the 
 power of the Government in its efforts to sup- 
 press an unlawful rebellion." The specifica- 
 tion alluded to his speech on or about May 1, 
 1863, at Mount Vtrnon, O. 
 
 May 16 — The evidence having been heard, 
 the ('ourt — Brigadier General R. B. Potter pre- 
 siding — found him guilty of the charge, and not 
 guilty as to part, and guilty as to part, of the 
 specification. 
 
 He was sentenced to be placed in close con- 
 finement in some fortress of the United States, 
 to be designated by the commanding officer of 
 this Department, there to be kept during the 
 continuance of the war. General Burnside 
 designated Fort Warren, Boston harbor. 
 
 May 19 — The President directed * that Mr. 
 Vallandigham be taken, under secure guard, to 
 the headquarters of General Rosecrans, to be 
 put by him beyond our military lines ; and that, 
 in case of his return within our lines, he be 
 arrf sted and kept in close custody for the term 
 specified in his sentence. 
 
 This order was executed, but Mr. Vallan- 
 digham very soon ran the blockade at Wilming- 
 ton, N. C, and went to Canada, remaining at 
 Windsor. 
 
 On the 5th of May, 1863, Mr. Vallandigham 
 applied through counsel to Judge Leavitt, of 
 the Circuit Court of the United States at 
 Cincinnati, for a writ of habeas corpus, to which 
 Gen. Burnside responded with a letter detail- 
 ing the case and justifying his action. The 
 application was argued at length, and was re- 
 fused by the judge, who said that the legality 
 of the arrest depends upon the extent of the 
 necessity for making it, and that was to be 
 determined by the military commander. He 
 added : 
 
 Men should know and Lay the truth to heart, that there 
 is a coiuso of conduct not involving overt treason, and not 
 therefore subject to punishment as such, which, neverthe- 
 less, impUes moral guilt, and a gross offence against the 
 country. Those who live under the protection and enjoy 
 the blessings of our benignant Government, must learn that 
 they cannot stab its vitals with impunity. If they cherish 
 
 * This is a copy of the order ; 
 
 United States Military Telegkaph, 
 [Cipher.] May 19, 18G3. 
 
 \Bij telegraph from, Washington, 9.40 p. m., 1803.] 
 To Maj. Gen. Burnside, 
 
 Commanditig Department of Ohio : 
 Sir : The President directs that, without delay, yon send 
 C. L. Vallandigham, under secure guai'd, to the headquar- 
 ters of (ieueral Rosecrans, to be put by him beyond our 
 military lines, and in case of his return within our lines he 
 bo arrested and kept in close custody for the term specified 
 in his sentence. 
 
 By order of the President : 
 
 E. R. S. CANBY, 
 Brigadier General and A. A. G. 
 
ADMINISTRATION OF AERjiHAM LINCOLN. 
 
 103 
 
 hatTpJ and hostility to it, and dem-o its subversion, let them 
 withdraw from its jurisdiction, and sock the fellowship and 
 I>r,t^' tion of those with whom they are in sympathj'. If 
 thjy remain with us, while they are uot of us, tlioy must be 
 Bui ijjct to such a course of donling as the grtct Bw of self- 
 preaer\atiou prescribes and will enforce. And let them not 
 complain if tho stringent doctrine of military necessity 
 should lind them to bo the legitimate subjects of its action. 
 I have no fear that tho recognition of this doctrine will lead 
 to an arijitrary invasion of the personal secm'ity or personal 
 liberty of th.e citizen. It is rare indeed that a charge of dis- 
 loyalty v.-iil be mad" on insnfiicient grotmds. But if there 
 should li/ :\]\ ■'■■'■: ■}■■] inisfcike, such an occurrence is not 
 tobcimti.:' :i i with the preservation of the nation; 
 
 and I eon : ' i '" . . ! ■ moved by the eloquent appeals 
 of tliose \, li . \ :.; Ill V indignantly denounce violation of 
 personal lijcrty. lnuk with no horror upon a despotism as 
 unmitigated as the world bus ever witnessed. 
 
 CORRESPONDENCE BETWEEN NEW YORK DEMO- 
 CRATS AND PRESIDENT LINCOLN. 
 
 Letter of the Committee and Resolutions. 
 Albany, ATai/ 19, 1863. 
 To his Excellency the President of the United St.\tes : 
 
 The undersigned, officers of a public meeting 
 held at tlie city of Albany on the IGth day of 
 May instant, herewith transmit to your Excel- 
 lency a copy of the resolutions adopted at the 
 said meeting, and respectfully request your 
 earnest consideration of them. They deem it 
 proper on their personal responsibility to state 
 that the meeting was one of the most respecta- 
 ble as to numbers and character, and one of the 
 most earnest in the support of the Union, ever 
 held in this city. 
 
 Yours, with great regard, 
 
 ERASTUS CORNING, President. 
 
 ELI PERRY, Vica President. 
 
 PETER GANSEVOORT, Vice President. 
 
 PETER MONTEITH, Vice President. 
 
 SAMUEL W. GIBBS, Vice President. 
 
 JOHN NIBLACK, Vice President. 
 
 H. W. McCLELLAN, Vice President. 
 
 LEMUEL W. RODGERS, Vice President. 
 
 WILLIA3I SEYMOUR, Vice President. 
 
 JEREMIAH OSBOEN, Vice President. 
 
 WM. S. PADOCK, Fice President. 
 
 J. B. SANDERS, Vica President. 
 
 EDWARD MULCAHY, Vice President. 
 
 D. V. N. RADCLIFFE, Vice President. 
 
 WILLIAM A. RICE, Secretary. 
 
 EDWARD NEWCOMB, Secretary. 
 
 R. W. PECKHAM, Jr., Secretary. 
 
 M. A. NOLAN, Secretary. 
 
 JOHN R. NESSEL, Secretary. 
 
 C. W. WEEKS, Secretary. 
 
 Eesolutions adopted at the Meeting held in. Albany, N. Y., 
 on the IGth day of May, 1S63. 
 
 Resolved, That the Democrats of New York point to their 
 uniform course of action during the two years of civil war 
 through which wo have passed, to tho alacrity which they 
 have evinced in filling the ranks of the army, to their con- 
 tributions and sacrifices ; as the evidence of their patriot- 
 ism and devotion to the cause of our imperilled country. 
 Never in the history of civil wars has a government been 
 sustained with such ample resources of means and men as 
 the people have voluntarily placed in the hands of this 
 Administration. 
 
 Resolved, That, as Democrats, we are determined to 
 maintain this patriotic attitude, and despite of adverse and 
 disheartening circumstances, to devote all our energies to 
 sustain tho cause of the Union ; to secure peace through 
 victory, and to bring back the restoration of all the States 
 under tho safeguard of the Constitution. 
 
 Resolved, That while wo will not consent to be misappre- 
 hended upon these points, we are determined not to be 
 misunderstood in regard to others not less essential. We 
 demand that the Administration shall be true to the Con- 
 stitution ; shall recognize and maintain tho rights of the 
 States and tho liberties of the citizen; shall everywhere, 
 outside of the lines of necessary military occup.ation and 
 the scenes of insurrection, exert all its powers to maintain 
 the supremacy of the civil over military law. 
 
 Resolved, That, in view of these principles, we denotince 
 tho recent assumption of a military commander to seize 
 and try a citizen of Ohio, Clement L. Vallandigham, for no 
 
 I other reason than words addressed to a public meeting, in 
 criticism of the course of the Administration and in con- 
 demnation of the military orders of that general. 
 
 Resolved, That this assumption of power by a military 
 tribunal, if successfully asserted, not only abrogates tho 
 right of the people to assemble and discuss the affairs of 
 government, tho liberty of speech and of tho press, the 
 right of trial by jury, the law of evidence, and the privilege 
 of habeas corpus, but it strikes a fatal blow at the supre- 
 macy of law and the authority of the State and Federal 
 Constitutions. 
 
 Resolved, That the Constitution of the United States— 
 the supreme law of the land — has defined the crime of 
 treason against the United States to consist "only in levy- 
 ing war against them, or adhering to their enemies, giving 
 them aid and comfort," and has provided that " no person 
 shall be convicted of treason, unless on the testimony of 
 two witnesses to tho same overt act, or on confession iu 
 open court." And it further provides that " no person shall 
 bo held to answer for a capital or otherwise infamous crime, 
 unless on a presentment or indictment of a grand jury, ex- 
 cept in cases arising in the land and naval Ibrces, or in the 
 militia, when in actual service in time of war or public 
 danger;" and further, that "in all criminal prosecutions, 
 the accused shall enjoy the right of a speedy and public 
 trial by an impartial jury of the State and district wherein 
 the crime was committed." 
 
 Resolved, That these safeguards of the rights of the citi- 
 zen against the pretensions of arbitrary power were in- 
 tended more especially for his protection in times of civil 
 commotion. They were secured substantially to the Eng- 
 lish people, after years of protracted civil war, and were 
 adopted into our Constitution at the close of the revolu- 
 tion. They have stood the test of seventy-six years of trial, 
 under our republican system, under circumstances which 
 show that, while they constitute the foundation of all free 
 government, they are the elements of the endm-ing stabil- 
 ity of the republic. 
 
 Resolved, That in adopting the language of Daniel Webs- 
 ter, wo declare, " it is the ancient and undoubted preroga- 
 tive of this people to canvass public measxires and the 
 merits of public men." It is a " homebred right," a fireside 
 privilege. It had been enjoyed in every house, cottage, 
 and cabin in tho nation. It is as undoubted as the right of 
 breathing the air or walking on the earth. Belonging to 
 private life as a right, it belongs to public Life as a duty, 
 and it is the last duty which those whoso representatives 
 we are shall find us to abandon. Aiming at all times to bo 
 courteous and temperate in its use, except when the right 
 itself is questioned, we shall place ourselves on the extreme 
 boundary of our own right and bid defiance to any arm 
 that would move us from our ground. "This high consti- 
 tutional privilege we shall defend and exercise in all places 
 — in time of peace, in time of war, and at all times. Living, 
 we shall assert it ; and should we leave no other inheritance 
 to our children, by the blessing of God we will leave them 
 the inheritance of free principles, and the example of a 
 manly, independent, and constiti^onal defence of them." 
 
 Resolved, That in the election (^Governor Seymour, the 
 peopV3 of this State, by an emphat,jijmajoritj', declared their 
 condemnation of the system of aimfrary arrests and their 
 determination to stand by the Consytution. That the re- 
 vival of this lawless system can havebut one result : to di- 
 vide and distract the North, and destroy its confidence in 
 the purposes of the Administration. That we deprecate it 
 as an element of confusion at home, of weakness to our 
 armies in the field, and as calculated to lower the estimate 
 of American character and magnify the apparent peril of 
 our cause abroad. And that, regarding the blow struck at 
 a citizen of Ohio as aimed at tho rights of every citizen of 
 the North, we denounce it as against the spirit of our laws 
 and Constitution, and most earnestly call upon the Presi- 
 dent of tho United States to reverse the action of the mili- 
 tary tribunal which has passed a " cruel and unusual pun- 
 ishment" upon tho party arrested, prohibited in terms by 
 the Constitution, and to restore him to the liberty of which 
 he has bceen deprived. 
 
 Resolved, That the president, vice-presidents, and secre- 
 tary of tlus meeting be requested to transmit a copy of these 
 resolutions to his excellency the President of the United 
 States, witli the .assurauce of this meeting of their hearty 
 and earnest desire to support the Government in every con- 
 stitutional and lawful measure to suppress the existing 
 rebellion. 
 
 president lincoln s reply. 
 
 Executive Mansion, 
 Washington, June 12, 1863. 
 Hon. Erastus Corning, and others : 
 
 Gentlemen : Your letter of May 19, inclos- 
 ing th? resolutions of a public meeting held at 
 
1G4 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 Albany, New York, on the 16th of the same 
 month, was received several days ago. 
 
 The resolutions as I understand them are re- 
 solvable into two propositions — first, the ex- 
 pression of a purpose to sustain the cause of 
 the Union, to secure peace through victory, 
 and to support the Administration in every con- 
 s itutional and lawful measure to suppress the 
 rebellion; and secondly, a declaration of cen- 
 sure upon the Administration for supposed un- 
 constitutional action, such as the making of 
 military arrests. And, from the two proposi- 
 tions, a third is deduced, which is, that the 
 gentlemen composing the meeting are resolved 
 on doing their part to maintain our common 
 Government and country, despite the folly or 
 wickedness, as they may conceive, of any Ad- 
 ministration. This position is eminently pa- 
 triotic, and as such, I tliank the meeting, and 
 congratulate the nation for it. My own pur- 
 pose is the same; so that the meeting and 
 myself have a common object, and can have no 
 difference, except in the choice of means or 
 measures for effecting that object. 
 
 And here I ought to close ■ this paper, and 
 would close it, if there v^ere no apprehension 
 that more injurious consequences than any 
 merely personal to myself might follow the cen- 
 sures systematically cast upon me for doing 
 -what, in my view of duty, I could not forbear. 
 The resolutions promise to support me in every 
 constitutional and lawful measure to suppress 
 the rebellion ; and I have not knowingly em- 
 ployed, nor shall knowingly employ, any other. 
 But the meeting, by their resolutions, assert 
 and argue that certain militar-y arrests, and 
 proceedings following them, for which I am 
 ultimately responsible, are unconstitutional. 
 I think they are not. The resolutions quote 
 from the Constitution the definition of trea- 
 son, and also the limiting safeguards and 
 guarantees therein provided for the citizen 
 on trials of treason, and on his being held 
 to answer for capital or otherwise infa- 
 mous crimes, and, in criminal prosecutions, 
 .his right to a speedy and public trial by an 
 impartial jury. They proceed to resolve ''that 
 these safeguards of the rights of the citizen 
 against the pretensions of arbitrary power 
 were intended more especially for his protection 
 in times of civil commotion." And, apparently 
 to demonstrate the proposition, the resolutions 
 proceed : " They were secured substantially 
 to the English pccple after years of protracted 
 civil war, and weie adopted into our Constitu- 
 ti')n at the close of the revolution." Would not 
 the demonstration have been better, if it could 
 have been truly said that these safeguards had 
 been adopted and applied during the civil wars 
 and during our revolution, instead of after the 
 one and at the close of the other ? I, too, am de- 
 votedly for them after civil war, and before civil 
 war, and at all times, " except when, in cases 
 of rebellion or invasion, the public safety may 
 require" their suspension. The resolutions 
 proceed to tell us that these STfegiiards " have 
 stood the test of seventy-six years of trial, 
 under our republican system, under circum- 
 stances which show that while they constitute 
 the foundation of all free government, they are 
 
 the elements of the enduring stability of the 
 republic." No one denies that they have so 
 stood the test up to the beginning of the pres- 
 ent rebellion, if we except a certain occurrence 
 at New Orleans ; nor does any one question 
 that they will stand the same test much longer 
 after the rebellion closes. But these provisions 
 of the Constitution have no application to tt e 
 case we have in hand, because the arrests com- 
 plained of were not made for treason — that is, 
 not for the treason defined in the Constitution, 
 and upon the conviction of which the punish- 
 ment is death — nor yet were they made to hold 
 IDersons to answer for any capital or otherwise 
 infamous crimes; nor were the proceedings 
 following, in any constitutional or legal sense, 
 " criminal prosecutions." The arrests were 
 made on totally different grounds, and the pro- 
 ceedings following accorded with the grounds 
 of the arrests. Let us consider the real case 
 with whichwe are dealing, and apply to it the 
 parts of the Constitution plainly made for such 
 cases. 
 
 Prior to my installation here it had been in- 
 culcated that any State had a lawful right to 
 secede from the national Union, and that it 
 would be expedient to exercise the right when- 
 ever the devotees of the doctrine should fail to 
 elect a President to their own liking. I was 
 elected contrary to their liking; and, accord- 
 ingly, so far as it was legally possible, they had 
 taken seven States out of the Union, had seized 
 many of the United States forts, and had fired 
 upon the United States flag, all before I was 
 inaugurated, and, of course, before I had done 
 any official act -whatever. The rebellion thus 
 began soon ran into the present civil war ; and, 
 in certain respects, it began on very unequal 
 terms between the parties. The insurgents had 
 been preparing for it more than thirty years, 
 while the Government had taken no steps to re- 
 sist them. The former had carefully considered 
 all the means which could be turned to their 
 account. It undoubtedly was a well-pondered 
 reliance with them that in- their own unre- 
 stricted efforts to destroy Union, Constitution, 
 and law, all together, the Government would, in 
 great degree, be restrained by the same Consti- 
 tution and law from arresting their progress. 
 Their sympathizers pervaded all departments of 
 the Government and nearly all communities of 
 the people. From this material, under cover 
 of " liberty of speech," "liberty of the press," 
 and "habeas corpus," they hoped to keep on 
 foot amongst us a most efiicient corps of spies, 
 informers, suppliers, and aiders and abettors of 
 their cause in a thousand ways They knew 
 that in times such as they were inaugurating, 
 by the Constitution itself, the " habeas corpus " 
 might be suspended ; but they also knew they 
 had friends who would make a question as to 
 who was to suspend it ; meanwhile their spies 
 and others might remain at large to help on 
 their cause. Or if, as has happened, the Execu- 
 tive should suspend the writ, without ruinous 
 waste of time, instances of arresting innocent 
 persons might occur, as are always likely to oc- 
 cur in such cases ; and then a clamor could be 
 raised in regard to this, which might be, at 
 least, of some service to the insurgent cause. It 
 
ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 165 
 
 needed no Ycry keen perception to discover this 
 part of the enemy's programme, so soon as by 
 open hostilities their machinery was fairly put 
 in motion. Yet, thoroughly imbued with a 
 reverence for the guaranteed rights of individ- 
 uals. I was slow to adopt the strong measures 
 which by degrees I have been forced to regard 
 as being within the exceptions of the Constitu- 
 tion, and as indispensable to the public safety. 
 No'.hing is better known to history than that 
 courts of justice are utterly incompetent to such 
 cases. Civil courts are organized chiefly for 
 trials of individuals, or, at most, a few individu- 
 als acting in concert ; and this in quiet times, 
 and on charges of crimes well defined in the law. 
 Even in times of peace bands of horse-thieves and 
 robbers frequently grow too numerous and pow- 
 erful for ordinary courts of justice But what 
 comparison, in numbers, have such bands ever 
 borne to the insurgent sympathizers even in 
 many of the loyal States? Again, a jury too 
 frequently has at least one member more ready 
 to hang the panel than to hang the traitor. And 
 yet, again, he who dissuades one man from 
 volunteering, or induces one soldier to desert, 
 weakens the Union cause as much as he who 
 kills a Union soldier in battle. Yet this dis- 
 suasion or inducement may be so conducted as 
 to be no defined crime of which any civil court 
 would take cognizance. 
 
 Ours is a case of rebellion — so called by the 
 resolutions before me — in fact, a clear, flagrant, 
 and gigantic case of rebellion ; and the provi- 
 sion of the Constitution that ''the privilege of 
 the writ of habeas corpus shall not be suspended, 
 unless when in cases of rebellion or inva- 
 sion, the public safety may require it," is the 
 provision which specially applies to our pres- 
 ent case. This provision plainly attests the 
 understanding of those who made the Consti- 
 tution, that ordinary courts of justice are in- 
 adequate to " cases of rebellion"- — attests their 
 purpose that, in such cases, men may be held in 
 custinly -whom the courts, acting on ordinary 
 rules, would discharge. Habeas corpus does 
 not discharge men who are proved to be guilty 
 of defined crime : and its suspension is allowed 
 by the Cons; il at ion ou purpose that men may 
 be arrested and held who cannot be proved to 
 he guilty of defined crime, " when, in cases of 
 rebellion or invasion, the public safety may 
 require it.'' 
 
 This is precisely our present case — a case of 
 rebellion, wherein the public safety does re- 
 quire the suspension Indeed, arrests by pro- 
 cess of courts, aud arre?ts in cases of rebellion 
 do not proceed altogether upon the same basis. 
 The former is directed at the small ]>eroentage 
 of ordinary and contiuuous perpetration of 
 crime, while the latter is directed at sudden and 
 extensive uprisings against tlie Government, 
 ■which, at most, will succeed or fail in no great 
 length of time. In the latter case, arrests are 
 made, not so much for what has been doue. as 
 for what probably would be doue. The latter 
 is more for the preventive and less for the vin- 
 dictive than the former. In such cases the 
 ptirposes of men are much more easily under- 
 stood than in oases of oriliuary crime. The 
 man who stands by and says nothing when the 
 
 peril of his Government is discussed, cannot be 
 misunderstood. If not hindered, he is sure to 
 help the enemy; much more, if he talks am- 
 biguously — talks for his country with " buts" 
 and " ifs" and '• ands." Of how little value the 
 constitutional provisions I have quoted will be 
 rendered, if arrests shall never be n)ade un- 
 til defined crimes shall have been committed, 
 may be illustrated by a few notable cxauipies. 
 General John C. Breckinridge, General Robert 
 E. Lee, General ..oseph E. Johnston, General 
 John B. Magruder, General William B. Pres- 
 ton, General Simon B. Buckner, and Commo- 
 dore Franklin Bucbanan, now occupying the 
 very highest places in the rebel war service, 
 ■were all within the power of the Government 
 since the rebellion began, and were nearly as 
 well known to be traitors then as now. Un- 
 questionably if we had seized and held them, 
 the insurgent cause would be much weaker. 
 But no one of them had then committed any 
 crime defined in the law. Every one of them, 
 if arrested, would have been discharged on 
 habeas corpus were the writ allowed to oper- 
 ate. In view of these and similar cases, I 
 think* the time not unlikely to come when I 
 shall be blamed for having made too few arrests 
 rather than too many. 
 
 By the third resolution the meeting indicate 
 their opinion that military arrests may be con- 
 stitutional in localities where rebellion actually 
 exists, but that such arrests are unconstitu- 
 tional in localities where rebellion or insurrec- 
 tion does not actually exist. They insist that 
 such arresje shall not be made "outside of the 
 lines of necessary military occupation, and the 
 scenes of insurrection." Inasmuch, however, 
 as the Constitution itself makes no such distinc- 
 tion, I am unable to believe that there is any 
 such constitutional distinction. I concede that 
 the class of arrests complained of can be con- 
 stitutional only when, in cases of rebellion or 
 invasion, the public safety may require them; 
 and I insist that in such cases they are consti- 
 tutional ichercver the public safety does require 
 them ; as well in places to which they may pre- 
 vent the rebellion extending as in those where 
 it may be already p''^. ailing; as well «vhere 
 they may restrain mischievious interference 
 with the raising and supplying of armies to 
 suppress the rebellion, as where the rebellion 
 may actually be; as well where they may re- 
 strain the enticing men out of the army, as 
 where they would prevent mutiny in the anuy ; 
 equally constitutional at all places where they 
 will conduce to the public safety, as against 
 the dangers of rebellion or invasion. Take the 
 peculiar case mentioned by the meeting. It is 
 asserted, in substance, that Mr. Vallandigham 
 was, by a military commander, seized and tried 
 "for no other reason than words addressed to 
 a public meeting, in criticism of the course of 
 the Administration, and in condemnation of 
 the military orders of the general." Now, if 
 there be no mistake about this; if this asser- 
 tion is the truth and the whole truth ; if there 
 was no other reason for the arrest, then I con- 
 cede that the arrest was wrong. But the arrest, 
 as I understand, was made for a very different 
 reason. Mr, Vallandigham avows his hostility 
 
166 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 to the war on tlie part of the Union ; and his 
 arrest was made because he was laboring, with 
 some efl'ect, to prevent the raising of troops; 
 to encourage desertions from the army ; and to 
 leave the rebellion without an adequate militarj' 
 force to suppress it. lie was not arrested be- 
 cause he was damaging the political prospects 
 of the Administration, or the personal interests 
 of the commanding general, but because he was 
 damaging the army, upon the existence and 
 vigor of which the life of the nation depends. 
 He was warring upon the military, and this 
 give the military constitutional jurisdiction to 
 lay hands upon him. If Mr. Vallandigham 
 was not damaging the military power of the 
 country, then his arrest was made on mistake 
 of fact., which I would be glad to correct on 
 reasonably satisfactory evidence. 
 
 I understand the meeting, whose resolutions 
 I am considering, to be in favor of suppressing 
 the rebellion by military force — by armies. 
 Long experience has shown that armies cannot 
 be maintained unless desertion shall be pun- 
 ished by the severe penalty of death. The case 
 requires, and the law and the Constitution 
 Banction, this punishment. Must I shoot a 
 simple-minded soldier boy who deserts, while 
 I must not touch a hair of a wily agitator who 
 induces him to desert? This is none the less 
 injurious when effected by getting a father, or 
 brother, or friend, into a public meeting, and 
 there working upon his feelings till he is per- 
 suaded to write the soldier boy that he is fight- 
 ing in a bad cause, for a wicked Administration 
 of a contemptible Government, too g'eak to ar- 
 rest and punish him if he shall desert. I think 
 that, in such a case, to silence the agitator and 
 S3ve the boy is not only constitutional, but 
 withal a great mercy. 
 
 If I be wrong on this question of constitu- 
 tional power, my error lies in believing that 
 certain proceedings are constitutional when, in 
 cases of rebellion or invasion, the public safety 
 requires them, which would not be constitu- 
 tional when, in absence of rebellion or invasion, 
 the public safety does not require them : in 
 other words, that the Constitution is not, in its 
 appliciitioD, in all respects the same, in cases 
 of rebellion or invasion involving the public 
 safety, as it is in times of profound peace and 
 public security. The Constitution itself makes 
 the distinction; and I can no more be per- 
 suaded that the Government can constitution- 
 ally take no strong measures in time of rebel- 
 lion, because it can be shown that the same 
 could not be lawfully taken in time of peace, 
 than I can be persuaded that a particular drug 
 is not good medicine for a sick man t)ecause it 
 can be shown to not be good food for a well one. 
 Nor am I able to appreciate the danger appre- 
 hended by the meeting, that the American peo- 
 ple will, by means of military arrests during 
 the rebellion, lose the right of public discus- 
 sion, the liberty of speech and the press, the 
 law of evidence, trial by jury, and habeas corpus, 
 throughout the iuderuiite peaceful future, which 
 I trust lies before them, any more than I am 
 able to believe that a man could contract so 
 strong an appetite for emetics during tem- 
 porary illness as to persist in feeding upon 
 
 them during the remainder of his healthful 
 life. 
 
 In giving the resolutions that earnest consid- 
 eration which you request of me, I cannot over- 
 look the fact that the meeting speak as '-Demo- 
 crats." Nor can I, with full respect for their 
 known intelligence, and the fairly presumed 
 deliberation with which they prepared their 
 resolutions, be permitted to suppose that this 
 occurred by accident, or in any way other than 
 that they preferred to designate themselves 
 " Democrats" rather than "American citizens." 
 In this time of national peril I would have pre- 
 ferred to meet you on a level one step higher 
 than any party platform ; because I am sure 
 that, from such more elevated po ition, we 
 could do better battle for the country we all 
 love than we possibly can from those lower 
 ones where, from the force of habit, the preju- 
 dices of the past, and selfish hopes of the future, 
 we are sure to expend much of our ingenuity 
 and strength in finding fault with, and amingf 
 blows at, each other. But, since you have de- 
 nied me this, I will yet be thankful, for the 
 country's sake, that not all Democrats have 
 done so. He on whose discretionary judgment 
 Mr. Vallandigham was arrested and tried is a 
 Democrat, having no old party affinity with me; 
 and the judge who rejected the constitutional 
 view expressed in these resolutions, by refusing 
 to discharge Mr. Vallandigham on habeas corpus, 
 is a Democrat of better days than these, having 
 received his judicial mantle at the hands of 
 President Jackson. And still more, of all those 
 Democrats who are nobly exposing their lives 
 and shedding their blood on the battle-field, I 
 have learned that many approve the course 
 taken with Mr. Vallandigham, while I have not 
 heard of a single one condemning it. I cannot 
 assert that there are none such. And the name 
 of President Jackson recalls an instance of per- 
 tinent history. After the battle of New Orleans, 
 and while the fact that the treaty of peace had 
 been concluded was well known in the city, but 
 before official knowledge of it liad arrived. Gen- 
 eral Jackson still maintained martial or military 
 law. Now, that it could be said the war was 
 over, the clamor against martial law, which had 
 existed from the first, grew more furious. 
 Among other things a Mr. Louaillier published 
 a denunciatory newspaper article. General 
 Jackson arrested him. A lawyer by the name 
 of Morel procured the U. S. Judge Hall to order 
 a writ of habeas corp)us to relieve Mr. Louaillier. 
 General Jackson arrested both the lawyer and 
 the judge. A Mr. Hollander ventured to say of 
 some part of the matter that " it was a dirty 
 trick." General Jackson arrested him. When 
 the officer undertook to serve the writ oi habeas 
 corpus. General Jackson took it from him, and 
 sent him away with a copy. Holding the judge 
 in custody a few daj's, the general sent him 
 beyond the limits of his encampment, and set 
 him at liberty, with an order to remain till the 
 ratification of peace should be regularly an- 
 nounced, or until the British should have left 
 the southern coast. A day or two more elapsed, 
 the ratification of the treaty of peace was regu- 
 larly announced, and the judge and others were 
 fully liberated. A few days more and the judge 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 167 
 
 c.aiipd GpueralJi^ckson into court and fined him 
 CU 000 for having arrested him and the others 
 named The General paid the fine, and there 
 the matter rested for nearly thirty years, when 
 Congress refunded principal and interest. The 
 bUe Senator Douglas, then in the House of 
 Representatives, tooli a leading .part in the de- 
 bates, in which the constitutional question was 
 much discussed. I am not prepared to say 
 whom the journals would show to have voted 
 for the measure. 
 
 It may be remarked : First, that we had the 
 same Constitution then as now ; secondly, that 
 we then had a case of invasion, and now we 
 have a case of rebellion ; and, thirdl}', that the 
 permanent right of the people to public dis- 
 cussion, the liberty of speech and of the press, 
 the trial by jury, ihe law of evidence, and the 
 habeas corpus, suffered no detriment whatever 
 by that conduct of Gen. Jackson, or its subse- 
 quent approval by the American Congress. 
 
 And yet, let me say, that in my own discre- 
 tion, I do not know whether I would have 
 ordered the arrest of l\Ir. Vallandigham. While 
 I cannot shift the responsibility from myself, I 
 hold that, as a general rule, the commander in 
 the field is the better judge of the necessity in 
 any particular case. Of course, I must prac- 
 tice a general directory and revisory power in 
 the matter. 
 
 One of the resolutions expresses the opinion 
 of the meeting that arbitrary arrests will have 
 the effect to divide and distract those who 
 should be united in suppressing the rebellion, 
 and I am specifically called on to discharge Mr. 
 Vallandigham. I regard this as, at least, a fair 
 appeal to me on the expediency of exercising a 
 constitutional power which I think exists. In 
 response to such appeal I have to say, it gave 
 me pain when I learned that Mr. Vallandigham 
 had been arrested — that is, I was pained that 
 there should have seemed to be a necessity for 
 arresting him — and that it will afford me great 
 l)lea8ure to discharge him so soon as I can, by 
 any means, believe the public safety will not 
 suffer by it. 
 
 1 further say, that as the war progresses, it 
 appears to me, opinion and action, which were 
 in great confusion at first, take shape and fall 
 into more regular channels, so that the necessity 
 for strong dealing with them gradually de- 
 c eases. I have every reason to desire that it 
 should cease altogether, and far from the least 
 is my regard for the opinions and wishes of 
 those who like the meeting at Albany, declare 
 their purpose to sustain the Government in 
 every constitutional and lawful measure to sup- 
 press the rebellion. Still, I must continue to 
 do so much as may seem to be required by the 
 public safety. A. LIInCOLN. 
 
 CORRESPONDENCE BETWEEN OHIO DEMOCRATS AND 
 PRESIDENT LINCOLN. 
 
 • The Letter to the President. 
 
 Washington, June 26, 1863. 
 To liis Excellency the Preshjent oir the United States : 
 
 Tlie undersigned, having been appointed a 
 committee, under the authority of the resolu- 
 tions of the State Convention held at the city 
 of Columbus, Ohio, on the 11th instant, to 
 
 communicate with you on the subject of the 
 arrest and banishment of Clement L. Vallandig- 
 ham, most respectfully submit the following as 
 the resolutions of ihatConvention bearing upon 
 the subject of this communication, and ask of 
 your Excellency their earnest consideration. 
 And tliey deem it proper to state that the Con- 
 vention was one in which all parts of the State 
 were represented, one of the most respectable 
 as to numbers and character, and one the most 
 earnest and sincere in support of the Constitu- 
 tion and the Union, ever held in that State : 
 
 licsolved, That the will of the people is the foundation of 
 all free government ; that, to give effect to this free -will, 
 free thought, free speech, and a free press are absolutely 
 indispensable. Without free discussion there is no cer- 
 tainty of sound judgment: without sound judgment there 
 can be no wise government. 
 
 2. That it is an inherent and constitutional right of the 
 people to discuss all measures of their Government, and to 
 approve or disapprove, aa to their best judgment seems 
 right. That they have a like right to propose and advocate 
 that policy which in their judgment is best, and to argue 
 and vote against whatever policy seems to them to violate 
 the Constitution, to impair their liberties, or to be detri- 
 mental to their welfare. 
 
 3. That these and all other rights guarantied to them by 
 their Constitutions are their rights in time of war as well 
 as in time of peace, and of far more value and necessity in 
 war than in peace, for in peace liberty, security, and prop 
 erty are seldom endangered ; in war they are ever in peril. 
 
 4. That we now say to all whom it may concern, not by 
 way of threat, but calmly and lirmly, that we will not sur- 
 render those rights, uor submit to their forcible violation. 
 We will obey the laws ourselves, and all others must obey 
 them. 
 
 11. That Oliio will adhere to the Constitution and the 
 Union as the best — it may be the last — hope of popular free- 
 dom, and for all wrongs wlilch may have been committed, 
 or evils which may exist, will seek redress, under the Con- 
 stitution and within the Union, by the peaceful but power- 
 ful agency of the suffrages of a free people. 
 
 li. That we will earnestly support every constitutional 
 measure tending to preserve the Union of the States. No 
 men have a gi-eater interest in its preservation than we 
 have, none desire it more; there are none who will make 
 greater sacrifices or endm'e more than we will to accomp- 
 lish that end. AVe are, as we ever have been, the devoted 
 friends of the Constitution and the Union, and we have no 
 sympathy with the enemies of either. 
 
 15. That the arrest, imprisonment, pretended trial, and 
 actual banishment of Clement L. Vallandigham, a citizen 
 of the State of Ohio, not belonging to the land or uaval 
 forces of the United States, nor to the militia in actual 
 service, by alleged military authority, for no other pre- 
 tended crime than ihatof uttering words of legitimate crit- 
 icism upon the conduct of the Administration in power, 
 and of appealing to the ballot-box for a. change of policy — 
 said aiTest and military trial taking place where the courts 
 of laAV are open and unobstructed, and for no act done within 
 the sphere of active military operations in carrying on the 
 war — we regard as a palpable violation of the following 
 provisions of the Constitution of the United States: 
 
 1. "Congress shall make no lawabridging 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." 
 
 2. "The right of the people to be secure in their persons, 
 houses, papers, and effi^cts, against unreasonatilo searcho.^ 
 ami seizures, shall not be violated ; and no warrants shall 
 issue but upon probable cause, supported by oath or affirm- 
 ation, and piu-ticularly describing the place to be searched 
 and the persons or things to bo seized." 
 
 3. "No person shall beheld to answer for a capital or 
 otherwise infamous crime, unless on a presentment or in- 
 dictment of a grand jury, except in cases arising in the 
 land or naval forces, or in the militia, when in actual sei> 
 vice in time of war or public danger." 
 
 4. " In all criminal prosecutions, the accused shall enjoj 
 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 pi-eviously ascer- 
 tained by law." 
 
 And we furthermore denounce said arrest, trial, and ban- 
 ishment as a direct insult offered to the sovereignty of tho 
 people of Ohio, by whose organic law it is declared that no 
 person shall be transported out of the State for any offence 
 committed within the same. 
 
 16. That Clement L. Vallandigham was, at tho time of 
 
168 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 his arrest, a prominent candidate for nomination by the 
 Democratic party of Ohio for the office of Governor of the 
 J.:te; that the Democratic party was fully competent to 
 decide whether lie is a fit man for that nomination, and 
 that the attempt to deprive tliem of tluit right, by his ar- 
 rest and banishment, was an unmeiited imputation upon 
 their intelligence and loyalty, as well as a violation of the 
 Constitution. 
 
 17. That we respectfully, but most earnestly, call upon 
 the President of the United States to restore Clement L. 
 Vallandigham to his home in Ohio, and that a committee 
 of one from each Con!!:r(ssional district of the State, to be 
 selected by the presicUng olBcer of this Convention, is 
 hereby appointed to present this application to the Presi- 
 dent. 
 
 The undersigned, in the discharge of the 
 duty assigned them, do not think it necessary 
 to reiterate the facts connected viith the arrest, 
 trial, and banishment of Mr. V .llandighani — 
 they are well known to the President, and are 
 of public history — nor to enlarge upon the 
 positions taken by the Conveniion, nor to re- 
 capitulate the constitutional previsions which 
 it is believed have been contravened ; they have 
 been stated at length, and with clearness, in 
 the resolutions which have been recited. The 
 undersigned content themselves with brief re- 
 ference to other suggestions pertinent to the 
 subject. 
 
 They do not call upon your Excellency as 
 suppliants, praying the revocation of the order 
 banishing iNlr. Vallandigham as a favor ; but, 
 by the authority of a Convention representing 
 a majority of the citizens of the State of Ohio, 
 they respectfully ask it as a right due to an 
 American citizen, in whose personal injury the 
 sovereignty and dignity of the people of Ohio, 
 as a free State, have been offended. And this 
 duty they perform the more cordially from the 
 consideration that, at a time of great national 
 emergency, pregnant with danger to our Federal 
 Union, it is all important that the true friends 
 of the Constitution and the Union, however 
 they may differ as to the mode of administering 
 the Government, and the measures most likely 
 to be successful in the maintenance of the Con- 
 stitution and the restoration of the Union, 
 should not be thrown into conflict with each 
 other. 
 
 The arrest, unusual trial, and banishment of 
 Mr. Vallandigham have created wide-spread 
 and alarming disaffection among the people of 
 the State, not only endangering the harmony 
 of the friends of the Constitution and the 
 Union, and tending to disturb the peace and 
 tranquillity of the State, but also impairing that 
 confidence in the fidelity of your Administra- 
 tion to the great landmarks of free government 
 essential to a peaceful and successful enforce- 
 ment of the laws in Ohio. 
 
 You are reported to have used in a public 
 communication on this subject, the following 
 language : 
 
 " It gave me pam when I learned that Mr. Vallandigham 
 had been arrested — that is, I was pained that there should 
 have seemed to be a necessity for arresting him ; and that it 
 will afl'ord me gi-eat pleasure to dischiirge him, so soon as I 
 can by any means beUeve the public safety will not sufler 
 by it." 
 
 The undersigned assure your Excellency, 
 from our own personal knowledge of the feel- 
 ings of the people of Ohio, that the public 
 safety will be far more endangered by continu- 
 ing Mr. Vallandigham in exile than by releas- 
 ing him. It may be true that persons differing 
 
 from him in political views may bo found in 
 Ohio, and elsewhere, who will express a differ- 
 ent opinion. But they are certainly mistaken. 
 Mr. Vallandigham may differ with the Presi- 
 dent, and even with some of his own political 
 party, as to the true and most effectual means 
 of maintaining the Constitution and restoring 
 the Union ; but this difference of opinion does 
 not prove him to be unfaithful to his duties as 
 an American citizen. If a man, devotedly at- 
 tached to the Constitution and the Union, con- 
 scientiously believes that, from the inherent 
 nature of the Federal compact the war, in the 
 present condition of things iu this country, 
 cannot be used as a means of restoring the 
 Union; or that a war to subjugate a part of the 
 States, or a war to revolutionize the social sys- 
 tem in a part of the States, could not restore, 
 but would inevitably result in the final destruc- 
 tion of both the Constitution and the Union, is 
 he not to be allowed the right of an American 
 citizen to appeal to the judgment of the people 
 for a change of policy by the constitutional 
 remedy of the ballot-box ? 
 
 During the war with Mexico many of the 
 political opponents of the Administration then 
 in power thought it their duty to oppose and de- 
 nounce the war, and to urge before the people 
 of the country that it was unjust and prosecu- 
 ted for unholy purposes. With equal reason it 
 might have been said of them that their discus- 
 sions before the people were calculated to dis- 
 courage enlistments, " to prevent the raising of 
 troops," and to induce desertions from the army, 
 and leave the Government without an adequate 
 military force to carry on the war. 
 
 If the freedom of speech and of the press are 
 to be suspended in time of war, then the essen- 
 tial element of popular government to effect a 
 change of policy in the constitutional mode is 
 at an end. The freedom of speech and of the 
 press is indispensable, and necessarily incident 
 to the nature of popular government itself. If 
 any inconvenience or evils arise from its exer- 
 cise, they are unavoidable. 
 
 On this^subject you are reported to have said 
 further : 
 
 "It is asserted, in substance, that Mr. Vallandigham was, 
 by a military commander, seized and tried ' for no other 
 reason than words addressed to a public meeting in criticism 
 of the course of the Administration, and in condemnation of 
 the military order of the general.' Now, if there be no mis- 
 take about this, if there was no other reason for the arrest, 
 then I concede that the arrest w.ia wrong. But the an-est, 
 I understand, was made for a. very difttrent reason. Mr. 
 VallancUgham avows his hostility to the war on tlie jiart of 
 the Union, and his arrest was made because Jio was laboring, 
 with some effect, to i)revent the raising of troops, to encour- 
 age desertions from the army, and to leave the rebellion 
 without an adequate military force to suj)pres3 it. lie was 
 not arrested because ho was damaging the political pros- 
 pects of the Administration or the peraon;il interests of the 
 commanding general, but because ho was damaging tho 
 army, upon the existence and vigor of Avliich the life of the 
 nation depends. He was WiUTing upon the military, and 
 this gave the milihiry constitutional jurisdiction to lay 
 hands upon him. If Mr. Vallandigham was not damaging 
 the military power of tho country, then his arrest was made 
 on mistake of facts, which I would be glad to correct on 
 reasonable satisfactory evidence," 
 
 In answer to this permit us to say, first, that 
 neither the charge nor the specifications in sup- 
 port of the charge on which Mr. Vallandigham 
 was tried impute to him the act of either labor- 
 ing to prevent the raising of troops or to en- 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 1G9 
 
 courage desertions from the army. Secondly, 
 no evidence on the trial was offered with a \ iew 
 to sujjport, or even tended to support, any such 
 charge. In what instance, and by what act, 
 did he either discourage enlistments or encour- 
 age desertion in the army? \yho is the man 
 who was discouraged from et/listing, and who 
 encouraged to desert, by any act of Mr. Vallan- 
 dighara ? If it be assumed that perchance some 
 person might have been discouraged from en- 
 listing, or that some person might have been 
 encouraged to desert, on account of hearing 
 Mr. Vallandigham's views as to the policy of 
 the war as a means of restoring the Union, 
 would that have laid the foundation for his 
 conviction and banishment? If so, upon the 
 same grounds every political opponent of the 
 Mexican war might have been convicted and 
 banished from the counti-y. 
 
 When gentlemen of high standing and exten- 
 sive influence, including your Excellency, op- 
 posed, in the discussions before the people, the 
 policy of the Mexican war, were they "warring 
 upon the military," and did this "give the mil- 
 itary constitutional jurisdiction to lay hands 
 upon" them? And, finally, the charge in the 
 (specifications upon which Mr.Vallandighamwas 
 tr ed enti led him to a trial be'ore the civil tri- 
 bunals, accoi-diug to the express provisions of 
 tl'e late acts of Congress, approved by yourself 
 July 17, 1862. and March 3, 1863, which were 
 manifestly designed to supersede all necessity 
 or pretext for arbitrary military arrests. 
 
 The undersigned are unable to agree with 
 you in the opinion you have expressed that the 
 Constitution is difl'crent in time of irsurrection 
 or invasion from what it is in time of peace and 
 public security. The Constitution provides for 
 no limitation upon or exceptions to the guar- 
 antees of per onal liberty, except as to the 
 writ of habeas corpus. Has the President, at 
 the time of invasion or insurrection, the right 
 to engraft limit.ttious or exceptions upon these 
 constitutional guarantees whenever, in his 
 judgment, the public safety requires it? 
 
 True it is, the article of the Constitution 
 which defines the various powers delegated to 
 Congress declares that "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." But this 
 qualification or limitation upon this restriction 
 upon the powers of Congress has no reference 
 to or connection with the other constitutional 
 guarantees of personal liberty. Expunge from 
 the Constitution this limitation upon the power 
 of Congress to suspend the writ of habeas 
 corpus, and yet the other guarantees of personal 
 liljerty would remain unchanged. 
 
 Although a man might not have a constitu- 
 tional right to have an immediate investigation 
 made as to the legality of his arrest upon 
 habeas corpus, yet his "right to a speedy and 
 public trial by an impartial jury of the State 
 and district wherein the crime shall have been 
 committed"' will not be altered; neither will 
 his right to the exemption from "cruel and 
 unusual punishment;" nor his right to be se- 
 cure in his person, houses, papers, and effects, 
 against unreasonable seizures and searches ; 
 
 nor his right not to be deprived of life, liberty, 
 or property, without due process of law ; nor 
 his right not to be held to answer for a capital 
 or otherwise infamous offence, unless on pre- 
 sentment or iiidictment of a grand jury, be in 
 anywise changed. 
 
 And certainly the restriction upon the power 
 of Congress to suspend the writ of habeas 
 corpus, in time of insurrection or invasion, 
 could not affect the guaranty that the I'roedoni 
 of speech and of the press shall not be abridged. 
 It is sometimes urged that the proceedings in 
 the civil tribunals are too tardy and ineffective 
 for cases arising in times of insurrection or in- 
 vasion. It is a full reply to this to say that 
 arrests by civil process may be equally as ex- 
 peditious and effective as arresls by military 
 orders. 
 
 True, a summary trial and punishment are 
 not allowed in the civil courts. But it the of- 
 fender be under arrest and imprisoned, and not 
 entitled to a discharge on writ of habeas corpus 
 before trial, what more can be required for the 
 purposes of the Government? The idea that 
 all the constitutioual guarantees of personal 
 liberty are suspended throughout the country 
 at a time of insurrection or invasion in any 
 part of it places us upon a sea of uncertainty, 
 and subjects the life, liberty, and property of 
 every citizen to the mere will of a military 
 commander, or w^hat he may say that he con- 
 siders the public safety requires. Does your 
 Excellency wish to have it understood that you 
 hold that the rights of cve^,, man throughout 
 this vast country are subject to bo annulled 
 whenever you may say that you consider the 
 public safety requires it, in time of invasion or 
 insurrection ? 
 
 You are further reported as having said that 
 the constitutional guarantees of personal lib- 
 erty have " no application to the present case 
 we have in hand, because the arrests complained 
 of were not made for treason — that is, not for 
 the treason defined in the Constitution, and 
 upon the conviction of which the punishment 
 is death — nor yet were they made to hold per- 
 sons to answer for capital or otherwise infamous 
 crimes ; nor were the proceedings following in 
 any constitutional or legal sense ' criminal 
 prosecutions ' The arrests were made on 
 totally different grounds, and the proceeding.s 
 following accorded with the grounds of the 
 arrests," &c. 
 
 The conclusion to be drawn from this posi- 
 tion of your Excellency is, that where a man 
 is liable to " a criminal prosecution," or is 
 charged with a crime known to the laws of the 
 land, he is clothed with all the constitutional 
 guarantees for his safety and security from 
 wrong and injustice ; but that, where he is not 
 liable to " a criminal prosecution," or charged 
 with any crime known to the laws, if the Presi- 
 dent or any military commander shall say that 
 he considers that the public safety requires it. 
 this man may be put outside of the pale of the 
 constitutional guarantees, and arrested with- 
 out charge of crime, imprisoned without 
 knowing what for, and any length of time, 
 or be tried before a court-martial and sen- 
 tenced to any kind of punishment, unknown 
 
170 
 
 ADMINISTKATION OF ABRAHAM LINCOLN. 
 
 to the iaws of 'he land, which the President 
 or the military commander may see proper to 
 impose. 
 
 Did the Constitution intend to throw the 
 shield of its securities around the man liable 
 to be charged with treason as defined by it, and 
 yet leave the mairnot liable to any such cha' ge 
 unprotected by the safeguards of personal lib- 
 erty and personal security? Can a man not in 
 the military or naval service, nor within the 
 field of the operations of the army, be arrested 
 and imprisoned without any law of the land to 
 authorize ii? Can a man thus, in civil life, be 
 punished without any law defining the offence 
 and describing the punishment? If the Pres- 
 ident or a court-martial may prescribe one kind 
 of punishment unauthorized by law, why not 
 any other kind? Banishment is an unusual 
 punishment, and unknown to our laws. If the 
 President has the right to prescribe the punish- 
 ment of banishment, why not that of death and 
 confiscation of property? If the President has 
 the right to change the punishment prescribed 
 by the court-martial from imprisonment to 
 banishment, why not from imprisonment to 
 torture upon the rack or execution upon the 
 {^fibbet ? 
 
 If an indefinable kind of constructive trea- 
 son is to be introduced and engrafted upon the 
 Constitution, unknown to the laws of the laud 
 and subject to the will of the President when- 
 ever an insurrection or invasion shall occur in 
 any part of this vast countrj-, what safety or 
 security will be left for the liberties of the 
 people? 
 
 The constructive treasons that gave the friends 
 of freedom so many years of toil and trouble 
 in England were inconsiderable compared to 
 this. The precedents which you make will be- 
 come a part of the Constitution for your suc- 
 cessors, if sanctioned and acquiesced in by the 
 people now. 
 
 The people of Ohio are willing to co-operate 
 zealously with you in every effort warranted by 
 the Constitution to restore the Union of the 
 States, but they cannot consent to abandon 
 those fundamental principles of civil liberty 
 which are essential to their existence as a free 
 people. 
 
 In their name we ask that, by a revocation of 
 the order of his banishment, Mr. Vallandigham 
 may be restored to the enjoyment of those 
 rights of which they believe he has been un- 
 constitutionally deprived. 
 
 We have the honor to be respectfully, yours, 
 &c., 
 
 M. BIRCIIARD, Chairman, 19th Dist. 
 
 VKWU A. IlOUK, Sccretat-y, 3d Dist. 
 
 GEO. BLISS, Uth Dist. 
 
 T. W. BAllTLKY, Uh Dist. 
 
 W. J. GOItDON, nth Dist. 
 
 JOHN ONEIiA, IZth Dist. 
 
 C. A. AVIIITE, 6lh Dist. , 
 
 W. E. FINCK, 12Wi Dist. 
 
 ALEXANDER LONG, 2d Dist. 
 
 J. W. WHITE, Wlh Dist. 
 
 JAS. R. JlUItlUS, yUh Dist. 
 
 GEO. S. CONVEJtSE, 7th Dist. 
 
 WARIIEN P. NOBLE, 9th Dist. 
 
 GEO. H. I'ENDLETON, 1st Dist. 
 
 W. A. HUTCI11N8, Mlh Dist. 
 
 ABNER L. BACKUS, 10/A Dist. 
 
 J. !<'. SIcKINNEY, ith Dist. 
 
 F. C. LeBLONU. bth Did. 
 
 LOUIS SHAEi'ER, Tith Dist. 
 
 Letter from President Lincoln. 
 
 Washington, June 29 1863. 
 Messrs. M. Eirchard, D.avia M. Ilouk, George B!is3, T. W. 
 Bartley, W. J. Gordon, John O'Nicll, C. A. White, W. E. 
 Finck, Alexander Lons, J. \\'. White, (Jeorce II. P.idle- 
 toii, George S. (.'o'.iverse, Warren P. Noble. Jan^es R. Mor- 
 ris, W A Ilutchiiis. Abner L. Backus, J. V. McKinney, 
 F. C. LeBlond, Loui.s Schaefer : 
 Gentlemen ; The resolutions of the Ohio 
 Democratic State Convention, which you pre- 
 sent me, together with your introductory and 
 closing remarks, being in position and argu- 
 ment mainly the same as the resolutions of the 
 Democratic meeting at Albany, New York, I 
 refer you to my response to the latter as meet- 
 ing most of the points in the former. 
 
 This resjionse you evidently used in prepar- 
 ing your remarks, and I desire no more than 
 that it be used with accuracy. In a single 
 reading of your remarks, I only discovered one 
 inaccuracy in matter which I suppose you took 
 from that paper. It is where you say, ''The 
 undersigned are unable to agree with you ia 
 the opinion you have expressed that the Consti- 
 tution is different in time of insurrection or in- 
 vasion from what it is in time of peace and 
 public security." 
 
 A recurrence to the paper will show you 
 that I have not expressed the opinion you sup- 
 pose. I exnressed the opinion that the Consti- 
 tution is different in its application in cases of 
 rebellion or invasion, involving the public 
 safety, from what it is in times of profound 
 peace and public security; and this opinion I 
 adhere to, simply because by the Constitu i u 
 itself things may be done in the one case which 
 may not be done in the other. 
 
 I dislike to waste a word on a merely per- 
 sonal point, but I must respectfully assure you 
 that you will find yourselves at fault should you 
 ever seek for evidence to prove your assump- 
 tion that I " opposed in d'scussions before the 
 people the policy of the Mexican war." 
 
 You say : "Expunge from the Constitution 
 this limitation upon the power of Congress to 
 suspend the writ of habeas corpus, and yet the 
 other guarantees of personal liberty would re- 
 main unchanged." Doubtless if this clause of 
 the Constitution, improperly called, as I think. 
 a limitation upon the power of Congress, were 
 expunged, the other guarantees wo,nld remain 
 the same ; but the question is, not how those 
 guarantees would stand with that clause out of 
 the Constitution, but how they stand with that 
 clause remaining in it, in case of rebellion or 
 invasion, involving the public safety. If the 
 liberty could be indulged in expunging that 
 clause, letter and spirit, I really think the 
 constitutional argument would be with you 
 
 My general view on this question was stated 
 in the Albany response, and hence I do not 
 state it now. I only add that, as seems to me, 
 the benefit of the writ of habeas corpus is the 
 great means through which the guavnutees of 
 personal liberty are conserved and made avail- 
 able in the last resort; and corroborative of 
 this view is the fact that Mr. Vallandigham, in 
 the very case in cpiestion, under the advice of 
 able lawyers, saw not where else to go but to 
 the habeas corpus. But by the Constitution 
 the benefit of the writ of habeas corpus itself 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 171 
 
 may be suspended, when, in case of rebellion 
 or invasion, the public safety may require it. 
 
 You asii, in substance, whether I really claim 
 that I may override all the guarantied rights of 
 individuals, on the plea of conserving the pub- 
 lic safety — when I may choose to say the public 
 safety requires it. This question, divested of 
 the phraseology calculated to represent me as 
 struggling for an arbitrary personal preroga- 
 tive, is either simply a question icho shall de- 
 cide, or an affirmation that nobody shall decide, 
 what the public safety does require in cases of 
 rebellion or invasion. The Consiitution con- 
 templates the question as likely to occur for 
 decision, but it does not expressly declare who 
 is to decide it. By necessary implication, when 
 rebellion or invasion comes, the decision is to 
 be made, from time to time; and I think the 
 man whom, for the time, the people have, under 
 the Constitution, made the Commander-in-Chief 
 of their Army and Navy, is the man who holds 
 the power and bears the responsibility of mak- 
 ing it. If he uses the power justly, the same 
 people will probably justify him; if he abuses 
 it, he is in their hands, to be dealt with by all 
 the modes they have reserved to themselves in 
 the Constitution. 
 
 The earnestness with which you insist that 
 persons c ,u only, in times of rebellion, be law- 
 fully (le tit with, in accordance with the rules 
 for criminal trials and punishments in times of 
 peace, induces uie to add a word to what I said 
 <jn that point in the Albany response. You 
 claim that men may, if they choose, embarrass 
 those whose duty it is to combat a giant rebel- 
 lion and then be dealt wiih only in turn as if 
 there were no rebellion. The Constitution it- 
 self rejects this view. The military arrests and 
 detentions which have been made, including 
 those of Mr. Yallandighara, which are not dif- 
 ferent in principle from the other, have been for 
 prevention, and not for punishment — as injunc- 
 tions to stay injury, as proceedings to keep the 
 peace — and hence, like proceedings in such 
 cases and for like reasons, they have not been 
 accompanied with indictments, or trials by 
 juries, nor in a single case by any punishment 
 whatever beyond what is purely incidental to 
 the prevention. The original sentence of im- 
 prisonment in Mr. Vallandigham's case was to 
 prevent injury to the military service only, and 
 the modification of it was made as a less dis- 
 agreeable mode to him of securing the same 
 prevention. 
 
 I arn unable to perceive an insult to Ohio in 
 the case of Mr. Vallandigham. Quite surely 
 nothing of this sort was or is intended. I was 
 wholly unaware that Mr. Vallandigham was, at 
 the time of his arrest, a candidate for the Dem- 
 ocratic nomination for Governor, until so in- 
 forued by your reading to me the resolutions 
 of the Convention. I am grateful to the State 
 of Ohio for m^!ny things, especially for ihe brave 
 soldiers and officers she has given in the present 
 national trial to the armies of the Union. 
 
 You claim as I understand, that according to 
 my own position in the Albany response, Mr. 
 Vallandigham should be released; and this be- 
 cause, as you claim, he has not damaged the 
 military service by discouraging enlistments. 
 
 encouraging desertions, or otherwise ; and that 
 if he had, he should be turned over to the civil 
 authorities under the recent acts of Congress. 
 I certainly do not knoiu that Mr. Vallandigham 
 has specifically and by direct language advised 
 against enlistments, and in favor of desertioa 
 and resistance to drafting. We all know that 
 combinations, armed in some instances, to re- 
 sist the arrest of deserters, began several 
 months ago; that more recently the like has 
 appeared in resistance to the enrollment pre- 
 paratory to a draft; and that quite a number 
 of assassinations have occurred from the same 
 animus. These had to be met by military 
 force, and this again has led to bloodshed and 
 death. And now, under a sense of responsibil- 
 ity more weighty and enduring than any which 
 is merely official, I solemnly declare my belief 
 that this h ndrance of the military, including 
 maiming and murder, is due to the course ia 
 which Mr. Vallandigham has been engaged, in 
 a greater degree than to any other cause ; and 
 it is due to him personally in a greater degree 
 than to any other man. 
 
 These things have been notorious, known to 
 all, and of course known to Mr. Vallandigham. 
 Perhaps I would not be wrong to say they orig- 
 inated with his especial friends and adhggljits. 
 With perfect knowledge of them he ha§ fre- 
 quently, if not constantly, made speeches in 
 Congress and before popular assemblies; and 
 if it can be shown that, with these things star- 
 ing him in the face, he has ever uttersd a word 
 of rebuke or counsel against them, it will be a 
 fact greatly in his favor with me, and one of 
 which, as yet, I am totally ignorant. WlM?nit 
 is known that the whole burden of his speeches 
 has been to stir up men against the prosecution 
 of the war, and that in the midst of resistance 
 to ii he has not been known in any instance to 
 counsel against such resistance, it is next to im- 
 possible to repel the inference that he has coun- 
 selled directly in favor of it. 
 
 AVith all this before their eyes, the Conven- 
 tion you represent have nominated Mr. Vallan- 
 digham for Governor of Ohio, and both they 
 and you have declared the purpose to sustain 
 the National Union by a 1 constitutional means. 
 But, of course, they and you, in common, re- 
 serve to yourselves to decide what are consti- 
 tutional means, and, unlike the Albany meet- 
 ing, you omit to state or intimate that, in your 
 opinion, an army is a constitutional means of 
 saving the Union again-ta rebellion, or even to 
 intimate that you are conscious of an existing 
 rebellion being in progress with the avowed ob- 
 ject of destroying that very Union. At the 
 same time, your nominee for Governor, in whose 
 behalf you appeal, is known to you and to the 
 world to declare against the use of an army to 
 suppress the rebellion. Your own attitude, 
 therefore, encourages desertion, resistance to 
 the draft, and the like, because it teaches those 
 who incline to desert and to escape the draft 
 to believe it is your purpose to protect them 
 and to hope that you will become strong 
 enough to do so. 
 
 After a short personal intercourse with you, 
 gentlemen of the committee, I cannot say I 
 think you desire this effect to follow your atti- 
 
Hi 
 
 AD.MINISTKAflON OF ABRAHAM LINCOLN. 
 
 t'lde; but I assure you that both friends and 
 enemies of the Uniou loolc upon it in this light. 
 It is a substantial hope, and by consequence a 
 real strength to the enemy. It is a false hjpe, 
 and one which you woald willingly dispel. I 
 will make the way exceedingly easy. I send 
 you duplicates of this letter, in order that you, 
 or a majority, may, if j'ou choose, endorse your 
 names upon one of them, and return it thus 
 endorsied to me, with the understanding that 
 those signing are hereby committed to the fol- 
 lowing propositions, and to nothing else : 
 
 1. That there is now a rebellion in the United 
 States, the object and tendency of which is to 
 destroy the National Union ; and that, in your 
 opinion, an army and navy are constitutional 
 means for suppressing that i-ebellion. 
 
 2. That no one of you will do anything which, 
 in his own judgment, will tend to hinder the 
 increase or favor the decrease or lessen the 
 efficiency of the army and navy, while engaged 
 in the effort to suppress that rebellion ; and 
 
 3. That each of you will, in his sphere, do 
 all he can to have the officers, soldiers, and 
 seamen of the army and navy, while engaged 
 in the effort to suppress the rebellion, paid, fed, 
 clad, and otherwise well provided for and sup- 
 ported. 
 
 And with the further understanding that 
 upon receiving the letter and names thus en- 
 dorsed, I will cause them to be published, 
 which publication shall be, within itself, a re- 
 vocation of the order in relation to Mr. Val- 
 landigham. 
 
 It will not escape observation that I consent 
 to the release of Mr. Vallandigham upon terms 
 not embracing any pledge from him or from 
 others as to what he will or will not do. I do 
 this because he is not present to speak for him- 
 self, or to authorize others to speak for him ; 
 and hence 1 shall expect that on returning he 
 would not put himself practically in antagon- 
 ism with his friends. But I do it chiefly be- 
 cause I thereby prevail on other influential gen- 
 tlemen of Ohio to so define their position as to 
 be of immense value to the army — thus more 
 than compensating for the consequences of any 
 mistake in allowing Mr. Vallandigham to return, 
 so that, on the whole, the public safety will not 
 have suffered by it. Still, in regard to Mr. 
 Vallandigham and all others, I must hereafter, 
 as heretofore, do so much as the public service 
 may seem to require. 
 
 I have the honor to be, respectfully, yours, &c. 
 A. LINCOLN. 
 
 The Committee's Rejoinder. 
 
 New York, July 1, 1863. 
 To his Excellency the President of the United States : 
 
 Sin: Your answer to the application of the 
 undersigned for a i-evocation of the order of 
 banishment of Clement L. Vallandigham re- 
 quires a reply, which they proceed with as 
 little delay as possible to make. 
 
 They are not able to ai)preciate the force of 
 the distinction you make between the Consiitu- 
 (ion and the application of the Constitution, 
 whereby you at;sume that powers are delegated 
 to the President at the time of invasion or in- 
 
 surrection, in derogation of the plain language 
 of the Constitution. The inherent provisions 
 of the Constitution remaining the same in time 
 of insurrection or invasion as in time of peace, 
 the President can have no more right to disre- 
 gard their positive and imperative requirements 
 at the former time than at the latter. Because 
 some things may be done by the terms of the 
 Constitution at the time of invasion or insurrec- 
 tion which would not be required by the occa- 
 sion in time of peace, you assume that a7ti/ Ihhtg 
 whatever, even though not expressed by the 
 Constitution, may be done on the occasion of 
 insurrection or invasion, which the President 
 may choose to say is required by the public 
 safety. In plainer terms, because the writ of 
 habeas corpus may be suspended at time of in- 
 vasion or insurrection, you infer that all other 
 provisions of the Constitution having in view 
 the protection of the life, liberty, and property 
 of the citizen, may be in like manner sus- 
 pended. 
 
 The provision relating to the writ of habeas 
 corpus being contained in the first part of the 
 Constitution, the purpose of which is to define 
 the powers delegated to Congress, has no con- 
 nection in language with the Declaration of 
 Rights, as guarantees of personal liberty, con- 
 tained in the additional and amendatory arti- 
 cles, and inasmuch as the provision relating to 
 habeas corpus expressly provides for its suspen- 
 sion, and the other provisions alluded to do not 
 provide for any such thing, the legal conclusion 
 is that the suspension of the later is unauthor- 
 ized. The provision for the writ of habeas cor- 
 pus is merely intended to furnish a summary 
 remedy, and not the means whereby personal 
 security is conserved in the final resort; while 
 the other provisions are guarantees of personal 
 rights, the suspension of which puts an end to 
 all pretence of free government. It is true Mr. 
 Vallandigham applied for a writ of habeas corpus 
 as a summary remedy against oppression. But 
 the denial of this did not take away his right 
 to a speedy public trial by an impartial jury, 
 or deprive him of his other rights as an Amer- 
 ican citizen. Your assumption of the right to 
 suspend all the constitutional guarantees of 
 personal liberty, and even of the freedom of 
 speech and of the press, because the summary 
 remedy of habeas corpus may be suspended, is 
 at once startling and alarming to all persona 
 desirous of preserving free government in this 
 country. 
 
 The inquiry of theundersigned, whether " you 
 hold the rights of every man throughout this 
 vast country, in time of invasion or insurrec- 
 tion, are subject to be annulled whenever you 
 may say that you consider the public safety re- 
 quires it?" was aplaiu question, undisguised by 
 circumlocution, and intended simply to elicit 
 information. Your affirmative answer to this 
 question throws a shade upon the fondest antici- 
 pations of the framers of the Constitution, who 
 flattered themselves that they had provided 
 safeguards against the dangers which have ever 
 beset and overthrown free government in other 
 ages and countries. Your answer is not to be 
 disguised by the phraseology that the question 
 "is simply a question who shall decide, or an 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 173 
 
 affirmation tnat nobody shall decide, what the 
 public safety does require in case of rebellion 
 or invasion." Our Governuieut was designed 
 to be a Government of laio, settled and defined, 
 and net of the arbitrary will of a single man. 
 As a safeguard, the powers were delegated to 
 the It gislative, executive, and judicial branches 
 of the Government, and each made co-ordinate 
 with tLe others, and supreme within its sphere, 
 aud thus a mutual cht ck upon each other in 
 case of abuse of power. 
 
 It has been the boast of the American people 
 that the}' had a written Co}islitution, not only ex- 
 pressly dcfininff, but also linnting the powers 
 of the Government, and providing efiectual safe- 
 guards for personal liberty, security, and prop- 
 erty" And, to make the matter more jDositive 
 and explicit, it was provided by the amenda- 
 tory artices nine and ten that " the enumeration 
 in the Constitution oi certain rights shall not be 
 construed to deny or disimrage others retained 
 by the people," and that '-the powers not dele- 
 gated to the United States by the Constitution, 
 nor prohibited by it to the States, are reserved 
 to the States respectively t)r to the people." 
 With this care and precaution on the part of our 
 forefathers who framed our institutions, it was 
 not to be expected that, at so early a day as this, 
 a claim of the President to arbitrary power, 
 limited only by his conception of the require- 
 ments of the public safety, would have been 
 asserted. In derogation of the constitutional 
 p ovisions making the President strictly an ex- 
 ecutive officer, and vesting all the delegated 
 legislative powers in Congress, )^our position, as 
 we understand it, would make your icill the rule 
 of action, and your declaration of the require- 
 ments of the public safety the law of the land. 
 Our inquiry was not, therefore, " simplj' a ques- 
 tion who shall decide, or the affirmation tbat 
 nobody shall decide, what the public safety 
 requires." Our Government is a Government of 
 law, and it is the law-making power which ascer- 
 tains what the public safety requires, and pre- 
 scribes the rule of action ; and the duty of the 
 President is simply to execute the laws thus 
 enacted, and not to make or annul laws. If any 
 exigency shall arise, the President has the 
 power to convene Congress at any time to pro- 
 vide for it; so that the plea of necessity fur- 
 nishes no reasonable pretext for any assumption 
 of legislative power. 
 
 For a moment contemplate the consequences 
 of such a claim to power. Not only would the 
 dominion of the President be absolute over the 
 riglits of individuals, but equally so over the 
 other departments of the Government. If ho 
 should claim that the public safety required it, 
 he could arrest and imprison a judge for the 
 conscientious dischage of his duties, paralyze 
 the judicial power, or supercede it by the sub- 
 stitution of courts-martial, subject to his own 
 will, throughout the whole country. If any 
 one of the States, even far removed from the 
 rebellion, should not sustain his plan for prose- 
 cuting the war, he could, on the plea of public 
 safety, annul and set at defiance the State laws 
 and authorities, arrest and imprison the Gover- 
 nor of the State or the members of the Legisla- 
 ture, while in the faithful discharge of their 
 
 duties, or he could absolutely control the 
 action, either of Congress or of the Supreme 
 Court, by arresting and imprisoning its mem- 
 bers, and upon the same ground he could sus- 
 pend the elective franchise, postjione the elec- 
 tions, and declare the perpetuity of his high 
 prerogative. And neither the power of iia- 
 peachraent nor the elections of the people 
 could be made available against such couceii- 
 tration of power. 
 
 Surely it is not necessary to subvert free 
 government in this country in order to put 
 down the rebellion; and \i cannot be (/owe under 
 the pretence of putting down the rebellion. In- 
 deed, it is plain that your Administration has 
 been weakened, and greatly weakened, by the 
 assumption of power not delegated in the Con- 
 stitution, 
 
 In your answer you say to us : " You claim 
 that men may, if they choose, embarras those 
 whose duty it is to combat a giant rebellion 
 and then be dealt with in terms as if there 
 were no rebellion." You will find yourself in 
 fault, if your will search our communication 
 to you for any such idea. The undersigned 
 believe that the Constitution and laws of (he 
 land, properly administered, furnish ample 
 power to put down an insurrection without the 
 assumption of power.-} not granted. And if ex- 
 isting legislation be inadequate, it is the duty 
 of Congress to consider what further legisla- 
 tion is necessary, and to make suitable provi- 
 sion by law. 
 
 You claim that the military arrests made by 
 your Administration are mevely preventive reme- 
 dies, "as injunctions to stay injury, or proceed- 
 ings to keep the peace, and not for punishment." 
 The ordinary preventive remedies alluded to are 
 authorized by established law, but the prevent- 
 ive proceedings you institute have their au- 
 thority merely in the will of the Executive or 
 that of officers subordinate to his authority. 
 And in this proceeding a discretion seems to be 
 exercised as to whether the prisoner shall be 
 allowed a trial or even be permitted to know 
 the nature of the complaint alleged against him, 
 or the name of his accuser. If the proceedings 
 be merely preventive, why not allow the prisoner 
 the benefit of a bond to keep the peace? But 
 if no off"ence has been committed, why was Mr. 
 Vallandigham tried, convicted, and sentenced 
 by a court-mnrtial? And why the actual pun- 
 ishment by imprisonment or banishment, with- 
 out the opportunity of obtaining his liberty in 
 the mode usual in preventive remedies, and yet 
 say it is not for punishment? 
 
 You still place Mr. Vallandigham's convic- 
 tion and banishment upon the ground that he 
 had damaged the military service by discourag- 
 ing enlistments and encouraging desertions, 
 &c., and yet you have not even pretended to 
 controvert our position that he was not charged 
 with, tried, or convicted for any such offence 
 before the court-martial. 
 
 In answer to our position that Mr. Vallandig- 
 ham was entitled to atrial in the civil tribunals, 
 by virtue of the late acts of Congress you say : 
 '■'■T certainly do not knoiv that Mr. Vallandigham 
 has specifcally and by direct language advised 
 against enlistments and in favor of desertions and 
 
174 
 
 ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 resistance to drafting^'" &c., and yet, in a subse- 
 quent part of your answer, after speaking of 
 certain disturbances wLicb are alleged to have 
 occurred in resistance of ibc arrest of deserters 
 and of tbc eurolhnent preparatory to the draft, 
 and which you attribute mainly to the course 
 Mr. Vallandigham has pursued, you say that 
 he has made speeches Mgainst the war in tbc 
 midst of resistance to it; that " he has never 
 been linown, in any instance, to counsel against 
 such resistance;" and that '■'it is next to impos- 
 sible to repel the inference that he has counselled 
 dirfcthj in favor of it." Permit us to say that 
 your information is most grievously at fault. 
 
 The undersig'ied have been in the habit of 
 hearing Mr. Vallandigham speak before pop- 
 ular assemblages, and they appeal with confi- 
 dence to every truthful person who has ever 
 heard him for the accuracy of the declaration, 
 that he has never made a speech before the 
 people of Ohio in which he has not counselled 
 submission and obedience to the laws and the 
 Constitution, and advised the peaceful remedies 
 of the judicial tribunals and of the ballot-box 
 for the redress of grievances and for the evils 
 which afflict our bleeding and suffering coun- 
 try. And, were it not foreign to the purposes 
 of this communication, we would undertake to 
 establish to tbc satisfaction of any candid per- 
 son that the distuibances among the people to 
 which you allude, in opposition to the arrest of 
 deserters and the draft, have been occasioned 
 mainly by the measures, policy, and conduct of 
 your Administration, and the course of its po- 
 litical friends. But if the circumstantial evi- 
 dence exists, to which you allude, which makes 
 "it next to impossible to repel the inference 
 that Mr. Vallandigham has counselled directly 
 in favor" of this resistance, and that the same 
 has been mainly attributable to his conduct, 
 why was he not turned over to the civil author- 
 ities to be tried under the late acts of Congress? 
 If there be any foundation in fact for your 
 statements implicating him in resistance to the 
 constituted authorities, he is liable to such 
 prosecution. And we now demand, as a mere 
 act of justice to him, an investigation of this 
 matter before a jury of his country; and respect- 
 fully insist that fairness requires either that you 
 retract these charges which you make against 
 him, or that you revoke your order of banish- 
 ment and allow him the opportunity of an in- 
 vestigation before an impartial jury. 
 
 The committee do not deem it necessary to 
 repel at length the imputation that the attitude 
 of themselves or of the Democratic party in 
 Ohio " encourage desertions, resistance to the 
 draft, and the like." Suggestions of that kind 
 are not unusual weapons in our ordinary politi- 
 cal contests. They rise readily in the minds 
 of politicians heated with the excitement of 
 partisan strife. During the two years in which 
 the Democratic party of Ohio has been con- 
 Btrained to oppose the policy of the Adminis- 
 tration, and to stand up in defence of the Con- 
 stitution and of personal rights, this charge 
 has been repeatedly made. It has fallen harm- 
 less, however, at the feet of those whom it was 
 intended to injure. The committee believe it 
 will do so again. If it were proper to do so in 
 
 this paper, they might suggest that the measu'-ps 
 of the Administration, aud its changes of policy 
 in the prosecution of the war, have been the 
 fruitful sources of discouraging enlistments 
 and inducing desertions, and furnish a reason 
 for the undeniable fact that the first call for 
 volunteers was answered by very many more 
 than were demanded, and that the next call for 
 soldiers will probably be responded to by draft- 
 ed men alone. 
 
 Tbe observation of the President in this con- 
 nection, that neither the Convention in its 
 resolutions, nor the committee in its communi- 
 cation, intimate that they '• are conscious of an 
 existing rebellion being in progress with the, 
 avowed object of destroying the Union," needs,^ 
 perhaps, no reply. The Democratic party of 
 Obio has felt so keenly the conditir.n of tbo 
 country, and been so stricken to the heart by 
 the misfortunes and sorrows whicb have be- 
 fallen it, that they hardly deemed it necessary 
 by solemn resolution, when tbeir very State 
 exhibited everywhere the sad evidences of war, 
 to remind the President that they were aware 
 of its existence. 
 
 In the conclusion of your communication 
 you propose that, if a majority of the com- 
 mittee shall affix their signatures to a duplicate 
 copy of it, which you have furnished, they shall 
 stand committed to three propositions, therein 
 at length set forth, that he will publish the 
 names thus signed, and that this publication 
 shall operate as a revocation of the order of 
 banishment. The committee cannot refrain 
 from the expression of their surprise that the 
 President should make the fate cf Mr. Val- 
 landigham depend upon the opinion of this 
 committee upon these propositions. If the 
 arrest and banishment were legal, and were 
 deserved ; if the President exercised a power 
 clearly delegated, under circumstances which 
 warranted its exercise, the order ought not to 
 be revoked, merely because the committee hold, 
 or express, opinions accordant with those of 
 the President. If the arrest and banishment 
 were not legal, or were not deserved by Mr. 
 Vallandigham, then surely he is entitled to an 
 immediate and unconditional discharge. 
 
 The people of Ohio were not so deeply moved 
 by the action of the President merely because 
 they were concerned for the personal safety 
 and convenience of Mr. Vallandigham, but be- 
 cause they saw in his arrest and banishment an 
 attack upon their own personal rights; and 
 they attach value to his discharge chiefly as 
 it will indicate au abandonment of the claim 
 to the power of such arrest and banishment. 
 However just the undersigned might regard the 
 principles contained in the several propositions 
 submitted by the ^President, or liow much so- 
 ever they might, unJer other circumstances, 
 feel inclined to indorse the sentimen! s contained 
 therein, yet they assure him that they have 
 not been authorized to enter into any bar- 
 gains, terms, contracts, or conditions with 
 the President of the United States to procure 
 the release of Mr. Vallandigham. Tbe opin- 
 ions cf the undersigned touching the questions 
 involved in these propositions are well known, 
 have been many times publicly expressed, and 
 
ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 175 
 
 fire sufficiently m:inifested in tbe resolutions of 
 the convention which they represent, and they 
 c =nnot suppose that ihc PreJdent (xpects that 
 they will seek the discharge of Mr. Vailandig- 
 hara by a pledge implying not only an imputa- 
 tion upon their own sincerity and fidelity as cit- 
 izens of the United Slates, and also carrying 
 n'iihit by implication a concession of the legality 
 of his arrest, trial, and banishment, against 
 which they and the convention they represent 
 have solemnly protested. And, while they 
 have asked the revocation of the order of ban- 
 ishment not as a favor, but as a right due to the 
 people of Ohio, and with a view to avoid the 
 possibility of conflict or disturbance of the 
 public tranquillity, they do not do this, nor 
 docs Mr. Vallandigham desire it, at any sacri- 
 fice of their dignity and self-respect. 
 
 The idea that such a pledge as that asked from 
 the undersigned would secure the publi'c safety 
 sufficiently to compensate for any mistake of 
 the President in discharging Mr. "Vallandigham 
 is, in their opinion, a mere evasion of the grave 
 questions involved in this discussion, and of a 
 direct answer to their demand. And this is made 
 especially apparent by the fact that this pledge 
 is asked in a communication which concludes 
 with an intimation of a disposition on the part 
 of the President to repeat 'he acts complained of. 
 The undersigned, ther<;roie, having fully dis- 
 charged the duty enjoined upon them, leave 
 the responsibility with the President. 
 
 M. EinCIIArvD, \Wi Dist., Chaii-man. 
 
 DAVID llOUK, &&!/, 3d Dist. 
 
 GEO. DLISS, Uth Dist. 
 
 T. W. BAUTLEY, Sth Dist. 
 
 W. J. GOr.EON, ISth Dist. 
 
 JOHN ON^ILL, IZth Dist. 
 
 C. A. T\"inTi;, ah Dist. 
 
 Vf. E. I'INCK, 12;/( Dist. 
 
 ALEXANDER LONG, 2d Dist. 
 
 JAS. R. MORRIS, lUh Dist. 
 
 GEO. S. CONVERSE, 1th Dist. 
 
 GEO. II. PENDLETON, 1st Dist. 
 
 "U". A. UUTCHINS, nth Dist. 
 
 A. L. BACKUS, Wlh Dist. 
 
 J. F. McKINNEY, 4lh Dist. 
 
 J. w. ysuTn'.,mhDist. 
 
 F. C. LeBLOND, 5th Dist. 
 LOUIS SCII^i'I'-ER, 17(/t Dist. 
 WARREN P. NOBLE, 9th Dist. 
 
 The Case before the United States Supreme Court. 
 
 Washington, Fchruary 15, 1864. 
 
 The case of Mr. Vallamiijihani, e^, parte, was docidcj in 
 the Supreme Court of the United States to-iUiy. Thepcti- 
 tioDcr asked that the writ oiccrliorari be directed to the 
 Jud^jc Advocate Geccral for a revision of theprocecdingsof 
 the Militarj- Comnussion which tried him, the jurisdiction of 
 which was denied as extending to the case ol a civilian, ana 
 the object being to have tl:e s ntence annul od, on the 
 ground of illcgulity. The Judge .\dvocate, Col. Ilolt, had 
 responded in a writ ten argument that tho Court might with 
 as nuK'h prcprioty be called upon to restrain, by ioj auction, 
 the proccedin.^s cf Congress, as to revise by certiorari and 
 reverse the proceedings of the military authority in time 
 of war in the punishment of all military offences, according 
 to ihe usages ol civilized natious and the power given by 
 the Constitution and laws of the United States for the 
 common defence and public safety. 
 
 Justice Wayne to day delivered the opinion of the Court, 
 refusit g the writ, on the ground that even if (he arrest, 
 trial, ami punisbm nt of Vallanvligham were illegal, there 
 is no aulhorily in t!u) Ciiivt to crant relief in this mode, 
 and that there is no law by which any appeal or proceedings 
 in the nature of an app'/al from a Military Commission to 
 the Supreme Court can be taken. 
 
 JTis Letter on "Retaliation." 
 
 WiN-Dsoii, C. W., March 7, 1864. 
 Messrs. ITubbap.b and Btiotuer, Dayton, Ohio: 
 GENlLi;Mi:N: I read, several days ago, the telegraphic 
 
 announcement of the " riddling" of the Empire office by 
 " furloughed soldiers." I offer you no sympatliy, for that 
 will avail nothing now or hereafter. I do express to you 
 my profound reg'.et that j'ou were not prepared to inflict 
 on tho spot, and in tho midst of the assault, the complete 
 puni^hnu'ut which tlio ass;'il;'.nt3 deserved; but am grati- 
 licd to learn that kouio of tliciii did soon after receive their 
 deserts. But thoc co\v:u-dly acts cannot always be guarded 
 against. And they do not primarily come from the "sol- 
 diers." There is, "tlieroforc, but one remedy for pa«t and 
 preventive of future injuries; and that is, instant, sum- 
 mary, and ample reprisals upon tho persons and property 
 of the men at homo who, by language and conduct, are al- 
 ways exciting these outrages. 
 
 No legal nor military punishment Is ever inflicted upon 
 the immediate instruments. Retaliation, therefore, is the 
 only and rightful remedy in times like these. I speak ad- 
 visedly, and recommend it in all cases hereafter. It is of 
 no avail to announce the falsehood that " both parties con- 
 demn it," after the destruction has been consummated. 
 The time has gone by for obedience without protection. 1 
 speak decided language ; but the continual recurrence o/ 
 these outrages — frequently attended with murder, and 
 always without redress — demands it. They must bo 
 stopped, let the consequences bo what they may. Repri- 
 sals in such cases are now tbe only way left for a return to 
 law and order. 
 
 Very truly, C. L. VALLANDIGHAM. 
 
 Mr. Vallandigham' s Return and Address. 
 18G4, June 15 — Mr. Vallandigham returned 
 to Ohio, and that day addressed the Democratic 
 Convention at Hamilton, Ohio, as follows : 
 
 Men of Ouio : To-day I am again in your midst and upon 
 the soil of my native State. To-day I am once more within 
 the tlistrict which for ten years extended to me the highest 
 confidence, and three times honored me .as its Representa- 
 tive in the Congress of the United States. I was accused of 
 no crime against the Constitution or laws, and guilty of 
 none. But whenever and wherever thus charged upon duo 
 process of law, I am now here ready to answer before any 
 civil com-t of competent jurisdiction, to a jury of my coun- 
 trymen, and in the meantime to give bail in any sum wliich 
 any judge or com-t, State or Federal, may iifflx, and you, the 
 186,000 Democrats of Oliio, I oiler as my sureties. 
 
 Never for one hour have I remained in exile because I 
 recognized any obligation of obedience to the unconstitu- 
 tional and arbitrary edict. Neither did personal fear ever 
 restrain me. And to-day I return of my o\\ti act and pleas- 
 ure, because it is my constitutional and legiil right to rettrm. 
 Only by an exertion of arbitrary power, itself against the 
 Constitution and law, and consummated by military force, I 
 was abducted from my home and forced into banishment. 
 The assertion or insinuation of the President that I was ai-- 
 rested " because labeling, with some eflect, to prevent the 
 raising of troops, and to encourage desertions from the 
 army," and was responsible for numerous acts of resistance 
 to the draft and to the arrest of deserters, causing "assassi- 
 nation, maiming, and murder," or that at any time, in any 
 way, I had cUsobeyed or tailed to counsel obedience to tho 
 lawful authority, or even to the semblance of law, is abso- 
 lutely false. 
 
 I appeal for the proof to every speech I ever made upon 
 those questions, and to tho very record of the mock Military 
 Commission by the trial and sentence of which I was out- 
 raged. No ; the sole offence then laid to my charge was 
 words of criticism of the public policy of the Administra- 
 tion, addressed to open and public political meetings of my 
 fellow-citizens of Ohio, lavN-fully and peaceably assembled. 
 And to-<lay, my only "crime" is, that in the way which 
 they call treason, worship I the Constitution of my fathers. 
 
 has been 
 le States 
 political 
 tIiroui;h 
 
 '. Tr,, v,T 
 ^ .if 
 
 But for now more than one year, n 
 arrested, and no newspaper supi ill i 
 adhering still to the Union, for V.-. ■ 
 oijinion; while hundreds, in puM.. .; 
 the press, have, with a license and vioi.i 
 indulged, criticised and condemned the 
 the Administration, and denounced th 
 even the propriety and necessity of 
 southern independence. 
 
 Indorsed by nearly two hundred thousand freemen of tho 
 Democratic party of my native State at the late elections, 
 and still with the s>Tiipathy and support of millit)ns more, 
 I do njt mean any longer to bo tho only man of th:'.t party 
 who is to be the \ictim of arbitrary power. If .Ibrahaui 
 Lincoln seeks my life, let him so declare; but he i-hall not 
 again restrain mo of my personal liberty except upon " due 
 process of law." Tho imcoustitutional and monstrous 
 "Order 38," under which alone I was arrested thirteen 
 months ago, was defied and .spit upon at your State 
 convention of 1SG,3, by tho gallant gentleman who bore tho 
 standard as your candidate for Lieutenant Ooviruor, and by 
 
KG 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 every Democratic press and public speaker ever since. It is 
 ile;id. From the first it was ii-aiust tlio Constitution and 
 laws, and without validity ; and all proceedings under it 
 were and are utterly null and void and of no efi'cct. 
 
 The indi.^niint voi'"e of condemnation long since went 
 forth from the vant majority of the people and presses of 
 America and from all free countries in Europe wiih entire 
 unanimity. And more recently, too, the '' platform" of an 
 earnest, numerous, and most formidable Convention of 
 the sincere Republicans, and still further, the emphatic 
 letter of acceptance by the candidate of that Convention, 
 Gen. John 0. Fremont, the first candidate also of the Re- 
 public Lu party for tho Pi esidency eight years ago, upon 
 the ra'lyingcry of "Free speech and a free Press," give re- 
 nenewed hope that at last the reign of arbitrary power 
 is about to bo bi0U!;;ht to an end i;i the United States. It 
 is neither jnst uor tit, therefore, ihat the wrongs inflicted 
 under '• Order SS," and the gtlier edicts and acts of such 
 [lowor, should be any longer endured — certainly not by me 
 alone. 
 
 Hut every ordinary means of redress has first been ex- 
 hausted; yet cither by the direct agency of the Adminis- 
 tration and its subordinates, or through its influence or 
 intimidation, or because of want of jurisdiction in the civil 
 cowts which no American in former times conceived to be 
 possible here, a Ihave failed. Counsel applied in my behalf 
 to an unjust judge for the writ of habeas corpus. It was 
 denied; and now "the privilege of that writ is suspended by 
 act of Congress and E.xccutivo order in every State. The 
 Df mocratir; Convention of Ohio, one year ago, by a resolu- 
 tion formally presented through a committee of your best 
 and ablest men in person, ai Washington, demanded of 
 the President, in behalf of a very large minority of the 
 people, a revocation of the edict of banishment. 
 
 Pretending that the public safety then required it, he 
 refused ; saying, at the same time, that " it would afford him 
 pleasm-e to comply as soon as he could by any means be 
 made to believe that the public safety would not suffer by 
 it." Ono year has elapsed, yet this Iiollow pretence is still 
 tacitly assorted, and to-day i i; - i li i f > jirMve it unfounded 
 in fact. I appealed to tho ; i •' ; I of the United 
 
 States ; and because CongTi 1 i i' . - >!ifcrredjurisdic- 
 tion in behalf of a citizen t! I -i lU unknown for 
 
 Buch purpose, to the laws, :;i: . > ] rbiddcn by the 
 
 Constitution, it was powerlr- I i :lii! wrong. The 
 
 time has, therefore, arrivcil, '-> .: . i : n-s me as a citi- 
 zen of Ohio and of tho Uiiitr 1 .-.li , (I liemand, and, by 
 my own act, to vindicate tho rights, liberties, and privileges 
 which I never forfeited, but of which, for so many months, 
 I have been deprived. 
 
 ^Vher;•fore, men of Ohio, I am again in your midst to-day. 
 I ov/o duties to the State, and am here to discharge them. 
 I have rights as a citizen, and am here to assert them ; a 
 wife, and child, and home, and would enjoy all the pleas- 
 ui-es which are implied in those cheerful words. But I am 
 here for peace, not distmbanco; for quiet not convulsion; 
 for order and law, not anarchy. Let no man of the Demo- 
 i-ratic party begin any act of violence or disorder ; but let 
 none shrink from any re^pon^i^iiily. 1.' \-. ■-■ r urgent, if 
 forced upon him. Careful of tho i ; ' -, let him 
 
 see to it that he fully and le.ii lis i, . , ; u. Sub- 
 
 ject to rightful authority in nil Ihiii. ! ■ : ,ii Milaiiit to 
 excess or usurpation in no tlii,!. ' : i lo the Consti- 
 tion and law, let him dbniaii ; . :"i ' , . i: juU measure of 
 protection which law and Cii i ,1 ire to him. 
 
 Menof Oliio: You have ni. ,, i 1 your right to 
 
 hear; it is now my duty to : ,1 .... ,'.. Aihcre- 
 
 fore, astotho sole offence 1 1 \ \ i, impris- 
 
 oned, and banished — freespi.' :,ii';. ; . 1.1 , .1 . ndemnu- 
 tion of the Administration — au.'iUi:uii!..ii.i,t:uuliily dosfrilifd 
 hi a recent public paper by one of its early supii-.n ' -. 
 "marked at homo by disregai'd of constitutional liyl.: 
 its violation of personaHiberty and the liberty of tin- 1 . 
 and, as its cro^vning shame, by its abandonment of the n.in 
 of asylum, a right especially dear to all free nations abroad,' 
 1 repeat it hero to-tlay, and will again and yet again so long 
 as I live, or the Constitution and our present fonu of Gov- 
 ernment shall survive. 
 
 The words then spoken and the appeal at that time made, 
 and now enforced by one yciir more of taxation and deljt, 
 ami of blood and di«;ister, entreating the people to change the 
 public servants a/d tljch- policy, not by force, but peaceably, 
 tlu'ough the ballot, I now and hero reiterate in their utmost 
 extent, and with all their signiflcancy I repeat them, one 
 and all. in no siiirit of challenge or bravado, but as earnest, 
 Kolii i. , ' I I .1 Li liili and warning to tlio peoi^le. 
 Li i sil'Ject allow mo hero a word: 
 
 A, '. ; ly-spread and very dangerous secret, oath- 
 
 boiu. i ■: uiii.iS.iiuu among the lri<'ii(ls df (lie Achiiinistra- 
 tion, known r.s ihe "Loyal Union )/ " - ! .; in every 
 State, yet tho very men who control '■., ■■ , r, Istently 
 
 upon the members of the Democratic |. .,., insi ilioyhavo 
 organized — especially in tho Norlli \W„l -liio "Order of 
 Knights of the Golden Circle," or some other secret society. 
 
 treasonable or "disloyal" in its character, affiliated with the 
 South, and for the purpose of armed resist'ir- • t 1 1 'r 1 ,.ii- 
 eral and Plate Goveriiiuents. Whether ai 1 ;. • '; -Mod 
 I do not know; but tliij charge that or;; , 1 : - iiuLt 
 sort, or having anysuch pni"poso,do now o ...i i ;, on , i>i fi- 
 bers of that party in Oliio or other uon-slaveUoluiug .states, 
 is totally and positively false. 
 
 That lawful political or party associations have been es- 
 tablished, having, as their object, the organizing and 
 strengthening of tho Democratic party, and its success i 1 
 the coming Presidential election, and designed as a coimter- 
 movement to the so-called " Union Leagues," and,therefore, 
 secret in their proceedings, is very probable, a:id however 
 objectionable hitherto, and in ordinary times, I rpi'ognizo 
 to the fullest extent, not the lawfulness only, but tho [ro- 
 priety and necessity of fuch organizations — for '■ when had 
 men combine pood men must associate." But they are r.o 
 consijiracy ag.aiust the Government, and their members 
 are not conspirators, but patriots; men not leagued toge- 
 ther for the overthrow of the Constitution or the laws, and 
 still less, of liberty, but firmly united for the preservation 
 and support of these great objects. 
 
 There is, indeed, a" conspiracy" very powerful, very an- 
 cient, and I trust that before long I may add, strongly 
 consolidated also, upon so'ind principles, and destined jet 
 to be triumphant — a conspiracy known as the Democratic 
 party, the present object of which is tho overthrow of the 
 Administration iu November next, not by force but throu;' h 
 the ballot-box, the election of a President who shall be truM 
 to his oath, to Liberty and the Constitution. Tliis is the 
 sole conspiracy ot which I know anything; and I am 
 proud to be one of the conspirators. If any othir exist, 
 looking to un-lawlul armed resistance to the Federal State 
 authorities anywhere, in the exercise of Iheir legal and 
 constitutional rights, I admonish all persons concerned, 
 that the act is treason, and the penalty death. 
 
 But I warn also the men in power that there is avast mul- 
 titude, a host whom they cimnot number, bound together by 
 the strongest and hoUest ties, to defend, by whatever means 
 the exigencies of the times shall demand, their natural and 
 constitutional rights as freemen, at all hazards and to the 
 last extremity. 
 
 Three years have now passed, men of Ohio, and the great 
 issue — constitutional liberty and free popular government — 
 is still before you. To you I again commit it, confident that 
 in this, tho time of their greatest peril, you will bo found 
 worthy of the ancestors who for so many ages, in England 
 and America, on the field, in prison, and upon the scaffold, 
 defended them against tyrants and usurpers, whether iu 
 councils or in arms. 
 
 June 11 — He is reported to have thus spoken 
 in response to a serenade, in Dayton : 
 
 My Friends : I greet you to-night as you greet mo, and I 
 can truly say, that from tins demonstration it is evident 
 you are determined to support those principles which I have 
 advocated and have suft'ered for. To me, this demonstra- 
 tion was unexpected, and I appear only to make my renewed 
 acknowledgment to you for this continued expression of 
 kindly feeling. 
 
 lie would make no threats, but he did not come from a 
 foreign country without a deUberate calculation of the cause 
 and the consequences, and a deliberate prcpara'ion I') meet 
 (hem. He could bo taken by any due ciwl process, by iiny 
 crippled constable, but without that no force could do it. 
 Three hundred men, armed to tho teeth, would not again 
 find him in his house after the door had been buttoned 
 down, but they would .^«cZ him the next dai/ and not far off, 
 finimcnse cheers,] and if any military commander of the 
 ! ' , - lint were to undertake such an arrest ho waraed them 
 , 1 111 ( lis town the persons and property of those insti- 
 ^ , ,- . ach a proceeding would be held as hostage. He 
 rl.ould lu-go an eye for an eye, and a tooth for a tooth, so 
 help him over living Jehovah. 
 
 Ho appoai-cd, not to speak upon questions of politics, he 
 said, uor to add to what he had said the day lieforc. 
 
 lie had come, ho said, for the purpose of living at homo 
 with the wife of liis bosom and his child, to live in his own 
 home from which he had been torn thu-teen months before, 
 and to receive in quiet the calls of his friends. lie did not 
 exjjcci to be again molested unless by men in this city, and 
 the foi'mer scenes revived. "U' this be done,' ho Siud, "7 
 wai-n them that the result will be such as comxMrcd to it, the 
 other was hut dust in the scale." 
 
 He then reviewed his personal and political history deify- 
 ing any person to show wherein ho had merited the treat- 
 ment ho had received. Ho again repeated that he desired 
 no disturbance, and believed there would be none. lie did 
 not believe there would be any attempt to arrest him 
 again, but should there be, he repeated his warning, not, as 
 he said, in a spirit of liravado, but to let his IViends know 
 that he anil his friends were prepared for any emergency. 
 This ho several times repeated. 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 177 
 
 Ho then announced his intention of beeping his mouth 
 closed until alter the Democratic Convention at Chicago, 
 when ho would make his purpose known. 
 
 Cincinnati, June 17. 
 A desp.atch from Dayton to the Commercial says: "There 
 is but little doubt that Vallandigham's arrival was unex- 
 pected to his friends. Ilis house was open yesterday and a 
 large number of his friends called on liiui." 
 
 Vallandigham's Return. 
 A Washington dispatch to the Neio York ITcrnld says : 
 "A key to the policy of the President to bo pursued to- 
 ward Vallandigham has been recently given in a meeting 
 between the Kentucky delegation in Congress and Mr. Lin- 
 coln relative to the case of Colonel AVolford. This ollicer, it 
 will be remembered, was arrested by General BurhriM-.; 
 and sent to Washington, where ho has since remain d, re- 
 porting daily to the War Department. In answer to the 
 request that the order of General Burbridge be resciuded, 
 the President replied that ho should not depart from the 
 policy before pursued concerning Vallandigham. Mr. Mal- 
 lory rem.arked that the Vallandigham order was inoperative, 
 that individual having retm-ned to Ohio. Mr. Lincoln re- 
 pUed, in substance, that he had no official knowledge of 
 Yx,] andigham's return, and that when Mr. Vallandigham 
 made his presence known by objectionable acts, tho Execu- 
 tive would bo prepared to act. The application in favor of 
 Colonel Wolford was not granted." 
 
 SUSPENSI023" OF THE "WRIT OF HA- 
 BEAS CORPUS. 
 1861. 
 
 April 27 — The President issued to Lieut. 
 General Scott this order: 
 
 You are engaged in suppressing an insurrection against 
 the laws of the United States. If at any point on or in the 
 vicinity of any military line which is now or which shall 
 be used between the city of Philadelphia and tho city of 
 Washington, you find resistance which renders it necessary 
 to suspend tho writ of habeas corpus for the public safety, 
 you personally, or through the ofhcer in command, at the 
 point at which resistance occurs, are authorized to suspend 
 that writ. ABRAUAM LINCOLN. 
 
 By the President: 
 
 Wm. II. Seward, Secretary of State. 
 
 July 2 — This order was extended to the mili- 
 tary line between New York and Washington. 
 
 May 10 — The President issued a proclama- 
 tion authorizing, the commander of the forces of 
 the United States on the Florida coast, "if he 
 shall find it necessary, to suspend there the 
 writ of habeas corpus, and to remove from the 
 vicinity of the United States fortresses all dan- 
 gerous or suspected persons." 
 1862. 
 Washington, September 24. 
 
 Whereas, it has become necessary to cal into 
 service, not only volunteers, but also portions 
 of the militia of the State by draft, in order to 
 suppress the insurrection existing in the United 
 States, ani disloyal persons are not adequately 
 restrained by the ordinary processes of law from 
 hindering this measure, and from giving aid and 
 comfort in various ways to the insurrection : 
 
 Now, therefore, be it ordered : 
 
 First. That during the existing insurrection, 
 and as a necessary measure for suppressing the 
 same, all rebels and insurgents, their aiders and 
 abettors, within the United States, and all per- 
 sons discouraging volunteer enlistments, resist- 
 ing military drafts, or guilty of any disloyal 
 practice aflording aid and comfort to the reb- 
 els against the authority of the United States, 
 shall be subject to martial law, and liable to 
 trial and punishment by courts-martial or mili- 
 tary commission. 
 
 Second. That the writ of habeas corpus is sus- 
 pended in respect to all persons arrested, or who 
 
 12 
 
 are now, or hereafter during the rebellion shall 
 be, imprisoned in any fort, camp, arsenal, mili- 
 tary prison, or other place of confmement, by 
 any military authority, or by the sentence of any 
 court-martial or military commis ion. 
 
 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 twenty- 
 fourth d.ay of September, in the year of our 
 Lord one thousand eight hundred and sixty-two, 
 and of the independence of the Uuited States 
 the eighty-seventh. 
 
 ABRAHAM LINCOLN. 
 
 By the President: 
 
 Wm. H. Sewaed, Secretary of State. 
 1863. 
 
 GENERAL SUSPENSION OF THE WRIT. 
 
 Whereas the Constitution of the United States 
 has ordained that the privilege of the writ of 
 habeas corpus i\vA\\ not be suspended unless when 
 in cases of rebellion or invasion the public safety 
 may require it; and whereas, a rebellion was 
 existing on the 3d day of March, 18G3, which 
 rebellion is still existing: and whereas by a 
 statute which was approved on that day it was 
 enacted by the Senate and House of Representa- 
 tives of the United States in Congress assem- 
 bled, that during the present insurrection the 
 President of the United States, whenever in his 
 judgment the public safety may require, is 
 authorized to suspend the privilege of the writ 
 of habeas corpus in any case throughout the 
 United States, or any part thereof; and whereas 
 in the judgment of the President the public 
 safety does require that the privilege of the said 
 writ shall now be suspended throughout the 
 United Statesin the cases where, by the author- 
 ity of the Pi-esident of the United States, mili- 
 tary, naval, and civil officers of the United States, 
 or any of them, hold iJersons under their com- 
 ftiand or in their custody either as prisoners of 
 war, spies, or aiders or abettors of the enemy, or 
 officers, soldiers, or seamen enrolled or drafted 
 or mustered or enlisted in or belonging to tho 
 land or naval forces of the United States, or as 
 deserters therefrom, or otherwise amenable to 
 the military law or the Rules and Ai'ticles of 
 War, or the rules or regulations prescribed ibr 
 the military or uaval services by authority of 
 the President of the United States, or for re- 
 sisting a draft, or for any other offence against 
 the military or naval service : 
 
 Now, therefore, I, Abraii^i Lincoln, Presi- 
 dent of the United States, do hereby proclaim 
 and make known to all whom it may concern, 
 that the privilege of the writ of habeas corpus is 
 suspended throughout the Uuited States in the 
 several cases before mentioned, and that this 
 suspension will continue throughout the dura- 
 tion of the said rebellion, or until this procla- 
 mation shall, by a subsequent one to be issued 
 by the President of the United States, be modi- 
 fied or revoked. And I do hereby require all 
 magistrates, attorneys, and other civil officers 
 within the United States, and all officers and 
 others in the military and naval services of the 
 United States, to take distinct notice of this 
 suspension, and to give it full effect, and all 
 
178 
 
 ADMIXISTRATION OF ABRAH^VM LINCOLN. 
 
 citizens of the United States to conduct and 
 govern tliemselves accordingly and in conform- 
 ity witli the Constitution of the United States 
 and the laws of Congress in such case made 
 and provided. 
 
 In testimony whereof, I have hereunto set 
 my hand and caused the seal of the United 
 States to be affixed, this 15th day of September, 
 1863, and the independence of the United States 
 of America the eighty-eighth. 
 
 ABRAHAM LINCOLN. 
 
 By the President : 
 
 Wm. H. Seward, Secretary of State. 
 
 1864. 
 
 SUSPENSION OF THE WRIT IN KENTUCKY. 
 
 Whereas, by a proclamation which was is- 
 sued on the 15th day of April, 18G1, the Presi- 
 dent of the United States announced and de- 
 clared that the laws of the United States had 
 been for some time past, and then were, op- 
 posed and the execution thereof obstructed, in 
 certain States therein mentioned, by combina- 
 tions too powerful to be suppressed by the or- 
 >dinary course of judicial proceedings, or by 
 the jiowers vested in the marshals by law ; and 
 whereas, immediately after the issuing of the 
 said proclamation, the land and naval forces of 
 the United States were put into activity to sup- 
 press the said insurrection and rebellion ; and 
 whereas the Congress of the United States, by 
 an act approved on the 3d day of March, 18G3, 
 did enact that during the said rebellion the 
 President of the United States, whenever in 
 his judgment the public safety may require it, 
 is authorized to suspend the privilege of the 
 writ of habeas corpus in any case throughout 
 the United States, or in any part thereof; and 
 whereas the said insurrection and rebellion 
 still continue, endangering the existence of the 
 Constitution and Government of the United 
 States; and whereas the military forces of the 
 United States are now actively engaged in sup- 
 pressing the said insurrection and rebellion in 
 various parts of the States where the said re- 
 bellion has been successful in obstructing the 
 laws and public authorities, especially in the 
 States of Virginia and Georgia ; 
 
 And whereas, on the fifteenth day of Sep- 
 tember last, the President of the United States 
 duly issued his proclamation, wherein he de- 
 clared that the privilege of the writ of habeas 
 corpus should be suspended throughout the 
 United States in cases where, by the authority 
 of the President of the United States, militai-y, 
 naval, and civil officers of the United States, 
 or any of them, hold persons under their com- 
 mand or in their custody, either as prisoners of 
 war, spies, or aiders or abettors of the enemy 
 or officers, soldiers, or seamen enrolled or draft 
 ed or mustered or enlisted in or belonging ix 
 the land or naval forces of the United States or 
 as deserters therefrom, or otherwise amenable 
 to military law or the rules and articles of war, 
 or the rules or regulations prescribed for the 
 military or naval service by authority of the 
 President of the United States, or for resisting 
 a draft, or for any other offence against the 
 military or naval service ; 
 
 And whereas many citizens of the State of 
 
 Kentucky have joined the forces of the insur- 
 gents, and such insurgents have on several oc- 
 casions entered the said State of KenjLucky in 
 large force, and, not without aid and'comfort 
 furnished by disaffected and disloyal ci izens of 
 the United Statei residing therein, have not 
 only greatly disturbed the public peace, but 
 have overborne_ the civil authorities and made 
 flagrant civil war, destroying property and life 
 in various parts of that State ; 
 
 And whereas it has been made known to the 
 P.esident of the United States by t!ie officers 
 commanding the national armies that combina- 
 tions have been formed in the said S ate of 
 Kentucky with a purpose of inciting rebel 
 forces to renew the said operations of civil war 
 within the said State, and thereby to embarass 
 the United States armies now operating in the 
 said States of Virginia and Georgia, and even 
 to endanger their safety: 
 
 Now, therefore, I, Abraham Lincoln, Presi- 
 dent of the United States, hy virtue of the au- 
 thority vested in me by the Constitution and 
 laws, do hereby declare that, in my judgment, 
 the public safety especially requires that the 
 suspension of the privilege of the writ of habeas 
 corpus, so proclaimed in the said proclamation 
 of the luth of September, 1863, be made effec- 
 tual and be duly enforced in and throughout 
 the said State of Kentucky, and that martial 
 law be for the present established therein. I 
 do, therefoi-e, hereby require of the military 
 officers in the said State that the privileges of 
 the writ of habeas corpus be effectually sus- 
 pended within the said State, according to the 
 aforesaid proclamation, and that martial law 
 be established therein, to take effect from the 
 date of this proclamation, the said suspension 
 and establishment of martial law to continue 
 until this proclamation shall be revoked or 
 modified, but not beyond the period when the 
 said rebellion shall have been suppressed or 
 come to an end. And I do hereby require and 
 command, as well all military officers as all civil 
 officers and authorities existing or found within 
 the said State of Kentucky, to take notice of 
 this proclamation and to give full effect to the 
 same. 
 
 The martial law herein proclaimed, and the 
 things in that respect herein ordered, will not 
 be deemed or taken to interfere with the hold- 
 ing of lawful elections, or wi'h the proceedings 
 of the constitutional Legislature of Kentucky, 
 or with the administration of justice in the 
 courts of law existing therein betA-een citizens 
 of the United States in suits or proceedings 
 which do not affect the military operations or 
 the constituted authorities of the Government 
 of the United States. 
 
 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 5th day 
 of July, in the year of our Lord, 1864, and of 
 the independence of the United States the 
 eighty-ninth. 
 
 ABRAHAM LINCOLN. 
 By the President: 
 
 William H. Seward, Secretary of State. 
 
 The 'Military Governors, appointed by tho 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 179 
 
 President, wei'e clotbeii with like povrer. This 
 is the letter of appointment : 
 
 "War Depaktjiext, 
 Washixgtc^ City, D. C, J.'j;/ 19, 1S62. 
 
 Sir: You are hereby appoiiitod military governor of the 
 State of North Carolina, \vith authority to exercise and 
 perform witliin the limits of that State all and singular the 
 powers, duties, and functions pertaining to thooflSco of mili- 
 tary governor, (including the power to establish all neces- 
 sary offices and tribunals, and suspend the writ of Aaieas 
 co!7J«,s.) during the pleasure of the President, or until the 
 loyal inhabit^ints of that State shall organize a civil gov- 
 ernment in conlbrmity mth the Constitution of the United 
 States. BDWIS M. STANTON, 
 
 iSecrtiary of War. 
 
 Note.— Major General JIcClelian authorized Gen'ral 
 Eaxks to suspend the writ of habeas corpus, if necessary in 
 carrying out the instructions of the former for the arrest of 
 certain members of th • Maryland Legislature in October, 
 1801. (See '• Military Orders respecting Elections.") 
 
 ACTION" OF CONGRESS. 
 
 First Session, Thirty-Seventh. Congress. 
 
 m SENATE. 
 1861, July 29— Mr. Trumbull, from the Com- 
 mittee on the Judiciary, reported back the me- 
 morial of Charles Ho\rard and others. Police 
 Commissioners of Baltimore, arrested and con- 
 fined as prisoners in Fort McHenry, and asked 
 to be discharged from the subject, the Com- 
 mittee being of opinion that no legislation by 
 Congress is practicable with reference to the 
 matter set forth in the memorial.* 
 
 Mr. Bayard proposed to amend the report 
 by substituting: 
 
 Resolved, That the members of the poUce board of the 
 city of Baltimore ought to be either surrendered to the civil 
 authorities on some charge sufficient in law for their arrest 
 and detention, or be discharged from confinement at Fort 
 McHenry, and suffered to resume their official functions. 
 
 Resolved, That the control of the municipal police of Bal- 
 timore ought to be restored to those civil officers to whom, 
 by the laws of Maryland, it is intrusted. 
 
 Resolved, That George P. Kane, marshal of police in the 
 city of Baltimore, ought either to be delivered up to the 
 ciril authorities on some charge sufficient in law to hold 
 him in custody, or be discharged fi-om confinement in Fort 
 McHenry. 
 
 The subject was postponed. 
 
 Aug. 6 — Mr. Powell proposed in the Senate 
 a resolution similar to Mr. May's in the House, 
 but the motion to take it up was lost — yeas 7, 
 nays 83. The seven were Messrs. Breckinridge, 
 Bright, Johnson, of Missoari, Latham, Polk, 
 Powell, Saulsbury. 
 
 IN HOUSE. 
 1861, July 31— Mr. May offered this resolu- 
 tion : 
 
 "Uhereas the Constitution of the United States declares 
 that no warrant shall issue but upon probable cause, sup- 
 ported by oath or affirmation ; that no citizen shall be de- 
 prived of his liberty without due process of law ; and that 
 the accused shall enjoy the right of a speedy trial by a jury 
 of the district where the offence was commiited: and 
 whereas Charles Howard, "SVilUam H. Gatchell, and John 
 Vf. Davis, citizens of Baltimore, in the State of Maryland, 
 ■were, on the 1st day of July, 1861, seized without warrant, 
 and wthout any process of law whatever, by a body of 
 soldiers from the Army of the United States, by order of 
 Major General Banks, alleged to have been made in pursu- 
 ance of orders issued from the headquarters of the Army 
 at Washington, and were removed by force and against their 
 will from their homes to Fort McHenry, where they have 
 ever since been, and now are, confined as prisoners; and 
 whereas the said military officer, without warrant or au- 
 thority of law, superce'ded and suspended the official func- 
 ti'jus of the said Charles Howard and others, members of the 
 board of police of Baltimore : and whereas, since their said 
 Hrrest, a grand jury attending the United States district 
 
 * For further facts, see " The Conspiracy of Disunion. " 
 
 court in n.ilti'moro. and selected and summoned by a mar- 
 shal ail' .; ' 1 . ih' present Kxecutive of the Un t-J 
 State . ii.il ; (ion in the premises, and havingfally 
 
 inve-ti 1 ! I .i" r.llcged violation of law, has iinaliy 
 
 adjouni' i i; — -: ! without fiuding any presentment or 
 indictment or other proceeding against them, or cither of 
 them, and the President of the United States, being re- 
 quested by a resolution of the House of Representatives to 
 communicate the grounds, reasons and evidence for their 
 arrest and imprisonment, has declined so to do, because he 
 is advised that it is incompatible with the public interests : 
 and whereas, since these proceedings, the said citizens, with 
 others, have been, by force and against their wills, trans- 
 ferred by the authority of the Government of the United 
 States beyond the State of Maryland and the jurisdiction of 
 that court which it is their constitutional right to claim, and 
 are to be subjected to an indefinite, a hopeless, and cruel 
 imprisonment in some fort or military place, unfit for the 
 confinement of the citizen, at a remote (hstance from their 
 families and friends, .and this without any ,iccusali"n. inves- 
 tigation, (ir trial whatever : and whereas f:! ■ n- : i ^nal 
 privilege of the writ of /iafteascorpifs III- 1 !ti ' 1 with 
 contempt, and a militarv officer (the pr : . < : , n.-i-al 
 
 Hanks) has taken upon himself the rr-i : / .i,r, . i wilful 
 di-oueuieu'e to the v.Tit, ami r. ■ i : ,■ _ ■ ■■f the same 
 n^'w ciiutinues suspended, the ■ iiiir the civil to 
 
 the military power, thus vijii: i rtlirowing the 
 
 Constltutinn of the United Sta.i. -. ;i'. I -' :: i:i.;iipinit3Ste.ld 
 amilitarydespotism : andwhere.is the Congress of the United 
 States regards the acts aforesaid as clear and palpable vio- 
 lations of the Constitution of the United states, and de- 
 structive to the liberties of a free people : Therefore, 
 
 Resolved, That the arrest and imprisonment of Charles 
 How;a-d, \ViUiam H. Gatchell, and John "W. Davis, and 
 others, without warrant and process of law, is flagrantly 
 unconstitutional and illegal ; and they should, without de- 
 lay, be released, or their case remitted to the proper judicial 
 tribunals, to be lawfully heard and determined. 
 
 Ruled out of order under the rule regulating 
 the business of the session. 
 
 Second Session. Thirty-Seventh Congress. 
 IN SENATE. 
 1861, Dec. 10— Mr. Trumbull offered the 
 following resolution : 
 
 Resolved, That the Secrebiry of State be directed to in- 
 form the Senate whether, in the loyal States of the Union, 
 any person or persons have been arrested and imprisoned, 
 and are now held in confinement by orders from him or his 
 Department; and if so, under what law said ai-rests have 
 been made, and said persons imprisoned. 
 
 Which was referred to the Judiciary Com- 
 mittee — yeas 25, nays 17, as follows : 
 
 Yeas — Messrs. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Cowan, Dixon, DooUttle, Fessenden, Foot, Foster, 
 Harris, Howe, Johnson of Tennessee, King, Lane of IniUana, 
 Morriil, I'omeroy, Rice, Sherman, Simmons, Sumner, Ten 
 Eyck, Wade, \Vilson — is. 
 
 Nays— Messrs. Bayard, Bright, Carlile, Grunes, Hale, 
 H:ulan, Kenned;/, Latham, McDougall, JVesmith, Pearce, 
 Powell, Saulsbury, Thomson, Trumbull, Wilkinson, Wil- 
 ley-17. 
 
 1861, December 23— Mr. Kixg offered this 
 resolution, which was referred to the Commit- 
 tee on the Judiciary : 
 
 Resolved, That the President be requested to cause pro- 
 ceechngs to be instituted in the courts of law against per- 
 sons who have been arrested by executive authority or 
 order since the breaking out of the present insm-rection. 
 and who are now detained in custody, so that a judicial 
 examination may be had in each case to ascertain who. if 
 any of them, may be allowed to take the oath of allegiance 
 to the United States, and be tiischarged, and who shall be 
 detained for a further examination or be prosecuted for 
 treason or other crime; and to communicate the names of 
 all persons that have been so arrested, and the date of arrest, 
 to the Senate. 
 
 CASE OP GENERAL CHARLES P. STOKE. 
 
 1802, April 11— Mr. McDouqall offered this 
 resolutioti : 
 
 Resolved, That the Secretary of War be reoupsted to in- 
 form the Senate at once on lie' li 1' v, :■ . i mts, namely: 
 1. Whether or not Brigadier 1 M i I i !'. .Stone has 
 
 been arrested by any person in ; i . n th" War De- 
 partment or in tlioArmyof th'- ! lut 1 Mat -; audif he has 
 been so iu-rested, from whom tiiu order for General Stone"8 
 
180 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 arrest originally proceeded — whether the Secretary himself 
 or the general then commanding the army of the Potomac. 
 2. Also, whether at the time of such arrest General Stone 
 was not subject to the Articles of War, and entitled to the 
 benefit of them: and if he was so subject and entitled, 
 whether or not he was arrested for a violation of any and 
 which of those articles; and on whoso complaint General 
 Stone was arrested, and by whom, if by any persons, charges 
 have been preferred against him; and that the Secretary of 
 AVar be requested to communicate to tlie Senate the speci- 
 fications under such charges as fully as his present infor- 
 mation will enable him to state them. 3. Also, whether 
 any, and if any, what, steps have been taken toward the 
 preparation of such charges and specifications; and if any 
 Buch steps have been so taken, whether or not the prose- 
 cution of the matter has been intrusted to the judge advo- 
 cate general of the Army, or of the army of the Potomac, 
 or to some other, and what other, special judge advocate; 
 and if not to either of said judges advocate general, why 
 the case of General Stone did not take the customary course 
 when a general oflBcer is arrested, and whether or not either 
 of the judges advocate above specially named has been, and 
 when first, consulted in this matter. 4. Also, whether or 
 not General Stone has at any time, and when, and how 
 often, in person or by counsel, applied for an immediate trial ; 
 and whether he has not represented to the Secretary of War 
 the injustice which he suijposed would result to him from 
 deferring his trial by reason of the death of important wit- 
 nesses in any manner connected with the administration of 
 his late command upon the Potomac; and what answer, if 
 any, has been made to such representation by or on behalf 
 of General Stone. 5. Also, whether or not the substance 
 of said charges, more or less, has been in any, and what 
 way, and upon whose application, communicated to Gen- 
 eral Stone; and if not, why not; and if not, whether or not 
 General Stone has applied directly or indirectly for such 
 charges. 6. Also, whether any, and what, privileges have 
 Inm-ed to General Stone under the Articles of War Nos. 
 74, 79, 80, and 82, and Noe. 221 and 223 of the Revised Reg- 
 ulations of the Army, and what degi-eo of confinement 
 was originally ordered in reference to General Stone, and 
 whether any and what change has been made, and when, 
 from its original severity. 7. Also, if General Stone was 
 not arrested for some alleged violation of the Articles of 
 War, upon what pretence is he kept in close custody. 
 
 April 22 — On motion of Mr. Wilson, the res- 
 olution was amended so as to read thus, and 
 passed : 
 
 That the President of the Um'ted States be requested to 
 commuuieate to the Senate any information touching the 
 arrest and imprisonment of Bripr.dier General Stone, not 
 deemed incompatible with the puljlic interest. 
 
 May 2 — The President transmitted this mes- 
 sage in reply : 
 
 Executive Mansion, 
 Washington, May 1, 1862. 
 To the Senate op the United States : 
 
 In answer to thn resolution of the Senate in relation to 
 Brigadier General Stone, I have tlio honor to state that he 
 wasarrested and imprisoned under my general authority, 
 and upon evidence which, whether he be guilty or inno- 
 cent, required, as appears to me, such proceedings to be had 
 against him for the public safety. I deem it incompatible 
 with the public interest, as also, perhaps, unjust to General 
 Stone, to make a more particular statement of the evidence. 
 
 He has not been tried because, in the state of mibtary 
 operr.tioiis at the time of his arrest and since, the ofBcers to 
 constitute a court-martial and for witnesses could not be 
 withdi-awu from duty without serious injury to the service. 
 11- vi-ill be allowed a trial without any unnecessary delay; 
 thr- charges and specifications will be furnished him in due 
 ■season, and every facility for his defence will be afi'orded 
 him by the War Department. 
 
 ABRAHAM LINCOLN. 
 
 18G2, May 14— Mr. Powell offered the fol- 
 lowing: 
 
 Resolved, That the Secretary of State bo directed to in- 
 form the Senate, how many citizens of Kentucky have been 
 arrested and confined outside the limits of the State by liis 
 order since 1st September last, and state tlie names of such 
 citizens, places where imprisoned, and how long confined, 
 and also the number and names of persons released and 
 where iniiuisoned. 
 
 Mr. Sumner offered the following as a sub- 
 stitute : 
 
 Resolved, That the President of the United States be re- 
 quested to communicate to the Senate, if not incompatible 
 «ilh the public interests, any iaformati'in in his possession 
 
 totiching the arrest of persons in Kentucky since the Ist of 
 September, ISOl, and their imprisonment beyond the limits 
 of that State. 
 
 Which was adopted — yeas 30, nays 7, as fol- 
 lows : 
 
 Yeas — Messrs.. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Dixon, Doolittle, i'e^seuden. Foot, Foster, Grimes, 
 Harlan, Harris, Howard, Howe, King, Lane of Indiana, 
 Lane of Kansas, Morrill, Pomerov, Sherman, Simmoi;s, 
 Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmut, 
 Wilson of Massachusetts, Wnglit—30. 
 
 Nats— IMessrs. Davis, McDougaU, Nesmith, Powell, Sauls- 
 bury, Willey, Wilson of Missom-i— 7. 
 
 IN HOUSE. 
 
 1861, December 10 — Mr. Bingham, from the 
 Judiciary Committee, asked to be discharged 
 from the further consideration of the memorial 
 of Messrs. Howard, Gatchell, and Davis, Police 
 Commissioners of Baltimore. 
 
 Mr. Pendleton moved to recommit the report, 
 with these instructions : 
 
 Resolved, That the Congress alone has the power, under 
 the Constitution of the United States, to suspend the privi- 
 lege of the writ of habeas corpus ; that the exercise of that 
 power by any other department of the Government is a 
 usurpation, and therefore dangerous to the liberties of the 
 people; that it is the duty of the President to deliver Charles 
 Howard, William H. Gatchell, and John W. Davis to tha 
 custody of the marshal of the proper district, if they are 
 charged with any offence against the laws of the United 
 Stat' s. to thi ' rnd that they may be indicted, and " enjoy the 
 liulit "!' (I sji rily and public trial by an impartial jm-y ol 
 till St.iti ;u]'l district wherein the crime " is alleged to hav« 
 been eomiuitte-d. 
 
 Mr. Bingham moved to lay the whole subject 
 on the table, which was agreed to — yeas 108, 
 nays 26, as follows : 
 
 Yeas — Me?srs.Aldrich, Alley, Arnold, Babbitt, Goldsmith 
 F. Bailey, Baker, Baxter, Beaman, Bingham, Francis P. Blair, 
 Jacob B. Blair, Samuel S. Blair, Blake, BuflSnton, Burnham, 
 Calvert, Campbell, Chamberlain, Clark, Cobb, Colfax, Frede- 
 rick A. Conkling, Roscoe Conkling, C)-avens, Davis, Dawes, 
 Delano, Diven, Duell, Dunlap, Dunn, Edgcrton, Edwards, El- 
 iot, English, Fenton, Fessenden, Franchot, Frank, Goodwin, 
 Granger, Grider, Haight, Hale, Hanchett, Harrison, Holman, 
 Hooper, Horton, Hutchins, Julian, Kelley, Francis W. Kel- 
 logg, William Kellogg, Killinger, Lansing, Law, Loomis, 
 Lovejoy, McPherson, Mallory, Maynard, Menzies. Sloorhead, 
 Anson P. Merrill, Justin S. Momll, NLxon, Noell, Olin, Pat- 
 ton, T. G. Phelps, Pike, Pomeroy, Porter, Potter, Alexander 
 H. Bice, Riddle, Edward H. Rollins, Sargent, Sedgwick, 
 Shanks, Slieffield, Shellabarger, Sherman, Sloan. iSnuV/i, Ste- 
 vens, Stratton, Benjamin F. Thomas, Francis Thomas, Train, 
 Trimble, Trowbridge, Upton, Van Horn, Van Wyck, Verree, 
 Wall, Wallace, Charles W. Walton, E. P. Walton, Wash- 
 burne, Wheeler, Albert S. White, Wilson, Woodruff, Wor- 
 cester, Wright— Id?,. 
 
 Nays— Messrs. Allen, Ancona, Joseph Baily, Riddle, George 
 H, Browyie, William G. Brown, Cooper, Foulx, Harding, 
 Johnson, Lazear, May, Morris, NoUe, Norton, Pendleton, 
 Perry, Robinson, Shiel, John B. Steele, William G. Steele, 
 Vnllandigham, Wadsworth, Ward, Chilton A. White, Wick- 
 liffc-26. 
 
 Third Session, Thirty-Seventh Congress. 
 IN SENATE. 
 
 1862, December 2 — Mr. Powell, offered the 
 following resolution : 
 
 Resolved, That the President be requested to inform the 
 Senate the number and the names of citizens of Kentucky 
 who have been, and who aro now confined in the military 
 prisons and camps of the United States, outside the limits 
 of said State ; what are the charges against them, by whom 
 made, and by whose order the aiTests were made. 
 
 December 5— Mr. Clark offered an amend- 
 ment : to insert the words " if not incompatible 
 with the public service;" which was agreed to, 
 and the resolution as amended was adopted. 
 
 December 16— Mr. Saulsbuey offered the fol- 
 lowing resolution : 
 
 Resolved, That the Secretary of War be and is hereby di- 
 
ADMIXISTRATION OF ABRAHAM LINCOLN. 
 
 181 
 
 rected to inform the Senate whether Dr. John Law and 
 AVhiteley Me'ivditli, or either of them, citizens of the State 
 of Utlaware, h;ive been arrested and imjirisoned in Fort 
 Dehiware; wlien they -were arrested and so iraprirfonod; the 
 cliarg'^s against them; by whom made ; by what orders tliey 
 werearrested and imprisoned; and tliat ho communicate to 
 the Senate all papers relating to their aiTest and imprison- 
 ment. 
 
 Which was laid upon the table— yeas 29, 
 nays 13, as follows : 
 
 Yeas — Messrs. Anthony, Arnold, Browning, Chandler, 
 Clark, Collamer, Dixon, Doolittle, Fessenden, Field, Foot, 
 Foster, Grimes, Hale, Harlan, Harris, Howai-d, Howe, King, 
 Lane of Kansas, Morrill, Sumner, Ten Eyck, Trimibull, 
 Wade, WUkiuson, Wilmot, Wilson of Massachusetts, Wriffht 
 —29. 
 
 Nays — Messrs. Bayard, Carlile, Cowan, Davis, Harding, 
 Henderson, Kennedy, Nesmith, Poioell, Mice, Saulshury, 
 Willoy, Wilson of Jlissouri — 13. 
 
 December 3 — Mr. P)well offered the follow- 
 ing joint resolution : 
 
 Wliereas, many citizens of the United States have been 
 seized by persons acting, or pretending to be acting, under 
 the authority of the United States, and have been carried 
 out of the jurisdiction of the States of their residence and 
 imprisoned in the miUtary prisons and camyis of the T'l:; 1 
 States without any public charge bring iireientil ; i 
 
 them, and OTthout auy opportunity being allowed li I <, 
 or disprove the charge's nia:l;_' or aUcged to be made ml m-i 
 them; and wherca , ii i> i!i ■ - : rd right of every citiZi/n 
 that he shall not bi' '' ,- n \- i :'i-tywitliout due process 
 of law, and when .! I I I li ve a speedy and public 
 
 trial by an impart i I : . ae 
 
 Be it resolved hi/ / . ' Ifouse of Representatives 
 
 of the United StaOn < -' ' 'mffress assembled, That 
 
 all such arrests ar- i a- n ' i 1 .y the Constitution and 
 laws of the United iJL.iL.-, .ii:J a ii-urpation of power never 
 given by tlie people to tlie President or any other official. 
 All such arrests are hereby condemned and declared palpa- 
 ble violation^ of tlie Constitution of the United States ; and 
 it is hereby demanded that all such arrests shall hereafter 
 cease, and that all persons so arrested aud yet held should 
 have a prompt and speedy public trial according to the pro- 
 visions of the Constitution, or should be immediately re- 
 leased. 
 
 Laid on the table and printed. 
 18G3, February 26 — Mr. Powell offered the 
 following resolution : 
 
 Sesolved, That a committee of three be appointed to in- 
 yeatigate the conduct of Colonel Gilbert, who. In command 
 of a regiment of United States soldiers, dispersed a Demo- 
 cratic C >nvention of peaceable citizens of tlie State of Ken- 
 tucky, assembled at the capital of that Mate, on the ISth of 
 February, 1863, for the purpose of nominating candidates 
 for Governor and Lieutenant Governor and othr State offi- 
 cers. That said committee investigate all the facts con- 
 nected with the aforesaid action of Cnlonel Gilbert and the 
 officers and soldie»-s under his command ; and the said com- 
 mittee are hereby authorized to send for persons and papers, 
 to examine witnesses, and that they be authorized to ad- 
 minister oatl;s to witnesses; and Ih.it said committee be 
 authorized to hold sessions in the State of Kentucky or 
 elsewhere, and to employ a reporter to take down testi- 
 mony ; and that they report, &c. 
 
 March 3 — The Senate refused to take up the 
 resolution— yeas 10, nays 25, as follows : 
 
 Yeas — Messrs. Carlile, Cowan, Davis, Lane of Kansas, 
 Latham. JVesmith, Powell, SauUbury, Wall, Wilson of Mis- 
 souri — 10. 
 
 TfjAYS— Messrs. Anthony, Arnold, Clark, Collamer. Dixon. 
 Fessenden, Foot, Foster, Grimes, Harding, llurlun, Harris, 
 Henderson, Hicks, Howe, Morrill, Pomerov, Rice, Sumner. 
 Ten Eyck, Wade, WUkiuson, Willey, Wilmot, Wilson of 
 Massachusetts — 25. 
 
 THE CASE OF MADISON T. JOHNSON. 
 
 Feb. 2— Mr. Richardson offered this resolu- 
 tion: 
 
 Reanlvrd, Thtit a committee of thi'ee be appointed to in- 
 vestigate tiio facts ill reforence to the arrest and iinprlson- 
 iiiciit lit .^Iadi.ioll V. .Johnson, anil that said loiiimittce have 
 the power to send for p'-rsous and papers, to examine wit- 
 nesses )inder oath, and admiuistLr oaths to said witnesses. 
 
 The memorial of Madison Y. Johnson was 
 read wheu Mr. Howe, of Wisconsin, moved to 
 
 lay the whole subject on the table ; which was 
 agreed to — yeas 22, nays 16, as follows: 
 
 Yeas— Messrs. Anthony, Arnold, Chandler, Clark, Fessen- 
 den, Foot. Foster. Grinics, Hale, nuil.iii, Harris. Hicks, 
 Howar.I, U-.^^.^ K^,, . : '.V .C K :,-' , M ,,,,11. I' ,;.,Toy, 
 
 Sumiii;,-, \i i' . V, , \', 1 ' ,— ':.; :,■;,-- jj. 
 
 Navs- '!• . , . - . ,/■,'./.,,, ...,,a,.r- 
 son, /!.'.■/'/-'•'■/./, ''v- „. •■ ,'■■.■•;././ ,,-■ '/. y ,./,■, -,,-./,y,n, 
 SauUbury, Tuquc, »'«//, \Villey, llV.Vyu of Missouri— 10. 
 
 IN HOUSE. 
 1862, Dec. 1— Mr. Cox offered the following 
 preamble and resolution : 
 
 Whenns, miny citizens of the United States have been 
 seized i \ i i , , •. or pretending to bo acting, under 
 
 the autli : I > ' I h I uited States, aud have been carried 
 
 outofti. ,;, , ,i 1 hT the Stntes of thfir residence, and 
 
 imprisun.-.l ii, i.i.- mJ, ;,,■>■ ivi-'cn •• mil -■--,■:,■ ,,f it, ■ inited 
 States, without any pui.li ■ li:' ■ '■ s \ • iTi : ;:.,,inst 
 them, and \vitli(,>ut any > i - M , , j . /, :i.|,:rii 
 
 or disprove thueharg'S m ' ■..ii- :ii -■, -i i m.-l . : :Minst 
 
 them : and whereas, sucli arrests liave Ic.-n niatle in States 
 where there was no insurrection or rebellion, or pretence 
 thereof, or any other obstruction against the authority of 
 the Go\erniui'iit : and whereas, it is the sacred right of 
 ' \ ' r\- Mil- !, ,.r i ii.> i III I. 1 1 ^ t,,i ■-. th-it he shall not be dc- 
 
 i > i ■ I \ ,,,.:..: I ' I law, and when ar- 
 
 i I hi public trial by ua 
 
 s do hereby 
 
 Rr::,.:r..'. Mi, I II,., Ji,,,i ,.,| I; |,,,, 
 
 coudenin ,-,11 ,-,], !i ,,,-,v.|, :,, i,,,., ,,,,,, i ,,> ihe Constitu- 
 tion and l,\\--i il,eii,i!.,| ,-i . -.,,,;,.; . i u - urpatioii of 
 power ue\ei- ^iveu up liy ihe pi mil ■ tu their rulers, and do 
 hereby demand that all such arrests shall hereafter cease, 
 and that all person.s so ai-rested and yet held should have a 
 prompt and public trial, according to the provisions of the 
 Constitution. 
 
 Which was laid on the table —yeas 80, nays 
 40. The Nays were : 
 
 Messrs. Ancona, Dai!/. /;/,'/'., .lucob B. Blair, Cal- 
 vert, Corninr), Cox, d,' . i '(, Foitke, Granger, 
 Grider, Haijht, Hall, II , /, .',i. Knapji. Law,''La- 
 zear, Mcnzics, Morris, -\ , , ^\;i\ju, Xiujen, Odd I, Price, 
 Richardson, Sheffield, SIdd, John B. Steele, William O. 
 Ste'ie, Stiles, Benjamin F. Thomas, Francis Thomas, Val- 
 landigham. Ward, Chilton A. White, WicUiffe, Wright, 
 Teaman — ±0. 
 
 December 1 — ?dr. Richardson offered the 
 following resoltition : 
 
 Resi'Ir .'. •:!,;t 1', ■ i'r i! lit of the United States be re- 
 quested : ■ I ■ what citizens of Illinois are 
 now eel, I , , \.irn, Lafayette, and Delaware, 
 
 or the u I !' I , , i : I ,,ny other forts or places of 
 
 eunlin,',:, : ; \, ,, , , ■ , , . ,,|,e ,, r.'iinst said persons; 
 alM) 111 ■ p! , , ■, , , , , > .,,. I I. That the Presi- 
 
 M ',:, :,.!,:, , House of the names 
 I ;;i r, , led ill Illinois and taken 
 I ' deuf the limits of said State, 
 I a nat were the charges against 
 1 ..e' charges were made, also by 
 ,s w ere made, and the authority of 
 
 dent 1,,. i,i,i!, ,■! ,,, 
 of the pels, m, ll, : 1, ,\ 
 toandcoulined i i , e 
 and who have l,i ,, ; , 
 each of them, !,> \\ li i 
 whose order said aire 
 law for such arrests. 
 
 Which was laid upon the table — yeas 74, 
 
 nays 40. The Nays were — 
 
 Messrs. Ancona, Daily. Diddle, Calvert, Roscoe Conkling, 
 Conwav. Coniinij. Cox. Crillnide.n. Dunn, Knr/lish. Foukr, 
 
 Gniierer, CVr/,/, r, /h,ll. irinlnia. If.J „i.n, I WMvMn Kello-'. 
 
 . Dec. 22 — Mr. May offered the following res- 
 olution : 
 
 Ri'xoh-cd. That the Secretary of State be requested to 
 C(jniinuniiate t,j tliis Ibmse a ciiv nf an or.ler which, mi or 
 about the ::,Stho|- Nevenil.er,lSi;,r. he ciiu.sed to In- read to 
 State prisnners coiilined in Fort Warren, whereby they were 
 forbidden to enii.loyconnscl in their Ijchalf, and informed 
 that such enipl.iyinent nf counsel W(uild be regarded by tho 
 Governmeut ami by the State Deiiartnicnt as a reason for 
 prolonging the term of their iniprisonnient. 
 
 Which was laid upon the table — yeas G3, 
 nays 48. The Nays were — 
 
 Messrs. William Allen, William J. Allen, Ancona, Diddlf, 
 
182 
 
 ADMINISTEATIOX OF ABRAHAM LINCOLN. 
 
 Eurnham, Calvert, Clements, Cnhh, Cox, Cravens, Crittenden, 
 Dunu, English, Granger, Cfritler, Hale, Harding, Johnson, 
 ■William Kellopg, Ken-igan, Knapp, Law, Lazcar, Leary, 
 May, Morris, Noble, Norton, Nugen, Pendleton, Price, Rob- 
 inson, James S. Eollins, Sliiel, Smith, Benjamin F. Thomas, 
 Francis Thomas, Vallandigham, Vibbard, Voorhees, Wads- 
 worth, Ward, Chiltm A. White, Wickliffe, Woodruff, Wor- 
 cester, Wright, I'eaman — i8. 
 
 December 15 — Mr. Pendleton offered the fol- 
 lowing resolution : 
 
 J^esolved, That the President be requested to inform this 
 House, if in his opinion not inconsistent ^v^th the public 
 interest, whether in any oath of allegiance or parole re- 
 quired to bo taken by any prisoner held in custody as a so- 
 called political prisoner, there h;is been inserted a clause to 
 the effect that he should not bring suit for the recovery of 
 damages for such imprisonment, or that he should not op- 
 pose, by speech or otherwise, the war measures of the Ad- 
 ministration. 
 
 Which was laid on the table by the following 
 vote — yeas 77, nays 43. 
 
 March 3 — Mr. May oflFered the following res- 
 olution : 
 
 Whereas it is represented that Major General Schenck, 
 commanding the forces of the United States stationed in 
 Baltimore, Maryland, has ordered, as a condition to be an- 
 nexed to the worship of Almighty God by certain religious 
 societies or congregations of the Methodist Church of that 
 city, that the flag of the United States shall be conspicu- 
 ously displayed at the time and place of such worship : and 
 whereas the said order is a plain violation of the inalien- 
 able riglit to worship God according to the dictates of every 
 one's conscience, as it is asserted by the said congregations, 
 and also by our declarations of fundamental rights aud se- 
 cm-ed by our State and Federal Constitutions : and whereas 
 a minister of the said congregation, the Rev. John H. Dash- 
 iell, having, on Monday, the 15th ultimo, removed the said 
 flag from his own premises, which was also tlie place of 
 worship of one of said congregations, where the said flag 
 had been placed surreptitiously by some evil-minded per- 
 son, and for so doing was arrested by order of the said Gen- 
 eral Schenck and held as a prisoner : Therefore, 
 
 Be it resolved, That the Judiciary Committee be, and 
 hereby is, instructed to inquire into the allegations afore- 
 said, and ascertain by what authority the said General 
 Schenck exercises a power to regulate or interfere with the 
 privileges of divine worship, and also to arrest and detain 
 as a prisoner the said minister of the Gospel, as aforesaid ; 
 and, further, that said committee bo instructed to report 
 upon the same at an early day. 
 
 The House refused to suspend the rules to 
 get the resolution before the House — ayes 28, 
 noes 79, (yeas and nays not called ) 
 
 First Session, Thirty-Eighth Congress. 
 
 1863, December 17 — Mr. Harrington oifered 
 this resolution : 
 
 Whereas the Constitution of the United States (article 
 one, Section nine) provides: "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:" 
 and whereas such provision is contained in the portion of 
 the Constitution defining legislative powers, and not in the 
 provisions defining executive power; and whereas the 
 Constitution (article four of Amendments) further provides: 
 "The right of the people to be secure in their persons, 
 houses, papers, and eflects, against unreasonable searches 
 and seizures, shall not be violated," &c. ; and whereas the 
 Thirty-Seventh Congress did, by act, claim to confer upon 
 the President of the United States the power, at his will 
 and pleasure, to suspend the privilege of the writ of habeas 
 corpus throughout the United States, without limitations 
 or conditions; and whereas the President of the United 
 States, by proclamation, has assumed to suspend such priv- 
 ileges of the citizen in the loyal States ; and whereas the 
 people of such States have been subjected to arbitrary ar- 
 rests without process of law, and to unreasonable searcli 
 and seizuies, and have been denied the right to a speedy 
 trial and investigation, and have languished in prisons at 
 the arbitrary pleasure of the Chief ilxecutive and his mili- 
 tary subordinates: Now, therefore. 
 
 Resolved by the House of Representatives of the United 
 States, That no power is delegated by the Constitution of 
 the United States, either to the legislative or executive 
 power, to suspend the privileges of the writ of habeas cm-pus 
 in any State loyal to the Constitution and Government not 
 
 invaded, and in which tlie civil and judicial powers are in 
 full operation. 
 
 2. Resolved, That Congress has no power under the Con- 
 stitution to delegate to the President of the United States 
 the authority to suspend the privilege of the writ of habeas 
 corpus, and imprison at his pleasure, without process of law 
 or trial, the citizens of the loj'al States. 
 
 3. Resolved, That the assumption of the right by the Ex- 
 ecutive of the United States to deprive the citizens of such 
 loyal States of the benefits of the writ ot habeas corpus, 
 and to imprison them at his pleasure, without procc^ss of 
 law, is unworthy the progi-ess of the age, is consistent only 
 with a despotic power unlimited by constitutional obliga- 
 tions, and is wholly subversive of thcclementary principles 
 of freedom, upon which the Government of the United 
 States and of the several States is based. 
 
 4. Resolved, That the Judiciary Committee be instructed to 
 prepare and report a bill to this House protecting the rights 
 of the citizens in the loj'al States, in strict accordance with 
 the foregoing provisions of the Constitution of the United 
 States. 
 
 Which was negatived — yeas 67, nays 90, as 
 follows : 
 
 Yeas — Messrs. James C. Allen, William J. Allen, Ancona, 
 Augustus C. Baldwin, Bliss, Brooks, Brown, C/tanler, Cof- 
 froth, Cox, Cravens, Dawson, Denison, Eden, Edgerton, El- 
 dridge, English, Fincic, Ganson, Grider, Hall, Harding, 
 Harrington, Benjamin G. Harris, Herriclc, Holman, Wil- 
 liam Johnson, Kernan, King, Knapp, Law, Le Bland, Long, 
 Mallory, Marcy, McAllister, McDowell, McKinney, Middle- 
 ton, William H. Miller, James R. Morris, Morrison, Nelson, 
 Noble, Odell,John O'Neill, Pendleton, Perry, Radford, Sanv- 
 uelJ. Randall, Robinson, Rogers, Ross, Scott, John B. Steele, 
 William G. Steele, Stiles, Strouse, Sweat, Voorhees, Wads- 
 worth, Ward, Wheeler, Chilton A. White, Joseph W. White, 
 Winfield, TTood— 67. 
 
 Nays — Messrs. Alley, Allison, Ames, Arnold, Ashley, John 
 D. Baldwin, ^eaman, Blaine, Blow, Boutwell, Braiidegee, 
 Broomall, William G. Brown, Ambrose W. Clark, Freeman 
 Clarke, Clay, Cobb, Cole, Creswell, Henry Winter Davis, 
 Thomas T. Davis, Dawes, Dixon, Donnelly, Driggs, Dumont, 
 Eckley, Eliot, Farnsworth, Feuton, Frank, Garfield, Gooeh, 
 Grinnell, Hale, Higby, Hooper, Hotchkiss, Asahel W. Hub- 
 bard, John H. Hubbard, Hulburd, Jenckes, Julian, Kasson, 
 Kelley, Francis W. Kellogg, Orlando Kellogg, Loan, Long- 
 year, Lovejoy, Marvin, McBride, McClurg, Molndoe, Samuel 
 F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, 
 Leonard Myers, Norton, Charles O'Neill, Orth, Porham, Pike, 
 Pomeroy, Price, William IL Randall, Alexander H. Rice, 
 John H. Rice, Edwai-d II. Rollins, Schenck, Scofield, Shan- 
 non, Sloan, Smithers, Spalding, Stevens, Thayer, Tracy, Van 
 Valkenburgh, Ellihu B. Washburne, ^Villiam B. Wash- 
 burn, Whaley, Williams, Wilder, Wilson, Windom, Wood- 
 bridge— 90. 
 
 1864. February 29 — Mr. Pendleton offered 
 the following resolution : 
 
 Resolved, (as the sense of this House.) That the military 
 arrest, without civil warrant, and tri^J by military com- 
 mission without jury, of Clement L. A'allaucligham, a citizen 
 of Ohio, not iu the land or naval forces of the United States 
 or the militia in actual service, by order of Major General 
 Burnside, and his subsequent banishment by order of the 
 President, executed by military force, were acts of mere 
 arbitrary power, in palpable violation of the Constitution 
 and laws of the United States. 
 
 Which the House refused to table — yeas 33, 
 nays 84, aud then rejected — yeas 47, nays 77, 
 as follows : 
 
 Yeas — Messrs. James C. Allen, Ancona, Augustus C.Bald- 
 win, Brooks, Chanter, Coffroth, Cox, Dainson. Deniion, 
 Eden, Eldricige, Finck, Ganson, Harding, Harrington, Her- 
 rick, Holman, Hutchins, Kernan, Knapp, Law, Long, 
 Marcy, McDowell, McKinney, William H. Miller, Morrison, 
 A'clson, Nrble,John O'Neill, Pendleton, Rail lord. Samuel J. 
 Randall, Rogers, Ross, Scedf, Stebbins, John B. Steele, Wil- 
 liam G. Steele, Sliles, Strentse, Sluart, Sweat, Voorhees, Wil- 
 liam H. Wadsroorth, CIdlton A. V/hite, Winfield — 17. 
 
 Nays— -Messrs. Alley, Allison, Anderson, "Arnold, Baily, 
 John D. Baldwin, Baxter, Francis P. Blair, jr.. Blow, Bout- 
 well, Boyd, Brandegee, Ambrose W.Clark, Freeman Clarke, 
 Clay, Cobb, Cole, Creswell, Henry Winter Davis, Dnwes, 
 Deming, Dixon, Donnelly, Driggs, Dumont. Eclvl.y, Eli.it, 
 Farnsworth, Frank, Grinnell, Hale, Higbv. Ilnniiii; Ib.trh- 
 kiss, Asahel W. Hubbard, John H. IluMnnl, .Jenekis, 
 Julian, Kelley, Francis W. Kelloirg.Oilan.In K.lld-- l,o,;n, 
 Marvin, McBride, McClurg, Monrlieail. Mmrill, Dani> I Mnr- 
 ris, Amos Myers, Leonard Myers, Xm ton. Charles ONeill, 
 Patterson, Pcrham, Pomeroy, Pri' i', AVilliaiu II. Ramlall, 
 John U. Kice, Schenck, Scofield, Shannon, Sloun, Smithers, 
 
ADillNISTRATION OF ABRAHAM LINCOLN. 
 
 183 
 
 Starr. Stevens, Thayer, Thomas, Uiison. A'an Yalkcnburfrh, 
 Ellihu D. Wiishbn'iiie, Willi, im 13. Washburn, Whak-y, 
 Williams, Wilder, Wilson, Windom, Woodbridgc — 77. 
 
 January 25 — Wr. McDowell oft'ered the fol- 
 lowing resolutions, which were laid over under 
 the rule: 
 
 Resolved. 1. That the House fully recognizes the great fund- 
 aiiuntal picivisiou of the Constitution of the United States 
 \vhicli guarantees the freedom of speech to every Ammcan 
 nitiz' u: and that neither the President, nor any person act- 
 ing in Tl suboidinatecapacity to him, has the rightful author- 
 it}' to arrest and imprison a citizen of the loyal States for 
 the utterance of sentiments distasteful to the men in power. 
 
 2. That we recognize in the freedom of the i)res3 the great 
 bulwark of civil liberty ; and that those persons 'tempora- 
 rily intrusted with power have not the rightful authority, 
 in those States not in rebellion, to subvert this great con- 
 stitutional guarantee by issuing military orders, or by a 
 resort to any other means unknown to the laws of the 
 country. 
 
 3. That the right to security of person from arrest in the 
 loyal States, when no crime is charged, is a sacred right 
 guaranteed to every citizen; and that neither the President, 
 nor any one acting by his authority, has the legal right to 
 arrest, imprison, or transport our people without "due pro- 
 cess of law" requiring affidavit, warrant, arrest, and trial 
 by a jury of the country, impartially selected. 
 
 4. That the privilege of the writ of habeas corpus is a 
 fundamental and inherent right belonging to the American 
 people, solemnly guaranteed by express provision of the 
 Constitution, that cannot be denied to the citizens of the 
 loyal States, where the courts are open and the administra- 
 tiun of justice is unobstructed, and "invasion and rebel- 
 lion'' do not exist. 
 
 5. That the Constitution of the United States is one of 
 expressed and limited powers, and that neither Congress 
 nor the Executive have the "lawful right" to interfere with 
 the established rights and domestic institutions of the sev- 
 eral States. 
 
 6. That we reaffirm our unalterable devotion to the Con- 
 stitution of the United States, and to each and every pro- 
 vision thereof, as framed by the fathers, including those 
 provisions relating to the rights of property and the invio- 
 lability of contracts, as understood and interpreted by the 
 Supreme Court of the United States. 
 
 March 21 — Mr. Eldridge offered this reso- 
 lution, which was laid over under the rule : 
 
 Resolved. That the President of the United States be res- 
 pectfully requested, and that the Secretary of State and the 
 Secretary of War be directed, to report and furnish to this 
 House the names of all persons, if any there are, arrested 
 and held in prison or confinement in any prison, fort, or other 
 place whatsoever, for political offences, or any other alleged 
 offence against the Government or authority of the United 
 States, by the order, command, consent, or knowledge of 
 them or either of them, respectively, and who have not been 
 charged, tried, or convicted before any civil or criminal (not 
 military) court of the land, together with the charge against 
 Buch person, or cause for such arrest and iniiirisonnient, if 
 there be any, and the name of the prison, f. ri i , i \ !i< lo 
 they are severally kept or confined. Also, ^^Il i ii 
 
 orpersons,foranyallegedlikeoffence, havi I ! I !■ 
 
 sent from the United States, or from the 81.11^ - n-i m 1 hel- 
 lion to the rebellious States; and the names, tinns, alle,i,'ed 
 offence or cause thereof; and whether with or without trial ; 
 and if tried, before what court. 
 
 April 4 — The resolution, on motion of Mr. 
 Edw.^rd H. Rollins, was laid upon the table — 
 yeas 62, nays 40. The Nays were — 
 
 Messrs. James 0. Allen, Ancona, A. C. Baldwin, Bliss, J. 
 8. Brown, Chanltr, Cox, Cravens, Dawson, Benison, Eden, 
 Eldridge, English, Finck, Grider, Griswold, Harrington, 
 Herrick, Holman, P. Johnson, Kalbfleisch, Law, Lazear, 
 Long, Mallory, Marcy, McKinney, Middleton, J. R. Morris, 
 Morrison, J. O'JS'eill, Pruyn, S. J. Randall, Robinson, Rogers, 
 J. B. Steele, Wheeler, C. A. White, Winfield, Teaman-^O. 
 
 June 20 — Mr. Ross offered the following res- 
 o'ution, which went over under the rule : 
 
 Resolved, That all persons not in the military or naval 
 service of the United States who have been arrested and im- 
 prisoned by the agents of the Government without process 
 of law, and released without trial or examination, are entitled 
 to the same pay and mileage for the time they were deprived 
 of their liberties as members of Congress ; and the Commit- 
 tee of Claims are hereby instructed to report a bill at an 
 early day for that purpose. 
 
 iSaine day, in Sknate — Mr. Mokrill offered 
 
 this hill, which was referred to the Committee 
 on the Judiciary : 
 
 Be it enacted, cCc, That upon all arrests under section fi, 
 of chapter 200, of an act approved the 17th of .Tidy, 1SC2, 
 bail shall be admitted, and such bail, on the demand of the 
 party so arrested, may be taken belbre any judge of the 
 United States, auy chancellor, judge of a supreme or 6\ipe- 
 rior court, or chief or first judge of court of common pleas 
 of auy State, who shall exercise their discretion therein, re- 
 garding the nature and circumstances of the offence, and of 
 the evidence and the usages of the law. 
 
 Third Session, Thirty-Sevonth Congress. 
 
 THE ACT OF IMDEMMTY OF SJARCD 3, 1SG3. 
 
 Section 1 provides : That, during the pres- 
 ent rebellion, the President of the United 
 States, whenever, in his judgment, the puolic 
 safety may require it, is authorized to suspend 
 the privilege of the writ of habeas corpus in 
 any case throughout the United States, or auy 
 part thereof. And whenever and wherever the 
 said privilege shall be suspended, as aforesaid, 
 no military or other officer shall be compelled, 
 in answer to any writ of habeas corpus, to re- 
 turn the body of any person or persons detained 
 by him by authority of the President; but 
 upon the certificate, under oath, of tbe officer 
 having charge of any one so detained that such 
 person is detained by him as a prisoner under 
 authority of the President, further proceedings 
 under the writ of habeas corpus shall be sus- 
 pended by the judge or court having issued the 
 said writ, so long as said suspension by tho 
 President shall remain in force, and said rebel- 
 lion continue. 
 
 Section 2 directs the Secretary of State and 
 the Secretary of AVar to furnish to the judges 
 of the circuit and district courts of the United 
 States and of the District of Columbia, a list 
 of the names of all persons, citizens of loyal 
 States, held as State or political prisoners of 
 the United States, in any fort, arsenal, or other 
 place; and provides that where a grand jury 
 has adjourned without finding an indictment 
 against any such person, the judge shall forth- 
 with make an order that any such prisoner 
 desiring a discharge be brought before him to 
 be discharged, and every officer of the United 
 States is directed immediately to obey this 
 order, under penalty of fine and imprisonment 
 — the party first to take a prescribed oath of 
 allegiance. Another section provides : That 
 any order of the President, or under bis au- 
 thority, made at any time during the existence 
 of the present rebellion, shall be a defence in 
 all courts to auy action or prosecution, civil 
 or criminal, pending, or to be commenced, for 
 any search, seizure, arrest, or imprisonment, 
 made, done, or committed, or acts omitted to 
 be done, under and by virtue of such order, ^r 
 under color of any law of Congress, and such 
 defence may be made by special plea, or under 
 the general issue. 
 
 Suits begun in State courts may be trans- 
 ferred to United States Courts under circum- 
 stances described. Any suit described in this 
 act may be carried on writ of error to the Su- 
 preme Court of the United States, and all suits 
 or prosecutions for any arrest or imprisonment 
 or other trespasses or wrongs, shall be com- 
 menced within two years. 
 
 This bill passed the House of Representa- 
 
18^ 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 tives, March 2, 1863 — yeas 9D, nays 45, as 
 follows : 
 
 Yeas— Messrs. Aldrich, Arnold, Ashley, Babbitt, Baker, 
 Baxter, Bea man, BinsUam, Jacob B. Blair, Samuel S. Blair, 
 Blake, William G. Brown. Buffinton, Campbell, Casey, 
 Chamberl lin, Clark, Colfax, FreJerick A. Conkliug, 
 Koscoe Conkling, Conway, Cutler, Davis, Dawes, Delano, 
 Dunn, EtlKorton, Eliot, Ely, Fenton, Samuel O. Fpssenden, 
 Thomas A. D. Fessenden, Fisher, Flanders, Francliot, 
 Frank, Goodwin, Gurley, Hahn, Uale, Harrison, Hooper, 
 IIortoD, Ilutchins, Julian, Kelley, Francis W. Kellogg, 
 William Kcllosg, Killioger, Lansing, Leary. Lehman, 
 Loomis. Low, Mclndoe, McKean, McKnigbt, McPherson, 
 Marston, Maynard, Mitchell, Moorhead. Anson V. Morrill, 
 Nixon, Olii), Patton, Timothy G. Phelps, Pike, Pomeroy, 
 Porter, John IL Rice, Riddle, Edward U. Rollins, Sargent, 
 Sedgwick, Segar, Shanks, Shellabarger, Sherm in. Sloan, 
 Spaulding, Stevens, Stratton, Fnmcis Thomas, Trimble, 
 Trowbridge, Van Horn, Van Valtienburgh, Van Wycic, 
 Verree, Walker, WalU Wallace, Washburno, Wheeler, 
 Albert S. White, Wilson, Wiiidom, Worcester— 99. 
 
 Nats— Messrs. William Allen, WilliamJ.AlUn, Anemia, 
 Biddle, Calvert, Cravens, Crisfield, Delaplaine, Dunlap, 
 English, Granger, Grider, Hall, Harding, Holman, Johnson, 
 Kerrigan, Knajrp, Law, Mallory, May, Menzies, Morris, No- 
 ble, Norton, Nugen, Pendleton, Perry, Price, Robinson, Shiel, 
 Smith, John B. Steele, William G. Steele, Stiles, Benjamin 
 F. Thomas, Vallandigham, Voorhees, Wadsworth, Ward, 
 Chilton A. White, Wickliffe, Wood, Woodruff, Yeaman—\h. 
 
 Same day, the bill passed the Senate, without 
 a record of yeas and nays, owing to a misun- 
 derstanding respecting the putting of the vote._ 
 
 March 3 — Mr. Bayard moved that the Secrc-" 
 tary of the Senate be directed to request the 
 House of Representatives, to return to the 
 Senate the above report of the Committee of 
 Conference; which was rejected —yeas 13, nays 
 25, as follows : 
 
 Yeas — Messrs. Bayard, CarliU, Davis, Henderson, 
 Latham, Nesmith, Powell, Rice, Richardson, Saulshunj, 
 Turpie, Willey, Wilson, of Missouri— 13. 
 
 Nays— Messrs. Anthony, CUaudler, Clark, Dixon, Doo- 
 little, Foster, Grimes, Harlan, Harris, Hicks, Howard, 
 Howe, King, Lane of Indiana, Lane of Kansas, Morrill, 
 Pomeroy, Sherman, Sumner, Ten Eyck, Trumbull, Wade, 
 Wilkinson, Wilmot, Wilson of Massachusetts — 25. 
 
 While this subject was pending before Con 
 gress, the House, December 8, 1862, passed an 
 indemnity bill — yeas 90, nays 45, against which, 
 on the 22d of December, thirty-six members of 
 the House moved to enter on the journal this 
 protest : 
 
 Resolved, That the following protest of thirty-six mem- 
 bers of this House against the passage of the House bill No. 
 591 be entered upon the Journal : 
 
 On the 8th day of December, A D. 1862, and during the 
 present session of Congress, Mr. Stevens, of Pennsylvania, 
 introduced the bill No. 591, entitled "An act to indemnify 
 tUe President, and other persons, for suspending the privi- 
 lege of the writ of habeas corims, and acts done in pursu- 
 ance thereof." and after its second reading moved that its 
 consideration bo made the special order for the Thursday 
 then next ensuing, which motion being objected to, he 
 moved the previous question, and this being sustained, un- 
 der the operation thereof the bill was read a third time, 
 and passed. 
 
 This bill involves questions of the gravest importance. It 
 provides th.it all suspensions of the privilege of the writ of 
 habeas corpus, all arrests and imprisonments upon what- 
 ever pretexts or by whomsoever made, under the authority 
 of the President, howevcrarbitrary or tyrannical or unjust, 
 are confirmed and made valid; and that all persons wlio 
 advised or executed or assisted in the execution of any such 
 acts are discharged from all liability, whether to the State 
 or to individuals "in respect thereof;" and that all proceed- 
 ings against them of any nature, whether for the recovery 
 of damages or for the infliction of punishment " commenced 
 or to be commenced," are discharged and made void. It 
 also provides that the President may, during the exi' fence 
 of this rebellion, at any time and anywhere throughout any 
 of the United States, and as to any person, suspend the 
 priviiege of the writ ofhabeas corpus. 
 
 The bill is framed upon the idea that the acts recited 
 were illegal, and without just cause or excuse; that they 
 were violations of the rights of the persons airested anil 
 
 imprisoned; and that for them redress mijiht bo h.id in tho 
 com-ts of the United States, by resort to the peivcolul, reg- 
 ular, and ordinary i-.dmiuistration of the law. It is framed 
 upon the idea that the citizen was arrested without the 
 existence of crime on*his part, or even probable cause to 
 suspect it, and that in making such arrests, the substance, 
 as well as the form, of those provisions of law intended 
 to secure personal liberty were entirely disregarded. It 
 makes no exception of those cases in which the arrests 
 have been made with malice, and the imprisonments have 
 been inflicted with circumstances of brutality and cruelty, 
 in which the "public good' has been made the cloak 
 wherewith to cover the gratification of political animosity 
 or private hatred. It distinguishes in nothing between the 
 cases in which an honest mistake has been followed by its 
 immediate correction, and cases in which malignity has 
 been enabled, by false pretences, to procure ths arrest and 
 to prolong tho imprisonment, to the loss oi' property, the 
 destruction of health, and, in some instances, tho insanity, 
 suicide, or lingering death of tho unhappy victim. It dis- 
 tinguishes in nothing between tho iictivo officer, zealous in 
 tho full discharge of his ofiicial duties, and tho base mis- 
 creant who volunteers to assume the degrading character 
 of spy and informer, that he may, with more effect and 
 secmity, use the falsehood which the venom of his heart 
 prompted him to invent. It proposes to condone all of- 
 fences, to ijrotect all offenders, and to take away all redress 
 for injuries, however great, or with whatever circumstances 
 of aggravation or bad motive inflicted. 
 
 If those acts had been done in all ca^cs from the purest 
 motives, with an eye single to tho public good, with ;is lit- 
 tle aggression as possible on private rights, with all circum- 
 spection and care that only those who were really guilty 
 should suffer such confinement as would prevent the com- 
 mission of an unlawful act — if the public good were in fact 
 subserved by them — it might be proper to protect the Pres- 
 ident, and those acting under his authority, from criminal 
 prosecution and penal sentence ; it might be proper to pro- 
 teet them from pecuniary loss, by the payment, from the pub- 
 lic Treasury, of the damages assessed against them. Even 
 then, wliilst admitting that circumstances like these would 
 in seasons of great public dangers negative all wrongful in- 
 tent In the eoiumission of these illegal acts, it would be the 
 duty of till! Representatives of tho people to atfirm that at 
 all times the President of the United States, before all other 
 men, shauld adhere most strictly to the forms of legal pro- 
 cedure when directing his powers against the personal lib- 
 erty of the citizen. It could never be proper to indemnify 
 the President, and those acting under his authority, at the 
 expense of the citizen whom they had injured, or to add to 
 their security by the destruction of his remedies. 
 
 The Constitution of the United States guards most care- 
 fully the rights of the citizen; it was ordained "to estab- 
 lish justice, insure domestic tranquillity," anil to -'secure 
 the blessings of liberty;" and so steadily was this object kept 
 ill view, that in addition to tho reservation of all powers 
 not granted, there are special prohibitions of seizures with- 
 out warrant, detentions without indictment, imprisonment 
 without a speedy and public trial, and deprivation of life, 
 liberty, or property without duo jirocess of law; and there 
 are clauses which extend the judicial power of the United 
 States to all controversies between citizens of difrjrent 
 States, and secure a trial by jury in all cases in which the 
 value in controversy exceeds twenty dollars. Congress haa 
 hitherto uniformly maintained, and, as far as was neces- 
 sary, has perfected by its legislation these guarantees of per- 
 sonal liberty, and the courts have enforced them by the as- 
 sessment of damages for their infraction. This bill proposes 
 to deprive the courts of the power to afford such protection. 
 It will, if carried out into pfactical and general operation, 
 release the people from the duty of appealing to such peace- 
 ful and legal moans of redress, and will provoke Viore sum- 
 mary and less constitutional measures. Yet this bill, without 
 precedent in our history, suggesting such grave questions of 
 constitutionality and expediency, b-livid by moiy mem- 
 bers to be utterly subversive of the i i-iils nl lIi ■ i iiizon laid 
 of the express provisions of the Con liiiitimi by the force 
 of mere numbers and against tho renioiisira!ii '■ of tho mi- 
 nority, was passed within one hour of Its first Introduction, 
 witliout having been printed, without having been referred 
 to any committee, select or stiinding, and without any op- 
 portunity for consideration or discussion. 
 
 Tho undersigned, members of tho House of Representa- 
 tives, do therefore most solennily remonstrate against tiiis 
 action of the House, and respectfully ask that this their 
 protest may be entered upon the Journal. 
 
 They protest against the refusal of the House to permit 
 consideration and discussion of the bill as an arbitrary ex- 
 ercise of power by the majority, unjust to the members, 
 luijust to their constituents, and derogatory to its chai-acter 
 as a deliberative legislative body. 
 
 Th'^y protest against the passage of the bill — 
 
 1. Because it purports to deprive the citizen of all exist- 
 ing, peaceful, legal modc^ of redress for admitted wrongs, 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 IS.-) 
 
 and thus constrains him tamely to submit to the injury in- 
 flicted or to seelv illegal and forcible remedies. 
 
 2. Because it purports to indemnify the President and 
 all acting under his authority for acts admitted to be wrong- 
 ful, at the expense of the citizen upon whom the wrongful 
 ;'Ct3 have been perpetrated, in violation of the plainest 
 piinciples of justice, and the most familiar precepts of con- 
 stitutional law. 
 
 3. Because it purports to confirm and make valid, by act 
 of Congress, arrests and imprisonments which were not 
 only not warranted by the Constitution of the United States, 
 but were in palpable violation of its express prohibitions. 
 
 4. Because it purports to authorize the President, during 
 this rebellion, at any time, as to any person, and every- 
 where throughout the limits of the United States, to sus- 
 pend the privilege of the writ of habeas corpus, whereas by 
 the Constitution the power to suspend the privilege of that 
 writ is confided to the discretion of Congress alone, and is 
 luuited to the places threatened by the dangers of invasion 
 or insun-ection. 
 
 5. Because, for these and other reasons, it is unjust and 
 unwise, an invasion of private rights, an encouragement to 
 lawless violence, and a precedent full of hope to all who 
 would usurp despotic power and perpetuate it by the aibi- 
 trary arrest and imprisonment of those who oppose them. 
 
 6. And finally, because in both its sections it is "a delib- 
 erate, palpable, and dangerous"' violation of the Constitu- 
 tion, " according to the plain sense and intention of that in- 
 Btrument," and is therefore utterly null and void. 
 
 George H. Pendleton, C. A. Wickliffe, 
 W. A. Richardson, Charles J. Biddle, 
 
 J. C. Robinson, J. A. Cravens, 
 
 P. B. Fouke, Ehjah Ward, 
 
 James R. Morris, Philip Johnson, 
 
 A. L. Knapp, John D. Stiles, 
 
 C. L. A^allandigham, D. W. Voorhees, 
 C. A. White, G. W. Dunlap, 
 
 Warren P. Noble, Hendrick B. bright, 
 
 W. Allen, H. Grider, 
 
 William J. Allen, W. H. Wadsworth, 
 
 S. S. Cox, A. H.'u-Jing, 
 
 E. H. Norton, Charles B. Calvert, 
 
 George K. Shiel, James E. Kerrigan, 
 
 S. E. Ancona, Henry May, 
 
 J. Lazear, R. H. Nugen, 
 
 Nehemiah Perry, George H. Yeaman, 
 
 C. Vibbard, B. F.'Grauger. 
 
 John Law, 
 The motion to enter this protest was tabled — 
 yeas 75, nays 41. 
 
 The above bill of Mr. Stevens was amended 
 in the Senate, and finally passed that body — 
 yeas 33, nays 1, as follows, January 28 : 
 
 Yeas — Jlessrs. Anthony, Arnold, Browning, Chandler, 
 Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, 
 Foster, Grimes, Hale, Harlan, Harris, Henderson, Hicks, 
 Howard, King, Lane of Indiana, Lane of Kansas, Morrill, 
 Pomeroy, pherman, Sumner, Ten Eyck, Trumbull, Wade, 
 Wilkinson, Willey, Wilmot, Wilson of Massachusetts — 33. 
 
 Nays— Messrs. Bayard, Carlile, McDougaU, Powell, Turpie, 
 ^'all, Wilson of Missomi — 7. 
 
 The House non-concurred in the amendments, 
 and a Committee of Conference having met, 
 agreed upon a report, which was agreed to in 
 both Houses as stated before, p. 184. 
 
 VOTE ox SUSPENSION OF HABEAS CORPUS. 
 
 Pending the consideration of the original 
 House bill in the Senate, 
 
 1863, Feb. 19— Mr. Powell moved to strike 
 out the third section authorizing the President 
 to suspend, by proclamation, the writ of habeas 
 corpus in certain contingencies ; which was re- 
 jected — yeas 13, nays 27, as follows: 
 
 Yeas— Messrs. Bayard, Carlile, Cowan, Kennedy, Latham, 
 JS'esmith, Powell, Rice, Richardson, Saulsbury, Turpie, 
 Willey, Wilson of Missouri— 13. 
 
 Nays— Messrs. Anthony, Arnold, Chandler, Clark, Dains, 
 Dixon, Doolittle, Fessenden, Foot, Grimes, Harris, Hender- 
 son, Hicks, Howard, Howe, King, Lane of Indiana, Lane of 
 Kansas, Morrill, Pomeroy, Sherman, Sumner. Ten Eyck, 
 Trumbull, Wilkinson, Wilmot, Wilson of Massachusetts— 2". 
 
 VOTE ON AKRESTS. 
 
 Feb 23 — Mr. Carlile moved this substitute 
 for the bill : 
 From and after the passage of this act, and during the 
 
 present rebellion, it shall not bo lawful for any ofBoer or 
 servant of the United States to arrest or detain any citizen 
 of the United States who may be supposed or allegeil to bo 
 disloyal thereto, or for any other cause, c.vcept upon oatii or 
 affirmation of some person or persons well known to be 
 loyal to the United States, and particularly dos;ril>ing in 
 said oath or affirmation the act of disloyalty or otLir cause 
 for which the said citizen should be arrested and detained. 
 
 Sec. 2. That any and every officer orservant of the tiiitej 
 States who shall arrest or detain any citizen of the Unit<'d 
 States in contravention of the provisions of the first section 
 of this act shall, on conviction thereof in any court having 
 jurisdiction in the case, suffer a fine of not less than 
 $10,000, or imprisonment in the penitentiary for a term not 
 less than five years. 
 
 Sec. 3. That all persons arrested under the i)rovisions oi 
 this act upon the charge of disloyalty to the Guvernment 
 of the United States, or for any other cause, shall have the 
 privilege of the writ of habeas corpus ; and the said writ 
 shall not be suspended at any time so far as the same may 
 relate to persons arrested as aforesaid. 
 
 Sec. 4. That nothing in this act sliall be so construed as 
 to prevent the arrest of any person, a citizen of any or 
 either of the States now in rebellion against the Govern- 
 ment of the United States, who may be charged with trea- 
 son or disloyalty thereto: Provided, That all arrests of 
 such persons shall be made as provided in the first section 
 of this act, or upon the precept of the President of the 
 ^United States. 
 
 Which was rejected — ^yeas 7, (Messrs. Car- 
 lile, Kennedy, Powell, Richardson, Saulsbury, 
 Turpie, Wall,) nays 29. 
 
 the ACT SUSTAINED BY THE COUKTS. 
 
 The important case of George W. Jones, ex- 
 Minister to Bogota, vs. William H. Seward, has 
 been decided iu Now York by the Supreme 
 Court. Mr. Jones was arrested on a telegraphic 
 dispatch from Secretary Seward, and impris- 
 oned at Fort Lafayette. When released he 
 brought a suit for $5,000 damages for false im- 
 prisonment. Jlr. Seward, by counsel, moved 
 to transfer the case to the United States Circuit 
 Court, under the act of March, 1863. The mo- 
 tion was denied, and the General Terra decided 
 an appeal which was taken to it. The majority 
 of the judges affirm the act; one, Clerke, dis- 
 sented. 
 
 George W. Jones vs. William H. Seward. 
 
 Leonaed, J. — The question is not whether the 4th section 
 of the act of Congress passed Mai-ch 3, 1S63, affords a valid 
 defence to the action. The true question is this : Is it in 
 the power of Congress to give the circuit couit jurisdiction 
 of the case? 
 
 The Constitution extends the judicial power of the Union 
 to all cases in law and equity arising under the Constitu- 
 tion, laws, and treaties of the United States. 
 
 The defence in tin's case arises under the act of Congress, 
 and the validity of that act, considered iu the light afforded 
 by ttie Constitution, will be one of the principal subjects to 
 be determined at the trial. It has been decided that a case 
 arises within the meaning of the Constitution as well when 
 the defendant seeks protection under a law of Congress, ad 
 when a plaintiff comes into court to demand some right 
 conferred by law. 
 
 It has been objected that the original jurisdiction of all 
 actions may be drawn into the Federal courts, by similar 
 enactments of Congress, and that the Civse arises within tht> 
 meaning of the Constitution only after a trial and judgment 
 in this court, when the action can be referred by a writ of 
 error or appeal, and brought before the Federal courts for 
 review. 
 
 The power of transferring causes to the United Stutos 
 Circuit in a similar manner, where the question involved 
 Wius of an appellate and not original jm-isdiction, has long 
 been sustained. 
 
 Chief Justice Marshall says, in the case of Osborn vs. The 
 Bank of the United States (9 Wheaton, 821): "Wc perceive 
 no ground on which the proposition can be maintained, that 
 Congress is incapable of gi\ing the circuit courts original 
 jurisdiction, in any case to which the appellate jurisdiction 
 extends." 
 
 Congress has enacted that the defendant may interpose 
 in his defence the orders, Ac, of the President, and has 
 directed the transfer of cases involving such a defence, in 
 the manner prescribed, into the circuit conrt. 
 
 AcconUng to the statemeuts of the defendant such a cas« 
 
186 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 h:is aris:n. We have nothing to do with the validity of the 
 lau- as a ikfence to the actiou. It is sufficient for the State 
 coiu-t that the defence involves the construction and effect 
 of a law of Congress. The case has then arisen when the 
 courts of the United States may have jurisdiction, if Con- 
 gress so directs. If the law does not afford a constitutional 
 or valid defence, it cannot now be douhted that tlie learned 
 justices of the United States Courts will so declare it, wiicu 
 the jurisdiction of such cases will remain in the State 
 courts, as before the enactment of the law. It is not our 
 duty to assert the independence of our State sovereignty 
 and jurisdiction ; for the final construction and effects of all 
 acts of Cungress may be brought before the United States 
 Courts by the express provision of the Constitution. 
 
 The manner of taking the cause to those courts is of con- 
 sequence. The Supreme Com-t of the Union must be reUed 
 on to prevent its jurisdiction from being unlawfully ex- 
 tended by Congress. 1 am of the opinion, therefore, that 
 Congress hivo tlie power to direct the transfer of such cases. 
 
 In my opinion this application was necessary in order to 
 vest the U. S. Circuit Court with the possession of the ac- 
 tion, but the discussion has not been lost, inasmuch as it 
 will be now settled that this Court will not, in this judicial 
 district, take further cognizance of cases which have been 
 transferred under this act of Congress. It is very proper 
 that an order be entered transferring the cause to the U. S. 
 Circuit, as it affords the evidence in the Court of the dispo- 
 sition made of it. 
 
 In arriving at my conclusions I have consulted Story's 
 Com. on the Constitution, chap. 38, g? 903, 90o, Ac; 1 Wheat., 
 Martin vs. Hunter; C ^Vheat., Cohen vs. The State of Vir- 
 ginia; 9 ^\Tieat., Osboru vs. The Bank of United States. 
 
 As a rule of practice I think the Court should not ap- 
 pi'ovo any sureties unless the amount of the bond is equal 
 to the sura in which the defendant in the action has been 
 licld to bail, if bail has been required in the State Court. 
 This fact should be made to appear to the satisfaction of the 
 judge to whom the bond is presented for approval. 
 
 The decision in this Ciise will also embrace the case of 
 Oudeman ci. Wool, ui'gued at the same general term as the 
 present case. 
 
 The order appealed from should be reversed, and the mo- 
 tion Ijeluw should be granted without costs. 
 
 SuTutRLANi), J. — Tlje question is not as to the constitu- 
 tionality of the fourth section of the act declaring that tiio 
 order or authority of the President, during the rebellion, 
 shall be a defence in all Courts, to any order for any arrest, 
 imprisonment, or act done, or omitted to be done, under or 
 by color of the Presiilent's order, or of any law of Con- 
 gress; but the question is as to the constitutionality of the 
 tilthsectionof the act, authorizing the defendantin any siich 
 action, to remove the same from the State Court to the Cir- 
 cuit of the United States for the district where the suit is 
 liiought for trial, on complying with certain requirements 
 t,j)eciiied in the section; that is, on entering his appearance, 
 filing his petition stating the facts, offering good and suffi- 
 cient surety, <Sic. 
 
 The ques'tion presented by this appeal is not as to thecon- 
 stitutional power of the President to order the arrest, im- 
 prisonment, &c , or as to the constitutional power of Cun- 
 gress to authorize the President to order the arrest, impris- 
 onment, &!•.; but the question presented by the appeal is 
 as to the constitutional power of Congress to give the Cir- 
 cuit Couits of the United States, primary or original, and 
 (as to the State Courts) e.xclusive jurisdiction, of the trial of 
 actions for such arrests, imprisonments, Ac. 
 
 In determining the question as to the constitutionality of 
 the sixth section of the act, we must assume, I think, that 
 the trial of thisaction will involve the determination of the 
 qi estion as the constitutionality of the fourth section ; that 
 Congress, in passing the act. considered that the trials of 
 the actions to be removed to the Circuit Courts of the Uni- 
 ted States under it would involve the determination of the 
 que^iiou as to the constitutionality of the fourth section, 
 whether tried in the ."'tale or United States Courts; and 
 that < 'onpiess intended by the fifth section to take from the 
 State Courts, and give it to the Circuit Courts of the United 
 States, the right and power to determine that question. 
 
 Had Congress the constitutional power to do this ? That 
 is the question. 
 
 If Congress had the power, then the order appealed from 
 denying the defendant's motion to remove the action and 
 all proceedings therein to the Circuit Court of the United 
 States for the Southern District of New York should be re- 
 versed, and I think an order made directing such removal. 
 If Congress had not the power, then the order appealed from 
 Bhould be affirmed. 
 
 If no steps had been taken for tlie removal of the action 
 from this Court, and the action should be tried in this Co.irt, 
 and the question as the constitutionality of the fourth section 
 of the act should be decided adversely to the defendant by 
 the Court of Appeals of this State, the Supreme Court of the 
 Tinted States would have final and conclusive appellate 
 jurisdiction of the question. (Const. U. S. Art. 3; sec 25 of 
 
 the Judiciary Act ; 1 Stat, at Lar?e, So: Cohen vs. Virginia, 
 6 Wheat .u, 2(34 ; :MiUfrr.s- .\i,lioll-i 4 WlK-atou. 311.) 
 
 Cannot Congre-s give the Circuit (dnrt of ihi United 
 States original jurisdiction inany case to which this app l- 
 late jurisdiction exteudsV 
 
 In Osborn vs. United States Bank, 9 Wheaton, cited by 
 Judge Leonard, Chief Justice Marshall said he could per- 
 ceive no ground for saying that Congress could not. 
 
 In that case one of the questions was whether Congress 
 could constitutionally confer on tlie Bank the right to sue 
 and bo sued "in every Circuit Court of the United States." 
 
 It was lield that such a suit was a case arising under a 
 law of the United States, consequently that it was within 
 the judicial power of the United States, and Congress could 
 confer upon the Circuit Court jurisdiction over it. 
 
 See, also, Curtiss's Com. on the Jurisdiction, &c., of tlie 
 Courts of the United Stat.s, Nf.-ti..ns Ti nnd i:!: the latter 
 
 section, containing a quot 1 1 ■■ i i. . iii , h - i : tion(p.S6.5) 
 
 of the opinion of Chiol .1: : ':, i . , nm co-. the 
 
 Uank of the United St.in . :,j ^ ,,i. ni,.. ',•[.,•■ iLitinent to 
 the question in this case. 
 
 I concur, then, in the conclusion of Judge Leonard, that 
 Congress had the power to direct the transfer to the Cu'cuit 
 Court of the United States. 
 
 Probably tin order of this Court directing such transfer is 
 not ab.-5oluti'ly necessary, but to make one would be in ac- 
 cordance with usage in like cases; and besides, such an 
 order would be the best evidence of the detf rmination of 
 this Court, that it no longer had jurisdiction of this action. 
 
 It appearing that the defendant has complied with the 
 requirements of the act lur such transfer, the order ap- 
 pealed from should be reversed, and an order made by this 
 Court for the removal of the action and all proceedings 
 therein to the Cu-cuit Coiut of the United States. 
 IHsseuting Opinicm. 
 
 Clsrke, J . — ^I see notliing whatever in the arguments of 
 my brethren, or in those of other judges on tns same sub- 
 ject, to induce me to recede from the position which I have 
 attempted to maintain at Special I'erm. They have all 
 alike, in my very humble judgment, iniacconutably over- 
 looked the only point claiming consideration on tliis gi-eal 
 constitutional subject. 
 
 According to the doctrine upheld by my brethren, we 
 can scarcely conceive of any act committed by any officer 
 of the General Government, under color of any authority 
 derived from or under the President, which may not con- 
 stitute a genuine, veritable case arising under the Consti- 
 tution of the United States, and which, then'fore, may not 
 rightly come within the cognizanceofthtir judicial power. 
 It is only necessary to claim that it was coinuiiited under 
 color of that autlioriy, and was, therefore, justified by the 
 Constituiini, however monstrous and apiKiUiug the act 
 may be, to make it, according to this doctrine, a case arising 
 under that Constitution. For, of course, according to the 
 terms of that claim, the claimant appeals through this re- 
 markable statute, to the Coustitutioa for his justification, 
 and, however palp:ibly frivolous such a claim may be — 
 however palpably manifest may h^ the conviction that the 
 Constitution no more sanctions .such an act than it sanctions 
 the burning cf the Capitol, the dispersion of Cougre.ss, an i 
 the sliootiug, imprisonment or exile of the men of whom it 
 is composed, yet it is claimed to present a question, and, 
 therefore, a case arising under the Great Charter of Consti- 
 sutional Liberty in America — the perpetrator of the out- 
 rage making that a question which is unquestionably no 
 question ; and the judicial power of the S ate is ousted of 
 its legitimate jurisdiction. Thus, this extraordinary statute 
 prescribes not only that the character, but tlie mere asser- 
 tion of the wrong-doer shall deteimihe jurisdiction, and 
 that the subject-matter, which has been alwajs held, ex- 
 cept in cases affecting Embassadors, other diplomatic 
 Ministers and Consuls, as alone the criterion of jurisdiction, 
 shall be excluded from consideration. Surely, if thii can 
 be done by Congress, the Government of the United States 
 of America, is not as all men have heretofore supposed, 
 incontesrably a Government of limited powers and duties, 
 and is, if not one of unlimited powers and duties, neverthe- 
 less, of very accommodating expansibility. This is a novel 
 and strange theory of development in America. 
 
 But, it is assorted as the appellate power of the Supremo 
 Court of the United Stales extends in certain cases to State 
 tribunals, that this ca.se would, after judgment, reach the 
 Federal jurisdiction, and that, therefore, it may as w^ell be 
 transferred to the United States Circuit Court before judg- 
 ment. Even if the Supreme Court of the United States 
 would entertain such a case on appeal this is no controlling 
 reason why it should, necessarily, be trinisfe-rcd to ihe 
 United States Circuit for adjudication in the first instance. 
 For, the only question to be determined by us on this 
 motion, is whether Congress has the power to transfer 
 cases of this description to the Circuit Court of the United 
 States not whether, ultimately, it may rencli llieappeilato 
 jurisdiction of ihe United Statts Supicmo Court. 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 The act of Congress, passed in 1789, "to establish the ju- 
 dicial courts of the United States," no doubt provides that 
 a final judgment or decree in any suit in the highest court 
 of law or equity of a State, where is drawn in question tlie 
 validity of a statute of the United States, and the decision 
 is against its validitj', may be re-examined and revised i t 
 afiinuiMl in llie Supreme Court of the United States. But, 
 if it is tiv) clear for controversy that tlie statute is an out- 
 rage on tlie Constitution, if it is palpably usurpation, if it 
 is plain to t!ie most unlettered citizen, that the statute is 
 an attempt to subvert all the securities which the founders 
 of the Government have provided for the preservation of 
 personal liberty, and to invest one man with unlimited dic- 
 titorial power, and, therefore, that the appeal was pnlpably 
 frivolous, I presume the court would hear no argument on 
 such an appeal, and would, forthwith, affirm the judgment 
 or dismiss the writ. 
 
 Would they, for instance, hearken to an appeal involv- 
 ing the validity of an act of Congress giving the President 
 or any other member of the Government power, by a coup 
 d'etaf, to extinguish the legislative branch, as Cromwell did 
 the Long Parliament, and substitute a Barebones Legisla- 
 ture in its place? Surely not; if they, too, were not struck 
 down, and were not (if said debasement can be imaiiiiicd) 
 by force, by fear, or by corrupt appliances n- - I ;ii ^! i - 
 tions, robbed of independence. So that tli- '■■■..• ', 
 
 whether the act is not palpably void must ] i -; 
 
 appeal as it now presents itself to us on thi< m in; ; i, 1, 
 if it is palpably void, I repeat it would not be treated ou 
 appeal as worthy of being for a moment entertained. 
 
 I still consider the defence in this case just as destittite 
 of color as the case which I have imagined. Whether, un- 
 der the pretext of authority from the President of the United 
 States, anyone citizen, at his mere^vill and pleasure, with- 
 out any intervention of the judicial tribunals, can incar- 
 cerate another citizen cot subject to military law in a loath- 
 Bome dungeon, for many months, or for a day or an hour, 
 cannot, under any circumstances in which the nation may 
 bo placed, be treated as a question constituting a case aris- 
 ing undertho Constitution; and any statute which declares 
 the contrary is palpably void. The order at Special Term 
 should be aiOrmed with costs. 
 
 MILITAET ARRESTS. 
 
 The following order has been issued by Gen- 
 eral Augur : 
 
 HEADQUARTEnS DEPARTMENT OF WaSHINGTOX, 
 
 22d Army Corps, June 20, 1S64. 
 
 Gexeral Order No. t>l.— First: Hereafter no citizen, com- 
 missioued officer, or enlisted man, will be arrested on the 
 report of a detective employed by any officer subject to the 
 jurisdiction of this department, except in extreme cases 
 where there is no doubt of guilt, and immediate action is 
 needrxl, until the report has first been forwarded for action 
 at thi'SH headquarters. 
 
 S'xon'! : All oflScers serving in this department empioyinc' 
 detectives will send with as little delay as jiossible a list vi 
 thosf eiiiiil' ived to these headquarters, specifying the author- 
 ity by wli> 111 employed ; and they arc notified that they will 
 be hi'I'l resiionsible for improper action or abuse of authority 
 on tlio part (if their employees. 
 
 By command of Major General C. C. Augur : 
 
 J. H. TAYLOR, 
 ChiefafSiaff,A.A. G. 
 
 " Confederate" Legislation. 
 
 [From the Richmond Sentinel, Feb. 17, 1S64.] 
 
 SUSPENSION OF THE WRIT OP HABEAS CORPUS. 
 
 The following bill passed both Houses of 
 
 Contrress : 
 
 A Bill to suspend the privilege of the writ of Iiabeas corpus 
 in certain cases. 
 Whereas, the Constitution of tlie Conroderatc Pfatfs of 
 
 A'lV-;,,, ,, ,vi,l..«, ill :,|-ti. le 1. - - li, !, !^ ]..-.' i-,.i''i :■ l-:ii 
 
 187 
 
 same is hereby snsp'iidcil ; l,ut surli suspension shall apply 
 only t.i Ml ■ . ■: • ... ; :- ,- ..:■■■ -t- ! e, ,:, ! ;■„<■''. liyordei-uf 
 the Pi - :! ^ - , V , . 1 ... I ..nirercoin- 
 
 mall:;ili_ ,. ■. . , . i; I ■.,.:,;..; :; aiellt, bvtllO 
 
 ailtlleiii ,. . ; .;:, ; : !:,. l,..l (.1 Il;e ■'.,.[ lent, "it is 
 
 li 1. ' 1 li . Mile [im-ii'ise.ilCuntrrcvs in tlie jiassago 
 
 I 1 I revile more eflectually for the public safety 
 
 f': e : : Ihe writ of habeas corpus in the following 
 
 1. Of treason, or treasonable efforts or combinations, to 
 subvert the Government of the Confederate States. 
 
 2. Of conspiracies to overthrow tlie Ci'ivcrnuient. or con- 
 sphaeies to resist the lawful authority of the Confederate 
 States. 
 
 3. Of combining to assist the enemy, or of communi- 
 cating intelligence to the cuemy, or giving him aid and 
 comfort. 
 
 4. Of conspiracies, preparations and attempts to incite 
 servile insurrection. 
 
 6. Of div-i>itious or encouraging desertions, or harboring 
 desertei -. aiel el' ;iM. iij I- 1 i :i\. ;i military service: Pro- 
 vidcJ, T ! I 1 I , . I I ' ;, \,i, e.r iinci oppression by 
 any su! - , le • - ' , e i : 'n l' rty who does not le- 
 gi'llyex ■ :, , ;,-. -■!. lier officer shall grant 
 1 1 :i ; 1 1 . : I ! jiiaty, and the subordinate 
 
 el' I Ml iiiej of the enemy. 
 
 7. 'ii I; eee: , 1 ;.]..;; i 1 iiij Or iutercoiu'se with the 
 enemy, wiilieut neee^sity, ;iud without the permission of 
 the Ccn!oil..rate States. 
 
 8. Of unlawful tra'iingwith the enemy and other offences 
 against the laws of the Confederate " States, enacted to 
 promote their success in the war. 
 
 9. Of conspiracies, or attempts to liberate prisoners of 
 war held by the Confederate States. 
 
 10. Of conspiracies, or attempts or preparations to aid 
 the enemy. 
 
 n. Of persons aiding or inciting others to abandon the 
 Confederate cause, or to resist the Confederate States, or to 
 adhere to the enemy. 
 
 12. Of unlawful burning, destroying or injuring, or at- 
 tempting to burn, destroy or injure any bridge or railroad, 
 or teleuraiih line of cuniiiiiniication,or other property with 
 
 ! i i.i impair the military power 
 
 .. iiig or attempting to destroy 
 
 e ; 1 1115 of war, or arsenals, foun- 
 
 ther property of the Confederate 
 
 the 
 
 of the i-.e ■ 
 the ve^.e],. ;■ ;ir,e 
 deries, wurkshops. 
 States. 
 
 The remaining sections are unimportant. The act to 
 continue in force 90 days after meeting of next Congi-ess. 
 
 ESTEXT of POWER CLAIMED BY T0E GOVERNMENT. 
 
 The instructions of the War Department with respect to 
 proeecdin<jiis under the lawmaking a limited or f/(;'j-t sus- 
 |i lei 11 ej Ihe /lahms hirpiis, remove many grounds ii| 
 i jiiepose what may lie cunsiilercd as a very 
 1. I .: . ution of till? law. Parties arrested, in tho 
 
 ea. .e tieeni^l in the law, will not be d nied a trial, but 
 their cases will be investigated by cimiinissiouers, who will 
 
 of the wr 
 
 
 
 iuvasi.m . 
 
 I. That 
 
 Stiites, th 
 
 i i>n 
 
 'i.4 tl 
 vil.ge 
 
 said writ in th" existing ease of 
 lies by tlie armies of tho United 
 
 President has asked for tho sus- 
 .,/.<; m)-,i/ ,-. Aiel informed Congress 
 
 ir-i'ii' If. 11 ler the suspension 
 
 e I ■ 1 1 1 lie defence against 
 
 -111 ill ;i i-t the Cnnfederato 
 
 u writ oi hui/eus corpus he and the 
 
 *Ilespccting this offence, this order was issued in 1801 : 
 War Depaiitment. 
 PilcnMONn, JS'oiemlier-Si. ISl'd . 
 
 Sir : Your report of the 2;ith instant is received, and I 
 now proceed to give you tliedesircd instructions in lelatioa 
 to the prisoners taken by you among the traitors of East 
 Tennessee. 
 
 First. All such as can be identified in having been en- 
 gaged in bridge burning are to lie tried summarily by dium- 
 liead court-martial, and. if tVmml eiiiily, executed on lite 
 spet by hanging. It would jieweii lo leave their bodies 
 haii'^ing i:i the vicinity utHie lairiil luidiies. 
 
 Seeoiel. .\:i -i;.-;i :: 'l ,1. i:-.; In , 11 , , e,e;a-,.,l areto bo 
 treateil; i \ ,. ; i ,, \ h , e i,;-ined guard 
 
 to TiiS' '' \ e I , ;i, :,, , 1 ,,,, , .,,, H,,ned at the 
 
 deiiei :-. '. ,, I -,■ i;. . c e, ;•; -m h I , j e ' i .< , i , , a's uf \var. 
 
 Vvii I I . ; :, il, : 11 HIS are concentrated 
 
 I 1 . \ I \; ; ,, tihments, search for 
 
 '"''■ '. Ill I,. . , . 1 ■ ei'the menknown to 
 
 i ■ ■ i a I 111 ;i:ii e el I . ' I ' ivemnicnt to lie TG- 
 I' 1 ' :;:au:e. The time for 
 
 i! i 1 I e held as prisonei-s of 
 
 M :. I ,::,:.! I, .! :a ;.■,; I ■:; 1 ,■.'■■■ ■^ ,', ■ war. Such as come 
 ill \-!iiiii;n li.- , t.eive ih. ,,.;;u ,,i ..;! .^iance, and surrender 
 their arni-s, are alone to he treated with leiuency. 
 
 Your vigilant execution sf these orders is earnestly urged 
 by the Government. 
 
 Your obedient servant, 
 
 J. P. HI.:..! ^-HX, S.-erctary of War. 
 
 Col. W. B. WOOT), 7wM.'r , . /, e. 
 
 P. S. — .Judge Patterseii, (el. I i 1; ns. and other ring- 
 leaders of the same class, nui-t be scut at once to Tuicaloosa 
 to jail as prisoners of wai". 
 
188 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 lie aiipninted for those duties iu tho different military de- 
 
 ■ given by 
 
 the department commander as soon as practicable after 
 they are made, and the commissioner will proceed to inves- 
 ti;;ale tlio same. If, upon examination, a reasonable and 
 probaI>le cause for detention does not appear, lie will certify 
 the fact to tlie general or other officer in command, wlio 
 will immediately discharge tlie prisoner from arrest. But 
 if a reasonable and probable cause does appear, the com- 
 missioner will forthwith transmit to the War Department a 
 copy of the evidence taken in tho case, witli liis opinion 
 thereon, fur instructions, and meanwhile the prisoner will 
 remain in custody. 
 
 In cases where persons not belonging to the military ser- 
 vice shall apply to any court or oflicer in the Confederate 
 States for a writ of habeas corpus, it will be tlio duty of the 
 officer having the command or custody of such i^erson forth- 
 with to report the case, with all the relevant facts, to the 
 War Department, for instructions as to the proper ajiswer 
 to be made to such writ. 
 
 Newspaper Excltision and Suppres- 
 sion. 
 
 August 16, 1861— In the United States Circuit 
 Court of New York the ^rand jury presented 
 the Journal of Commerce, the Daily Nctos, the 
 Freeman's Journal, and the Brooklyn Eagle iis 
 aiders and abettors of treason, in terms follow- 
 ing: 
 To the Circuit Court of the Unitul States 
 
 for the Southern District of New Torh: 
 
 The Grand Inquest of the United States of America for 
 the Southern District of New York beg leave to jiresent the 
 following facts to the Court and ask its advice tliereon : 
 
 There are certain newspapers within this district which 
 are in the frequent practice of encouraging the rebels now 
 in arms against the Federal Government by expressing sym- 
 pathy and agreement with them, the duty of acceding to 
 their demands, and dissatisfaction with the employment of 
 force to overcome them. These papers are tho New York 
 daily and wevUly Joitraal of C'ommcrB'?, the daily and weekly 
 JVews, the daily and weekly Daif-Bunlc, the Freeman's Jour- 
 nal, all published in the city of New York, and the daily and 
 weekly Eagk, published in the city of Brooklyn. The firsts 
 named of these has just published a list of newspapers in 
 the free States opposed to what it calls " tJie present unholy 
 war" — a war in tho defence of our country and its institu- 
 tions, and our most sacred rights, and carried on solely for 
 the restoration of the authority of the Government. 
 
 The Grand Jiuy are aware that fre« Governments allow 
 liberty of speech and of the press to their utmost limit, but 
 there is nevertheless a limit. If a person in a fortress or 
 an army were to preach to the soldiers submission to the 
 enemy he would bo treated as an offender. Would he be 
 more culpable than tho citizen who, in the midst of the 
 most formidable conspiracy and rebellion, tells the con- 
 spirators and rebels that they are right, encourages them 
 to persevere in resistance, and condemns the efl'ort of loyal 
 uitixens to overox)me and punish them as an "unholy war?" 
 If tho utterance of such language iu the streets or through 
 the press is not a crime, then there is a great defect in our 
 laws, or they were not made for such an emergency. 
 
 The conduct of these disloyal presses is of course con- 
 demned and abhorred by all loyal men; but the Grand Jury 
 will be glad to learn from the Court that it is also subject 
 to indictment and condign punishment. 
 
 All which is respectfully presented. 
 
 CilAKLES GOULD, Foreman. 
 
 New York, AuffustX^, 1861. 
 
 [Signed by all the Grand Jurors.] 
 
 ORUER OF THE POSTMASTER GENERAL. 
 
 Post Office Departmknt, August 22, 1861. 
 Sir : The Postmaster General directs that from and after 
 your receipt of this letter none of the newspapers pub- 
 lished iu New York city which were lately presented by 
 t!ie graml jury as dangerous, from their disloyalty, shall be 
 forwarded in tlio mails. 
 I am, respectfully, your obedient servant, 
 
 T. B. TIIOXT, Chief CUrk. 
 To the Postmaster, Keio Tark City. 
 
 SEIZURES OF NEWSPAPERS. 
 PfniADEi.PHlA, August 22 — 0:i the arrival of the New 
 York train this mnru'ing Marshal Millward. and hisofficers, 
 examined nil the bundles of papers and seized every copy 
 cf the New York Daily N.ws. The sale of this paper is 
 t<itally ,-uppresse I in this city. Marshal Xlillwiird also 
 Seized all the bundles of the Daily News at the Express 
 
 offices for the West and South, inehuliDg over one thousind 
 copies for l,ouisville, and nearly five hu'idred copies tbr 
 Baltimore, Washington, Alexandria, and Annapolis. The 
 Marshal also took possession of the office of the Cliristi ;u 
 Observer in consequence of a late violent article on the " ua- 
 holy war." 
 
 Oth^r newspapers were similarly excluded froTi 
 the'mails, and in due time, the subject engaged 
 the attention of Congress; resolutions of in- 
 quiry having been offered iu the Senate. January 
 14, 1SG3, by Mr. Cari-ile, and in the House, 
 December 1, 1862, by Mr. Vallandigham. 
 
 1863, January 20 — The Committee on Judici- 
 ary oF the House of Representatives made a 
 report, which embodied the following letter of 
 the Postmaster General : 
 
 Post Office Department, Janwary. 5, 1S63. 
 
 Sir : I have the honor to acknowledgi^ the receipt of tho 
 communication signed by you in behalf of the Judiciary 
 Committee, embracingacopy of the resolution of the House 
 of Representatives, in the lollowing words : 
 —^Resolved, That tho Committee on the Judiciary be in- 
 structed to inquire and report to the House at an early day 
 by what authority of Constitution and law, if any, tho 
 Postmaster General undertakes to decide what newspapers 
 may and what shall not be transmitted through the mails 
 ol the United States." 
 
 On the first day of the last session of Congress, being the 
 earliest opportunity after the action to which the resolution 
 relates, I submitted to Congress a statement of my action, 
 and of the general reasons and authority for the same, in 
 the following language: 
 
 "Vai-ious newspapers, having more or less influence 
 within the sphere of their circulation, were represented to 
 be, and were, in fact, devoting their columns to the further- 
 ance of the schemes of oiu- national enemies. These efforts 
 were persistently directed to the advancement of hostile 
 interests, to thwart the eftbrts made to preserve the integ- 
 rity of the Union, and to accomplish tho results of open 
 treiuson without incurring its judicial penalties. To await 
 the results of slow judicial prosecution was to allow crime 
 to be consummated, wth the expectation of subsequent 
 punishment, instead of preventing its accomplishment Iiy 
 prompt and direct interference. 
 
 •^ " The freedom of the press is secured by a high constitu- 
 tional sanction. But it is freedom and not license that is 
 guaranteed. It is to be used only for lawful puri.oses. It 
 cannot aim blows at the existence of the Government, the 
 Constitution, and the Union, and at the same time claim its 
 protection. As well could the assassin strike his blow at 
 human life, at the same time claiming that his ^nctim 
 should not commit a breach of the peace by a counter 
 blow. While, therefore, this department neither enjoyed 
 nor claimed the power to suppress such treasonable publi- 
 cations, but left them free to publish what they pleased, it 
 could not be called upon to give them circulation. It could 
 not and would not interfere with the freedom secured by 
 law, but it could and did obstruct the dissemination of that 
 license wliich was without the pale of the Constitution and 
 law. The mails establislied by the United States Govern- 
 ment could not, upon any known principle of law or public 
 right, bo used for its destruction. As well could the com- 
 mon carrier be legally required to transport a machine 
 designed for the destruction of the vehicle conveying it, or 
 an innkeeper be compelled to entertain a traveller whcvin 
 he knew to be intending to commit a robbery in his house. 
 
 " I find these views supported by the high authority of 
 tho late Justice Story, of the Supreme Court of the United 
 States. He says, in commenting on that clause of the Con- 
 stitution securing the freedom of the press : 
 
 " ' That this amendment was intended to secure to every 
 citizen an absolute right to speak, or write, or print whit- 
 soever he might please, without any responsibility, public 
 or private, therefor, is a supposition too wild to be indulged I 
 in by any rational man. This would be to allow to every 
 citizen tho right to destroy at his pleasure tho reputation, 
 tho peace, tho property, and even tlio personal safety of ev- 
 ery other citizen. A man might, out of mere malice or 
 revenge, accuse another of the most infamous crimes; 
 might excite against him the indignation of all his fellow- 
 citizens by the most atrocious calumnies; might distniti, 
 nay, overturn all his domestic peace and embitter his \y,.v- 
 ental affections; might inflict the most distressing imnisU- 
 ment upon the weak, the timid, and the innocent; might 
 prejudice all a man's civil and political and private riglits; 
 and might stir up sedition, rebelliou, and treason, eviii 
 against the Government itself, in the wantonness of liis 
 passions, or the corruption of his heart. Civil society could 
 not go on under such ciroumstaiices. Men would then lio 
 obliged to resort to pnvjte vengeance to make up the deti- 
 
ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 189 
 
 cieucy of the law; and assassinations a^ld savage cruelties 
 ■wuiild be purpetrated with all the freqtiency belonging to 
 barljarous and cruel communities. It is plain, then, that 
 the language of this amendment imports no more than that 
 every man has a right to speak, -CTrite, and print his opin- 
 ions upon any subject whatever, without any prior re- 
 straint, so always that ho does not injure any other person 
 in his rights, person, property, or reputation ; and so always 
 that he docs not thereby disturb the public peace, or attempt to 
 subvertthe Government.' " 
 ^/•^Of the cases pi-esented for my action, upon the princi- 
 ples above named, I have by order excluded from the mails 
 twelve of these ti-easonablo publications, of which several 
 had been previously presented by the grand jury as incen- 
 diary and hostile to constitutional authority." 
 
 I am not aware that at any time, nor from any quarter, 
 during that long session, any inquiry or complaint was made, 
 or objection taken touching that action, or the considera- 
 tions then presented in support of it. From this it was 
 fairly inferred that Congi-ess then unanimously recognized 
 the action as not only in harmony with, but in direct aid of, 
 the Constitution of the United States, then shaken by the 
 assaults of its avowed enemies. 
 
 The immediate occasion of the orders excluding certain 
 newspapers from the mails was a communication to tliis de- 
 partment of the action of a grand jury of the United States 
 circuit court for the Southern District of New York./'Their 
 presentment was in the following words. [See ante for pre- 
 sentment.] 
 
 This authoritative exhibition of the character of these 
 papers, as disseminators of treason and instigators of the 
 highest crime known to our laws, could not bo disregarded, 
 accompanied, as it was, by representations of their danger- 
 ous eflect upon the military operations of the country. 
 Entertaining the highest possible regard for the liberty of 
 the press, distinguished from its uncontrolled and criminal 
 license, I would not, except in time of war, have adopted 
 the ai-gumonts of my predecessors in office, in justification 
 of the non-delivei-y of printed matter sent through the 
 mails. The question has been repeatedly presented to my 
 predecessors in time of peace in relation to printed matter 
 styled '•incendiary," or "abolition in its character," and 
 in respect to the States now in insurrection. AVhilo justity- 
 ing postmasters in their refusal to receive or forwiu-d mail 
 matter described by the general terms of the postal laws as 
 " mailable matter," an eminent Postmaster General of the 
 administration of General Jackson, under date of August 
 '22, 1835, addressed a letter to the postmaster at New York 
 givin<i his views upon the question under discussion. The 
 New York postrnftster had assumed to decide that certain 
 newspapers, placed in that post office for conveyance iu the 
 mails, were incendiary in their character, and calculated to 
 promote insmrection. He refused to forw;vrd them. The 
 Postmaster General, declining himself to decide upon the 
 character of the publications in question, and refusing to 
 make the orders thereon, justified his deputy postmaster in 
 the decision made by him, and supported him by the follow- 
 ing arguments, extracted from his 1 etter of that date, to wliich 
 the attention of Congress was subsequently called. That 
 Congress, however, by its inaction, seemed to concur in the 
 right and the policy of excluding snch alleged treasonable 
 and insurrectionary publications from the mails. 
 
 Post Office Department, August 22, 1835." — 
 
 * "Postmasters may lawfully know, in all cases, the con 
 tents of new-papers, because tbe law expr ssiy provides 
 that they shall bo so put tip that they may be readily ex- 
 amined; ami if they know those contents to bo calculated 
 and designed to produce, and. if delivered, will certainly 
 produce, the commission of the most ugjrravated crimes 
 upon the property and persons of their fellow citizens, it 
 cannot be doubted that it is their duty to detain them, 
 if not even t j hand them over to the civil authorities. * 
 
 * " If it lie jUhtifiablo to detain papers passing through 
 the mail, for the purpose of preventing orpu-ishing isolat- 
 ed crimes a-^ainst individuals, how much more important 
 is it that this responsibility should be assumed to prevent 
 insurrections and save communities? If, in time of war, a 
 postmaster should detect a letter of an enemy or spy pass- 
 ing through the mail, which, if it reached its destination, 
 would expose his country to invasion and her armies to 
 destruction, ought ho not to arrest it 2 Yet, where is the 
 legal power to do so? 
 
 "Asa measure of great public necessity, therefore, you and 
 the other postmasters who have asstcmedthe responsibility of 
 slopping these inflammatory papers will, Ihave no doubt, stand 
 justified in that step before your country and all maiiJa'ml. 
 
 * * " Are the officers of the United States com- 
 pelled by the Constitution and laws to become the instru- 
 ments and accomplices of those who design to baffle and 
 make nugatory the constitutional laws of the States; to fill 
 them with sedition and murder and insurrection; to over- 
 throw those institutions whieh are recognized and guaran- 
 tied by the Constitution itself? * * In these con- 
 
 sideration? there is reason to doubt whether the abolition- 
 ists have a ri^ht to make vse ot the mails of the United 
 States to convey tlieir public-.tions into States where tln-ir 
 circulation is lorbidden by law, mid it is by no means 
 certain that mail-e .rriers and postmasters are secure fnm 
 the penalties of that law. ii they knowingly carry, riis- 
 tiibute, or hand them out. * * As well may 
 thecuunterfeit--r and robber demand the use of the mails 
 for eonsumii:atiiig their ciinus, and complain ofa violati.m 
 of their rights when it is r!(-ii.<.(l. 
 
 " Upon these grounds a jiostmaster m.ay well hesitate to 
 be the agent of the abolitionists in sending their incendiary 
 publications into States where their circulation is prohibi- 
 ted by law; and much more may postmasters residing in 
 those States refuse to distribute them. * « I do 
 not desire to be understood as affirming that tho sueges- 
 tions here thrown out ought, without the action of higher 
 authority, to be considered as tho settled construction of the 
 law, or regarded by postmasters as the rule of theii- future 
 action. _ It is only intended to say that in a sudden emer- 
 gency, involving principles so grave and consequences so 
 serious, the safest course for postmasters and the best for 
 the country is that which you liavo adopted. * * * 
 You prevent your Government from being the unwilling 
 agent and abettor of crimes against tho States which strike 
 at their very existence, and give time for the proper au- 
 thorities to discuss the principles involved and digest a sale 
 i-ulo for the future guidance of the department. 
 
 "While persisting in a course wliich philanthropy re- 
 commends and p.itriotism approves, I doubt not that you 
 and the other postm.'.sters who havo ixssumed the responsi- 
 bility of stopping these inflammatory papers in their pas- 
 sage to the South will perceive the necessity of performing 
 your duty in transmitting and delivering ordinary news- 
 papers, magazines, and pamphlets, with perfect punctuality. 
 Occasion must not be given to charge tho postmasters wltii 
 carrying their precautions beyond the necessities of the 
 case, or capriciously applj-ing them to other cases in which 
 there is no necessity ; and it would be the duty, as well as 
 the inclination, of the department to punish such assump- 
 tion with unwonted severity. This suggestion I do not 
 make because I have any apprehension that it is needed 
 for yoiu- restraint, but because I wish this paper to bear 
 upon its face a complete explanation of the views which I 
 tako of my own duty in the existing emergency." 
 
 Tho question was afterwards repeatedly presented in this 
 department. In February, 1857, it was I^rou-ht bcibro 
 Postmaster General Campbell, inconni' i' a wiiii tn' ex- 
 clusion of the Cineinnati Gazette fromj' i ' r - : . ~ ^n 
 Mississippi. A certain postmaster at Y./ . I ■ i it 
 
 the privilege of his post office. Mr. Ciiui;.' j'A i Ili^ . 1 tho 
 question to the Attorney General of President Pierc^i's .".d- 
 ministration. Under date of March 2, 1S57, the Attorney 
 General, as the law officer of the Government, rep!i"d 
 officially to the Postmaster General, justifj'ing such action 
 on the part of postmasters, and asserting, among others, 
 the following arguments and conclusions : 
 
 "Attorney Gencral's Office, 
 ''March 2, 1S57. 
 
 * * " With these premises we have the main question 
 very much simplified. It is this: lias a citizen of one of 
 Jthe United States plenary indisputalilo right to employ the 
 functions and the officers of the Union as the means of en- 
 abling him to produce insurrection in another of the United 
 States ? Can the officers of the Union lawfull v lend its func- 
 tions to the citizens of one of the States for the purpose of 
 promoting insurrection in another State ? 
 
 "Talcing tho last of those questions first, it is obvious to 
 say that, inasmuch as it is the constitutional uMi.Mtion of 
 the United States to protect each of tin' .- .■ ; ,ii;:-t -do- 
 mestic violence,' and to make provision l > - ; I iir- 
 rections,' it cannot be the right of the Vl ■ . r nf 
 any of its officers, and, of course, it cam 1' ; ' i: u,i;v to 
 promote, or be the instrument of promoting-, insuiri-ctiouin 
 any part of the United States. 
 
 "As to the first question, likewise, it seems obvious to say, 
 that, as insurrection in any one of tho States is violation of 
 law, not only so far as regards that State itself, but also aa 
 regards the United States, therefore no citizi n of the Union 
 can la^vfully incite insmrection in any one of the States. 
 * * * It wotdd be preposterous to suppose that any 
 citizen of the United Sfcites has lawful right to do that 
 which he is bound by law to prevent when attempted by 
 any and all others ; and monstrous to pretend that a citizen 
 of one of the St;ites has a moral right to promote or coniiuit 
 insurrection or domestic violeuce,"that is, robbery, bm-.uda.y, 
 arson, rape, and nmrder, by wholesale, iu another of tiio 
 States. 
 
 " These considerations, it seems to me, are decisive of the 
 question of tho true construction of the act of Congress. 
 Of that it is impossible for me to doubt. Its enactment is, 
 that ' if any postmaster shall unlawfully detain.' he shall 
 be subject to fine, imprisonment, and disqualification. 
 
190 
 
 ADMINISTRATION OF ABRAHAM L.NCOLN. 
 
 Then, if the thiiiT; be of lawful delivery, it cnnnot be law- 
 fully dctiiiued; while, on ibo other hand, it cannot bo un- 
 lawful to detain that which it is unlawful to deliver. Such 
 is the plain lan^juage and tho manifest import of the act of 
 Congress. 
 
 " I do not mean to be understood that tho word ' unlaw- 
 fully' of the act determines the case : on the contrary, my 
 conclusion would be the same, though that word had not 
 been hero inserted. Ey enii)!oyiug it, indeed, the act ex- 
 pressly admits that til ■ ■ 1.1 y ! -• 1 :\vful cause of detention. 
 But euch lawful cuu . i i the less exist, although 
 
 its existence were in: 1 : !\ recognized. And, of 
 
 all conceivable cause:, . i d : :rii ii. there can be none more 
 operative than treason, illeiie-s of character, for in every 
 society the public safety is the supremcst of laws. 
 
 " Naj', if, instead of expressly admitting lawful causes of 
 detention, the act had undertaken to exclude them — if, for 
 instance, it had in terms required the postmasters to circu- 
 late papers, which, in tendency and purpose, are of character 
 to incite insurrection in any of the States — still my conclu- 
 sion would be the same. I should f^iy ••>' ■^n !i n i.ro\ision 
 of law it is a nullity, it is unconsi i ' ' ^o by 
 
 reason of conflict with any State In incon- 
 
 sistent with tho Constitution of the L ; i 
 
 "Tho Constitution forbids insurrectn.n ; ii iiniiodes on 
 Congress and the President the duty of suppressing insm-- 
 rection; tliis obligation descends through Congress and tho 
 President to all the suboriUuato functionaries of the Union, 
 civil and military ; and any provision of an act of Congress 
 requiring a Federal functionary to be the agent or minister 
 of insurrection in either of the States would violate palpably 
 the positive letter, and defeat one of the primary objects, of 
 the Constitution. 
 
 " These, my conclusions, apply only to newspapers, pamph- 
 lets, or other printed matter, the character of which is of 
 public notoriety, or is necessarily brought to the knowledge 
 of the postmaster by publicity of transmission through the 
 mails unsealed, and as to tlie natm-e of which he cannot 
 plead ignorance. 
 
 * * "It is intimated in one of the documents before 
 me that to permit a deputy postmaster to detain a news- 
 paper because of its imputed unla^vfulness would be to erect 
 him into a censof of the press. These are but words of rhe- 
 torical exaggeration. Public journals are a necessary part 
 of our social life, just as much as the steamboat, the rail- 
 way train, or the telegraph. There is not the least reason 
 to apprehend that wo shall suffer ourselves to be dein-ived 
 of them by tho interposition of unlawful impediments to 
 their circulation. 
 
 * * " We shall appreciate the true legal relation of the 
 whole question if we consider a supposition which has mone 
 than once heretofore been actual fact, and may be such 
 again. Suppose that some European Government — whether 
 in the pro.secutionof war,orinduced by hostilily of purpose 
 notyetbecomo war,buttendisigtowaru3 it.orin thespiritof 
 misdirected propagandism of its own particular social or 
 political opinions— should undertake to produce revolution 
 or insurrection in the United States. Would it, in that 
 case, be tho duty, would it be the right, of the Government 
 or ofQcers of the Union to aid the foreign Government in its 
 inimical machinations? To this general inquiry, of course, 
 therecanbobut one possible answer. It wouldbothe mani- 
 fest duty of every oiHcer of the United States — nay, of every 
 officer of each State — nay, of every citizen of tlie United 
 States, to resist, and to do everything in his power to de- 
 feat all such niachin.ations; for every citizen of the United 
 States is u'.ider engagement, express or implied, to uphold 
 and maintain the Constitution. 
 
 "In the general contingency supposed it is quite imma- 
 terial whether foreign attempts to prodJice revolution con- 
 sist of e.xhortations to insurrection by wordof mnuth — that 
 is, the introduction of emissaries of sedition into tho coun- 
 try — or of exhortations to insurrection in the form of hand- 
 bills, newspapers, or pamphlets. In whatever manner at- 
 tempted, the thing itself would be an act of wrongful of 
 hostile attack on our sovei-eignty and on our national and 
 private peace; defensible as an act of war on the part of an 
 enemy Government, but otherwise against natural law, 
 against puMic law, against municipal law ; and therefore, 
 on all these accounts, requiring to be manfully withstood 
 and counteracted by every sound-hearted and true-minded 
 citizen of the United States, and more e8|ioc;al!y by all olD- 
 cors, civil and military, of the Federal Government, from 
 tho President down to the humblest village postmaster in 
 the land. 
 
 '• The general supposition includes printed, equally with 
 oral, exhortations to insurrection. Take now, by itself, the 
 case of printed matter of that description. Is it the legal 
 duty of the Post Office Department knowingly to circulate 
 sucii matter ? Is it the legal duty of deputy postmasters ? 
 Or reducing tho general supposition down to its narrowest 
 expression in tho limited exigencies of the present case, is a 
 deputy postmaster required knowingly to circulate such 
 matter under penalty of indictment, removal from office, 
 
 and disqtialification ? Is the inconvenience which the fo"-- 
 eign Government or its emissary may suffer, in not li ing 
 able to effect the free circulation of such treasonable mttt r 
 — or the inconvenience which the disaffected person to wlio'r. 
 it was addressed suffers, in his not being able to receive ami 
 to circulate further such treasonable matter — are these in- 
 conveniences to outweigh the inconvenience to tho wholo 
 country, as well as to individuals, of insurrection, and of 
 civil or servile war? Is tliat the true construction of the 
 act of Congress f I think no legal expositor could hesitate 
 to saj', no. 
 
 " Now in what does the general case supposed, with its 
 all but self-evident conclusions, differ from the specific case 
 under consideration ? Simply, that any European Govern- 
 ment possesses the sovereign right, as an act of war, to 
 attack us with attempts to excite insurrection as well as 
 with cannon — subject to be repelled by tho sovereign power 
 of the Union — but no citizen of the United States possesses 
 legal right to promote rebellious acts in any part of the 
 counti-y, whether as against the authority of the Unitc-d. 
 States or of the particular State in which he is, or of any* 
 other of the States. 
 
 * * "In line, the proposition may be made universal 
 to the effect that no person in the United States, whether ho 
 be citizen, subject, or alien, has the legal right to promote re- 
 bellion. * * In the foregoing series of supposi- 
 tions we have reasoned out a conclusion from tho premises 
 of the attempt of a foreign Government, by the use of oar 
 mails and post offices, to promote insurrection in the United 
 States. * * And shall not the citizens of one of 
 the States of the Union be held entitled to the same seciu-ity 
 from attempts to promote insurrection among them, on the 
 part of their fellow-citizens of other States? * * 
 On the whole, then, it seems clear to me that a deputy 
 postmaster, or other officer of tho United States, is not re- 
 quired by law to become knowingly the enforced agent or 
 instrument of enemies of the public peace, to ilisseminate, 
 in their behalf, within the limits of any one of the States 
 of the Union printed matter, the design and tendency of 
 which are to promote insurrection in such State.""* 
 
 Again, in 1859, Mr. Holt, then at the head of this depart- 
 ment, in a letter dated the 5th of December of that year, 
 addressed to a postmaster in Virginia, adhered to the prece- 
 dents, and said: 
 
 "One of the most solemn constitutional oblig.ations im- 
 posed on the Federal Government is that of protecting the 
 States against 'insurrection' and 'domestic violence;' of 
 course none of its instrumentalities can be lawfully em- 
 ployed in inciting, even in tho remotest degree, to the very 
 crime which involves in its train all others, and with tho 
 Jmppression of which it is especially charged." 
 "^ These citations show that a course of precedents has ex- 
 isted in this department for tvfenty-five years — known to 
 Congress, not annulled or restrained by act of Congress — in 
 accordance with which newspapers and other printed mat- 
 ter, decided by postal offlcei-s to be insurrectionary, or trea- 
 sonable, or in any degree inciting to treason or insurrection, 
 have been excluded from the mails and post offices of the 
 United States solely by authority of the executive adminis- 
 tration. This, under the rules settled by the Supreme Com-t 
 of the United States, as applicable to executive construction 
 of laws with whose execution the departments are specially 
 
 * Jefferson D.\.vis thus expressed himself on this opinion 
 of Attorney General Cushing a few months after its publi- 
 cation : 
 
 Washington, Jamiar;/ 4, 1858. 
 
 Gentlemen : "VTlien I last addressed you in answer to your 
 letter communicating the views and feelings of the citizens 
 of Yazoo City, in relation to tho circulation of incendiary 
 matter through tho mails of the United States, I promised 
 that you should hear from me further, and gave you assur- 
 ance of such action by the last Administration as would be 
 satisfactory to you. 
 
 I have thus long delayed the promised comnmnieation in 
 expectation of receiving the opinion of the At turey Gen- 
 eral upon the legal merits of the case, the quesiiou haxiiig 
 been referred to him by the Postmaster General, the Hon. 
 James Campbell. 
 
 The Attorney General, in the opinion enclosed, sustains 
 tho conclusion of tho President and the Postnuister Gen- 
 eral, and so satisfiictorily disposes of the question at issue 
 that I hope that we shall be saved from any further agita- 
 tion of it. 
 
 Concurring fully with you in your opinion of the powers 
 of a State, the duty of its citizens, and the obligation of our 
 community in such contingency as that presented by tho 
 c;is6 reported in your letter, I trust we shall also agree that 
 the mutter has been concluded in a maimer wiu'thy of tlie 
 State-Rights Administration under which it arose. 
 
 With great regard, I am your friend and fellow-citizen, 
 JEFFERSON DAVIS. 
 To Messrs. Robert Bowman, George B. Wilkinson, and A 
 
 M. HailoW; committee, Yazoo City. 
 
ADMINISTRATION OP ABRAHAM LINCOLN. 
 
 191 
 
 charged, would establish my action as -within the legal con- 
 struction of the postal acts authorizing the transportation 
 of printed matter in the United States mails. It would set- 
 tle the right of this department and its various officers to 
 resist all efforts to maku them particeps criminis of treason 
 and rebellion, by compelling them to circulate and distrib- 
 ute with their own hands the moral weapons which are to 
 bring civil war to their firesides, with its horrible train of 
 barbarities in the destruction of life and property. 
 
 Upon the like considerations I have, at different times, 
 excluded from the mails obscene and scandalous printed 
 matter on exhibition of its criminal immorality. If an un- 
 sjaled printed publication were offered to the mails, insti- 
 gating murder, arson, destruction of railroads, or other 
 crimes, and advocating an organization for such purposes, I 
 should, upon the same principles, without hesitation, ex- 
 clude it from the mails as unlawful matter, in the absence 
 of a contravening act of Congress. 
 ^""^ I do not wish to bo understood, however, as indorsing, but 
 rather as distinctly dissenting from, some of the arguments 
 and conclusions, and from the extent to which preceding 
 Administrations have gone, as indicated by some of the 
 foregoing citations. The precedents and arguments go far 
 beyond any action which I have taken, or would be willing 
 to take, under the like circumstances. 
 ■Jf 1st. I reject that portion of the precedents which allows 
 » twenty-eight, thousand postmasters of the country to j udge, 
 each for himself, what newspapers are lawful and what un- 
 lawlul ; what may go in the mails and what shall be ex- , 
 eluded. I have refused to allow postmasters to sit in final 
 judgment upon all the interests involved, subject as they 
 are to conflicting local prejudices. The Postmaster General, 
 who is more directly responsible to Congress, and more ac- 
 cessible to their inquiries, should alone exercise such 
 ai.'^^hority, in whatever degree it exists, and should not 
 devolve it on subordinates. Whatever control can be law- 
 fully exercised over the mails by a postmaster may always 
 be exercised or ordered by the chief, under whose direction 
 the law expressly subordinates the postmaster. This is a 
 Belt^vident proposition. It has, however, been sustained 
 by the official opinion of the Attorney General of the 
 United States, dated March 2, 1857. 
 
 2d. I dissent from the extent to which the doctrine has 
 been carried by late administrations, that in time of peace, 
 and in the absence of all hostile or criminal organizations, 
 operating against Constitution or law, either a Postmaster 
 General, or any postmaster, can at will exclude from the 
 mails newspapers and other printed matter which contain 
 . discussions obnoxious to some special interest, but not 
 ' ^aimed against Government, law, or the public safety./ It is 
 /' XHio diuigerous a (hscretion to be exercised or desired.by any 
 executive officer attached to the constitutional freedom of 
 the press. Such has been, in some cases, the action of this 
 department in late years, and I take (his occasion to break 
 the too great uniformity of its iirlj n- in ll.i respect. 
 Even in time of war, the pow I 1 aldbe 
 
 used with great care and d' li : , , ; , i war, 
 
 because the executive deparlic iii h:. i \\ . i;,- n v.liich 
 do not attach to it in time of peace. The I'unstitutiou pro- 
 vides that no person shall " be deprived of life, liberty, or 
 property without due process of law; nor shall private 
 property be taken for public vise without just compensa- 
 tion." Yet, in time of war, the life, liberty, and properly o/ 
 persons in the United States, being also insurrectinnai-y 
 enemies of the United States, are necessarily taken without 
 any process except that of powder and the bayonet. And 
 no man denies the right as an incident of war. Yet, in 
 peace, it could not be done. These acts are as thoroughly 
 constitutional in war as they are unconstitutional in peace. 
 In harmony with this principle, I would give far greater 
 latitude to alleged \\Tongful and obnoxious printed matter 
 in a period of peace than Viould be justifiable in a tiijie of war. 
 This reply to the inquiry transmitted to me by the com- 
 mittee embraces the following conclusions : 
 
 Firi4. That tiie exercise of the authority inquired of rests 
 upon the Constitution of the United States, and the defini- 
 tion of iu;iil;il.Ic iii.itter given in the postal law, as construed 
 by I'u i ,r,iiii' i . I i;,,iis of this department, enforced by the 
 ctfiri;i; ;i . I r 1 ;i late Attorney General of the United 
 Statr \ ; : I I, I Mj and recognized by former Congresses 
 
 of tic- 1 lilt- 1 M,, -s. 
 
 Second. Thrit a power and a duty to prevent hostile printed 
 matter from reaching the enemy, and to prevent such mat- 
 ter from instigating others toco-operate with the enemy, by 
 the aid of the United States mails, exist in time of war, and 
 in the presence of treasonable and armed enemies of the 
 Ui)ited States, which do not exist in time of peace, and in 
 the absence of criminal organizations. 
 
 Third. That the present Postmaster General has restricted 
 the exercise of the power during this war far within the 
 scope claimed and allowed by former Administrations in 
 periods of national peace. 
 
 I have the honor to be, very respectfully, your obedient 
 servant, M. LLAIR, Posinuxker General. 
 
 The comniUee review the case, find con- 
 clude as follows : 
 
 Your comtnitteo are not unmindful of the fact that too 
 gi-eat caution cannot bo exercised in arriving at a conclusion 
 as to what is and what is not lawful mailable ni.itter ; or, 
 in other words, what papers, publications, or messag s are 
 treasonable in their character, or for other reasons unlaw- 
 ful, ami should, therefore, lie excluded from the mails. 
 
 In the case now before the committee the grand jury of 
 one of the federal courts in the Staff of New York concur- 
 red in opinion with the head of the Post Otlice Bciiartiiient 
 in the construction of the character of the pulilicatioiisi, 
 and the purposes of the publishei 8, it being, too, in a time 
 when extreme vigilance was demanded in the (>x(cutive 
 department of the Government to preserve the integrity of 
 the Union. And the object being to secure that nol^le ami 
 patriotic object, your committee believe the act of the Pnstr 
 master General was not only within the scope of his powers, 
 but induced solely by considerations of the public good. 
 
 Mr. Geo. H. Pendleton, of Ohio, (of the Ju- 
 diciary Committee,) in his sprech, March 3, 
 1863, in the House, quoted these two additional 
 paragraphs from Amos Kendall's opinion of 
 1835 : 
 ' " After maturfr consideration of the subject, and seeking 
 the best advice within my reach, I am confirmed in the 
 opin'on that the Postmaster General has no legal authority, 
 bj' any order or regulation of the Department, to exclucle 
 from the mails any species of magazines, newspapers, or 
 pamphlets. Such a power vested in the head of this De- 
 partment would be fearfully dangerous, and has therefore 
 been withheld. Any order or letter of mine directing or 
 officially sanctioning the step you have laken would, there- 
 fore, be utterly powerless and void, and would not in tha 
 slightest de,2:ree relievo you from itsresponsibility. * * 
 " The Postmaster General has no legal power to pre- 
 scribe any rules for the government of postmasters in such 
 cases; nor has he ever attempted to do so. They act in 
 each case on their own responsibility ; and if they im- 
 properly detain or use papers sent to their offices for trans- 
 mission or delivery it is at their peril, and on tlieir heads 
 falls the punishment. If in time of war a postmaster should 
 detect the letter of an enemy or a spy passing through tho 
 mail, which, if it reached its destination, would expose his 
 country to invasion and her armies to destruction, ought he 
 not to arrest it ? Yet where is his legal power to do so ?" 
 He added : 
 
 In 1836, Mr. Calhoun, as chairman of a special committee 
 of the Senate, reported a bill making it a penal offence for 
 any postmaster to receive into the mails for transmission 
 to any person within a State, or to deliver out of the mails 
 to any such person, any publication the circulation of 
 which was forbidden by that State. Subsequently tho first 
 clause of tho bill was stricken out, and tho latter, relating 
 to the delivery of such matter, was retained. It gave rise 
 to much discussion, and elicited an extremely abie debate 
 from tho most eminent members of that then very able 
 body. Mr. Calhoun, the zealous advocate of the bill, con- 
 tended that a bill uf this nature was the only one which 
 Congress had the power to pass; that Congress could not 
 discriminate in reference to character what publications 
 shall or shall not be transmitted through the mail, without 
 abridging the liberty of the press, and subjecting it to tho 
 control of congressional legislation; but that no such re- 
 striction applied to tho States; they miiilit ! /'l r h 
 publications as they thought dans^orous, aicl I !i ; c . -i 
 had the power, and ought to exercise it. > i . , ■; 
 
 with the States in repressing the circulation Mi | : - ,.,.n. ins 
 
 'i II of anti-slavery documents, tending to ex- 
 
 cii I > '■■ I ; erection, had become a great evil. It had 
 
 ibreexii-e. , I . ■ >■.:■, i . ■■;-.! ,.! iC , i,,\v;,e; 
 
 had passeil ' ■,, ; ,: l '■:;[■,,;■> ;e 
 
 penalties. ; : > l - : ■• 1 1 1 ' ii c 
 
 it began to i <■ .ci. -, ;.e'. .i wli.'Uie;- ih .• !>■ tm e i,. 
 relieved fre'Ui the penidtics of the State law be 
 were acting under the sanction of Federal law. 
 xietv existed to relievo the sipnrehensions of th 
 
 pOo,iln. The l>re,i,l,.,:t Cenei-'l ,l:,.k-, .„. ,• -)! 
 
 ipposcd. 
 
 But the bill was lie 
 curtail the freedom . i ] 
 
 The bill was lost I v > ;; c - ,: v of seven; Messrs. Kenton, 
 Clay, Crittenden, SoMtlia-d, Wall, Lei.t^h, Goldsborough, 
 among others from the siavebolding States; and Messrs. 
 
192 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 ■Webster, Nilos, Ewing, and Davis, with others from the 
 non-slavclwlding States voting against it. And yet it is in 
 reference to this discussion and tliia action that the Post- 
 master General in liis letter to the committee says " that 
 Congress by its inaction seemed to concur in the right and 
 the policy of excluding such ;illegcd treasonable and insur- 
 rectionary pubUcations from the mails." On the contrary, 
 Congress expressly refused to sanction the idea that it had 
 the power ; and certainly no other department of the Gov- 
 ernment has. 
 
 Generals commanding departments frequent- 
 ly prohibit the circulation of certain newspapers 
 within the limits of their commands. Major 
 General Wallace, May 18, 1864, suppressed the 
 Baltimore Evening Transcript. Major General 
 Rosecrans, May 2(>, 1864. prohibited the circu- 
 lation of the Metropolitan Record in the depart- 
 ment oK Missouri. The circulation of the Cin- 
 cinnati Enquirer has recently been prohibited^ 
 by tke General commanding, in Kentucky. 
 
 A KEJIINISCENCE. 
 VIRGINIA AND THE TRIBUNB. 
 
 Post Office, Ltnchburq, VnronnA, 
 December 2, 1859. 
 Mr. Horace Geeeiey : 
 
 Sir : I hereby inform you that I shall not, in future, de- 
 liver from this office the copies of the Tribune whlcli come 
 here, because I believe them to be of that incendiary char- 
 acter which are forbidden circulation alike by the laws of 
 the land, and a proper regard for the safety of society. You 
 will, therefore, discontinue them. 
 
 Respectfully, K. IL GLASS^os^mcwicr. 
 
 Reply. 
 New York, December 9, 1859. 
 Mr. Postmaster op Ltwchbtjiio, Virginia : 
 
 Sir : I take leave to assure you that I shall do nothing of 
 the sort. The subscribers to the Tribune in Lynchburg 
 have paid for their papers ; we have taken their money, and 
 shall fahly and fully earn it, according to contract. If tltey 
 direct us to send their papers to some other post office, wo 
 shall obey the request ; otherwise, we shall send them as 
 originally ordered. If you or your masters choose to steal 
 and destroy them, that is your affair — at all events, not om-s; 
 and if there is no law in Virginia to punish the larceny, so 
 much the worse for her and our plundered subscribers. If 
 tlio Federal Administration, whereof you are the tool, after 
 monopolizing the business of mail-carrying, sees fit to be- 
 come the accomplice and patron of mail-robbery, I suppose 
 the outrage must be borne until more honest and less ser- 
 vile rulers can be put into high places at Washington, or 
 till the people can recover their natural right to carry each 
 other's letters and printed matter, asking no odds of the 
 Guvernment. Go ahead in your own base way. I shall 
 stand steadfast for human liberty and the protection of all 
 natural rights. 
 
 Yours, stiffly, HORACE GREELEY. 
 
 THE RECENT SITPPRESSION IN NEW YORK. 
 
 1864, May 19— By order of the Secretary of 
 War, the offices of the Journal of Commerce and 
 the World — in which papers had appeared a 
 forged proclamation of the President for 400,- 
 000 troops — were seized by the military au- 
 thorities and held for several days. This led 
 to these proceedings : 
 
 / Gov. Seymour's Letter to the District Attorney. 
 
 ( State op New York, Executive Department, 
 
 Albany, May 23, 1864. 
 To A. Oakey Hail, Esq., 
 
 District Attorney of the County of New York: 
 
 Sir: I am advised that on the lUth inst., the office of The 
 Journal of G/mmerce and that of The New York World 
 were entered by armed men, the property of the owners 
 seized, and the premises held by force for several days. It 
 ia charged that these acts of violence were done without 
 due legal process, and mthout the sanction of State or 
 national laws. 
 
 If this be true the offenders must be punished. 
 
 In the month of July last, when New York was a scene 
 of violence, I gave warning that " the laws of the State 
 must be enforced, its peace and order maintained, and the 
 property of its citizens protected at every hazard." The 
 laws were enforced at a fearful cost of blood and life. 
 
 The declai'atiou I then made was not intended merely for 
 
 that occasion or against any class of men. It is one of an 
 enduring character, to be asserted at all times and against 
 all condition of citizens, without f ivor or disiinciioa. Un- 
 less all are made to bow to the law, it wiil bo redpoctod by 
 none. 
 
 Unless all are made secure in their rights of pen m and 
 property, none can bo protected. If the owners of the 
 above-named journals have violated State or national laws, 
 they must be proceeded against and punished by those laws. 
 Any action against them outside of legal i)rocedures is 
 criminal. At this time of civil war and disorder, the ma- 
 jesty of the law must bo upheld or society will sink into 
 anarchy. Oiu- soldiers in the field will battle in vain for 
 constitutional liberty if persons or property, or opinions, 
 are trampled upon at home. Wo must not give up home 
 freedom, and thus disgrace the American character wliile 
 our citizens in the army are pouring out their blood tu 
 maintain the national honor. They must not find when 
 they come back that their personal and fireside rights have 
 been despoiled. 
 
 In addition to the general obligation to enforce the laws 
 of tlie land, there are local reasons why they must bo up- 
 held in the city of New York. If they are not,its commerce 
 and greatness will be broken down. If this great center of 
 wealth, business, and enterprise is thrown into disorder and 
 bankruptcy, the National Government will bo paralyzed. 
 What makes New York the heart of our country? Why 
 are its pulsations felt at the extremities of our land? Not 
 through its position alone, hut because of tho world-wide 
 belief that property is safe within its limits from waste by 
 mobs and from spoliation by Government. 
 
 The laborers in the workshop, tho mine, and in tho field, 
 on tliis continent and in every other part of tho globe, send 
 to its merchants, for sale or exchange, tho products of their 
 toil. These merchants are made the tnisteos of the wealth 
 of millions living in every laud, liecause it is believed that 
 in their hands property is safe under tho sliield of laws ad- 
 ministered upon principle and according to known usages. 
 This great confidence has grown up in the coiu-se of many 
 years by virtue of a painstalcing, honest performance of 
 duty by the business men of your city. In this they have 
 been aided by the enforcement of laws based upon the 
 solemnly-recorded pledges that "the right of the people to 
 be secure in their persons, houses, papers, and cfi'etts 
 against unreasonable searches and seizures shall not be vio- 
 lated, and that no one shall be deprived of liberty or prop- 
 erty without duo process of law." 
 
 For more than eighty years have we as a people been 
 building up this universal faith in the sanctity nf our 
 jurisprudence. It is this which carries our commerce upon 
 every ocean and brings back to our mercliants the wea.th 
 of every clime. It is now chaiged that, in utter disregard 
 of the sensitiveness of that faith, at a moment when the 
 national credit is undergoing a fearful trial, the organs of 
 commerce are seized and held, in violation of constitutional 
 pledges, that this act was done iu a public mart of your 
 great city, and was thus forced upon the notice of the com- 
 mercial agents of the world, and they w re shown in an 
 offensive way that property is seiz-d by military force and 
 arbitrary orders. 
 
 These things are more hurtful to the national honor and 
 strength than the loss of battles. The world will couf und 
 such acts with the principles of our Government, and the 
 folly and crimes of officials will be looked upon as the 
 natural results of the spirit of our institutions. Our State 
 and local authorities must repel this ruinous inference. If 
 the merchants of New York are not willing to have their 
 harbor sealed up and their commerce paralyzed, they must 
 unite iu this demand for the security of persons and prop- 
 erty. Ifti'isisnot done, the world will withdraw from 
 their keeping its treasures and its commerce. 
 
 History has taught all that official violation of law in 
 times of civil war and disorder goes before acts of spoliation 
 and other measures which destroy the safeguards of com- 
 
 I call upon you to look into the tacts conne'-ted with tho 
 seizure of The Journal of Comma-ce and "f The New York 
 World. If these acts were illegal, the offenders m.;st be 
 punished. In making your inquiries and in prosecuting 
 the parties implicated, you will call upon the Sheriff of the 
 county and tho heads of the Police Department for any 
 needed force or nssistauce. The failure to give this by any 
 official under my control will be deemed a sufficient cause 
 for his removal. 
 
 Very respectfully yours, &c., 
 
 HORATIO SEYMOUR. 
 CHARGE OP JUDGE RUSSELL, 
 
 Of the New York Court of General Sessions, 
 June 13, to the grand jury, composed as follows • 
 Cyrus Mason, Foreman, John E. Anderson, Natlianiel W. 
 Carter, Martin L. Debifield, Mathpw Iluttrick, John J. Ihiy- 
 cr, David C. Newell, James U. Pinckuey, Wm. I'alen, Win, 
 
ADillNISTRATION OF ABRAHAM LINCOLN. 
 
 193 
 
 r-v v>n, 3. Austin Stevens, jr, Amos H. Trowbridge, Pam- 
 UlI V Beekiniin, Seabnry Brewpter, Jacob D. T. Uersey, 
 l;fnf>.l!lct Lewis, jr., WiUard Phelps, Win. T bkeff, W. M. 
 Tiiui'jon, Jolin P. Worstell, John Townsend, Juhn D. 
 Welsh,, Chris. Zabriskie, jr. 
 
 The grand jury having taken the usual oath, 
 Judg'i Kussell delivered a charge iu which he 
 thus alluded to the order for the arrest of the 
 proprietors, and for the suppvesiou of their 
 journals : 
 
 The first pjjrt of the order was never fully executed. The 
 latter part wac, and the forciljle possession maintained for 
 
 uud, it is said, has been 
 iu question have been 
 i 1 1 or blame. If this be 
 men being summarily 
 , iu the sauctity of their 
 s a violation of both the 
 
 fsimi 
 
 several days. The author of the 
 
 discovered, and the newspapi 
 
 exonerated froin all m: ; : : i . 
 
 so, this is an insu: • i i 
 
 interfered with, or '. r ; I; 
 
 persons and property. ,'i - m > : 
 
 i'ederal and State Constitutions, and it is your dxity to 
 
 examine into it. This is not a self-imposed or self-assumed 
 
 duty by this court. lUo facts were communicated to the 
 
 Executive of this State, and he addressed to the district 
 
 attorney of this county vUe communication I now read to 
 
 [The Judge then read Governor Seymour's letter.] 
 
 Acting utjou the duty this Court owes to the laws of this 
 State, which is repeated in the official document! have just 
 read to you, I beg to submit the raaiter to your caimestaud 
 most careful consideration. The Court is convinced thatyou 
 will deal with it in such a manner as becomes the dutiful 
 and loyal citizens of a dutiful and loyal State. Anything 
 political bias should be discarded. The question is 
 simply thus : Have the laws of the State, in reference to 
 the protection of person and property, been violated, and 
 it so, who are the parties who have been concerned in it? 
 No matter what their station may be, they must answer 
 fur the wrong, if there be one. If the Presi-lent of the 
 United States, or other ofiScerwho assumed to issue the or- 
 der, bad no such power or authority, those who obeyed and 
 enforced it are clearly responsible. J 
 
 For the purposes of this occasion , tEe Court instructs you 
 that such an order as has been relerred to vrould not, uuder 
 the circumstances stated, be any protection to those coa- 
 cci-ned in its execution. This will raise the question atiosa© 
 between the State and General Government in a legal way. 
 Auy attcmiit to interfere with freedom of speech or liberty 
 of the press has been regarded and watched with the great- 
 est jealousy by the constituents of our Federal and Stat© 
 Governments. These invaluable privileges are protected 
 in both the Federal and State Consiitulions. Neither Con- 
 gress nor our State Legislature can make a law abridging 
 either right. In the year 1768, the famous "Sedition law" 
 was passed by Congress, giving the Government extraor- 
 dinary power iu reference to publications calculated to 
 weaken its authority. So unpalatable was this law that it 
 was finally repealed. Two of the State Legislatures ex- 
 pressly declared against its constitutionality. At the time 
 it was passed, the Government being in a state of compara- 
 tive infancy, It ought probably to have been more favor- 
 ably regarded ; but it involved rights too dear to he trenched 
 upon or surrendered. In reference to the alleged author of 
 the spurious proclamation, you will receive evidence of the 
 fact establishing his guilt, and if you are satisfied of it, you 
 will present him for such an oflence as, under the adviceof 
 the district attorney, (to whom you are entitled to appeal 
 for advice,) may be proper. At common law, the " spread- 
 ing false news to make discord between the king and no- 
 bility, or concerning any great man of the realm," was an 
 offence against the public peace, punishable with fine and 
 imprisonment. 
 
 It may be that the elements of the common law will be 
 invoked by the district attorney in reference tothisoflender. 
 I ' reference to the parties engaged in taking and maintain- 
 ing forcible possession of the newspaper establishments, 
 the court instructs you that if there were three or more of 
 them, they would be liable as for riot, which has been de- 
 fined to be '• where three or more actually do an unlawful 
 act of violence, either with or without a common cause or 
 quarrel, or even do a lawful act, as removing a nuisance, in 
 a violent or tumultuous manner." 
 
 RESPONSE OF THE GRAND JtWY. 
 
 Resolved, That the grand inquest respectfully represent to 
 the honorable court that, in their judgment, it is inexpe- 
 dient to examine into the subject relerred to in the commu- 
 nication of the Executive of the State and the charge of the 
 court, namely : the action of the General Government as to 
 certain newspapers in this city. 
 
 CYRUS lUSOX, Foreman. 
 
 John Austin Stevens, Jr., Secretary. 
 
 lo 
 
 TUE LAWS TO BE ENFORCED. 
 
 Letkr from Oovernor Seymour to District Attorney Hall, of 
 
 New York 
 
 ExECtTnvE Chamber, 
 
 Albany, June 25. 
 A. Oakey Hall, Esq., 
 
 District Attorney of the CUyand County of New York: 
 Sm : In the matter of the seizure of the oflices of The 
 World and Journal of Commerce, the grand jury, in disre« 
 gard of their oaths, " to diligently inquire into and true 
 presentment make of all such matters uud things as should 
 be given them iu charge," have refused to make such iu- 
 quiri€S, and declare that " it is inexpedient to examine into 
 the subject referred to in the charge of the court" with re- 
 spect to such seizures. It becomes my duty, under the ex- 
 press requirements of the constitution, " to take caie that 
 the laws of the State are faithfully executed." If the grand 
 jury, in pursuance of the demands of the law and the obli- 
 gations of their oaths, had inquired into the matter given 
 them in charge by the court and the public prosecutor, their 
 decision, whatever it might have been, would have been 
 entitled to respect. As they have refused to do their duty , 
 the subjectof the seizure of these journals should at once bo 
 brought before some proper magistrate. If you wish any 
 assistance in the prosecution of these investigations, it will 
 be given to you. 
 
 As it is a matter of public interest that violations of the 
 laws of the State be punished, the views or wishes of the 
 parties immediately atfected must not be suftiared to in- 
 fluence the action of public officers. If through fear or 
 other motives they are unwilling to aid you in getting at 
 facts, it will be your duty to compel their attendance as 
 witnesses in behalf of the people. ^ 
 
 Kespectlully yom'S, 
 
 HORATIO SETIIOUR. 
 
 The newspapers give this account of further 
 proceedings : 
 
 THE ARREST OF GENERAL DIX. 
 
 The arrest of General Dix and several other ofBcers on 
 Friday, July 1, was made upon warrants issued by City 
 Judge Russell. Several persons appeared before the city 
 judge, in answer to subpoenas allowed by him, at the in- 
 stance of District Attoruey Hall, and had testified to facts 
 relating to the seizure of T/te WorU und Journal of Com- 
 merce newspapers. The letter of Governor Seynwur to the 
 district attorney, condemuiiig the grand jury for its return 
 in the case of those newspapers, and saying that " the sub- 
 ject should be brought befo-i-e some proper magistrate," is 
 said to have induced the district attorney to procure the af- 
 fidavits to be made before Russell. The district attorney 
 first niade an affidavit in the form of acomplaiut, dated 28th 
 June, ii> which ho declared that he had been informed and 
 believed that "Hon. A. Liucolu" directed "John A. Dix" 
 to do several acts against The World and Journal of Com- 
 merce, and tho editors of those journals, enumerated in the 
 complaint of the district attorney, and chaigiog that th3 
 said Dix " feloniously ordered one William Barstow" (Cap- 
 tain Barstow) toarrest the editors of the newspapers named, 
 and "mischievously ordered one Wiiliam Hays" (Acting 
 Assistant Provost Marshal General Hays) to procure the 
 closing up of the newspaper offices ; that, the arrest of Mr. 
 Hallock was prociired, and that gentleman kept for the 
 space of about three hours ; that "the said Hays instructed 
 Major Powers, who caused one Fundy" (Captain Fundy) 
 and some commissioned officers and privates, whom the 
 district attorney names, to "go armed and equipped" to 
 take possession of the Journal of Commerce office ; and that 
 the said Hays caused similar acts to be done to The World, 
 through Lieutenant Gabriel Tuthill and several other sol- 
 diers. The district attorney then charges that John A. Dix 
 and William Barstow are guilty of kidnapping, and tho 
 others, with John A. Dix, of inciting to a riot and forcibly 
 detaining property ; and the dist-ict ftHorney prays that 
 action be taken to sustain the dignity of tho State. 
 
 Judge Russell then issued subpoenas, directed to Messrs. 
 William H. Hallock, of the Journal of Commerce; David G. 
 Croly, of The World; William W. Jacobus, John S. Betts, 
 auctioneer, Daniel R. Kirwan, and Washington Hills, Jr., 
 clerk in The World office, who appeared before the judge 
 and made their several affidavits, the district attorney ex- 
 amining the witnesses. 
 
 ARREST OF GENERAL DIX BY THE SHERIFF. 
 
 In accordance with the letter of Governor Scymwur, di- 
 recting the matter of the suppressed newspapers to be 
 brought before a magistrate, Mr. A. Oakey Hall commenced 
 taking evidence and submitting testimony before Judge 
 Russell on Tuesday. Alter examining the witnesses, Judge 
 Russell came to the conclusion that it was a proper case for 
 him to issue his warrant. Accordingly warrants were placed 
 
194 
 
 ADMINISTRATION OF ABRAHAM LINCOLN. 
 
 in the hands of the sheriff, who arrested Major General Dix, 
 Major Barstow, Captain Fundy, Major PowciS. and otlicr 
 officers on guard at the offices of The World and Journal 
 of Commerce. 
 
 The military gentlemen very courteously submitted to the 
 arrest, and their counsel, E. Delafleld Smith, appeared be- 
 fore Judge Russell. Mr. Smith asked for time to examine 
 into the papers and consult with his associate, ox-Judge 
 Pierrcpont, as to the future course to be pursued by them. 
 The maitcr was then adjourned, the defendants in the mean- 
 / time being released on their own verbal recognizances. 
 
 First Session, Thirty-EightLi Congress. 
 IN SENATE. 
 
 1864, May 26 — Mr. Powell offered this res- 
 olution, which went over : 
 
 ResolMd, That the conduct of the executive authority of 
 this GovLinment, in recently closing the ofBces and sup- 
 pressing tlie publication of The World and Journal of Com- 
 merce, newspapers in the city of New York, under circum- 
 Btancus which have been placed before the public, was an 
 act unwan-anted in itself, dangerous to the cause of the 
 Union, in violation of tho Constitution, and subversive of 
 the princijilea of civil liberty, and as such is hereby cen- 
 sured by the Senate. 
 
 IN HOUSE. 
 ( May 23 — Mr. Grinnell asked consent to offer 
 this resolution, but it was objected to: 
 
 Sesolvrd, That the President be requested to communi- 
 cate to this House whether, by any order of the Govern- 
 ment, or by any officer thereof. The World and Journal of 
 Commerce, newspapers in the city of New York, were sus- 
 pended from being published ; and if so, that said order bo 
 communicated to this House, and the proceedings in the 
 execution of that order. 
 
 May 23 — Mr. Pruyn asked consent, on behalf 
 of a portion of the New York delegation, to offer 
 this resolution: 
 
 Resolved, That the conduct of the executive authority of 
 the Government in recently closing the offices and sup- 
 pressing the publication of Ike World and Journal of Com- 
 
 merce, newspapers in the city of New York, undef ircum- 
 stances which have been placed before the public, was an 
 act unwarranted in itiself, dangerous to the causti of the 
 Union, in violation of the Constitution, and subvereive of 
 the principles of civil liberty, and as such is hereby Cfflosured 
 by this House. 
 
 Several members objected. At a later hour 
 he moved a suspension of the rules for thr pur- 
 pose of offering it, but this motion waS reject- 
 ed — yeas 54, nays 79, as follows : 
 
 Yeas — Messrs. James C. Allen, Augustus C. Baldiinn, Bliss, 
 Brooks, James S. Brown, Clianler, Coffroth, Cox, Benuson, 
 Dcnison, Eden, Edgerton, Eldridge, Finclc, Grider, Harding, 
 Charles M. Harris, Herrick,Holman,Hutchins, Philip John- 
 son, William Johnson, Kalbfleisch, Keman, King, Knapp, 
 Law, Lazear, Mallory, Marcy, McAllister, McDowell, WiUian 
 H. Miller, Morrison, Kelson, Nohle, John O'JVeill, Pendleton, 
 Pruyn, Radford, Samuel J. Randall, Robinson, James S. Rol- 
 lins, Ross, Scott, John B. Steele, William G. Steele, Strcuse, 
 Voorhees, Wadsworth, Ward, Wlieeler, Joseph W. White, 
 Fernando Wood—5i. 
 
 Nays — Messrs. Alley, Ames, Arnold, John D. Baldtrtn, 
 Baxter, Beaman, Jacob B. Blair, Blow, Boutwell, Boyd, 
 Broomall, William G. Brown, Ambrose W. Clark, Freeman 
 Clarke, Cobb, Cole, Creswell, Henry Winter Davis, Thomas 
 T. Davis, Dawes, Doming, Dixon, Donnelly, Driggs, Eckley, 
 Eliot, Ru-nsworth, Garfield, Gooch, Grinnell, Higby, Hooper, 
 Hotchkiss, Asahel W. Hubbard, Ingersoll, Jcuckes, Julian, 
 Kelley, Francis W. Kellogg, Loan, Lougyear, Marvin, Mc- 
 Bride, McCliu-g, Samuel F. Miller, Moorhead, Morrill, Amos 
 Myers, Leonard Myers, Charles O'Neill, Orth, Patterson, 
 Perham, Pike, Pomeroy, Price, William H. Randall, John 
 H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, 
 Sloan, Smith, Smithers, Spalding, Stevens, Thayer, Thomas, 
 Upson, Elihu B. Washburne, William B. Washburn, Web- 
 ster, WTialey, WUUams, Wilder, Wilson, Windom, SVood- 
 bridge — 79. 
 
 *'^ame day, Mr. Arnold offered this resolution, 
 which was adopted: 
 
 Resolved, That the Committee on the Judiciary be in- 
 structed to inquire and report what, if any, additional legis- 
 lation may be necessary to punish the forgery and publica- 
 tion of official documents, and what legislation is necesearf 
 ^0 punish those who through the press or otherwise give ir ■ 
 formation, aid, or comfort to the rebels. 
 
CONFISCATION AND EMANCIPATION. 
 
 CONFISCATION. 
 
 First Session, Thirty-Seventh Congress. 
 
 1861, August 6 —A bill was approved, of 
 which these ai-e the first and fourth sections : 
 
 That if, during tlie present or any future insurrection 
 against the Government of the United States, after the 
 President of the United States shall have declared, by 
 prochimation, that the. laws of the United States are op- 
 posed, and the e.vecution thereof obstructed, by combina- 
 tions too powerful to be suppressed by the ordinary course 
 of judicial proceedings, or by the power vested in the mar- 
 shals 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 tne laws, or any persons en- 
 gaged 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 con- 
 demned. 
 
 Sec. 4. That whenever hereafter, during the present in- 
 surrection against th,e 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 per- 
 son to whom such labor of service is claimed to be due, or 
 by the lawful agent of such person, to take up ai-ms 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 lavrful agent, to work or to be employed in or upon 
 any fort, navy-yard, dock, armory, ship, entrenchment, or 
 in any military or naval service whatsoever, against the 
 Government and lawful authority of the United States, 
 then, and in every euch case, the person to whom such la- 
 bor 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 conti-ary notwithstanding. And whenever thereafter 
 the person claiming such labor or service shall seek to en- 
 force his claim, itshall be a full and sufficient answer to such 
 claim that the person whose sernce or labor is claimed had 
 been employed in hostile service against the Government of 
 the United States, contrary to the provisions of this act. 
 
 This bill, as reported from the Judiciary Com- 
 mittee of the Senate, did not contain the fourth 
 section, and while it was pending in the Senate 
 Mr. Trumbull moved to add this as a new sec- 
 tion July 22 : 
 
 That whenever any person claiming to be entitled to the 
 service or labor of any other person under the laws of any 
 State, shall employ such person in aiding or promoting any 
 insurrection, or in resisting the laws of the United States, 
 or shall permit him to be so employed, he shall forfeit all 
 right to such service or labor, and the person whose labor 
 or service is thus claimed shall bo thenceforth discharged 
 therefrom, any law to the contrary rolwithstanding. 
 
 Which was agreed to — yeas 33, nays G, as 
 follows : 
 
 Yeas — Messrs. Anthony, Bingham, Browning, Chandler, 
 Clark, Collamer, Cowan, Di.Kon, Doolittle, Kessenden. I'oot, 
 Poster, Grimes, Hale, ll'irlai), Harris, Howe. Johnson uf Ten- 
 
 nessee, King, Lane of Kansas, McDougall, Morrill, Nesmith, 
 IVmieroy, Sherman, Simmons, Sumner, Ten Eyck, Trum- 
 bull, Wade, Wilkinson, Wilraot, Wilson— 33. 
 
 Nats— Messrs. Brcclcinridge, Johnson of Missouri, Kenne- 
 di/, Bearce, Polk, Powellr—6. 
 
 The bill then passed without a division. 
 IN HOUSE. 
 
 August 2 — The House Committee on the Ju- 
 dicia y reported a substitute for the bill, which 
 provides that whenever hereafter, during the 
 existence of the present insurrection against the 
 Government of the United States, any person 
 held to labor or service under the laws of any 
 State shall be required or permitted, by the 
 person to whom such labor or service is due, or 
 his le.:al agent, to take up arms against the 
 United States, or to work, or be employed in or 
 about any fort, navy-yard, armory, dock-yard, 
 ship, or in any military or naval service, against 
 the Government of the United States, or as the 
 servant of any person engaged in active hos- 
 tilities against the United States, then the per- 
 son to whom such labor is due shall forfeit all 
 claim to such service or labor, any law of any 
 State, or of the United States, to the contrary 
 notwithstanding; and, in case of a claim for 
 such labor, such facts shall be a full and sufiS- 
 cient answer. 
 
 Which was rejected without a division ; 
 when, after debate, the bill was recommitted 
 to the committee. 
 
 August 3— The committee reported the Sen- 
 ate bill with a substitute for section four, 
 adopted above in the Senate, being the fourth 
 section of the act as approved. 
 
 A motion to table the bill was lost — yeas 47, 
 nays 66 ; and the amendment was agreed to, 
 and the bill passed — yeas 61, nays 48, as fol- 
 lows : 
 
 Yeas— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. 
 Blair, Blake, Buffiut.,n. Chnml.-rlnin, Clark, Colfax, Fred- 
 erick A. Conklinir, C.v. -I ■. Di: ;i, IMwirl-. Kliot, Fenton, 
 Fessenden, Franihut. 
 Harrison, Ilutchins. . 
 William Kcllo-- I. . 
 MitchoU, Justin ^^.:\^'■ 
 Edward H.RoIliti-, ,< .1 
 man, Sloan, SpauMin j. 
 Thomas, Train, Vun li: 
 E. P. Wallon, Win 
 
 Hanchett, 
 
 ; .. I ,/W. Kellogg, 
 
 1 I. , I 'V. McKean, 
 
 ' ! r, AI,-Xiu"..l.TlI.Ric^ 
 
 /'/, ShellalierKer, Sher- 
 
 .^ , Stevens, Benjamin F. 
 
 11 ,\V;i llace. Charles W.Wal- 
 
 „, _ ^ . Mburt S. White, Windom— 61. 
 
 Nats— Messrs. Allen, Aiicona, Joseph Bail;/. George H. 
 
 Browne, Burnett, Calvert, Cox, Cravens, Crisjield, CrUteiv- 
 
 den, Diven, imnlap, Dunn, Enrilish, Fouke, Gndrr, UaigM, 
 
 Hale, Harding, Holman, llurton, Jackson. Johnson, Law, 
 
 105 
 
196 
 
 CONFISCATION. 
 
 May, McClemand, McPherson, Mallory, Memies, Morris, 
 JS'ohle, A'orton, Oiletl, Pendleton, Porter, Jieid, hobinson, 
 James S. Rollins, S/iiel, Smith, John B. Steele, Stratton, 
 Francis Thomas, VaU.andigham, Voorhees, Wadsworth, 
 Webster, Wichliffe-AS. 
 
 August 5 — The Senate concurred in the 
 amendment of the House — yeas 24, nays 11, 
 Hs follows: 
 
 Yeas — Messrs. Anthony, Bingham, Browning, Clark, Col- 
 lamer, Dixon, Doolittle, Fessonden, Foot, Foster, Grimes, 
 Hale, Harris, King, Lane of Indiana, Lane of Kansas, Mc- 
 Dougall, Sherman, Simmons, Sumuer, Ten Eyck, Trumbull, 
 •\Vadef Wilson— 24. 
 
 Nays — Messrs. Breckinridge, Bright, Carlile. Cowan, Johrv- 
 son of Missouii, Latham, Feurce, Folk, Powell, Rice, Saids- 
 bury— 11. 
 
 Second Session, Thirty-Seventh Congress. 
 
 1862, July 17 — A bill was approved to " sup- 
 press insurrection, to punish treason and re- 
 bellion, to seize and confiscate the property of 
 rebels, and for other purposes," which con- 
 tains these provisions : 
 
 That every person who shall hereafter com- 
 mit the crime of treason against the United 
 States, and shall be adjudged guilty, shall suf- 
 fer death, or be imprisoned not less than iive 
 years and fined not less than §10,000, (the fine 
 to be levied on all property excluding slaves,) 
 and all his slaves, if any, shall be declared and 
 made free. 
 
 That if any person shall hereafter incite, set 
 on foot, assist, or engage in any rebellion or 
 insurrection against the authority of the United 
 States, or the laws thereof, or shall give aid or 
 comfort thereto, or shall engage in, or give aid 
 and comfort to, any such existing rebellion or 
 insurrection, and be convicted thereof, such 
 person shall be punished by imprisonment for 
 a period not exceeding ten years, or by a fine 
 not exceeding ten thousand dollars, and by the 
 liberation of all his slaves, if any he have ; or 
 by both of said punishments, at the discretion 
 of the court. 
 
 That every person guilty of either of the of- 
 fences described in this act shall be forever 
 incapable and disqualified to hold any office 
 under the United States. 
 
 That this act shall not be construed in any 
 way to affect or alter the prosecution, convic- 
 tion, or punishment of any person or persons 
 guilty of treason against the United States be- 
 fore the passage of this act, unless such person 
 is convicted under this act. 
 
 That, to insure the speedy termination of 
 the present rebellion, it shall be the duty of the 
 President of the United States to cause the 
 sei7Aire of all the estate and property, money, 
 stocks, credits, and effects of the persons herein- 
 after named in this section, and to apply and 
 use the same and the proceeds thereof for the 
 support of the army of the United States, that 
 is to say : 
 
 First. Of any person hereafter acting as an 
 officer of the army or navy of the rebels in 
 arras against the Government of the United 
 States. 
 
 i^econdhj. Of any person hereafter acting as 
 President, Vice President, member of Congress, 
 judge of any court, cabinet officer, foreign 
 minister, commissioner or consul of the so- 
 called Confederate States of America. 
 
 Thirdly. Of any person acting as Governor 
 
 of a State, member of a convention or legisla 
 ture, or judge of any court of any of the so- 
 called Confederate States of America. 
 
 Fourthly. Of any person who, having held 
 an office of honor, trust, or profit in the United 
 States, shall hereafter hold an office in the so- 
 called Confederate States of America. 
 
 Fifthly. Of any person hereafter holding any 
 office or agency under the Government of ihe 
 so-called Confederate States of America, or 
 under any of the several States of the said Con- 
 federacy, or the laws thereof, whether such 
 ofiBce or agency be national, State, or municipal 
 in its name or character: Provided, That the 
 persons, thirdly, fourthly, and fifthly above de- 
 scribed, shall have accepted their appointment 
 or election since the date of the pretended or- 
 dinance of secession of the State, or shall have 
 taken an oath of allegiance to, or to support 
 the Constitution of the so-called Confederate 
 States. 
 
 Sixthly. Of any person who, owning property 
 in any loyal State or Territory of the United 
 States, or in the District of Columbia, shall 
 hereafter assist and give aid and comfort to such 
 rebellion ; and all sales, transfers, or convey- 
 ances of any such property shall be null and 
 void ; and it shall be a suSicient bar to any suit 
 brought by such person for the possession or 
 the use of such property, or any of it, to allege 
 and prove that he is one of the persons described 
 in this section. 
 
 That if any other persons in armed rebellion, 
 or abetting it, shall not, within sixty days after 
 proclamation to be made, return to their alle- 
 giance, all their estate and property shall be 
 liable to seizure, and it shall be the duty of i] e 
 President to seize and use them as aforesaid. 
 
 To secure condemnation and sale of such 
 property, ^proceedings in rem shall be instituted 
 in the name of the United States in any district 
 or territorial court thereof within which the 
 property may be found, &c. 
 
 That all slaves of persons who shall hereafter 
 be engaged in rebellion against the Government 
 of the United States, or who shall in any way 
 give aid or comfort thereto, escaping from such 
 persons and taking refuge within the lines of 
 the army; and all slaves captured from such 
 persons or deserted by them and coming under 
 the control of the Government of the United 
 States ; and all slaves of such persons found on 
 [or] being within any place occupied by rebel 
 forces and afterwards occupied by the forces of 
 the United States, shall be deemed captives of 
 war, and shall be forever free of their servitude 
 and not again held as slaves. 
 
 That no slave escaping into any State, Terri- 
 toi-y, or the District of Columbia, from any 
 other State, shall be delivered up, or in any 
 way impeded or hindered of his libei-ty, except 
 for crime or some oftence against the laws, un- 
 less the person claiming said fugitive shall first 
 make oath that the person to whom the labor 
 or service of such fugitive is alleged to be due 
 is his lawful owner, and has not borne arms 
 against the United States in the present rebel- 
 lion, nor in any way given aid and comfort 
 thereto ; and no person engaged in the military 
 or naval service of the United States shall, 
 
CONFISCATION. 
 
 197 
 
 under any pretence whatever, assume to decide 
 on the validity of the claim of any person to 
 the service or labor of any other person, or sur- 
 render up any such person to the claimant, on 
 pain of being dismissed from the service. 
 
 That the President of the United States is 
 authorized to employ as many persons of Afri- 
 can descent as he may deem necessary and 
 proper for the suppression of this rebellion, and 
 for this purpose he may oi-ganize and use them 
 in such manner as he may judge best for the 
 public welfare. 
 
 That the President of the United States is 
 hereby authorized to make provision for the 
 transportation, colonization, and settlement, in 
 some tropical country beyond the limits of the 
 United States, of such persons of the African 
 race made free by the provisions of this act as 
 may be willing to emigrate, having first ob- 
 tained the consent of the Government of said 
 country to their protection and settlement 
 within the same, with all the rights and privi- 
 leges of freemen. 
 
 That the President is hereby authorized, at 
 any time hereafter, by proclamation, to extend 
 to persons who may have participated in the 
 pxisting rebellion in any State or part thereof, 
 pardon and amnesty, with such exceptions and 
 at such time and on such conditions as be may 
 deem expedient for the public welfare. 
 
 Same day — This joint resolution was ap- 
 proved : 
 
 That the provisions of the third clause of the fifth section 
 of "An act to suppress insurrection, to punish treason and 
 rebellion, to seize and confiscate the property of rebels, and 
 for other purposes," shall be so construed as not to apply to 
 any act or acts done prior to tho passage thereof; nor to in- 
 clude any member of a State Legislature, or judge of any 
 State court, who has not in accepting or entering upon his 
 office, taken an oath to support the Constitution of the so- 
 called Confederate States of America ; nor shall any punish- 
 ment or proceedings under said act be so construed as to 
 work a forfeiture of the real estate of the offender beyond 
 his natural life. 
 
 VOTE ON THE BILL. 
 
 July 11 — The bill, being the report of a com- 
 mittee of conference, passed the House — yeas 
 82, nays 42, as follows: 
 
 Yeas— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baxter, Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, 
 Blake, BufSnton, Campbell, Casey, Clark, Colfax, Frederick 
 A. Conkling, RoscoeConkIing,Covode, Cutler, Davis, Dawes, 
 Duell, Dunn, Edwards, Eliot, Ely, Fontnn. F("!=)r>ndnn, Fisher, 
 Frank, Gooch, Goodwin, Gurlev, ILiI", ITn-nur, llutchins, 
 Julian, Kelley, Francis W. Kello--, \V iUi^iMi K. Ilo-- Lan- 
 sing, Loomis, Lovejoy, Low, McKni^lit, J[rl'liiT>un, May- 
 nard, Mitchell, Moorhead, Anson P. Morrill, Justin S. Mor- 
 rill, Nixon, Patton, Timothy O.Phelps, Pike, Porter, Potter, 
 Alexander II. Rice, John H. Rice, Riddle, Edward H. Rol- 
 lins, Sargent, Sedgwick, Shanks, Shellabarger, Sherman, 
 Stevens, Stnittou, Trimble, Trowbridge, Van Horn, Verree, 
 Wall, WMIar,., Wullon, Washbume, Wheeler, Albert S. 
 Wlnte, Wils.,11, Will,!. .111, Worcester— 82. 
 
 Nay.s — Misers. WiHoim Allen, William J. Allen, Ancona, 
 Bai'ij, CidcUc, George II. JSrojwTie, Clements, Cnbh, Cox, Cris- 
 fie'd, Crittnukn, Dunlap, Fouke, Granger, Grider, Haight, 
 Hall, Harding, Ilolman, Kerrigan, Knapp, Law, Lazear, 
 Zichman, MaVorij, Menzies, Morris, Nugen, Odell, Pendleton, 
 James S. Kollin.'s, Segar, Sliiel, John B. Steele, William G. 
 Steele. Stiles, Benjamin F. Thomas, Francis Thomas, Ward, 
 Webster, Wickliffe, Woodr-42. 
 
 July 12 — The bill passed the Senate — yeas 
 28, nays 13, as follows: 
 
 Yeas — Messrs. Anthony, Chandler, Clark, Doolittle, Fes- 
 Bfnd'Mi, Foot, Flitter, Grimes, Hale, Harlan, Harris, Howard, 
 llnwc, |{iiiu-, I.;ino of Indiana, Lane of Kansiis, Morrill, 
 P^miroy, !-;|i.vnian, Simmons, Sumner, Ten Eyck, Tnim- 
 Imii, \\m\i; Wilkinson, Wilmot, Wilson of Mafisachusetts, 
 WH(iht—li. 
 
 Nats — Messrs. Bayard, Browning, Carlile, Cowan, Davis, 
 Henderson, Kenned)/, McDougall, Powell, Saulsburi/, Stark^ 
 Willey, Wilson of Missouri— 13. 
 
 THE JOINT RESOLUTION. 
 
 July 15 — Mr. Maynard, on a suspension of 
 the rules, (yeas 68, nays 33,) introduced the 
 joint resolution, which is the same as the above, 
 omitting the last clause, and which passed the 
 House without a division. 
 
 July IG — In Senate, 
 
 Mr. Clark moved to add the last clause. 
 
 Mr. Powell moved to strike out the word 
 " real" ; which was rejected — yeas 6, nays 31, 
 as follows : 
 
 Yeas — Messrs. Davis, Henderson, Powell, Saulsburi/, 
 Stark, Wilson of Missouri — 6. 
 
 Nays — Messrs. Anthony, Browning, Chandler, Clark, 
 Cowan, DooUttle, Fessenden, Foot, Foster, Grimes, Ilale, 
 Harlan, Harris, Howard, Howe, King, Lane of Indiana, 
 Lane of Kansas, McDougall, Morrill, Pomeroy, Sherman, 
 Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, 
 Wilmot, Wilson of Massachusetts, Wright — 31. 
 
 The amendment of Mr. Clark was agreed 
 to — yeas 25, nays 15, as follows: 
 
 Yeas— Messrs. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Cowan, Doolittle, Fessenden, Foot, Foster, Hale, 
 Harris, Henderson, Howard, Howe, Lane of Kansas, Mor- 
 rill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Wil- 
 ley, Wilson of Massachusetts, Wright — 25. 
 
 Nays — Messrs. Carlile, Davis, Grimes, Harlan, Kennedy, 
 King, Lane of Indiana, Powell, Saulsbury, Stark, Trumbull, 
 Wade, Wilkinson, Wilmot, Wilson of Missouri — 15. 
 
 July 17 — The President sent this message 
 to Congress : 
 Fellow-Citizens of the Senate and 
 
 House of Representatives : 
 
 Considering the bill for " An act to suppress 
 insurrection, to punish treason and rebellion, 
 to seize and confiscate the property of rebels, 
 and for other purposes," and the joint resolu- 
 tion explanatory of said act, as being substan- 
 tially one, I have approved and signed both. 
 
 Before I was informed of the resolution, I 
 had prepared the draft of a message, stating 
 objections to the bill becoming a law, a copy 
 of which draft is herewith submitted. 
 
 ABRAHAM LINCOLN. 
 
 Juhj 12, 1862. 
 
 [Copy.] 
 FeTUno-Citizens of the House of Representatives : 
 
 I herewith return to your honorable body, in which it 
 originated, the bill forau act entitled " Au act to suppress 
 treason and rebellion, to - ize and confiscate the property 
 of rebels, and for other purposes," together with my objec- 
 tions to its becoming a law. 
 
 There is much in the bill to which I perceive no objec- 
 tion. It is wholly prospective ; and it touches neither 
 person or property of any loyal citizen, in which particular 
 it is just and proper. 
 
 The first and second sections provide for the conviction 
 and punishment of persons who shall be guilty of treason, 
 and persons who shall " incite, set on foot, assist, or engage 
 in any rebellion or insurrection against the authority of 
 the United States, or the laws thereof, or shail give aid or 
 comfort thereto, or shall engage in or give aid and comfort 
 to any such existing rebellion or insurrection."' By fair 
 construction, persons within those sections are not punished 
 without regular trials in duly constituted courts under the 
 forms and all the substantial provisions of law and the 
 Constitution applicable to their several cases. To this I 
 perceive no objection ; especially as such persons would be 
 within the general pardoning power, and also the special 
 provision lor pardon and amnesty contained in this .ict. 
 
 It is also provided that the slaves of persons convicted 
 under these sections shall be free. I think there is an un- 
 fortunate form of expression, rather than a substantial ob- 
 jection, in this. It is startling to say that Congress can free 
 a slave within a State, and yet if it were said the ownership 
 of the slave had first been transferred to the nation, and 
 Congress had then liberated him, the difficulty would at 
 once v.anish. And this is the real case. The traitor against 
 the General Government forfeits his slave at least as justly 
 
198 
 
 CONFISCATION. 
 
 as ho does any other property ; and he forfeits both to the 
 Government against which he offends. The Government, so 
 far as there can be ownership, thus owns the forfeited slaves, 
 and the question for Congress in regard to them is, " shall 
 they be made free or sold to new masters 1" I perceive no 
 objection to Congress deciding in advance that they shall 
 be free. lo the high honor of Kentucky, as I am informed, 
 she is the owner of some slaves by escheat, and has sold none, 
 liut liberated all. I hope the same is true of some other 
 - -i. Indeed, I do not believe it will be physically possible 
 lie General Government to return persons so circum- 
 1 to actual slavery. I believe there would be physical 
 I ; iiiice to it, which could neither bo turaed aside by ar- 
 giiiuent hor driven away by force. In this view I have no 
 oLriection to this feature of the bill. Another matter in- 
 volved in these two sections and running through other 
 parts of the act will be noticed hereafter. 
 
 I perceive no objections to the tiiird and fourth- sec- 
 tions. 
 
 So far as I wish to notice the fifth and sixth sections, they 
 may be considered together. That the enforcement of these 
 eections would do no injustice to the persons embraced 
 within them is clear. That those who make a causeless war 
 should be compelled to pay the cost of it is too obviously 
 just to be called in question. To give governmental protec- 
 tion to the property of persons who have abandoned it and 
 gone on a crusade to overthrow that same Government is 
 absurd, if considered in the mere light of justice. The se- 
 verest justice may not always bo the best policy. The prin- 
 ciple of seizing and appropriating the property of the person 
 embraced within these sections is certainly not very objec- 
 tionable, but a justly discriminating application of it would 
 
 be very > 
 would it not lii-wi^cin 
 where.sothat tli' >'_■ ii.i> 
 to lose by persisting uml 
 am not sure wbt-ther si 
 within section thirteen, 
 gross, I think our militar.^ 
 
 it extent impossible. And 
 il i'<' a power of remission some- 
 i IS may know they have something 
 ' iineUiiug to gain by desisting? I 
 ;li power of remission is or is not 
 \\ ithout any special act of Con- 
 commanders, when, in militai-y 
 phrasfe, "they are within the enemy's country," should, in 
 an orderly manner, seize and use whatever of real or per- 
 sonal property may be necessary or convenient for their 
 commands ; at the same time preserving, in some way, the 
 evidence of what they do. 
 
 What I have said in regard to slaves while commenting 
 on the first and second sections is appplicable to the ninth, 
 with the difference that no provision is made in the whole 
 act for determining whether a particular individual slave 
 does or does not foil within the classes defined in that sec- 
 tion. He is to be free upon certain conditions ; but whether 
 those conditions do or do not pertain to him, no mode of 
 ascertaining is provided. This could be easily supplied. 
 
 To the tenth section I make no objection. The oath 
 therein required seems to be proper, and the remainder of 
 the section is substantially identical with a law already 
 existing. 
 
 The eleventh section simply assumes to confer discre- 
 tionary power upon the Executive. AVithout the law, I 
 have no hesitation to go as iar in the direction indicated as 
 I may at any time deem expedient. And I am ready to say 
 now, I think it is proper lor our military commanders to 
 omploy, as laborers, as many persona of African descent as 
 ;an be used to advantage. 
 
 The twelfth and thirteenth sections are something better 
 than objectionable; and the fourteenth is entirely proper, 
 if all other parts of the act shall stand. 
 
 That to which I chiefly object pervades most part of the 
 act, but more distinctly appears in the first, second, seventli 
 and eighth sections. It is the sum of those provisions which 
 results in the divesting of titln forever. 
 
 For the causes of trciiMin ;inil insi'odients of treason, not 
 amountingto the full ciiiiir, it il.clares forfeiture extending 
 beyond the lives of the -^iuWy p;u lie.i ; whereas the Consti- 
 tution of the United Stated Ui;claies that "no attainder of 
 treason shall work corruption of blood, or forfeiture except 
 during the life of the person attainted." True, there ia to 
 be no formal attainder in this case ; still, I think the greater 
 punishment cannot be constitutionally inflicted, in a differ- 
 ent form, for the same offence. 
 
 With great respect I am constrained to say I think this 
 feature of the act is unconstitutional. It would not be 
 difficult to modify it. 
 
 I may remark that the provision of the Constitutior , put 
 in language borrowed from Great Britain, applies only in 
 this country, as I understand, to real or landed estate. 
 
 Again, this act, ire 7-em, forfeits property for the ingredi- 
 ents of treason without a conviction of the supposed crim- 
 inal, or a personal hearing given him in any proceeding. 
 That we may not touch property lying within our reach 
 because we cannot give personal notice to an owner who 
 is absent endeavoring to destroy the Government is cer- 
 tainly satisfoctory. Still, the owner may not be thus en- 
 gaged ; and I think a reasonLiblo time should be provided 
 for Buch parties to appear and have personal hearings. Sim- 
 
 ilar provisions are not uncommon in connection with pro- 
 ceedings in rem. 
 
 For the reasons stated, I return the bill to the House in 
 which it originated. 
 
 Other Proceedings. 
 IN HOUSE. 
 
 1862, May 14 — The Select Committee consist- 
 ing of Messrs. Eliot of Mass., Sedgwick of New 
 Yorli, Noell of Missouri, Ilutcliins of Olaio, Mal- 
 lory of Kentuclvy, Bcaman of Michigan, and 
 Cobb of New Jersey, reported two bills — one "to 
 confiscate the property of rebels for the pay- 
 ment of the expenses of the present rebellion, 
 and for other purposes;" and the other "to 
 free from servitude the slaves of rebels engaged 
 in or abetting the existing rebellion against the 
 Government of the United States." 
 
 The former bill was first considered. It 
 provided " that all the estate and property, 
 money, stocks, credits, and effects of the persons 
 hereafter named in this section, are hereby 
 forfeited to the Government of the United States, 
 and are declared lawful subjects of seizure and 
 of prize and capture wherever found, for the in- 
 demnity of the United States against the ex- 
 penses of suppressing the present rebellion." 
 
 The classes are substantially as stated in the 
 act, and the provisions of the bill are, in large 
 part, those of the act. 
 
 Pending its consideration, 
 
 May 26 — Mr. Roscoe Conkling moved the 
 addition of the proviso to the fifth clause of 
 the fifth section, which was agreed to — yeas 
 100, nays 50 — as follows : 
 
 Yeas— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Ba- 
 ker, Baxter, Beaman, Francis P. Blair, Jacob B. Blair, Samuel 
 S. Blair, Blake, William G. Brown, Buffinton, Campbell, 
 Chamberlain, Clark, Clements, Colfox, Frederick A. Conlding, 
 Roscoe Conkling, Cutler, Davis, Dawes, Delano, Duell, Dunn, 
 Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Fish'", 
 Frank, Gooch, Goodwin, Granger, Gurley, Uanchott, Hai U- 
 son, Hickman, Hooper, Horton, Hutchins, Julian, Kellcy, 
 Francis W. Kellogg, William Kellogg, Killinger, Lansiiig, 
 Loomis, Lovejoy, IMcKnight, McPherson, JMitchell, Moor- 
 head, Anson P. Morrill, Justin S. Morrill, Nixon, A^oell, lin, 
 Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, 
 Price, Alexander II. Rice, John II. Rice, Riddle, Edward H. 
 Rollins, Sargent, Sedgwick, Shanks, Skeflkld, Sloan, Hi lith, 
 Spaulding, Stevens, Stratton, Benjamin F. Thomas, F, uncia 
 Thomas, Train, Trimble, Trowbridge, Van Horn, Van A'al- 
 kenburgh, VeiTee, Wall, Wallace, E. P. Walton, Washburne, 
 Wheeler, Whaley, Albert S. White, Wilson, Windom, Wor- 
 cester — 100. 
 
 Nats— Messrs. Allen, Ancona, Bailij, Biddle, George H. 
 Browne, Calvert, Cobb, Corning, Cox, Cravens, Crisfield, 
 Crittenden, Dunlap, English, Grider, Haight, Hall, Harding, 
 Holman, Johnson, Kerrigan, Knapp, Law, Lazear, Leary, 
 Lehman, Mallory, Maynard, Mcnzies, Noble, Norton, Nugen, 
 Odell, Pendleton, Perry, John S. Phelps, Richardson, Eob- 
 inson, James S. Rollins, Shiel, John B. Steele, William G. 
 Steele, Vallandigham, Vom-hecs, Wadsworth, TFard, Webster, 
 Wickliffe, Wood, Woodruff— 50. 
 
 Mr. Maynard submitted a substitute, defining 
 the offence of treason and aflaxing the penalty 
 of death by hanging; "and if the ofl'ender 
 shall theretofore have held any office under 
 the Government of the United States, of honor 
 or profit, whether military, naval, or civil, he 
 shall be adjudged in a fine at least equal to the 
 proven value of his entire estate." It also 
 defines misprision of treason, and affixes the 
 pu'^^ishment of confinement at hard labor for 
 not less than five years and a fine equal to his 
 or her entire estate. It makes other offences, 
 described, high misdemeanors, punishable, on 
 conviction, with fine not less than SlOO, and 
 
CONFISCATION. 
 
 199 
 
 imprisonment not less than fifty days. Tt pro- 
 viili'S for trying persons charged with the de- 
 scribed otfences upon the presentment or the 
 indictment of a grand jury in any of the cir- 
 cuit or district courts within the judicial dis- 
 trict in which the crimes shall be alleged to 
 have been committed, or authorizes a writ of 
 cnpias to the marshals of the districts, to be 
 furnished, on application to the President, with 
 suflBcieut military force to execute the writ. 
 An oath is prescribed for all officials, jurors, 
 &c., and the President is authorized to grant an 
 amnesty to all offenders within the act, except 
 those who, having held office under the United 
 States, have at any time engaged in rebellion 
 and held ofBce. 
 
 This was rejected — ^yeas 9, (Messrs. J. B. 
 Blair, Clements, Diven, Fisher, Harrison, Hor- 
 ton, Lazear, Maynard, Mitchell.) nays 140. 
 
 Mr Morrill, of Vermont, offered a substi- 
 stute whose principal difference was the omis- 
 sion of this the second section of the reported 
 bill : 
 
 That if any person witliin any State or Territory of the 
 United States, other than those named as the aforesaid, after 
 the passage of this act, being engaged in armed rebellion 
 against the Government of the United States, or aiding or 
 abetting such rebellion, shall not, within sixty days after 
 public warning and proclamation duly given and made by 
 the President of the United States, cease to aid, countenance, 
 and abet such rebellion, and return to his allegiance to the 
 United States, all the estate and propertj', moneys, stocks, 
 and credits of such person are hereby forfetted thereafter- 
 wards to the Government of the United States, and the 
 same are declared la^vful subjects of seizure and of prize 
 and capture wherever found; and the President of the 
 United States shall cause the same to be seized, to tha end 
 that they may be oonfiscated and condemned, as hereinafter 
 provided, to the use of the United States ; and all sales, 
 transfers, or conveyances, of any such property after the 
 expiration of the said sixty days from the date of such 
 warning and proclamation shall be null and void; and it 
 shall be a sufficient bar to any suit brought by such person 
 for the possession or the use of such property, or any of it, 
 to allege and prove that he is one of the persons described 
 in this section. 
 
 A.nd this addition : 
 
 That every person guilty of the acts described in the first 
 section shall, in adiUtion to the forfeitures, be incapable of 
 voting for President or Vice President, and not be an elector 
 of the United States, and disqualified from holding the 
 ofiice of President or Vice President, or holding any office 
 by appointment from the President. 
 
 The substitute was rejected — yeas ^5, nays 
 122. The Yeas were: 
 
 Messrs. Baxter, Jacob B. Blair, W. G. Brown, Roscoe Conk- 
 ling, Diven, Dunn, Fisher, Goodwin, HaigJd, WiWiani Kel- 
 logg, Killinger, McKuight, MuPhorson, Maynard, Mitchell, 
 Jloorhe.id, Justin S.Morrill, Nixon, TiniothvG. Phelps, Por- 
 ter, SlteJJicM, Strattou, Trimble, E. P. "Waltoii, Worcester— i2.j. 
 
 The bill reported by the committee was then 
 passed — yeas 82, nays G8, as follows: 
 
 YeaS — Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baker, Baxter, Beaman, Francis P. Blair, Samuel S. Blair, 
 Blake, William G. Bro>vn, BuiEnton, Campbell, Chamber- 
 lain, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling, 
 Cutler, Davis, Duell, Dunn, Edgerton, Edwards, Eliot. Ely, 
 Fenton, Fessenden, Frank, Gooch, Goodwin, Gurley, Hick- 
 man, Ilooper, Hutchins, Julian, Kclley, Francis W. Kellogg, 
 William Kellogg, Killinger, Lansing, Loomis, Lovejoy, 
 McKnight, McPherson, Mitchell, Moorhead, Anson P. Mor- 
 rill, Justin S. Monill, JVoell, Olin, Patton, Pike, Pomeroy, 
 Porter, Potter, John H. Kice, Riddle, Edward H. Rollins, 
 Sargent, Sedgwick, Shanks, Sloan, Sjpaulding, Stevens, 
 Stratton, Trimble, Trowbridge, Van Horn, Van Valken- 
 burgh, Verree, Wall, Wallace, E. P. Walton, Wa.«hburne, 
 Wheeler, Whaley, Albert S. White, Wilson, Windom, 
 Worcester — 82. 
 
 Nays — Messrs. Allen, Ancima, Baily, Biddle, Jacob B. 
 Blair, George H. 1^-nivne, Calvert, Clements, Cobb, Corning, 
 Cox, Cravens, CrisfieM, Critlenden, Dawes, Delano, Diven, 
 Dunliip, Znglish, Fisher, Granger, Grider, Haight, Hall, 
 
 Harding, Harrison, Bolman, Hortou, Johnson, Kerrigan, 
 Knapp, Law, Lazear, Leary, Lehman, Mullon/, Maynard, 
 ^f>n>es. Nixon, Koble, Korton, Nwjen, Oildl, Paidkton, 
 Pirn/, Jiihn S. P/ielps, Price, Alexander H. Rice, Richard- 
 son, Ji'nbiii^on, Jaynes S. Rollins, Segar, Sheffidd, ShiiJ, Smith, 
 John B. iStcfle, William G. Steele, Benjamin F. Thomas, 
 Francis Thomas, Train, Vallandigimm , roor/i^e.?, WadawortU, 
 Ward, Webster, WiclcUffe, Wood, Woodruff— 68. 
 
 AN EMANCIPATION BILL. 
 
 May 14 — The Select Committee reported this 
 bill: 
 
 That if any person within any State or Territory of the 
 United States shall, after the passage of this act, wilfully 
 engage in armed rebellion against the Government of the 
 United States, or shall wilfully aid or abet such rebellion, 
 or adhere to those engaged in such rebellion, giving them 
 aid and comfort, every such person shall thereby forfeit all 
 claim to tho service or labor of any persons, commonly 
 known as slaves ; and all such slaves are hereby declared 
 free ojid forever discharged from such servitude, anything 
 in the laws of the United States or of any State to the con- 
 truiy notwithstanding. And whenever thereafter any per- 
 son claiming the labor or service of any such slave shall 
 seek to enforce his claim, it shall be a sulficient defence 
 thereto that the claimant was engaged in the said rebellion, 
 or aided or abetted the same, contrary to the provisions of 
 this act. 
 
 That whenever any person claiming to be entitled to the 
 service or labor of any other person shall seek to enforce 
 such claim, he shall, in the first instance, and before any 
 order shall be made for the surrender of the person whose 
 service or labor is claimed, establish not only his claim to 
 such service or labor, but also that such claimant has not 
 in any way aided, assisted, or countenanced the existing 
 rebellion against the Government of the United States. 
 May 26, pending its consideration, 
 Mr. Francis P. Blair Jr., offered an amend- 
 ment, to add to the bill sections providing for 
 the appointment by the President of commis- 
 sioners for each slave States, to make lists of 
 the names of slaves held by persons described 
 in the first section, to be reported to the district 
 court of the United States, of the proper dis- 
 trict. If the slaves are not claimed by any one, 
 i.hey will be declared free by the court ; if they 
 are claimed, the claimant must prove that he 
 has not been engaged in, nor aided and abetted 
 the rebellion, nor given aid and comfort to those 
 engaged; or if engaged under compulsion this 
 must be proved. In failure of proof, the slaves 
 shall be declared free, and be given a certifi- 
 cate of freedom, and to be employed under the 
 direction of the commissioners, in cultivating 
 lands belonging to the United States, or other 
 useful labor, and may be employed by the com- 
 manding officers of the army, with the consent 
 of the commissioners, as may be agreed upon. 
 Commissioners authorized to bind them as ap 
 prentices to loyal proprietors of lands or me- 
 chanics, for not over five years whf re the slaves 
 are over twenty-one, and if under, not to extend 
 beyond their twenty-fifth year. The President 
 was authorized to purchase lands in Mexico, 
 Central or South America, or islands in the Gulf 
 of llexico, to be removed with their own con- 
 sent, they to receive not exceeding fifty acres 
 to an individual, or eighty to the head of a 
 family, and be guaranteed the civil and political 
 ri^ts secured to all other citizens in said coun- 
 tries — the proceeds of confiscation and the earn- 
 ings of those liberated persons to be applied to 
 the payment of those expenses. 
 
 This was rejected — yeas 52, nays 95, as fol- 
 lows : 
 
 Yeas— Messrs. Aldrich, Arnold, Baker, Baxter, Francis P. 
 Blair, Campbell, Clements, Coitux, Roscoe Conking, I'awes, 
 Delano, Diren, Dunn, Edgerton, Edwards, Fenton, Fisher, 
 Frank, Gooch, Goodwin, Gurley, Kelley, Killinger, Mc- 
 
2:0 
 
 CONFISCATION. 
 
 Knight, JfcPherson, Maynard, Monrhead, Anson P. Morrill, 
 Justin S. Morrill, Nixon, Olin, Patton. Timothy G. Phelps, 
 P 'ce, Pomeroy, Porter, Alexander II. Rice, Riddle, E iward 
 U. Rollins, James S. Rollins, Shanks, Stratton, Train. Trim- 
 ble, Verree, Wallace, E. P. Wiilton. Washburne, Wheeler, 
 Whaley, Albert S. White. Worcester— 52. 
 
 Nats — Messr.s. Allen, Alloy, Ancnna, Ashley. Babbitt, 
 Baili/, Beaman, BickUe, Jacob B. Blair, Samuel S. Blair, 
 Blalie, George H. Browne, William G. Brown, Buffiuton, 
 Calvert, Chamberlain, Clark, Cobb, Frederick A. Conkling, 
 Corning, Cox, Cravens, Crisfield, Crittenden, Cutler, Davis, 
 Duell, Dtmlup, Eliot, English, Fessenden, Granjier, Grider, 
 Haight, Hall, Ilanchett, Harding, Harrison, Hickman. Hol- 
 man, Hooper, florton, Uutchine, Johnson, Julian, Francia 
 W. Kellogg, William Kellogg, Kerrigan, Knapp, Lansing, 
 Law, Laicar, Leary, Lehman, Lovejoy, Mallory, Noble, Kodl, 
 Norton, Nugen, Odell, Pendleton, Perry, John S. Phelps, 
 Potter, Pn'ce, John II. Rice, Richardson, Robinson, Sargt-nt, 
 Sedgwick, Segar, Sheffield, Shiel, Sloan. Spaulding, John B. 
 Steele, William G. Steele, Stevens, Benjamin F. Thomas, 
 Francis Thomas, Trowbridge, Vallandighani, Van Horn, 
 Van Valkenburgh, Voorhees, Wadswort!i,W».\\, Ward, Web- 
 ster, TFtcWt/fc, Wilson, Windom, Wood, Woodruff— 9o. 
 
 Mr. Sedgwick's substitute, as follows : 
 
 And whereas the several States of Virginia, North Caro- 
 lina, South Carolina, Georgia, Tennessee, Alabama, Missis- 
 sippi, Louisiana, Florida, Texas, and Arkansas, wickedly 
 and unlawfully combining under the title of the Confederate 
 States of America, have, together, made war upon and re- 
 belled against the Government of the United States, and 
 continue in such state of war and rebellion : Therefore, 
 
 Sec. 3. Be it further enacted, That every commanding 
 military or naval otBcer whose military district shall em- 
 brace any portion of the above-named States may, and it 
 shall be his duty, by proclamation or otherwise, to invite 
 all loyal persons to come within his lines and be enrolled 
 in the service of the United States ; and it shall be his duty 
 to enroll every such loyal person and to employ such of 
 them as may be necessary in the service of the United 
 States, and no person so enrolled and declaring his loyalty 
 to the United States shall ever thereafter be held to invol- 
 untary service or labor, (excepting as a punishment for 
 crime,) any law or regulation of any State to the contrary 
 notwithstanding : Provided, That if the slaves of any per- 
 son or persona who have been and continued loyal to the 
 Government of the United States shall be made free by the 
 operation of this section, such loyal citizen or citizens shall 
 be entitled to just and reasonable compensation for his 
 claim to the service or labor of such slave : And provided 
 further. That if the slaves of any person or persons who are 
 "minors or married women shall bo made free by the opera- 
 tion of this section, they shall also bo entitled to just and 
 reasonable compensation for their claim to tho service or 
 labor of such slaves. 
 
 Was rejected — yeas 337nays 116, as follows: 
 
 Ye.\s— Messrs. Aldrich, Babbitt, Baker, Beaman, Samuel 
 S. Blair, Blake, Buffinton, Clark, Davis, Duell, Edgerton, 
 EUot, Fessenden, Frank, Hickman, Hutchins, Julian, Fran- 
 cis W. Kellogg, Lansing, Lovejoy, Anson P. Morrill, Pike, 
 Potter, John U. Rice, Riddle, Edward H.Rollins, Sedgwick, 
 Sloan, Trow) )ridge, Van Valkenburgh, E. P. Walton, Wilson, 
 Windom— 33. 
 
 N&YS—Me;i9T9. Allen, Ancona, Arnold, Ashley, .BaiVy, Bax- 
 ter, Biddle, Francis P. Blair, Jacob B, Blair, George H. 
 Browne, William G. Brown, Calvert, Campbell, Chamberlain, 
 Clements, Co66, Colfax, Frederick A.Conkling, Roscoo Conk- 
 ling, Coming, Cox, Cravens, Crisfield, Crittenden, Cutler, 
 Dawes, Delano, Diven, Dunlap, Dunn, Edwards, Ely, Eng- 
 lish, Fenton, Fisher, Gooch, Goodwin, Granger, Grider, Gur- 
 ley, Haight, Hall, Hanchett, Harding, Hai-rison, Holman, 
 Ilorton, Johnson, Kelley, William Kellogg, Kerrigan, Kil- 
 linger, Knapp, Law, Lazear, Leary, Lehman, McKnight, 
 McPherson, Mallory, Maynard, Menzies, Mitchell, Moorhead, 
 Justin S. Morrill, Nixon, Nobk, Noell, Norton, Nuf/cn, Odell, 
 Olin, Patton, Pendleton, Perry, John S. Phelps, Timothy G. 
 Phelps, Pomeroy, Porter, Price, Alexander U. Rice, Rich- 
 ardson, Robiiuson, James S. Rollins, Sargent, Segar, Shanks, 
 Sheffidd, Sldel, Smith, Spaulding, John B. Steele, William G. 
 Steele, Stevens, Stratton, Benjamin F. Thomas, Francis 
 Thomas, Train, Trimble, Vallandigham, Van Horn, Verree, 
 Voorhees, Wadsworth, Wall, Wallace, Ward, Washburne, 
 Webster, Wheeler, Whaley, Albert S>.'mAi.e,Wickliffe,^^ood, 
 Woodruff, Worcester— 116. 
 Mr. E. P. Walton's substitute provides: 
 
 Sec. 1. That every person who shall hereafter commit 
 treason, shal 1 suffer death, and all his slaves made free ; or be 
 imprisoned not less than five years, and fined not less than 
 $10,000, and all his slaves made free ; said fine shall be levied 
 on property excluding slaves. 
 
 Sec. 2. That if any person shall engage in rebellion 
 against the United States, or givo aid and comfort thereto. 
 
 shall be pnnished by the forfeiture of his personal property, 
 including choses in action, and his life estate in any le.il 
 property within the United States, and by the liberation of 
 his slaves. 
 
 Sec. 3. That every such pereon described disqualified to 
 hold any ofiBce under the Government. 
 
 Sec. 4. This act shall not be construed as to affect prose- 
 cution or conviction of persons guilty of treason before the 
 passage of this act, unless convicted under it. 
 
 Sec. 5. The duty of the President, by his marshals or 
 other officers, to seize and sequester property of every kind, 
 of persons engaged in rebellion and especially of officers of 
 the rebel army and navy, and of the President and other 
 officers, military, naval, or civil, of persons formerly hold- 
 ing office under the United States and taking up arms, or 
 give aid and comfort to the rebellion, or persons owning 
 property in loyal portions of the country hereafter engaged 
 in tho rebellion ; to hold and possess such property until 
 appearance and trial of the offender. No slave to be 
 seized under tliis act, but the United States to have a liep 
 on all slaves of the persons described to answer such order 
 as may bo made touching their liberation, and no sale of 
 any force made after the commission of the offence. 
 
 Sec. 6. That the property so seized and sequestered shall 
 be held or rented until the owners can be proceeded 
 against, and if convicted, said property shall be forfeited 
 and all perishable property may be sold and proceeds paid 
 into the Treasury, and if owner discharged on trial shall ba 
 returned to said owner. 
 
 Sec. 7. That if the owner of any property seized shall 
 flee from justice, and cannot be brought to trial, an order 
 shall be made by the court requiring such person to appear 
 at a certain time, and if he do not, all his estate shall be 
 forfeited, and the liberation of his slaves, and himself and 
 heirs forever barred from recovery thereof. 
 
 Sec. 8. That the President of the United States, when he 
 deems it necessary that any personal property seized by tho 
 army and navy, and belonging to a person hereafter en- 
 gaged in the rebellion or given aid and comfort thereto 
 should be confiscated, may cause proceedings in rem against 
 such property, and if found to belong to a person engaged 
 in tho rebellion, said property shall be forfeited. 
 
 Sec. 9. President may by proclamation command insur- 
 gents to lay down their arms within sixty days, and if they 
 do not, their property shall be confiscated and slaves freed. 
 
 Sec. 10. That no person discharged from labor under this 
 act, nor the descendants of any one, shall ever be reduced 
 to involuntary servitude, (except as a punishment for crime,) 
 and entitled to be discharged on habeas corpus. 
 
 Sec. 11. That whenever any person shall be ilischarged 
 from service or labor owing to another, the court shall give 
 such person a certificate of discharge, under seal of the 
 court, and conclusive evidence of his freedom, and if there- 
 after seized, shall be discharged on habeas corpus, and if the 
 person so holding the freed man shall be convicted, he shall 
 be punished with imprisonment for not less than one year 
 or more than five years. 
 
 Sec. 12. That no slave escaping from one State or terri- 
 tory to another shall bo delivered up, (except for crime,) 
 unless the owner make oath that he has not been engaged 
 in the rebellion or aided and abetted it ; and no person in 
 the military or naval service of the country shall assume to 
 pass on the validity of any claim of one person to the ser- 
 vices of another. 
 
 Sec 13. That the President is authorized to employ 
 negroes for the suppression of rebellion and treason, and 
 organize and use them as he may deem proper. 
 
 Sec 14. And is also authorized to make provision for the 
 colonization of negroes made free by this act as may be 
 willing to emigiate, and obtain the consent of the Gov- 
 ernment of the said country to their protection and settle- 
 ment within the same, with all the rights and privileges of 
 freemen. 
 
 Sec. 15. And is also authorized to extend pardon and 
 amnesty to those engaged in the rebellion. 
 
 Sec 16. That the courts shall have full power to carry 
 this act into effect. 
 
 Which was rejected — yeas 29, nays 121. The 
 Yeas were 
 
 Messrs. Baxter, Francis P. Blair, Dawes, Delano, Dunn, 
 Fisher, Frank, Gooch, Goodwin, Granger, Killinger, Mc- 
 Knight, Maynard, Mitchell, Moorhead, Justin S. Morrill, 
 Nixon, Olin, Patton, Timothy G. Phelps, Porter, Alexander 
 H. Rice, Sheffield, Stratton, Train, Trimble, Verree, E. P. 
 Walton, Worcester. 
 
 Mr. Morrill, of Vermont, offered a substi- 
 tute providing 
 
 Sec 2. That the President shall appoint commissioners 
 for each State by whoso laws persons are held to service, 
 who shall make a list of the names of slave's and their owners 
 and return it to the district where the slave resides ; which 
 
CONFISCATION. 
 
 201 
 
 list f.iri!l be published, requiring all persons to appear and 
 sLow caisc why certain pursons held to labor should not be 
 discharged ; and on iailm-e of such persons to appear, their 
 slaves shall be declared iVee, and ou appearance the claim- 
 ant shall file an affidavit that he li ;s niit been engaged in 
 rebellion, or aided and abet 1 1- 1 i;. < v if iii^ s-ed under com- 
 pulsion must show it, and it i . !; :. was not engaged 
 in rebellion his slaves shall i ; : , ' i > him; but on fail- 
 la'e of such proof, or on t!;. i i-.il to take the 
 
 foregoing affidavit to prov.' ; ;i when alleged as 
 
 an excus^, the court shall il '• ' \ -u so claimed as 
 
 free, and grant him a cerHiir i • under seal, and 
 
 shall be conclusive evidence 'T li? ii s la. And all per- 
 sons so declared free, if seized, shall bo forthwith discharged 
 on Imheas corpus ; and the court, acting on said wTit, shall 
 commit for trial for kidnapping the person so holding the 
 freed man, and on conviction imprisoned for not less than 
 one or more than five years, and any one sweai'ing fa,lsely 
 shall be guilty of perjury. 
 
 Sec. 3. That if any person held to labor by one engaged 
 in rebellion, if omitted from the commissioner's list may, on 
 Eummaiy application to the district court, be placed on the 
 ii: t, and to bo treated in every way the same as if his name 
 bad been placed on the list by the commissioner. 
 
 Commissioners shall have ample time to complete their 
 lists. 
 
 Sec. 4. That no such person or his descendants shall ever 
 again be reduced to involuntary sei-vitude, and every such 
 person shall oe entitled to discharge from such service on 
 
 Which tv-as rejected — yeas 16, nays 126. The 
 Yeas were — 
 
 Messrs. Eoscoe Conkling, Dunn, Frank, Goodwin, Kill- 
 inger, Loomis, McKnight, Justin S. Morrill, Nixon, Olin, 
 Patton, Timothy G. Phelps, Porter, Stratton, E. P. Walton, 
 Worcester — 16. 
 
 The original bill reported from the commit- 
 tee was then negatived — yeas 74, nays 78 ; as 
 follows : 
 
 Yeas — Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baker, Baxter, Beaman, Francis P. Blair, Samuel S. Blair, 
 Blake, Bufflnton, Campbell, Chamberlain, Clark, Colfax, 
 Frederick A. Conkling, Roscoe ConkUng, Cutler, Davis, 
 Duell, Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, 
 Frank, Gooch, Goodwin, Guiiey, Hanchett, Hickman, 
 Hooper, Hutchins, Julian, Kclley, Francis W. Kellogg, 
 Lansing, Loomis, Lovtyoy, Mclvnight, McPherson, Mour- 
 hcad, Anson P. Morrill, Justin S. Morrill, Olin, Patton, 
 Timothy G. Phelps, Pike, Pomeroy, Potter, John H. Rice, 
 Riddle, Edwai-d H. Rollins, Sargent, Sedgwick, Shanks, 
 Sloan, Spaulding, Stevens, Trowbridge, Van Horn, Van 
 V.dkenburgh, Verree, Wall, Wiillace, E. P. Walton, Wash- 
 burne, Wheeler, Albert S. White, WOson, Windom, Wor- 
 cester— 74. 
 
 Nays — Messrs. Allen, Ancona, Bailt/, Biddle, Jacob B. 
 Blair, George H Browne, William G. Brown, Calvert, Clem- 
 ents, Cohh, Corning, Cox, Cravens, Crisjield, C:-ittenden, 
 Dawes, Delano, Diven, Dunlap, Dunn, English, Fisher, 
 Granger, Grider, Haight, Hall, Harding, Harrison, Holman, 
 Horton, Johnson, William Kellogg, Kerrigan, KilUnger, 
 Knapp, Law, Lazear, Leary, Leiiman, Mallory, Maynard, 
 Menzies, Mitchell, Nixon, Noble, Noell, Norton, Nugen, 
 Odell, Pendleton, Perry,John S.Phelps, Vovicr. Price, Alex- 
 ander H. Rice, Richardson, Rohinsun. .''■■.•^ A /.-'i/ns, Se- 
 gar, Sheffield, Shiel,SiHilh,JolmB.,^ . li > i;. Steele, 
 
 Stratton, Benjamin F. Thoma.s, Ir . . Train, 
 
 Trimble, Vallandigham, Voorhees. I!, < ,, i::/(/, Web- 
 ster, Whaley, Wickliffe, Wood, }\'oodrHjf—1S. 
 
 May 27 — Mr. Pouter moved to reconsider 
 this vote. A motion to table the motion to re- 
 consider was lost — yeas G9, nays 73. 
 
 June 4 — The motion to reconsider was agreed 
 to — yeas 84, nays 65 ; and 
 
 Mr. Porter moved that the bill be recom- 
 mitted to the Committee with instructions ton 
 prepare a substitute, providing that the slaves 
 of the persons included in the classification in 
 the confiscation law, are declared forever dis- 
 charged from service or labor, and providing 
 for an enrolment of them by commissioners, 
 and the action of United States judges, as indi- 
 cated in other amendments, for colonization of 
 them in Mexico, Central or iSouth America, or 
 the Gulf Islands, with homesteads, and declar- 
 ing every pcidou embraced in the classification 
 
 incapable of holding or exercising any office of 
 honor, trust, or profit under the Government of 
 the United States ; which was agreed to — yeas 
 84, nays 66, as follows: 
 
 Yeas— Messrs. Aldrich, Alley, Arnold. Ashley, Babbitt, 
 Baker, Baxter, Beaman, Bingham, Francis P. Bl:iir. Blake, 
 BuffintOH, Burnham, Chamberlain, Clark, Colfax, Federick 
 A. Conkling, Roscoe Conkling, Covode, Davis, Dawes, Duell, 
 Dunn, Edgerton, Edwards, Ely, Fessenden, Fisher, Fran- 
 chot, Frank, Gooch, Goodwin, Gurley, Hale, Hanchett, 
 Hickman, Hooper, Hatching, J;'Iian, Kelley, Francis W. 
 Kellogg, KilUnger, Lansing, Loomis, Lovejoy, Low, Mc- 
 Knight, McPherson, Mitchell, Mourhead, Ausoii P. Morrill, 
 Justin S. Morrill, Nixon, Timothy G. Phelp-s Pike, Pome- 
 roy, Porter, Potter, Alexander H. Rice, John H. Rice, Rid- 
 dle, Edward H. Rollins, Sargent, Sedgwick, ." hanks, i^hella- 
 barcer, Sloan, Spaulding, Stevens, Stratton, Train, Trimble, 
 Trowbridge, Tan Horn, Van ValUenburnh, Verree, Wall. 
 Wallace, E. P. Walton, Washbume, Albert's. White, Wilson, 
 Windom, Worcester — 84. 
 
 Nats— Messrs. W. J. Allen, Ancona, Baily, Biddle, J. B. 
 Blair, George H. Browne, William G. Brown, Calvert, Clem- 
 ents, Cobb, Coming, Cox, Cravens, Crittenden, Delano, Dela- 
 plaine, Dunlap, English, FouJce, Granger, Grider, Haight, 
 Harding, Harrison, Holman, Horton, Johnson, William Kel- 
 logg, Kerrigan, Knapp, Law, Lazear, Leary. Lehman. 3Ial- 
 lory. May, Maynard, Menzies, iVi.'/ . .V '', .v ' . X i n u., 
 Pcndleton,John S.Phelps, Price, i: ...' -/ '.is, 
 
 Segar, SIteffield, Shiel, Smith, J^ ■;;..' s d. 
 
 Steele, Stiles, Benjamin F. Thorn i-. Iri'ii- i mi-. Vd- 
 landigham, Vibbard, Voorhees, Wailsn-ortli. Wo/nl. Webtter, 
 Chilton A. White, Wickliffe, Woodruff, Wright— G6. 
 
 June 18 — The House passed a bill reported in 
 pursuance of these instructions — yeas 82, nays 
 34. It was not considered in the Senate ; but 
 emancipation clauses were inserted in the con- 
 fiscation bill, and agreed to by both Houses. 
 
 During the pendency of another bill (107) to 
 forfeit the property and slaves of persons who 
 shall engage in, or aid and abet, armed rebel- 
 lion against the United States, 
 
 1862, April 22— Mr. Bingham offered a sub- 
 stitute — 
 
 That if any person or persons, within any State or Terri- 
 tory of the United States, shall, after the taking effect of 
 this act, engage in armed rebellion against the Government 
 of the United States, or shall aid or abet such rebellion, .all 
 the property, moneys, stocks, credits, and effects of such 
 person or persons are hereby declared lawful subjects of 
 prize and capture, wherever found, for the indemnity of the 
 United States against the expenses of suppressing such re- 
 bellion; and it is hereby made the duty of the President of 
 the United States to cause all such property, wherever 
 found, to be seized, to the end that the same may be confis- 
 cated and condemned as hereinafter provided for the use of 
 the United States. 
 
 Sec. 2. That all property so captured or >. i ' ~ li l,e 
 condemned in the district courts of the 1 i : -: lud 
 
 that the proceedings of condemnation shiil i nd 
 
 shall bo instituted and prosecutedin the n;r,u ! ' ' nit' d 
 States in any district court of the United States wiihiu any 
 district in which the same may be seized or situate, or into 
 which the same may be taken and proceedings first insti- 
 tuted, and which proceedings shall conform as nearly as 
 may be to proceedings in iirize cases, or to cases of forfeit- 
 ure arising under the revenue laws ; and in all cases the 
 property so seized and condemned, whether veal or per- 
 sonal, shall be sold pursuant to such rules as the Secretary 
 of the Treasury may prescribe, and the proceeds deposited 
 in the Treasury of the United States for the sole use of the 
 United States. 
 
 Sec. 3. That the Attorney General or any district attorney 
 of the United States of any district in which the said prop- 
 erty or effects may at the time be, or into which the same 
 may bo taken, shall institute the proceedings of condemna- 
 tion as hereinbefore provided. 
 
 Which was agreed to — yeas 62, nays 48 ; as 
 follows : 
 
 Yeas— Messrs. Alflrich, Arnold, Ashley, Babbitt, Baker, 
 Beaman, Bingham, Samuel S. Blair, Blake, Buffinton, Burn- 
 ham, Chamberlain, Colfax, Frederick A. Conkling, Roscoe 
 Conkling, Covode, Cutler, Davis, Duell, Edwards, Eliot, Ely, 
 Fenton, Franchot, Frank, Gooch, Granger, Gurley, Hooper, 
 Julian, Kelley, Francis W. Kellogg, Lansing, Loomis, Love- 
 joy, McKnight, McPherson, Mitchell, Moorhead, Nixon, 
 Nod!, Patton. Tiniothv 6. Pholjis, Pike, Porter, Potter, John 
 H. Rice, Riddlo, Edwaid H. Rollins, Sargent, Shanks, Shel 
 
202 
 
 CONFISCATION. 
 
 labarp;er, Stevens, Stnitton, Trimble, Tro\vbridse,Van Hov 
 Villi Valkenburgh, Albeit S. White, Wilsou, ^Viudom, Wor- 
 cester — 02. 
 
 Nays — Jlessrs. Allen, Joseph Baily, Baxter, liicMle, Francis 
 P. Blair, Jacob B. Blair, George H. Broivne, William G. 
 Brown, Calvert, Casey, Clements, Cox, Cnsfteld, Crittenden, 
 Diven, Dunlap, Grider, Hall, Harding, Harrison, Hickman, 
 Kerrigan, Knapp, Law, Lehman, ilallory. May, Menzies, 
 Justin S. Morrill, Morris, Noble, Norton, Odell, Olin, James 
 S. Rnllins, Sheffield, Smith, John B. Steele, Benjamin I'. 
 Thomas, Francis Thomas, Vallandir/ham, Vihbard, Voorhees, 
 E. P. Walton, Ward, Chilton A. White, Woodruff, Wright 
 —48. 
 
 Mr. E. P. Walton offered a substitute, defin- 
 ing the crime of treason, and affixing a penalty 
 of death, or imprisonment and fine, on convic- 
 tion or confession, and his slaves shall be free. 
 The President is authorized to appoint commis- 
 sioners to sequester and seize the property, real 
 and personal, of persons bearing arms against 
 the United States, or giving them aid and com- 
 fort, and is also authorized to grant pardon 
 and amnesty. These are the concluding sec- 
 tions : 
 
 Sec. 6. And he it further enacted. That If any State, or 
 part thereof, in which the inhabitants have by the PresiiJent 
 been declared in a state of insurrection, the said insurrec- 
 tion shall have continued for a period of six months, then 
 and in that case the President is hereby authorized, if in 
 his oiiinion it shall be necessary to the successful suppres- 
 sion of said insurrection, by proclamation to fix and appoint 
 a day when all persons holdeu to service or labor in any 
 such State, or part thereof as he shall declare, whose ser- 
 vice or labor is by the law or custom of said State due to 
 any person or persons, who, after the day so fixed by said 
 proclamation, shall levy war or participate in insm-rection 
 against the United States, or give aid to the same, shall be 
 free and ihscharged from all such claim to laljor or service ; 
 and thereupon said person shall be forever free and dis- 
 charged from said labor and service, any law or custom of 
 said State to the contrary notwithstanding. 
 
 Sec. 7. That whenever any person claiming to be entitled 
 to the service of any other person as a slave shall seek to 
 enforce suth claim, he shall, in the first instance, and as 
 preliminary to the trial of such claim, show satisfactorily 
 that he and the person to whom said service was claimed to 
 be due during the period of insm'rection or rebelhon was 
 loyal to the United States. 
 
 V/hich was rejected — yeas 33, nays 70, as 
 follows : 
 
 Yeas — Messrs. Baxter, Francis P. Blair, William G. Brown, 
 Calvert, Casey, Clements, Roscoe Conkling, Crittenden, Dun- 
 lap, Dunn, Fisher, Goodwin, Granger, Grider, Gurley, Hard- 
 ing, Harrison, McKnight, McPherson, Mallory, Menzies, 
 Mitchell, Moorhead, Justin S. Morrill, Nixon, Olin, Edward 
 H. PioUins, James S. liollins. Sherjield, Shellabarger, Strat- 
 ton, E. P. Walton, Worcester— 33. 
 
 Nays — Messrs. Aldricli, Allen, Arnold, Ashley, Babbitt, 
 Joseph Baily, Baker, Beaman, Biddle, Bingham, Jacob B. 
 Blair, Samuel S. Blair, Blake, George H. Browne, Buffinton, 
 Chamberlain, Colfax, Frederick A. Conkling, Covode, Cox, 
 Cutler, Davis, Duel), Eliot, Ely, Fenton, Franchot, Frank, 
 Gooch, Hickman, Julian, Kelley, Francis W. Kellogg, Ker- 
 rigan, Knapp, Lansing, Law, Loomis, Lovejoy, May, Morris, 
 Noble, Nodi, Odell, Patton, Timothy G. Phelps, Pike, Potter, 
 John H. Rice, Eiddle, Sargent, Shanks, Smith, John B. Steele, 
 Benjamin F. Thomas, Francis Thomas, Trimble, Trowbridge, 
 Valla:idigham, Van Horn, Van Valkenbiirgh, Vonrheex, Wall, 
 Ward, Albert S. White, adltcm A. White, Wilson, Windom, 
 Woodruff, Wright— Id. 
 
 Mr. Porter also proposed a substitute, which 
 was rejected — yeas 30, nays 72 
 
 April 23 — The bill was tabled — yeas 59, nays 
 52. 
 
 Subsequently a new bill was prepared by the 
 Select Committee, to whom, April 24, the whole 
 subject was referred. 
 
 tion of the same, or to any p >rgon or persons in any State 
 or district within the United States, now in a State of in- 
 surrection and rebellion against the authority thereof, so 
 that in either case the ortUnary process of law cannot be 
 served upon them, who shall during the present rebellion 
 be found in arms against the United States, or giving aid 
 and comfort to said rebellion. 
 
 And to insert in lieu thereof the following : 
 First. Persons hereafter acting as officers of the army or 
 navy of the rebels now or hereafter in arms against the 
 United States. Second. Persons hereafter acting as Presi- 
 dent, Vice President, member of Congress, judge, foreign 
 minister, consul, or commissioner of the so-called Confed- 
 erate States. Third. Persons hereafter acting as an officer, 
 whether civil, military, or naval, of any State or Territory 
 who by the Constitution of the so-called Confederate States 
 is required to take an oath to support said Constitution. 
 Fourth. Persons who having held an office of honor, trust, 
 or profit under the United States, shall hereafter take up 
 arms against the United States. Fifth. Persons who, own- 
 ing property in the loyal States or Territories, or the loyal 
 portions of disloyal States, shall hereafter assist or give aid 
 and comfort to the present rebellion. 
 
 Mr. King moved to amend by adding : 
 Sixth. Persons in the present insurrection levying wai' 
 against the United States or adhering to their enemies, giv- 
 ing them aid and comfort. 
 
 Which was rejected — yeas 7, nays 32, as fol- 
 io ws : 
 
 Yeas — Messrs. Chandler, Grimes, King, Pomeroy, Triun- 
 bull, Wade, Wilkinson — 7. 
 
 Nays — Messrs. Anthony, Browning, Carlile, Clark, Cowan, 
 Davis, Dixon, Doolittle, t essenden, Foot, Foster, Hale, Hen- 
 derson, Howard, Howe, Lane of Indiana, Lane of Kansas, 
 Latham, Morrill, Nesmith, Powell, Saulsbury, Sherman, 
 Simmons, Starlc, Sumner, Ten Eyck, Thomson, Willey, Wil- 
 son of Massachusetts, ll'itore of Missom-i, Wright — 3-2. 
 
 The amendment of Mr. Sherman was then 
 agreed to — yeas 26, nays 11, as follows : 
 
 Yeas — Messrs. Anthony, Browning, Chandler, Clark, 
 Cowan, Davis, Dixon, Doolittle, Fessendeu, Foot, Fos'.'.r, 
 Grimes, Halo, Henderson, Howard, Howe, Lan'; of lud'.i.ia. 
 N'.fmith. Sherman. Simmons, Sumner, Tea i-]\u\i., Thomson, 
 Willey, of Wilson Massacuhsetts, Wright— -yi. 
 
 Nats— Messrs. 'Carlile, King, Lane of Kiuisa^. Morrill, 
 Pomeroy, Sxulsbury, Starlc, Trumbull, Wade, Wilkinson, 
 Wilson of Missouri — 11. 
 
 The bill was referred to a select committee, 
 and was not reported ; but this classification 
 was introduced into the confiscation act. 
 
 IN SENATE. 
 
 Pending the consideration of a bill to confis- 
 cate the property and free the slaves of rebels, 
 
 18G2, April 24 — Mr. Sherman moved to strike 
 from the first section the words : 
 
 Belonging to any person or persons beyond the jurisdic- 
 
 SECOND AMENDATORY JOINT RESOLUTION. 
 
 First Session, Thirty-Eighth Congrass. 
 IN HOUSE. 
 
 1864, February 5 — The House passed this 
 joint resolution : 
 
 That the last clause of a "joint resolution explanatory 
 of ' An act to suppress insurrection, to punish treason and 
 rebellion, to seize and confiscate the property of rebels, and 
 for other purposes,' " approved July 17, 1862, be, and the 
 same hereby is, so amended as to read : " nor shall any pun- 
 ishment or proceeding under said act be so construed as to 
 work a forfeiture of the estate of the offender contrary to 
 the Constitution of the United States : Provided, That no 
 other public warning or proclamation under tlie act of July 
 17, 1862, chapter ninety-five, section six, is or shall be re- 
 quired than the proclamation of the President, made and 
 published by him on the 25th day of July, 1862, which 
 proclamation so made shall bo received and held sufficient 
 in all cases now pending, or which may hereafter arise 
 ^nder said act." 
 
 By a vote of yeas 83 to nays 76, as follows : 
 Yeas — Messrs. Alloy, Allison, Amos, Anderson, Arnold, 
 Ashley, John D. Baldwin, Baxter, Beaman, Blow, Boutwell, 
 Boyd, Brandegee, Broomall, Ambrose W. Clarli, Freeman 
 Clarke, Cobb, Cole, Creswell, Henry Winter Davis, Thomas 
 T. Davis, Dawes, Deming, Donnelly, Driggs, Eliot, Farns- 
 worth, Fenton, Frank, Garfield, Gooch, Grinnell, Iligby, 
 Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, 
 Ilulburd, Jenckes, Julian, Kasson, Kelley, Francis W. Kel- 
 logcr, Orlando Kellogg, Loan, Longy ear, Marvin, McBrido, 
 McClurg, Mclndoe, Samuel F. Miller, Moorhead, Morrill, 
 Daniel Morris, Amos Mvers, Leonard Myers, Norton, Charlns 
 O'Neill, Orth, Patterson, Perham, Pike, Pomeroy, Alexander 
 
CONFISCATION. 
 
 203 
 
 H. Rice, John II. Rice, Edward H. Rollins, Sclienck, Scofleld, 
 Shannon, Sloan, Smithers, Spalding, Stevens, Thayer, Tracy, 
 Updon, Van Valkenburgh, Elhhu B. Washbume, William B. 
 Washburn, Williams, Wilson, Windom, Woodbridge — 83. 
 
 Nats — Messrs. James C. AUm. Anrona, Baih/, Aiir/K^ius 
 C.Baldwin. .Tacob B. Bhiir, /":"■. /.'- ' . J.-.',' < S. /';,., „, 
 William G. lir.iwn. CIhuiI : - , - - - ,:. 
 
 Dawson. Dn>; son, Edni.iy : I / .- ,, 
 
 Gri<l'r,H<m!imi,Harrovi!-',. /;- ,;■'..- ■ '/. i: :ry:-. II rri^!:, 
 Holman, Ilutchins, William Johnson, Kalhjlrisc/i, Kirnan, 
 Kin//, Knapp, Law, Lazear, LeBlond, Long, Mullary, Marcy, 
 Mcbowdl, McKinncji, HUddleton, Wm. H. Miller, James R. 
 Morris, Morrison, A^'lson, Noble, Odell, John O'Neill, Pen- 
 dleton, Pruyn, Radford, Samuel J. Randall, William H. 
 Randall, Robinson, Rogers, James S. Rollins, Ross, Scott, 
 John B. Steele, William G. Steele, Stiles, Strouse, Stuart, 
 Sweat, Tliomas, Voorhees, Wadsworth. Webster, Whaley, 
 Whreler, ChiUon A. White, Joseph W. White, Winfield, 
 Fernando Wood, Teaman — 76. 
 
 IN SENATE. 
 
 February 17 — Mr. Reterdt Johnson, from the 
 Committee on the Judiciary, reported back this 
 joiut resolution, without amendment, and with 
 a recommendation that it do not pass. 
 
 June 27 — Pending the consideration of the 
 bill to establish a bureau of Freedmen's Af- 
 fairs. 
 
 Mr. Trcmbull offered this as a new section : 
 
 And he it further enacted. That the last clause of a joint 
 resolution explanatory of an act to suppress insurrection, 
 to punish treason and rebellion, to seize and confiscate the 
 property of rebels, and for other purposes, approved July 17, 
 1862, be, and the same is hereby, repealed. 
 
 The words proposed to be repealed are, " nor 
 shall any punishment or p»roceedings under said 
 act be so construed as to work a forfeiture of 
 the real estate of the offender beyond his natural 
 lite." 
 
 June 28 — This was agreed to — yeas 23, nays 
 15, as follows: 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Conness, Foot, 
 Grimes, Hale, Harlan, Uarris, Howe, Lane of Indiana, Lane 
 of Kansas, Slorgan, Jlorrill, Pomeroy, Sherman, Sprague, 
 Sunmer, Trumbull, Van Winkle, Wade, Wilkinson, Wilson 
 
 Nats — Messrs. Carlile, Clark, Collamer, Cowan, Davis, 
 Doolittle. Henderson, Hendricks, Hicks, McDougall, Powell, 
 Riddle, Sautsburij, Ten Eyck, Willey— 15. 
 
 Same day, Mr. Hendricks moved to strike 
 out this section ; which was disagreed to — 
 yeas 13, nays 16, as follows: 
 
 Yeas — Messrs. Buclcalew, Carlile, Clark, Cowan, Davis, 
 Doolittle, Hendricks, McDougall, Powell, Riddle, Ten Eycki 
 Van Winkle, Willey— 13. 
 
 Nays — Messrs. Anthony, Chandler, Conness, Foot, Har- 
 lan, Howe, Lane of Indiana, Morgan, Morrill, Pomeroy, 
 Ramsey, Sprague, Sumner, Trumbull, Wilkinson, Wilson 
 —16. (see page 260.) 
 
 " Rebel" Sequestration. 
 
 ■ 861, August 6— The " Confederate" Con- 
 gress passed a bill " for the sequestration of 
 the estates, property, and effects of alien ene- 
 mies, and for the indemnity of citizens of the 
 Confederate States, and persons aiding the same 
 ill the exi.->ting war against the United States," 
 of which the Richmond ^'zaTwmer of the follow- 
 ing Monday gave an abstract. 
 
 The following is the priacipal legislative 
 clause : 
 
 Bfi it enacted by the Congress of the Confederate States, 
 ThatallaiKl every the lands tenements, and bereditanvnts, 
 goods and chattels, rights and credita within IUl-s ; Conf it- 
 erate States, and every right and interest tbcnin h. Id, 
 owned, possessed, or enjoyed by or for anv aluii rneniv 
 Since th ; twenty-first day of May, 1861, except si:rh debt's 
 line to an alien enemy as may liavo bc-n paid into the 
 Treasury of any one of the Conlederate States prior to the 
 p.issage. of this law, be and the same are benby s.qyi-s. 
 Iraled by the Confederate SUtes of America, and shall be 
 
 held for the full indemnity of any true and loyal citizen, a 
 resident of these Conlederate States, or other uerson aiding 
 said Confederate States in the prosecution of the present 
 war between said Confederate States and the United States 
 of America, and for which he may suffer any loss or in- 
 jury under the act of the United States, or of any State 
 thereof, authorizing the seizure or confiscation of the 
 property of citizens or residents of the Coulederato States, 
 or other persons aiding said Confederate States, and 
 the same shall be seized and disposed of as provided 
 for in this act: Provided, hmvever. When the estate, prop- 
 erty, or rights to be effected by this act were or are within 
 some State of this Confederacy, which has become such 
 since said twenty-first day of May, then the act shall oper- 
 ate upon and as to such estate, property, or rights, and all 
 persons claiming the same from and after the day such 
 t'tate became a member of this Confederacy, and not be- 
 fore : Prcn-ided further. That the provisions of this act shall 
 not extend to the stocks or other public securities of this 
 Cnufederate Government, or of any of the States of this 
 Confederacy, held or owned by an alien enemy, or to any 
 debt, obligation, or sum duo from the Confederate Govern- 
 ment, or any of the States to such alien enemy. Andpro- 
 vided, also. That the provisions of this act siiall not embrace 
 the property of citizens or residents of either of the States 
 of Delaware, Maryland, Kentucky, Missouri, or the District 
 of Columbia, or the Territories of New Mexico, Arizona, or 
 the Indiaa Territory south of Kansas, except such of said 
 citizens or residents as shall commit actual hostilities against 
 the Confederate States, or aid or abet the United States ia 
 the existing war against the Confederate States. 
 
 Sections 2 to 13 provide for the appointment of receiv- 
 ers in each county, and impose a penalty of $2,000 on all 
 who may endeavor to conceal the ownership of property 
 belonging to alien enemies. SecUon 14 provides for the 
 appointment of three commissioners to take charge of tbo 
 sequestration fund, and to hear and decide on all claims 
 against it. 
 
 For its enforcement, the then Attorney Gen- 
 eral, J. P. Benjamin, issued this circular : 
 Departmext of Justice, 
 Richmond, September 12, 1861. 
 Instructions to receivers under the act entitled " An act for 
 the sequestration of the estates, property, and effects of 
 alien enemies, and for the indemnity of citizens of the 
 Confederate States and persons aiding the same in the 
 existing war against the United States," approved Au- 
 gust 8th, 1S61. 
 
 The following persons are subject to the operation of the 
 law as alien enemies : 
 
 All citizens of the United States, except citizens or resi- 
 dents of Delaware, Maryland, Kentucky, or Blissouri, or 
 the District of Columbia, or the Territories of New Mexico, 
 Arizona, or the Indian territory south of Kansas. 
 
 All persons who have a domicil within the States with 
 which this Government is at war, no matter whether they 
 be citizens or not : thus the subjects of Great Britain, France, 
 or other neutral nations, who have a domicil, or are carry- 
 ing on business or traffic within the States at war with tlus 
 Confederacy, are alien enemies under the law. 
 
 All such citizens or residents of the States of Delaware, 
 Maryland, Kentucky, or Missouri, and of the Territories of 
 New Mexico, Arizona, and the Indian ten-itory south of 
 Kansas, and of the District of Columbia, as shall commit ac- 
 tual hostilities agwnst the Confederate States, or aid or 
 assist the United States in the existing war against the Con- 
 federate States. 
 
 Immediately after taking your oath of office, you will 
 take possession of all the property of every natm-e and kind 
 whatsoever within your district belonging to alien enemies 
 as above defined. 
 
 You will forthwith apply to the clerk of the court for 
 writs of garnishment under the 8th section of the law, and 
 will propound to the garnishees the interrogatories of which 
 a form is annexed. These interrogatories you will pro- 
 pound to the following persons, viz: 
 
 1st. All attorneys and coimsellors practicing law within 
 your district. 
 
 2d. Tlie luesidents and cashiers of all hanks, and princi- 
 pal adiuiii :;,i;r> . Hi is of all railroad and other corpora- 
 tions \Mi: 'I ■> ■ :.| ' . i li't. 
 
 All :iu: i I ii I . .rporations, insurance agents, com- 
 mission 111 I ]i ill-; . i I -aged in foreign trade, agents of for- 
 eign merciiiitile houses, dealers in bills of exchange, exec- 
 utors and administrators of estates, assignees and syndics of 
 insolvent estates, trustees, and generally all persons who 
 are known to do business as agents for others. 
 
 In the first week of each month you will exhibit to the 
 judge a sfcitement showing the whole amount of money in 
 your hands as receiver, and deposit the same lor safe keep- 
 ing in such bank or other depository as may be selected i >r 
 that purpose by the judge— reserving only such amount as 
 
204 
 
 CONFISCATION. 
 
 maybe required for immediate necessary expenditure in the 
 ditichargo of your duties as receivers. 
 
 Whenever, iu the discharge of your duties, you discover 
 that any attorney, agent, former partner, trustee, or other 
 person holding or controllingany property, rights, or credits 
 of an alien enemy, has wilfully failed to give you inlorma- 
 tion of the same, you will immediately report the fact to the 
 district attorney for your district, to the end that the guilty 
 party may be subjected to the pains and penalties prescribed 
 by the thu-d section of the l;iw. 
 
 J. P. BKNJAMIN, Attorney General. 
 
 The following interrogatories to garnishees have been 
 prepared fur your use, together with a note annexed for 
 th" information of the garuidhee: 
 
 1. Uave you now, or have you had in your possession or 
 under your control, since the twenty-first day of May last, 
 (1801,) and if yea, at what time, any land or lands, tene- 
 ment or tenements, hereditament or hereditaments, chat- 
 tel or chattels, right or rights, credit or credits, witliin the 
 Confederate States of America, held, owned, possessed, or 
 eiyoyed for or by an alien enemy, or in or to which any 
 alien enemy bad, and when, since that time, any right, 
 title, or interest, either directly or indirectly? 
 
 2. If you answer any part of the foregoing inteiTOgatory 
 in the affirmative, then set forth, specifically and particu- 
 larly, a description of such property, right, title, credit, or 
 interest, and if you have disposed of it in whole or in part, 
 or of the profit, or rent, or interest accruing therefrom, 
 then state when you made such disposition, and to whom, 
 and where such property now is. and by whom held? 
 
 3. Were you, since the twenty-first day of May, 1861, 
 and if yea, at what time, indebted, either directly or indi- 
 rectlj', to any alien enemy or alien enemies ? If yea, state 
 the amount of such indebtedness, if one, and of each indebt- 
 edness if more tlian one; give the name or names of the 
 creditor or creditors, and the place or places of residence, 
 and state wLether and to what e.^tent such debt or debts 
 have been discharged, and also the time and manner of the 
 discharge. 
 
 4. Da you know of any land or lands, tenement or tene- 
 ments, hereditament or hereditaments, chattel or chattels, 
 right or rights, credit or credits, within the Confederate 
 States of America, or any right or interest held, owned, 
 possessed, or enjoyed, directly or indirectly, by or for one or 
 more alien enemies since the twenty-first day of May, 1801, 
 or in or to which any one or more alien enemies had since 
 that time any claim, title, or interest, direct or indirect? 
 If yea, set forth speci.illy and particularly what and where 
 the property is, and the name and residence of the holder, 
 debtor, trustee, or agent. 
 
 5. State all else that you know which may aid in carry- 
 ing into full effect the sequestration act of the 30th of Au- 
 gust, 1801, and state the same as fully and particularly as 
 if thereunto specially interrogated. A. B., Ileceiver. 
 
 Note — The garnishee in the foregoing interrogatories is 
 specially warned that the sequestration act makes it the 
 duty of each and every citizen to give the information 
 asked in said interrogatories. — [Act SOth August, 1861, sec. 
 2. 1 And if any attorney, agent, former partner, trustee, or 
 other person holding or controlling any property or inte- 
 rest therein of or lor any alien enemy shall fail speedily to 
 inform the receiver of the same, and to render him an ac- 
 account of such property or interest, he shall beguilty of a 
 high misdemeanor and, upon conviition, shall be fined in a 
 sum not I xceediug five thousand dollars, and imprisoned 
 not longer than six months, and be liable to pay besides to 
 the Confederate States double the value of the property or 
 interest of the alien enemies so held or subject ta his con- 
 trol.— .Sec. 3.] 
 
 This act was rigidly enforced. Subjoined 
 are two notices, preserved from the newspapers 
 of the day: 
 
 Thomas T. Giles, who has been appointed receiver for the 
 eastern district of Virginia, has issued a notice addressed 
 " to all whom it may concern," in the following words : 
 
 " I hereby notify every attorney, agent, former partner, 
 trustee, or other person holding or controlling any lands, 
 t jnemonts, or hereditaments, goods or chattels, rights or 
 credits, or any interest therein, within the eastern district 
 of Virginia, of or for any alien enemy of the Confederate 
 fctatcs of America, speedily to inform me, appointed receiver 
 for the said cUstrict, of the same ; and to render to me an 
 account thereof, and, so f;ir as is practicable, to place the 
 B-ime in my hands. Any such person wilfully failing to do 
 E J will be guilty of a high misdemeanor, and liable to bo 
 indicted, convicted, fined, and imprisoned, as provided by 
 h:w. 
 
 "I also notify each and every citizen of the Confederate 
 States speedily to give information to me (as he is required 
 b.v law to do; of any and every lands, tenements, and here- 
 ditaments, goods cml chi'tt;-!.!. rights and credits, within 
 the said eastern district of Virginia, and of every right and 
 
 interest therein held, owned, possessed, or enjoyed by or for 
 any such alien enemy. 
 
 " My office is on the northern side of Main street, in the 
 city of Richmond, between Tenth and Eleventh streets." 
 
 SEQUESTRATION NOTICE. 
 
 Merchants and all other persons residing in Nansemond, 
 Norfolk city, city of Portsmouth, Princess Anno, and Isle 
 of Wight who owe debts to alien enemies, or have property 
 of any kind in their possession, or under their control, b'l- 
 longing to any such alien enemies, and who have failed and 
 neglected to make report thereof, are hereby notified that 
 unless a report of the said debts and information of said 
 property is rendered by them to the undersigned, receiver 
 of this district, on or before Saturday, the SOth instant, they 
 ^\'ill be reported as delinquents and subject to the fine of 
 five thousand dollars imposed by law. 
 
 JOUN T. FRANCIS, 
 Receiver. 
 
 This is a copy of the writ served upon the 
 wife of Hon. Horace Maynard, of Tennessee, 
 while he was in Washington, in attendance 
 upon Congress, quoted in his speech of May 
 23, 1862: 
 To Hon. West H. "RmiVRKEts, Judge of the District Court of 
 
 the Confederate States of America for the District of Ten- 
 nessee : 
 
 The Confederate States of America, through Landon C. 
 Haynes, the receiver for the eastern district of Tennessee, 
 respectfully represents unto your honor that within the ju- 
 risdiction of this court there are [various items of property 
 specifically enumerated.] The said States, by said receiver, 
 show that said property, real, and personal, and mixed, be- 
 longs to one Horace Maynard, who has his domicil and who 
 resides in Kentucky, or some one of the States or districts 
 of the United States, and who is in actual hostility to the 
 Government of the Confederate States of America, and who 
 adheres to the enemy of said States by speeches, words, and 
 acts, giving them aid and comfort in Kentucky and other 
 places in the United States, and is an alien enemy to said 
 Confederate States. All of which are situate and being in 
 the counties of Knox and Campbell, in the Stateand within 
 the district of said receiver. And the said Confederate States 
 further represent that the said property, debts, claims, choses 
 in action, are, as said States have been informed by Siiid re- 
 ceiver, under the control and supervision of Mrs. Maynai-d, 
 wife of said Horace Maynard, and the said W. P. Washburn, 
 who resides in Knox county, in this State, which property is 
 hable to be seized, under the act of the Confederate Con- 
 gress for the sequestration of the estates, property, and ef- 
 fects of aUen enemies. The said Mrs. Maynard and AVash- 
 burn are required to set forth, on oath, and specifically to 
 describe said property, and debts, and choses in action, as 
 they have full knowledge of the same, and answer the inter- 
 rogatories herewith filed, on oath, and marked exhibit A, as 
 a part of this petition. 
 
 The Confederate States of America, through said receiver, 
 therefore pray that the said persons having supervision and 
 control over said property, as aforesaid, who reside in the 
 county of Knox, be made parties to this petition, and thit 
 a copy thereof, together ^^^th notice, be issued by the clerk 
 of this coiu-t to the marshal or his deputy, to be served on 
 said persons. Said Confederate States further pray that your 
 honor direct said property to be seized and sequestrated, and 
 placed in the hands of said receiver, and by him sold or dis- 
 posed of upon such terms and conditions as your honor may 
 direct. And on final hearing, the Confederate States pray 
 for all such other, further, and different relief in the prem- 
 ises as may be consistent with the act of the Confederate 
 Congress. 
 
 LANDON C. HAYNES, 
 Ileceiver for the Eastern District of Tennessee. 
 
 A true copy of the original. 
 
 WrLLiAM G. McAdoo, Clerk, cCc. 
 
 Proceedings were also taken against Judge 
 Catron and Andrew Johnson. 
 
 SUNDRY ITEMS. 
 
 The Southern Commercial Convention which 
 met at Macon, Oct. 16, 1861, passed a series of 
 resolutions in relation to the sequestration act, 
 and recommending that the payment of debts 
 sequestered be not required during the war; 
 that claims for indemnity and indebtedness due 
 the North be allowed as a set-ofF; that the 
 courts be empowered in certain cases to modify 
 the retroactive effect of the bill ; and that the 
 property of northern residents laboring under 
 
COXFISCATIOX. 
 
 205 
 
 ',he disabilities of coverture of infancy be ex- 
 empted. 
 
 The Ri"hmond Enquirer of Oct I4th says : 
 
 " It was understood at Kichmond by a gentleman who is 
 connected with the Department of the Interior, that the 
 returns wero being made of debts du^ to the alien enemies 
 with the utmost promptitude, and tliat from the city of 
 Petersburg there would be reaUzed a sum not less than 
 six hundred thousand dollars. As for Richmond, it was 
 difficult to estimate the aggregate, but the lowest estimate 
 placed it at two millions of dollars." 
 
 The Confederate States Court in Richmond have confis- 
 cated Slo.OOO in the hand of the hankers Purcell, in that 
 city, the projjerty of Ashmead et ah., of Pliiladclphia. 
 
 In April, 1863, the "Confederate" Senate con- 
 sidered a bill to confiscate the leasehold interest 
 and shares of stock owned by the American 
 Telegraph Company and other alien enemies in 
 the lines of telegraph in the Confederate States. 
 Mr. Oldham and Mr. Hill favored the bill, and 
 Mr. Johnson, of Arkansas, and Mr. Johnson, 
 of Georgia, opposed it — the former, because 
 many of the stockholders whose property it 
 was proposed to confiscate were not enemies, 
 but friends living in Washington city and 
 Maryland — the latter because he considered 
 confiscation "an act of legal plunder unworthy 
 of the age.'' The bill was postponed until the 
 next day, and its fate is not known. 
 
 A movement was made about the same time 
 in the Legislature of Virginia, appropriating 
 so much of the public debt of the State and 
 other securities held by resident citizens of the 
 United States and the District of Columbia as 
 may be necessary to indemnify the citizens of 
 Virginia who are loyal to the State for losses 
 sustained by them in consequence of any con- 
 fiscation act of the Congress of the United 
 States, or any other act growing out of the war. 
 
 Up to September 30, 1863, the rebel treas- 
 ury had received from sequestration $1,862. 550 
 27, as reported by the Secretary of the Treasury. 
 
 THE " SEQCESTRATIGN" ACT DECLARED CONSTITU- 
 TIONAL. 
 
 In the fall of 1861, in the first session of the 
 Confederate States Court, in Charleston, after 
 Judge Magrath charged the Jury, the following 
 proceedings are reported to have taken place : 
 
 Mr. Petigru read a writ of garnishment, served upon him, 
 and intenog-.ituries attached, in reference to alien enemy's 
 property. 
 
 JVlr. Petigru said the objection he had to these interroga- 
 tories was, th;a no human authority has the riglit to put 
 tliese questions to him or any one in the same circumstances. 
 He might recognize the authority of South Carolina to do 
 as proposed by the act, because in a State like South Carolina 
 a sufferer has no security or remedy against those in power, 
 unless from some guarantee in the constitution of the State ; 
 /or a State may do whatever it is not forbidden to do by the 
 fundamental law of the. State. But the Confederate States 
 have no such claim to generality. Their authority is con- 
 fined to the constitution which confers it and the powers 
 delegated to them, and whereas, in the case of a sovereign, 
 we must show a guarantee against the power, in the case of 
 the Confederacy they must show a warrant/or their power. 
 
 There is no article in the Constitution of the Confederate 
 States which authorizes them to set up an inquisition, or to 
 proceed otherwise than according to the laws of the hmd. 
 In fact, the best authority for this proceeding is Hudson's 
 treatise on the Star Chamber, in Second CollutancaJuridicia. 
 It will be found that the method prescribed In this confis- 
 cation act is precisely that of the Star Chamber. Tliey call 
 this a writ of garnishment ; Mr. Hudson calls it a subpiena. 
 This calls upon mo to disclose all the cases in my Imowlcdgo 
 of property held by an alien enemy. Mr. Hudson requires 
 the party to appear before the Star Chamber, and answer 
 nil questions which may be put to him. These are alike in 
 being general. There is no plaintiff. It is an inquisition. 
 • * If no such power has been granted, how can such 
 
 a tiling be legal ? * * VTiat is incident to cases of 
 the war power, the grant of the war po%r covei-s ; but duea 
 the war power require the creation of a Star Chamber to 
 wrong and harass our people? * * Where is the 
 authority given? Where is the power to call upon the citi- 
 zen in a new and unhoard-of manner to answer questions 
 upon oath for the purpose of enforciug the confiscation law ? 
 Shall it bo said that it is to furni.-h the means to carry on 
 the war? How can that be said to bo necessary, which is 
 absolutely never known to have been done before t Was there 
 anybody that ever fought before Gen. Beauregard? War 
 unfortunately is not a now thing. Its history is found on 
 every page. Was there ever a law Uko this endured, pnic- 
 ticed, or heard of? It certainly was not found among the 
 people from whom we derive the common law. No Eng^ 
 lish monarch or Parliament has over sanctioned or undei ■ 
 taken such a thing. It is utterly inconsistent with tho 
 common law to recjuire an inquisitorial examination of thf 
 subjects of tho laws of war. It is no more a part of tho law 
 of Wiir than it is a part of the law of peace. « * * 
 
 All that can be s;iid in favor of the end and object pro- 
 posed can be said in favor of the Star Chamber and the 
 Spanish Inquisition. Torquemada set out on the latter in- 
 stitution with the best of motives. It was to save men's 
 souls. He labored most earnestly, in season and out of 
 season; and when high necessity commanded, he burnt 
 their bodies to save their souls. * * « ■\Vo do not con- 
 sider that the end justifies the means in these days, but 
 Torquemada Tnight liave burnt Jews and Protestants, with- 
 out calling upon their best friends to inform against them, 
 and making it penal not to do so. * * * 
 
 The war power includes as an incident, everythiing which 
 is necessary or usual. It cannot be pretended that this is 
 necessary or usual, since it never was done before. This is 
 not the first war that ever was waged ; and the laws of war 
 are not the subject of wild speculation. Now, the means 
 granted to attain this end are based upon the supposition 
 that the end deserves all commendation ; that nothwiginthe 
 world is more calculated to advance the repute of the country 
 than to be keen in searching out tlie property of enemies, and 
 proceeding against them when they luive no opportunity of 
 being heard, and to impoverish them by taking away the 
 earnings of their industry and applying it to other uses. * * 
 It would be the most intolerable hardship for me, for a 
 citizen, at every quarter section to be obliged to tell all he 
 knows or suspects against his neighbor. It is pretended 
 that it is an innocent proceeding. How can that bo inno- 
 cent which calls upon one to commit a breach of trust ? * 
 
 The law protects every man in keeping silence when a 
 question is asked that involves professional confidence. 
 There can be no greater oppression than to compel a per- 
 son to violate a moral or legal duty. 
 
 Something should be said about the objects of this law, 
 for thero is a very common error in suvpo^ing that it ap- 
 plies to the estates of native citizens wuo are living abroad 
 in an enemy's country. The term alien enemy is the only 
 one used in the act. It is a definite, technical construction 
 An alien enemy must be born out of tho legiauce of the 
 sovereign. There can bono dispute about it. He is not an 
 alien enemy if he was born within tho domains of the sov- 
 ereign. A sovereign has a right to rpquiio his return. He 
 may call on him to come home. Wliat is it in the sover- 
 eign's power to do, and what he wtay do with his subject 
 when he refuses to return, is another matter. But until he 
 has been called on by his sovereign to return, a man com- 
 mits no breach of duty in living in an enemy's country, 
 according to law. It is impossible that the makers of the 
 law should not be aware of this, and they seem to have pur- 
 posely left this open for the interposition of humanity. 
 
 Mr. Petigru denied that there was any precedeut for 
 this law; and a freeman could not bo compelled to aid this 
 confiscating law, by informing against both his friends and 
 enemies. It was tliis which moved those brave men, who 
 not only shook the pillars of monarchy to its base, and 
 abolished the Star Chamber, butdid it with the declaration 
 that no such thing should be tolerateil airain. Are we 
 going, in the hey-day of our youth, to set an example which 
 has been rejmdiated by every lover of freedom from the be- 
 ginning of time to this day, which has never found an advo- 
 cate, shocks the conscience, and invades the rights of tho 
 private citizen. 
 
 It is an extraordinary stretch of power, in an extraordi- 
 nary time, when we are endeavoring to make good before 
 the world our right to its respect as an enlightened people, 
 a people capable of self-government, and of governing them- 
 selves in a manner worthy of the civilization and light of 
 the age ; and this act, borrowed from the darkest period of 
 tyranny, is dug up from the very quarters of despotism, and 
 put forward as our sentiments. They are not my sentiments ; 
 and sorry will I bo if in this sentiment I am solitary and 
 alone. * * With regard to that which requires the 
 violation of professional confidence, ho must be better in- 
 structed before making up his mind to the order of responsi- 
 bility or not. There are cases when it is dishonor or death 
 
2C6 
 
 CONFISCATION. 
 
 — end death will etrtcdnty ht cJiosen by every man who de- 
 serves Vic name.. ^ 
 
 Mr. Miles, tUe wstrict A*.tcrney, moved that Mr. Petigru 
 make a return to the court of garnishment, in which the 
 question statiKl by him should be raised, tliat if the first 
 duty which devolveil upon liis Uonor since he had put on 
 his robes, and opened tlie first tLvm of the Confederate court 
 in South Carolina, was to listen to an invective against the 
 Government whose commission he bore, at least so mucli 
 respect might bo paid to the mandate of the court, which 
 issued, with the sanction of his honor's name, that a formal 
 return might he made to it, so that the points made by the 
 respondent, in which not only the constitutionality of the 
 law passed by the Congress of the Confederate States, hut 
 the very authority of that Congress itself, and the validity of 
 the Government which it represents, are dra wn in question, 
 may bo at least set down for argument, and not be al- 
 lowed to be treated only with invective. * « * 
 
 lie might be pardoned, however, if, in pa?8inK,he called 
 the attention of the audience /or whose hene./it the remarks 
 of the respmidcnt seem to hare been made, to the singular 
 position which the succinct respondent to-day for the first 
 time occupied. It was not st.ange that one who had so 
 often distinguished.hiros Ifby the undaunted boldness with 
 •which ho threw himself in opposition to the weight of pub- 
 lic opinion, should be the one who now invoked tho aid of 
 the Court to protect those whom the law of Congress desig- 
 nates as alien enemies, but whom he siill prides himself on 
 calling "fellow-countrymen," from the tyranny of a Govern- 
 ment which attempts to make their property subject to the 
 rules of war. This was consistent with his past position. 
 But it was certainly a remarkable metnmorphosis, that the 
 eminent jurist who fearlessly, and almost alone, in his -op- 
 position to the political sentiments of the Slate, should now 
 invoke the strictest and sternest construction of State 
 rights that had ever been contended for even in South 
 Carolina, in opposition to the power of the Confederate 
 Government to pass a law in relation to a subject-matter 
 expressly intiusted to Congress by the Constitution. 
 
 It is true that the profession of submission to the au- 
 thority of the State in this matter was accompanied by the 
 explanation, that such submission would be given only 
 because there could be no successfulresistance to the tyranny. 
 But even with this qualification, the acknowledgment of 
 tho authority of the State was remarkable from such a 
 quarter. 
 
 Subsequently Judge Magrath, refusing to 
 sustain tlie demurrer of Messrs. Petigru, Mit- 
 chell and Wbaley, sustained the constitution- 
 ality of the act. 
 
 JUDICIAL ACTION UNDER THE CONFISCATION LAW. 
 
 The law has been enforced. The life estate 
 of Joseph R. Anderson, an oflScer in the rebel 
 army, in about 50,000 acres of land in Alle- 
 gany county, Maryland, has been condemned. 
 Also, that of Hunter, Quid, Aiken, Magoffin, 
 Boyce, McQueen, Corcoran, and Flournoy, in 
 lands in Wisconsin. Also of rebel owners, 
 various properties in Washington city, New 
 York, Alexandria, &c. 
 
 In Alexandria, Judge John C. Underwood 
 of the United States District Court for the 
 eastern district of Virginia, has condemned 
 "all the right, title, and interest" of parties 
 under his view of the law, which he thus 
 argues : 
 
 United States VS. the Right., Title, and Interest of Hugh 
 Latham, dc. 
 
 The decree in this and similar cases must depend upon 
 the construction given to article tirird, section third, of the 
 Constitution of the United States, and the legislation of the 
 last Congress for the confiscation of rebel property. 
 
 As the Supremo Court of the United States has never 
 decided tho questions involved in this case, and this court 
 feels constrained to differ from the opinion of the supreme 
 *court of the neighboring district in some recent cases, a 
 brief statr-nifit of tlie reasons of such dissent from the 
 abl< I'll - I , . r ,'j 1 . ourt iiiiiy not be inappropriate. 
 
 T:i I i 1 iiiiiit :'. decree to a condemnation of a 
 
 trail '1 II I . ;iiid interest in the property forfeited 
 
 for tlr- ti iiii <! Iiisowu life, with a reversion to his hoirs, 
 for the ri^a>^()n that it does not consider such limitation 
 warranted by the section and acts of Congress above re- 
 ferred to. The language of the Constitution is as follows : 
 
 " Tho Con.'jrresa shall hiive power to declare the punish- 
 ment of treason, but no attiurider of treason shall work 
 
 corruption of the blood or forfeiture, except during the lite 
 of the person so attiunted." 
 
 The general power to punish treason is expressly granted 
 in the first part of the above constitutional provision. 
 Tho conseiiuoncos of attainder of treason mentioned in the 
 Idttir pint dl' (lie provision would not require notice, as 
 this i< Hit a ( asi' of attainder of treason, were it not for the 
 nUii Hi (• mail' to the limitations of tliis provision in the 
 joint ixiilaiialory resolution passed by Congress July 17, 
 1862. But that reference and the quotation of the limita- 
 tions made it necessary to inquire what was the '' forfeit- 
 ure" to be worked, and when the " work" was to be etTected. 
 
 The authors of the constitutional provision were doubt- 
 less profound lawyers, and used tho term " forfeiture," in its 
 strict technical and well settled legal moaning. Blackstone 
 gives us a whole chi^pter on this important word, which he 
 begins thus : 
 
 "Forfeiture is a punishment annexed by law to some ille-j 
 gal act or negligence in the owner of lands, tenements, and ' 
 hereditaments, whereby he loses all his interest therein, 
 and they go to the party injured as a recompense for the 
 wrong sustained." 
 
 Again, he enumerates " forfeiture," deed, device, &c., as 
 the modes of absolute conveyance of real estate; and it 
 seems clearly that this was the sense in which it was used 
 in the constitutional provision. Besides being good law- 
 yers, the authors were evidently thorough scholars, fami- 
 liar with King James's translation of the Bible and the old 
 English classics, and employed the word " except," in the 
 phrase — "Except during the life of the person attainted," in 
 a sense now nearly obsolete, though common a hundred 
 years ago, and at the date of the Constitution making it 
 synonymous with the word "unless," as in the Bible decla- 
 rations — " Except ye repent ye shall all likewise perish." 
 " Except a man be born again he cannot see the Kingdom 
 of God." "Except these abide in the ship ye cannot be 
 saved." Shakspeare and other English classics abound in 
 examples of the use of this word as a conditional conjunc- 
 tion, but one will suffice : 
 
 The Bishop of Winchester, when accused of sedition in 
 King Henry VI, act III, scene 1, indignantly exclaims— 
 " And for dissension, who preferreth peace, 
 More than I do — except I be provoked?" 
 
 "We find a similar definition of the term in Webster's 
 Dictionary. 
 
 If we use the word " except" in the above sense in the 
 the constitutional provision, or make it read "unless during 
 the life of the person attainted," we shall at once come to 
 the true intent and meaning of the provision, to wit : That 
 the forfeiture was to be perfected during, and not after, the 
 lifetime of the party attainted. 
 
 Bills of attainder were common in the British Parlia- 
 ment. Several of the Colonial Legislatures passed similar 
 acts during the war of the Revolution. They wore sum- 
 mary and sweeping in their character, requiring no process 
 or any action of courts of law, but included in a single bill 
 many persons, and in a single section confiscated all their 
 property, both real and personal. In some cases the dead 
 as well as the living were included in these bills, so tran- 
 sceudingly wicked did the crime of treason appear to our 
 ancestors. The Government thus convicted men of this 
 crime without trial, and after they were dead and buried, 
 taking as a punishment estates which had already descended 
 to their heirs or passed to innocent pm-chasers in good 
 faith. This mode of proceeding was manifestly in violation 
 of the general spirit and i)rinciples of English and Ameri- 
 can criminal laws, by which crimes, trespasses, and torts of 
 every description, from the highest to the lowest, are alone 
 punishable during the life of the wrong-doer, whose death 
 before final judgment is a perpetual stay of all proceedings 
 and all legal consequences. According to the maxim: 
 '■^ Actio personalis, cum persona moritor." The Constitu- 
 tional provision was therefore inserted to correct this harsh 
 anomaly, and to bring the punishment of treason into har- 
 mony with that of all other crimes and misdemeanors. 
 
 It also abolished entirely the cruel doctrine of " corrup- 
 tion of the blood," which prevented the children of a 
 traitor who had been attainted from ever inheriting from 
 or i/iroMjf/i the fiither either title or estate. Its limitation 
 was as to time of working forfeiture and not as to tlie 
 definition of the term or character of the estate forfeited, 
 and it made no distinction between personal and real estate. 
 
 Nor is there anything in the act of Congress of July 17, 
 1862, limiting the forfeiture within more narrow bounds 
 than those of the Constitution. On the contrary, the only 
 fear ever expressed in relation to that act was that it 
 transcended the Constitution. 
 
 Tho only ground for restricting the forfeiture then must 
 be found in the joint resolution of the two Ilouses of Con- 
 gress of tho same date of the act aforesaid. 
 
 The first branch of this resolution w.-is evidently intended 
 to explain the act and to prevent its application in siu h a 
 way as to give it an unconstitutional and ex post facto opor- 
 
CONFISCATION. 
 
 207 
 
 ttfro\i An(^ a careful consMeration of its last clause affords 
 the strongest internal evidence that it also was intondod 
 simply to prevrnt an infriug^mont of the Constitution. Its 
 language is copl-id almost verbatim from tho Constitution. 
 Even the very u ousual legal pliraso, " work a forfeiture," is 
 borrowed from ( ho pamo source, and means finish, porffct 
 and complete, thu necessary legal proceedings for a forfeit- 
 ure or conveyaaco of estate, as we work out or perfect a 
 problew. Tho only variance is tho substitution of tho 
 preposition "boyond"' for tho conjunction "except" iu the 
 phrase " beyO'id tho lif"," instead of "except during tlio 
 life." Cut tJ.v3 similarity of language is so great as to force 
 a convictiOM hat tho last part of the resolution, like tho 
 first part, v c.^ intended to restrain tho courts within the 
 bounds ot "^o Constitution. It cannot be supposed that 
 Congress '/.tended to repeal its own act by the resolution, 
 or so to fraasculate it as to make it worse than a nullity. 
 
 It seems also but reasonable that wa should give such a 
 construction to tho resolution as will, if possible, bring it 
 into harmony with those more weighty and foi-mal instru- 
 ments, the act and the Constitution. The variation of a 
 single word in quoting the Constitution is not surprising 
 when wo consider the probable hurry and pressure which 
 attended tho passage of this resolution among many others 
 on the last day of a long session of Congress. We could 
 hardly expect the same precision of langiiage under such 
 cii-cumstances as in an act passed with matiu-e considera- 
 tion in conimitt«jes, and after three separate readings in 
 each house of Congress. And though the construction 
 given by the court of the District of Columbia would seem 
 xery natural, taking the clause without its connections, yet 
 when we consider those connections, it will appear that our 
 construction will not only best secure the objects of the 
 law. but entirely harmonizes with the act and Constitution, 
 •"thout the least violence to the language of tlie resolu- 
 tion. By quoting the language of the Constitution, the 
 conclusiOD is inevitable that the constitutional authority 
 and power was referred to the action of the courts. 
 
 If the ' onstruction that only a life estate is to be confis- 
 cated sha' 1 be established, the bill passed by Congress on 
 the 17th of July, 1S62, instead of being true to its title, 
 " An Act JO suppress insurrection, to punish treason and 
 rebellior, to seize and confiscate the property of rebels," 
 would is Its effects become an act to prevent the re-settle- 
 ment at« improvement of tho country ; an act to promote 
 jealousy, envy, and hatred between the holders of life 
 estates rsni reversionary interests, and to continue the 
 desolati jns causfed by the rebellion for a whole generation 
 without any benefit to the National Treasury, to the parties 
 interested, or to anybody else except the lovers of discord 
 and officers of law; an act to defeat the leading objects 
 of its own friends in and out of Congress, which objects are 
 well known to be, 1st — by the sale of rebel estates to re- 
 imburse in some degree the immense expenditures incurred 
 in suppressing the rebellion, and 2d — to supply the places of 
 departed rebels with loyal men and bring again into culti- 
 vation and improvement those deserted and wasted esbvtes. 
 But if only a life interest is to be acquired, no purchaser 
 could afford to take on so uncertain a tenure, at even a 
 nominal price, the wasted plantations, and restore the de- 
 stroyed houses and fences by building valuable and perma- 
 nent structures. 
 
 Those of us who remember the condition of the country 
 between the Potomac and the Rappahannock from twenty 
 to forty years ago, the desolation and heart-burning, the 
 agony and despair, the ejectments and expulsions attend- 
 ing the expiration of tho anti-republican life leases of the 
 old proprietor. Lord Fairfax, will certainly pray to be de- 
 livered from a repetition of the scenes which this construc- 
 tion would inevitably produce. Tho life state theory also 
 involves the absurdity that in proportion to the enormity 
 and certainty of the guilt of any person, should be the 
 shortness of the forfeiture of his estate, for in the most 
 flagrant cases tho time between conviction and execution is 
 usually very brief, andforfeiture for that brief period would 
 be 1 )Oth puerile and preposterous. Applying, then, the well 
 settled ruk- of interpretation, that whero two constructions 
 can bo fcivon to a \mtten instrument, that must be pre- 
 sumed which is most just and beneficial to the public in its 
 operation, wo can have no doubt of the meaning of this 
 resolution. 
 
 Judging from the many wise enactments of the last Con- 
 gress, wo should be forced to the belief that its inlentions 
 were uniformly beneficent, and therefore it could not have 
 intended to open the door to such absurdities and calami- 
 ties. We must conclude from its words and connections 
 that the resMution bad its origin in an abundant caution 
 against a violaticn of the Constitution, but was never in- 
 tended to confine the action of the courts within any limits 
 less extended than the Constitution, nor to give a construc- 
 tion to the Constitution. It was not meant to prevent the 
 full and just action of all the proper and letritimate powers 
 of the Government for the punishment of treason. Nor has 
 our construction any color of undue harshness and severity 
 
 toward the great criminals who have brought upon the 
 country this tirrible civil war. In all Christian or civilized 
 nations on the earth, the punishment of treason has been a 
 total forfeiture both of estate and life, and justly so. for it 
 i.<i not in its consequences simply murder, but wholesule 
 murder with all the other crimes of the decalogue adde4 
 thereto. 
 
 And how absurd is the idea that we may take the life of 
 a traitor but may not take that which is less valuable than 
 life, to wit : his property ? Does not the greater always in- 
 clude the less ? 
 
 By tliis court, then, looking for light and guidance to 
 the tribunal of Eternal Justice, it must be held that enough 
 loyal blood, and widows' and orphans' tears, have been 
 poured out and mingled with the soil of Virginia to extin- 
 guish all rebel rights and establish a perfect title in the 
 Government, for the benefit of the heirs of those who have 
 fallen defending the republican institutionsi received from 
 our patriot fathers — institutions which wo are bound to 
 preserve and to transmit unimpaired and, if possible, im- 
 proved and purified to our posterity. 
 
 The point raised by the respondent's counsel against the 
 constitutionality of the law under which tliis suit is brought, 
 because it does not provide a jiu-y trial in any case, is one 
 of very grave import. In the judgment of ^his court it 
 wouldbe much more in the spirit, not only of the Consti- 
 tution, but of the great charter ratified at Kuniiymede, if a 
 respondent, on putting in his answer and taking the oath 
 of allegiance to the Government, was permitted to demand 
 a trial by jury. 
 
 But the decisions of the Supreme Court of the United 
 States in the Dred Scott case, and other cases under the 
 fugitive slave laws of Congi-ess, deprived men of liberty, 
 which is dearer than property, without trial by jury, will 
 not permit this court, especially where no oath of allegiance 
 is ofl'ered by the respondent, to declare the law unconstitu- 
 tional on this ground. 
 
 It is to be hoped, however, that all uncertainty arising 
 from different constructions of the courts may bo speedily 
 removed by the action of the Supreme Court of the United 
 States, or by the explanatory legislation of Congress now 
 about to^be assembled. 
 
 The decree of the court in this case is, that all right, title, 
 interest and estate of the said Hugh Latham, in and to the 
 property mentioned in the libel in this case, be forfeited and 
 confiscated to the United States, and that the marshal of 
 the court proceed to sell said right, title, iuterest and estate 
 at public auction for cash to the highest bidder, after having 
 given ten days' notice of the time, place, and terms of sale 
 of the personal property, and at least twenty days' notice 
 of the time, place, and terms of sale of the real estate, by 
 advertisement in one or more newspapers printed and pub- 
 lished in the cities of Alexandria and Washington. That 
 said marshal deliver the personal property to the purchaser, 
 and also make and deliver a deed of the real estate to the 
 purchaser on the payment of the purchase money therefor, 
 and that the marshal bring the proceeds of said sale into 
 this court to await the further order thereof. 
 
 MILITARY ORDERS.* 
 CONFISCATION OF PEOPERTT. 
 
 The following important military order has 
 been i.s.sued by Major General Wallace: 
 
 He.vdquarteks SIibdle Department, Sth Aemt Corps, 
 Baltimore, Md., April 26, IS&i. 
 [General Orders No. 30.] 
 
 Many citizens of this department have gone voluntarily 
 into the States in rebellion against the United States, some 
 to join the rebel army, others to aid and encourage the re- 
 bellion by their presence and otherwise, who have left prop- 
 erty in real estate, slaves, stocks of various descriptions, and 
 other securities for money in this department. And many 
 citizens of the States in rebellion, who have participated ia 
 and encouraged that movement, have similar property 
 within this department. It is deemed important tliat such 
 property should not bounder the control ni mh 'i | i~>iis, 
 and liable to be used in whole or in part in i ! : -f 
 
 the rebellion, and against the interests of tl I' I i i -. 
 
 It is therefore hereby ordered that the I'i .-. ■ \ :ill 
 
 real estate, the hire of all slaves, tho interest on all il.Ms 
 due from persons in this department, the current interest 
 on all private debts, the dividends and interest on all 
 stocks and bonds of railroad companies, banks, turnpike 
 road companies, manufacturing companies, and public cor- 
 porations, howsoever declared and payable, which are the 
 property of the persons above described, and are within 
 this department, shall be withheld by the persons author- 
 ized, and whose duty it is to pay the same, from such per- 
 sons, their representatives, agents, and attorney.^, liowso- 
 
 * The President has suspended the execution of thoao 
 orders. Moneys paid under them are ordered repaid. 
 
CONFISCATION. 
 
 ever con^titutod ; an<l that the same sh?.ll be paid over to 
 I.i nf u: lit Colonel Ali'XiiiidtT Bliss, Quartermaster of this 
 (!oii:aTiiioiit, or such other agent as the general command- 
 in X may authorize and appoint from time to time. All per- 
 sons li:iTing authority over such property will be hold re- 
 sponsible for such sums as may bo paid in violation of this 
 order, and be otherwise punished by military commission. 
 
 The hire and the proceeds of the labor of such slaves as 
 are in the counties of Maryland in this department, and 
 belonging to the persons above described, will in due pro- 
 portion bo 80t apart and reserved for the use of such slaves 
 when they shall have been freed by the constitutional law 
 of Maryland, as it is hoped they soon will be. 
 
 By command of Major General Wallace : 
 
 SAMUEL B. LAWRENCE, Asst. Adj. Gen. 
 
 Official : J as. R. Ross, A. D. C. 
 
 Headquarters Middle Department, 8th Army Corps, 
 B.U.TIJI0EE, Md., May 1, ISGl. 
 [General Orders No. 33.] 
 
 In order more effectually to carry out the provisions of 
 General Orders No. 30, from those headquarters, it is 
 ordered : 
 
 1st— That the President and directors, or other authorized 
 agents and representatives of all banks, insurance com- 
 panies, railroad, turnpike, ferry, and manufacturing com- 
 panies, and all other monied corporations, institutions, and 
 joint stock companies whatsoever within this military de- 
 partment, shall, Avith the least possible delay, and not later 
 than the loth day of June ne.xt, forward to the office of 
 Lieut. Col. Alexander Bliss, Quartermaster of this depart- 
 ment, a written statement verified under oath by the presi- 
 dent, and by the secretary or treasury of such corporation 
 or company, &c., setting forth the names and address of all 
 the proprietors or stockholders, or others having now or 
 witliiu the past year, any interest whatsoever in the capital 
 stock, the bonds or other debt, funded or otherwise of such 
 corporation or company, or in the dividends, interest, pre- 
 miums or other profits whatsoever ^rising therefrom or from 
 its business, who are, or who since April 19th, 1S61, have 
 been residents of, or have lived within any of the States 
 now in rebellion, or who now are, or who have been in the 
 rebel army, or in the employment of the rebel government, 
 to the best knowledge anil belief of the deponents — the 
 exact amount and nature of the share or other interest of 
 every such person, the date of the commencement of such 
 interest, or of any increase thereof; also, the dates and 
 amounts of all payments of dividends, interest, premiums 
 or other profits by said company since May 1st, 1803, to 
 any such person, or to any one whatsoever on account of 
 any such persons, and the names of those to whom paid. 
 Also the name of any of the said persons to whom any in- 
 terests or profits are now payable, and the amounts and 
 dates wheu due. 
 
 2d. — It is ordered that all corporations, joint stock com- 
 panies, and all individuals within this department, who 
 now owe, or who since May 1st, 1S63, have owed any inter- 
 est upon any mortgage, bond or note, or other security, or 
 who since May 1st, 1863, have paid any interest upon 
 any mortgage, bond, note, or other security, or any 
 other interest, or profit whatsoever to any person of any 
 of the classes enumerated in the preceding p.iragraph, (or 
 to any agent, attorney, or representative of any of the 
 said persons,) shall, with the least possible delay, and not 
 later than the 15th day of June, 1864, forward to the office 
 of Lieutenant Colonel Alexander Bliss, Quartermaster of 
 the Middle department, a written statement verified under 
 oath setting forth the names and address of all persons to 
 whom any such interest has been or is due, or to whom paid, 
 the amount thereof, the amount of the principal upon 
 which it is due or has been paid, the nature of the debt, 
 whether bond, (secured or not by mortgage,) or note, or 
 other security or evidence of debt whatsoever, and the date 
 of ito maturity. 
 
 3d. It is ordered that all corporations and joint stock 
 comjirtniesi, and all individuals witliin tliis department who 
 now cccnpy or enjoy the use of, or since Slay 1st, 1S63, 
 luafd occujfied or enjoyed the use of any lands, tenements, 
 
 buildings, or other real estate whatsoever owned either in 
 whole or in part by, or of which the rent or other proc.'oiU 
 in any m.'inner accrue to, any of the jiersons ot any of the 
 classes above eniuncrated in paragraph 1 of this Order, shall, 
 with the least possible delay, and not later than the 15th 
 day of Juno next, forward to the office of Lieutenant Colonel 
 Alexander Bliss, Quaitermastcr of the Bliddle department, 
 a written statement, vorifi'jd undur oath, setting forth their 
 names and address, the location and description of any such 
 lands, buildings, or other teal estate, the names of the own- 
 ers, lessees, itc, thereof, the rate of the rent or hire thereof, 
 and any amount now due on account of the rent or hii-e 
 thereof, or which have since May 1st, 1803, been due, or 
 which have since that date been paid to any person what- 
 soever, and the names and address of all persons to whom 
 said amounts are or have been due or paid, and the date 
 wheu due or paid. 
 
 4th. It is ordered that all persons in the counties of Ma- 
 ryland witWa this department now luring, or who since 
 January 1st, 1864, have hired slaves, belonging wholly or i:i 
 part, now or within the past year, to any of the persons of 
 tlie class enumerated in paragraph 1 of this Order, shall 
 furnish to Lieutenant Colonel Alexander Bliss, Quarter- 
 master of the Middle department, a written statement, ver- 
 ified under oath, of their names and address, of the number 
 of such slaves hired by them, the rate of hire, the names of 
 the owners of each, the name of each slave, and the names 
 of the persons to whom any payments have been since Jan- 
 uary 1st, 18C4, made, or are now due on account of such 
 hire, the amounts of such payments, and the amovmts now 
 due. , 
 
 And all slaves are required to furnish themselves such of 
 the above information as is in their power, by appearing 
 personally at the above place for that purpose, or otherwise, 
 as they may be able. 
 
 By command of Blajor General Wallace : 
 
 SAMUEL E. LAWRENCE, Asst. AcJj. Gen. 
 
 Official: Max Woodhull, A. D. C. 
 
 THE president's PKOCLAM.A.TION UNDER THE CON- 
 FISCATION LAW. 
 
 In pursuance of the sixth section of the act 
 of Congress entitled " An act to suppress insur- 
 rection, to punish treason and rebellion, to seize 
 and confiscate the property of rebels, and for 
 other purposes," approved July 17, 18G2, and 
 which act, and the joint resolution explanatory 
 thereof, are herewith published, I, Abraham Lin- 
 coln, President of the United States, do hereby 
 proclaim to and warn all persons within the con- 
 templation of said sixth section to cease partici- 
 pating in, aiding, countenancing, or abetting 
 the existing rebellion, or any rebellion, against 
 1 the Government of the United States, and to re- 
 ■ turn to their proper allegiance to the United 
 I States, on pain of the forfeitures and seizures 
 ' as within and by said sixth section provided. 
 I In testimony whereof, I have hereunto set my 
 hand and caused the seal of the United States 
 to be affixed. 
 
 j Done at the city of Washington, this twenty- 
 fifth day of July, in the year of our Lord one 
 thousand eight hundred and sixty-two, and of 
 [ the Independence of the United States the 
 i eighty-seventh. 
 
 ABRAHAM LINCOLN. 
 By the President : 
 
 Wm. H. Seward, Secretary of State. 
 
EMANCIPATION-. 
 
 209 
 
 EMANCIPATION. 
 
 Compensated Emancipation. 
 
 Second Session, Thirty-Sixth Congress. 
 
 IN HOUSE. 
 Feb. 11, 1861— Mr. James B. McKeax, of 
 New York, introduced into the House the fol- 
 lowing resolution, which — Mr. Burxett, of 
 Kentucky, indicating a desire <to discuss it — 
 was laid on the table under the rule, and was 
 not again considered : 
 
 Whereas the "Gulf States" have assumed to secede from 
 the Union, and it is deemed important to prevent the " bor- 
 der slave States"' from following their example ; and whereas 
 it is believed that those who are inflexibly opposed to any 
 measure of comjiromise or concession that involves, or may 
 inv'l-i. r -i'v (if principle or the extension of slavery, 
 (vor.i ' :. ^ I heerfuUy concur in any lawful measure 
 
 for 1 1 : . . : , , . mu of the slaves : Therefore, 
 
 A'' '. I t the select committee of five be instructed 
 to inquire v.h, ther, by the consent of the people, or of the 
 State governments, or by compensating the slaveholders, it 
 be practicable for the General Government to procure the 
 emancipation of the slaves in some, or all, of the '• border 
 States ;■' and if so, to report a bUl for that purpose. 
 
 Sr^cond Session, Thirty-Seventh Congress, 
 
 THE president's RECOMMENDATION TO CONGRESS. 
 
 March 6, 1862— The President sent the fol- 
 lowing message to Congress : 
 I^Uow-CUi:ens of the Senate 
 
 and House of Representatives: 
 
 I recommend the adoption of a joint resolu- 
 tion by your honorable bodies, which shall be 
 substantially as follows : 
 
 Resolved, That the United States ought to co-operate 
 with any State which may adopt gradual abolishment of 
 slavery, giving to such State pecuniary aid, to be used by 
 such State in its discretion, to compensate for the incon- 
 veniences, public and private, produced by such change of 
 system. 
 
 If the proposition contained in the resolution 
 does not meet the approval of Congress and 
 the country, there is the end; but if it does 
 command such approval, I deem it of impor- 
 tance that the States and people immediately 
 interested should be at once distinctly notified 
 of the fact, so that they may begin to consider 
 whether to accept or reject it. The Federal 
 Government-would find its highest interest in 
 such a measure, as one of the most ethcient 
 means of self-preservation. The leaders of the 
 existing insurrection entertain the hope that 
 this Government will ultimately be forced to 
 acknowledge the independence of some part of 
 'he disaffected region, and that all the slave 
 States north of such part will then say, "the 
 Union for which we have struggled being 
 already gone, we now choose to go with the 
 :^nuthern section." To deprive them of this 
 hope, substantially ends the rebellion ; and the 
 initiation of emancipation completely deprives 
 tliem of it as to all the States initiating it. The 
 point is not that all the States toleratingsl.avery 
 would very soon, if at all, initiate emancipation; 
 but that, while the offer is equally made to all, 
 the mure northern shall, by such initiation, 
 make it certain to the more southern that in no 
 14 
 
 event will the former ever join the latter in their 
 proposed confederacy. I say "initiation," be- 
 cause, in my judgment, gradual, and not sudden 
 emancipation, is better for all. In the mere 
 financi-al or pecuniary view, any member of 
 Congress, with the census tables and Treasury 
 reports before him, can readily see for himself 
 how very soon the current/expenditures of thiy 
 war would purchase, at fair valuation, all the 
 slaves in any named State. Such a proposition 
 on the part of the General Government sets up 
 no claim of a right by Federal authority to in- 
 rerfcre with slavery within State limits, refcr- 
 ting, as it does the absolute control of the sub- 
 ject in each case to the State and its people im- 
 mediately interested. It is proposed as a mat- 
 ter of perfectly free choice with them. 
 
 In the annual message last December, I 
 thought fit to say, "the Union must be pre- 
 served ; and hence all indispensable means must 
 be employed." I said this not hastily, but de- 
 liberately. "War has been made, and continues 
 to be an indispensable means to this end. A 
 practical reacknowledgment of the national au- 
 thority would render the war unnecessary, and 
 it would at once cease. If, however, resistance 
 continues, the war must also continue; and it 
 is impossible to foresee all the incidents which 
 may attend, and all the ruin which may follow 
 it. Such as may seem indispensable, or may 
 obviously promise great efEcieucy toward end- 
 ing the struggle, must and will come. 
 
 The proposition now made, though an offer 
 only, I hope it may be esteemed no offence to 
 ask whether the pecuniary consideration ten- 
 dered would not be of more value to the States 
 and private persons concerned, than are the in- 
 stitution, and property in it, in the present as- 
 pect of affairs? 
 
 While it is true that the adoption of the pro- 
 posed resolution would be merely initiatory, 
 and not within itself a practical measure, it is 
 recommended in the hope that it would soon 
 lead to important practical results. In full 
 view of my great responsibility to my God and 
 to my country, I earnestly beg the attention of 
 Congress and the people to the subject. 
 
 ABRAHAM LINCOLN. 
 
 March 6, 18G2. 
 
 IN HOUSE. 
 
 March 10 — Mr. Roscoe Conki-ing, of New 
 York, introduced under a suspension of the 
 i-ules, which was carried— yeas 86, nays 35, 
 this joint resolution : 
 
 Resolved, d-c, That the United States ought to co-operate 
 with any State which may adopt gradual abolishment of sla- 
 very, giving to such Statopecnuiary aid, to bou.-ed by such 
 State initsdiscretion, tocompeiisatefor tlioinc invoniences, 
 public and private, produced by such change of system. 
 
 March 11 — The resolution passed the House 
 of Representatives —yeas 97, nays 36, as fol- 
 lows : 
 
 Teas— Messrs. Aldrich, Arnold, Ashley, Eabbitt, Baker, 
 
210 
 
 EMANCIPATION. 
 
 Baxter, Bcaman, Bingham, Francis P. Blair, Jacob B. Blair, 
 Samuel S. Blair, Blake, ^Villiam O. Brown, BufBnton, Camp- 
 bell. Chamherlain, Clark, Clements, Co6f<, Colfax, Frederick 
 A. Conk; lug, Roscoo Conkliug, Conway, Covode, Cutler, 
 Davit!, Delano, Diven. Duell. Dunn, Edgorton, Edwards, Eliot, 
 Ely. Vr-^j-n.l.'Ti. Ki^li.T, Knuxlmt, Frank, Gooch, GoodTvin, 
 (_ii;:!ij ! !■ "I \, //"/,//('. Il;il". l[ia-rison,llickman,Hooper, 
 li.., : \: ;: M , . J i: 1 1,1 n. is ^ 1 1> v, Fraucis W. Kellogg.Wil- 
 ii:,ii, \ ,. •.., ;\ii,iiiL;rr. I.an.-iiii;, ie/i7>M(7i,Loomis, Lovejoy, 
 .^IcKuiKU., Ma'lKri.-,uii, Jlitciiell, Moorhead, Anson P. Mor- 
 rill, Justin S. Morrill, Nixon, Olin, Patton, Timothy G. 
 Phelps, Pike, Pomeroy, Porter, Alexander 11. Rice, John II. 
 Rico, Kiddle, Edvvard II. Rollins, Sargent, Shanks, Sheflidcl, 
 Slielkiljarger. Sloan, Stratton, B. F. I'homas, Trimble, Trow- 
 liriJge, Vau Valkenburgh, Verree, Wall, 'SVallace, Charles 
 W.-Walton, E. P.Waltou.Whaley, Wheeler, Albert S. White, 
 Wilson, Windom, Worcester — 97. 
 
 Nays — Messrs. Ancona,Joseph Baily, Fiddle, Calvert, Com- 
 ii-ff. Cox, ('riiveiis, Vrisfield, Crittenden, Dunlap, English, Gri- 
 I'cr, Ilardi}ifi, Johnson, Ktiapp, Law.henry. Mallory, Menzics, 
 Morrif, Xo'de, Norton, Pendleton, Perry, Richardson, Rohin- 
 son, Sldrl, John B. Steclf, Francis Thomas, Voorhe.es. Wads- 
 worth, Ward, Chilton A. White, Wickliffe, Wood, Woodruff— ZQ. 
 April 2 — The resolution passed the Senate — 
 yeas 32, nays 10, as follows 
 
 Yeas — Messrs. Anthony, Browning, Chandler, Clark, 
 CoUaiuer, Ihii'is, Dixon, Doolittle.Fessenden, Foot, Foster, 
 Grimes, Hale, Harlan, Henderson, Howard, Howe, King, 
 Lane of Indiana, I.ane of Kansas, Morrill, Pomeroy, Sher- 
 man, Sumner, Ten Eyck, T?(o»iwre, Trumbull, Wade, Wil- 
 kinson, Willey, Wilmot, Wilson of Massachusetts — 32. 
 
 Nays — M essrs. Bayard, Carlile, Kennedy, Latham, Nesmith, 
 Powell, Saukbury, Stark, Wilson, of Missouri, Wright — 10. 
 
 MEMORANDUM OF AN INTERVIEW BETWEEN THE 
 
 PRESIDENT AND SOME BORDER SLAVE STATE 
 
 REPRESENTATIVES, MARCH 10, 1862, BY HON. 
 
 J. W. CBISPIELD. 
 
 " Dear Sir : I called, at the request of the President, to 
 ask you to come to the White House to-morrow morning, 
 at nine o'clock, and bring such of your colleagues as are in 
 tow a." 
 
 Washington, March 10, 1862. 
 
 Yesterd.Ty on my return from church I found 
 .Mr. Postmaster General Blair in. my room, 
 writing t-he above note, which he immediately 
 suspended, and verbally communicated the 
 President's invitation; and stated that the 
 President's purpose was to have some conver- 
 sation with the delegations of Kentucky, Mis- 
 souri, Maryland, Virginia, and Delaware, in 
 explanation of his message of the 6th inst. 
 
 This morning these delegations, or such of 
 Ihem as were in town, assembled at the White 
 House at the appointed time, and after some 
 little delay were admitted to an audience. Mr. 
 Leary and myself were the only members from 
 Maryland present, and, I think, were the only 
 members of the delegation at that time in the 
 city. I know that Mr. Pearce, of the Sena'e, 
 and Messrs. Webster and Calvert, of the Houie, 
 were absent. 
 
 After the usual salutations and we were 
 seated, the President said, in substance, that 
 he had invited us to meet him to have some 
 conversation with us in explanation of his mes- 
 sage of the 0th ; that since he had sent it in 
 several of the gentlemen then present had 
 visited him, but had avoided any allusion to 
 the nies?age, and he therefore interred that the 
 import of the message had been misunderstood, 
 aud was regarded as inimical to the interests 
 we represented ; and he had resolved he would 
 talk with us, and disabuse our minds of that 
 erroneous opinion. 
 
 The President then disclaimed any intent to 
 injure the interests or wound the sensibilities 
 of the slave States. On the contrary, his pur- 
 
 [ pose was to protect the one and respect the 
 other ; that we w^ere engaged in a terrible, 
 wasting, and tedious war ; immense armies 
 were in the field, and must continue in the field 
 as long as the war lasts; that these armies 
 must, of necessity, be brought into contact with 
 slaves in the States we represented and in other 
 Slates as they advanced; that slaves would 
 come to the camps and continual irritation was 
 kept up; that he was constantly annoyed by 
 conflicting and ant igonistic complaints ; on the 
 one side, a certain class complained if the slave 
 was not protected by the army ; persons were 
 frequently found who, participating in these 
 views, acted in a way unfriendly to the slave- 
 holder ; on the other hand, slaveholders com- 
 plained that their rights were interfered with, 
 their slaves induced to abscond and protected 
 within the lines ; these complaints were numer- 
 ous, loud, and deep ; were a serious annoyance 
 to him and embarrassing to the progress of the 
 war ; that it kept alive a spirit hostile to the 
 Government in the States we represented ; 
 strengthened the hopes of the confederates that 
 at some day the border States would unite with 
 them, and thus tend to prolong the war ; and 
 he was of opiiison, if this resolution should be 
 adopted by Congress and accepted by our States, 
 these causes of irritation and these hopes would 
 be removed, and more would be accomplished 
 towards shortening the war than could be hoped 
 from the greatest victory achieved by Union 
 armies ; that he made this proposition in good 
 faith, and desired it to be accepted, if at all, 
 voluntarily, and in the same patriotic spirit in 
 which it was made; that emancipation was a 
 subject exclusively under the control of the 
 States, and must be adopted orrfjected by each 
 for itself; that he did not claim nor had this 
 Government any right to coerce them for that 
 purpose ; that such was no part of his purpose 
 in making this proposition, and he wished it tc 
 be clearly understood ; that he did not expect 
 us there to be prepared to give him an answer, 
 but he hoped we would take the subject into 
 serious consideration ; confer with one another, 
 and then take such < ourse as we felt our duty 
 and the interests of our constituents required 
 of us. 
 
 Mr. N)ELL, of Missouri, said that in his 
 State slavery was not considered a permanent 
 institution; that natural causes were there in 
 operation which would, at no distant day, ex- 
 tinguish it, and he did not think that this prop- 
 osition was necessary for that ; and, besides 
 that, he and his friends felt solicitous as to the 
 message on account of the dififereut construc- 
 tions which the resolution and message had 
 received. The New York Tribune was for it, 
 and understood it to mean that we must accept 
 gradual emancipation according to the plan 
 buggested, or get something worse. 
 
 The President replied, he must not be ex- 
 pected to quarrel with the iVew York Tribune 
 before the right time; he hoped never to have 
 to do it ; he would not anticipate events. In 
 respect to emancipation in Missouri, he said 
 that what had been observed by Mr. Noell was 
 probably true, but the operation of these nat- 
 ural causes had not prevented the irritating 
 
EJIANCIPATION". 
 
 211 
 
 conduct to which he hadrefen'cd, or destroyed 
 the hopes of the Confederates that Missouri 
 would at some time range herself alongside of 
 them, which, in his judgment, the passage of 
 this resolution by Congress and its acceptance 
 by Missouri would accomplish. 
 
 Mr. Crisfield, of Maryland, rtsked what 
 would be the effect of the refusal of the State 
 to accept this proposal, and desired to know if 
 the President looked to any policy beyond the 
 acceptance or rejection of this scheme. 
 
 The President replied that he had no designs 
 beyond the action of the States on this particu- 
 lar subject. He should lament their refusal to 
 accept it, but he had no designs beyond their 
 refusal of it. 
 
 Mr. Menzies, of Kentucky, inquired if the 
 President thought there was any power except 
 in the States themselves to carry out his 
 scheme of emancipatiou. 
 
 The President replied, he thought there 
 could not be. He then went oif into a course 
 of remark not qualifying the foregoing decla- 
 ration nor material to be repeated to a just un- 
 derstanding of his meaning. 
 
 Mr. Crisfield said he did not think the 
 people of Maryland looked upon slavery as a 
 permanent institution ; and he did not know 
 that they would be very reluctant to give it up 
 if provision was made to meet the loss, and 
 they could be rid of the race ; but they did not 
 like to be coerced into emancipation, either by 
 the direct action of the Government or by indi- 
 rection, as through the emancipation of slaves 
 in this District, or the confiscation of southern 
 property as now threatened ; and he thought 
 before they would consent to consider this 
 proposition they would require to be informed 
 on these points. 
 
 The President replied that, " unless he was 
 expelled by the act of God or the Confederate 
 armies, he should occupy that house for three 
 years, and as long as he remained there Mary- 
 land had nothing to fear, either for her institu- 
 tions or her interests, on the points referred to." 
 
 Mr. Crisfield immediately added : " Mr. 
 President, if what you now say could be heard 
 by the people of Maryland they would consider 
 your proposition with a much better feeling 
 than I fear without it they will be inclined to 
 do." 
 
 The President. "That (meaning a publi- 
 cation of what he said) will not do; it would 
 force me into a quarrel before the proper time ;" 
 and, again intimating, as he had before done, 
 that a quarrel with the " Greeley faction" was 
 impending, he said " he did not wish to en- 
 counter it before the proper time, nor at all if 
 it could be avoided." 
 
 Governor Wickliffe, of Ky., then asked him 
 respecting the constitutionality of his scheme. 
 
 The President replied : " As you may sup- 
 pose, I have considered that ; and the proposi- 
 tion now submitted does not encounter any 
 constitutional diflQculty. It proposes simply to 
 co-operate with any State by giving such State 
 pecuniary aid ; and he thought that the reso- 
 lution, as proposed by him, would be consid- 
 ered rather as the expression of a sentiment 
 than as involving any constitutional question." 
 
 Mr. Hall, of Mo., thought that if this pro- 
 position was adopted at all it should be by the 
 votes of the free States, and come as a propo- 
 sition from them to the slave States, affording 
 them an inducement to put aside this suljject 
 of discord; that it ought not to be expected 
 that members representing slaveholding con- 
 stituencies should declare at once, and in ad- 
 vance of any proposition to them, for the 
 emancipation of slavery. 
 
 The President said he saw and felt the force 
 of the objection ; it was a fearful responsibility, 
 and every gentleman must do as he thought 
 best; that he did not know how this scheme 
 was received by the members from the free 
 States ; some of them had spoken to him and 
 received it kindly ; but for the most part they 
 were as reserved and chary as we had been, 
 and he could not tell how they would vote. 
 And in reply to some expression of Mr. Hall 
 as to his own opinion regarding slavery, he 
 said he did not pretend to disguise his anti- 
 slavery feeling ; that he thought it was wrong 
 and should continue to think so; but that was 
 not the question we had to deal with now. 
 Slavery existed, and that, too, as well by the 
 act of the North as of the South ; and in any 
 scheme to get rid of it, the North, as well as 
 the South, was morally bound to do its full and 
 equal share. He thought the institution wrong, 
 and ought never to have existed ; but yet he 
 recognized the rights of property which had 
 grown out of it, and would respect those rights 
 as fully as similar rights in any other property ; 
 that property can exist, and does legally exist. 
 He thought such a law wrong, but the rights 
 of property resultiug must be respected ; he 
 would get rid of the odious law, not by violat- 
 ing the right, but by encouraging the proposi- 
 tion and offering inducements to give it up. 
 
 Here the interview, so far as this subject is 
 concerned, terminated by Mr. Crittenden's 
 assuring the President that, whatever mights 
 be our final action, we all thought him solely 
 moved by a high patriotism and sincere devo- 
 tion to the happiness and glory of his country ; 
 and with that conviction we should consider 
 respectfully the important suggestions he had 
 made. 
 
 After some conversation on the current war 
 news, we retired, and I immediately proceeded 
 to my room and wrote out this paper. 
 
 J. W. CRISFIELD. 
 
 We were present at the interview described 
 in the foregoing paper of Mr. Crisfield, and 
 we certify that the substance of what passed 
 on the occasion is in this paper faithfully and 
 fully given. 
 
 J. W. MENZIES. 
 J. J. CraXTENDEN, 
 E. MALLOKY. 
 
 March 10, 1862. 
 
 compensated emancipation in the district of 
 columbia. 
 April 16 — A bill was passed liberating all 
 persons of African descent held to service or 
 labor within the District of Columbia, and pro- 
 biV>iting slavery or involuntary servitude in the 
 
212 
 
 EMANCIPATION-. 
 
 District except as a punishment for crime. It 
 provided for a commission to appraise tlie val- 
 uation of the slaves liberated, but limited their 
 allowance in the aggregate to an amount equal 
 to $300 per slave ; and appropriated $1,000,000 
 to pay loyal owners, aud $100,000 to colonize 
 such of the slaves as desired to emigrate to 
 Hayti or Liberia, this expenditure not to ex- 
 ceed $100 for each person emigrating.* 
 
 * Pending the civil appropriation bill in the Senate and 
 House, June 25 and 29, 1S64, a section was adopted without 
 a division, repealing this section, and also thut part of the 
 first section of the civil appropriation bill of July 16, 1802, 
 which appropriated §500,000 to colonize emancipated slaves 
 of the District of Columbia, to be repaid to the Treasury out 
 of the proceeds of confiscated property. 
 
 This report from the Secretary of the Interior, March 7, 
 1864, to the President, gives astatementof the results of the 
 experiment : 
 
 Department of the Interior, 
 Washington, D. C, March 7, 1S64. 
 Sir : I have the honor to return herewith the letter of 
 Hon. Benjamin F. Wade, chairman of the Committee on 
 Territories in tlie Senate, requesting to bo informed how 
 much of the fund appropriated by the Thirty-Seventh Con- 
 gress for colonization purposes has been paid ont, for what 
 purpose, and to whom, which you referred to this Depart- 
 ment for report, and to state that as the accounts of all the 
 persons to whom money was advanced for colonization pur- 
 poses have not yet been finally settled at the Treasury, I 
 am not able, at the present time, to state the exact amount 
 actually expended. The total amount drawn from the 
 Tretisury up to the present time, however, is S33,226 97. 
 
 It was paid or advanced to the following named persons, 
 and for the objects herein stated : 
 Amount paid to John D. Defrees, Superintendent 
 of Public Printing, for binding in paper 5,000 
 
 copies " White and African Races" $127 50 
 
 Amount paid Green & Williams for six cane-seat 
 
 ch;tirs „ 12 00 
 
 Amount advanced Hon. S. C. Pomeroy, special 
 
 agent for colonization in Central America 25,000 00 
 
 Amount p:iid Watt J. Smith for traveling ex- 
 penses to New York and bacli 
 
 Amount paid John P. Usher for traveling ex- 
 penses to New York and back, and for advance 
 made to agent sent to the East to obtain in- 
 formation in relation to colonization 
 
 Amount paid James Mitchel, for clerical services 
 of W. B. Smith and Thomas R. Smith; for ser- 
 vices of Kev. A. Bemar, (colored minister;) and. 
 for advance to J. E. WilUams, (colored,) agent 
 
 of A. W. Thompson 
 
 Amount advanced Rev. R. R. Gurley, correspond- 
 ing secretary of the American Colonization So- 
 ciety, to aid the Rev. Chancey Leonard, pastor 
 of the Fiist Baptist Church in Washington city, 
 in visiting Liberia, with reference to the estab- 
 
 mcut of a colony on the St. John's river 
 
 Amount paid Augustus A. Smith, as clerk 
 
 Amount paid J. Mitchell, forofficefurnitiu-e,and 
 
 for services of J . W. Menard, in emigration oflBce 
 
 Amount paid J. W. Menard, for services as clerk 
 
 in emigration office 
 
 Amount paid Aug. A. Smith, for services as clerk 
 Amount paid J. W. Fitzhugh, for furniture for 
 
 oniigrati'n office 
 
 Amount paid James iMitchell to 31st December, 
 
 1 SOS, as agent of emigration 2, 
 
 Amount advanced to D. C. Donnohue, to defray 
 his expenses as special agent to He S, Vache.... 
 Amount paid Cronin, Hurxthal & Sears, for cloth- 
 ing pmchased and sent to colonists at He k 
 
 Vache 
 
 Amount paid to Hurxthal & Barnum, for clothing 
 purchased and sent to colonists at He h, Vache. 
 Amount paid American Colonization Society, for 
 passage engaged for J. W. Menard to Liberia... 
 Amount paid American Colonization Society, for 
 passage, <tc., to Liberia of three colored emi- 
 grants from the District of Columbia 
 
 Amount paid Wilson & Cammann, for draft of 
 
 D. C. Doiiuohue, special agent 
 
 Amovmt paid Ilallet Kilbourn, for traveling ex- 
 penses to New York as special agent to pm-- 
 chase clothing for the relief of the colonists at 
 He k Vache ^ 
 
 52 40 
 
 152 40 
 
 112 00 
 
 200 00 
 18 33 
 
 60 00 
 
 50 00 
 100 00 
 
 326 15 
 
 46 
 
 300 00 
 
 900 00 
 
 1,786 33 
 
 95 00 
 
 285 00 
 750 00 
 
 61 40 
 
 Making in all 33,226 97 
 
 April 3 — The bill passed the Senate— yeas 
 29, nays 14; as follows: 
 
 Yea.s — Messrs. Atithony, Browning, Chandler, Clark, Col- 
 lamcr, Dixon, Doolittle, Fessendon, Foot, Foster, Grimes, 
 Hale, Harlan, Harris, Howard, Howe, King, Lane of Indi- 
 ana, Lane of Kansas, Morrill, Pomeroy, Sherman, Sumner, 
 Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of 
 Massachusetts— 29. 
 
 Nays — Messrs. Bayard, CarliU, DavU, Henderson, Ken- 
 ned'/, Latham, McVoiif/all, Nes-niitli, Powell, Saidsbwy, Stark, 
 Willey, Wilson of Missom-i, Wright— 1\. 
 
 April 1 1 — It passed the House — yeas 92, nays 
 39, as follows : 
 
 Yeas— Jlcssrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baker, Baxter, Beaiiian, Bingham, Francis P. Blair, Samuel 
 S. Bhiir, Blake, George H. Browne, Buffinton, Campbell, 
 Chamberlain, Clark, Colfax, Frederick A. Conkling, Roscoe 
 Conkling, Covode, Davis, Dawes, Delano, Diven, Duoll, Dunn, 
 Edgertou, Edwards, Eliot, English, Fenton, Fessenden, 
 Fisher, Franchot, Frank, Gooch, Goodwin, Granger, Haight. 
 Hale, Hanchett, Harrison, Hickman, Hooper, Hutchins, 
 Julian, Kelley, Francis W. Kellogg, Killinger, Lansing, 
 Loomis, Lovejoy, McKnight, McPherson, Mitchell, Moor- 
 head, Anson P. Morrill, Justin S. Morrill, Nixon, OdeU,OUn. 
 Patton, Pike, Porter, Potter, Alexander II. Rice, John U. 
 Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, 
 Sheffield, Shellabarger, Sloan, Spaulding, Stevens, Stratton, 
 Benjamin F. Thomas, Train, Trowbridge, Van Horn, Van 
 Valkenburgh, Verree, Wallace, E. P. Walton, Washburne, 
 Wheeler, Albert S. White, Wilson, Windom— 92. 
 
 Nays — Messrs. Allen, Joseph BaiUj, Biddle, Jacob B. Blair, 
 William G. Brown, Casey, Crittenden, Delaplaine, Dunlap, 
 Grider, Hall, Harding, Holinan, Johnson, Knapp, Law, La- 
 zear, Mallory, Menzies, Morris, Nohle, Norton, Nvgen, Pen- 
 dktcm. Perry, Price, James S. Rollins, Sliiel, John B. Steele, 
 William G. Steele, Francis Thomas, Vallandigham, Voor- 
 hees, Wadsworth, Ward, Cliiltm A. White, WicUiffe, Wright 
 —39. 
 
 April 16 — The Pkesident sent to Congress 
 this message : 
 Fellow-Citizens of the Senate and 
 
 House of Representatives : 
 
 The act entitled "An act for the release of 
 certain persons held to service o'r labor in the 
 District of Columbia," has this day been ap- 
 proved and signed. 
 
 I have never doubted the constitutional au- 
 thority of Congress to abolish slavery in this 
 District ; and I have ever desired to see the na- 
 tional capital freed from the institution in some 
 satisfactory way. Hence there has never been 
 iu my mind any question upon the subject ex- 
 cept the one of expediency, arising in view of 
 all the circurastauces. If there be matters 
 within and about this act which might have 
 taken a course or shape more satisfactory to my 
 judgment, I do not attempt to specify them. I 
 am gratified that the two principles of compen- 
 sation aud colonization are both recognized and 
 practically epplied in the act. In the matter 
 of compensation, it is provided that claims may 
 be presented within ninety days from the pass- 
 age of the act, " but not thereafter ;" and there 
 
 It is proper that I should state that the claim of Messrs. 
 Forbes & Tuckerman, for trausporting a number of emi- 
 grants to Ho i Vache, iis not yet liquidated, and that the 
 colonization fund is also liable for the expenses which have 
 been incurred by the special agent sent by the Government 
 to He a, Vache to look into and report upon the condition 
 of the colonists there. The agent has not yet returned, 
 and consequently the expenses incurred by him cannot 
 now be ascertained. It is also liable for the expenses of 
 the vessel sent out to return the colonists to the United 
 States. 
 
 IN HOUSE. 
 
 April 5 , 1864— Mr. Cox asked leave to offer this resolution, 
 but it was objected to: 
 
 Rcsohed, Tliat the Secretary of State communicate to 
 this House all correspondence between our consul at Aux 
 Cayes and the State Department in regard to our colony 
 ot blacks at the Isle i^ Vache. 
 
EMANCIPATION. 
 
 213 
 
 is no saving for minors, fermnes covert, insane, or 
 aosent persons. I presume this is an omission 
 by mere oversight, and I recommend that it be 
 supplied by an amendatory or supplemental act. 
 ABHAHAM LINCOLN. 
 An amendatory bill, meeting the President's 
 suggestions, was passed in the House — yeas 
 69, nays 36 ; and in the Senate — yeas 28, nays 
 6, and approved by bim. 
 
 COMPENSATED EMANCIPATION IN THE BOEDER 
 STATES. 
 
 IN HOUSE. 
 
 1862, April 7 — Mr. Albert S. White, of In- 
 diana, offered a resolution for the appointment 
 of a select committee of nine members, to re- 
 port whether any plan can be proposed and 
 recommended for the gradual emancipation of 
 all the African slaves, and the extinction of 
 slavery in Delaware, Maryland, Virginia, Ken- 
 tucky, Tennessee, and Missouri, by the people 
 or local authorities thereof, and how far and 
 in what way the Government of the United 
 States can and ought equitably to aid in facili- 
 tating either of the above objects. 
 
 Mr. Malloey moved to lay the resolution on 
 the table, whicb was disagreed to — yeas 51, nays 
 68 ; and the resolution was adopted — yeas 67, 
 nays 52, as follows: 
 
 Yeas — Messrs. Alley, Arnold, Ashley, Babbitt, Baker, 
 Baxter, Beaman, Bingham, Francis P. Blair, Blake, Buffin- 
 ton, Campbell, Chamberlain, Clark, Colfax, Frederick A. 
 Conkling, Davis, Dawes, Duell, Edgerton, Eliot, Fenton, 
 Fessenden, Gurlej-, Hanchett, Hickman, Hutchins, Julian, 
 Kelley, Francis W. Kellogg, Lansing, Loomis, Lovejoy, Mc- 
 Knight, McPherson, Moorhead, Anson P. Morrill, Justin S. 
 Morrill, Nixon, Olin, Pike, Pomeroy, Potter, Alexander H. 
 Riee, John H. Eice, Riddle, Edward H. Rollins, Sargent, 
 Shanks, Sheffield, Shellabarger, Sherman, Sloan, Stevens, 
 Stratton, Tr;un, Van Horn, Van Valkenburgh, Verree, Wal- 
 lace, Charles W. Walton, E. P. Walton, Washburne, 
 Wheeler, Albert S. White, 'Wilson, Windom— 67. 
 
 Nays— Messrs. Alien, BidcVr, Jacob B. Blaii-, Gaorge. H. 
 Browne, WilUam G. Brown, C ' '. ('- y. Cobb, Corning, 
 Cox, Cravens, Crittenden,VivV)\' . : • , Iiiven, Dunlap, 
 
 English, Fisher, Grider,Haii , : i . I i.trrison, Horton, 
 
 Kerrigan, Knapp, Law, J." : r. i . /. ■mun!, Mallort/, 
 
 Menzies, Mitchell, 3^ " -, -'\ . , . . B adkton. 
 
 Perry, Timothy G. I" , . / . 1. .' '. Smith, 
 
 John B. Steele, Wt: , ' . . i , ],'-n,rcs, 
 
 Wadsworth, Ward,^\ ■-':•:■ i\ ' ^ .- , .1.1,', , li , ,',_„.— 52. 
 
 April 14 — The Speaker appointed the com- 
 mittee as follows : Albert S. White of Indiana, 
 Francis P. Blair of Missouri, George P. Fisher 
 of Delaware, William E. Lehman of Pennsyl- 
 vania, C. L. L. Leary of Mai'yland, K V. Wha- 
 ley of Virginia, James F. Wilson of Iowa, 
 Samuel L. Casey of Kentucky, and Andrew J. 
 Clements of Tennessee. 
 
 In July, 1862, the President requested and 
 obtained an interview with the border State 
 Congressmen, the result of which is contained 
 in this statement: 
 
 THE president's APPEAL TO THE BOEDER 
 STATES. 
 
 The Representatives and Senators of the bor- 
 der sJaveholding States having, by special in- 
 vitation of the President, been convened at the 
 Executive Mansion, on Saturday morning last, 
 (July 12,) Mr. Lincoln addressed them as fol- 
 lows from a written paper held in his hand: 
 
 " Gentlemen: After the adjournment of Con- 
 gress, now near, I shall have no opportunity 
 of seeing you for several mouths. Believing 
 
 tuat you of the border States hold more power 
 for good than any other equal number of mem- 
 bei-s, I feel it a duty which I cannot justifiably 
 waive, to make this appeal to you. 
 
 "I intend no reproach or complaint when I 
 assure you that, in my opinion, if you all had 
 voted for the resolution in the gradual emanci- 
 pation message of last March, the war would 
 now be substantially ended. And the plan 
 therein proposed is yet one of the most potent 
 and swift means of ending it. Let the States 
 which are in rebellion see definitely and cer- 
 tainly that in no event will the States you rep- 
 resent ever join their proposed Confederacy, 
 and they cannot much longer maintain the con- 
 test. But you cannot divest them of their hope 
 to ultimately have you with them so long as 
 you show a determination to perpetuate the 
 institution within your own States. Beat them 
 at elections, as you have overwhelmingly done, 
 and, nothing daunted, they still claim you as 
 their own. You and I know what the lever of 
 their power is. Break that lever before their 
 faces, and they can shake you no more forever. 
 
 " Most of you have treated me with kind- 
 ness and consideration, and I trust you will 
 not now think I improperly touch what is ex- 
 clusively your own, when, for the sake of the 
 whole country, I ask, ' Can you, for your 
 States, do better than to take the course I 
 urge ?' Discarding punctilio- and maxims 
 adapted to more manageable times, and look- 
 ing only to the unprecedentedly stern facts of 
 our case, can you do better in any possible 
 event ? You prefer that the constitutional re- 
 lations of the States to the nation shall be 
 practically restored without disturbance of the 
 institution ; and, if this were done, my whole 
 xluty, in this respect, under the Constitution 
 and my oath of ofiice, would be performed. But 
 it is not done, and we are trying to accomplish 
 it by war. The incidents of the war cannot be 
 . avoided. If the war continues long, as it must, 
 if the object be not sooner attained, the insti- 
 tution in your States will be extinguished by 
 mere friction and abrasion — by the mere inci- 
 dents of the war. It will be gone, and jou will 
 have nothing valuabV' in lieu of it. Much of 
 its value is gone al.uady. How much better 
 for you and for your people to take the step 
 which at once shortens the war and secures 
 substantial compensation for that ■which is 
 sure to be v>'holly lost in any other event! 
 How much better to thus save the money which 
 else we sink forever in the war ! How much 
 better to do it while we can, lest the war ere 
 long render us pecuniarily unable to do it ! 
 How much better for you, as seller, and the 
 nation, as buyer, to sell out and buy out that 
 without which the war could never have been, 
 than to sink both the thing to be sold and the 
 price of it in cutting one another's throats ! 
 
 " I do not speak of emancipation at once, but 
 of a decision at once to emancipate gradually. 
 Room in South America for colonization can be 
 obtained cheaply and in abundance, and wlien 
 numbers shall be large enough to be company 
 and encouragement for one another, the freed 
 people will not be so reluctant to go. 
 
 " I am pressed with a difBculty not yet men- 
 
214 
 
 EMANCIPATION. 
 
 tioned, one which threatens division among 
 those who, united, are none too strong. An in- 
 stance of it is known to you. General Hunter 
 is an honest man. He was, and I hope still is, 
 my friend. I valued him none the less for his 
 agreeing with me in the general wish that all 
 men everywhere could be freed. He proclaimed 
 all men free within certain States, and I repu- 
 diated the proclamation. He expected more 
 good and less harm from the measure than I 
 could believe would follow. Yet, in repudiat- 
 ing it, I gave dissatisfaction, if not offence, to 
 many whose support the country cannot afford 
 to lose. And this is not the end of it. The 
 pressure in this direction is still upon me, and 
 is increasing. By conceding what I now ask 
 you can relieve me, and, much more, can relieve 
 the country in this important point. 
 
 " Upon these cou.siderations I have again 
 begged your attention to the message of March 
 last. Before leaving the Capitol, consider and 
 discuss it among yourselves. You ai-e patx-iots 
 and statesmen, and as such I pray you consider 
 this proposition ; and at the least commend it 
 to the consideration of your States and people. 
 As you would perpetuate popular government 
 for the best people in the world, I beseech you 
 that you do in nowise omit this. Our common 
 country is in great peril, demanding the loftiest 
 views and boldest action to bring a speedy re- 
 lief. Once relieved, its form of government is 
 saved to the world, its beloved history and 
 cherished memories are vindicated, and its 
 happy future fully assured and rendered incon- 
 ceivably grand. To you, more than to any 
 others, the privilege is given to assure that 
 happiness and swell that grandeur, and to link 
 your own names therewith forever." 
 
 At the conclusion of these remarks some 
 conversation was had between the President 
 and several members of the delegations from 
 the border States, in which it was represented 
 that these States could not be expected to move 
 in so great a matter as that brought to their 
 notice in the foregoing address while as yet 
 the Congress had taken no step beyond the 
 passage of a resolution, expressive rather of a 
 sentiment than presenting a substantial and 
 reliable basis of action. 
 
 The President acknowledged the force of 
 this view, and admitted that the border States 
 were entitled to expect a substantial pledge of 
 pecuniary aid as ihe condition of taking into 
 consideration a proposition so important in its 
 relations to their social system. 
 
 It was further represented, in the conference, 
 that the people of the border States were in- 
 terested in knowing the great importance 
 which the President attached to the policy in 
 question, while it was equally due to the 
 country, to the President, and to themselves, 
 that the representatives of the bordt r slave- 
 holding States should publicly announce the 
 motives under which they were called to act, 
 and the considerations of public policy urged 
 upon them and their constituents by the Presi- 
 dent. 
 
 With a view to such a statement of their 
 position, the members thus addressed met in 
 council to deliberate on the reply they should 
 
 make to the President, and, as the result of a 
 comparison of opinions among themselves, 
 they determined upon the adoption of a major- 
 ity and minority answer. 
 
 REPLY OF TUE MAJOBrFT. 
 
 The following paper was yesterday sent to 
 the President, signed by the majority of the 
 Representatives from the border slaveholding 
 States :— 
 
 Washington, July 14, 1862. 
 To the President : 
 
 The undersigned. Representatives of Ken- 
 tucky, Virginia, Missouri, and Maryland, in the 
 two Houses of Congress, have listened to your 
 address with the profound sensibility naturally 
 inspired by the high source from which it ema- 
 nates, the earnestness which marked its deliv- 
 ery, and the overwhelming importance of the 
 subject of which it treats. We have given it a 
 most respectful consideration, and now lay be- 
 fore you our response. We regret that want 
 of time has not permitted us to make it more 
 perfect. 
 
 We have not been wanting, Mr. President, in 
 respect to you, and in devotion to the Constitu- 
 tion and the Union. We have not been indif- 
 ferent to the great difficulties surrounding you, 
 compared with which all former national 
 troubles have been but as the summer cloud ; 
 and we have freely given you our sympathy 
 and support. Repudiating the dangerous here- 
 sies of the secessionists, we believed, with you, 
 that the war on their part is agressive and 
 wicked, and the objects for which it was to be 
 prosecuted on ours, defined by your message at 
 the opening of the present Congress, to be such 
 as all good men should approve. We have not 
 hesitated to vote all supplies necessary to carry 
 it on vigorously. We have voted all the men 
 and money you have asked for, and even more ; 
 we have imposed onerous taxes on our people, 
 and they are paying them with cheerfulness and 
 alacrity; we have encouraged enlistments and 
 sent to the field many of our best men ; and 
 some of our number have offered their persons 
 to the enemy as pledges of their sincerity and 
 devotion to the country. 
 
 We have done all this under the most dis- 
 couraging circumstances, and in the face of 
 measures most distasteful to us and injurious 
 to the interests we represent, and in the hear- 
 ing of doctrines avowed by those who claim 
 to be your friends, must be abhorrent to us 
 and our constituents. But, for all this, we 
 have never faltered, nor shall we as long as 
 we have a Constitution to defend and a Gov- 
 ernment which protects us. And we are 
 ready for renewed efforts, and even greater 
 sacrifices, yea, any sacrifice, when we are satis- 
 fied it is required to preserve our admirable 
 form of government and the priceless blessings 
 of constitutional liberty. 
 
 A few of our number voted for the resolu- 
 tion recommended by your message of the (3th 
 of March last, the greater portion of us did not, 
 and we will briefly state the prominent reasons 
 which influenced our action. 
 
 In the first place, it proposed a radical 
 change of our social system, and was hurried 
 through both Houses with undue haste, with. 
 
EMANCIPATION. 
 
 215 
 
 out reasonable time for consideration and de- 
 bate, and with no time at all for consulta- 
 tion with our constituents, whose interests it 
 deeply involved. It seemed like an interfer- 
 ence by this Government with a question 
 which ijeculiarly and exclusively belonged to 
 our respective States, on which they had not 
 sought advice or solicited aid. Many of us 
 doubted the constitutional power of this Gov- 
 ernment to make appropriations of money for 
 the object designated, and all of us tliought 
 our finances were in no condition to bear the 
 immense outlay which its adoption and faith- 
 ful execution would impose upon the national 
 Treasui-y. If we pause but a moment to think 
 of the debt its acceptance would have entailed, 
 we are appalled by its magnitude. The propo- 
 sition was addressed to all the States, and em- 
 braced the whole number of slaves. 
 
 According to the census of 1860 there were 
 then nearly four million slaves in the country ; 
 from natural increase they exceed that number 
 now. At even the low average of $300, the 
 price fixed by the emancipation act for the 
 slaves of this District, and greatly below their 
 real worth, their value runs up to the enormous 
 sum of $1,200,000,000 ; and if to that we add 
 the cost of deportation and colonization, at SlOO 
 each, which is but a fraction more than is ac- 
 tually paid by the Maryland Colonization So- 
 ciety, we have $400,000,000 more. We were 
 not willing to impose a tax on our people suffi- 
 cient to pay the interest on that sum, in addi- 
 tion to the vast and daily increasing debt 
 already fixed upon them by the exigencies of 
 the war, and if we had been willing, the coun- 
 try could not bear it. Stated in this form the 
 proposition is nothing less than the deportation 
 from the country of $1,600,000, 000 worth of pro- 
 ducing labor, and the substitution in its place 
 of an interest-bearing debt of the same amount. 
 
 But, if we are told that it was expected that 
 only the States we represent would accept the 
 proposition, we respectfully submit that even 
 then it involves a sum too great for the finan- 
 cial ability of this Government at this time. 
 According to the census of 1860 — 
 
 Slaves- 
 
 Kentucky had 225,490 
 
 Maryland 87,188 
 
 Virginia 4'JO.Ss7 
 
 Delaware 1,79S 
 
 ?;issouri 114.963 
 
 Tennessee ^ L75.784 
 
 Making in the whole 1,196,112 
 
 At the same rate of raluation these would 
 
 amount to $358,933,500 
 
 Add for deportation and colonization $100 each.. 118,244,5;:3 
 
 And we have the enormous sum of. $478,038,133 
 
 We did not feel that we should be justified 
 in voting for a measure which, if carried out, 
 would add this vast amount to our public debt 
 at a moment when the Treasury was reeling 
 under the enormous expenditure of the war. 
 
 Again, it seemed to us that this resolution 
 was but the annunciation of a sentiment which 
 could not or was not likely to be reduced to an 
 actual tangible proposition. No movement 
 was then made to provide and appropriate the 
 funds required to carry it into efiect ; and we 
 were not encouraged to believe that funds 
 
 would be provided. Andourbclief has been fully 
 justified by subsequent events. Not to mention 
 other circumstances, it is quite sufficient for our 
 purpose to bring to your notice the fact that, 
 while this resolution was under consideration 
 in the Senate, our colleague, the Se- ator from 
 Kentucky, moved an amendment appropriati g 
 $500,000 to the object therein designated, and 
 it was voted down with great unanimity. What 
 confidence, then, could we reasonably feel that 
 if. we committed ourselves to the policy it pro- 
 posed, our constituents would i-^ap the fruits of 
 the promise held out; and on what ground 
 could we, as fair men, approach them and chal- 
 lenge their support? 
 
 Tlis right to hold slaves is a right apppr- 
 taini?ig to all the States of this Union. They 
 have the right to cherish or abolish the insti- 
 tution, as their tastes or their interests may 
 prompt, and no one is authorized to question 
 the right or limit the enjoyment. And no one 
 has more clearly afiirmed that right than you 
 have. Your inaugural address does you great 
 honor in this resi)ect, and inspired the cguntry 
 with confidence in your fairness and respect for 
 the law. Our States are in the enjoyment of 
 that right. We do not feel called on to defend 
 the institution or to atfirm it is one which 
 ought to be cherished ; perhaps, if we were to 
 make the attempt, we might find that we differ 
 even among ourselves. It is enough for our 
 purpose to know that it is a right ; and, so 
 knowing, we did not see why we should now 
 be expected to yield it. We had contributed 
 our full share to relieve the country at this ter- 
 rible crisis ; we had done as much as had been 
 required of others in like circumstances ; and 
 we did not see why sacrifices should be expected 
 of us from which others, no more loyal, were 
 exempt. Nor could we see what good the na- 
 tion would derive from it. 
 
 Such a sacrifice submitted to by us would 
 not have strengthened the arm of this Govern- 
 ment or weakened that of the enemy. It was 
 not necessary as a pledge of our loyalty, for 
 that had been manifested beyond a reasonable 
 doubt, in every form, and at every place pos- 
 sible. There was not the remotest probability 
 that the States we represent would join in the 
 rebellion, nor is there now, or of their electing 
 to go with the southern section in the event of 
 a recognition of the independence of any part 
 of the disaifected region. Our States are fixed 
 unalterably in their resolution to adhere to and 
 support the Union. They see no safety for 
 themselves, and no hope for constitutional lib- 
 erty but by its preservation. They will, under 
 no circumstances, consent to its dissolution; and 
 we do them no more than justice when we as- 
 sure you that, while the war is conducted to 
 prevent that deplorable catastrophe, they will 
 sustain it as long as they can muster a man or 
 command a dollar. Nor will they everx;onsent, 
 in any event, to unite with the Southern Con- 
 federacy. The bitter fruits of the peculiar 
 doctrines of that region will forever prevent 
 them from placing their security and hajipinoss 
 in the custody of an jissociation which has in- 
 corporated in its organic law the seeds of its 
 own destruction. 
 
216 
 
 EMANCIPATION. 
 
 We cannot admit, Mr. President, that, if we 
 bad voted for the resolution in the emancipa- 
 tion message of March last, the war would now 
 be substantially ended. We are unable to see 
 how our action in this particular has given, or 
 could give, encouragement to the rebellion. 
 The resolution has passed ; and, if there be 
 virtue in it, it will be quite as efficacious as if 
 we had voted for it. We have no power to 
 bind our States in this respect by our votes 
 here ; and, whether we had voted the one way 
 or the other, th^y are in the same condition of 
 freedom to accept or reject its provisions. Nr>, 
 sir, the war has not been prolonged or hindered 
 by our action on this or any other measure. 
 We must look for other causes for that lamented 
 fact. We think there is not much difficulty, 
 not much uncertainty, in pointing out others 
 far more probable and potent in their agencies 
 to that end. 
 
 The rebellion derives its strength from the 
 union of all classes in the insurgent States ; 
 and while that union lasts the war will never 
 end until they are utterly exhausted. AVe know 
 that at the inception of these troubles southern 
 society was divided, and that a large portion, 
 perhaps a majority, were opposed to secession. 
 Now the great mass of southern people are 
 united. To discover why they are so we must 
 glance at southern society, and notice the 
 classes into which it has been divided, and 
 which still distinguish it. They are in arms, 
 but not for the same objects ; they are moved 
 to a common end, but by different and even 
 inconsistent reasons. The leaders, which com- 
 prehends what was previously known as the 
 State-rights party, and is much the lesser class, 
 seek to break down national independence and 
 set up State domination. With them it is a 
 war against nationality. The other class is 
 fighting, as it supposes, to maintain and pre- 
 serve its rights of property and domestic safety, 
 which it has been made to believe are assailed 
 by this Government. This latter class are not 
 disunionists perse; they are so only because 
 they have been made to believe that this Ad- 
 ministration is inimical to their rights, and is 
 making war on their domestic institution. As 
 long as these two classes act together they will 
 never assent to a peace. 
 
 The policy, then, to be pursued, is obvious. 
 The former class will never be reconciled, but 
 the latter may be. Remove their apprehen- 
 sions ; satisfy them that no harm is intended to 
 them and their institutions ; that this Govern- 
 ment is not making war on their rights of 
 property, but is simply defending its legitimate 
 authority, and they will gladly return to their 
 allegiance as soon as the pressure of military 
 dominion imposed by the Confederate authority 
 is removed from them. 
 
 Twelve months ago both Houses of Congress, 
 adopting the spirit of your message, then but 
 recently sent in, declared with singular una- 
 nimity the objects of the war, and the country 
 instantly bounded to your side to assist you in 
 cai-rying it on. If the spirit of that resolution 
 had been adhered to, we are confident that we 
 should before now have seen the end of this de- 
 plorable conflict. But what have we seen? 
 
 In both Houses of Congress we have heard 
 doctrines subversive of the principles of the 
 Constitution, and seen measure after measure 
 founded in substance on those doctrines pro- 
 loosed and carried through which can have no 
 other effect than to distract and divide loj'al men, 
 and exasperate and drive still further from us and 
 their duty the people of the rebellious States. 
 Military officers, following these bad examples, 
 have stepped beyond the just limits of their au- 
 thority in the same direction, until in several 
 instances you have felt the neces.aty of inter- 
 fering to arrest them. And even the passage 
 of the resolution to which you refer has been 
 ostentatiously proclaimed as the triumph of a 
 principle which the people of the southern 
 States regard as ruinous to them. The effect 
 of these measures was foretold, and may now 
 be seen in the indurated state of southern feel- 
 ing. 
 
 To these causes, Mr. President, and not to our 
 omission to vote for the resolution recommended 
 by you, we solemnly believe we are to attribute 
 the terrible earnestness of those in arms against 
 the Governmerit and the continuance of the 
 war. Nor do we (permit us to say, Mr. Pres- 
 ident, with all respect to you) agree that the 
 institution of slaveiy is "the lever of their 
 power," but we are of the opinion that "the 
 lever of their power" is the apprehension that 
 the powers of a common Government, created 
 for common and equal protection to the inter- 
 ests of all, will be wielded against the institu- 
 tions of the southern States. 
 
 There is one other idea in your address we 
 feel called on to notice. After stating the fact 
 of your repudiation of General Hunter's proc- 
 lamation, you add : 
 
 " Yet, la repudiating it, I gave dissatisfaction, if not of- 
 fence, to many whose support the country cannot afford to 
 lose. And this is not the end of it. The pressure in tliis 
 direction is still upon me and is increasing, liy conceding 
 what I now ask, you can relieve me, and, much more, can 
 relieve the country, in tliis important point." 
 
 We have anxiously looked into this passage 
 to discover its true import, but we are yet in 
 painful uncertainty. How can we, by conced- 
 ing what you now ask, relieve you and the 
 country from the increasing presstu'e to which 
 you refer? We will not allow ourselves to 
 think that the proposition is, that we con- 
 sent to give up slavery, to the end that the Hun- 
 ter proclamation may be let loose on the south- 
 ern people!^ for it is too well known that we 
 would not be parties to any such measure, and 
 we have too much respect for yon to ima!:jine 
 you would propose it. Can it mean that by 
 sacrificing our interest in slavery we appease 
 the spirit that controls that pressure, cause it 
 to be withdrawn, and rid the country of the 
 pestilent agitation of the slavery question? 
 We are forbidden so to think, for that spirit 
 would not be satisfied with the liberation of 
 700,000 slaves, and cease its agitation while 
 3,000,000 remain in bondage. Can it mean 
 that by abandoning slavery in our Slates we 
 are removing the pressure from j'ou and the 
 country, by preparing for a separation on the 
 line of the cotton States? 
 
 We are forbidden so to think, because it is 
 known that we are, and we believe that you 
 
emaxcipation. 
 
 217 
 
 are, unalterably opposed to any division at 
 all. We would prefer to think that you de- 
 sire this concession as a pledge of our support, 
 and thus enable you to withstand a pressure 
 which weighs heavily on you and the coun- 
 try. Mr. President, no such sacrifice is neces- 
 sary to secure our support. Confine yourself 
 to your constitutional authority; confine your 
 subordinates within the same limits ; conduct 
 this war solely for the purpose of restoring the 
 Constitution to its legitimate authority; con- 
 cede to each State and its loyal citizens their 
 just rights, and we are wedded to you by in- 
 dissoluble ties. Do this, Mr. President, and 
 you touch the American heart and invigorate 
 it with new hope. You will, as we solemnly 
 believe, in due time restore peace to your coun- 
 try, lift it from despondency to a future of 
 glory, and preserve to your countrymen, their 
 posterity, and man, the inestimable treasure of 
 a constitutional government. 
 
 Mr. President, we have stated with frank- 
 ness and candor the reasons on which we for- 
 bore to vote for the resolution you have men- 
 tioned ; but you have again presented this 
 proposition, and ayipealed to us with an earnest- 
 ness and eloquence which have not failed to 
 impress us, to " consider it, and at the least 
 to commend it to the consideration of our 
 States and people." Thus appealed to by the 
 Chief Magistrate of our beloved country, in 
 the hour of its greatest peril, we cannot wholly 
 decline. We are willing to trust every ques- 
 tion relating to their interest and happiness to 
 the consideration and ultimate judgment of 
 our own people. While differing from you as 
 to the necessity of emaaicipating the slaves of 
 our States as a means of putting down the re- 
 bellion, and while protesting against the pro- 
 priety of any extra-territorial interference to 
 induce the people of our States to adopt any 
 particular line of policy on a subject which 
 peculiarly and exclusively belongs to them, 
 yet, when you and our brethren of the loyal 
 States sincerely believe that the retention of 
 slavery by us is an obstacle to peace and na- 
 tional harmony, and are willing to contribute 
 pecuniary aid to compensate our States and 
 people for the inconveniences produced by 
 such a change of system, we are not unwilling 
 that our people shall consider the propriety of 
 putting it aside. 
 
 But we have already said that we regarded 
 this resolution as the utterance of a sentiment, 
 and we had no confidence that it would assume 
 the shape of a tangible, practical proposition, 
 which would yield the fruits of the sacrifice it 
 required. Our people are influenced by the 
 same want of confidence, and will not consider 
 the proposition in its present impalpable form. 
 The interest they are asked to give up is to 
 them Oi' immense importance, and they ought 
 not to be expected even to entertain the propo- 
 sal until they are assured that when they ac- 
 cept it their just expectations v\'ill not be frus- 
 trated. We regard your plan as a proposition 
 from the Nation to the States to exercise an ad- 
 mitted constitutional right in a particular man- 
 ner and yield up a valuable interest. Before 
 they ought to consider the proposition, it should I 
 
 be presented in such a tangible, practical, effi- 
 cient shape as to command their confidence 
 that its fruits are contingent only upon their 
 acceptance. We cannot trust anything to the 
 contingencies of futiire legislation. 
 
 If Congress, by proper and necessary legisla- 
 tion, shall provide sufficient funds and place 
 them at your disposal, to be applied by you to 
 the payment of any of our States or the citizens 
 thereof who shall adopt the abolishment of 
 slaverj', either gradual or immediaie. as they 
 may determine, and the expense of deportation 
 and colonization of the liberated slaves, then 
 will our State and people take th-s proposition 
 into careful consideration, for such decision as 
 in their judgment is demanded bj- their interest, 
 their honor, and their duty to the whole coun- 
 try. We have the honor to be, with great res- 
 pect, 
 
 C. A. WICKLIFFE, CWn., CHAS. B. CALVERT, 
 GARRETT DAVIS, C. L. L. LE.\RY. 
 
 R. WILSON, EDWIN H. WEBSTER, 
 
 J.J.CRITTENDEN, R. MALLOIIY, 
 
 JOHN S. CARLILE, AAKO.V HARDING, 
 
 J. W. CRISFTELD, JAMES S ROLLINS, 
 
 J.S. JACK.-ON, J. W. MENZIES, 
 
 II. GRIDER, THOMAS L. PRICE, 
 
 JOHN S. PHELPS, G. W. DUNLAP, 
 
 FRANCIS THOMAS, WM. A. HALL. 
 
 REPLY OF THE SHNORITT. 
 
 '• WASHrxGTON, Jidy 15, 1862. 
 
 Mr. Pkesidext : The uudersigued, members of Congress 
 from the border States, iu response to your address of Sat- 
 urda}' last, beg leave to say that they attended a meeting 
 on the same day the address was delivered, for the purpose 
 of considering the same. The meeting appointed a com- 
 mittee to report a response to your address. That report 
 was made on yesterday, and the action of the majority in- 
 dicated clearly that the response, or one in substance the 
 same, would be adopted and presented to you. 
 
 Inasmuch as we cannot, consistently ^^^'th our own sense 
 of duty to the country, under the existing perils which sur- 
 round us, conciu- in that response, we feel it to be due to 
 you and to ourselves to make to you a brief and candid an- 
 swer over our own signatures. 
 
 We believe that the whole power of the Government, up- 
 held and sustained by all the influences and moans of all 
 loyal men in all sections, and of all parties, is es-entially 
 necessary to put down the rebelliini ami prt-servu X\\>- Union 
 and the Constitution. We uudt r : nM \ m: -]M-al tousto 
 have Ijeen made for the jiurpcs'- - I i _ i i - i'_-sult. A 
 
 very large portion of the poopl- in ;ii i, ii' ,ii States be- 
 lieve tliat slavery is the -'lever-jHiw; ,1, t',!' i l.-llion." It 
 matters not whether this belief be woll fouiuleil or not. 
 The belief does exist, and we have to deal with things as 
 they are, and not as we would have them be. In conse- 
 quence of the existence of this belief, we understand that 
 an immense pressure is brought to bear for the purpose of 
 strildug down this institution through the exercise of mili- 
 tary authority. The Government cannot maintain this 
 great struggle if the support and influence of the men who 
 entertain these opinions be withdrawn. Neither can the 
 Government hope for early success if the support of that 
 elenieut called " conservative" be withdrawn. 
 
 Such being tlie condition of things, the President appeals 
 to the border State men to step forward and prove their 
 patriotism by making the first sacrifice. No doubt, like 
 appeals have been made to extreme men in the North to 
 mett ii-li H V i\, ill order that the whole moral, political, 
 piruiii i: -I force of the nation may be firmly 
 
 and eii ; i iii one grand effort to save the Union 
 
 Relieving that ~ir1i were the motives that prompted your 
 address, and such the results to wliich it li»ilceil. we cannot 
 reconcile it to our sense of duty, in tliis tr.yinuc lumr, to re- 
 spond in a spirit of tMuIt-linding or iiuerulousness over the 
 things that are past. We are not disposed to se.k for the 
 cause of present misfortunes in the errors and wrongs of 
 others who now proiiose to unite with us in a common pur- 
 pose. But, on the other hand, we meet yoiu- address in the 
 spirit in which it was made, and, as loyal Americans, de- 
 clare to you and to the world that there is no sacrifice that 
 we are not ready to make to .save the Government and in- 
 stitutions of our fathers. 
 
 Tiiat we, few of us though there may be, will permit no 
 
21i 
 
 EMANCIPATION. 
 
 man, from the North or from the South, to go further than 
 we in the accomiilishment of the great work before us. 
 That, in order to carry out these views, we will, so ftu- aa 
 may be in our power, ask the people of the border States 
 calmly, deliberately, and fiiirly to consider your recom- 
 mendations. V.'e are the more emboldened to assume tliis 
 position from the fact, now become liistory, that the leaders 
 of the southern rebellion have offered to abolish slavery 
 among them as a condition to foreign intervention in favor 
 of their independence as a nation. 
 
 If they can give up slaverj' to destroy the Union, we can 
 surely ask our people to consider the question of emancipa- 
 tion to save the Union. 
 With great respect, your obedient servants, 
 
 JOHN W. NOELL, 
 SAMUEL L. CASEY. 
 OBORGE P. FISHER, 
 A. J. CLEMENTS, 
 WILLIAM G. BROWN, 
 JACOB B. BLAIR, 
 W. T. WILLEY. 
 
 REPLY OF MR. MAYNARD. 
 
 HonsE OF Representatives, July 16, 1862. 
 
 Sir : The magBilude and gravity of the proposition sub- 
 mitted by you to Represeutat;ve3 from the slave States 
 would naturally occasion diversity, if not contrariety, oi 
 opinion. You will not, therefore, be surprised that I have 
 not been able to concur in view with the majorily of them. 
 This is attributable, possibly, to the fact that my State is 
 not a border State, properly so called, and that my immedi- 
 ate constituents are not yet disenthralled from the hostile 
 arms of the rebellion. This fact is a physical obstacle in 
 the way of my now submitting to their consideration this 
 or auy other proposition lookini; to political action, especi- 
 ally such as, in this case, would require a change in the 
 organic law of the State. 
 
 But do not infer that I am insensible to jyur appeal. I 
 am not. You are surrounded with difficulties far greater 
 than have embarrafsed any of your predecessors. You need 
 the support of every American citizeu, and you ought to 
 have it — active, zealous, aud honest The union of every 
 Union miui to aid you in preserving the Union is the duty 
 of the time. Differences as to policy and methods must be 
 subordinated to the common purpose. 
 
 In looking for the cause of this rebellion, it is natural 
 that tach section aud each party should ascribe as little 
 blame as possible to itself, and as much as possible to its 
 opponent section and party. Possibly you and I might U'lt 
 a^:ree on a compari.son of our views. That there sh( nld be 
 differences of opinion as to the best mode of conducting our 
 military operations, and the birst meji to lead our armies, is 
 equally natural. Contests on such questioiis weaken oiu- 
 selves and strengthen our enemies. They are unpiofitable, 
 and possiiply unpatriotic. Somebody must yield, or wo 
 wiiste our strength in a contemptible struggle among our- 
 selves. 
 
 You appeal to the loyal men of the slave States to sacri- 
 fice something of feeling and a gr^'at ileal of interest. The 
 sacrifices they have already made and the sufferings they 
 have endured give the best assurance that the appeal will 
 not have been made in vain. Ho who is not ready to yield 
 all his material interests, and to forego his most cherished 
 sentiments and opinions for the preservation of his country, 
 altlioiiL'h !i" may have periled his life on the battle-field in 
 her I'r l( ih , is Imt half a patriot. Among the loyal people 
 that I 1-: ; -' )it llierearenohiilf patriots. 
 
 All e Illy the ri lnUiou has cost us much, even to our un- 
 doing; we are content, if need be, to give up the rest to 
 suppress it. We have stood by you from the beginning of 
 this slrua<:le, aud we mean to stand by you, God willing, 
 till the cud of it. 
 
 I ilid niit vote for the resolution to which j'ou allude, 
 solely f.jr the reason that at the time I w;is absent at the 
 cajiital of my own State. It is right. 
 
 Should any of the slave Slates think proper to terminate 
 that institution, ass. -N - i-li; t,i 1:1. 1 uml r>taiiil..ir at least 
 some of their citizens p: , - . in .n ■.imla 1:1 nron-i comity 
 
 requirethatthecounti; ! .1 i, t.ai.l it i:i K.-sening 
 
 the burden, piililic anil iui..ai . uet,„:iijiieJ by so radical a 
 change in its social and industrial relations. 
 
 I will not now speculate upon the effect, at homo or 
 abroad, of the adoption of your poli«^, nor inquire what 
 action of the rebel leaders has rendered something of the 
 kind important. Your whole administration gives the 
 highest assurance that you are moved, not so much from a 
 desire to see all men everywhere made free, as from a higher 
 desire to preserve free institutions for the benefit of men 
 already free ; not to make slaves freemen, but to prevent 
 freemen from being made slaves ; not to destroy an institu- 
 tion, which a portion of us only consider bad, but to save 
 institutions which we all alike consider good. I am satis- 
 fied you would not ask from any of your fellow -citizens a ] 
 
 sacrifice not, in your judgment, imperatively required by 
 the safety of the country. 
 
 Tliis is the spirit of your appeal, and I respond to it in tiie 
 same sinrit. 
 
 I am, very respectfully, your obedient servant. 
 
 HORACE MAYNARD. 
 To the President. 
 
 SENATOR HENDERSON'S REPLY TO THE PRESIDENT. 
 
 W.ASHINGTON CiTY, July 21, 1SC2. 
 
 Mr. President : The pressure of business in the Senate 
 during the last few days of the session prevented my at- 
 tendance at the meeting of the border State members, 
 called to consider your proposition in reference to gradual 
 emancipation in our States. 
 
 It is for tliis reason only, isil in if !"■ nri-r T fail tu a ■,,;.!■«- 
 ciate their importance or i , - us, 
 
 thatmy name does not i | ,;...; ,, : jo. 
 
 pers submitted in response . I in v : l-ii '1 il ; ,, v, a my 
 intention, when the subject came up practically for consid- 
 eration in the Senate, to express luily my views in regard 
 to it. This of course would have rendered any other re- 
 spouse unnecessary. But the want of time to consider the 
 matter deprived me of that opportunity, and, lest now my 
 silence be misconstrued, I deem it proper to say to you 
 that I am by no means indifferent to the great questions so 
 earnestly, and as I believe so honestly, urged by you upon 
 our consideration. 
 
 The border States, so far, are the chief sufferers by this 
 war, and the true Union men of those States have made the 
 greatest ? i rifi • - f r the preservation of the Government. 
 Thisfa 1 I It] ■ "1 from mismanagement on the part 
 of 111. r I II . or a want of regm-d for om- peo- 
 
 ple, but it 1 tin II a -ary result of the war that is upon 
 us. Our States are tlie battle-fields. Our people, divided 
 among themselves, maddened by the struggle and blinded 
 by the smoke of battle, invited upon our soil contending 
 armies — the one to destroy the Government, the other to 
 maintain it. The consequence to us is plain. The shock 
 of the contest upturns society and desolates the land. We 
 have made sacrilices, but at last they v/ere only the sacri- 
 fices demanded by duty, aud unless we are willing to make 
 others, indeed any that the good of the country, involved 
 in the overthrow of treason, may exact at our hands, our 
 title to patriotism is not complete. 
 
 When you submitted your proposition to Congress, in 
 March last, " that the United States ought to co-operate 
 mth any State which may adopt a gradual abolishment of 
 slavery, giving to such State pecuniary aid, to be used by 
 such State in its discretion, to compensate for the incon- 
 veniences, public and private, produced by such change of 
 system," I gave it a most cheerful support, and I am satis- 
 fied it would have received the approbation of a large 
 majority of the border States delegations in both branches 
 of Congress, if, in the first place, they had believed the war, 
 with its continued evils — the most prominent of which, in 
 a material point of view, is its injurious effect on the insti- 
 tution of slavery in our States — couldj.i. a iv lia-.i yi ,u 
 protracted for another twelve months; ail ! a . i: I 
 
 place, they had felt assiu-ed that the pail;, i \ a a. aii- 
 jority in Congress would, like yoin sill. 1 uat 
 
 in practical action as in the exyi - a . , i.a.aiit. 
 
 AVhile scai-cely any one doubted v a- a, niUo 
 
 premises, and your earnest wish -i- li;, i . ,.,. .a. iL.? 
 war, you can readily conceive the {Ai.A.ii-.^ i..r .in,, ieuce of 
 opinion where conclusions could only be U.sed upon con- 
 jecture. 
 
 Believing, as I did, that the war was not so near its term- 
 ination as some supposed, and feeling disposed to accord 
 to others the same sincerity of purpos'e that I should claim 
 for myself under similar circumstances, I voted for tlie 
 proposition. I will suppose that others were actuated by 
 no sinister motives. 
 
 In doing so, Mr. President,! desire to be distinctly under- 
 stood by you and by my constituents. I did not suppose 
 at the time that I was personally making any .sacrifice by 
 supporting the lesoliitieii, nor tlitit the people of my State 
 were called uimui tu iiiaki- any sai rifue, either in consider- 
 ing or accepting the pmiiosition. if tbey saw fit. I agreed 
 with you in the remark.s cimtaiued in tlie message accom- 
 panying the resolution, that "the Uuiun must be pre- 
 served, aud hence all indispensable means must be em» 
 ployed. * * * AViir has been and continues to be an 
 indispensable means to this end. A practical reacknowl- 
 edgmentof the national authority wuuld render the war 
 unnecessary, and it would at onee <ease. 11. bowever. ii- 
 sistance continues, the war must also ((uitiiiua; and it is 
 impossible to foresee all the incidents win h may atteiel 
 and all the ruin which may follow it." It is truly -'impos- 
 sible" to foresee all the evils resultiu.; from a war so stu- 
 pendous as the present. I shall be much rejoiced if some- 
 thing more dreadful than the sale of freedom to a few slaves 
 in the border States shall not result from it. If it closes 
 
EMA.NCIPATION. 
 
 219 
 
 vrith the GoTernment of our fathers secure, and constitu- 
 tional liberty in all its purity guarantied to the white man, 
 the result will be better than that having a place in the 
 fears of many good men at present, and much better than 
 the past history of such revolutions can justify us in ex- 
 
 pecting. 
 In this 
 
 period of the nation's distress, I know of no hu- 
 man institution too sacred for discihsidn; no material in- 
 terest belonging to the citizen that he should not willingly 
 place upon the altar of his country, if demanded by the 
 public good. The man who cannot now sacrifice party and 
 put aside selfish considerations is more than half disloyal. 
 Such a man does not deserve the blessings of good govern- 
 ment. Pride of opinion, based upon sectional jealousies, 
 should not be permitted to control the decision of any political 
 question. Tliese remarks are general, but apply with pe- 
 culiar force to the people of the border States at present. 
 
 Let us look at our condition. A desolating war is upon 
 us. We cannot escape it if we would. If the Union armies 
 were to-day withdi-awn from the border States without first 
 crushing the rebellion in tlie South, no rational man can 
 doubt for a moment that the adherents of the Union cause 
 in those States would soon be driven in exile from their 
 homes by the exultant rebels, who have so long hoped to 
 return and take vengeance upon us. 
 
 The people of the border States understand very well the 
 unfriendly and selfisli spirit exercised toward them by the 
 leaders of this cotton State rebellion ; beginning some time 
 previous to its outbreak. They will not fail to remember 
 their insolent refusal to counsel with us, and their haughty 
 assumption of responsibility upon themselves for their mis- 
 guided action. Our people will not soon forget that, while 
 declaiming against coercion, they closed their doors against 
 the exportation of slaves from the border States into the 
 South, with the avowed purpose of forcing us into rebellion 
 tlirough fears of losing that species of property. They 
 knew very well the effect to be produced on slavery by a 
 civil war, especially in those States into which hostile ar- 
 mies might penetrate, and upon the soil of which the great 
 contests for the success of republican government were to 
 be decided. They wanted some intermediate ground for the 
 conflict of arms — territory where tlie population would be 
 divided. They knew, also, that by keeping slavery in the 
 border States the mere " friction and abrasion," to which 
 jou so approjiriately allude, would keep up a constant irri- 
 tation, resulting necessarily from the frequent losses to 
 which the owners would be subjected. They also calculated 
 largely, and not without reason, upon the repugnance of 
 non-slaveholders in those States to a free negro population. 
 In the meantime they intended persistently to charge the 
 overthrow of slavery to be the object of the Government, 
 and hostility to this institution the origin of the war. By 
 this means the unavoidable incidents of the strife might 
 easily be chargedas the settled purposes of the Government. 
 Again, it was well understood by these men that exemplary 
 conduct on the part of every officer and soldier employed 
 by the Government could not in the nature of things be ex- 
 pected, and the hope was entertained, upon the most reason- 
 able grounds, that every coihmission of wrong and every 
 omission of duty would produce a new cause for excitement 
 and a new incentive to rebellion. 
 
 By these means the war was to be kept in the border 
 States, regardless of our interests, until an exhausted treas- 
 ury should render it necessary to send the tax-gatherer 
 among our people, to take the little that might be left them 
 from the derastations of war. They then expected a clamor 
 for peace by us, resulting in the interference of France 
 and England, whose operatives in the meantime would be 
 driven to want, and whose aristocracy have ever been ready 
 to welcome a dissolution of the American Union. 
 
 This cunningly-devised plan for securing a Gulf-Confed- 
 eracy, commanding the mouths of the great western rivers, 
 tlie Gulf of Mexico, and the southern Atlantic ocean, with 
 their own territory unscathed by the horrors of war, and 
 suiTOunded by the border States, half of whoso population 
 would bo loft in sympathy with them for many years to 
 comi\ owiiir to the irritatious to which I have alluded, has 
 H'l I I -:.. : ;-.| too well. 
 
 I ^i I liy have already caused us to lose a third or 
 
 111 . s owned at the time of the last census. In 
 
 ail i;;: .11 b. ; In J, I can make no ostimute of the vast amount 
 ol ijiuijirty of every character that has been destroyed by 
 militn y operations iu the State. Tlie loss from general de- 
 preciation of values, and the utter prostration of every 
 business interest of our people, is wholly beyond calcula- 
 ti')n. Tlie experience of Missouri is but the experience of 
 otlicr sections of the country similarly situated. The ques- 
 tion is therefore forced upon us, " How long is this war to 
 Continue: ami, if continued, as it li '^ been, on our soil, aided 
 by the tnann anil folly of our own citizens, acting in con- 
 ceit with tlK- ('onl'edi-rati'S, how long can slavery, or, if you 
 please, .iny nther property interest, survive in our States'?" 
 
 As things now are, the people of the border States yet 
 divided, we cannot expect an immediate termination of the 
 
 struggle, except upon condition of southern independence, 
 losing thereby control of the lower Mississippi. For this 
 we in Missouri are not prepared, nor are we prepared to be- 
 come one of the Confederate States, should the terrible 
 calamity of dissolution occur. This, I presume, the Union 
 men of Missouri would resist to the death. And whether 
 they should do so or not, I will not suppose for an instant 
 that the Government ot the United States would upon any 
 condition submit to the loss of territory so essential to its 
 future commercial greatness as is the State of Missouri. 
 But should all other reasons fail to prevent such a misfor- 
 tune to our people of Missouri, there is one that cannot fail. 
 The Confederates never wanted us, and would not have us. 
 I assume, therefore, that the war will not cease, but will be 
 continued until the rebellion shall be overcome. It cannot 
 and will not cease, so far as the peojilo of Missouri are con- 
 cerned, except upon condition of our remaining in the 
 Union, and the whole West will demand the entire control 
 of the Mississippi river to the Gulf. Our interest is there- 
 fore bound up with the interests of those States maintaining 
 the Union, and especially with the great States of tbe West, 
 that must be consulted in regard to the terms of any peace 
 that may be suggested, even by the nations of Europe, 
 should they at any time unfortunately depart from their 
 former pacific policy and determine to intervene in our af- 
 fairs. 
 
 The war, then, will have to be continued until the Union 
 shall be practically restored. In this alone consists the fu- 
 ture safety of the border States themselves. A separation 
 of the Union is ruinous to them. The preservation of the 
 Union can only be secured by a continuation of the war. 
 The consequences of that continuation may be judged of by 
 the experience of the last twelve months. The people of 
 my State are as competent to pjiss judgment in the premises 
 as I am. I hiive every confidence in their intelligence, their 
 honesty, and their patriotism. 
 
 In your own language, the proposition you make "sets 
 up no claim of a right by Federal authority to interfere 
 with slavery within State limits, referring, as it does, the 
 absolute control of the subject in each c:ise to the State and 
 its people immediately interested. It is proposed as a mat- 
 ter of perfectly free choice with them." 
 
 In this view of the subject I can Irankly say to you that, 
 personally, I never could appreciate the objections so fre- 
 quently urged against the proposition. If I understood 
 you properly, it was your opinion, not that slavery should 
 be removed iu order to secure our loyalty to the Govern- 
 ment, for every personal act of your adniinistratioH pre- 
 cludes such as inference, but you believe that the peculiar 
 species of property was inimminent danger from the war in 
 which we were engaged, and that common justice demand- 
 ed remuneration for the loss of it. You then believed, 
 and again express the opinion, that the peculiar nature of 
 the contest is such that its loss is almost inevitable, and 
 lest any pretext for a charge of injustice against the Gov- 
 ernment be given to its enemies, you propose to extend to 
 the people of those States standing by the Union tbe choice 
 of p-riymeut for their slaves or the responsibility of loss. 
 Should it occur, without complaint against lhe<iovernment. 
 
 Placing the matter in this light, (a mere remuneration for 
 losses rendered inevitable by the casualties of war.) tbe 
 objection of a constitutional character may be rendered 
 much less formidable in the minds of northern Represent- 
 atives whose constituents will have to share in the pay- 
 ment of the money ; and, so far as the border States are 
 concerned, this objection should be most sparingly urged, 
 for ic being a matter entirely of tlit-ir "own free clioice." 
 in case of a desire to accept, no serious argument will 
 likely be urged against the receipt of the money, or a fund 
 for colonization. But, aside from the power derived fro'n 
 the operations of war. there may be foun<l numerous pre- 
 cedents in the legislation of the past, such as grants of laud 
 and money to the several States for specified <'bject3 
 deemed worthy by the Federal Congress. And in addition 
 to this may be cited a deliberate opinion of Mr. Webster 
 upon this very subject, in one of the ablest arguments of 
 his life. 
 
 I allude to this question of power merely in vindication 
 of the position assumed by ino in my vote for the resolution 
 of March last. In your last communication to us. you b s? 
 of us '■ to commend this subject to the consideration of our 
 States and people." While 1 entiitly differ with you in 
 the opinion expressed, that had the members from the 
 border States approved of your resolution of March last 
 "the war would now be substantially ended," and while I 
 do not regard the suggestion "as one of the most potent 
 and swift means of ending" the war, I nm yet free to sny 
 that I havo the most iinlioiindiii eonfideuce in your sin- 
 cerity of purpose in ca i 
 surrnnnding us. I m 
 troubles of the bonier Si 
 intended for our good 
 peal, and the logic of .sii 
 
 <m to the dangers 
 you appreciate the 
 , our suggestions are 
 ' of y. ur urgent ap- 
 reumstances brin s 
 
 conviction even to an unwilliug believer. Having said that, 
 
220 
 
 EMANCIPATION. 
 
 in ray judgment, you attached too much importance to (his 
 measure as a means fur suppressing the rebellion, it is due 
 to you that I shall explain. 
 
 Whatever may be the status of the border StUtes in this 
 respect, the war cannot be ended urtil the power of the 
 Government is made manifest in the seceded States. They 
 appealed to the swordj give them the sword. They asked 
 for war; let them see its evils on their own soil. They 
 have er.ected a Government and they force ohedience to its 
 behests. This structure must be destroyed; this image, 
 before which an unwilling people have been compelled to 
 bow, must be broken. The authority of the Federal Gov- 
 ernment must be felt in the heart of the rebellious district. 
 To do this let armies be marched upon them at once, and 
 let them feel what they have inflicted on us in the border. 
 Do not fear our States ; we will stand by the Government 
 in this work. 
 
 I ought not to disguise from you or the people of my State 
 that personally I have fixed and unalterable opinions on 
 the subject of your communication. Those opinions I shall 
 communicate to the people in that spirit of frankness that 
 Bhould characterize the intercourse of the representative 
 with his constituents. If I were to-day the owner of the 
 lands and slaves of Missouri, yom- proposition, so far as tliat 
 State is concerned, would be immediately accepted. Not a 
 day would be lost. Aside from public considerations, which 
 you suppose to be involved in the proposition, and which 
 no pati-iot, I agree, should disregard at present, my own 
 personal interest would prompt favorable and immediate 
 action. 
 
 But having said this, it is proper that I say something 
 more. The representative is the servant and not the mas- 
 ter of the people. He has no authority to bind them to 
 any course of action, or even to indicate what they vnW or 
 will not do when the subject is exclusively theirs and not 
 his. I shall take occasion, I hope honestly, to give my 
 views of existing troubles and impending dangers, and shall 
 leave the rest to them, disposed, as I am, rather to trust 
 their judgment upon the case stated than my own, and 
 at the same time most cheerfully to acquiesce in their de- 
 cision. 
 
 For you, personally, Mr. President, I think I can pledge 
 the kindest considerations of the people of Missouri, and I 
 shall not hesitate to express the belief that your recom- 
 mendation will be considered by them in the same spu-it of 
 kindness manifested by you in its presentation to us, and 
 that their decision will be such as is demanded " by their 
 interests, their honor, and their duty to the whole coun- 
 try." 
 
 I am, very respectfully, your obedient servant, 
 
 J. B. HENDERSON. 
 To his Excellency A. Lincoln, President. 
 
 December 1, 1862 — The President, in his 
 second annual message, recurs to the subject: 
 
 EXTRACT FEOM PEESn)ENT LINCOLN'S SECOND ANNUAL 
 
 MESSAGE. 
 
 On the 22d day of September last, a procla- 
 mation was issued by the Executive, a copy of 
 which is herewith submitted. 
 
 In accordance with the purpose expressed 
 in the second paragraph of that paper, I now 
 respectfully recall your attention to what may 
 be called "compensated emancipation." 
 
 A nation may be said to consist of its ter- 
 ritory, its people, and its laws. The territory 
 is the only part which is of certain durability. 
 ' One generation passeth away, and another 
 generation cometh, but the earth abideth for- 
 ever." It is of the first importance to duly 
 consider and estimate this ever-enduring part. 
 That portion of the earth's surface wbich is 
 owned and inhabited by the people of the 
 United States, is well adapted to be the home 
 of one national family ; and it is not well 
 adapted for two, or more. Its vast extent, and 
 its varieiy of climate and productions, are of 
 advantage, in this age, for one people, what- 
 ever they might have been in former ages. 
 Steam, telegraphs, and intelligence, have 
 brought these to be an advantageous combina- 
 tion for one united people. 
 
 In the inaugural address I briefly pointed 
 out the total inadequacy of disunion, as a 
 
 remedy for the differences between the people 
 of the two sections. I did so in langu.ige 
 which I cannot improve, and which, therefore, 
 I beg to repeat : ' 
 
 "One section of our country believes slavery is rtgi/j*, and 
 ought to be extended,*while the other believes it is wrrniji, 
 and ought not to be extended. This is the only substantial 
 dispute. Th0 fugitive slave clause of the Constitution, and 
 the law for the suppression of the foreign slave trade, aie 
 each as well enforced, perhaps, as any Jaw 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 im- 
 perfectly 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 separato. We cannot 
 remove our respective sections from each other, nor build 
 an impassable wall between them. A husband and wife 
 may be divorced, and each go out of the presence and be- 
 yond the reach of each other ; but the different parts of our 
 country cannot do this. They cannot but remain face to 
 face ; and intercourse, either amicable or hostile, must con- 
 tinue between them. Is it possible, then, to make that in- 
 tercourse more advantageous or more satisfactory after 
 separation than before? Can aliens make treaties easier 
 than friends can make laws ? Can treaties he more faith- 
 fully 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 iudentical old questions as to terms of 
 intercourse are again upon you." 
 
 There is no line, straight or crooked, suitable 
 for a national boundary upon which to divide. 
 Trace through, from East to West, upon the line 
 between the free and slave country, and we shall 
 find a little more than one third of its length 
 are rivers, easy to be crossed, and populated, 
 or soon to be populated, thickly upon both 
 sides ; while nearly all its remaining length are 
 merely surveyor's lines, over which people may 
 walk back and forth without any consciousness 
 of their presence. No part of this line can be 
 made any more difficult to pass by writing it 
 down on paper or parchment as a national 
 boundary. The fact of separat on, if it comes, 
 gives up on the part of the seceding section the 
 fugitive slave clause, along with all other con- 
 stitutional obligations upon the section seceded 
 from, while I should expect no treaty stipula- 
 tion would ever be made to take its place. 
 
 But there is another difficulty. The great in- 
 terior region, bounded east by the AUeghanies, 
 north by the British dominions, west by tue 
 Rocky mountains, and south by the line along 
 which the culture of corn and cotton meets, 
 and which includes part of Virginia, part uf 
 Tennessee, all of Kentucky, Ohio, Indiana, 
 Michigan, Wisconsin, Illinois, Missouri, Kansas, 
 Iowa, Minnesota, and the Territories of Dakota, 
 Nebraska, and part of Colorado, already has 
 above ten million people, and will have fifty 
 millions within fifty years, if not prevented by 
 any political folly or mistake. It contains 
 more than one third of the country owned by 
 the United States — certainly more than one 
 million square miles. Once half as populous 
 as Massachusetts already is, it would have more 
 than seventy-five million people. A glance at 
 the map shows that, territorially speaking, it 
 is the great body of the Republic. The other 
 parts are but marginal borders to it, the mag- 
 nificent region sloping west from the Rocky 
 Mountains to the Pacific, being the deepest and 
 
EMANCIPATION. 
 
 221 
 
 also the richest in undeveloped resources. In 
 the production of provisions, grains, grasses, 
 and all which proceed from them, this great 
 interior region is naturally one of the most 
 important in the world. Ascertain from the 
 statistics tile small proportion of the region 
 which has, as yet, been brought into cultiva- 
 tion, and also the large and rapidly increasing 
 amount of its products, and we shall be over- 
 whelmed with the magnitude of the prospect 
 presented. And yet this region has no sea- 
 coast, touches no ocean anywhere. As part of 
 one nation, its people now find, and may for- 
 ever find, their way to Europe by New York, 
 to South America and Africa by New Orleans, 
 and to Asia by San Francisco. But separate 
 our common country into two nations, as 
 designed by the present rebellion, and every 
 man of this great interior region is thereby 
 cut off from some one or more of these outlets, 
 not, perhaps, by a physical barrier, but by em- 
 barrassing and onerous trade regulations. 
 
 And this is true, wherever a dividing or bovmd- 
 ary line may be fixed. Place it between the 
 now free and slave country, or place it south 
 of Kentucky, or north of Ohio, and still the 
 truth remains, that none south of it can trade 
 to any port or place north of it, and none north 
 of it can trade to any port or place south of it 
 except upon terms dictated by a Government 
 foreign to them. These outlets, east, west, and 
 south, are indispensable to the well-being of 
 the people inhabiting, and to inhabit, this vast 
 interior region. Which of the three may be 
 the best is no proper question. All are better 
 than either ; and all of right belong to that 
 people, and to their successors forever. True 
 to themselves, they will not ask where a line of 
 separation shall be, but will vow rather that 
 there shall be no such line. Nor are the mar- 
 ginal regions less interested in these communi- 
 cations to and through them, to the great 
 outside world. They, too, and each of them, 
 must have access to this Egypt of the West 
 without paving toll at the crossing of any na- 
 tional boundary. 
 
 Our national strife springs not from our per- 
 manent part ; not from the land we inhabit ; 
 not from our national homestead. There is no 
 possible severing of this, but would multiply 
 and not mitigate evils among us. In all its 
 adaptations and aptitudes it demands union 
 and abhors separation. In fact it would, ere 
 long, force reunion, however much of blood 
 and treasure the separation might have cost. 
 
 Our strife pertains to ourselves — to the pass- 
 ing generations of men ; and it can, without 
 convulsion, be hushed forever with the passing 
 of one generation. 
 
 In this view, I recommend the adoption of 
 the following resolution and articles amenda- 
 tory to the Constitution of the United States : 
 
 " Itesoloed by the Senate and Tfmixr of li'.prrxDihiliivx ot 
 the United Stales of Amcrim in *..•,,,>..; :isy'i>il,h :i. mwo 
 thirds of both Houses ccni' m i i:i;:.i Tii:ii ili^' imIIowim- 
 articles be proposed to thi^ I r_;i :,,iiir; , ,.r , ..hm mi m^, nf 
 the sevoriil States as anii'iuhmnls t.> Ihc Coiislituiinii oT 
 the United Stntes, all or any of which articles when ratilicil 
 by three fourths of the said Legislatures (or conventions) 
 to be valid as part or parts of tho said Constitution, 
 namely : 
 
 " Article — . Every State, wherein slavery lunv exists, 
 
 I'iii, at any time, or times, 
 
 1 1 1 .vc;ir of our Lord one 
 
 r.impeusuliou from 
 
 to every 
 such State bunvls ol tliu tiiil. 1 m,iI -. I. n:,., hMir.-t 
 
 at the rate of per cent. |m i- -.lu.vr . ' i ;:i . mt 
 
 equal to tho a.SKregato sum of • t"r ■ • i - ii \. ti 
 
 to have been tli'Ti-in l.v tin- fijiili . i,,, i lii,- t.U.ud 
 States, said boil. h 1. I ■> ; I i-- , , rs by iik-.t.a- 
 
 nients, or in oin- , ; i . ..! I ... I • !,• il,u abolish- 
 ment, accordii I" I, \ :i lii. , . I ;i ii . I :i in-adual, or 
 at one time, wiUiiii niii h . . i ; ::li . . '1 1- 'rin to 
 
 run upon any such hoivl '■•.'• \ : i t iti 
 
 delivery as aforesaid. .\ i , ' i : ' i i : i-.-rs 
 
 aforesaid,andafterwarils I )!m M > ' : , ; i m ■ i,,\. ry 
 
 therein, shall refund to tlio (in; , i ii.iiiis no n- 
 
 ceived, or the value thereof, aihi : i i i i i lliereon. 
 
 "Aeticle — .All slaves wli.i -1 m ' j-vc^d actual 
 
 freedom by the chances of the w.M n, ; ■ Immoiu ilio 
 
 end of the rebellion, shall bo l.'i' ^ : ^ : !l . ,in-rs 
 
 of such, vfho shall not have be. !M i i i-ii- 
 
 sated for them, at the same hip i , ; — .: 'S 
 
 adopting abolishment of slavri.), hui m -u h \.;:v ilmi no 
 slave shall be twice accounted for. 
 
 " AuTiCLE — . Congress may appropriate money and oth- 
 erwise provide for colonizing free colored persons, with 
 their own consent, at any place or places without the United 
 States." 
 
 I beg indulgence to discuss these proposed 
 articles at some length. Without slavery the 
 rebellion could never have existed ; without 
 slavery it could not continue. 
 
 Among the friends of the Union there is great 
 diversity of sentiment and of policy in regard to 
 slavery, and the African race among us. Some 
 would perpetuate slavery ; some would abolish 
 it suddenly, and without compensation; some 
 would abolish it gradually, and with compensa- 
 tion ; some would remove the freed people from 
 us, and some would retain them with us ; and 
 there are yet other minor diversities. Because 
 of these diversities, we waste much strength iu 
 struggles among ourselves. By mutual conces- 
 sion we should harmonize and act together. 
 This would be comprotr ise ; but it would be 
 compromise among the friends, and not with t.e 
 enemies of the Union. These articles are in- 
 tended to embody a plan of stich mutual con- 
 cessions. If the plan shall be adopted, it is 
 assumed that emancipation will follow, at least, 
 iu several of the States. 
 
 As to the first article, the main points are : 
 first, the emancipation ; secondly, the length of 
 time for consummating it — thirty-seven years ; 
 and, thirdly, the compensation. 
 
 The emancipation will be unsatisfactory to 
 the advocates of perpetual slavery ; but the 
 length of time should greatly mitigate their dis- 
 satisfaction. The time spar«;s both races from 
 the evils of suddea derangement — in fact, from 
 the necessity of any derangement — while most 
 of those whose habitual coi>rse of thought will 
 be disturbed by the measure will have passed 
 away before its consummation. They will never 
 see it. Another class will bail the prospect of 
 emancipation, but will dcpref:ate the length of 
 time They will feel that it gives too little to 
 the now living slaves. But it really gives them 
 much. It saves them from the vagrant desti- 
 tution which must largely attend immediate 
 emancipation in localities where their numbers 
 are very great ; and it gives tlie in.spiring as- 
 surance that their posterity shall be free for- 
 ever. The pl.in leaves to each State, choosing 
 io act under it, to abolish slavery now or at the 
 end of the century or at any intermediate time 
 
222 
 
 EMANCIPATION. 
 
 or by degrees, extending over the whole or any 
 pan of the period ; and it ob'iges no two States 
 to proceed alike. It also pi'ovides for compen- 
 eation, and generally, the mode of making it. 
 This, it would se^m, must further mitigate the 
 dissatisfaction of those who favor perpetual 
 slavery, aud especially of those who are to re- 
 ceive the compensation. Doubtless some of 
 those who are to pay, aud not to receive, will 
 object. Yet the measure is both just and 
 economical. In a certain sense, the liberation 
 of slaves is the destruction of property — pro- 
 perty acquired by descent, or by purchase, the 
 same as any other property. It is no less true 
 for having been often said, that the people of 
 the South are not more responsible for the ori- 
 ginal introduction of this property than are the 
 people of the North ; and when it is remem- 
 bered how unhesitatingly we all use cotton and 
 sugar, and share the profits of dealing in them, 
 it may not be quite safe to say that the South 
 has been more responsible than the North for 
 its continuance. If, then, for a common object, 
 this property is to be sacrificed, is it not just 
 that it be done at a common charge ? 
 
 And if, with less money, or money more 
 easily paid, we can preserve the benefits of the 
 Union by this means than we can by the war 
 alone, is it not also economical to do it ? Let 
 as consider it then. Let us ascertain the sum 
 we have expended in the war since compensa- 
 ted emancipation was proposed last March, and 
 consider whether, if that measure bad been 
 promptly accepted, by even some of the slave 
 States, the same sum would not have done more 
 to close the war than has been otherwise done. 
 If so, the measure would save money, and, in 
 that view, would be a prudent and economical 
 measure. Certainly it is not so easy to pay 
 something as it is to imj nothinc/ ; but it is easier 
 to pay a larye sum than it is to pay a larytr 
 one. And it is easier to pay any sum when we 
 are able, than it is to pay it before we are able. 
 The war requires large sums, and requires 
 them at once. The agj^regate sum necessary 
 for compensated emancipation of course would 
 be large. But it would require no ready cash, 
 nor the bonds, even, any faster than the eman- 
 cipation progresses. This might not, and pro- 
 bably would not, close before the end of the 
 thirty-seven years. At that time we shall 
 probably have a hundred million people to 
 share the burden, instead of thirty-one mil- 
 lions, as now. And not only so, but the in- 
 crease of our popidation may be expected to 
 continue for a long time after that period as 
 rapidly as before ; because our territory will 
 not have become full. 1 do not state this in- 
 considerately. At the same ratio of increase 
 which we have maintained, on an average, from 
 our first national census in 1790, until that of 
 18G0, we should, in 1900, have a population of 
 103,208,415. And why may we not continue 
 that ratio far beyond that period? Our abun- 
 dant room — our broad national homestead — is 
 ourample resource. Were our territoryas limited 
 us are the British Isles, very certainly our popu- 
 lation could not expand as stated. Instead of re- 
 ceiving the foreign born, as now, we should be 
 compelled to send pnft of the native born away. 
 
 But such is not our condition. We have two 
 million nine hundred and sixty-three thousand 
 square miles. Europe has three million and 
 eight hundred thousand, with a population 
 averaging seventy-three and one third persons 
 to the square mile. Why may not our country, 
 at some time, average as many? Is it less 
 fertile ? Has it more waste surface, by moun- 
 tains, rivers, lakes, deserts, or other causes ? 
 Is it inferior to Europe in any natural advan- 
 tage ? If, then, we are at some time to be as 
 populous as Europe, how soon ? As to when 
 this may be, we can judge by the past and the 
 present; as to when it ivill be, if ever, depends 
 much on whether we maintain the Union. Sev- 
 eral of our States are already above the average 
 of Europe — seventy-three and a third to the 
 square mile. Massachusetts has 157; Rhode 
 Island, 133; Connecticut, 99; New York aud 
 New Jersey, each, 80. Also two other great 
 States, Pennsylvania and Ohio, are not far below, 
 the former having 63 and the latter 59. The 
 States already above the European average, ex- 
 cept New York, have increased in as rapid a 
 ratio, since passing that point, as ever before ; 
 while no one of them is equal to some other 
 parts of our country in natural capacity for 
 sustaining a dense population. 
 
 Taking the nation in the aggregate, and we 
 find its population and ratio of increase, for the 
 several decennial periods, to be as follows : 
 
 1790 3,929,827 
 
 1800 5,305,937 35.02 per cent, ratio of increase. 
 
 1810 7,2.S9,814 36.45 " " 
 
 1S20 9,638,131 33.13 « « 
 
 1830 12,866,020 33.49 " " 
 
 1840 17,069,453 32.67 " " 
 
 1850 23,191,876 35.87 » '' 
 
 1860 31,443,790 35.58 '« « 
 
 This shows an average decennial increase of 
 34.69 per cent, in population through the sev- 
 enty years from our first to our last census yet 
 taken. It is seen that the ratio of increase, at 
 no one of these seven periods, is either two per 
 cent, below or two per cent, above the average; 
 thus showing how inflexible, and, coiwequeutly, 
 how relbible, the law of increase, in our case, 
 is. Assuming that it will continue, gives the 
 following results : 
 
 1870 , 42,323,341 
 
 1880 .^6,H67,216 
 
 1890 76,677,872 
 
 1900 10:V-US,415 
 
 1910 1.38,918,5.6 
 
 19110 186,984,335 
 
 1930 251,t;80,914 
 
 These figures show that our country may be 
 as populous as Europe now is at some point 
 between 1920 and 1930 — say about 1925 — our 
 territory, at seventy-three and a third persons 
 to the square mile, being of capacity to contain 
 217,186,000. 
 
 And we xvill reach this, too, if we do not 
 ourselves relinquish the cL ince by the folly 
 and evils of disunion, or by iong and exhaust- 
 ing war springing from the ( uly great element 
 of national discord among us. While it can- 
 not be foreseen exactly how much one huge 
 example of secession, breeding lesser ones in- 
 definitely, would retard population, civiliza- 
 tion, and prosperity, no one can doubt that the 
 extent of it would be very great and injurious. 
 
 The proposed emancipation would shorten 
 
EMAXCIPATION. 
 
 223 
 
 tbe war, perpetuate peace, insure this increase 
 of population, and proportionately the wea>th 
 of the country. With these, we should pay 
 all the emancipation would cost, together with 
 our other debt, easier than we should pay our 
 other debt without it. If we had allowed our 
 old national debt to run at six per cent, per 
 annum, simple interest, from the end of our 
 revolutionary struggle until to-day, without 
 paying anything on either principal or latere t, 
 each man of us would owe less upon that debt 
 now than each man owed upon it then ; and 
 this because our increase of men through the 
 whole period has been greater than six per 
 cent.; has run faster than the interest upon the 
 debt. Thus, time alone relieves a debtor na- 
 tion, so long as its population increases faster 
 than unpaid interest accumulates on its debt. 
 
 This fact would be no excuse for delaying 
 payment of what is justly due; but it shows 
 the great importance of time in this connec- 
 tion — the great advantage of a policy by which 
 we shall not have to pay until we number a 
 hundred millions, what, by a different policy, 
 we would have to pay now, when we number 
 but thirty-one millions. In a word, it shows 
 that a dollar will be much harder to pay for 
 the war than will be a dollar for emancipation 
 on the proposed plan. And then the latter will 
 cost no blood, no precious life. It will be a 
 saving of both. 
 
 As to the second article, I think it would be 
 impracticable to return to bondage the class of 
 persons therein contemplated. iSome of them, 
 doubtless, in the property sense, belong to loyal 
 owners, and hence provision is made in this ar- 
 ticle for compensating such. 
 
 The third article relates to the future of the 
 freed people. It does not oblige, but merely 
 authorizes, Congress to aid in colonizing such 
 as may consent. This ought not to be regarded 
 as objectionable on the one hand or on the other, 
 insomuch as it comes to nothing, unless by the 
 mutual consent of the people to be deported, 
 and the American voters, through their repre- 
 sentatives in Congress. 
 
 I cannot make it better known than it already 
 is, that I strongly favor colonization. And yet 
 I wish to say there is an objection urged against 
 free colored persons remaining in the country 
 which is largely imaginary, if not sometimes 
 malicious. 
 
 It is insisted that their presence would in- 
 jure and displace white labor and white la- 
 borers. If there ever could be a proper time 
 for mere catch arguments, that time surely is 
 not now. In times like the present men should 
 utter nothing for which they would not will- 
 ingly be responsible through time and in eter- 
 nity. Is it true, then, that colored people can 
 displace any more white labor by being free than 
 by remaining slaves ? If they stay in their old 
 places, they jostle no white laborers; if they 
 leave their old places, they leave them open to 
 white laborers. Logically, there is neither more 
 nor less of it. Emancipation, even without de- 
 portation, would probably enhance the wages of 
 white labor, and, very surely would not reduce 
 them. Thus, the customary amount of labor 
 would still have to be performed ; the freed peo- 
 
 ple would surely not do more than their old pro- 
 portionof it, and, very probably, for a time would 
 do less, leaving an increased part to white la- 
 borers, bring their labor into greater demand, 
 and consequently enhancing the wages of it. 
 With deportation, even to a limited extent, en- 
 hanced wages to white labor is mathematically 
 certain. Labor is like any other commodity in 
 the market — increase the demand for it and 
 you increase the price of it. Reduce tbe sup- 
 ply of black labor by colonizing the black la- 
 borer out of the country, and by precisely so 
 much you increase the demand for and wages 
 of white labor. 
 
 But it is dreaded that the freed people will 
 swarm forth, and cover the whole land ? Are 
 they not already in the land? Will liberation 
 make them any more numerous ? Equally dis- 
 tributed among the white* of the whole coun- 
 try, and there would be but one colored to seven 
 whites. Could the one, in any way, greatly 
 disturb the seven ? There are many communi- 
 ties now, having more than one free colored 
 person to seven whites ; and this, without any 
 apparent consciousness of evil from it. The 
 District of Columbia, and the States of ]\Iary- 
 land and Delaware, are all in this condition. 
 The District has more than one free colored to 
 six whites; and yet, in its frequent petitions 
 to Congress, I believe it has never presented the 
 presence of free colored persons as one of its 
 grievances. But why should emancipation 
 south, send the freed people north ? People, of 
 any color, seldom run, unless there be some- 
 thing to run from. Heretofore colored people, 
 to some extent, have fled north from bondage, 
 and now, perhaps, from both bondage and des- 
 titution. But if gradual emancipation and de- 
 portation be adopted, they will have neither to 
 flee from. Their old masters will give them 
 wages at least until new laborers can be pro- 
 cured ; and the freed men, in turn, will gladly 
 give their labor for the wages, till new homes 
 can be found for them, in congenial climes, and 
 with people of their own blood and race. This 
 proposition can be trusted on the mutual inter- 
 ests involved. And, in any event, cannot the 
 North decide for itself, whether to receive them? 
 
 Again, as practice proves more than theory, 
 in any case, has there been any irruption of 
 colored people northward because of the abo- 
 lishment of slavery in this District last spring ? 
 
 What I have said of the proportion of free 
 colored persons to the whites in the District is 
 from the census of 1860, having no reference to 
 persons called contrabands, nor to those made 
 free by the act of Congress abolishing slavery 
 here. 
 
 The plan consisting of these articles is recom- 
 mended, not but that a restoration of the na- 
 tional authority would be accepted without its 
 adoption. 
 
 Nor will the war, nor proceedings under the 
 proclamation of September 22, 18G2. be stayed 
 because of the recommcndalion of this plan. Its 
 timely adoption, I doubt not, would bring res- 
 toration, and thereby stay both. 
 
 And, notwithstanding this plan, the recom- 
 mendation that Congress provide by law for 
 compensating any State which may adi^pt cman- 
 
^24 
 
 EMANCIPATION. 
 
 cipation before this plan shall have been acted 
 upon is hereby earnestly renewed. Such would 
 be only an advance part of the plan, and the 
 same arguments Apply to both. 
 
 This plan is recommended as a means, not in 
 exclusion of but additional to all others for 
 restoring and preserving the national author- 
 ity throughout the Union. The subject is pre- 
 sented exclusively in its economical aspect. 
 The plan would, I am confident, secure peace 
 more speedily, and maintain it more perma- 
 nently, than can be done by force alone ; while 
 all it would cost, considering amounts, and 
 manner of payment, and times of payment, 
 would be easier paid than will be the additional 
 cost of the war, if we rely solely upon force. 
 It is much, very much, that it would cost no 
 blood at all. 
 
 The plan is proposed as permanent consti- 
 tutional law. It cannot become such without 
 the concurrence of, first, two thirds of Con- 
 gress, and afterwards, three fourths of the 
 States. The requisite three fourths of the 
 States will necessarily include seven of the 
 slave States. Their concurrence, if obtained, 
 will give assurance of their severally adopting 
 emancipation at no very distant day upon the 
 the new constitutional terms. This assurance 
 would end the struggle now, and save the Union 
 forever. 
 
 I do not forget the gravity which should 
 characterize a paper addressed to the Congress 
 of the nation by the Chief Magistrate of the 
 nation. Nor do I forget that some of you are 
 my seniors, nor that many of you have more 
 experience than I in the conduct of public 
 affairs. Yet I trust that in view of the great 
 responsibility resting upon me, you will per- 
 ceive no want of respect to yourselves in any 
 undue earnestness I may seem to display. 
 
 Is it doubted, then, that the plan I propose, 
 if adopted, would shorten the war, and thus 
 lessen its expenditure of money and of blood? 
 Is it doubted that it would restore the national 
 authority and national prosperity, and perpet- 
 uate both indefinitely ? Is it doubted that we 
 here — Congress and Executive — can secure its 
 adoption? Will not the good people respond 
 to a united and earnest appeal from us ? Can 
 we, can they, by any other means so certainly 
 or so speedily assure these vital objects ? We 
 can succeed only by concert. It is not " can 
 any of us imagine better ?'' but '• can we all do 
 better?" Object whatsoever is possible, still 
 the question recurs "can we do better?" The 
 dogmas of the quiet past are inadequate to the 
 stormy present. The occasion is piled high 
 with difticulty, and we must rise with the oc- 
 casion. As our case is new, so we must think 
 anew and act anew. We must disenthrall our- 
 selves, and then we shall save our country. 
 
 Fellow-citizens, iv» cannot escaj^e history. 
 We, of this Congress and this Administration, 
 will be remembered in spite of ourselves. No 
 personal significance, or insignificance, can 
 spare one or another of us. The fiery trial 
 through which we pass will light us down, in 
 honor or dishonor, to the latest generation. 
 We saij we are for the Union. The world will 
 not forget that we say this. We know how to 
 
 save the Union. The world knows we do know 
 how to save it. We — ev; n we here — ho.'d the 
 power and bear the responsibility. In giving 
 freedom to the slave' we assure freedom to the 
 free — honorable alike in what we give and what 
 we preserve. We shall nobly save, or meanly 
 lose, the last, best hope of earth. Other means 
 majr succeed; this could not fail. The w.ay is 
 plain, peaceful, generous, just — a way which, 
 if followed, the world will forever applaud, 
 and God must forever bless. 
 
 ABRAHAM LINCOLN. 
 
 COMPENSATED EMANCIPATION IN MISSOURI.* 
 
 Third Session, Thirty-Seventh Congress. 
 
 IN HOUSE. 
 1SC3, Jan. 6 — Mr. Noell, of Missouri, from 
 the Select Committee, reported a bill, providing 
 that the following propositions be submitted to 
 the State of Missouri to be accepted or rejected 
 by the Legislature or people thereof: 
 
 1. The Government of the United States will, upon the 
 passage by said State of a good and valid aet of emancipa- 
 tion of all the slaves therein, to take effect witliinthe period 
 hereinafter named, and to be irrepealable unless by the 
 consent of the United States, apply the sum of $10,000,000, 
 in United States bonds, redeemable in thirty years from 
 their date, .ind bearing interest, payable semi-annually, at 
 the rate of five per cent, per annum, for the purpose of 
 paying to the loyal owners of such slaves in saidState ajust 
 compensation for the loss of the services of such slaves ; 
 the said bonds to be prepared and issued by the Secretary 
 of the Treasury, under such rules and regulations as he 
 may prescribe to make effective the provisions of this act. 
 
 2. That in the event of the adoption by the said Str.te of 
 abolishment of slavery therein, as hereinbefore provided, 
 the Government of the United States will employ all rea- 
 sonable means for the deportation of such of said emanci- 
 pated slaves, and for their settlement or colonization in 
 some place outside of the United States, as may consent 
 thereto, so soon as and whenever proper negotiations can 
 bo made with any country for such settlement or coloniza- 
 tion in a congenial climate, or within a reasonable time 
 thereafter. 
 
 The semi-annual interest to be payable, and the bonds re- 
 deemable out of moneys to be hereafter appropi'iated by 
 Congress, and to be reimbursed to the United States Treas- 
 ury from the property of rebels confiscated, and no part of 
 the money to be paid to persons who have, at any time 
 engaged in or in any maimer aided in the rebellion, or held 
 office under the Confederate States, &c. The bonds to be 
 delivered to the Governor of Missouri when the President 
 shall be satisfied that a valid act of immediate emancipa- 
 tion shall have been passed by the Legislature, irrepealable 
 mthout the consent of the United States, and within one 
 year from Jan. 1, 1863. 
 
 Mr. HoLMAN moved to lay the bill on the 
 table ; which was lost — yeas 42, nays 73. 
 
 An unimportant amendment was made, when 
 Mr. Pendleton moved to lay the bill on the 
 table ; which was lost — yeas 44, nays 72. 
 
 Mr. Cravens then moved that the House ad- 
 journ ; which was lost — yeas 19, nays 82 
 
 When the bill passed — yeas 83, nays 50, as 
 follows : 
 
 Aldiich, Alley, Ashley, Babbitt, Baker, Bax- 
 ter, Bingham, Jacob B. Blair, Blake, Buffinton, Burnhiun, 
 Campbell, Chamberlain, Clark, Colfax, Frederick A. C<mk- 
 ling, Roscoo Conkling, Covode, Duell, Edgerton, Edwards, 
 Eliot, Ely, Fenton, Samuel C.Fessendon. Thomas A. D. Fes- 
 senden, Fisher, Frauchot, Gooch, Goodwin, llale, Harrison. 
 Hickman, Hooper, Horton, Hutchins, Julian, Kelley, Fran- 
 cis \V. Kellogg, Lansing, Lehman, Looniis, Lovejoy, Low, 
 JIcKean, McKnight, McPhersou, Mavnard, Moorhead, Anson 
 P. Morrill, Justin S. Morrill, JSrneM,'0\m, Patton, Timothy 
 G. Phelps, Pike, Pomeroy, Alexander H. Pace, John H.Rice, 
 Riddle, Edward H. Rollins. Jmncs S. RnUins. Sargent, Sedg- 
 wick, Shanks, Shcffiihl, Shellabarger, Sherman, Spaulding, 
 Stevens, Benjamin F. Thomas, Train, Trowbridge,Van Horn, 
 
 csolutions of Convention, supra. 
 
EMANCIPATION. 
 
 225 
 
 Van Viilkenlmr-h. Venep.'U'alknr, Wall, Wallace, Wheeler, 
 
 Alliert S. Wl.if'. \Vi;i.l :ii. U , „. . .-cr— 83. 
 
 Nays— M - ^ i , i . riia, Baity, BifIdlf,Calr 
 
 ?vr<,Clemeni- ■ '"'nis, Cn«endc«, Davis, 
 
 i»«n/,r„.Iliirii <.' .-' . :! ' /.irilLILinlimj^Hol- 
 
 man. ./ ■ . ■>!.' . I.' ■' /\' ■'■ ■; '. !■: >■::. LaW, 
 
 MaUn, ■. \ . '. ■■ ■ .\. \ ': . t'cn-ii, 
 
 Poi-ln. , ,. . . ... o. .../ . . /■- ^ - •• i:, ■,.,• J ::.SIa'U, 
 
 IFtt>-cZ,Weboter, M'icJdijJ'e, ^VilsoIl, K'ooci, Hoou'rui/— 00. 
 
 IN SENATE. 
 
 January 14 — Mr. Trumbull, from the Com- 
 mittee on the Judiciary, reported a substitute as 
 follows : 
 
 That whenever satisfactory evidence shall be presented to 
 the President of the United States that the State of Jlis- 
 souri has adopted a valid and constitutional law, ordinance, 
 or other provision for the gradual or immediate emancipa- 
 tion of all the slaves therein, and the exclusion of slavery 
 forever thereafter from said State, it shall be his duty to 
 prepare and deliver to the Governor of said State, as here- 
 inafter provided, to be used by said State to compensate for 
 the inconveniences produced by such chana;e of system, 
 bonds of the United States to the amount of .$20,000,000, the 
 same to bear interest at the rate of five percent, per annum, 
 and payable tliirty years after the date thereof: Provided, 
 That the said bonds shall not be delivered as herein di- 
 rected unless the act of emancipation shall be adopted by 
 said State within twelve months after the p<issage of tli& 
 act, nor unless said act shall provide that slavery or invol- 
 untary servitude within said State, except in punishment 
 of crime, shall forever cease and determine on some day not 
 later than the 4th day of July, 1876, and never afterwards 
 be introduced therein: And j)rovided further, That said 
 bonds in their aggregate amount shall not exceed the sum 
 of S300 for each slave emancipated under the provisions of 
 this act and the act of emancipation to be passed in the 
 State of Missouri in pursuance thereof, not including any 
 slave who shall be introduced into said State subsequently 
 to the passage of this act, or has been emancipated or shall 
 become free under the provisions of an act entitled "An act 
 to suppress insurrection, to punish treason and rebellion, to 
 seize and confiscate the property of rebels, and for other 
 purposes," approved July 17, 18G2. 
 
 ^EC. 2. And be it further enacted. That in the event of 
 the adoption by said State of an act or ordinance for the 
 abolition of slavery therein, as hereinbefore provided, the 
 President shall, from time to time, as they may bo re- 
 quired, cause bonds to be prepared and delivered, as afore- 
 said, in such amounts as may be necessary to pay for each 
 slave made free under the provisions of this act, and the 
 act to be passed by the State of Missouri in pursuance 
 thereof, not to exceed an average of $300; said bonds to be 
 delivered only as said slaves are made free, and in the ag- 
 gregate not to exceed $20,000,000; and not to exceed 
 $10^000,000, unless the law or act of emancipation to be 
 adopted by said State shall provide for the full and perfect 
 manumission of all the slaves therein on or before the 'ith 
 day of July, A. D. 1865, and the future exclusion of the 
 system of slavery from the State forever thereafter. 
 
 Sec. 3. And he it further enacted. That iipon the enact- 
 ment of a law by said State referring to this act, accepting 
 its provisions and adopting laws for the ultimate extinction 
 of slavery therein, the faith of the United States and of the 
 said State will be pledged to carry out the terms of the 
 compact thus created : Provided, That nothing herein con- 
 tained shall prevent the State from making at any time 
 such alterations or amendments in its emancipation laws 
 as do not conflict with this act, or such as shall only de- 
 crease the time during which slavery may exist in the said 
 State. 
 
 Feb. 7 — Mr. Wilson, of Missouri, offered the 
 f )llowing amendment : 
 
 That the said bonds shall not be delivered as herein di- 
 roctc 1 unless the act of emancipation shall be adopted by 
 said State within three years after the passage of this act. 
 Striking out "twelve months" and inserting 
 '•three years;" which was disagreed to — yeas 
 8. nays 27, as follows: 
 
 Ye.\s — Jlossrs. CarUle, Davis, Kennedy, Nesmith, Powell, 
 liichardfon. Wall, Wilson of Missouri — 8. 
 
 N.\Y.s— Mossi-s. Anthony, Arnold, Chandler, Clark, Colla- 
 raer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, 
 Harding, Harlan, Harris, Henderson, Hicks, King, Lane of 
 Indiana, Lane of Kansas, Morrill, Pomeroy, Sumner, Ten 
 Kyck, Trumbull, Willey, Wilmot, Wilson of Massachusetts 
 
 Mr. Wilson, of Missouri, moved to strike out 
 the provision limiting the amount to be paid 
 for each slave, as follows : 
 
 And jyrovided further, That said bonds in their aggregate 
 amount shall not exceed the sum of SoOO for eacii slave 
 emancipated under the provisions of this act and the act of 
 emancipation to be passed by the State of Missouri in pur- 
 thereof. 
 
 Which was disagreed to — yeas 9, nays 27, as 
 follows : 
 
 Yeas — Messrs. Davis, Kennedy, Latham, Nesmith, Powell, 
 Rice, Wall, Willey, Wilson of Missouri— 9. 
 
 Nats — Messrs. Anthony, Arnold, Chandler, Clark, Colla- 
 mer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, 
 Harding, Harlan, Harris, Henderson, Hicks, King, Lane of 
 Indiana, Lane of Kansas, Morrill, Pomeroy, Sheiinan, Sum- 
 ner, Ten Eyck, Trumbull, Wilmot, Wilson of Massachusetts 
 -27. 
 
 Mr. Powell moved to strike out of the first 
 section the words "not to exceed $20,000,000," 
 and insert " $11,000,000 ;" which was disagreed 
 to — yeas 13, nays 22, as follows: 
 
 Yeas — Messrs. Carlile, Clark, CoUamer, Davis, Fessenden, 
 Grimes, Harding, Harlan, Lane of Indiana, JVesmith, Pok- 
 ell, Rice, IFa?J— 13. 
 
 Nats — Messrs. Anthony, Arnold, Chandler, Dixon, Doo- 
 little, Foot, Foster, Harris, Henderson, Howard, King, Lane 
 of Kansas, Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, 
 Wade, AVilley, Wilmot, Wilson of Massachusetts, iVilson of 
 Missouri — 22. 
 
 Mr. Wilson, of Missouri, offered the follow- 
 ing amendment: 
 
 And be it further enacted. That no part of the bonds 
 herein specified shall be delivered until the act of the Legis- 
 lature or the Constitutional Convention of the State of Mis- 
 souri providing for the emancipation of the slaves in said 
 State shall be submitted to a vote of the people and ap- 
 proved by a miijority of the legal voters of said State. 
 
 Which was disagreed to — yeas 13, nays 27, as 
 follows : 
 
 Yeas — Messrs. Carlile, Darts, Hardin't, Kexmedij, Nesmith, 
 Powell, Rice,. Richardson, SauUbury, Turjne, Wall, Willey, 
 Wilson of Missouri — 13. 
 
 Nats — Messrs. Anthony, Arnold, Chandler, Clark, CoUa- 
 mer, Dixon, Doolittle, Fessenden, Foit.l'o.stir, Grimes, Har- 
 lan, Harris, Henderson, Howard, Howe, King, Lane of In- 
 diana, Lane of Kansas, Morrill, Pomeroy, Sumner, Tea 
 Evck, Trumbull, Wade, Wilmot, Wilson of Massachusetts 
 —27. 
 
 Mr. Sumner offered an amendment to strike 
 out "seventy-six," in the first section, and in- 
 sert "sixty-four," making the act to take effect 
 on the 4th of July, 18G4 ; which was disagreed 
 to — yeas 11, nays 26, as follows: 
 
 Yeas — Messrs. Fessenden, Grimes, Harlan, Lane of Indi- 
 ana, Lane of Kansas, Pomeroy, Rice, Sumner, AVade, AVil- 
 mot, Wilson of Massachusetts — 11. 
 
 Nats — Messrs. Anthony, Arnold, Chandler, Clark, Cowan, 
 Davis, Dixon, Doolittle, Foot, Foster, Harding, Harris, Hen- 
 derson, Howard, Howe, King, Latham, Morrill, Nesmith, 
 Powell, Sherman, Ten Eyck, TrumbuU, Wall, Willey, M'ilr 
 son of Missouri — 26. 
 
 February 12 — Mr. Sumneb offered the follow- 
 ing amendment : 
 
 That said bonds, in their aggregate amount, shall not ex- 
 ceed the sum of $200 for each slave emancipated. 
 
 Which was agreed to — yeas 19,' nays 17, as 
 follows : 
 
 Yeas — Messrs. Carlile, Clark, CoUamer, Fessenden, Grimes, 
 Harlan, Howe, King, Lane of Indiana, Lane of Kjinsns, 
 Pomeroy, Rice, Shormnn. Suiiinor.Tiunibull, Wade, Wilkin- 
 son, Wilmot, Wi!.<:.ii .1 ^.[: ^ M . i: — l:i. 
 
 Nays — Messrs. -\ii . N' ' ' n. Dixon, Doolittle, 
 
 Foster, Harris. II' ' < . i .;.nl. Latham, Mc- 
 
 Dougall, Morrill, 7,/ >.,' ,^ in l.yk, Wall, Wilson of 
 Missouri — 17. 
 
 Mr. Sumner offered an amendment to strike 
 out of the first section the word '• gradual," 
 making the operation of emancipation imme- 
 
226 
 
 EMANCIPATION. 
 
 diate ; which was disagreed to — yeas 11, nays 
 27, as follows : 
 
 Yeas — Messrs. Carlilf, Collamer, Cowan, Fessenden, 
 Grimes, Harlan, Lanu of Kansas, Pomeroy, Sumner, Wade, 
 Wilson of JIassachusetts — 11. 
 
 Nats — Messrs. Anthony, Arnold, Chandler, Clark, Davis, 
 Dixon, Doolittle, Foster, Harris, Henderson, Hicks, Howard, 
 Howe, Kiiifi. Latham, McDmigaU, Morrill, JSfesmith, Pmvell, 
 Mice, Richardson, Sherman, Ten Eyck, Trumbull, Wilkin- 
 son, Wilmot, IKiVsoJi of Missoiui — 27. 
 
 The bill, as amended, then passed the Senate 
 — yeas 23, nays 18, as follows : 
 
 Yeas — Blessrs. Anthony, Arnold, Chandler, Clark, Col- 
 lamer, Doolittle, Foot, Foster, Harlan, Harris, Henderson, 
 Howard, Ilowe, King, Lane of Kansas, Morrill, Pomeroy, 
 Sumner, Trumbull, Wade, Wilkinson, Wilmot, Wilson of 
 Massachusetts — 23. 
 
 Nats — Messrs. Carlile, Cowan, Davis, Fessenden, Grimes, 
 Harding, Kennedy, Lane of Indiana, Latham, McDaugall, 
 Ne.smith, Powell, Hicliardson, Saulsbury, Ten Eyck, Tur^ne, 
 Wall, Wilson of Missomi— 18. 
 
 February 18 — The bill was considered in the 
 House of Ilepresentatives, and recommitted to 
 the Select Committee — yeas 81, nays 51. 
 
 February 25 — The committee reported back 
 the bill, but it was not again considered by the 
 House. 
 
 March 3 — Mr. White, of Indiana, moved to 
 suspend the rules'to take it up, but the motion 
 was lost — yeas G2, nays 57, (two thirds being 
 required.) 
 
 COMPENSATED EMANCIPATION IN MARYLAND. 
 
 1863, January 12 — Mr. Francis Thomas of- 
 fered the following resolution, which was 
 agreed to : 
 
 Pesolved, That the Committee on Emancipation and Colo- 
 nization be instructed to iucjuire into the expediency of 
 making an appropriation to aid the State of Maryland in a 
 system of emancipation and colonization of persons of color, 
 inhabitants of said State. 
 
 January 19 — Mr. Bingham, of Ohio, intro- 
 duced a bill giving aid to the State of Mary- 
 land, for the purpose of securing the abolish- 
 ment of slavery in said State. 
 
 February 25 — Mr. White, of Indiana, report- 
 ed baclv the bill with amendments. The bill 
 appropriated $10,000,000, upon the passage of 
 an emancipation bill, to take effect within two 
 years from Jan. 1, 1863, upon substantially the 
 terms set forth in the Missouri bill, as passed 
 by the House. 
 
 After some debate, the bill was re-coramitted 
 to the Select Committee by a vote of — yeas 75, 
 nays 55, as follows : 
 
 Yeas— Slessrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baker, Beaman, Bingham, .lacob B. Blair, Samuel S. Biair, 
 Blake, William G. Brown, Buffintou, Campbell, Casey, 
 Chamberlain, Clark, Clements, Colfax, Frederick A. Conk- 
 ling, Roscoe Conkling, Cutler, Davis, Dawes, Diven, Ed- 
 gerton, Kdwards, Eliot, Ely, Fenton, Samuel C. Fessenden, 
 Thomas A. D. Fessenden, Kislier, Flanders, Frank, Gooch, 
 Giirley, lliiliii, lliiirhiiis. Iviiey, Lansing, Leary, ie/iman, 
 Loomis, Lovejciv, I.uv,, .Mrln<ln,-, MeKean, McKnight, May- 
 nard, Mitchell. Mn,„|„M,l, .lustiii S. Morrill, Nixon, I^endle- 
 tim, Tinintliv (1. I'lulps, I'limeroy, Alexander H. Rice, John 
 H. Rice, Ki.l.lle, Edward II. Rollins, Sargent, Sedgwick, 
 /S/i€^'(;W. Shell;iliarger, Sherman, Stevens, Francis Thomas, 
 Troworidge, Verree, Walker, Wallace, Albert S. White, 
 Wilson, WiniUim — 75. 
 
 NAT.S— Messrs. William Allen, William J. Allen, Ancona, 
 Piddle, Calvert, Conway, Cnx, Cravens, Crisfield, Delano, 
 Diinlap, Dunn, Foidce, Granger, Haiglit, Hale, Hall, Hard- 
 ing, Harrison, Holman, Johnson, Kerrigan, Knapp, Law, 
 Lazear, McPhcrson, Mallory, May, Mcnzies, Morris, Kfihle, 
 Nortm, Migen, Perry, Porter, Price, Rohinson, James S. 
 Rollins, Segar, Smitli, John B. Steele, William G. Steele, 
 Sliles, Beniamin F. Thomas, Train, Trimble, Vallandigham, 
 Wudsworth, Ward, Webster, WicUiffe, Wood, Woodruff, 
 Worcester, Yeaman — 55. 
 
 It was not .ngain reached. 
 
 EMANCIPATION IN MARYLAND — ITS DAWNING. 
 
 At the meeting of the Union Convention of 
 Baltimore city. May 28, 1802, Mr. P. G. Sauer- 
 wein, from the Business Committee, reported 
 these resolutions, which were adopted, seriatim, 
 unanimously: 
 
 Whereas, the Union men of the city of Baltimore have 
 recently, by large meetings in then- respective war<ls, 
 chosen this City Convention to represent their political in- 
 terest for the ensuing year, and it is proper that amid tlie 
 rapid progress of events, and in these times of omi-rgency 
 and peril, we should more definitely settle and deOne our 
 jriisilion and principles in the lace of the country : There- 
 lore, 
 
 Resolved, By theUniOii City Convention of Baltimore, that 
 we rcallirm our unconditional adhesion to the Cousi.Uiliuu 
 and Government of the United States. 
 
 2. That the National Government ought not to lay dov.-n 
 its arms until its authority shall be acknowledged and 
 obeyed in every portion of the national territory. 
 
 3. That the attempt to revive a political organization un- 
 der the leadership of men who have, by their votes and 
 speeches, encouraged the rebellion, or carped at the neces- 
 sary measures of the Government in its hour of trial, or 
 failed to sympathize in the great uprising of the people to 
 delond the Union, ought to be discouraged by every true 
 patriot as a selQsh and disloyal effort to obta'u power in 
 the future by conciliating those who are now in flagrant re- 
 bellion. 
 
 4. That we cordially approve the firm and vigorous ef- 
 forts of the Administration to maintain the integrity and 
 honor of our country, to crush rebellion, and to anticipate 
 and dcleat the acts of traitors; and we are fully persuaded 
 that, so long as the insurrection is raging, leniency is wasted 
 alike upon the rebels in arms, and upon their malignant 
 sympathizers at home ; and that all efforts at conciliation 
 will prove unavailing till the Government shall have fully 
 demonstrated its power. 
 
 5. That we approve the wise and conservative policy pro- 
 posed by the President in his message of the 6lh March, 
 1862, and sanctioned by Congress, tendering pecr.niary aid 
 to such States as may choose to adopt a system of gradual 
 euiancipati(m-, and that it is not only the duty of the loyal 
 people of Maryland to meet the Govcrnnient in this en- 
 deavor to relieve them, in the only practical way, from the 
 evils which armed insurrection has brought upon the land, 
 thus sustaining the Government as well against the treason 
 of secession as against the radical and violent projects of 
 fanatical abolitionists, but that it is likewise for the interest 
 of all the people of this State, more especially of the Slave- 
 owners, promptly to accept the aid thus tendered, and re- 
 move from our midst an institution which has ceased to be 
 profitable, and is now injurious to our political and material 
 interests, aud dangerous to our peace and safety, by inau- 
 gurating such a plan of emancipation and colonization as 
 will be equitable to those interested, and as will tend to 
 secure the industry of the State to the while labor of the 
 State. 
 
 6. Tliat the Legislature, at its late session, in failing to 
 adopt stringent measures for the suppression of treason; in 
 failing to make adequate provision for the families of our 
 volunteers; in failing to organize the military of the State; 
 in puUing forth unnecessary protests calculated to embar- 
 rass the action of the Government and throw doubt upon 
 the position of the State; and, in neglecting to comply with 
 its constitutional duty, to provide for a vote on the question 
 of a Constitutional Convention, did not meet the demands 
 of the crisis, or answer the just expectations of the loyal 
 people of Maryland. 
 
 Whereas, the priucipleof equal rights underlies the founda- 
 tion of republican institutions; aud whereas notwithstand- 
 ing the eight counties (this city included) lying north of the 
 Sassafras and Patapsco rivers contain about three fourths 
 of the white population and wealth of this State, and pay 
 more than three fourths of the taxes, yet, according to the 
 basis of representation under the present constitution, the 
 southern counties, containing one fourth of the population 
 and wealth, and paying loss than one fourth of the taxes, 
 possess the virtual control of the whole State, sending 
 thirty-four out of the seventy four delegates, aud fourteen 
 out of twenty-two senators, to the Legislature, being an 
 average of one delegate to 3,831 white i)ersons in the south- 
 ern co'mties, against one delegate to 9,G4l in the northern, 
 and one senator to 9,205 in the former against one senator 
 to 48,205 free white persons in the latter ; and whereas, in 
 the present arrangement of representation, according to 
 which Baltimore city has no more voice in the Senate than 
 counties containing hardly more voters than one of her 
 wards, and was deprived of fifteen dclcgatrs to which she 
 was entitled, which were distributed among the southern 
 
EMANCIPATION. 
 
 227 
 
 counties exclusively, the object was to secure the power of 
 the State to the slave-owners, constituting less thans jxteen 
 thousand individuals, as is apparent from the fact that the 
 number of slaves in the city is less than one per cent, of the 
 ■whole population, and that the proportion of slaves to the 
 whites throughout the northern part of the State is less than 
 four of the former to one hundred of the latter, whilst the pro- 
 portion in the favored counties is fifty-six slaves to one hun- 
 dred white people ; and whereas. theGovernor, the judges of 
 the court of appeals, and the United States Senators are elect- 
 ed according to a similar unjust arrangement, for the same 
 purpose of confirming and perpetuating this domination of 
 the slaveholding counties; and whereas, in pursuance of 
 the same partial and iniquitous scheme, the owners of slave 
 property are exempted from equal taxation, while they are 
 compensated to its full value in the case of convict slaves — 
 all of which is an intolerable burden to the majority of our 
 people, who are, nevertheless, without a remedy under the 
 present constitution ; Therefore 
 
 Resolved, That the State constitution ought to be changed, 
 80 as to correct the present unequal representation of the 
 people in the LegisUiture, and to secure the right of repre- 
 sentation in proportion to white population to all parts of 
 the State. ARCHIBALD STIRLING, Jr., PresH. 
 
 John H. Lloyd, Secretary. 
 
 IN CONSTITUTIONAL CONVENTION. 
 
 18-64, June 24 — The question recurred on the 
 twenty-third article of the Bill of Rights: 
 
 Hereafter, in this State, there shall be neither slavery nor 
 involuntary servitude, except in punishment of crime, 
 whereof the party shall have been duly convicted, and all 
 persons held to labor as slaves are hereby declared free. 
 
 An amendment was pending, offered by Mr. 
 Brown, of Queen Anne's, as follows: 
 
 And the Legislature shall make provision from the trea- 
 sury of the State for the comfortable support aild mainte- 
 nance of the helpless and paupers hereby emancipated. 
 
 The amendment was rejected — yeas 27, nays 53 : 
 
 Ye.\s — Messrs. Berry of Baltimore county, Berry of Prince 
 George's, Billingslej', Blackiston, Briscoe, Brown, Cham- 
 bers, Clarke, Crawford, Dail, Dennis, Duvall, Edelen, Gale, 
 Harwood, HoUyday, Horsey, Johnson, Lansdale, Lee, Mar- 
 bury, Mitchell, Miller, Parran, Peter, Smith of Dorchester, 
 Turner— 27. 
 
 Nays — Messrs. President (H. H. Goldsborough), Abbott, 
 Annan, Audoun, Baker. Barron, Carter, Cunningham, Gush- 
 ing, Daniel, Davis of Charles, Davis of Washington, Earle, 
 Ecker, Farrow, Galloway, Greene, Hatch, Hebb, Hoffman, 
 Hopkins. Hopper, Jones of Cecil, Keefer, Kennard, King, 
 Larsh, Mace, Markey, McComas, Slullikin, Murray, Negley, 
 Nyman, Parker, Purnell, Ridgely, Robinette, Russell, Sands, 
 Schley, Schlosser. Scott, Smith of Carroll, Sneary, Stirling, 
 Stockbridge, Sykes, Thomas, Thruston, Valliant, Wickard, 
 Wooden— 53. 
 
 The article was then adopted— yeas 53, nays 27 : 
 
 Yeas— Messrs. H. H. Goldsborough, E. A. Abbott, A. An- 
 nan. J. H. Audoun, H. Baker. J. Barron, J. S. Berry, Jas. D. 
 Carter, B. A. Cunningham, Jos. M. Cusliing, Wm. Daniel, J. 
 F. Davis, G. Earle, J. Ecker, W. H. W. Farrow, W.Galloway, 
 A. C. Greene, S. T. Hatch, H. Hebb, W. H. Hoffman, Joel 
 Hopkins, J. A. Hopper, T. P. Jones, S. Keefer, B. H. Kennard, 
 D. King, S. Larsh, W. H. Mace, D. J. Markey, G. M, McComas, 
 J. F. MuUikin, F. T. Murray, P. Negley, L. B. Nym-an, E. L. 
 Parker, W. T. Purnell, J. L. Ridgely, J. Robinette, T. Rus- 
 sell, G. W. Sands, F. Schley, P. G. Schlosser, D. Scott, J. E. 
 Smith, J. R. Sneary, A. Stu-ling, H. Stockbridge, J. Sykes, 
 J. L. Thomas, Jr., G. A. Thruston, J. ValUant, J. Wickard, 
 W. S. Wooden— 53. 
 
 Nays— Messrs. S. H. Berry, C. Billingsley, D. G. Blackis- 
 ton, J. T. Briscoe, J. Brown, E. F. Chambers, D. Clarke, A. 
 J. Crawford, T. I. Dail, Peregrine Davis, J. U. Dennis. E. P. 
 Duvall, R. H. Edelen, W. U. Gale, S. Harwood, G. S. Holly- 
 day, C. Horsey, A. Johnson, Thomas Lansdale, J. Lee, F. 
 Marbury, J. W. Mitchell, 0. Miller, C. S. Parran, G. Peter, 
 W. A. Smith, J. Turner— 27. 
 
 Emancipation. 
 
 PHOCLAMATIONS OP THK PRESIDENT. 
 
 September 22, 1862.* 
 I, Abraham Lincoln, President of the United 
 
 * Major General McClellan's Order respecting it : 
 
 Headquarters Akmt of the Potomac, 
 [General Order No. 163.] October 7, 1862. 
 
 The attention of the oiBccrs and soldiers of the army of 
 
 States of America, and Commander-in-Chief of 
 the army and navy thereof, do hereby proclaim 
 and declare that hereafter, as heretofore, the 
 war will be pro.secuted for the object of prac- 
 tically restoring the constitutional relation be- 
 tween the United States and each of the States 
 and the people thereof, in which States that re- 
 lation is or may be suspended or disturbed. 
 
 That it is my purpose, upon the next meeting 
 of Congress, to again recommend the adoption 
 of a practical measure tendering pecuniary aid 
 to the free acceptance or rejection of all £,lave 
 States, so called, the people wh( reof may not 
 then be in rebellion against the United States, 
 and which States may then have voluntarily 
 adopted, or thereafter may voluntarily adopt, 
 immediate or gradual abolishment of slavery 
 within their respective limits; and that the 
 effort to colonize persons of African descent 
 with their consent upon this continent or else- 
 where, with the previously obtained consent of 
 the Governments existing there, will be contin- 
 ued. 
 
 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 Slate, the people 
 whereof shall then be in rebellion against the 
 United States, shall be then, thenceforward, and 
 forever free ; and the Executive Government of 
 the United States, including the military and 
 
 the Potomac is called to General Order No. 139, War De- 
 liartmeat, September 24th, 1862, publishing to the army 
 the Presidents prociamatiou of September 22U. 
 
 A proclamation of such grave moment to the nation, offi- 
 cially commuuicated to the army, affords to the Geaeial 
 Commanding au opportunity of defining specifically to the 
 officers and soldiers under his command the relatiou borno 
 by all persons iu the military service of the United States 
 towards the civil auihoriiies of the Government. 
 
 The Ciiuslitutioa confides to the civil authorities — legisla- 
 tive, judicial, and executive — the power and duty of 
 making, expouudin^, and executing the Federal laws. 
 Armed forces are raised and supported simiily to sustaia 
 the civil authorities, and are to be held in strict subordi- 
 nation thereto iu ail respects. This fundamental law of 
 our political system is essential to the security of our re- 
 publican msti"tutioiis, and should be thoroughly understood 
 and observed by every soldier. 
 
 The principle upon which and the objects for which ar- 
 mies sha^ be employed in suppressing rebellion must be 
 determiued and declared by the authorities, and the Chief 
 Executive, who is chargcd'with the aumiuistration of the 
 national affairs, is the proper and only source through 
 which the views and orders of the Goverumeat can be 
 made known to the armies of the nation. 
 
 Discussion by officers and soldiers concerning public 
 measures determined upon and declared by the Govern- 
 ment, when carried beyond the ordinary, temperate, and 
 respectful expression of opinion, tend greatly to impair and 
 destroy the discipline and efficiency of the troops, by sub- 
 stituting the spirit of political faction for the firm, steady, 
 and earnest suiiport of the authority of the Government, 
 which is the highest duty of the American soldier. The 
 remedy for political errors, if any are committed, is to be 
 found only in the action of the people at the polls. 
 
 In thus calling the attention of this army to the true 
 relation between the soldiers and the Government, the 
 General Commanding merely adverts to an evil against 
 which it has bt-en thought advisable during our whole his- 
 tory to guard the armies of the Republic, and in so doing 
 ho will not be considered, by any right minded person, as 
 casting any reflection upon that loyalty and good conduct 
 which has been so fully illustrated upon so many battle- 
 fields. 
 
 In carrying out all measures of public policy this army 
 will, of course, be guided by the same rules of mercy and 
 Christianity that have ever controlled its conduct towards 
 the defenceless. 
 
 By command of Maj. Gen. McClellan : 
 
 JAMES A. HARDIE, Lieut. Col. 
 Aid-deCamp and Act'g Ass'l Adjt. General. 
 
228 
 
 EMANCIPATION. 
 
 naval authority thereof, will recognize and 
 miintain 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 in rebellion against the United States. 
 That attention is hereby called to au act of 
 Congress entitled "An act to make an addi- 
 tional article of M'ar," approved March " 3, 
 1862, and which act is in the words and figures 
 following: 
 
 " Be it enacted hy the Senate and House of Representatives 
 of the United States of America in Congress assembled. 
 That hereafter the following shall be promulgated as an ad- 
 rtitioual article of war, for the government of the army of 
 the United States, and shall be obeyed and observed as 
 Buch. 
 
 " Article — . All officers or persons in the military or 
 naval service of the United States are prohibited from em- 
 ploying any of the forces under their respective commands 
 for the purpose of returning fugitives from service or labor 
 who may have escaped from any persons to whom such ser- 
 vice or Jabor ia claimed to be due, and any officer who shall 
 be found guilty by a court-martial of violating this article 
 shall be dismissed from the service. 
 
 " Sec. 2. And be it further enacted. That this act shall 
 take effect from and after its passage." 
 
 Also to the ninth and tenth sections of an act 
 entitled ''An act to suppress insurrection, to 
 punish treason and rebellion, to seize and con- 
 fiscate property of rebels, and for other purpo- 
 ses," approved July 17, 18G2, and which sections 
 are in the words and figures following: 
 
 " Sec. 9. And he it further enacted. That all slaves of per- 
 sons who shall hereafter be engaged in rebellion against 
 the Government of the United States or who shall in any 
 way give aid or comfort thereto, escaping from such persons 
 and taking refuge within the lines of the army; and all 
 slaves captured from such persons or deserted by them, 
 and coming under the control of the Government of the 
 United f tates ; and all slaves of such persons found on[or] 
 being within any place occupied by rebel forces and after- 
 wards occupied by the forces of the United States, shall be 
 deemed captives of war, and shall be forever free of tlieir 
 servitude, and not again held as slaves. 
 
 " Sec. 10. And be it further enacted. That no slave escap- 
 ing into any State, Territory, or the District of Columbia, 
 fr m any other State, shall be delivered up, or iu any way 
 impeded or hindered of his liberty, except for crime, or 
 Borne otfence against tlie laws, unless the person claiming 
 B-iid fugitive shall first malre oath that the person to whom 
 the labor or service of such fugitive is alleged to be due i.s 
 hi.s lawful owner, and has not borne arms against the 
 United States in the present rebellion, nor in any way given 
 aid and comfort thereto ; and no person engaged in the 
 military or uaval service of the United States shall, 
 under any pretence whatever, assume to decide on the va- 
 lidity of the claim of any person to the service or labor of 
 any other person, or surrender up any such person to the 
 claimant, on pain of being dismissed from the service." 
 
 And I do hereby enjoin upon and order all 
 persons engaged in the military and naval ser- 
 vice of tlie United States to observe, obey, and 
 enforce, within their respective spheres of ser- 
 vice, the act and sections above recited. 
 
 And the Executive will in due time recom 
 mend that all citizens of the United States who 
 
 shall have remained loyal thereto throughout 
 the rebellion shall (upon the restoration of the 
 constitutional relation between the United States 
 and their respective States and people, if that 
 relation shall have been suspended or disturbed) 
 be compensated for all losses by acts of the 
 United States, including the loss of slaves. 
 
 In witness whereof, 1 have hereunto set my 
 hand, and caused the seal of the United States 
 to be affixed. 
 
 Done at the city of Washington this twenty- 
 second day of September, in the year of our 
 Lord one thousand eight hundred and sixty- 
 two, and of the Independence of the United 
 States the eighty-seventh. 
 
 ABRAHAM LINCOLN. 
 By the President: 
 
 William H. Seward, Secretary of State. 
 
 January 1, 1863. 
 
 Whereas, on the twenty-second day of Sep- 
 tember, 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 : 
 
 " Tliat on the first day of January, in the year of our 
 Lord one thousand eight hundred and sixty-three, all per- 
 sons held as slaves within any State or designated part of 
 a State, the people whereof shall then be in rebellion 
 against the United Slates, shall be then, theuceforward, 
 and forever, free ; and the Executive Government of the 
 United States, including the military and naval authority 
 thereof, will recognize and maintain the freedom of such 
 persons, and will do no act or acts to repress such persons, 
 or any of them, in any efforts they may make for their ac- 
 tual freedom. " j, 
 
 "That the Executive will, on the first day of January 
 aforesaid, by proclamation, designate the States and pans 
 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 States 
 shall have participated, shall, in the absence of strong 
 countervailing testimony, bo deemed conclusive evid' nee 
 that such t»taie, and the people thereof, are not then in re- 
 bellion against the United States." 
 
 Now, therefore, I, Abraham Lincoln, Pres- 
 ident 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 au- 
 thority and Government of the United States, 
 and as a tit and necessary war measure for sup- 
 pressing said rebellion, tlo, on this first day of 
 January, in the year of our Lord one thousand 
 eight hundred and sixty-three, and in accord- 
 ance with my purpose so to do, publicly pro- 
 claimed for the full period of one hundred days 
 from the day 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 par- 
 ishes of St. Bernard, Plaquemines, Jefferson, 
 St. John, St. Charles, St. James, Ascension, 
 Assumption, Terre Bonne, Lafourche, St. Mary, 
 St. Jlartin, and Orleans, including the city of 
 New Orleans,^ Mississippi, Alabama, Florida, 
 Georgia, South Carolina, North Carolina, and 
 Virginia, (except the forty-eight counties de- 
 signated as West Virginia, and also the counties 
 
EMANCIPATION. 
 
 229 
 
 of Berkeley, Accomac, Northampton, Elizabeth 
 City, York, Princess Ann. and Norfolk, includ- 
 ing 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 pur- 
 pose 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 Govern- 
 ment of the United States, including the mili- 
 tary and na'al authorities thereof, will recognize 
 and maintain the freedom of said persons. 
 
 And I hereby enjoin upon the people so de- 
 clared to be free to abstain from all violence, 
 unless in necessary self-defence ; and I recom- 
 mend to them that, in all cases when allowed, 
 they labor faithfully for reasonable wages. 
 
 And I further declare and make known that 
 such persons, of suitable condition, will be re- 
 ceived 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 Constitution 
 upon military necessity, I invoke the consid- 
 erate judgment of mankind and the gracious 
 favor of Almighty God. 
 
 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 first day 
 of January, in the year of our Lord one thou- 
 sand eight hundred and si^ty-three, and of the 
 independence of the United States of America 
 the eighty-seventh. 
 
 ABRAHAM LINCOLN. 
 By the Presidert : 
 
 William H. Seward, Secretary of State. 
 
 VOTE ON THE EMANCIPATION PROCLAMATION. 
 
 Third Session, Thirty-Seventh Congress. 
 IN HOUSE. 
 
 1862, December 11— Mr. Teaman, of Ky., 
 offered the following resolutions : 
 
 Resolved hy the Souse of Repnsentalives, (the Senate 
 concurring,) That tlie proclamatum of the President of tlie 
 United States, of date the 22d of September, 1862, is not 
 warranted by the Constitution. 
 
 Resolved, That the policy of emancipation, as indicated 
 in that proclamation, is not calculated to hasten the resto- 
 ration of peace, was not well chosen as a war measure, 
 and is an assumption of power dangerous to the rights of 
 citizens and to the perpetuity of a free people. 
 
 Which were laid on the lable — yeas 95, nays 
 47, as follows : 
 
 Yeas — Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baker, Baxter, Beitman, Bingham, S;iniuel S. Blair, Bhike, 
 LuflTinton, Burnluau, Campbell, Casey, Chamberlain, Clark, 
 ("oiiidx, Frederick A. Conkling. Roscoe Conkling, Conway, 
 Covode, Cutler, Davis, Dawes, Duell, Dann, JKdgerton, Ed- 
 wards, Eliot, Ely, Fenton, S. C. Fessenden, Thomas A. D. 
 Fessenden, Franchot, Frank, Gooch, Goodwin, Gurley, 
 Haight, Hale, Hickman, Horton, Ilutchins, Julian, Kelley, 
 Francis W. Kellogg, William Kellogg, Killiuger, Lansing, 
 Leary, Lehman, Loomis, Lovejoy, Low, McKnight, McPher- 
 6on, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, 
 Knell, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, 
 Porter, Potter, Alexander H. Kico, John H. Rice, Riddle, 
 Edward H. RolUiis. Sargent, Sedgwick, Shanlca, ghella- 
 barger, Sloan, SpauMing. Sfvons, Stratton, Train, Trim- 
 ble. Trowbridge, A'aiidever. \ an Horn, Verree, W»lker. Wall, 
 Walliice, Washburne, Albert S. White, Wils/^n, Windom, 
 Worcester — 95. 
 
 Nats — Messrs. William J. Allen, Ancona, Baihj, Diddle^ 
 Clements, Cohb, Cox, Crisjield, Vritlenden, Delaplaine, Dun- 
 lap, English, Foulce, Granger, Grider, Hall, Barding, Har- 
 rison, Holman, Knapp, Law, Lazear, ilallory. May, May- 
 nard, Menzies, Morris, Noble, A'orion, OdcU, Pendleton, Price, 
 Robinson, Slieffield, Sldel, Smith, John B. Steele, }yiti;am G. 
 Steele, SUles, Benjamin F. Thomas, Vallandighani, Vnorhces, 
 Wadswortli, Chilton A. White, WicUiJfe, Woodruff, Yea- 
 man — 47. 
 
 1862, December 15 — Mr. S. C. Fessenden, of 
 Maine, offered the following resolutions : 
 
 Resolved, That the proclamation of the President of the 
 United States, of the date of 2-d September, 1802, is war- 
 ranted by the ConsUtulion. 
 
 Resolved, That the policy of emancipation, as indicstcd 
 in tbatproc;laniation. is well adapted to hasten the restora- 
 tion of peace, was well chosen as a war measure, and is an 
 exercise of power with proper regard for the rights of the 
 States, and the perpetuity of free government. 
 
 Which were adopted — yeas 78, nays 52, as 
 follows: 
 
 Yeas— Messrs, Aldrich, Alley, Arnold. Babbitt. Baker, 
 Beaman, Bingham, Samuel S. Blair. Blal;e, Buffinton, Burn- 
 ham, Chamberlain, Clark, Colfax, Frederick A. f.'onkling, 
 Rnscoe Conkling, Cutler, Dawes. Delano, Duell. EJgerton, 
 Edwards, Eliot, Ely, Fenton, Samuel C. Fessenden. Thomaa 
 A. D Fessenden, Fisher, Franchot, Frank, Gooch, Good- 
 win, Gurley, Haight, Hickman, Hooper, Hutchiiis, Julian, 
 Kelley, Francis W. Kellogg, William Kellogg, Killinger, 
 Lansing, Loomis, Lovejoy, Low, McPherson, Mitchell, 
 Moorhead, Anson P. Morrill, Justin S. Morrill, Ko-ilt, ''at- 
 ton, Pike, Pomeroy, Porter, Potter, Alexander H. Rice, 
 John H. Rice, Riddle, Edward H. Rollins, Sarsent, Sedg- 
 wicli, f hellabarger, Sloan, Spaulding, Train, Trowbridge, 
 Van Vallienburgh, Van Wyck, Verree, Wali;er, Wall, 
 Washburne, Albert S. White, Wilson, Windom, Worceg- 
 ter— 78. 
 
 Nays— Messrs. W.J. Allen, Ancona, Baily,Biddle, Calvert 
 Cobb, Cox, Cravens, Crisfidd, Crittenden, Dclapkiine. Dunlap, 
 English, Fouke, Granger, Grider, Hall, Harding, Harrison, 
 Holman, Kerrigan, Knapp, Leary, Mallory, Maynard, Men' 
 zies, Morris, Noble, Norton, Odell, Pendleton, Perry, P'rice, 
 Richardson, Robinson, James S. Rollins, ShefficH, Sliiel, 
 Smith, John B. Steele, Stiles, Benjamin F. Thomas, Francis 
 Thomas. Vallandigham, Wadsworth, Ward, Whaley, Chil- 
 ton A. White, Wickliffe, Woodruff, Wngiti, Teaman— bl. 
 
 First Session, Thirty-Eighth Congress. 
 IX SENATE. 
 
 1864, Feb. 10— Mr. Clakk introduced to the 
 Senate a bill ratifying the emancipation ])roc- 
 lamation and giving it the force of statute ; 
 which was referred to the Committee on Sla- 
 very and Freedmen. (See Reconstruction bill 
 for a vote of the Senate, page 318.) 
 
 IN TiOUSE. 
 
 1863, Dec. 14 — Mr. Arnold introduced this 
 bill : 
 
 A bill to aid the President of the United States in carrying 
 in;o more immediate execution the proclamation of 
 emmci|iation issued by him on the first day of January, 
 A. I). 1863, prohibiting the holding of certain persons us 
 slaves iu all that portion of the United States designated 
 thervm. 
 
 Whereas the President of the United States, by his proc- 
 lamatiin issued on the 1st day of January, in the year 
 18G3, a-i Commander-in-Chief of the Army thereof, did, as 
 a fit and lawful means of suppressing the rebellion, in ac- 
 cordance with the laws of war and with the dictates of 
 justice and humanity, order, proclaim, and declare that 
 all persons held as slaves within the limits of certain States 
 and parts of States therein designated were, and should 
 Ihereafter and forever be, free; and that the executive, 
 military, and naval authorities would and should thencefor- 
 ward recognize and maintain the freedom of all such per- 
 sons ; and whereas by said proclamation and order the 
 President has guarantied to all such persons their freedom, 
 and has pledged the faith and honor of the country that 
 their freedom shall be recognized and forever maintained ; 
 and whereas it is the right and the duty of Congress to 
 make all laws which may be necessary and proper for car- 
 rying into execution all the powers, whether civil or mili- 
 tary, vested by the Constitution in the President as Com- 
 mander-in-Chief of the Army and Navy ; and aniougsuch 
 
230 
 
 EMANCIPATION. 
 
 military powers is that of making and executing the proc- 
 lamation aforesaid ; and whereas all persons heretofore 
 held as slaves, as aforesaid, within said designated States 
 or parts of Stat'^s are now of right free, and ought to be 
 hereafter forever unmolested in the enjoyment of that free- 
 dom which the Government of the Uiiited States is hound 
 to " recosnizn and maintain :" 
 
 Now, tlierefore, for the purpose of carrying into more 
 complete and immediate execution tlic aforesaid proclama- 
 tion, and to secure forever the recognition and maintenance 
 of the freedom of all persons designated therein, and thereby 
 to provide more effectually for the suppression of the rebel- 
 lion, the securing of domestic tranquillity, the maintaining 
 of the common defence, and the preservation of the hber- 
 ties of the people : 
 
 Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That 
 in all States and parts of States designated in said procla- 
 mation as in rebellion, the re-enslaving or holding, or at- 
 tempting to hold, in slavery or in involuntary servitude of 
 any person who shall have been made or declared to be free 
 by said proclamation, or any of their descendants, from and 
 after the date of said proclamation, otherwise than in pun- 
 ishment of crime whereof the accused shall have been duly 
 convicted, is and shall be forever prohibited, any law or 
 regulation of either of such States to the contrary notwith- 
 Btanding. 
 
 Which was referred to the Committee on the 
 Judiciary. 
 
 RESOLUTIONS OFTEEED. 
 
 Second Session, Thirty-Seventh Congress. 
 IN HOUSE. 
 
 1861, December 3 — Mr. Shellabarger of- 
 fered these resolutions : 
 
 Whereas the Constitution has wisely withdrawn from 
 Congress the command of the armies of the United States ; 
 and, after they have been called forth, organized, and dis- 
 ciplined, under the rules which it is competent for Congress 
 to make, and which it has made for the government of the 
 land and naval forces, has placed that supreme command 
 exclusively in the President of the United States : There- 
 fore, 
 
 JResoh'ed, That it is neither vrithin the province of this 
 House, nor would it be wise, to lay down any rules what- 
 ever regulating or attempting to conti-ol any part of that 
 chief command of our armies in the field, either in the mat- 
 ter as to what " military necessities" do or do not exist as 
 to the treatment or use of slaves within any of the States, 
 nor in any other matter whatever affecting the supreme 
 command of the President. 
 
 Jtesolved, That whilst this House refrains from all at- 
 tempts to assume any of the functions of the Cornmander- 
 In-Chief of the Army, and hereby expresses its confidence 
 in the wisdom, prudence, and patriotism of the President, 
 as indicated in the discharge of the most responsible and 
 arduous duties of the present Executive term, and its wil- 
 lingness to continue to him the untrammelled exercise of 
 his powers as the Commander-in-Chief of the Army and 
 Navy, yet the House deems it appropriate to express its 
 earnest sense and conviction that in the prosecution of this 
 war no resort, on the one hand, should be had to a plea of 
 "military necessity" as a cover for any violation of any con- 
 stitutional right of any citizen of the United States, either 
 in slaves or any other right of the citizen ; nor, on the 
 other hiind, should any privileges or protections whatever 
 be extended by our armies either to the title in slaves or in 
 any property whatever which is incompatible with the 
 safety of tlio Government itself or with the success of our 
 arms in suppressing the rebellion; but all individual rights 
 of property, when necessary, should, in the prosecution of 
 the war, be made to yield to the paramount right of the 
 Government to re-establish the authority of the Constitu- 
 tion over all the people and States of the Union. 
 
 Which were postponed, and not voted upon. 
 
 December 4 — Mr. Conway, on leave, intro- 
 duced the following joint resolution : 
 Joint resolution in relation to persons claimed as slaves in 
 the Stiites now in rebellion. 
 
 Whereas the belligerent character acquired by the States 
 now in rebellion confers upon them a recognized status 
 among nations,incontraveL.tion of their Federal status, and 
 arising from incompatible relations, which, though not im- 
 plying nationality, is, nevertheless, one from which they 
 derive important advantage in making war upon the United 
 States; and whereas the iVderalXJovernmeutis by this fact 
 fully exonerated from respecting, in any manner whatso- 
 
 ever, the constitutional obligations it would otherwise b« 
 under to said States : Therefore — 
 
 Be it resolved by the Senate and House of Representatives 
 of the United States of America in Conqress assembled, That 
 the President be requested not to permit the enforcement of 
 any law or usage under which persons may be claimed aa 
 slaves within any of s:ud States into which the authority of 
 the United States may be extended, and that he be requested 
 to declare, by proclamation, all persons so claimed to be 
 free, and to employ them in the service of the United States 
 in any capacity to wliich they may be suited, and in such 
 numbers as the public service may require. 
 
 Resolved, further. That the faith of the nation be pledged 
 to all persons sustaining loss through the operation of thia 
 measm-e who are now and shall remain loyal to the United 
 States. 
 
 The resolutions were postponed. 
 
 Third Session, Thirty-Seventh Congress. 
 
 1863, January 12 — Mr. Wilson introduced a 
 joint resolution to approve, ratify, and confirm 
 the proclamation issued by the President, as 
 Commander-in-Chief of the Army and Navy of 
 the United States, dated January 1, 1863. 
 
 Mr. Cox moved that it be tabled; which waa 
 lost — yeas 50, nays 85. It was then referred to 
 the Committee on the Judiciary. 
 
 First Session, Thirty-Eighth Congress. 
 
 1863, December 17 — Mr. Edgerton offered 
 this resolution : 
 
 Whereas the proclamations of the President of January 
 1, 18(33, and Decemlier 8, 1863, in relation to emancipation, 
 impose conditions of pardon and amnesty to the yersons 
 who have participated in the existing rebellion, as well as 
 conchtions precedent to the establishment and recognition 
 of State government in the States to which said proclama- 
 tions apply, which, in the judgment of a large number of 
 faithful citizens, have a tendency to give to the rebellion 
 "the advantage of a changed issue," and "to reinvigorate 
 the otherwise declining msurrection in the South," and to 
 prolong the war : and wBereas this House cannot but re- 
 gard with anxiety the unprecedented and extraordinary 
 claims and assumption of high prerogative by the President 
 in said proclamations, especially in view of the fact that 
 the President, in his inaugural address of the 4th day of 
 March, 1801, declared, " I have no purpose directly or indi- 
 rectly to interfere with the institution of slavery in the 
 States where it exists ; I beUeve I have no right to do so, 
 and I have no inclination to do so :" Therefore, 
 
 Resolved, Aa the judgment of this House, that the main- 
 tenance inviolate of the constitutional powers of Congress, 
 and the rights of the States, and especially the right of 
 each State to order and control its own domestic institu- 
 tions according to its own judgment exclusively, is essential 
 to the balance of power on which the perfection and endu- 
 rance of our political fabric of federal union depends ; and 
 ■we denounce, as among the gravest of crimes, the invasion 
 or occupation, by armed force, of any State, under the pre- 
 text or for the purpose of coercing the people thereof to 
 modify or abrogate any of their laws or domestic institu- 
 tions that are consistent with the Constitution of the 
 United States ; and we aflTirm the principle declared in this 
 resolution to be a law, alike to the President and the peo- 
 ple of the United States. 
 
 Mr. Grinnell moved to table the resolution ; 
 which was agreed to — yeas 90, nays 66, as 
 follows : 
 
 Yeas— Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, John D. Baldwin, Beaman, Blaine, Blow, Boutwell, 
 Boyd, Brandegee, Broomall, William G. Brown, Ambrose 
 W. Clark, Freeman Clarke, Cobb, Cole, Creswell, Henry 
 Winter Davis, Thomas T. Davis, Dawes, Deming, Dixon, 
 Driggs, Dumont, Eliot, Farnsworth, Fenton, Frank, Giir- 
 field, Gooch, Grinnell, Hale, Higby, Hooper, Hotchkiss, 
 Asahel W. Hubbard, John H. Hubbard, Hulburd, Juhan, 
 Kasson, Kelley, Francis W. Kellogg, Orlando Kellogg, Loan, 
 Longyear, Lovejoy, Marvin, McBride, McClurg, Mclndoe, 
 S. F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, 
 Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, 
 Perham, Pike, Pomeroy, Price, William H. Randall, Alex- 
 ander H. Eice, John H. Rice, Edward H. Rollins, Schenck, 
 Scofield, Shannon, Sloan, Smith, Smithers, SpaUUng, Stevens, 
 Thaver, Tracy. Van Vaikenburgh, Ellihu B. Washburne, 
 Wiliiam B. Washburn, Whaley, Williams, AVilder, Wilson, 
 Wiudom, Woodbridgo— 90. 
 
EMANCIPATION. 
 
 231 
 
 Nays — Messrs. James C. AUen,Anc<ma, Augustus C. Bald- 
 win, Bliss, Brooks, James S. Brown, Cox, Cravens, Danism, 
 Denison, Eden, EdgerUm, Eldridge, Finck, Ganson, Grider, 
 Griswold, Hall, Harding, Harrington, C. M. Harris, Herrick, 
 Holman, William Johnson, Kernan, King, Knapp, Law, 
 Lazear, LeBlond, Long, Mallory, Marcy, McDowell, McKin- 
 nei/, Middleton, Wm. H. Miller, James R. Morris, Morrison, 
 Nelson, Noble, John O'Neill, Pendleton, Perry, Radford, 
 Samuel J. Randall. Robinson, Rogers, JaTnes S. Rollins, Ross, 
 Scott, John B. Steele, Wm. G. Steele, Stiles, Strouse, Stuart, 
 Sweat, Voorhees, Wadsworth, Ward, Wheeler, Chilton A. 
 White, Joseph W. White, Winfield, Fernando Wood, Yea- 
 man — 06. 
 
 1864, Jan. 25 — Mr. Edgerton offered the 
 fdllowing preamble and resolutions, M'iiich were 
 laid over under the rule : 
 
 Whereas this House on the 17th day of December last 
 adopted, with but one dissentient vote, the following reso- 
 lution, to wit : "Resolved, That we hold it to be the duty of 
 Congress to pass all necess;iry bills to supply men and 
 money, and the duty of the people to render every aid in 
 their power to the constituted authorities of the Govern- 
 ment in the crushing out of the rebellion, and in bringing 
 the leaders thereof to condign punishment ;" 
 
 Therefore in explanation of the foregoing resolution, and 
 in further expression of the opinion and purpose of this 
 House, 
 
 Resolved, That the aid hitherto liberally supplied in men 
 and money by the people of the United States, to enable the 
 Federal Executive to prosecute the existing civil war, has 
 been so supplied by all citizens truly faithful to the Federal 
 Union and Constitution, for the purpose, and no other, ex- 
 pressed in the resolution adopted by Congress in July, 1861, 
 declarative of the object of the war, and commonly known 
 as " the Crittenden resolution ;" and public faith, true Chris- 
 tian humanity, and vrise statesmanship alike demand strict 
 adherence by the " constituted authorities of the Govern- 
 ment' to the purpose or object of the war, as thus declared 
 by Congress and accepted by the people. 
 
 2. Tliat the demand of the President, in his proclamation 
 of December 8, 1863, that the people of the States wherein 
 rebellion exists shall swear to abide by and support his 
 proclamation of emancipation (in other words, change, or 
 submit to the ehaiis>c, at his dictation, of their State con- 
 stitutions, local laws, mid iliiiiii-stic institutions, not incon- 
 sistent with the <'iHi-tinitiMii 111' the United States) beforo 
 such States or thL-ir ji .jihwiil l.y him be considered to have 
 ceased to be in rebellion, and entitled to pardon or amnesty, 
 and entitled to their constitutional rights of State govern- 
 ment, in harmony with the Government of the United 
 States, is, in the judgment of this House, an oppressive and 
 unconstitutional demand, the tendency and effect of which, 
 if persisted in and enforced by war, will be to substantially 
 change the object and character of the war on the part ol 
 the Federal Government, from one to preserve, protect, and 
 defend the Constitution of the United States as the supremo 
 law of the land, to a revolutionary war against the consti- 
 tutional rights and sovereignty of Federal States, and vir- 
 tually subversive of the constitutional Government of the 
 United States ; and of such a war we now record our disap- 
 proval. 
 
 3. That in view of the immense power of war demanded 
 by the President and supplied to him by a patriotic people, 
 i>nd hitherto wielded by him according to his own will, with 
 little deference or regard to the opi.iions and corivictio:is of 
 the very large number, if not majority, of faithful Union 
 citizens in the United !~tates who have doubted or disap- 
 proved his policy in the conduct of the war and his extra- 
 ordinary assumptions of executive power, and in view of 
 the dangers to constitutional liberty and the manifold evils 
 that ever attend civil war, we desire peace, and the replace- 
 ment under its healthful and benign influence, with the 
 least possible further waste of blood and treasure of the 
 people, of all the relations and fuuftions of constitutional 
 government. State and Federal, now disturbed and endan- 
 gered; and we therefore deprecate all vindictive and revo- 
 lutionary measures and policy, military or civil, as tending 
 to divide the Union men of the country, to aggravate the 
 evils and to intensify the animosity of the war and prolong 
 its duration; and weadvise, and do cordially invite and pledge 
 our co-operation in negotiations, proposals, and efforts for 
 peace upon the basis of a restoration of the Federal Union 
 under the Constitution as it is, leaving to the free consti- 
 tutional action of the people the questions of amendments 
 of the Federal Constitution, and leaving also to the people 
 of each State, as th ir unquestionable right, the right, and 
 its free exercise, to form, regulate, and control their State 
 constitutions, laws, and domestic institutions in their own 
 way, subject only to the Constitution of the United 
 States. 
 
 Respecting the Issue of the Proclama- 
 tion. 
 
 THE PRESIDENT AND 1 HE CHICAGO DEPUTATION. 
 
 1862, September 13 — The President gave an 
 audience to a deputation from all the religious 
 denominations of Chicago, presenting a me- 
 morial for the immediate issue of an emancipa- 
 tion proclamation, which was enforced by some 
 remarks by the chairman. The President re- 
 plied : 
 
 The subject presented in the memorial is one upon which 
 I have thought much for weeks past, and I may even say 
 for months. I am approached with the most opposite opin- 
 ions and advice, and that by religious men, who are equally 
 certain that thoy represent the IJivinc will. I am sum^ that 
 either the one or the oilh ;■ !■: I- . I - i;ii-i.iU'-ii int: i l-. licf, 
 and perhaps, in some i , ' i I, | i: \. , . i te 
 
 u-reverent for me to s;i\ ;:i . , i i i ;■ :!i i' ',,.iild 
 
 reveal his will to otli..-, c: I ,i im,ni- - . . .-niir, i. >; n, ininy 
 duty, it might be suppo-eU he would rovi-al it dincilyto 
 me ; for, unless I am moi'o deceived in myself than I often 
 am, it is my earnest desire to know the will of Providenco 
 in this matter. And if I can learn what it is I will do it! 
 These are not, howov<;r, the days of miracles, and I suppose 
 it will be granted that I am not to expect a direct revela- 
 tion. I mvist study the plain physical facts of the case, 
 as certain what is possible, and learn what appears to be 
 w^ise and right. 
 
 The subject is diflicult, and good men do not agree. For 
 instance, the other day ibur gentlemen of standing and in- 
 telligence from New York called as a delegation on business 
 connected with the war ; but beforo leaving two of them 
 earnestly besought me to proclaim general emancipation, 
 
 [.th( 
 
 itt;.ck(.d Iheui. 
 
 rouii- 
 
 .Itd 
 
 ;od 
 
 majority of 
 this policy. 
 ■\Vhy, the ru 
 
 tolavor tlnii- si-lc; lor one of our 
 taken priMjinT toM Si'nator Wilson all\, - ;> — i lititho 
 met nothing so discouraging as the evjjLUt ._:u.; .ity of 
 those ho was among in their prayers. Eut we will talk over 
 the merits of the case. 
 
 What good would a proclamation of emancipation from 
 ms do, especially as we are now situated ? I do not want 
 to issue a document that the whole world -,vili see must ne- 
 cessarily be inoperative, like the Pope's bull against ihe 
 comet! Would my word free the slaves, when I cannot 
 even enforce the Constitution in the rebel States? Is there 
 a single court, or magistrate, or individual that would be 
 influenced by it there? And what reason is there to think 
 it would have any greater effect upon the sliives than the 
 late lawof Conur.^s, wlii.l) I ajiiiroVi il, aii.l whi. !i offers 
 protection and hr,,i(,i;i i^ilir >; im s ..: ii s. 1 i;;^;. is who 
 come within our lius:' 'i , t 1 .iiiiuit Iciui lii, I i!:, it law- 
 has caused a siu^li' slave in i ..m ■ .,\,,- l.j us. Ami s;.])puso 
 they could be iialur.a L.y a inuclainirion of frfc>.'dora from 
 me to throw tliumselvcs np(ui us, uiiat sliould wo do with 
 them? How can we leoil aiul care lor such a multitude? 
 General Butler wrote me a I'ju- day.s since that he w.is issu- 
 ing more rations to the slaves who have rushed to him thi'U 
 to all the white troops under his command. Ihey eat, and 
 that is all; though it is true General Bmlcr is U'"eding tho 
 wliites also by the thousaml; t.T it ik ,ic .mioiints to a 
 famine there. If, now, the pre- ;i . i :' \,.;i .-hoiild call 
 off our forces from New Orlean.- 1 ■• <! i- other pojut, 
 
 what is to prevent the mastcMS li iiii 1 i ii; :i , t'.i.- bUn:ks to 
 slavery again; for I am told tliat wIu'Ikv. i the rebels ta!;_' 
 any black prisoners, free or slave, they imnieiiiately aucti.-ii 
 them off! They did so with those they took from a boat 
 that was aground in the Tennessee river a few davs ago. 
 And then I am very un;4cneiou-ly attael;e.i I'oi ii ! I'or in- 
 stance, when, alii'rtlie iate balllesat aii'l u- ar laii: ila.n, au 
 expedition went out tVom \\ a-hmuiou iiicler a I' < ; oi tiuce 
 to bury the dead and lirin-- in llu' wounded, an.l lb ■ rebels 
 seized the blacks who went along to help, and fent them 
 into slavery, Horace Greeley said in his paper that the Gov- 
 ernment would probably do nothing about it. What could 
 I do? 
 
 Now, then, tell me, it" ' 'n pi. i-". \\ '' 'T ... -vih!,. e-iii; of 
 
 good would follow the i i;:i I . :,,:| . I.I : .i vou 
 
 desire? Understand.! i.i- ; n- . i .. 1 .ral 
 
 or constitutional groiuiil,>, ior,a^i.'onjiuaiia i-iu-viu i oi tlio 
 Army and Navy, in time of war I suppose X hav.^ a i iglit to 
 take any measure which may best .subdue the cin'my, nor 
 do 1 urge objections of a moral natur<>, in view of possible 
 consequences of inaurrection and massacre at the South. I 
 
232 
 
 EMANCIPATION. 
 
 view this matter as a practical war measure, to be decided 
 on accordiiig to the advantages or disadvantages it may offer 
 t(. the suppression of tlie rcbelUon. 
 
 The committee replied to these remarks, and 
 the Pre>'ident responded : 
 
 I admit that slavery is at the root of the rebellion, or at 
 least its sine qua rum. The ambition of politicians may 
 have instisrated them to act, but they would have been im- 
 potent without slavery as their instrument. I will also 
 concede that emancipation would help us in Europe, and 
 convince tlieui that we are incited by something more than 
 ambition. I grant, further, that it would help somewhat at 
 the North, though not so much, I fear, as you and those you 
 represent imagine. Still, some additional strength would 
 be added in that way to the war, and then, unquestionably, 
 it would weaken the rebels by drawing off their laborers, 
 which is of great importance; but I am not so sure we could 
 do much with the blacks. If we were to arm them, I fear 
 that in a few weeks the arms would be iu the hands of the 
 rebels ; and, indeed, thus far, we have not had arms enough 
 to equip our white troops. I will mention another thing, 
 though it meet only youi- scorn and contempt. There are 
 .oO.OOO bayonets in the Union Army from the border slave 
 States. It would bo a serious matter if, in consequence of 
 a proclamation such as you deshe, they should go over to 
 the rebels. I do not think they all would — not so many, 
 indeed, as a year ago, or as six mouths ago — not so many to- 
 day as yesterday. KviTy day hicnMScs their T'nion feeling. 
 They are also gettiii- (liVir \v:\,V- rvM^XnX, vwl w.mt to beat 
 the rebels. Let me t-,;.\ mic liiiun iiuu,. : 1 iliink youshould 
 admit that we already have an iiii|Hinaiil principle to rally 
 and unite the people, iu the fact that constitutional govern- 
 ment is at stake. This is a fundamental idea going down 
 atiout as deep as anytluug. 
 
 After further remarks from the committee, 
 the President said: 
 
 Uo not misunderstand me because I have mentioned these 
 objections. They indicate the difficulties that have thus far 
 prevented my action in some such way as you desire. 1 
 have not decided against a proclamation of liberty to the 
 slaves, but hold the matter under advisement. And I can 
 assure you that the subject is on my mind, by day and 
 night, more than any other. Whatever shall appear to be 
 God's will I will do. I trust tluit in the freedom with which 
 I have canvassed your views I have not in any respect in- 
 jured your feelings. 
 
 REMARKS IN THE HOUSE. 
 
 First Session, Thirty-Eighth Congress. 
 
 1864, June 25— Mr. Boutwell, of Massachusetts: The 
 gentleman from Kentucky [Mr. Mallory] said this morning 
 that the v.holo policy of the country was changed by the 
 proclamation of the President, and he attributed that proc- 
 lamation to liie meeting of the Governors of certain States 
 at Altoona. I am not here to be put upon the witness 
 stand, Init it so happens that 1 have the means of knowing 
 that the prdclamatlon of September, 1S62, was entirely in- 
 dependent of and antecedent to the meeting of the Gover- 
 nors at Altoona. The meeting of the Governors had no 
 connection witli tlie proclamation. The gentleman from 
 Kentucky shouM reiiiriuljerthatprlor to the issuing of that 
 proclaniatiiii] v c liad im t with but few successes, and that 
 we had cm lined many, many reverses. Lee had battled for 
 four days under tlie loitifications of the capital, and had 
 finally crossed the Potomac into Maryland. It was not 
 until the country put itself on the side of justice that it had 
 a right to expect the favor of Divine Providence, or any of 
 tliose successes which have rendered this war glorious in 
 the cause of freedom, truth, and justice. 
 
 Mr. Mallohy. Will the gentleman stiite when that con- 
 vention of Governors assembled at Altoona? 
 
 Jlr. BouTWELL. I think it assembled at Altoona previous 
 to the 22d of September, but I assert as within my own 
 knowledge that the issuing of the proclamation was de- 
 termined upon previous to the meeting at Altoona. 
 
 Mr. 3IALL0RY. Can the gentleman intbrm me when the 
 issuing of that proclamation was determined upon? 
 
 Mr. BocTWELL. I cannot go far in this matter. I assert 
 distinctly the fact which is within my own knowledge that 
 the I'resldent, previous to the meeting of the Governors at 
 Altoona, had decided in a certain contingency, which hap- 
 pened upon the Wednesday preceding the 22d of September, 
 to i.ssuo the proclamation, and therefore the inference I 
 <lraw is in contravpntiou of the declaration of the gentle- 
 man from Kentucky that that proclamation was the result 
 of the meeting of the Governors at Altoona. 
 
 Mr. M.vLLoiiv. Will the gentleman tcU us the contin- 
 gency on the happening of which that proclamation was to 
 be issued ? 
 
 Mr. BouTWELi. I said, Mr. Speaker, when I mentioned 
 
 this fact, that I was not to be put upon the stand as a wit- 
 ness. I have made a statement as of a fact within my own 
 knowledge, and history will confirm the statement. 
 
 Mr. Mailort. If the gentleman from Massachusetts does 
 not wish to answer the question or to state the fact, 1 will 
 not insist. 
 
 ADDRESS OF LOYAL GOVERNORS TO THE PRESIDENT, 
 
 Adopted at a meeting of Governors of loyal States, held to 
 take measures for the more active support of the Govern- 
 ment, at Altoona, Pennsylvania, on the 22d day of Sep- 
 tember, 1862. 
 
 After nearly one year and a half spent in contest with 
 an armed and gigantic rebellion against the national Gov- 
 ernment of the United States, the duty and piu-pose of the 
 loyal States and people continue, and Hiust always remsun 
 as they were at its origin — namely, to restore and perpetu- 
 ate the authority of this Government and the life of the 
 nation. No matter what consequences are involved iu our 
 fidelity, this work of restoring the Kepnblic, preserving the 
 institutions of democratic liberty, and justilying the hopes 
 and toils of our fathers shall not fail to be performed. 
 
 And we pledge without liesitatiou, to the President of the 
 United States, the most loyal and cordial support, hereafter as 
 heretofore, in the exerciseofthofunctions of his great office. 
 We recognize in him the Chief JExecul ive Magistrate of tho 
 nation, the Commander-in-Chief of the Army and Navy of 
 the United States, their responsibleand constitutional head, 
 whose lightful authority and power, as well as the consti- 
 tutional powers of Congress, must bo rigorously and reli- 
 giously guarded and preserved, as the condition on which 
 alone our form of Government and the constitutional rights 
 and liberties of the people themselves can be saved from 
 the wreck of amu-chy or from the gulf of despotism. 
 
 In submission to the laws which may have been or 
 which may be duly enacted, and to the lawful orders of the 
 President, co-operating always in our own spheres with 
 the national Government, we mean to continue iu the most 
 vigorous exercise of all om- lawful and proper powers, con- 
 tending against treason, rebellion, and the public enemies, 
 and, whether in public life or in private station, support- 
 ing the arms of tho Union, until its cause shall conquer, 
 until final victory shall perch upon its standard, or the 
 rebel foe shall yield a dutiful, rightful, and unconditional 
 submission. 
 
 And, impressed with the conviction that an army of 
 reserve ought, until the war shall end, to bo constantly 
 kept on foot, to be raised, ar'hied, equipped, and trained at 
 home, and ready for emergencies, we respectfully ask the 
 President to call for such a force of volunteers for one 
 year's service, of not less than one hundred thousand iu the 
 aggregate, the quota of each State to be raised after it shall 
 have filled its quota of the requisitions already made, both 
 for volunteers and militia. We believe that this would be 
 a measure of nJlitary prudence, while It would greatly 
 promote the military education of the people. 
 
 We hail with heartfelt gratitude and encouraged hope the 
 proclamation of the President, issued on the 22d instant, 
 declaring emancipated from their bondage all persons held 
 to service or labor as slaves in tho rebel States, whose re- 
 bellion shall last until the first day of January now next 
 ensiung. The right of any person to retain authority to 
 compel any portion of the subjects of the national Govern- 
 ment to rebel against it, or to maintain its enemies, implies 
 in those who are allovvfed possession of such authority the 
 right to rebel themselves ; and therefore the right to estab- 
 lish martial law or military government in a State or Ter- 
 ritory in rebellion implies the right and the duty'of the Gov- 
 ernment to liberate the minds of all men living therein by 
 appropriate proclamations aad assurances of pi'otection, iu 
 order that all who are capable, intellectUiUly and morally, 
 of loyalty ami obedience, may not be forced into treason as 
 the unwilling tools of rebellious traitors. To have con- 
 tiiiuid iiuleUnitely the most efBcieut cause, support, and 
 stay of the rebellion, would have been, in our judgment, 
 unjust to the loyal people whose treasure and lives are made 
 a willing sacrifice on the altjir of patriotism — would have 
 discriminated against the wife wlio is compelled to surren- 
 der her husband, against the parent who is to surrender liia 
 child to the hardships of the camp and the perils of battle, 
 in fa\or of rebel masters permitted to retain tlieir slaves. 
 It would have been a final decision alike against huiuanity, 
 justice, the rights and dignity of the Government, aiid 
 against sound and wise national policy. Thedocisioiu.f tho 
 President to strike at the root of the rebellion will lend new 
 vigor to the efforts and new life and hope to tlie hearts of 
 the people. Cordially tendering to tho President our re- 
 spectful assurances of personal and official confidence, we 
 trust and believe that the policy now inaugurated will bo 
 crowned with success, will give speedy and triumphant vic- 
 tories over our enemies, and secure to this nation and this 
 people the blessing and favor of Almighty God. \Ve believe 
 that the blood of the heroes who have already fallen, and 
 
EMANCIPATION. 
 
 233 
 
 those who may yet give their lives to their country, -svill 
 not have been shed ia vain. 
 
 The splendid valor of our soldiers, theii- patient endur- 
 ance, their manly patriotism, and their devotion to duty, 
 demand from us and from all their countrymen the homntro 
 
 short-comings, think, I pray yon, of vphat has bee:i done in 
 a brief period, and from the past discern the sure 
 promise of the future. Knowiii<r somethins of my couvic- 
 tions and of the ardor with which I maintain them, you 
 may, perhaps, derive some assurance from my confidence 
 
 <f the sincerest gratitude and the pledge of our constant | I may say to you, therefore, stand by the Admini-<tra 
 reinforcement and support. A just regard for these bravo If need be, help it by word and act, but stand by ii 
 men, whom we have contributed to place in the field, and have faith in it. 
 
 for the importance of the duties which may lawfully pertain 
 to us hereafter, has called us into friendly conference. 
 And now, presenting to our national Chief Magistrate this 
 couclusiuii of our deliberations, we devote ourselves to our 
 country's service, and we will surroimd the President with 
 our constant support, trusting that the fidelity and zeal of 
 the loyal States and people will always asstire him that ho 
 will be constantly maintained in pursuing with the utmost 
 vigor this war for the preservation of the national life and 
 the hope of humanity. 
 
 A. G. CURTm, 
 
 JOHN A. ANDREW, 
 
 RICUARD YATES, 
 
 ISRAEL WASIIBURNE, Jr., 
 
 EDWARD SOLOMON, 
 
 SAMUEL J. KIRKWOOD, 
 
 0. P. MORTON, 
 
 By D. G. Rose, his representative, 
 
 \VM. SPRAGUE. 
 
 F. H. PEIRPOINT, 
 
 DAVID TOD, 
 
 N. S. BERRY, 
 
 AUSTIN BLAIR. 
 
 LETTER FROM CHARLES SUMNER. 
 
 Senate Chamber, June 5, 1862. 
 
 Mt Dear Sir : Your criticism of the President is hasty. 
 I am confident that, if you knew him as I do, you would 
 not make it. 
 
 Of course, the President cannot be held responsible for 
 the misfeasances of subordinates, unless adopted or at least 
 tolerated by him. And I am sure that nothing unjust or 
 ungenerous will bo tolerated, much less adopted, by him. 
 
 I am happy to let you know that he has no sympathy 
 with Stanly in his absurd wickedness, closing the schools, 
 nor again in his other act of tuining our camp into a hunt- 
 ing ground for slaves. He repudiates both— positively. 
 The latter point has occupied much of his thought ; and 
 the newspapers havo not gone too far in recording his re- 
 peated declarations, which I have often heard from his own 
 lips, that slaves finding their way into the national lines 
 are never to be re-enslaved. This is his conviction, expressed 
 without reserve. 
 
 Could you have seen the President— as it was my privi- 
 lege often— while ho wasconsidering the preat questions on 
 which ho has already acted— the invitation to emancipa- 
 tion in the Hates,emancipationin the District of Columbia, 
 and the acknowledgment of tlie independence of Hayti and 
 Liberia— even your zeal would have been satisfied, for ycu 
 would have felt the sincerity of his purpose to do what he 
 could to carry forward the principles of the Declaration of 
 Independence. His whole soul was occupied, especially by 
 the first proposition, which was peculiarly his own In 
 familiar intercourse with him, I remember nothing more 
 touching than tho earnestness and completeness with which 
 he embraced this idea. To his mind, it was just and benefi- 
 cent while it promised the sure end of slavery. Of course, 
 tome who had already proposed a bridge of gold for the re- 
 treating fiend, it was most welcome. Proceeding from the 
 President, it must take its place among the great events of 
 history. 
 
 If you are disposed to be impat-'ent at any seeming 
 
 and 
 
 I wish that you really knew tho President, and h?d 
 heard the artless expression of his convictions on those 
 questions which concern you so deeply. You might, per- 
 haps, wish that he were less cautious, but you would be 
 grateful that he is so true to all that you have at heart. 
 Believe me, therefore, you aro wrong, and I rooret it the 
 more because of my desire to see all our friends stand 
 firmly together. 
 
 If I write strongly it is because I feel strongly; for my 
 constant and intimate intercourse with the I'resident, be- 
 ginning with the 4th of March, not only binds me pecu- 
 liarly to his Administration, but gives mc a personal as 
 well as a political interest in seeing that justice is done 
 him. 
 
 Believe me, my dear sir, with much regard, ever faith- 
 fully yours, CHARLES SUMNER. 
 
 LETTER FROM OWEN LOVEJOY. 
 
 The Boston Liberator publishes a letter from 
 the late Owen Lovejoy, addressed to William 
 Lloyd Garrison, under the date of Washington, 
 February 22, 1864. In this letter Mr. Love- 
 joy says : 
 
 " I write you, although ill-health compels me to do it by 
 the hand of another, to express to you my gratification at 
 the position you have taken in reference to Mr. Lincoln. 
 1 am satisfied, as the old theologians used to say in regard 
 to the world, that if he is not the best conceivable P?esi- 
 deut he is the best possible. I have known something of 
 the facts msida during his Administration, and I know 
 that he has been just as radical as any of his Cabinet. And 
 although he does not do everything that you or I would 
 like, the question recurs, whether it is likely we can elect 
 a man who would. It is evident that the great mass of 
 Umomsts prefer him for re-election; and it seems to me 
 certain that the providence of God, during another term, 
 will grind slavery to powder. I believe now that tho 
 President is up with the average of the House. 
 
 "Recurring to the President, there are a gi-eat many re- 
 ports concerning him which seem to be reliable and authen- 
 tic, which, after all, are not so. It was currently reported 
 among the anti-slavery men of Illinois that the emancipa- 
 tion proclamation was extorted from him by the outward 
 pressure, and particularly by the delegation from the Chris- 
 tian Convention that met at Chicago. Now, the fact is this, 
 as I had it from his own lips : He had written the procla- 
 mation m the summer, as early as June, I think— but will 
 not be certain as to the precise time— and called his Cabinet 
 together, and informed them he had written it, and meant 
 to make it, but wanted to read it to them for any criticism 
 or remarks as to its features or details. After having done 
 so, Mr. Seward suggested whether it would not be well for 
 him to withhold its publication until after we had gained 
 some substantial advantage in the field, as at that time we 
 had met with many reverses, and it might be considered a 
 cry of despair. He told me he thought the suggestion a 
 wise one, and so held on the proclamation until after the 
 battle of Antietam. 
 
 " I mention this as a sample of a great many others." 
 
REPEAL OF THE FUGITIVE SLAVE LAWS, 
 
 " CONTRABANDS/' AND KINDRED SUBJECTS. 
 
 The act of 1793 was passed by the following 
 vote: 
 
 IN SENATE. 
 
 January 18, 1793 — Without a call of the yeas 
 and nays. 
 
 IN HOUSE. 
 
 February 5, 1793 — Yeas 48, nays 7, as fol- 
 lows : 
 
 Yeas — Messrs. Fisher Ames, John Baptist Ashe, Abraham 
 Baldwin, Robert Barnwell, Egbert Benson, Elias Boudinot, 
 Shearjashub Bourne, Benjamin Bourne, Abraham Clark, 
 Jonathan Dayton, William l-'indley, Thomas Fitzsimons, 
 Elbridge Gerry, Nicholas Oilman, Benjamin Goodhue, James 
 Gordon, Christopher Greenup, Andrew Gregg, Samuel Grif- 
 fin, William Barry Grove, Thomas Hartley, James Hill- 
 house, William Ilindman, Daniel Huger, Israel Jacobs, 
 Philip Key, Aaron Kitcliell, Amasa Learned, Kichard Bland 
 Lee, George Leonard, Nathaniel Macon, Andrew Moore, 
 Frederick Augustus Muhlenberg, AVilliam Vans Murray, 
 Alexander D. Orr, John Page, Corn uli us C. Schoonmaker, 
 Theodore Sedgwick, Peter Silvester, Israel Smith, William 
 Smith, John Steele, Thomas Suniptur, Tliomas Tudor Tucker, 
 Jeremiah Wadsworth, Alexander Wldte, Hugh Williamson, 
 Francis Willis— 48. 
 
 Nays — Samuel Livermore, John Francis Mercer, Nathan- 
 iel Niles, Josiah Parker, Jonathan Sturges, George Thatcher, 
 Thomas TredwcU— 7. 
 
 Geoeqe Washington, President, approved it 
 February 12, 1793. 
 
 The act of 1850 was passed by the following 
 vote: 
 
 IN SENATE. 
 
 August 23, 1850— yeas 27, nays 12, as fol- 
 lows: 
 
 Yeas — Messrs. Atchison, Badger, Barnwell, E*ll, Berrien, 
 Butler, Davis of Mississippi, Dawson, Dodgeof Iowa, Downs, 
 Foote, Iloiiston, Hunter, Jones, King, Mangum, Mason, 
 Pearce, Pvusk, Sebastian, Soulc',Spruance, Sturgeon, Turnej', 
 Underwood, Wales, Yulee — 27. 
 
 Nays — Messrs. Baldwin, Bradbury, Chase, Cooper, Davis 
 of Maiisachusetts, Dayton, Dodge of Wisconsin, Greene, 
 Smith, Upham, Walker, Wiuthrop — 12. 
 
 IN HOUSE. 
 
 September 12, 1850— jeas 109, nays 76, as 
 follows : 
 
 Yeas — Messrs. Nathaniel Albertson, William J. Alston. 
 Josiah M. Anderson, William S. Ashe, Thomas II. Averett, 
 William \. N. Bay, Thomas H. Bayly, James M. IT. Beale, 
 vViUiam II. Bissell, Franklin W. Bowdon, Richard I.Bowie, 
 James B. BDwlin, Lynn Boyd, Daniel Ereck, Albert G. 
 Brown, William J. Brown, Alexander W. Buel, Armistead 
 Burt, George Alfred Caldwell, Joseph P. Caldwell, Thomas 
 L. Clingman, Williamson R. W. Cobb, William F. Colcock, 
 John R. J. Daniel, Edmund Deberry, Milo M. Dimmick, 
 Cjrrus L. Dunham, Henry A. Edmundson, Samuel A. Eliot, 
 Andrew Ewing, Winfieid S. Feathor.ston, Thomas J. D. 
 Fuller, Meredith P. Gentry, Elbridge Gerry, Edward Gilbert, 
 Willis A. Gorman, James S. Green, Willard P. Hall, William 
 T. Hamilton, Hugh A. Haralson, IshamG. Harris, S. W. Har- 
 
 ris, Thomas L. Harris, Thomas S. Haymond, Harry Hibbard, 
 Henry W. Ililliard, Moses Hoagland, Alexander B. Holla- 
 day, Isaac E. Holmes, JohnW.Uouston,Volney E.Howard, 
 David Hubbard, Samuel W. Inge, Joseph W. Jackson, An- 
 drew Johnson, James L. Johnson, Robert W. Johnson, 
 George Vf. Jones, David S. Kaufman, John B. Kerr, Emile 
 LaS6re, Shepperd Leffler, Nath.aniel S. Littlofield, Job Mann, 
 Humphrey Marshall, John C. Mason, John A. McClernand, 
 Joseph E. McDonald, Edward W. McGaughey, James X. 
 McLanahan, Finis E. McLean, Fayette JIcBIullen, Jolin 
 McQueen, William McWillie, Richard K. Jleade, John K. 
 Miller, John S. Millson, Jeremiah Morton, James L. Orr, 
 David Outlaw, Allen F. Owen, Richard Parker, Charles H. 
 Peaslee, John S. Phelps, Paulus Powell, AVilliam A. Rich- 
 ardson, John Robbins, jr., Thomas Ross, John H. Savage, 
 James A. Seddon, Augustine II. Shepperd, Edward Stanly, 
 Frederick P. Stanton, Richard H. Stanton, John L. Taylor, 
 James H. Thomas, Jacob Thompson, James Thompson, 
 John B. Thompson, Robert Toombs, Abraham W. Venable, 
 Hiram Walden, Daniel Wallace, Albert G. Watkins, Mar- 
 shall J. AVellborn, Isaac Wildrick, Christopher H. Williams, 
 Joseph A. Woodward, Timothy R. Young— 109. 
 
 Nays— Henry P. Alexander, Charles Allen, Edward D. 
 Baker, Henry Bennett, Kinsley S. Bingham, Walter Booth, 
 George Brings, Lorenzo 15urrows, Thomas B. Butler, Joseph 
 Cable, Samuel Calvin, Lewis I). Campbell, David K. Caittcr, 
 Joseph B. Chandler, Charles E. Clarke. Orsamus Cole, Moses 
 B. Corwin, John Crowell, Jesse C. Dickey, David T. Disney, 
 Nathan F. Dixon, James Duane Doty, James II. Duncan, 
 Charles Durkee, Nathan Evans, Graham N. Fitch, Orin 
 Fowler, John Freedly, Joshua R. Gid(!ings, Daniel Gott, 
 Herman D. Gould, Ransom Ilalloway, Bloses Hampton, An- 
 drew J. Harlan, Andrew K. Hay, William Ilebard, William 
 Henry, John W. Howe, William F. Hunter, William T. 
 Jackson, George W. Julian, George G. King, James G. 
 King, John A. King, Preston King, Horace Blann, Orsamus' 
 B. Matteson, Thomas McKissock, Jamrg Meacham, Henry 
 D. Moore, Jonathan D. Morris, William K. Lson, John Otis, 
 Charles W. Pitman, Harvey Putnam, IuiIk it II. Reed, John 
 L. Robinson, Joseph M. Root, David Itumspy, jr., William 
 A. Sackctt, Cullen Sawtelle, Ab"m M. Scherrnoi'horn, John 
 L. Schoolcraft, Peter II. Silvester, ^Villiam Sprague, Thad- 
 deiis Stevens, Charles Stetson, JoJin R. Thurman, Amos 
 Tuck, Walter Underbill, Samuel F. Vinton, Loron P. Waldo, 
 John Wentworth, William A. Whittlesey, Amos E. Wood, 
 George W. Wright— 76. 
 
 Millard Fillmore, President, approved it, 
 September 18, 1850. 
 
 MOVEMENTS FOR ITS EEPEAL. 
 
 First Session, Thirty-Second Congress. 
 
 IN SENATE. 
 1852, Aug 26 — The civil and diplomatic bill 
 pending, 
 
 Mr. Sumner offered an amendment to add 
 to a section appropriating money to pay minis- 
 terial officers of the Uni'ed ISttites extraor- 
 dinary expenses incurred, this proviso : 
 
 That no such allowance shall be authorized for any ex- 
 penses incurred in executing the act of September 18, 1860, 
 for the surrender of fugitives iiuLu service or labor; which 
 said act is hereby repealed. 
 
 234 
 
REPEAL OF THE FUGITIVE SLAVE LAWS. 
 
 Which was rejected — yeas 4, nays 47, as fol- 
 lows; 
 
 Yeas— Messrs. Chase of Ohio, Hale of N. H., Sumner of 
 Mass., Wade of Ohio — i. 
 
 Nays— Messrs. Adams of Miss., Badger of N. C, Bayard 
 of Del., Bill of Tenn., Borland of Ark., Bradbury of Maine, 
 Bright of Ind., Brodhead of Penn., Brooke of Miss., Butler 
 of S. C, Cass of Mich., Charlton of Geo., Clark of R. I., 
 Clemens of Ala., Cooper of Penn., Dawson of Geo., DeSaus- 
 8ure of S. C, Dodge of Iowa, Douglass of 111., Fitch of 
 Mich., Fish of N. Y., Geyer of Mo., Gwin of Cal., Hamlin of 
 Maine, Houston of Texas, Hunter of Va., James of R. I., 
 Jones of Iowa, King of Ala., Mallory of Florida, Mangum 
 of N. C, Mason of Va., Meriwether of Ky.. Miller of N. J., 
 Morton of Fla., Pearce of Md., Pratt of Md., Rusk of Texas, 
 Shields of 111., Smith of Conn., Souleof La., Spruanceof Del., 
 Toucey of Conn., Underwood of Ky., Upham of Vt., Walker 
 f Wis., Weller of Cal.— 47. 
 
 First Session, Thirty-Third Congress. 
 
 IN HOUSE. 
 1854, July 28— Mr. Thomas D. Eliot, of 
 Massachusetts, asked leave to introduce a bill 
 to repeal the fugitive slave law. Mr. Bkidges, 
 of Pennsylvania, objected. 
 
 Mr. Eliot moved to suspend the rules for 
 that purpose ; which was rejected — yeas 45, 
 nays 120, as follows : 
 
 Yeas— Messrs. Edward Ball, Henry Burnett, Samuel P. 
 Benson, L. D. Campbell, David Carpenter, Moses B.Corwin, 
 Samuel L. Crocker, Thomas Davis, Alexander DeWitt, John 
 Pick, Edward Dickinson, Ben. C. Eastman, J. Wiley Ed- 
 mands, Thomas D. Eliot, William Everhart, Joshua R. 
 Giddings, John Z. Goodrich, Aaron Harlan, Thomas M. 
 Howe, Daniel T. Jones, James Knox, 0. B. Matteson, Sam- 
 uel Mayall, Edwin B. Morgan, Jesso O. Norton, Samuel W. 
 Parker, Alexander C. M. Pennington, Benjamin Pringle, 
 David Ritchie, Samuel L. Russell, Alvah Sabin, Russell 
 Sage, William R. S:ijip, George A.Simmons, Gerrit Smith, 
 Andrew Stuart, Benjamin B. Thruston, M. C. Trout, C. W. 
 Uj)ham, Edward Wade, Samuel H. Walley, Ellihu B. Wash- 
 burne, Israel Washbm'n, jr., Daniel Wells, jr., Tappan Went- 
 worth — 15. 
 
 Nays— William Aiken, James C. Allen, Willis Allen, Wil- 
 liam S. Ashe, D. J. Bailey, W. S. Barry, T. H. Benton, T. S. 
 Eocock, W. W. Boyce, J. C. Breckinridge, S. A. Bridges, P. 
 S. Brooks, S. Caruthers, E. M. Chamberlain, E. S. Chastain, 
 J. S. Chrisman, W.M.Churchwell, S. Clark, T. L. Clingman, 
 W. R. W. Cobb, J. P. Cook, L. M. Cox, B. Craige, C. B. Cur- 
 tis, J. G. Davis, J. L. Dawson, D.T. Disney, J.F.Dowdell,A. 
 Drum, W. Dunbar, N. Eddy, A. P. Edgerton, H.A.Edmund- 
 son, J. M. Elliott, A. Ellison, W. H. English, E. W. Farley, 
 C. J. Faulkner, T. B. Florence, T. J. D. Fuller, W. O.Goode, 
 A. B. Greenwood, G. A. Grow, S. W. Harris, W. P. Harris, J. 
 S. Harrison, S. G. Haven, T. A. Hendricks, B. Henn, H. 
 Hibbard, C. S. Hill, G. S. Houston, T. G. Hunt, H. H.John- 
 son, G.W.Jones, R.Jones, L. M. Keitt, J. Kerr, Z.Kidwell, 
 G. W. Kettridge, W. H. Kurtz, A. W. Lamb, M. S. Latham, 
 J. Letcher, J. J. Lindley, F. McMuUen, J. McNair, J. Mc- 
 Queen, J. a. Macv, J. Maurice, A. E. Maxwell. J. G. Miller, 
 S. Miller, J. S. Millson, G. W. Morrison, W. Mm-ray, M. II. 
 Nichols, D. A. Noble, E. B. Olds, A. Oliver, J. L. Orr, R. W. 
 Peckham, J. S. Phelps, P. Phillips, J. T. Pratt, W. Preston, 
 R. C. Puryear, D. A. Reese, G. R. Riddle, J. Robbins, 1r., S. 
 H. Rogers, T. Ruffin, J.L.Seward, W.Shannon, H.M.Shaw, 
 J. Shower, C. Skelton, S. A. Smith, W. R. Smith, G. W. 
 Smyth, A. R. Sollers, F. P. Stanton, R. H. Stanton, A. H. 
 Stephens, II. L. Stevens, N. T. Stratton, C. M. Straub, D. 
 Stuart, F. J. Taylor, J. L. Taylor, N. 6. Tavlor, G. Vail, J. 
 Vansant, II. Walbridge, W. A. Walker, J.'Wheeler, W. H. 
 Witte, D. B. Wright, U. B.Wright, F.K. ZolUcoffer- 120. 
 
 Second Session, Thirty-Seventh Congress.* 
 IN SENATE. 
 1861, December 26 — Mr. Howe, of Wisconsin, 
 
 •On the 23d of July, ISGl, the Attorney General, in 
 answer to a letter from the United States marshal of 
 Kansas, inquiring whether he should assist in the execu- 
 tion of the fugitive slave law, wro'e: 
 
 Attorney General's Office, July 23, 1861. 
 J L. McDowell, U. S. Marshal, K' nsas : 
 
 Your letter of the Ith of July, received 19th, (under 
 frank of Senator Lane, of Kansas,) asks advice whether you 
 should give your oflScial services in the execution of the 
 fugitive slave law. 
 
 It is the President's constitutional duty to " take care that 
 
 introduced a bill to repeal the fugitive slave 
 law ; which was referred to the Committee on 
 the Judiciary. 
 
 1862, May 24 — Mr. Wilson, of Massachusetts, 
 introduced a bill to amend the fugitive slave 
 law ; which was ordered to be printed and lie 
 on the table. 
 
 June 10 — Mr. Wilson moved to take up the 
 bill ; which was agreed to — yeas 25, nays 10, aa 
 follows : 
 
 Yeas— Messrs. Anthony, Browning, Chandler, Clark, 
 Cowan, Di.xon, Doolittle, Fessenden, Foot, Grimes, Hale, 
 Ilarlao, Harris, Howard, Howe, King, Lane of Kansas, Mor- 
 rill, Pomeroy, Simmons, Sumner, Ten Eyck, Trumbull, 
 Wade, Wilson of Massachusetts — '25. 
 
 Nats — Messrs. Carlile, Davis, Latham, IfcDongall, JVes- 
 mith, Powell, Saidshury, Stark, Willey, Wrigld—X^. 
 
 The bill was to secure to claimed fugitives a 
 right to a jury trial in the district court for the 
 United States for the district in which they 
 may be, and to require the claimant to prove 
 his loyalty. The bill repeals sections 6, 7, 8, 
 9, and 10 of the act of 1850, and that part of 
 section 5, which authorizes the summoning of 
 the posse comitatus. When a warrant of return 
 is made either on jury trial or confession of the 
 parly in the presence of counsel, having been 
 warned of his rights, the fugitive is to be sur- 
 rendered to the claimant, or the marshal where 
 necessary, who shall remove him to the bound- 
 ary line of the district, and there deliver him to 
 the claimant. The bill was not further consid- 
 ered. 
 
 IN HOUSE. 
 
 1861, December 20 — Mr. Julian offered this 
 resolution : 
 
 Resolved, That the Judiciary Committee he instructed to 
 report a bill, so amending the fugitive slave law enacted in 
 1S50 as to forbid the recapture or return of any fugitive 
 from labor without satislactory proof first made that the 
 claimant of such fugitive is loyal to the Government. 
 
 Mr. HoLMAN moved to table the resolution, 
 which was disagreed to — yeas 39, nays 78, as 
 follows : 
 
 Yeas— '^rr--i". Anrnyia, Joseph Baily, Bkldle, George H. 
 Brcii-i,.. ' , ' ,-, Cox, Cravens, Crittenden, Dunlap, 
 Enijli'i. I ' • r, Harding, Ilolman, Johnson, Law, 
 
 Laccar, Ln. , / ^> m, MoJIin-ii, Mnrr!.^,Xnhlc, Noell, Nor- 
 ton, JS'wjtn, ill' \ /;,'...-,, /; ,■.;.,: ..in/m B.Steele, 
 William G. .^ , i .1. ,7//, Webster, 
 CliiltonA. Wh. , M , ! —39. 
 
 Nays— Mes-i.-. A'-lihli, .\;, _>, a.!,;, tl, i:,il,bitt. Baker, 
 Baxter, Beanian, I'.ingliam, Fiainis P. Blair, Samuel S. 
 Blair, Blake, BuDTinton, Burnhan, Chamberlain, Clark, Col- 
 fax, Frederick A. Conkling, Rnscoe Conkling, Cutler, 
 Davis, Dawes, Del.ano, Duelf, I'du;,!-.!-:. Fii,,t. i-v.^'^.MKlpn, 
 Franchot, Frank, Gooch,Goocl'M! in:, n-, li ,',■ II .;,fhett, 
 Harrison, Hooper, Hutchins, .111 : , v. ■ 1- .Lan- 
 
 sing, Loomis, Lovejoy, McKn: i;. *: .ni >,i. >, ;>ton, 
 Mitchell, Moorhead, Anson P. Ai". ml, .iii.-,i.ii ,S. ilurrill, 
 Olin, Patton, Pike, Pomerov, Purter, Potter, John H. Rice, 
 Riddle, Edward II. Rollins, Sargent, Sedgwick, Shanks, 
 Shellab.arger, Sherman, Sloan, Spaulding, Stevens, Ben- 
 jamin F. Thomas, Train, Aandcver, Wall, Wallace, E. P. 
 Walton, Washliurne, Wlieeler, Whaley, Albert S. White, 
 Wilson, Windom, Worcester — 78. 
 
 the laws be faithfully ex. cuted." That means all the laws. 
 He has no rigbt to discriminate, no right to execute the liiwa 
 ho likes, and leave unexecuted those he dislikes And of 
 cour.-e you and I, his subordinates, can have no wider lati- 
 tude of discretion than he has. Mi.ssouri is a State in the 
 Union. Tlie insurrectionary disorder.'! in Missouri are but 
 individual crimes, and do not rlianRe tlie leg.il statusof the 
 State, nor change its rights and obligations as a member of 
 the Union ' 
 
 A refusal by a ministerial ofBcer to execute any law which 
 properly belongs to his olBce, is an olhcial raisd-meanor, of 
 which I have no duubt the President would take notice 
 Very respectful y, EDWARD BATE& 
 
236 
 
 REPEAL OF THE FUGITIVE SLAVE LAWS, 
 
 The resolution was then adopted — yeas '18, 
 nays 39. 
 
 18G2, June 9 — Mr. Julian, of Indiana, intro- 
 duced into the House a resolution instructing 
 the Judiciary Committee to report a hill for the 
 purpose of repealing the fugitive slave law ; 
 which was tabled — yeas 6G, nays 51, as follows : 
 
 Yeas— Messrs. William J. Allen, Ancona, Baily, Biddle, 
 Francis P. I!l:ur, Jacob B. Blair, George U. Browne, William 
 G. Brown, Buruluim, Calvrt, Casey, Clements, Cobb, Corn- 
 ing, Crittimden, Delano, Diven, Granger, Gride); Haight, 
 Hale, Harding, Holman, Johnson, William Kellogg, Kerri- 
 gan, Knapp, Lazear, Low, Maynard, Memies, Moorhead, Mor- 
 ris, Noble, Aoell, Norton, Odell, Pendleton, John S. Phelps, 
 Timothy G. Phelps, Porter, Kichardson, Robinzon, James S. 
 Pnllins, Sargent, Segar, Sheffield, Shiel, Smith, John B. Steele, 
 William, G. Steele, Benjamin F. Thomas, Francis Thomas, 
 Trimble, Vallandigham, Verree, Vibbard, Voorhees, Wads- 
 worih,'WehsteT, Chilton A. WIdte, Wicldiffe, Wood, Woodruff, 
 Worcester, Wright— GQ. 
 
 Nays— Messrs. Aldrich, Alley, Baker, Baxter, Beaman, 
 Bingham, Blake, Buffinton, Chamberlain, Colfax, Frederick 
 A. Conkling, Davis, Dawes, Edgerton, Edwards, Eliot, Ely, 
 Franchot, Gooch, Goodwin, Hanchett, Ilutchins, Julian, Kel- 
 ley, Francis W. Kellogg, Lansing, Love.joy, McKnight, Mc- 
 Pherson, Mitchell, Anson P. Morrill, Pike, Pomeroy, Potter, 
 Alexander II. Rice, John II. Rice, Riddle, Edward H. Rollins, 
 Shellabarger, Sloan, Spaulding, Stevens, Train, Trowbridge, 
 Van Horn, Van Valkenburgh, Wall, Wallace, Washburne, 
 Albert S. White, Windom — 51. 
 
 Same day — Mr. Colfax, of Indiana, offered 
 this resolution : 
 
 Resolved, That the Committee on the Judiciary be in- 
 structed to re2)ort a bill modifying the fugitive slave law so 
 as to require a jury trial in all cases where the person 
 claimed denies under oath that he is a slave, and also re- 
 quiiing any claimant under such act to prove that he has 
 been loyal to the Government during the present rebellion. 
 
 Which was agreed to— yeas 77, nays 43, as 
 fo lows : 
 
 Yeas— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Ba- 
 ker, Baxter, Eeaman, Bingham, Francis P. Blair, Blake, Buf- 
 finton, BurnUam, Chamberlain, Colfax, Frederick A. Conk- 
 ling, Davis, Dawes, Delano, Diven, Edgerton, Edwards, Eliot, 
 Ely, Franchot, Gooch, Goodwin, Granger, Gurley, Haight, 
 Hale, Hanchett, Hutchins, Julian, Kelley, Francis W. Kel- 
 logg, William Kellogg, Lansing, Loomis, Lovejoy, Low, 
 McKnight, McPherson, Mitchell, Anson P. Morrill, Justin 
 S. Morrill, Nixon, Timothy G. Phelps, Pike, Pomeroy, Porter, 
 Potter, Alexander H. Rice, John H. Bice, Riddle, Edward 
 II. Rollins, Sargent, Shanks, Sheffield, Shellabarger, Sloan, 
 Spaulding, Stevens, Stratton, Benjamin F. Thomas, Train, 
 Trimble, Trowbridge, Van Valkenbvirgh, Verree, Wall, Wal- 
 lace, Washburne, Albert S. White, WUson, Windom, Wor- 
 cester — 77. 
 
 Nats— Messrs. William J. Allen, Ancona, Baily, Biddle, 
 Jacob B. Blair, William G. Brown, Calvert, Casey, Clements, 
 Cobb, Cor7iing, Crittenden, Fouke, Grider, Harding, Hol- 
 man, Johnson, Knapp, Maynard, Menzies, Noble, Noell, Nor- 
 ton, Pendleton, JohnS. Phelps, Richardson, Robinson, James 
 S. Rollins, Segar, Sliiel, Smith, John B. Steele, William G. 
 Sicele, Francis Thomas, Vallandigham, Vibbard, Voorhees, 
 Wadsworth, Webster, Chilton A. White, Wickliffe, Wood, 
 Wright-^iZ. 
 
 Third Session, Thirty-Seventh Congress. 
 IN SENATE. 
 
 1863, February 11— Mr. Ten Eyck, from the 
 Committee on the Judiciary, to whom was re- 
 ferred a bill, introduced by Senator Howe, in 
 becond session, December 26, 1861, to repeal the 
 fugitive slave act of 1850, reported it back 
 without amendment, and with a recommenda- 
 tion that it do not pass. 
 
 First Session, Thirty-Eighth Congress. 
 
 IN HOUSE. 
 1863, Dec. 14— Mr. Julian, of Indiana, of- 
 fered this resolution : 
 
 Resolved, That the Committee on the Judiciary be in- 
 structed to report a bill for tlie repeal of the third and fourth 
 ■ujtions of the "act respecting fugitives from justice and 
 
 persons escaping from the service of their masters," ap- 
 proved February 12, 1793, and the act to amend and biip- 
 plementary to the aforesaid act, approved September 18, 
 1850. 
 
 Mr. Holman moved that the resolution lie 
 upon the table, which was agreed to — yeas 81, 
 nays 73, as follows : 
 
 Yeas — Messrs. James C. Allen, William J. Allen, Ancona, 
 Anderson, Baily, Augustus C. Baldwin, Jacob B. Blair, Bliss, 
 Brooks, James S. Brown, William G. Brown, Clay, Cobb, 
 Coffroth, Cox, Cravens, Creswell, Dawson, Doming, Denison, 
 Eden, Edgerton, Eldridge, English, Finck, Gunson, Ch-ider, 
 Griswold, Hall, Harding, Harrington, Benjamin G. Harris, 
 Cliarlesif. Harris, liigby, Holman, Hutchins, William John- 
 son, Kernan, King, Knapp, Law, Lazear, Le Blond, Lviig, 
 JUallory, ifarcy, Marvin, McBride, McDowell, McKinncy, 
 William H. Miller, James R. Morris, Morrison, Nelson, Noble, 
 Odell, John O'Neill, Pendleton, William H. Randall, Robin,- 
 son, Rogers, James S. Rollins, Ross, Scott, Smith, Smithers, 
 Stebbins, John B. Steele, Stuart, Sweat, Thomas, Voorhees, 
 Wadsworth, Ward, Wheeler, Chilian A. White, Joseph W. 
 Wiifc, Williams, Winfield, Fernando Wood, Yeoman— i\. 
 
 Nats — Messrs. Alley, Allison, Ames, Arnold, Ashley, John 
 D. Baldwin, Baxter, Beaman, Blaine, Blow, Boutwell, Boyd, 
 Brandegee, Broomall, Ambrose W. Clark, Freeman Clarke, 
 Cole, Henry Winter Davis, Dawes, Dixon, Donnelly, Drigss, 
 Dumont, Eckley, Eliot, Farnsworth,Fenton, Frank, Gartield, 
 Gooch, Grinnell, Hooper, Hotchldss, Asahel W. Hubbard, 
 John 11. Hubbard, Hulburd, Jenckes, Julian, Francis W. 
 Kellogg, Orlando Kellogg, Loan, Longyear, Lovejoy, Mc- 
 Clurg, Mclndoo, Samuel F. Miller, Moorhead, Morrill, Amos 
 Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Pat- 
 terson, Pike, Pomeroy, Price, Alexander H. Rice, John H. 
 Rice, Edward H. Rollins, Schenck, Scofield, Shannon, 
 Spalding, Thayer, Van Valkenburgh, Elliliu B. Washburne, 
 William B. Washburn, Whaley, Wilder, Wilson, Windom, 
 Woodbridge — 73. 
 
 1864, June 6 — Mr. Hubbard, of Connecticut, 
 offered this resolution : 
 
 Resolved, That the Committee on the Judiciary be in- 
 structed to report to this House a bill for the repeal of all 
 acts and parts of acts which provide for the rendition of 
 fugitive slaves, and that they have leave to make such re- 
 port at any time. 
 
 Which went over under the rule. May 30, he 
 had made an ineffectual effort to offer it, Mr. 
 HoLMAN objecting. 
 
 REPEALING BILLS. 
 
 1864, April 19 — The Senate considered the bill 
 to repeal all acts for the rendition of fugitives 
 from service or labor. The bill was taken up — 
 yeas 26, nays 10. 
 
 Mr. Sherman moved to amend by inserting 
 these words at the end of the bill : 
 
 Except the act approved February 12, 1793, entitled "An 
 act respecting fugitives from justice, and persons escaping 
 from the service of their masters." 
 
 Which was agreed to — yeas 24, nays 17, as 
 follows : 
 
 Yeas — Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, 
 Dixon, Doolittle, Foster, Harris, Henderson, Hendricks, 
 Howe, Johnson, Lane of Indiana, McDovgall, NeamUh, 
 Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, 
 Van Winkle, Willey— 24. 
 
 Nats — Messrs. Anthony, Brown, Clark, Conncss, Fessen- 
 den, Grimes, Hale, Howard, Lane of Kansas, 5Iorgan, Slor- 
 rill, Pomeroy, Ramsey, Sprague, Sumner, Wilkinson, Wil- 
 son— 17. 
 
 Mr. Saulsbury moved to add these sections : 
 
 And be it further enacted, That no white inh.aliitant of the 
 United States shall be arrested, or imprisoneil, or held to 
 answer for a capital or otherwise infamous crime, 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, 
 without due process of law. 
 
 And be it further enacted. That no person engaged in the 
 executive, legislative, or judicial departments of the Gov- 
 ernment of the United States, or holding any office or trust 
 recognized in the Constitution of the United States, and no 
 person in military or naval service of the United States, 
 shall, without due process of law, arrest or imprison any 
 white inhabitant of the United States who is not, or has not 
 been, or shall not at the time of such arrest or imprison- 
 ment be, engaged in levying war against the United States, 
 
AND KINDRED SUBJECTS. 
 
 237 
 
 or iu adhering to the enemies of the United States, giving 
 them aid and comfort, nor aid, abet, procure, or advise the 
 same, except in casea arising in the land or naval forces, or 
 in the militia when in actual service in time of war or pub- 
 lip danger. And any person as aforesaid so arresting, or 
 iftiprisoning, or holding, as aforesaid, as in this and the sec- 
 ond section of this act mentioned, or aiding, abetting, or 
 procuring, or advising the same, shall be deemed guilty of 
 felony, and, upon conviction thereof in any court of compe- 
 tent jurisdiction, shall be imprisoned for a term of not less 
 than one nor more than five years, shall pay a fine of not 
 less than SI ,000 nor more than $5,000, and shall be forever 
 incapable of liolding any office or public trust under the 
 Government of the'United States. 
 
 Mr Hale moved to strike out the word 
 " white " wherever it occurs ; which was agreed 
 to. 
 
 The amendment of Mr. Saulsbubt, as amend- 
 ed, was then disagreed to — ^yeas 9, nays 27, as 
 follows : 
 
 Yeas — Messrs. Btickalew, CarliU, Cowan, Davis, Hen,' 
 dricks, McDougall, Powell, Riddle, Saulsbury—Q. 
 
 Nays — Messrs. Anthony, Clark, CoUamer, Conness, Doo- 
 little, Fessemten, Foster, Grimes, Hale, Harris, Howard, 
 Howe, Lane of Indiana, Lane of Kansas, Morgan, Morrill, 
 Piinieroy, Ramsey, Sbermnn, Sprague, Sumner, Ten Eyck, 
 Trumbull, Yuu Winkle, Wilkinson, Willey, Wilson— 27. 
 
 Mr. Conness moved to table the bill; which 
 was disagreed to — yeas 9, (Messrs. Buckalew, 
 Carlile, (Jouness, Davis, Hendricks, Ncsmith, 
 Powell, Riddle, Saulsbury,) nays 31. 
 
 It was not again acted upon. 
 
 18G4, June 13 — The House passed this bill, 
 reported from the Committee on the Judiciary 
 by Mr. Morris, of New York, as follows : 
 
 i'e it enacted, (C-c, That sectiDns three and four of an act 
 eiititlyd ■■ An act re.»ipecting fugitives from justice and per- 
 Svjns escaping from ihe service of their masters," passed 
 February 12, 1793, and f.n act entitled " An act to amend, 
 and supplementary tn, tlie act entitled ' An act respecting 
 fugitiTes from justice, and persons escaping from their 
 masters,' passed February 12, 1793,'' passed September 18, 
 1850, be, and the same are hereby, repealed. 
 
 nays t 
 
 1 follows 
 
 Yeas— Messrs. Alley, Allison, Ames, Arnold, Ashley 
 John D. Baldwin, Baxter, Beaman, Blaine, Blair, Blow 
 Boutwell, Boyd, Brandegee, Broomall, Ambrose W. Clark, 
 Freeman Clarke, Cobb, Cole,Creswell, Henry Winter Davis, 
 Thomas T. Davis, Dawes, Dcmiug, Dixou, Donnelly, Driggs, 
 Eokley, Eliot, Farnsworth, Teuton, Frank, Garfield, GoocJij 
 Griswold, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, 
 John H. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, 
 Kelley, Francis W. Kellogg, Orlando Kellogg, Littlejohn, 
 Loan, Longyoar, Marvin, McBride, McClurg, Mclndoe, 
 Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos 
 Myers, Leonard Myers, Norton, Chas. O'Neill, Orth, Patter- 
 son, Pei-ham, Pike, Price, Alexander H. Rice, Johu H. Rice, 
 Edward H. Rollins, fichenck, Scofield, Shannon, Sloan, 
 Spalding, Starr, Stevens, Thayer. Thomas, Tracy, Upson, 
 Van Valkenburgh, Wm. B. Washburn, Webster, Whaley, 
 Williams, Wilder, Wilson, Windom, Woodbridge— 90. 
 
 Nats — Messrs. James C. AlUn, William J. Allen, Ancona. 
 Augustus C. Baldwin, Bliss, Brooks, James S. Brown, Chan- 
 ler, Coffroih, Cox, Cravens, Dawson, Denison, Eden. Edger- 
 tnn, Eldridge. English, Finch, Oanson, Grider, Harding, 
 Harrington, CliarlesM. Harris, Herrick,Holman, Hutchins, 
 Philip Johnson, Kalbjleisch, Kernan, King, Knapp, Law. 
 Lazear, Le Blond, Mallory, Marcy, McDowell, McKinney, 
 William H. Miller, James R. Morris, Morrison, Odell, Pen- 
 dleton, Pruyn, Radford, Samuel J. Randall, Robinson. 
 James S. Rollins, Ross, Smithers, John B. Sleek, William 
 O. Steele, Stiles, Strouse, Stuart, Sweat, Wadsworth, Ward, 
 Wheeler, Chilton A. White, Joseph W. White, Fernando 
 Wood— 62. 
 
 June 22 — This bill was taken up in the Sen- 
 ate, when Mr. Saulsbury moved this substitute: 
 
 That no person held to service or labor in one State, un- 
 der the laws thereof, escaping into another, shall, in conse- 
 quence of any law or regulation therein, be discharged 
 from such service or labor, but shall be delivered iiii on 
 claim of the party to whom such service or labor may bo 
 due ; and Congress shall pass all necsssary and proper laws 
 for the rendition of all such persons who shall so, as afore- 
 iuid, escape. 
 
 Which was rejected — yeas 9, nays 29, as fol- 
 lows: 
 
 Yeas — Messrs. BuckaUw, CarliU, Cowan, Davis, Mc- 
 Doiigall, Powell, Richardsmi, Riddle, Saulslmry — 9. 
 
 Nays — Messrs. Anthony, Brown, Chandler, Clark, Con- 
 ness, Dixon, Foot, Grimes, Hale, Harlan, Harris, Hicks, 
 Ilowixrd, Howe, Johnson, Lane of Indiana, Lane of Kansas, 
 Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Ten 
 Eyck, Trumbull, Van Winkle, Wade, WUiey— 29. 
 
 Mr Johnson, of Maryland, moved an amend- 
 ment to substitute a clause repealing the art of 
 1850 ; which was rejected — yeas 17, nays 22, as 
 follows: 
 
 Yeas — Messrs. Buckalew, Carlile, Cowan, Davis, Harris, 
 Hicks, Johnson, Lane of Indiana, McDongall, Powell, Rich- 
 ardfon. Riddle, Saulsbury, Ten Eyck, Trumbull, Van 
 Winkle, WTilley— 17. 
 
 Nats — Messrs. Anthony, Brown, Chandler, Clark, Con- 
 ness, Dixon, Fesseuden, Foot, Grimes, Hale, Harlan, How- 
 ard, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, 
 Ramsey, Sprague, Sumner, Wade, Wilson — 22. 
 
 The bill then passed — yeas 27, nays 12, as 
 follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, Con- 
 ness, Dixon, Fessenden, Foot, Grimes, Hale, Harlan, Harris, 
 Hicks, Howard, Howe, Lane of Indi.ana, Lane of Kansas, 
 Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Ten 
 Eyck, Trumbull, Wade, Wilson— 27. 
 
 Nats — Messrs. Buckalew, Carlile, Cowan, Davis, Johnson, 
 McDougall, Powell, Richardson, Riddle, Saulsbury, Van 
 Winkle, Willey— 12. 
 
 Abraham Lincoln, President, approved it, 
 June 28, 1864. 
 
 ESCAPE OF FUGITIVE SLAVES, FROM 1850 TO 1860. 
 
 The census report shows that notwithstand- 
 ing all the controversies upon the subject of 
 the fugitive sla.ve law and its enforcement, 
 fi-om 1850 down to 1860, there were less per 
 cent, escapes of fugitive slaves than at any 
 former period of the Government. The report 
 states : 
 
 " The number of slaves who escaped from their masters 
 in 1860 is not only much less in proportion than in 1850, 
 but greatly reduced numerically. The greatest increase ol 
 escapes appears to have occurred in Jlissis.'sippi, Missouri, 
 and Virginia, while the decrease is most marked in Dela- 
 ware, Georgia, Louisiana. Maryland, and Tennessee. , 
 
 "That the complaint of insecurity to slave property by 
 the escape of this class of persons into the free States, and 
 their recovery impeded, whereby its value has been less- 
 ened, is the result of misapprehension, is evident not only 
 from the small number who have been lost to their owners, 
 but from the fact that up to the present time the number of 
 escapes has been gradually diminishing to such an extent 
 that the whole annual loss to the southern States from this 
 cause bears less proportion to the amount of capital in- 
 volved than the daily variations which in ordinary times 
 occur in the fluctuations of State or Government securities 
 in the city of New Y'ork alone. 
 
 " From the tables annexed it appears that while there 
 escaped from their masters 1,011 slaveain lS50,orl in each 
 3,165 held in bondage, (being about one thirtieth of one 
 per cent.) during the census year ending Juno 1, 1860, out 
 of 3,949.657 slaves, there escaped only 803, being 1 to about 
 5,000, or at the rate of one fiftieth of one per cent. 
 
 THE NEW ARTICLE OF WAR — MARCH 13, 1862. 
 
 Second Session, Thirty-Seventh Congress. 
 IN HOUSE. 
 
 Art. 102. All officers or persons in the military or naval 
 service of the United States are prohibited from employing 
 any of the forces under their respective commands for the 
 purpose of returning fugitives from service or labor who 
 may have escaped from any persons to whom such service 
 or labor is claimed to be due, and auy ofliccr who shall be 
 found giiilty by a court-marlial of violating this article shall 
 be dismissed from the service. 
 
 Sec. 2. That this act shall take effect from and after ita 
 
238 
 
 EEPEAL OF THE FUGITIVE SLAVE LAWS, 
 
 1862, February 25 — The article passed the 
 House — yeas 95, nays 51, as follows: 
 
 Yeas— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baker, Uaxter, Beaman, Bingham, Francis P. Blair, Samuel 
 8. Blair, Blake, Buffinton, Campbell, Chamberlain, Clark, 
 Colfax, Frederick A. Conkling, Roscoe Conkling, Conway, 
 Covode, Cutler, Davis, Dawos, Divon, Duell, Edgerton, Ed- 
 wards, Eliot, Ely, Fessenden, Franchot, Frank, Gooch, Good- 
 win, Granger, Gurley, Hale, Ilanchett, Harrison, Hickman, 
 Hooper, llutchins, Julian, Kelley, Francis W. Kellogg, 
 William Kellogg,' Lansing, Loomis, Lovejoy, McKnight, 
 WcPhcrson, Mitchell, Moorhead, Anson P. Morrill, Justin 
 S. Morrill, Nixon, Oliu, Patton, Timothy G. Phelps, Pike, 
 Pomeroy, Porter, Potter, Alexander H. Rice, John H. Rice, 
 Riddle, Edwai-d H. Rollins, Sargent, Sedgwick, Shanks, 
 .5?'/''/7ir?d, Shellabarger, Sherman, Sloan, Spaulding, Stevens, 
 Stratton, Benjamin F. Thomas, Train, Trimble, Trowbridge, 
 Van Horn, Van Valkcuburgh, Van Wyck, Wall, Wallace, 
 Charles W. Walton, E. P. Walton, Washburne, Wheeler, 
 Albert S. White, Wilson, Windom, Worcester — 95. 
 
 NATS-^Messrs. Ancma, Joseph Baity, Biddle, Jacob B. 
 Blair, Cal-oert, Clements, Cohh, Cominrj, Cox, Cravens, Cris- 
 fidd, Crittenden, Dunlap, English, Grider, Hall, Harding, 
 Holman, Johnson, Knapp, Law, Laaear, Leary, Lehman, 
 Mallory, May, Maynard, Memies, Morris, JVoell, Norton, 
 Kugen, Pendleton, Perry, Price, Robinson, James S. Rollins, 
 Shiel, Smith, John D. Steele, William G. Steele, Francis Thomas, 
 Vallandigham, Vibbard, Voorhees, Ward, Webster, Wicklijfe, 
 Wood, Woodruff, Wright— bl. 
 
 IN SENATE. 
 
 March 10 — The article was considered. 
 
 Mr. Davis, of Kentucky, moved to amend by 
 insertinfif after the word " due" the words " and 
 also from detaining, harboring, or concealing 
 any such fugitives ;" which was disagreed to — 
 yeas 10, nays 29, as follows : 
 
 Yeas — Messrs. Bayard, Carlile, Davis, Henderson, La- 
 tham, McDougall, Powell, Rice, Saulsbury, WiCstm. of Mis- 
 souri— 10. 
 
 Nays— Messrs. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Cowan, Dixon, Lioolittle, Fessenden, Foot, Foster, 
 Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane 
 of Indiana, Lane of Kansas, Morrill, Pomeroy, Sherman, 
 Sumner. Ten Eyck, Trumbull, Wade, Wilson of Massachu- 
 setts, Wright— 29. 
 
 Mr. Saulsbury moved to exempt from the 
 operation of the article, Delaware, Maryland, 
 Missouri, and Kentucky, and elsewhere where 
 the Federal authority is recognized or can be 
 enforced ; which was lost — yeas 7, {Bayard, 
 Carlile, Latham, McDougall, Powell, SauUbury, 
 Wilson of Missouri, ) nays 30. 
 
 Mr. Sauls DURY moved to add after the word 
 ''due" the words "or for the purpose of entic- 
 ing or decoying any person held to service or 
 labor from the service of their loyal masters ,-" 
 which was lost — yeas 10, nays 29, (same as 
 above.) 
 
 The article then passed — yeas 29, nays 9. 
 The affirmative vote was the same as above, 
 except that Mr. Cowan did not vote, and Mr. 
 McDougall voted aye. The negative vote was : 
 
 Messrs. Bayard, Carlile, Davis, Henderson, Latham, 
 Powell, Rice, Saulsbury, Wilson of Missouri — 9. 
 
 The following action had previously been 
 taken in the House : 
 
 First Session, Thirty-Seventh Congress. 
 
 1861, July 9— Mr, Love.joy offered the fol- 
 lowing resolution : 
 
 Resolved, That, in the judgment of this House, it is no 
 part of the duty of the soldiers of the United States to cap- 
 ture and return fugitive slaves. 
 
 Which was agreed to — yeas 92, nays 55, as 
 follows : 
 
 Yeas — Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Goldsmith F. Bailey, Baker, Baxter, Beaman, Bingham, 
 
 Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Camp- 
 bell, Chamberlain, Ambrose W. Clark, Colfax, Frederick A. 
 Conkling, Roscoe Conkling, Conway, Covode, Cutler, Davis, 
 Dawes, Delano, Diven, Duell, Dunn, Edgerton, Edwai'ds, 
 Eliot, Ely, Fessenden, Franchot, Frank, Gooch, Grap- 
 ger, Gurley, Hale, Hickman, Hutchins, Julian, Kelley, 
 Francis W. Kellogg, Killinger, Lansing, Loomis, Lovejoy, 
 McKean, McPherson, Mitchell, Moorhead, Anson P. Morrill, 
 Justin S. Morrill, Olin, Patton, Pike, Pomeroy, Porter, Pot- 
 ter, Alexander H. Rice, John H. Rico, Riddle, Edward H. 
 Rollins, Sedgwick, Shanks, Shellabarger, Sherman, Sloan, 
 Spaulding, Stevens, Stratton, Benjamin F. Thomas, Thayer, 
 Train, Trimble, Trowbridge, Vandevcr, Van Horn, Van 
 Valkenburgh, Van Wyck, Verree, Wall, Wallace, Charles 
 W. Walton, E. P. Walton, Washburne, Wheeler, Albert S. 
 White, Windom, Worcester — 92. 
 
 Nats — Messrs. Allen, Ancona, Joseph Baily, Burnett, Col' 
 vert, Carlile, Cobb, Cooper, Cox, Cravens, Crisfield, Crittenden, 
 Dunlap, English, Fcnton, Fisher, Foulce, 'Glider, Haight, 
 Harding, Holman, Horton, Jackson, Johnson, William Kel- 
 logg, Law, Lazear, Logan, McClernand, Mallory, Memies, 
 Morris, Nixon, JVobh, NoelL Nugen, George H. Pmdlcton, 
 Richardson, Robinson, Sheffield, Smith, John B. Steele, Wm. 
 G. Steele, Francis Thomas, Upton, Vallandirjham, TK.us- 
 worih. Ward, Webster, Whaley, Chilton A. White, WickUffe, 
 Wood, Woodruff, Wright— 5b. 
 
 Dec. 20 — Mr. Shanks oflFered this resolution, 
 which was referred, Dec. 23, to the Committee 
 on the Judiciary : 
 
 Resolved, That the constitutional power to return fugi- 
 tive slaves to their masters rests solely with the civil de- 
 partments of the Government; and that the order of the 
 Secretary of War, under date of December 6, 1S61, to Gen- 
 eral Wool, for the delivery of a slave to Air. .Tessup, of 
 Maryland, as well as all other military ordersfor the return 
 of slaves, are assumptions of the military power over tho 
 civil law and the rights of the slave. 
 
 Second Session, Thirty-Seventh Congress. 
 1861, December 23 — Mr. Wilson, of Iowa, 
 offered this resolution : 
 
 Resolved, That the Committee on Military Affairs be in- 
 structed to report to this House a bill for the enuctinent of 
 an additional article of war for the government of tho army, 
 whereby the officers in the military service of the United 
 States shall be prohibited from using any portion of the 
 forces under their respective commands for the purpose of 
 returning fugitives from service or labor; and provitling for 
 the punishment of such officers as may violate said article 
 by dismissal from the service. 
 
 Which Mr. Noell moved to lay on the table ; 
 lost — yeas 83, nays 70. The yeas were : 
 
 Yeas — Messrs. Joseph Baily, Biddle., Jacob B. Blair> 
 George H. Browne, Calvert, Cobb, Cravrns, Dunlap, Dunn, 
 Fouke, Grider, Haight, Harding, Knapp, Law, Leary, 
 Logan, Maynard, Memies, Noble, Nor.U, Norton, Nugen, 
 Odell, Perry, Robinson, S/iiel, Smith, John B. Steele, Francii 
 Thomas, Upton, Vallandigham, Webster— S>'i. 
 
 The resolution was then adopted. 
 
 ON employment op slaves in dock-yards, etc. 
 Second Session, Thirty-Seventh Congress. 
 IN SENATE. 
 1862, June 14— Mr. Wilson, of Massachu- 
 setts, offered this additional section to the 
 naval appropriation bill : 
 
 That persons held to service or labor, commonly called 
 slaves, shall not be employed in any capacity whatever in 
 any navy-yard, dock-yard, arsenal, magazine, fort, or in the 
 Naval Academy. 
 
 AVhich was agreed to in Committee of the 
 Whole. 
 
 June 16 — It was rejected in open Senate — 
 yeas 17, nays 18, as follows : 
 
 Yeas — Messrs. Clark, Collamer, Dixon, Foot, Grimes, 
 Hale, Harlan, King, Lane of Indiana, Lane of Kansas, Mor- 
 rill, Pomeroy, Sumner, Trumbull, ^Vilmot, Wilson of Mas- 
 sachusetts, Wright — 17. 
 
 Nays — Messrs. Anthony, Browning, Chandler, Davis, 
 Doolittle, Fessenden, Foster, Henderson, Howard, llflwo, 
 Latliam, McDougall, Powell, Saulsbury, Stark, Ten jQck, 
 Willey, Wilson of Missouri — 18. 
 
AND KINDRED SUBJECTS. 
 
 239 
 
 KECOGNITIOX OF HAYTI AND LIBERIA. 
 
 Second Session, Thirty-Seventh Congress. 
 
 The bill to authorize the President to appoint 
 diplomatic representatives to the republics of 
 Hayti and Liberia, respectively, each represent- 
 ative to be accredited as commissioner and con- 
 sul general, and to receive the pay of commis- 
 sioners, that at Liberia not to exceed §-1,000 
 per annum — 
 
 1862, April 24 — Passed the Senate— yeas 32, 
 nays 7, as follows : 
 
 Yeas — Messrs. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Cowan, Dixon, Doolittle, i'essenden, Foot, Foster, 
 Grimes, Hale, Henderson, Howard, Howe, King, Lane of 
 Indiana, Lane of Kansas, Latham, McDougall, Morrill, 
 Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trum- 
 bull, Wade, Wilkinson, Wilson of Massachusetts, Wright 
 
 Nays — Messrs. Bayard, Carlile, Davis, Powell, Saulshury, 
 Stark, Thomson — 7. 
 
 Previously, an amendment like that oifered 
 In the House by Mr. Cox was lost — yeas 8, 
 nays 30. 
 
 June 3 — It was taken up in the House. 
 
 Mr. Cox. of Ohio, offered an amendment pro- 
 viding for the appointment of a consul general 
 to each, with authority to negotiate any treaties 
 of commerce between Hayti and Liberia and 
 this country, and with the compensation of con- 
 suls general ; which was lost — yeas 40, nays 
 82. 
 
 The bill then passed — yeas 86, nays 37, as 
 follows: 
 
 Yeas — Messrs. Aldrich, Alley, Ashley, Babbitt, Baker, 
 Baxter, Beaman, Bingham, Francis P. Blair, Blake, Buttin- 
 ton, Casey, Chamberlain, Clark, Clements, Colfax, Frederick 
 A. Conkling, Roscoe Conkling, Covode, Davis, Dawes, De- 
 lano, Duell, Dunn, Kdgerton, Ely,ressenden, Fisher, Frank, 
 Gooch, Goodwin, Graugtr, Gurley, Hale, Hickman, Hooper, 
 Horton, Hutchins, Juhan, Kelley, William Kellogg, Lan- 
 sing, Lehman, Loomis, Lovejoy, Low, McKnight, McPher- 
 son, Maynard, Mitchell, Moorhead, Anson P. Morrill, Justin 
 S. Morrill, Nixon, Timothy G. Phelps, Pike, Pomeroy, Por- 
 ter, Alexander If. Rice, .1ohii II. I;ici'. Ki.ldle, Edward H. 
 Rollins, Si!V ::i. - '-'■; .>. .-Ii ■:-;•: -. ^^ 'v' ' /. ,-l|..||,,l)arger, 
 SIoan,Spai;i , !■ ■ . ■ ;, ,~ ■ ■ [' : :, ,, 1 . Thomas, 
 Francis Tli i : : , , ' m Horn, 
 
 Van Valk. ;i 11 _:i, \^m . \> \i i i. W ,;-hburne, 
 
 Albert S. WliiU', \Vil,<in, Wv.. ' i. \; o. h-r— SO. 
 
 Nays— Messrs. Jr. ./..('/ „. /. , . , i<i, Biddle,3Acoh 
 B.Blair, Grorr/e II. i?/-«Hv/ . ' , , ■ .\ Corning, Cox, 
 Dunlap, Grider, Harding, IvA.it ,i, Knjpp, Law, Lazear, 
 Jkilhri/, May, MenHes, Nodi, Norton, Nugen, John S. PUeJps, 
 Price, Segar, Smith, John B. Steele, William G. Steele, Stiles, 
 Vibharil, roorhees, Wadsworth, Ward, Webster, WicJcli/re. 
 Wright-^7. ' M , 
 
 ROBERT SMALL. 
 
 Sscond Session, Thirty-Seventh Congress. 
 IN SENATE. 
 May 19 — Mr. Grimes brought in a bill for 
 the relief of Robert Small, which passed with- 
 out a division. 
 
 It authorizes the Secretary of the Navy to cause the steam 
 transport boat Planter, recently in the rebel service in the 
 harbor of Charleston, and all the arms, munitions, tackle, 
 and other property on board of her at the time of her de- 
 livery to the Federal authorities, to beappraised by a board 
 of competent ofBcers, and, when the value shall be thus as- 
 certained, to cause an equitable apportionment of one half 
 of such value, so ascertained, to be made between Robert 
 Small and his associates who assisted in rescuing her from 
 the enemies of the Government. The Secretary of the 
 Na-, / ma}', if he deems it expedient, cause the sum of money 
 allotted to each indindual under this bill to be invested in 
 United States securities for his benefit, the interest to be 
 jiaid to him or to his heirs annually until such time as the 
 Secretary of the Navy may deem it expedient to pay to him 
 or his heirs the principal sum. 
 
 IN HOUSE. 
 May 26 — It passed — yeas 121, nays 9. — • 
 (IMessrs. Calvert, Dunlap, Harding, Johnson, 
 Kerrigan, Norton, Shiel, Vallandigham, Voor- 
 hees.) 
 
 TO REMOVE DISQUALIFICATION OF COLOR IN CAR- 
 RTI.NG THE MAILS. 
 
 Second Session, Thirty-Seventh Congress. 
 IN SENATE. 
 18G2, April 11— The Senate considered a bill 
 "to remove all disqualification of color in 
 carrying the mails of the United States." It 
 directed that after the passage of the act no 
 person, by reason of color, shall be disqualified 
 from employment in carrying the mails, and 
 all acts and parts of acts establishing su'h dis- 
 qualification, including especially the seventh 
 section of the act of March 3, 1825,* are hereby 
 repealed. 
 
 The vote in the Senate was, yeas 24, nays 11, 
 as follows : 
 
 Yeas — Messrs. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, 
 Hale, Howard, Howe, King, Lane of Kansas, Morrill, Pome- 
 roy, Sherman, Simmons, Sumner, Wade, Willunson, and 
 Wilson of Massachusetts — 24. 
 
 Nats — Messrs. Davis, Henderson, Kennedy, Lane of In- 
 diana, Latham, Kesmith, Powell, Stark, Willoy, WiUon of 
 Missouri, Wright — 11 . 
 
 * The section referred to is in these words : 
 
 That no other than a free white person shall bo employed 
 in conveying the mail, and any contr.ictor v.-ho shall em- 
 ploy or permit any other than a free white person to con- 
 vey the mail shall, for every such offence, incin- a penalty 
 of twenty dollars. 
 
 The act of 1825 passed the Senate :\tiirch 1, and the House 
 March 2, without a division. The suggestion of this meas- 
 ure appears to have been first made in 1802 by Gideon 
 Granger, Postmaster General under President JeflTersou, 
 in the following letter : 
 
 General Post Office, March 23, 1802. 
 
 Sir: An objection exists against emplojing negroes, or 
 people of color, in transporting the public niails, of a na- 
 ture too delicate to ingraft into a report which may become 
 public, yet too important to bo omitted or passed over with- 
 out full consideration. I therefore take the liberty of mak- 
 ing to the committee, through yon, a private representa- 
 tion on that subject. After the s u - \i iii, i, >[. Domingo 
 has exhibited to the world, we e,i i tious in at- 
 
 tempting to prevent similar evils i , ; I irn States, 
 
 where there are, particularly ill ( !> : in ; ■ 1 uld settled 
 
 parts (if 1 1 , - i u: It :i pi"l ■! I'la-ks as to hazard 
 
 thetrjii', !,, -. 1, ■•citizens. Indeed, 
 
 iuViruM' ! i i r ::.■! > i i i. I hive been informed) 
 
 plans I'li'l • 11 , 1 - lii\.' I'in '■, been concerted by 
 
 them, more than once, to rise in arms, and subjugate their 
 masters. 
 
 Everything which tends to increase their knowledge of 
 natunil rishis. of men and things, or that affords them an 
 nppiirtnnily iif a-s.iciatiie,', aequiring, and communicating 
 s./iitinieiits, and cf est liilishiiig a chain or line of iutelli- 
 genee, must iiirrease your hazard, because it increases their 
 means of elTectiug their object. 
 
 The most active and intelligent are employed as post- 
 riders. These are the most ready to learn, and the most 
 able to execute. By traveling from d ly to day, and hourly 
 mixing with pe.].! ■, thi y ini:-!. Hi- > v :'I ih ^i -i-- iiir..iina- 
 tion. They v:i:U 'r,i i', /./,■■ ■'.. , ." / ,rn 
 
 his color. Thrtj ir:.l. i d < .' r^r.lk- 
 
 ren. They become le-.iiiiiint- 1 w n ii . li.i!h ■ m iln lino. 
 Whenever the body, or a portion of them, wi^h io ait. tliey 
 are an organized corps, circulating our iutelligence openly, 
 their own privately. 
 
 Their travelins creates no suspicion, excites no alarm. 
 Oneabl^ m ii ion i- them, percoivingthe value of this ma- 
 chine. Ill ; I I I I I in which would bo communicated by 
 your 111. 1 I i III town to town, and produce a general 
 and unit' 1 ij{< i.ui a against you. It is easier to prevent 
 the evil than to euro it. The hazard may bo small and th« 
 prospect remote, but it does not follow that at some day the 
 event would not be certain. 
 
 With respect and esteem, GIDEON GRANGER. 
 
 Hon. .Iajies Jackso.n, Senator from Georgia. 
 
240 
 
 REPEAL OF THE FUGITIVE SLAVE LAWS, 
 
 IN HOUSE. 
 
 May 21 — It was considered in the House and 
 laid on the table — yeas 82, nays 45, as follows : 
 
 Teas— Messrs. AUni. Anco-na. Bablntt, Baib/. BiddJe, Fran- 
 cis P. Blair,.Jacob ]:. M.iir, 'William G. Brown, Calvert, Casey, 
 Clemeuts, Colfax, rio,~coc CvnkUns, Conuii;/, Cox, Cravens, 
 Orisfteld, Cnlleiidai, Ui\x-u, Vuntap, Dunn, Ely, EnfjUsh, 
 Francbot, Granger, Grhlcr, Haight, Ilale, Hall, Hanchett, 
 Harding, Harrison, ffolman, Horton, Johnson, Kelley, Wil- 
 liam Kellogg, Kerrigan, Killinger, Law, Lazear, Leary, 
 Lehman, McKnight, McPherson, Mallory, Maynard, Men- 
 Hies, Nixon, ^oell, Nugen, Odcll, Patton, Pendleton, Perry, 
 John S. Phelps, Timothy G. Phelps, Porter, Price, Richard- 
 smi, Robinson, Sargent, Shiel, Smith, William G. Ste^lc.&trat- 
 ton, Francis Thomas, Trowbridge, Van Valkenburgh, Verree, 
 Vibbi-rd, Minrhees, Wadsworth, Wall, Ward, Webster, 
 Whalcy, Al'iert S. White, Chilton. A. White,WickliJ}e, Wood- 
 ruff, Worcestci-— S2. 
 
 ?fAY- — M;>osis. Aldrich, Alley, Eeaman, Bingham, Samuel 
 S. Biair, Elake, BufSnton, Chamberlain, Frederick A. Conk- 
 ling, Cutler, Davis, Dawes, Delano, Duell, Edgerton, Ed- 
 wards, Eliot, Fcnton, Fessenden, Frank, Gooch, Goodwin, 
 Hooper, Ilutchins, Julian, Lansing, Loomis, Pike, Pomcroy, 
 Potter, Alexander H. Rice, Riddle, Edward H. Rollins, 
 Sedgwick, <S/(e/?!eW, Sloan, Spauldiug,Beniamin F. Thomas, 
 Train, Van Horn, Wallace, Charles W. Walton, E. P. Walton, 
 Wilson, Windom — i5. 
 
 First Session, Thirty-Eighth Congress. 
 1864, February 26 — The Senate considered 
 the bill — the question being on agreeing to a 
 new section proposed by the Committee on Post 
 Offices and Post Roads — as follows : 
 
 Sec. 2. That in the courts of the United States there shall 
 be no exclusion of any witness on account of color. 
 
 Mr. Powell moved to amend by inserting 
 after the word "States" the words: "in all 
 cases for robbing or violating the mails of the 
 United States." 
 
 No further progress was made on the bill. 
 
 NEGRO SUFFR.\GE IN MONTANA TERRITORY. 
 
 18G4, March 18 — The House passed, without 
 a division, a bill in the usual form, to provide 
 a temporary government for the Territory of 
 Montana. 
 
 March 31 — The Senate considered it, when 
 Mr. Wilkinson moved to strike from the second 
 line of the iifth section, (defining the qualifica- 
 tions of voters,) the words "white male in- 
 habitant" and insert the words : " male citizen 
 of the United States, and those who have de- 
 clared their intention to become such;" which 
 was agreed to — yeas 22, nays IT, as follows : 
 
 Ye.\s — Messrs. Brown, Chandler, Clark, Collamer, Con- 
 ness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, 
 Harris, Howard, Howe, Morgan, Morrill, Pomeroy, Sumner, 
 Wade, Willcinson, Wilson— 22. 
 
 Nays— Messrs, Buckalew, Carlile,Cowiaa, Davis, Harding, 
 Henderson, Johnson, Lane of Indiana, A''esmith, Powell, 
 Riddle, Sauhhury, Sherman, Ten Eyck, Trumbull, Van 
 Winkle, Willey— 17. 
 
 The bill was then passed — yeas 29, nays 8, 
 (Messrs. Buckaletv, Davis, Johnson, Powell, Rid- 
 dle, Saulsbury, Van Winkle, Willey.) 
 
 April 15 — The Senate adopted the report of 
 the Committee of Conference on the Montana 
 bill, which recommended the Senate to recede 
 from their second amendment, and the House 
 to agree to the first and third amendments of the 
 Senate, (including the above.) 
 
 April 15 — Mr. Beaman presented the report 
 of the Committee of Conference on the Montana 
 bill, a feature of which was that the House 
 should recede from its disagreement to the Sen- 
 ate amendment striking out the word " white" 
 
 in the description of those authorized to vote. 
 
 Mr. HoLMAN moved that the report be tabled ; 
 which was lost by the casting vote of the 
 Speaker — yeas 06, nays 66. 
 
 Upon agreeing to the report the yeas were 
 54, nays 85, as follows : 
 
 Yeas — Messrs. Alley, AlUson, Ames, Anderson, Ashley, 
 John D. Baldwin, Baxter, Beaman, Blaine, Boyd, Ambrose 
 W. Clark, Cole, Dawes, Driggs, Dumont, Eckloy, Farns- 
 worth, Frank, Garfield, Gooch, Higby, Hooper, Uotchkisd, 
 John H. Hubbard, Jenckos, Julian, Kelley, Orlando Kel- 
 logg, Loan, Longyoav, Marvin, McCJurg, Mclndoe, Morrill, 
 Daniel Morris, Amo.s BIyers, Leonai-d Myers. Charles O'Neill, 
 Patterson, Porham, Piiio, Price, Alexander U. Rice, John 
 H. Rice, Edward II. Rollins, Shannon, Sloan, Stevens, Up- 
 son, Van Valkenburgh, V.illiam B. Av'ushburu, WUliam.s, 
 Windom, Woodbri<lgo— S4. 
 
 Nays— Messrs. J:mes C. Alhn, William J. Allen, Brily, 
 Augustus C. Baldwin, Francis P. Blair, Bli^s, Brooks, James 
 S. Brown, Clianler, Clay, Cuffroth, Cox, Cravens, Cresvvcll, 
 Henry Winter Davis, Datnsm, Demini:, B.niso.t, Eden. Eld- 
 ridge, Finch, Ganson, Grider, Hall, Harding, BenjamM O. 
 Harris, Herrick, Hulman, Asahel W. Hubbard, Hatcldn:, 
 William Johnson, Kalbfleisch, Kasson, Francis \Y. Kello^'rg, 
 Kernan, Knapp'. Law, Latcar, L in/, Mall:,ry, Man-y, Mc- 
 
 Bride, McDow.n. ,v A".' -. ^v■rr'::t i\ .r;'', ,■, .: ,,.; n. 
 
 Morris, Mon-: ", ' .. .' V< ■,,'.'. ^v i : : .r.ton, 
 
 Pomeroy, 7',-/ .;■ ' ./. . . .: : .ni II. 
 
 Randall, i?o;.,„,: -. /■• , ,r,./ , , . . , „ :,ck, 
 
 Scott, Smith, Smithcrs, S.rhl.:: -, r. : ,-i. O 
 
 Steele, Strouse, Stuart. Sweat. 'J': ' • i. i ! ■ ■ , I'o, >•• 
 
 7teM, Ellihu B. Washburne, V,"i 1 i \i':,ii- 
 tonA. White,Joseph W. Whik, WiIm,.,, ir,,^;, ;-/, I. niandn 
 Wood, Teaman — S5. 
 
 On a motion to adhere to its amendments, 
 and ask another Committee of Conference, Mr. 
 Wi;bster moved instructions : 
 
 And that said committee be instructed to agree to no 
 report that .authorizes any otlier than free white male citi- 
 zens, and those who have declared their intention to be- 
 come such, to vote. 
 
 Which was agreed to — yeas 75, nays 67, as 
 follows : 
 
 Yr.AS — Messrs. James C. Allen, Wm. J. Allen, Baily, Au- 
 gustus C. Baldmn, Francis P. Blair, Bliss, Brooks, James 
 S. Brown, Wm. G. Brown, Chanter, Clay, Coffroth, Cos., 
 Cravens, Creswell, Henry Winter Davis, Bawson, Denison, 
 Eden, Eldridge, Finck, Ganson, GHdcr, Hall, Harding, 
 Benjamin G. Harris, Herrick, Holman, Ilutchins, William 
 Johnson, Kalhfleisch, Kernan, Knapp, Law, Lazear, Long, 
 Mallory, Marcy, McBride, McDowell, McKinney, Wm. H. 
 Milkr, James R. Morris, Morrison, Kelson, Noble, Odell, 
 Pcndhion, Radford, Saniuel J. Randall, ^Vm. H. Randall, 
 Ro'iin.fon, Rogers. James S. Rollins, Ro>!s, Scott, Smith, 
 Smithers, Slebbins, John B. Steele^ Wm. G. Steele, Strouse, 
 Stita)-t, Sweat, Thomas, Tracv, Voorhefs, AVebster, Whaley, 
 Wheder, C/dlton A. White, Joseph iV. White, Winfidd, Fer- 
 nando Wood, Teaman— "ib. 
 
 Nats — Messrs. Alley, Allison, Ames, Anderson, Ashley, 
 Jolin D. Baldwin, Baxter, Beaman, Blaine, Boutwell, Boyd, 
 Eriiomall, Ambrose W. Clark, Cobb, Cole, Dawes, Demiiig, 
 Dng';;s, Dumont, Farnsworth, Frank, Gooch, Grinnell, Hig- 
 by, Hooper, Ilotchkiss, Asahel W. Hubbard, John H. Ilub- 
 biird, Jenckes, Julian, Kelley, Francis W. Kellogg, Orlando 
 Kellogg, Loan, Longyear, Marvin, McClurg, Mclndoe 
 Samuel !■'. Miller, Morrill, Daniel Morris, Leonard Mvers 
 Norton, Charles O'Neill, Orth, Patterson, Pcrham, Pike, 
 Pomeroy, Price, Alexander H. Rico, John H. Rice, Edward 
 H. Rollins, Schenck, Shannon, Sloan, Stevens, Thayer, 
 Upson, A'an Valkenbiirgh, Ellihu B. Washburue, AVilliam 
 B. Washburn, Williams, Wilder, Wilson, Windom, Wood- 
 bridge — 07. 
 
 April 15 — The Senate declined the conference 
 upon the terms proposed by the House resolu- 
 tion of that day. 
 
 April 18 — The House proposed a further free 
 conference, to which, April 25, the Senate 
 acceded. 
 
 May 17 — In Senate, Mr. Morrill submitted a 
 report from the Conference Committee who re- 
 commend that qualified voters shall be : 
 
 All citizens of the United States, and those who have 
 declared their intention to become surh, and who are other- 
 wise described and qualified under the fifth section of th9 
 
AND KINDEED SUBJECTS. 
 
 241 
 
 act of Congress providing for a temporary government for 
 the Territory of Idaho approved March 3, 1S63.* 
 
 The report was concurred in — yeas 26, nays 
 13, as follows : 
 
 Yeas— Messrs. Buclcalew, Ca>-h7«,Conamer, Cowan, X)nv!S, 
 Doolittle, Foot, Foster, Harding, Harris, Henderson, Hm- 
 ti/icA:s, Howard, Johnson, Lane 01 Indiana, Morrill, Nesmith, 
 Powell, Ramsey, Saulsbui-y, Ten Evck, TruuibuU, Van 
 WinUIe, Wade, Wilkinson, Willey— 26. 
 
 Nats— Messrs. Anthony, Chandler, Clark, Dixon, Grimes, 
 Halo, Harlan, Lane of Kansas, Morgan, Pomeroy, Sprague, 
 Sumnir, Wilson — 13. 
 
 Mi^y 20 — The above report was made by Mr. 
 Wkester in the House, and agreed to — yeas 102, 
 nays 26, as follows : 
 
 Yeas — Messrs. James C. Allen, Baily, Beaman, Blaine, 
 Jacob B. Blair, Bliss, Brooks, William G. Brown, Charv- 
 Icr, Cnffroth, Cox, Cravens, Creswell, Thomas T. Davis, 
 Dawson, Donnelly, Driggs, JSdcn, Edgcrton, Eldridge, 
 Farnsworth, Finch; Qridcr, Hale, Hall, Harding, Har- 
 ringtim,Chorks M. Harris, Hai-icK: Holm/in,}ioopQT.Ilotch- 
 kiss, Athahel W. Hubbard, HiitcJiins, Ingsrsoll, Win. John- 
 son, Kalbjkisck, KASSon, Francis W. Kellogg, ^<;rnari, King, 
 Law, Lazear, Long, Longyear, Mallory, ilarcy, McAllister, 
 MoBride, McDoiuell, Mclndoe, McKinney, Samuel F. Mil- 
 ler, James R. Morris, Morrison, Amos Mvers, Helsim, Nohle, 
 Norton, Charles O'Neill, John O'Neill, Orth, Pendleton, Per- 
 ham, Pike, Pomeroy, Pruyn, Radford, S. J. Randall, Wm. 
 H. Randall, Alexander II. Rice, John H. Rice, Robinson, 
 James S. Rollins, Ross, Scoficld, ^cott, Shannon, Sloan, Smith, 
 .^luithers, John B. Steele, Wm. 6. Steele, Stiles, Strouse, 
 Stuart, Sweat, Thayer. Tracy, Upson, Van Valkenburgh, 
 Voorhees, Ellihu B. Washburne, William B. Washburn, 
 VCebster, Whaley, Wheeler, Wilson, Windom, Fernando 
 Wood, Woodbridge, Teaman — 102. 
 
 N.\YS — Messrs. Alley, Allison, Ames, John D. Baldwin, 
 Boutweil, Ambrose W. Clark, Cobb, Cole, D.awes, Dixon, 
 Eliot, Gooch, Griiinell, Higby, John H. Ilubb.ard, Julian, 
 Kelley, Orlando Kellogsj, Loan, Moorhead, Morrill, Price, 
 Edward H. Rollins, Spalding, Stevens, Wilder— 26. 
 
 IN WASHINGTON CITY.f 
 
 18G4, May 6— The Senate considered the bill 
 for the registration of voters in the city of 
 Washington, when 
 
 Mr. Cowan moved to insert the word "white" 
 in the first section, so as to confine the right of 
 voting to white male citizens. 
 
 May 12 — Mr. Morrill moved to amend the 
 amendment by striking out the words — 
 
 And shall have paid all school taxes and all taxes on 
 personal property properly assessed against him, shall be 
 entitled to vote for mayor, collector, register, members of 
 the board of a^flermen and board of common council, and 
 assessor, and for every officer authorized to be elected at 
 any election under any act or acts to which this is amend- 
 atory or supplementary. 
 
 * This section is as follows : 
 
 Sec. 5. And be it further enacted. That every free white 
 male inhabitant above the age of twenty-one years, who 
 shall have been an actual resident of said Territory at the 
 time of the passage of this act, shall be entitled to vote at 
 the first election, and shall be eligible to any office within 
 tliu said Territory ; but the qualifications of voters, and of 
 holding office, at all subsequent elections, shall bo such as 
 shall be prescribed by the Legislative Assembly. 
 
 t In 1860 a vote was had in the State of New York on a 
 proposition to permit negro suffrage without a property 
 qualification. The result in the city was — yeas l,6iO, nays 
 ^7,-171. In the State— yeas 197,503, nays 337,984. In 1864 
 a like proposition was defeated — yeas 85,406, nays 224,.S30. 
 
 In 1SG2, in August, a vote was had in the State of Illinois, 
 on several propositions relating to negroes and mulattoes, 
 with this result : 
 
 For excluding them from the State 171,893 
 
 Against 71,306 
 
 100,587 
 
 Against gr.mting them sufTrago or right to 
 
 office 211,920 
 
 For 35,649 
 
 176,271 
 
 For the enactment of laws to prohibit them 
 
 from going to, or voting in, the State 198,938 
 
 Against 44,414 
 
 154,524 
 
 and inserting the words — 
 
 And shall within the year next preceding the election 
 have paid a tax, or been assessed with a part of the revenue 
 of the District, county, or cities therein, or been exempt 
 from taxation having taxable estate, and who can read and 
 write with facility, shall enjoy the privileges of an elector. 
 
 May 26 — Mr. Sumner moved to amend the 
 bill by adding this proviso : 
 
 Provided. That there shall be no exclusion of any person 
 from the registry on account of color. 
 
 May 21 — Mr. Harlan moved to amend the 
 amendment by making the word " person" read 
 " persons," and adding the words — 
 
 Who have borne arms in the military service of the 
 United States, and have been honorably discharged there- 
 from. 
 
 Which was agreed to — yeas 26, nays 12, as 
 follows : 
 
 Yeas — Messrs. Anthony, Chandler, Clark, Collamer 
 Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, 
 Harlan, Harris, Johnson, Lane of Indiana, Lane of Kansas, 
 Morgan, Morrill, Pomeroy, Ramsey, Sherman, Ten Eyck> 
 Trumbull, Wade, Willey, Wilson— 26. 
 
 Nays — Messrs. Buckalew, Carlile, Cowan, Davis, Hen- 
 dricks, McDougaU, Powell, Richardson, Saulsbury, Sumner, 
 Van Winkle, Wilkinson— 12. 
 
 May 28 — Mr. Sumner moved to add these 
 words to the last proviso : 
 
 And provided further, That all persons, without distinc- 
 tion of color, who shall, within the year next preceding 
 the election, have paid a tax on any estate, or been as- 
 sessed with a part of the revenue of said District, or been 
 exempt from taxation having taxable estate, and who can 
 read and write with facility, shall enjoy the privilege of an 
 elector. But no person now entitled to vote in the Said 
 District, continuing to reside therein, shall be disfranchised 
 hereby. 
 
 Which was rejected — yeas 8, nays 2^, as fol- 
 lows : 
 
 Yeas — Messrs. Anthony, Clark, Lane of Kansas, Morgan, 
 Pomeroy, Ramsey, Sumner, Wilkinson — 8. 
 
 Nays — Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, 
 DLKon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Har- 
 ris, Hendricks, Hicks, Johnson, Lane of Indiana, McDougaU, 
 Morrill, Powell, SauUbury, Sherman, Ten Eyck, Trumbull, 
 Van Winkle, Willey, Wilson— 27. 
 
 The Other proposition of Mr. Sumner, amend- 
 ed on motion of Mr. Harlan, was then rejected 
 — yeas 18, nays 20, as follows : 
 
 Yeas — Messrs. Anthony, Chandler, Clark, Dixon, Foot, 
 Foster, Hale, Harlan, Howard, Howe, Lane of Kansas, Mor- 
 gan, Pomeroy, Ramsey, Sherman, Sumner, Wilkinson, Wil- 
 son — 18. 
 
 Nays — Messrs. Buckalew, Carlile, Cowan, Davis, Grimes, 
 Harris, Hendricks, Hicks, Johnson, Lane of Indiana, Mc- 
 DougaU, Morrill, Nesmith, Powell, Richardson, Saulsbury, 
 Ten Eyck, Trumbull, Van AVinkle, Willey— 20. 
 
 The bill then passed the Senate, and after- 
 ward the House, without amendment. 
 
 EXCLUDING COLORED PERSONS FROM CARS. 
 
 Third Session, Thirty-Seventh Congress. 
 
 IN SENATE. 
 1863, February 27 — Pending a supplement to 
 the charter of the Washington and Alexandria 
 Railroad Company, 
 
 Mr. Sumner offered this proviso to the first 
 section : 
 
 That no person shall be excluded from the cars on account 
 of color. 
 
 Which was agreed to — yeas 19, nays 18, as 
 follows : 
 
 Yeas— Messrs. Arnold, Chandler, Clark, Fessenden, Foot, 
 
 Grimes, Harris, Howard, King, Lane of Kansa.'^. Jlorrill, 
 
 Pomeroy, Sumner, Ten Eyck, Trumbull, Wade, M ilkinson, 
 
 ^V"ilmot, Wilson of Massachusetts — 19. 
 
 Nays— Messrs. Anthony, Bayard, Carlile^ Cowan, Davis, 
 
242 
 
 REPEAL OF THE FUGITIVE SLAVE LAWS, 
 
 Henderson, Hicks, Howe, Kennedy, Lane of Indiana, La- 
 tJiam, McDoitriall, Powell, Richardson, Saulsbury, Turpie, 
 Willey, nUson of Missouii— 18. 
 
 March 2 — The House concurred in the amend- 
 ment without debate, under the previous ques- 
 tion. 
 
 First Session, Thirty-Eighth Congress. 
 
 IN SENATE. 
 1864, February 10 — Mr. Sumner offered the 
 following: 
 
 Resolved, That the Committee on the District of Colimi- 
 bia be directed to consider the expediency of further pro- 
 viding by law against the exclusion of colored persons from 
 the equal enjoyment of all railroad privileges in the Dis- 
 trict of Columbia^ 
 
 Which was agreed to — ^yeas 30, nays 10, as 
 follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, CoUa- 
 mer, Conness, Cowan, Dixon, Fessenden, Foot, Foster, 
 Grimes, Hale, Harlan, Harris, Howard, Howe, Lane of Kan- 
 sas, Morgan, Morrill, Ponieroy, Ramsey, Sherman, Sprague, 
 Somner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilson 
 —30. 
 
 Nats— Messrs. Buckalew, Davis, Harding, Hendricks, 
 Nesmilh, Powell, Richardson, Riddle, iSaulsbury, Van Win- 
 kle— 10. 
 
 February 24— Mr. Willey, from the Commit- 
 tee on the District of Columbia, made this re- 
 port, and the committee were discharged: 
 
 The Committee on the District of Columbia, who were 
 required by resolution of the Senate, passed February 8, 
 18(>1, '• to consider the expediency of further providing by 
 law against the exclusion of colored persons from the equal 
 enjoyment of all railroad privileges in the District of Co- 
 lumbia," have had the matter thus referred to them under 
 consideration, and beg leave to report : 
 
 The act entitled " An act to incorporate the Washington 
 and Georgetown Railroad Company," approved May 17, 
 1.SG2, makes no distinction as to passengers over said road 
 on account of the color of the passenger, and that in the 
 opinion of the committee colored persons are entitled to all 
 the privileges of said road which other persons have, and to 
 all the remedies for any denial or breach of such privileges 
 which belong: to any person. 
 
 The committee therefore ask to be discharged from the 
 further consideration of the premises. 
 
 March 17 — The Senate considered the bill to 
 incorporate the Metropolitan Railroad Com- 
 pany, in the District of Columbia, the pending 
 question being an amendment, otfered by Mr. 
 Sumner, to add to the fourteenth section the 
 words : 
 
 Provided, That there shall be no regulation excluding 
 any person from any car on account of color. 
 
 Which was agreed to — yeas 19, nays 17, as 
 follows : 
 
 Yeas — Messrs. Anthony, Brown, Clark, Conness, Fessen- 
 den, Foot, Foster, Grimes, Hiurlan, Howe, Lane of Kansas, 
 Morgan, Morrill, Pomeroy, Ramsey, Sumner, Wade, Wilkin- 
 son, Wilson — 19. 
 
 Nays- Messrs. Buckalew, Carlile, Davis, Doolittle, Hard- 
 ing, Harris, Hendricks, Johnson, Lane of Indiana, Powell, 
 Riddle, Saidsburi/, Sherman, Ten Eyck, Trumbull, Van 
 Winkle, Willey— 17. 
 
 The bill then passed the Senate. 
 
 June 19 — The House refused to strike out the 
 proviso last adopted in the Senate — yeas 62, 
 nays 76, as follows : 
 
 Yeas — Messrs. James C. Allen, William J. Allen, Ancona, 
 Daily, Augustus C. Baldwin, Blair, Bliss, Brooks, James S. 
 Brown, William G. Brown, Chanter, Coffroth, Cravens, Daw- 
 son, Denison, Eden, Edgerton, Eldridge, Finck, Ganson, 
 Gridcr, Griswold, Harding, Charles M. Harris, Holman, 
 Hutchins, Philip Johnson, William Johnson, Keman, Knapp, 
 Law, Lazear, Le Blond, Long, Mallory, Marcy, McDowell, 
 JUcKinney, Middleton, Wm. H. Miller, JaTnes R. Morris, 
 Morrison, Nelson, NobU, Pendleton, Perry, Prui/n, Radford, 
 Samuel J. Randall, J. S. Rollins. Ross, Scott, John B. Steele, 
 Stiles, Sticart.ThoniAs, Wadsworth, Ward, Whaley, Wheeler, 
 Joseph W. While >Fm/u;W— 62. 
 
 Nats — Messrs. Alley, Ames, Anderson, Arnold, Ashley, 
 John D. Baldwin, Baxter, Beaman, Blaine, Boutwell, Boyd, 
 Brandegee, Broomall, Ambrose W. Clark, Freeman Clarke, 
 Cobb, Cole, Dawes, Deming, Dixon, Driggs, Ecldey, Eliot, 
 Farnsworth, Fenton, Frank, Garfield, Gooch, Iligby, Hooper, 
 Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Hulburd, 
 Ingersoll, Julian, Kelley, Orlando Kellogg, Knox, Loan, 
 Longyear, Marvin, McClurg, Mclndoe, Samuel F. Miller, 
 Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard 
 Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, 
 Pike, Pomeroy, Price, Alexander H. Rice, John H. Rice, 
 Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, 
 Smithers, Stevens, Thayer, Upson, Ellihu B. Washburne, 
 William B. Washburn, Williams, WUder, Wilson, Windom, 
 AVoodbridge — 76. 
 
 And the bill passed the House and was ap- 
 proved by the President 
 
 IN SENATE. 
 June 21 — On a supplement to the charter of 
 the Washington and Georgetown Railroad Com- 
 pany, in Committee of the Whole, Mr. Sumner 
 moved to insert : 
 
 Provided, That there shall benoexclusionof any person 
 from any car on account of color. 
 
 Which was rejected — yeas 14, nays 16, as 
 follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, Colla- 
 mer, Conness, Dixon, Foot, Howard, Morgan, Pomeroy, 
 Sumner, Wade, Wilson — 14. 
 
 Nays— Buckalet'j, Carlile, Cowan, Davis, Foster, Grimes, 
 i?cnrfr(c/i-s, Johnson, Lane of Indiana, Powell, Riddle, Sauls- 
 bury, Sherman, Ten Eyck, Trumbull, Willey— 16. 
 
 Same day, in the Senate, Mr. Sumner renewed 
 the amendment, which was agreed to — yeas 17, 
 nays 16 : 
 
 Yeas — Messrs. Brown, Clark, Conness, Dixon, Foot, Hale, 
 Harlan, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, 
 Ramsey, Sprague, Sumner, Wade, Wilson — 17. 
 
 Nays — Mwars. Buckaleiu, CaWiVe, Cowan, Doolittle, Foster, 
 Grimes, Johnson, Lane of Indiana, Powell, Riddle, Sauls- 
 burij, Sherman, Ten Eyck, Trumbull, Van Winkle, Wil- 
 ley— 16. 
 
 The bill then passed the Senate — yeas 23, 
 nays 8, {Messrs. Buckalew, Carlile, Cowan, Hale, 
 Lane of Indiana, Powell, Riddle, Saulsbury.) 
 
 June 29 — The bill fell, the House having 
 tabled the report of the Committee of Confer- 
 ence on the disagreeing votes of the two Houses 
 on it. 
 
 COLORED PEESONS AS WITNESSES. (See App.) 
 
 Second Session, Thirty-Seventh Congress. 
 IN SENATE. 
 Pending the confiscation bill, June 28, 1862, 
 Mr. SuMNEB moved these words as an addi- 
 tion to the 14th section : 
 
 And in all proceedings under this act there shall be no 
 exclusion of any witness on account of color. 
 
 Which was rejected — yeas 14, nays 25, as fol- 
 lows : 
 
 Yeas — Messrs. Chandler, Grimes, Harlan, Howard, King, 
 Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wade, 
 Wilkinson, Wilmot — 14. 
 
 Nays — Messrs. Anthony, Browning, Carlile, Clark, Colla- 
 mer. Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Fos- 
 ter, Harris, Henderson, Lane of Indiana, Nesmith, Pearre, 
 Powell, Sherman, Simmons, Stark, Ton Eyck, Willey, Wil- 
 son of Missouri, Wright — 25. 
 
 Pending the consideration of the supplement 
 to the emancipation bill for the District of Co- 
 lumbia, 
 
 1862, July 7 — Mr. Sumner moved a new sec- 
 tion : 
 
 That in all the judicial proceedings in the District of Co- 
 lumbia there shall be no exclusion of auy witness on ac- 
 count of color. 
 
AND KINDRED SUBJECTS. 
 
 243 
 
 Which was adopted — yeas 25, nays 11, as 
 follows : 
 
 Yeas— Messrs. Anthony, Chandler, Clark, Collamer, Doo- 
 little, Fessenden, Foot, Foster, Grimes, Hale, Ilarlan, 
 Harris, Howe, King, Lane of Kansas, Morrill, Sherman, 
 Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, 
 Wilmot, Wilson of Massachusetts — 25. 
 
 Nats— Messrs. Browning, Carlile, Cowan, Dm'is, Hendor- 
 Bon, Kenned;/, McDougall, "Fowdl, Rice, Willey, Wright— W. 
 
 The bill then passed— yeas 29, nays 6, 
 (iJessrs. Carlile, Davis, Kennedy^ Powell, Wilson, 
 of Missouri, Wright.) 
 
 July 9— The bill passed the House — yeas 69, 
 navs 36. There was no separate vote on the 
 above proposition. The nays were : 
 
 Nats — Messrs. William Allen, Ancona, Baity, Biddle, 
 Jacob C. Blair, Clements, Cobb, Corning, Cox, Crisfidd, 
 Dunlai), E!:,/h\h, FovJce, Gridcr, Harding, Knapp, Law, 
 Lazea'r. Malhrtj, Maynard, Menzies, Morris, JVugen, Pendle- 
 trm, Pen-'i. Richardson, James S. Rollins, Shid,John B. 
 Steele, Wdliam G. Steele, Stiles, Francis Thomas, Vooi-hees, 
 Ward, Webster, Wood— 36. 
 
 Pending the consideration in the Senate of 
 the House bill in relation to the competency of 
 witnesses in trials of equity and admiralty, 
 
 1862, July 15 — Mr Sumner offered this pro- 
 viso to the lirst section : 
 
 Provided, That there shall be no exclusion of any wit- 
 ness on account of color. 
 
 Which was rejected — ^yeas 14, nays 23, as fol- 
 lows : 
 
 Yeas— Messrs. Chandler, Grimes, Harlan, Howard, Howe, 
 King, Lane of Kansas, Pomeroy, Rice, Sumner, Wade, Wil- 
 kinson, Wilmot, Wilson of Massachusetts — 14. 
 
 Nats — Messrs. Anthony, Sayarrf, Browning, Clark,Cowan, 
 Davis, Doolittle, Foster, Hale, Harris, Henderson, Kennedy, 
 Lane of Indiana, Powell, Saulsbury, Sherman, Simmons, 
 Starl; Ten Eyck, Trumbull, WUley, Wilson of Missomi, 
 Wright— 23. 
 
 First Session, Thirty-Eighth Congress. 
 
 1864, June 25 — Pending the civil appropria- 
 tion bill, in Committee of the Whole, Mr. Sum- 
 ner offered this proviso: 
 
 Provided, That in the courts of the United States there 
 shall be no exclusion of any witness on account of color. 
 
 Mr BucKALEW moved to add : 
 
 Nor in civil actions because he is a party to or interested 
 in the issue tried. 
 
 Which was agreed to ; and the amendment as 
 amended was agreed to— yeas 22, nays 16, as 
 follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, Colla- 
 mer, Conness, Foot, Foster, Grimes, Hale, Harlan, Howard. 
 Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Spraguej 
 Sumner, Wade, Wilkinson, Wilson — 22. 
 
 Nats — Messrs. Buckalew, Carlile, Cowan, Davis, Harris, 
 Hendricks, Hicks, Johnson, JVesmilh, Powell, Richardson, 
 Saulsbury, Sherman, Trumbull, Van Winkle, Willey — 16. 
 
 The Senate subsequently concurred in this 
 amendment — yeas 29, nays 10, as follows: 
 
 YE.4.S — Messrs. Anthony, Brown, Chandler, Clark, Conness, 
 Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, 
 Harlan, Harris, Howard, Howe, Lane of Indiana, Lane of 
 Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman,* 
 Sprague, Sumner, Ten Eyck, Wade, Wilkinson, Wilson 
 —29. 
 
 Nats — Messrs. Buckalew, Carlile, Hendricks, Hicks, iV«- 
 mith, Powell, Satdsbur;/, Trumbull, Yaa Winkle, Willey 
 —10. 
 
 * Before this vote was taken, Mr. Sherman said : 
 " It is due to myself to say in explanation that I voted 
 against and opposed this amendment for the solo ground, 
 as I stated, that it ought not to be put upon this bill. That 
 is my deliberate conviction yet; but as the Senate have by 
 a majority vote decided to put the amendment on the bill 
 in spite of my remonstrances and resistance, I feel bound 
 now to vote according to my conviction on the merits of 
 the proposition." 
 
 IN HOUSE. 
 
 June 29 — The question being on agreeing to 
 the amendment, 
 
 Mr. Mallory moved to add this proviso to 
 the section amended in the Senate: 
 
 Provided, That negro testimony shall only bo taken in 
 the United States courts in those States the laws of which 
 authorize such testimony. 
 
 Vv'hich was rejected — yeas 47, nays 66. 
 
 The amendment of the Senate was then 
 agreed to — yeas 68, nays 48, as follows : 
 
 Yeas — Messrs. Allison, Ames, Arnold, Ashley, Baily, 
 John D. Baldwin, Beaman, Boutwell, Boyd, Broomall, 
 Cobb, Cole, Thomas T. Davis, Dawes, Doming, Dixon, Don- 
 nelly, Driggs, Eckley, Eliot, Fariisworth, Fenton, Frank, 
 Garfleld, Gooch, Higby, Hooper, Hotchkiss, Hulburd, In- 
 gersoU, Jenckes, Julian, F. W. Kellogg, Orlando Kellogg, 
 Knox, Littlejohn, Loan, Longyear, McBride, McClurg, 
 Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard 
 Myers, Norton, Charles Neill, Patterson, Perham, Alex- 
 ander H. Rice, John H. Rice, Edward H. Rollins, Schenck, 
 Scofield, Shannon, Sloan, Smithers, Spalding, Stevens, 
 Thayer, Upson, Van Valkenburgh, ElUhu B. Washburue, 
 William B. Washburn, Williams, Wilder, Wilson, Win- 
 dom— 68. 
 
 Nats — Messrs. William J. Allen, Ancona, Augustus C. 
 Baldivin, Blair, Bliss, Brooks, William 6. Brown, Chanter, 
 Coffroth, Dawson, Denison, £den, Edgerton, Eldridge, Pinch, 
 Harding, Benjamin G. Harris, Charles M. Harris, Herrick, 
 Holman, William Johnson, Knapp, Le Blond, Mallory, Mar- 
 c'j, James R. Morris, Morrison, Noble, John O'Neill, Pen- 
 dleton, Perry, Samuel J. Randall, Robinson, Ross, John B. 
 Steele, William G. Steele, Stiles, Strmise, Stuart, Thomas, 
 Tracy, Wadsworth, Ward, Webster, Whaley, Wheeler, Chil- 
 ton A. White, Joseph W. White— 48. 
 
 REPEAL OF LAWS REGULATING THE COASTWISE 
 SLAVE TRADE. 
 
 First Session, Thirty-Eighth Congress. 
 
 1864, June 25 — Mr. Sumxer offered this ad- 
 ditional section, the Senate sitting as in Com- 
 mittee of the Whole, pending the considera- 
 tion of the civil bill: 
 
 And be it further enacted, That sections eight and nine 
 of the act entitled " An act to prohibit the importation of 
 slaves into any port or place within the jurisdiction of the 
 United States from and after the 1st day of January, in the 
 year of our Lord 1S08," which sections undertake to regu- 
 late the coastwise slave trade, are hereby repealed, and the 
 coastwise slave trade prohibited forever. 
 
 Which was rejected — yeas 13, nays 20, as 
 follows : 
 
 Yeas— Messrs. Conness, Grimes, Harlan, Howard, Lane 
 of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, 
 Sumner, Wade, Wilson— 13. 
 
 Nats — Messrs. Buckalew, Carlile, Clark, Collamer, Cowan, 
 Davis, Harris, Hendricks, Hicks, Howe, Johnson, McDou- 
 qall, Nesmith, Powell, Richardson, Riddle, Saulsbuiy, 
 Sherman, Trumbull, Van Winkle— 20. 
 
 Same day, in open Senate, 
 
 Mr. Sumner renewed the amendment, which 
 was agreed to — yeas 23, nays 14, as follows : 
 
 Yeas — Messrs. Anthonj', Brown, Chandler, Conness, 
 Dixon, Doolittle,* Fessenden, Foot, Harlan, Harris, Howard, 
 Howe, Lane of Kansas, Morgan, Morrill, Pomerov, Sprague, 
 Sumner, Ten Eyck, Wade, Wilkinson, Wilson— 23. 
 
 Nats — Messrs. Buckalew, Carlile, Clark, Hendricks, 
 Hicks, Johnson, Lane of Indiana, Nesmith, Potoell, Rich- 
 ardson, SaulsbuTy, Sherman, Trumbull, Van Winkle, Wil- 
 ley— 14. 
 
 The bill passed the Senate — yeas 32, nays 4, 
 (Messrs. Carlile, Hendricks, Powell, Saulsbury.) 
 
 June 29 — The House agreed to the amend- 
 ment without a division, after a brief debate. 
 
 * Before the vote was taken, Mr. Doolittle said : 
 "I voted against this amendment before on the ground 
 that I did not like to vote for such measures on appropria- 
 tion 1 ills; but two or three others have been put on, and if 
 this is to be legislated upon, as I am in favor of the aboli- 
 tion of the coastwise slave trade, I shall vote in the aflSr- 
 mative." 
 
244 
 
 REPEAL OP THE FUGITIVE SLAVE LAWS, 
 
 T. W. HIGGINSON S PARTICIPATION IN THE BURNS 
 CASE. 
 
 1864, March 14 — Mr. Davis offered this res- 
 olution : 
 
 Whereas in the history of the attempt to rescue Anthony 
 Burns, a fugitive slave from the State of Virginia, from the 
 custody of the United States officers in Boston, in 1854, it is 
 represented, and it is also generally reported, that T. W. 
 Iligp-inson, now the colonel of a regiment of negro troops in 
 the service of the United States, led, or was engaged in, an 
 assault made by a body of men, with force and arms, upon 
 the court-house in Boston, whore the said Anthony Burns 
 was held in the custody of the law and officers of the United 
 St:ites, with the intent" and purpose of forcibly rescuing him 
 from such custody; and whereas it is represented and gen- 
 orally reported that a citizen of the United States, then hav- 
 ing the custody of said Burns, was killed and murdered by 
 said assailants : Therefore, be it 
 
 Resolved, That the president of the Senate appoint a com- 
 mittee of three members of the Senate to investigate whether 
 the said T. W. Higginson had any connection, and if any, 
 what, with the said attempt to rescue the said Burns, and 
 with the killing and murdering of any person having his 
 custody, and that said committee have power to Bend for 
 persons and papers. 
 
 March 17 — Mr. Trumbull moved to table it ; 
 which was agreed to — yeas 29, nays 10, as fol- 
 lows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Collamer, Dix- 
 on, Doolittle, Fessenden, Foot. Foster, Grimes, Harding, Hai-- 
 lan, Howard, Howe, Lane of Indiana, Lane of Kansas, Mor- 
 gan, Morrill, Pomeroy, Ramsey, Sherman, Sprague, Sumner, 
 Ten Eyck, Trumbull, Van Winkle, Willdnson, Willey, Wil- 
 son — 29. 
 
 Nats — ?Iessrs. BucTcalew, CarKle, Conness, Davis, Hen, 
 driclcs, Johnson, McDougall, Powell, Riddle, Saulshury — 10. 
 
 COLORED SCHOOLS. 
 
 June 8 — The House passed a bill to provide 
 for the public instruction of youth in Washing- 
 ton city, with an amendment providing for 
 separate schools for the colored children, by 
 Betting apart such a proportion of the entire 
 school fund as the number of colored children 
 between the ages of six and seventeen bear to 
 the whole number of children in the District. 
 The bill, with amendments, passed both Houses 
 without a division. 
 
 I/Eilitary Reports, Orders, and Proc- 
 lamations. 
 
 MA.JOR GENERAL M'CLELLAN's PROCLAMATION IN 
 WESTERN VIRGINIA. 
 
 Headquarteks Department op Ohio, 
 Cincinnati, May 26, 1861. 
 To the Vnion men of Western Virginia : 
 
 Virginians: The General Government has long enough 
 endured the machinations of a few foctious rebels in your 
 midst. Armed traitors have in vain endeavored to deter 
 you from expressing your loyalty at the polls. Having 
 ihiled in tliis infiimous attempt to deprive you of the exer- 
 ci-^o of your dearest rights, they now seek to inaugurate a 
 reign of terror, and thus force you to yield to their schemes 
 and submit to the yoke of the traitorous conspiracy digni- 
 fied by the name of the Southern Confederacy. They are 
 destrojing the property of citizens of your State and ruin- 
 ing your magnificent railways. 
 
 The General Government has heretofore carefully ab- 
 stained from sending troops across the Ohio, or even from 
 posting them along its banks, although frequently urged 
 by many of your prominent citizens to do so. It determ- 
 ined to wait the result of the State election, desirous that 
 no one might be able to say that the slightest effort had been 
 made from this side to influence the free expression of your 
 opinions, although the many agencies brought to bear upon 
 you by tlic rebels were well known. You have now shown, 
 under the most adverse circumstances, that the great mass 
 of the people of Western Virginia are true and loyal to that 
 beneficent Government under which we and our fathers 
 lived so long. 
 
 As soon as the result of the election was known the trai- 
 tors commenced their work of destruction. The General 
 
 Government cannot close its ears to the demand you have 
 made for assistance. I have ordered troops to cross the 
 river. They come as your friends and brothers — as enemies 
 only to armed rebels, who are preying upon you; your 
 homes, your families, and your property are safe under our 
 protection. All your rights shall be religiously respected, 
 notwithstanding all that has been said by the traitors to 
 induce you to believe our advent among you will be signal- 
 ized by an interference with your slaves. Understand one 
 thing clearly : not only will we abstain from all such inter- 
 ference, but we will, on the contrary, with an iron hand 
 crush any attempt at insurrection on their part. Now that 
 we are in your midst, I call upon you to fly to arms and Sup- 
 port the General Government ; sever the connection that 
 binds you to traitors; proclaim to the world that the 
 faith and loyalty so long boasted by the Old Dominion are 
 still preserved in Western Virginia, and that you remain 
 true to the stars and stripes. 
 
 G. B. McCLELLAN, 
 Major General Commanding. 
 
 MAJOR GENERAL ROBERT PATTERSON'S PROCLAMA- 
 TION. 
 
 Headquarters Department of Pennsylvania. 
 
 Chambersbhrg, Pa., June 3, 1861. 
 To the United States Troops of this Department : 
 
 The restraint which has necessarily been imposed upon 
 you, impatient to overcome those who have raised their 
 parricidal hands against our country, is about to be re- 
 moved. You will soon meet the insurgents. 
 
 You are not the aggressors. A turbulent faction, misled 
 by ambitions rulers, in times of profound peace and national 
 prosperity, have occupied your forts and turned the guns 
 against you ; have seized your arsenals and armories, and 
 appropriated to themselves Government supplies; have ar- 
 rested and held as prisoners your companions marching to 
 their homes under State pledge of security, and have cap- 
 tured vessels and provisions voluntarily assured by State 
 legislation from molestation, and now seek to perpetuate a 
 reign of terror over loyal citizens. 
 
 They have invaded a loyal ttate, and entrenched them- 
 selves within its boundaries in defiance of its constituted 
 authorities. 
 
 You are going on American soil to sustain the civil power, 
 to relieve the oppressed, and to retake that which is un- 
 lawfully held. 
 
 You must bear in mind you are going for the good of the 
 whole country, and that, while it is your duty to punish 
 sedition, you must protect the \oy»\, and, should the occa- 
 sion offer, at once svppress servile insurrection. 
 
 f:^uccess will crown your efforts; a grateful country and 
 a happy people will reward you. 
 
 By order of Major General Patterson : 
 
 F. J. PORTER, Asst. Adj. General. 
 
 SECRETARY CAMERON'S LETTER TO GEN. BUTLER. 
 
 Washington, May 30, 1861. 
 
 Sni: Your action in respect to the negroes who came 
 within your lines from the service of the rebels is approved. 
 The Department is sensible of the embarrassments which 
 must surround officers conducting military operations in a 
 State by the laws of which slavery is sanctioned. The Gov- 
 ernment cannot recognize the rejection by any State of tho 
 Federal obligations, nor can it refuse the performance of 
 the Federal obligations resting upon itself. Among these 
 Federal obligations, however, none can bo moro important 
 than that of suppressing and dispersing armed combina- 
 tions formed for the purpose of overthrowing its whole 
 constitutional authority. While, therefore, you will per- 
 mit no interference by the persons under j'our command 
 with the relations of persons held to service under the laws 
 of any State, you will, on the other hand, so long a.s any State 
 within which your military operations are conducted is under 
 the control of such armed combinations, refrain from sur- 
 rendering to alleged masters any persons who may come 
 within your lines. You will employ such persons in the 
 services to which they may be best adapted, keeping an ac- 
 count of the labor by them performed, of the value of it, 
 and the expenses of their maintenance. The question of 
 their final disposition will be reserved for future deter- 
 mination. 
 
 SIMON CAMERON. 
 
 Secretary of War. 
 
 To Major General Bdtler. 
 
 M.UOR general butler to lieutenant general SCOTT. 
 
 Headquarters Department op Virginia, 
 J/ay 27,1801. 
 * * Since I wrote my last despatch the question in 
 regard to slave property is becoming one of very serious 
 magnitude. The inhabitants of Virginia are using their 
 
AND KINDRED SUBJECTS. 
 
 245 
 
 negroes In the batteries, and are preparing to eenil the wo- 
 men and children south. The escapes Irom them are very 
 Eumeroiis. and a ^qu:ld has come in tliis morning to my 
 pickets bringing their women and children. Of courfe 
 these cannot be dealt with upon the theory on which I de- 
 signed to treat the services of able-bodied men and women 
 who might come within my lines, and of which I gave you 
 a detailed account in my last despatch. lam in the ut- 
 most doubt what to do with this species of property. Up 
 to this time I have had come within my lines men and wo- 
 men with their children, entire families, each family be- 
 longing to thf> same owner. I have, therefore, determmed 
 to employ, as 1 can do very profitably, the able-bodied per- 
 sons in the party, issuing proper fciod for the support Of 
 all, andehargin-airainst their serv.ces tho expense of care 
 and sustenance of the uon-laborers, keeping a strict and ac- 
 curate account as well of tho sorwci'S as of the e.\pendi- 
 ture, having the worth of the services and the cost of the 
 expenditure determined by a board of survey, to be here- 
 after detailed. I l<now of no other manner in which to 
 dispose of this subject and tho questions connected there- 
 with. As a matter of property to the insurgents, it will 
 be of very groat moment, tho number that I now have 
 amountii g. as I am informed, to what, in good times, 
 wnuld be of the value of sixty thousand dollars. Twelve 
 of these negroes, I am informed, have escaped from the 
 batteries on Sewalls Point, which, this morning, fired 
 upon my expedition as it passed by out of range. Asa 
 means of offence therefore in the enemy's hands, these 
 negroes, when able-bodied, are of the last importance 
 Without them the batteries could not have been erected, 
 at least for many weeks. As a military question, it would 
 Beem to be a measure of necessity to deprive their masters 
 of their services. How can this be done? As a political 
 question and a question of humanity, can I receive the 
 services of a father and mother, and not take the children 1 
 Of the humanitarian aspect I have no doubt. Of the po- 
 litical one I have no right to judge. I therefore submit 
 all this to your better judgment, and as the questions have 
 a political aspect, 1 have ventured, and I trust I am not 
 wrong in so doing, to duplicate the parts of my despatch 
 relating to this subject, and forward them to the Secretary 
 of War. ****** 
 Very respectfully, your obedient servant, 
 
 B. i\ BUTLER. 
 Lieutenant General ScoiT. 
 
 SECRETARY CAMERON'S REPLY TO GEN. BUTLER. 
 
 Washington, Atcgttst 8, 1861. 
 
 General : The important question of the proper disposi- 
 tion to be made of fugitives from service in States in insur- 
 rection against the Federal Government, to which you have 
 again directed my attention in your letter of July SO, has 
 received my most attentive consideration. 
 
 It is the desire of the President that all existing rights, 
 in all the States, be fully respected and maintained. The 
 war now prosecuted on the part of the Federal Govern- 
 ment is a war lor the Union, and for the preservation of all 
 constitutional ri;.'hts of States, and the citizens of the 
 States, in thf Union. Hence no question can arise as to 
 fugitives from service within the States and Territories in 
 which the authority of the Union is fully acknowledged. 
 The ordinary forms of judicial proceeding, which must be 
 respected by miiitary and civil authorities alike, vdU suffice 
 for the enforcement of all legal claims. But in States 
 wholly or partially under insiurectionary control, where 
 the laws of the United States are so far opposed and resisted 
 that they cannot be effectually enforced, it is obvious that 
 rights dependent on the execution of those laws must, tem- 
 porarily, fail ; and it is equally obvious that rights depend- 
 ent on the laws of the States within which military opera- 
 tions are conducted must be necessarily subordinated to the 
 military exigencies created by the insurrection, if not 
 wholly forfeited by the treasonable conduct of parties claim- 
 ing them. To this general rule rights to services can form 
 no exception. 
 
 The act of Congress approved August 6, 1861, declares 
 that if persons held to service shall be employed iu hostility 
 to the United States, the right to their services shall be 
 forfeited, and such persons shall be cUscharged therefrom. 
 It follows of necessity that no claim can be recognized by 
 the military authorities of the Union to the services of 
 such persons when fugitives. 
 
 A more difficult question is presented in respect to per- 
 sons escaping from the service of loyal masters. It is quite 
 apparent that the laws of the State, under which only the 
 services of such fugitiues can be claimed, must needs be 
 wholly, or almost wholly, suspended, as to remedies, by the 
 insurrection and tho militai-y measures necessitated by it. 
 And it is equally apparent that the substitution of military 
 fcr judicial measm-es for the enforcement of such claims 
 niu.it lie attended by great inconveniences, embarrassments, 
 and injuries. 
 
 Under these circumstances it seems quite clear that the 
 substantial rights of loyal masters will be best protected Ijy 
 receiving such fugitives, as well as fugitives from disloyal 
 masters, into the 6er\ice of the United States, and employ- 
 ing them under such organizations and in such occupationa 
 as circumstances may suggest or require. Of course a rec- 
 ord should be kept showing the name and description of 
 the fugitives, the name and the character, as loyal or dis- 
 loyal, of the master, and such facts as may be necessary to 
 a correct understanding of the circumstances of each case 
 after tranquillity shall have been restored. Upon the re- 
 tui fi of peace. Congress will, doubtless, properly provide for 
 all I he persons thus received into the service of the Union, 
 an for just compensation to loyal masters. In this way 
 on V, it would seem, can the duty and safety of theGoverii- 
 nirnt and the just rights of all be fully reconciled and har- 
 ni. nized. 
 
 V'ou will therefore consider yourself as instructed to gov- 
 ei o your future action, in respect to fugitives from service, 
 h<i the principles herein stated, and will report from timo 
 ti time, and at least twice in each month, your action in 
 ' i,e premises to this Department. You will, however, neither 
 HUthorize nor permit any interference, by the troops under 
 your command, with the servants of peaceful citizens in 
 house or field ; nor will you, in any way, encourage sucli 
 servants to leave the lawful service of their masters; nor 
 will you, except in cases where the public safety may seem 
 to require, prevent the volui|tary return of any fugitive, to 
 the service from which he may have escaped. 
 I am. General, very respectfully, your obedient servant, 
 SIMON CAMERON, Secretary of War. 
 Maj. Gen. B. F. Butler, Commanding Department of Vir- 
 ginia, Fortress Monroe. 
 
 CONCERNING FUGITIVE SLAVES. 
 
 Headquarters Department of Washington, ' 
 Washington, July 17, 1861. 
 [General Orders No 33.] • 
 
 Fugitive slaves will, under no pretext whatever, be per' 
 mitted to reside or be in any way harbored in the quarters 
 and camps of the troops serving in this Department. 
 Neither will such slaves be allowed to accompany troops on 
 the march. 
 
 Commanders of troops will he held responsible for a strict 
 observance of this order. 
 By command of Brigadier General Mansfield : 
 
 THEO. TALBOT, 
 Assistant Adjutant General. 
 
 Complaint having been made that slaves were 
 abducted by soldiers going North on the cars, 
 the following order was issued : 
 
 Headquarters City Guard, 
 
 Washington, August 10, 1861. 
 To Captain H. Davidson, 
 
 Commanding Guard at Railroad Depot : 
 Sir: It is directed by the Provost Marshal that you per- 
 mit no soldiers to leave this city by the railroad who are 
 unable to show that they have been properly discharged 
 from the service of the United States ; also, that no negroes, 
 without sufficient evidence of their being free or of their 
 right to travel, are permitted to leave the city upon the 
 cars. 
 I am. Captain, very re&pectfully, your obedient servant, 
 W. W. AVERELL, A. A. A. G. 
 
 EMANCIPATION PROCLAMATION OF GEN FREMONT.* 
 
 Headquarters of the Western Dep.\rtment, 
 St. Louis, August 31, 1S61. 
 Circumstances in my judgment, of sufficient urgency, 
 render it necessary that the commanding general of this 
 
 * This Retaliatory Proclamation was issued by a rebel 
 officer : 
 
 Headqu.uiters First Military District M. S. G. 
 Camp Hunter, September 2, ISGl. 
 To all whom it may co)icern : 
 
 Whereas Major General John C. Fremont, commanding 
 the minions of Abraham Lincoln in the State of Missouri, 
 has seen fit to declare martial law throughout the whole 
 State, and has threatened to shoot any citizen soldier found 
 in arms within certain limits ; also, to confiscate tho prop- 
 erty and free the negroes belonging to the members of the 
 Missouri State Guard : 
 
 Therefore, know ye that I, M. Jeff. Thompson, Brigadier 
 General of tho first military district of Missouri, having not 
 only the military authority of Brigadier General, but cer- 
 tain police powers granted by Acting Governor Thomas C. 
 Reynolds, and confirmed afterwards by Governor Jackson, 
 do most solemnly promise that for every member of the 
 Missouri State Guard or soldier of our allies, the .irmies of 
 the Confederate States, who shall bo put to death in pursu- 
 
246 
 
 REPEAL OP THE FUGITIVE SLAVE LAWS, 
 
 Department should assume the administrative powers of the 
 State. Its disorganized condition, the helplessness of the 
 civil authority, the total insecurity of life, and the devastation 
 of property by bands of murderers and marauders, who in- 
 fest nearly every county of the State, and avail themselves 
 of the public misfortunes and the vicinity of a hostile force 
 to gi-atify private and neighborhood vengeance, and who 
 find an enemy wherever they find plunder, finally demand 
 the severest measures to repress the daily increasing crimes 
 and outrages which are driving off the inhabitants and 
 ruining the State. 
 
 In this condition the public safety and the success of our 
 arms require unity of purpose, without let or hindrance, to 
 the prompt administration of affairs. 
 
 In order, therefore, to suppress disorder, to maintain as 
 far as now practicable the public peace, and to give security 
 and protection to the persons and property of loyal citizens, 
 I do hereby extend and declare established martial law 
 throughout the State of Missouri. 
 
 The lines of the army of occupation in this State are for 
 the present declared to extend from Leavenworth by way 
 of the posts of Jefferson City, Rolla, and Ironton, to Cape 
 Girardeau, on the Jfississippi river. 
 
 All persons who shall be taken with arms in their hands 
 within the.se lines shall be tried by court-misrtial, and if 
 found guilty will be shot. 
 
 The property, real and personal, of all persons, in the 
 State of Missouri, who shall t«ke up arms agaiust the Uni- 
 ted States, or who shall be directly proven to have taken an 
 active part with their enemies in the field, is declared to be 
 confiscated to the public use, and their slaves, if any they 
 have, are hereby declared free men. 
 
 All persons who shall be proven to have destroyed, after 
 the publicaliou of this order, railroad tracks, bridges, or tele- 
 graphs, shall suffer the extreme penalty of the law. 
 
 All persons engaged in treasonable correspondence, in 
 giving or procuring aid to the enemies of the United States, 
 in fomenting tumults, in disturbing the public tranquillity 
 by creating and circulating false reports or incendiary 
 documents, are in their own interests warned that they are 
 exposing tljemselves to sudden and severe punishment. 
 
 All persons who have been led away from their allegi- 
 ance are required to return to their homes forthwith; any 
 such absence, without sufficient cause, will be held to be 
 presumptive evidence against them. 
 
 The object of this declaration is to place in the hands of 
 the military authorities the power to give instantaneous 
 efi"ect to existing laws, and to supply such deficiencies as 
 the conditions of war demand But this is not intended to 
 suspend the ordinary tribunals of the country, where the 
 law will be administered by the civil officers in the usual 
 manner, and with their customary authority, while the 
 same cau be peaceably exercised. 
 
 The commanding general will labor vigilantly for the 
 public welfare, and in his efforts for their safety hopes to 
 obtain not only the acquiescence, but the active support of 
 the loyal people of the country. 
 
 J. C. TREMONT, 
 , Major General Commanding. 
 
 [Spectal Military Order.] 
 Headquarters Western Department, 
 
 St. Louis, August 30, 1861. 
 
 The commanding general sincerely regrets that he finds 
 It necessary to make any reproach to the patriotic army 
 under his command. He had hoped that the rigid enforce- 
 ment of discipline and the good example of the mass of the 
 enlightened soldiery which he has the honor to lead, would 
 have been sufficient to correct in good time the irregulari- 
 ties and licence of the few who have reflected discredit 
 upon our cause and ourselves 
 
 But the extension of martial law to all the State of Mis- 
 souri, rendered suddenly necessary by its unhappy condition, 
 renders it equally imperative to call the army to good order 
 and rigorous discipline. They are reminded that the power 
 
 ance of the said order of Gen. Fremont, I will hang, draw, 
 and quarter a minion of said Abraham Lincoln. 
 
 While I am anxious that this unfortunate war shall be 
 conducted, if possible, upon the most liberal principles of 
 civiUzed warfare — and every order tliat I have issued has 
 been with that object— yet, if this rule is to be adopted, 
 (and it must first be done by our enemies,") I intend to ex- 
 ceed Gen. Fremont in his excesses, and will make all tories 
 that come within my reach rue the day that a different 
 policy was adopted by their leaders. Already mills, barns, 
 warehouses, and other private property have been wastefully 
 and wantonly destroyed by the enemy in this distinct, 
 while we have taken nothing except articles strictly con- 
 traband or absolutely necessary. Should these tilings be 
 repeated, I will retaliate ten-fold, so help me God ! 
 
 M. JEFF. THOMPSON, 
 Brig. Gen. Commanding. 
 
 to inflict the extraordinary severities of the now governing 
 law is rigidly confined to few, who are to be held strictly 
 accountable for its exercise. They are also reminded that 
 the same necessity which requires the establishment of 
 martial law demands also the enforcement of the military 
 law, which governs themselves with the same sudden se- 
 verity. 
 
 The commanding general therefore strictly prohibits all 
 vexatious proceedings calculated unnecessarily to harass 
 the citizens, and also unauthorized searches, seizures, and 
 destruction of property, except in cases of military neces- 
 sity, and for which the officer authorizing or permitting it 
 will be held strictly and personally responsible. 
 
 All officers commanding districts, posts, or detachments 
 ire enjoined to use the utmost prudence and circumspec- 
 ion in the discharge of their duties. Under the circum- 
 s'ances a strict obedience to orders, close attention to du- 
 ti-s, and an earnest effort to protect and to avoid harassing 
 ii.iiocent persons, is requested and expected everywhere 
 fii m officers and men. 
 
 'I'he commanding general trusts that he will find few 
 or.Hsions to reproach the troops. He hopes and believes 
 thai he will find many to admire and commend them. 
 J. C. FREMONT, 
 Major General Commanding. 
 
 PRESIDENT Lincoln's first letteb to general 
 
 FREMONT. 
 [Private.] 
 Washington, D. C, Sept. 2, 1861. 
 
 Mt Dear Sir: Two points in your procla- 
 mation of August 30th give me some anxiety : 
 
 First. Sliould you slioot a man according 
 to the proclamation, the Confederates would 
 very certainly shoot our best men in their 
 hands, in retaliation ; and so, man for man, 
 indefinitely. It is, therefore, my order that 
 you allow no man to be shot under the procla- 
 mation without first having my approbation or 
 consent. 
 
 Second. I think there is great danger that 
 the closing paragraph, in relation to the con- 
 fiscation of property, and the liberating slaves 
 of traitorous owners, will alarm our Southern 
 Union friends and turn them against us ; per- 
 haps ruin our rather fair prospect for Kentucky. 
 
 Allow me, therefore, to ask that you will, 
 as of your own motion, modify that paragraph 
 so as to conform to i\iQ first and fourth sections 
 of the act of Congress entitled, "An act to 
 confiscate property used for insurrectionary 
 purposes," approved August 6, 1861, and a 
 copy of which act I herewith send you. 
 
 This letter is written in a spirit of caution, 
 and not of censure. 
 
 I send it by a special messenger, in that it 
 may certainly and speedily reach you. 
 
 Yours, very truly, A. LINCOLN. 
 
 Major General Fremont. 
 
 gen. fremont's reply. 
 
 Headquarters Western Department, 
 
 St. Louis, September 8, 1861. 
 
 My Dear Sir : Your letter of the second, by 
 special messenger, I know to have been written 
 before you had received my letter, and before 
 my telegraphic dispatches and the rapid develop- 
 ment of critical conditions here had informed 
 you of affairs in this quarter. I had not writ- 
 ten to you fully and frequently ; first, because 
 in the incessant change of affairs I would be 
 exposed to give you contradictory accounts ; 
 and, secondly, because the amount of the sub- 
 jects to be laid before you would demand too 
 much of your time. 
 
 Trusting to have your cenfidence, I have 
 
AND KINDRED SUBJECTS. 
 
 247 
 
 been leaving it to events themselves to show 
 you whether or not I was shaping affairs here 
 according to your ideas. The shortest com- 
 muiiication between Washington and St. Louis 
 generally involves two days, and the employ- 
 ment of two days in time of war goes largely 
 toward success or disaster. I therefore went 
 along according to my own judgment, leaving 
 the result of my movement to justify me with 
 you. And so in regard to my proclamation of 
 the thirtieth. Between the rebel armies, the 
 provisional government, and home traitors, I 
 felt tlie position bad, and saw danger. In the 
 night I decided upon the proclamation and the 
 form of it — I wrote it the next morning and 
 printed it ihe same day. 1 did it without con- 
 sultation or advice with any one, acting solely 
 with my best judgment to serve the countrj' and 
 yourself, and perfectly willing to receive the 
 amount of censure which should be thought 
 due, if I had made a false movement. This is 
 as much a movement in the war as a battle, and 
 in going into these I shall have to act accord- 
 ing to my judgment of the ground before me, 
 as 1 did on this occasion. If, upon reflection, 
 your better judgment still decides that I am 
 wrong in the article respecting the liberation 
 of slaves, I have to ask that you will openly 
 direct me to make the correction. The implied 
 censure will be received as a soldier always 
 should the reprimand of his chief. If I were to 
 retract of my own accord, it would imply that 
 I myself thought it wrong, and that I had acted 
 without the reflection which the gravity of the 
 point demanded. But I did not. I acted with 
 full d. liberation, and upon the certain convic- 
 tion that it was a measure right and necessary, 
 and I think so still. 
 
 In regard to the other point of the proclama- 
 tion to which you refer, I desire to say that I 
 do not think the enemy can either misconstrue 
 or urge anything against it, or undertake to 
 make unusual retaliation. The shooting of men 
 who shall rise in arms against an army in the mil- 
 itary occupation of a country is merely a neces- 
 sary measure of defence, and entirely according 
 to the usages of civilized warfare. The article 
 does not at all refer to prisoners of war, and 
 certainly our enemies have no grounds for re- 
 quiring that we should waive in their benefit 
 any of the ordinary advantages which the 
 usages of war allow to us. 
 
 As promptitude is itself an advantage in war, 
 I have also to ask that you will permit me to 
 carry out upon the spot the provisions of the 
 proclamation in this respect. 
 
 Looking at afi'airs from this point of view, I 
 am satisfied that strong and vigorous measures 
 have now become necessary to the success of 
 our arms ; and hoping that my views may have 
 the honor to meet your approval, 
 
 I am, with respect and regard, very truly 
 yours. 
 
 The President. J. C. FREMONT. 
 
 THE president's REJOINDER ORDERING A MODI- 
 FICATION OP THE PROCLAMATION. 
 
 Washington, September 11, 1861. 
 Sir: Yours of the 8th, in answer to mine of 
 ^lle 2d instant, is just received. Assuming that 
 
 you, upon the ground, could better judge of the 
 necessities of your position than I could at this 
 distance, on seeing your proclamation of Au- 
 gust 30th, I perceived no general objection to 
 it. The particular clause, however, in relation 
 to the confiscation of property and the libei-a- 
 tion of slaves, appeared to me to be objection- 
 able in its non-conformity to the act of Con- 
 gress passed the Gth of last August upon the 
 same subjects ^ and hence I wrote you express- 
 ing my wish that that clause should be modi- 
 fied accordingly. Your answer, just received, 
 expresses the preference, on your part, that I 
 should make an open order for the modifica- 
 tion, which I very cheerfully do. It is there- 
 fore ordered that the said clause of said procla- 
 mation be so modified, held, and construed as 
 to conform to and not to transcend the provis- 
 ions on the same subject contained in the act 
 of Congress entitled "An act to confiscate prop- 
 erty used for insurrectionary purposes," ap- 
 proved August 6, 1861, and that said act be 
 published at length with this order. 
 Your obedient servant, 
 
 A. LINCOLN. 
 Maj. Gen. John C. Fremont. 
 
 GENERAL TREMONt's LETTER TO REBEL COLONEL 
 TAYLOR, EXPLAINING HIS PROCLAMATION. 
 
 IIeadquarteks Western Department, 
 September U, IbGl. 
 Col. T. T. Tatior, Commanding at Springfield, Mo. : 
 
 Sir : Yours of the 8th instant, containing an erroneous 
 construction of my proclamation of the SUth ultimo, haa 
 had my attention. 
 
 I understand the object of your note to be to enquire 
 whether it was my intention to Bhoot the wounded who 
 might be made prisoners by the forces under my com- 
 mand. The following puragiapli, extracted from the pro- 
 clamation, will be strictly enforced within the lines pro 
 scribed against the class of olfenders for whom it was in- 
 tended, viz : 
 
 " All persons who shall be taken with arms in their 
 hands within these lines shall be tried by a court martial, 
 and if found guilty will be shot." 
 
 The lines are expressly declared to be those of the army 
 in the military occupation of this State. 
 
 You have wholly misapprehended the meaning of the 
 proclamation. Without undertaking to determine the con- 
 dition of auy man engaged in this rebellion, I desiie it to 
 bo clearly understood that the proclamation is intended 
 distinctly to recognize the usual rights of an open enemy 
 in the field, and to be in all respects strictly conformable 
 with the usages of war. It is hardly necessary for me to 
 say that it was not prepared witli any purpose to ignore 
 the ordinary rights of humanity with respect to the 
 wounded men, or those who are humanely engaged in alle- 
 T iatiug their sufferings. 
 
 J. C. FREMONT, 
 Major General Commanding. 
 
 GENERAL INSTRUCTIONS OF THE WAR OFFICE. 
 War Department, October U, 1S61. 
 
 Sni: In conducting military operations witliin States de- 
 clared by the proclamation of the President to be in a state 
 of insurrection, you will govern yourself, so far as pereona 
 held to service under the laws of such States are concerned, 
 by the principles of the letters addi-essed by me to Major 
 General Butler on the 30th of May and the 8th of August, 
 copies of which are herewith furnished to you. As si)ccial 
 directions, adapted to special circumstances, cannot be 
 given, much must be referred to your own discretion as 
 commanding general of the expedition. You will, how- 
 ever, in general avail yourself of the services of any persons, 
 whether fugitives from labor or not, who may oflcr them to 
 the national Government; you will employ such persons in 
 such services as they may be fitted for, either as ordinary 
 employes, or, if special circumstances seem to require it, 
 in any other capacity with such organization, in squads, 
 companies, or otherwise, as you deem most beneficial to the 
 service. This, however, not to mean a general arming of 
 
248 
 
 REPEAL OF THE FUGITIVE SLAVE LAWS, 
 
 them for military service. You will assure all loyal masters 
 that Congress will provide just compensation to them for 
 ti',0 loss of the services of the persons so employed. It is 
 believed that the course thus indicated will best secure the 
 substantial rights of loyal masters, and the benefits to the 
 United States of the services of all disposed to support the 
 Government, w hilo it avoids all interference with the social 
 systems or local institutions of every State, beyond that 
 which insurrection makes unavoidable, and which a restora- 
 tion of peaceful relations to the Union, under the Constitu- 
 tion, will immediately remove. 
 
 Respectfully, SIMON CAMEKOj!^, 
 
 iSecretary of War. 
 Brigadier General T. W. Sherman, 
 
 Cummanding Expedition to the. Southern Coast. 
 
 In pursuance of these instructions, a procla- 
 mation was issued by General Slierman to the 
 people of South Carolina, saying that — 
 
 In obedience to the orders of the President of these 
 United States of America, I have landed on your shores 
 with a small force of national troops. The dictates of a 
 duty which, under these circumstances, I owe to a great 
 sovereign State, and to a proud and hospitable people, 
 among whom I have passed some of the pleasant*t days 
 of my life, prompt me to proclaim that we have come 
 amongst you with no feelings of personal animosity, no 
 desire to harm your citizens, destroy your property, or in- 
 terfere witli any of your lawlul rights or your social or 
 local institutions, beyond what the causes herein alluded 
 to may render unavoidable. 
 
 Major General Dix also issued a proclamation 
 to the people of Accomac and Northampton 
 coiintiGs, Virginia, dated November 13,. 18C1, 
 beginni g as follows: 
 
 The military forces of the United States are about to 
 enter your counties as a part of the Union. They will go 
 among you as friends, and with the earnest hope that they 
 may not, by your own acts, be forced to become your ene- 
 mies. They will invade no rights of person or property. 
 On the contrary, your laws, your institutions, your usages, 
 will be scrupulously respected. There need be no fear that 
 the quietude of any fireside will be distm-bed, unless the 
 disturbance is caused by yourselves. 
 
 Special directions have been given not to interfere with 
 the condition of any person held to domestic service ; and, 
 in order lluit there may be no ground for mistake or pre- 
 text tor misrepresentation, commanders of regiments and 
 corps have been instructed not to permit any such persons 
 to come within their Unes. 
 
 The same day, Major General Wool issued 
 this order: 
 
 Headquarters Department op Virginia, 
 Fort Monroe, October 14, 1S61. 
 [Special Orders No. 72.] 
 
 All colored persons called contrabands, employed as ser- 
 vants by officers and others residing wilhin Fort Monroe, 
 or outside of the Fort at Camp Hamilton and Camp Butler 
 will be furnished with their subsistence and at least eight 
 dollars per month for males, and four dollars per monthfor 
 females, by the officers or others thus employing them. 
 
 So much of the above named sums, as may be necessary 
 to furnish clothing, to be decided by the Chief Quartermas- 
 ter of the department, will be applied to that purpose, and 
 the remainder will be paid into his hands to create a fund 
 for the support of tliose contrabands who are unable to 
 work for their own support. 
 
 All able-bodied colored persons who are under the pro- 
 tection of the troops of this department, and who are not 
 eniiiloycd as servants, will be immediately put to work in 
 either the Engineer's or Quartermaster's Department. 
 By command of Major General Wool : 
 
 (Signed) AVil. D. WHIPPLE, 
 
 Assistant Adjutant General. 
 Again, November 1, 18G1 . 
 
 Headquarters Department op Virginia, 
 
 Fort Monroe, November 1, 18(31. 
 [General Orders No. 34.] 
 
 The following pay and allowances will constitute the 
 valuation of the labor of the contrabands at work in the 
 Engineer, Ordnance, Quartermaster, Commissary, and Medi- 
 cal Departments at this post, to be paid as hereinafter men- 
 tioned : 
 
 Class 1st. — Negro men over eighteen years of ago, and 
 able-bodied, ten dollars per month, one ration and the 
 mcessary amount of clothing. 
 
 Class 2d. — Negro boys from 12 to 18 years of age, and 
 sickly and infirm negro men, five dollars per month, one 
 ration, and the necessary amount of clothing. 
 
 The quartermaster will furnish all the clothing. The de- 
 partment employing these men will furnish the subsist- 
 ence specified above, and as an incentive to good behavior 
 (to be withheld at the direction of the chiefs of the depart- 
 ments respectively) each individual of the first class will 
 receive %2 per month, and each individual of the second 
 class SI per month, for their own use. The remainder of 
 the money valuation of their labor will be turned over to 
 the quartermaster, who will deduct from it the cost of the 
 clothing issued to them ; the balance will constitute a fund 
 to bo expended by the quartermaster under the direction of 
 the commanding officer of the department of Virginia for 
 the support of the women and children and those that are 
 unable to work. 
 
 For any unusual amount of labor performed they may 
 receive extra pay, varying in amount from fiity cents to one 
 dollar, this to be paid by the departments employing them, 
 to the men themselves, and to be for their own use. 
 
 Should any man be prevented from working, on account 
 of sickness, lor six consecutive days, or ten days in any one 
 month, one half of the money value will be paid. For be- 
 ing prevented from laboring for a longer period than ten 
 days in any one month all pay and allowances cease. 
 
 By command of Major General Wool : 
 
 (Signed) WJI. D. WHIPPLE, 
 
 Assistant Adjutant General. 
 
 GENERAL HALLECK'S ORDER OF NOVEMBER 20, 
 1861.* 
 
 Headqdariees Department of Missouri, 
 St. Louis, November 20, 1861. 
 [General Orders No. 3.] 
 
 I. It has been represented that important information, 
 respecting the number and condition of our forces, is con- 
 veyed to the enemy by means of fugitive slaves who are 
 admitted within our lines. In order to remedy this evil, 
 it is directed that no such persons be hereafter permitted 
 to enter the lines of any camp, or of any forces on the 
 march ; and that any now within such Unes be immediately 
 excluded therefrom. 
 
 CONTRABANDS IN THE DISTRICT. 
 
 Department of State, 
 Washington, December 4, 1861. 
 To Major General Geo. B. McClellan, Washington. 
 
 General : I am directed by the President to call your 
 attention to the following subject: 
 
 Persons claimed to be held to service or labor under the 
 laws of the State of Virginia, and actually employed in 
 hostile service against the Government of the United 
 States, frequently escape from the lines uf the enemy's 
 forces and are received within the lines of the army of the 
 Potomac. 
 
 This Department understands that such persons after- 
 wards coming into the city of Washington are liable to be 
 arrested by the city police, upon the presumption, arising 
 from color, that they are fugitives from service or labor. 
 
 By the 4th section of the act of Congress apju-oved Au- 
 gust 6th, 1S61, entitled "An act to confiscate property 
 used for insurrectionary purposes," such hostile employ- 
 ment is made a full and sufficient answer to any further 
 cliiim to service or labor. Persons thus employed and es- 
 caping are received into the military protection of the 
 Uuited States, and their arrest as fugitives from service or 
 labor should be immediately followed by the military ar- 
 rest of the parties making the seizure. 
 
 Copies of this communication will be sent to the Mayor 
 of the city of Washington and to the Marshal of the Dis- 
 
 * General Halleck, in a letter, thus explained the order: 
 Headquarters Department op the Missouri, 
 St. Louis, December 8, 1861. 
 
 Mr DE.\R Colonel : Yours of the 4th instant is just re- 
 ceived. Order No. 3 was, in my mind, clearly a military 
 necessity. Unauthorized persons, black or white, free or 
 slaves, must be kept out of our camps, unless we are wil- 
 ling to publish to the enemy everything we do or intend 
 to do. It was a military and not a political order. 
 
 I am ready to carry out any lawful instructions in regard 
 to fugitive slaves which my superiors may give me, and to 
 enforce any law which Congress may pass. But I cannot 
 make law, and will not violate it. You know my private 
 opinion on the policy of confiscating the slave property of 
 rebels in arms. If Congress shall pass it, you may be cer- 
 tain that I shall enforce it. Perhaps my policy as to the 
 treatment of rebels and their property is as well set out in 
 Order No. 13, issued the day your letter was written, as I 
 could now describe it. 
 
 Hon. F. P. Blair, Washington. 
 
AND KINDRED SUBJECTS. 
 
 219 
 
 trict of ColurLbia, that any collision between the civil and 
 military authoritiea may be avoided. 
 I am, General, your very obedient, 
 
 WILLIAM U. SEWARD. 
 
 raOM THE REPORT OF THE SECRETARY OF WAR, 
 DEC. 1, 18G1. 
 
 It is already a grave question what shall he done with 
 those slaves who were abandoned by their owners on the 
 advance of our troops into southern territory, as at Beau- 
 fort district, in South Carolina. Tho number left within 
 our control at that point is very considerable, and similar 
 cases will probably occur. What shall be done with them? 
 Can we afford to send them forward to their masters, to be 
 by them armed against us, or used in producing supplies 
 to sustain the rebellion ? Their labor may be useful to us ; 
 withheld from the enemy it lessens his military resources, 
 and withholding them has no tendency to induce the 
 horrors of insurrection, even in the rebel communities. 
 They constitute a military resource, and, being such, that 
 they should not be turned over to the enemy is too plain to 
 diictiss. Why deprive him of suppUes by a blockade, and 
 voluntarily give him men to producp them ? 
 
 The disposition to be made of the slaves of rebels, after 
 the close of the war, can be safely left to the wisdom and 
 patriotism of Congress. The Representatives of the people 
 will unquestionably secure to the loyal slaveholders every 
 right to which they are entitled under the Constitution of 
 the country. 
 
 SIMON CAMERON, 
 
 Secretary of War. 
 It is understood that the Report of the Sec- 
 retary of War, as originally prepared was as 
 follows, and that it was modified at the request 
 of the President : 
 
 It has become a grave question for determination what 
 Bhall be done with the slaves abandoned by their owners on 
 the advance of our troops into southern territory, as in the 
 Beaufort district of South Carolina. The whole v/hite popu- 
 lation therein is six thousand, while the number of negroes 
 exceeds thirty-tAvo thousand. The panic which drove their 
 masters in wild confusion from their homes, leaves them in 
 undisputed possession of the soil. Shall they, armed by 
 their masters, be placed in the field to fight against us, or 
 shall their labor be continually employed in reproducing 
 tlie means for supporting the armies of rebellion? 
 
 The war into which this Government has been forced by 
 rebellious traitors is carried on for the pm-pose of reposses- 
 sing the property violently and treacherously seized upon 
 by the enemies of the Government, and to re-establish the 
 authority and laws of the United States in the places where 
 it is opposed or overthrown by armed insurrection and re- 
 bellion. Its purpose is to recover and defend what is justly 
 
 War, even between independent nations, is made to 
 subdue the enemy, and all that belongs to that enemy, by 
 occupying the hostile country, and exercising dominion 
 over all the men and things within its territory. This 
 being true in respect to independent nations at war with 
 each other, it follows that rebels who are laboring by force 
 of arms to overthrow a Government, justly bring upon 
 themselves all the consequences of war, and provoke thcs 
 destruction merited by the worst of crimes. That Govern- 
 ment would bo false to national trust, and would justly 
 excite the ridicule of the civilized world, that would abstain 
 from the use of any efficient means to preserve its own 
 existence, or to overcome a rebellious and traitorous enemy, 
 by sparing or protecting the property of those who are 
 waging war against it. 
 
 The principal wealth and power of the rebel States is 
 a peculiar species of property, consisting of the service or 
 labor of African slaves, or the descendants of Africans. 
 This property has been variously estimated at the value of 
 from seven hundred million to one thousand million dollars. 
 
 Why should this property be exempt from the hazards 
 and consequences of a rebellious war? 
 
 It was the boast of the leader of the rebellion, while he 
 yet had a seat in the Senate of the United States, that the 
 southern States would be comparatively safe and free from 
 the burdens of war, if it should be brought on by the con- 
 templated rebellion, and that boast was accompanied by 
 the savage threat that " northern towns and cities would 
 become the victims of rapine and military spoil," and that 
 " northern men should smell southern gunpowder and feel 
 southern steel." No one doubts the disposition of the 
 rebels to carry that threat into execution. The wealth of 
 northern towns and cities, the produce of northern farms, 
 northern workshops and manufactories would certainly be 
 seized, destroyed, or appropriated as military spoil. No 
 property in the North would be spared from the hands of 
 
 the rebels, and their rapine would be defended under the 
 laws of war. While the loyal States thus have all their 
 property and possessions at stake, are the insurgent rel els 
 to carry on warfare against the Government in peace and 
 security to their own property? 
 
 Reason and justice and self-preservation forbid that 
 such should be the policy of this Government, but demand, 
 on the contrary, that, being forced by traitors and rebels to 
 the extremity of war, all the rights and powers of war 
 should be exercised to bring it to a speedy end. 
 
 Those who war against the Government justly forfeit 
 all rights of property, privilege, or security, derived from 
 the Constitution and laws, against which they are in armed 
 rebellion ; and as the labor and service of their slaves con- 
 Btituto the chief property of the rebels, such property should 
 share the common fate of war to which they have devoted 
 the property of loyal citizens. 
 
 While it is plain that the slave property of the South is 
 justly subjected to all the consequences of this rebellious 
 war, and that the Government wouM lie untnu' to iis trust 
 in not employing all th.' ri l:i- lili ■. . i i . i •. i t iwiug 
 it to a speedy close, the in 1 i- ; ii > . lil^o- 
 
 all other military measui'. ', i : ; : i i it 
 
 to be determined by partiri:!:, I ,\i^ . :i. 'ii, .i, [. iiiuu 
 of other property belongin;^ to theVebfls tlmt b'M onie^t sub- 
 ject to our arms is governed by the circumstances of the 
 case. The Government has no power to hold slaves, none 
 to restrain a slave of his liberty, or to exact liis service. It 
 has aright, however, to use the voluntary service of slaves 
 liberated by war from their rebel masters, like any other 
 property of the rebels, in whatever mode may be most effi- 
 cient for the defence of the Govei-nment, the prosecution of 
 the war, and the suppression of rebellion. It is clearly a 
 right of the Government to arm slaves wh(m it may become 
 necessary as it is to take gunpowder from the enemy. 
 Whether it is expedient to do so is purely a military ques- 
 tion. The right is unquestionable by the laws of war. The 
 expediency must be determined by circumstances, keeping 
 in view the great object of overcoming the the rebels, re-oa- 
 tablishing the laws, and restoring peace to the nation. 
 
 It is vain and idle for the Government to carry on this 
 war, or hope to maintain its exii;tence against rebellious 
 force, without employing all the rights and powers of war. 
 As has been said, the right to deprive the rebels of their 
 property in slaves and slave labor is as clear and abso- 
 lute as the right to take forage from the field, or cotton from 
 the warehouse, or powder and arms from the magazine. To 
 leave the enemy in the possession of such property as for- 
 age and cotton and military stores, and the means of con- 
 stantly reproducing them, would be madness. It is, there- 
 fore, equal madness to leave them in peaceful and seciu'e 
 possession of slave property, more valuable and elficient to 
 them for war than forage, cotton, and military stores. Snch 
 policy would be national stdcide. What to do with that 
 speciesof projjerty is aquestion that timeand circumstances 
 will solve, and need not bo anticipated further than to re- 
 peat that they cannot be held by the Government as slaves, 
 it would be useless to keep them as prisoners of war; and 
 self-preservation, the highest duty of a Government, or of 
 individuals, demands that they should be disposed of or em- 
 ployed in the most effective manner that will teud most 
 speetUly to suppress the insurrection and restore the author- 
 ity of the Government. If it shall be found that the men 
 who have been held by the rebels as slaves are capable of 
 bearing arms and performing efficient military service, it is 
 the right, and may become the duty, of this Government to 
 arm and equip them, and employ their services against the 
 rebels, under proper military regulations, discipline, and 
 command. 
 
 But in whatever manner they may bo used by the Gov- 
 ernment, it is plain that, once liberated by the rebellious 
 act of their masters, they should never again be restored to 
 bondage. By the master's treason and rebellion ho forfeits 
 all right to the labor and service of his slave ; and the slave 
 of the rebellious master, by his service to the Government, 
 becomes justly entitled to freedom and protection. 
 
 The disposition to be made of the slaves of rebels, after 
 the close of the war, can be safely left to the wisdom and 
 patriotism of Congress. The representatives of the people 
 will unquestionably secure to the loyal slaveholders every 
 right to which they are entitled under the Constitution of 
 the country. 
 
 GENERAL BURNSIDE S PROCL.VMATION. 
 
 Roanoke Island, N. C, February 18, 1SC2. 
 To THE People of North Carolixa : 
 
 The mission of our joint expeditioa is not to invade any of 
 your rights, but to assert theauthority of the United States, 
 and to close with you the desolating war brought upon 
 your State by comparatively a few bad men in jour 
 midst. ***** 
 
 The Government asks only that its authority may be rec- 
 
250 
 
 REPEAL OF THE FUGITIVE SLAVE LAWS. 
 
 ognized; and we repeat, in no manner or way does it desire 
 to interfere with your laws, constitutionally established, 
 your institutions of any kind whatever, your property of 
 any sort, or your usages iu any respect. 
 
 L. M. GOLDSBOROUGII, Flag Officer, 
 Commanding North Carolina Blockading Squadron, 
 A. E. BURNSIDE, Brigadier General, 
 Commanding Department of North Carolina. 
 
 GENERAL HALLECK'S PROCLAMATION. 
 
 IlEADlJUARTERS DEPARTMEVT OF IMlSSOCRI, 
 
 St. Louis, February 23, 1862. 
 
 The major general commanding the department desires 
 to impress upon all officers the importance of preserving 
 good order and discipline among their troops as the armies 
 of the West advance into Tennessee and the southern 
 States. * * * 
 
 Soldiers ! let no excess on your part tarnish tlie glory of 
 our arms! 
 
 The order heretofore issued in this department, in regard 
 to pillaging and marauding, the destruction of private prop- 
 erty, and the stealing or concealment of slaves, must be 
 strictly enforced. It does not belong to the military to de- 
 cide upon the relation of master and slave. Such questions 
 must be settled by the civil courts. No fugitive slave will 
 therefore be admitted within our lines or camps, except 
 when specially ordered by the general commanding. * 
 
 Military stores and the public property of the enemy must 
 be surrendered, and any attempt to conceal such property, 
 by fraudulent transfer or otherwise, will be punished, but 
 no private property will be touched ucless by order of the 
 general commanding. Wherever it becomes necessary to 
 obtain forced contributions for the supply and subsistence of 
 our troops, such levies will bo made as light as possible, 
 and be so distributed aa to produce no distress among the 
 people. All property so taken must be receipted and fully 
 accounted for, as heretofore directed. 
 
 These orders will be read at the head of every regiment, 
 and all officers are commanded to strictly enforce them. 
 
 By command of Major General Ualleck: 
 
 N. H. Ur.h-&AS, Adjutant General. 
 
 GENERAL BDELL's LETTER. 
 
 IlEADUnARIERS DEPARTMENT OP THE OHIO, 
 
 Nashville, March 6, lSb2. 
 
 Dear Sir : I have had the honor to receive your commu- 
 nication ol the 1st instant on the subject of fugitive slaves 
 in the camps of the army. 
 
 It has come to my knowledge that slaves sometimes make 
 their way improperly into our lines, and in some instances 
 they may be enticed there, but I think the number has 
 been magnified by report. Several applications have been 
 made to me by persons whose servants have been found in 
 our camps, and in every instance that I know of the master 
 has recovered his servant and taken him away. 
 
 I need hardly remind you that there will always be found 
 some lawless and mischievous persons iu every army ; but 
 I assure you that the mass of this army is law-abiding, and 
 thatit is neither its disposition nor its policy to violate law 
 or the rights of individuals in any particular. 
 
 With great respect, your obedient servant, 
 
 D. C. BUELL, 
 Brig. Gen. Commanding Department. 
 Hon. J.R. Underwood, 
 
 Chairman Military Committee, Franlcfort, Ky. 
 
 GENERAL EOOKEK's ORDER IN A FUGITIVE SLAVE 
 CASE. 
 
 Headquarters, Hooker's Division, Camp Baker, 
 Lower Potomac, March 26, 1862. 
 To Brigade and Regimental Commanders of this Division: 
 Messrs. Nally, Gray, Dummington, Dent, Adams, Speake, 
 Price, Posey, and Cobey, citizens of Maryland, have negroes 
 supposed to be with some of the regiments of this division ; 
 the brigadier general commanding directs that they be 
 permitted to visit all the camps of his command, in search 
 of their property, and if found, that they be allowed to take 
 possession of the same, without any interference whatever. 
 Should any obstacle be thrown in their w.ay by any oliicer 
 or soldier in the division, they will be at once reported by 
 the regimental commanders to these headquarters. 
 By command of Brigadier General Hooker: 
 
 JOSEPH DICKINSON, 
 Assistant Adjutant General. 
 The following report was made in relation to 
 said order by direction of General Sickles: 
 Headquarters Second Regiment, Excelsior Brigade, 
 Camp Hall, March 27, 1S02. 
 Lieutenant : In compliance with verbal directions from 
 
 Brigadier General D. E. Sickles, to report as to the occtir- 
 rence at this camp on the ;il"tsrnoon of the 26th instant, I 
 beg leave to submit the following : 
 
 At about 3.30 o'clock p. m., March 26, 1862, admission 
 within our lines was demanded by a party of horsemen, 
 (civilians,) numbering, perhaps, fifteen. They presented 
 the lieutenant commanding the guard with an order of en- 
 trance from Brigadier General Joseph Hooker, command- 
 ing division, (copy appended,) the order stating that nine 
 men should be admitted. I ord>3red that the balance of the 
 party should remain \>ithout the lines; which was done. 
 Upon the appr'iranco of the others, there was visible dis- 
 satisfaction and consideraVilo nmrmuring among the sol- 
 diers, to so gi-eatanextentthatlalmostfearedlorthesafety 
 of the slave-owners. At this time General Sickles oppor- 
 tunely arrived, and instructed me to order them outside the 
 camp, wliich I did, amidst the loud cheers of our soldiers. 
 It is proper to add, that before entering our lines, and ^vithin 
 about seventy-five or one hundred yards of our camp, one 
 of their number discharged two pistol shots at a negro, who 
 was running past them, with an evident intention of taking 
 his life. This justly enraged our men. 
 
 All of which is respectfully submitted. 
 Your obedient servant, JOHN TOLEN, 
 
 Major Coramanding Second liegiment, E. B. 
 To Lieutenant J. L. Palmer, Jr., 
 
 A. D. C. and A. A. A. General. 
 
 GENERAL DOUBLEDAT S ORDER. 
 
 Headquarters Military Defenses 
 North of the Potomac, 
 
 Washington, A^ml 6, 1862. 
 
 Sir: I am directed by General Doubleday to say, in an- 
 swer to your letter of the 2d instant, that all negroes coming 
 into the lines of any of the camps or forto under his com- 
 mand, are to be treated as persons, and not a.s chattels. 
 
 Under no circumstances h;is the commander of a fort or 
 camp the power.of surrendering persons claimed as fugitive 
 slaves, as it cannot be done without determining their 
 character. 
 
 The additional article of war recently passed by Congress 
 positively prohibits this. 
 
 The question has been asked, whether it would not bo 
 better to exclude negroes altogether from the lines. Tha 
 general is of the opinion that they bring much valuable in- 
 formation, which cannot be obtained from any other source. 
 They are acquainted with all the roads, paths, fords, and 
 other natural features of the country, and they mako excel- 
 lent guides. They also know and frequently have exposed 
 the haunts of secession spies and traitors and the existence 
 of rebel organizations. They will not, therefore, be ex- 
 cluded. 
 
 The general also directs me to say that civil process can- 
 not be served directly in the camjjs or forts of his command, 
 without full authority be obtained from the commanding 
 oflicer for that purpose. 
 
 I am, very respectfully, your obedient servant, 
 
 B. P. HALSTED, 
 Assistant Adjutant General. 
 Lieut. Col. John D. Shaul, 
 
 Commanding 16th Reg. N. T. Vols. 
 
 president's PROCLAMATION RESCINDING GENERAL 
 hunter's PROCLAMATION — MAT 19, 1862. 
 
 Whereas there appears in the public prints 
 what purports to be a proclamation of Major 
 General Hunter, in the words and figures fol» 
 lowing, to wit : 
 
 Headquarters Department op the South, 
 Hilton Head, S. C, May 9, 1862. 
 [General Orders No. 11.] 
 
 Tho three States of Georgia, Florida, and South Carolina, 
 comprising the military department of the South, having 
 deliberately declared themselves no longer under the pro- 
 tection of the United States of America, and having taken 
 up arms against the said United States, it becomes a 
 military necessity to declare them under martial law. 
 This was accordingly done on the 25th day of April, 1862. 
 Slavery and martial law in a free country are altogether 
 incompatible; tho persons in these three States- -Georgia, 
 Florida, and South Carolina — heretofore held as slaves, are 
 therefore declared forever free. 
 
 DAVID HUNTER, 
 Major General Commanding. 
 Official : 
 
 Ed. W. Smith, Acting Assistant Adjutant General. 
 
 And whereas the same is producing some 
 excitement and misunderstanding, 
 
AND KINDRED SUBJECTS. 
 
 251 
 
 Therefore, I, Abraham Lincoln, President of 
 the United States, proclaim and declare, that the 
 Government of the United States had no knowl- 
 edge, information, or belief, of an intention on 
 the pi?rt of General Hunter to issue such a proc- 
 lamation ; nor has it yet any authentic informa- 
 tion that the document is genuine. And further, 
 that neither General Hunter, nor any other 
 commander, or person, has been authorized by 
 the Government of the United States to make 
 proclamations declaring the slaves of any State 
 tree; and that the supposed proclamation, now 
 in question, whether genuine or false, is 
 altogether void, so far as respects such declara- 
 tion. 
 
 I further make known that whether it be 
 competent for me, as Commander-in-Chief of 
 the Army and Navy, to declare the slaves of any 
 State or States free, and whether, at any time, 
 in any case, it shall have become a necessity 
 indispensable to the maintenance of the Gov- 
 ernment, to exercise such supposed power, are 
 questions which, under my responsibility, I re- 
 serve to myself, and which I cannot feel justi- 
 fied in leaving to the decision of commanders 
 in the field. These arc totally different ques- 
 tions from those of police regulations in armies 
 and camps. 
 
 On the sixth day of March last, by a special 
 message, I recommended to Congress the adop- 
 tion of a joint resolution to be substantially 
 as follows : 
 
 Resolved, That the United States ought to co-operate with 
 any State whicli may adopt a gradual abolishment of slavery, 
 giving to such State pecuniary aid, to be used by such State, 
 in its discretion, to compensate for the inconveniences, pub- 
 lic and private, produced by such change of system. 
 
 The resolution, in the language above quoted, 
 was adopted by large majorities in both 
 branches of Congress, and now stands an au- 
 thentic, definite, and solemn proposal of the 
 nation to the States and people most immedi- 
 ately interested in the subject matter. To the 
 people of those States I now earnestly appeal — 
 I do not argue — I beseech you to make the ar- 
 gument for yourselves — you cannot, if you 
 •would, be blind to the signs of the times — I 
 beg of you a calm and enlarged consideration 
 of them, ranging, if it may be, far above per- 
 sonal and partisan politics. This proposal 
 makes common cause for a common object, 
 casting no reproaches upon any. It acts not 
 the Pharisee. The changes it contemplates 
 would come gently as the dews of Heaven, not 
 rending or wrecking anything. Will you not 
 embrace it? So much good has not been done, 
 by one cft'ort, in all past time, as, in the Provi- 
 dence of God, it is now your high privilege to 
 do. May the vast future not have to lament 
 that you have neglected it. 
 
 In witness whereof, I have hereunto set my 
 hand and caused the seal of the United States 
 to be affixed. 
 
 Done at the City of Washington this nine- 
 teenth day of May, in the year of our Lord 
 one thousand eight hundred and sixty-two, 
 and of the Independence of the United States 
 the eighty-sixth. 
 
 ABRAHAM LINCOLN. 
 By the President: 
 
 William H. Seward, Secretary of State. 
 
 AN ORDER OF MAJOR GENERAL m'dOWELL. 
 
 Headquarters Department of the Rappahannock, 
 Opposite FuEDERiCKSBCRG, Va. , May 26, 1862. 
 [Special Order No. 68.] 
 
 Colonel Meredith, commanding the fifty-sixth Pennsylva- 
 nia volunteers will furnish from his regiment a guard for 
 the house and property of Mr. L. J. Hull'man, who lives 
 near Belle Plain. Colonel Meredith will see that no more 
 corn is taken from Mr. HufTmau, and that no more fencing 
 is disturbed. The guard will be so placed as to make this 
 sure, even if it should be necessary to place a sentinel over 
 every panel of fence. 
 By command of Major General McDowell : 
 
 SAMUEL BBECK, A. A. O. 
 Col. S. a. JlEREDrrH, 
 
 Commanding fifty-sixth Pennsylvania Volunteers. 
 Sent by Mr. Hull'man. 
 I certify that the above is a true copy, 
 
 • E. P. ILVLSTED, Capt., A. A. G. 
 
 an order of general t. williams. 
 
 Headqcarters Second Brigade, 
 Baton Rouge, June 5, 1862. 
 [General Orders No. 46.] 
 
 In consequence of the demoralizing and disorganizing 
 tendencies to the troops of harboring runaway negroes, it 
 is hereby ordered that the respective commanders of the 
 camps and garrisons of the several regiments, second brig- 
 ade, turn all such fugitives in their camps or garrisons out 
 beyond the limits of their respective guards and sentinels. 
 By order of Brigadier General T. Williams : 
 
 WICKHAM H0FF3IAN, 
 Assistant Adjutant General. 
 
 Colonel H. E. Paine, Fourth Wisconsin, de- 
 clined to have his regiment employed " in vio- 
 lation of law for the purpose of returning fugi- 
 tives to rebels," and reported that he could not 
 obey the order. He was then placed under 
 arrest, his command devolving on the next 
 ranking officer. 
 
 Lieutenant Colonel D. R. Anthony, Seventh 
 Kansas, issued this order : 
 
 Headquarters' Mitchell's Brigade, 
 Advance Column, First Brigade, First Division, 
 General Army op the Mississippi, 
 Camp Etheridge, Tennessee, June 18, 1862. 
 [General Orders No. 26.] 
 
 1. The impudence and impertinence of the open and 
 armed rebels, traitors, secessionists, and southern-rights 
 men of this section of the State of Tennessee, in arrogantly 
 demanchng the light to search our camp for fugitive slaves, 
 has become a nuisance, and will no longer be tolerated. 
 
 Officers will see that this classof men, who visit our camp 
 for this purpose, are excluded from our lines. 
 
 2. Should any such person be found within our lines, they 
 will be arrested and sent to headquarters. 
 
 3. Any officer or soldier of this command who shall ar- 
 rest and deliver to his master a fugitive slave shall be sum- 
 marily and severely punished, according to the laws relative 
 to such crimes. 
 
 4. The strong Union sentiment in this section is most 
 gratifying, and all officers and soldiers, in their intercourse 
 with the loyal and those favorably disposed, are requested 
 to act in their usual kind and courteous manner and protect 
 them to the fullest extent. 
 
 By order of D. E. Anthony, Lieutenant Colonel Seventh 
 Kansas volunteers, commanding : 
 
 AV. W. H. LAWRENCE, 
 Captain and Assistant Adjutant General, 
 And was put under arrest. 
 
 SECRETARY OF WAR TO GENER.iL SAXTON. 
 
 War Department, 
 Washington City, D. C, June 16, 1862. 
 
 Sir : You arc hereby assigned to duty in the department 
 of the South, to act under orders of the Secretary of War. 
 You are directed to take possession of all the plantations 
 heretofore occupied by the rebels, and take charge of the 
 inhabitants remaining thereon within the department, or 
 which tho fortunes of war may hereafter bring into it, with 
 authority to take such measures, make such rules and reg- 
 ulations for tho cultivation of the land, and for the protec- 
 tion, employment, and government of tho inhabitants as 
 circumstances may seem to require. 
 
 You are authorized to exercise all sanitary and police 
 
252 
 
 REPEAL OP THE FUGITIVE SLAVE LAWS, 
 
 powers that may be necessary for the health and security j 
 of the persots under your charge, and may imprison or 
 exclude all disorderly, disobedient, or dangerous persons 
 from the limits of your operations. 
 
 The major general commanding the department of the 
 South will bo instructed to give you all the military aid and 
 protection necessary to enable you to carry out the views 
 of the Goveiuraent. You will have the power to act upon 
 the decisions of courts-martial which are called lor the 
 trial of persons not in the military service to the same ex- 
 tent tljat a commander of a department has over courts- 
 martial culled for the trial of soldiers in his department ; 
 and, so far as iho persons above described are concerned, 
 you will also have a general control over the action of the 
 provost marshals. 
 
 It is expressly understood that, so far as the persons and 
 purposes herein specified are concerned, your action will 
 bo independent of that of the other military authorities of 
 the department, and in all other cases subordinate only to 
 the major general commanding. 
 
 In cases of need or destitution of the inhabitants, you are 
 directed to issue such portions of the army rations and 
 such articles of clothing as may be suitable to the habits 
 and wants of the persons supplied, which articles will be 
 furnished by the quartermaster and commissary of the de- 
 partment of the South upon requisitions approved by your- 
 self. It is expected that by encouraging industry, skill in 
 the cultivation of the necessaries of life, and general selt- 
 improvement, you will, as far as possible, promote the 
 real well being of all people under your supervision. 
 
 Medical and ordnance supplies will be furnished by the 
 proper officers, which you will distribute and use according 
 to your instructions. 
 
 You will account regularly with the proper bureaus of 
 this department and report frequently— once a week, at 
 least. Yours, truly, 
 
 EDWIN M. STANTOX, 
 Secretary of War. 
 
 GENERAL INSTRUCTIONS FROM THE PRESIDENT 
 
 through the war office.* 
 
 War Department, 
 Washington, July 22, 1862. 
 
 First. Ordered that military commanders within the 
 States of A'irginia, North Carolina, Georgia, Florida, Ala- 
 bama, Mississippi, Louisiana, Texas, and Arkansas, in an 
 orderly manner seize and use any property, real or personal, 
 which may be necessary or convenient for their several 
 commands, for supplies, or for other military purposes; and 
 that while property may be destroyed for proper military 
 objects, none shall bo destroyed in wantonness or malice. 
 
 Second. That military and naval commanders shall em- 
 ploy as laborers, within and from said States, so many per- 
 sons of African descent as can be advantageously used for 
 military or naval pui-poses, giving them reasonable wages 
 for their labor. 
 
 Third. That, as to both property, and persons of African 
 descent, aeccounts shall be kept sufficiently accurate and in 
 detail to show quantities and amounts, and from whom both 
 property and such persons sliall have come, as a basis upon 
 which compensation can be made in proper cases; and 
 the several departments of this GovernRicnt shall attend to 
 and perform their appropriate parts towards the execution 
 of these orders. 
 
 By order of the President : 
 
 EDWIN M. STANTON, 
 
 Secretary of War. 
 
 GEN. M'CLELLAn'S PROMULGATION OP IT. 
 
 August 9, 1862 — Major General McClellan, 
 from his headquarters at Harrison's Landing, 
 promulgated this order, with directions for its 
 observance. We quote several pertinent para-, 
 graphs : 
 
 Inhabitants, especially women and children, remaining 
 peacenhly at their litsmes, must not be molested; and 
 vberever commanding officers find families peculiarly ex- 
 p )sed in their persons or property to marauding from this 
 army, tliey will, as heretofore, so far as they can do with 
 e.ifety and without detriment to the service, post guards 
 for their protection. 
 
 In protecting private property, no reference is intended 
 to persons held to service or labor by reason of African de- 
 
 * The issue of this Order is one of the reasons given 
 by Jefferson Davis for his Order of August 1, 1S62, direct- 
 ing th.at the commissioned officers of Pope's and Steinwehr's 
 commands bo not entitled, when captured, to bo treated as 
 Boldiers, and entitled to the benefit of the cartel of exchange. 
 
 scent. Such persons will be regarded by th'a army, as they 
 heretofore have been, as occupying simply a peculiar legal 
 status under State laws, which condition the military au- 
 thorities of the United tftates are not required to regard at 
 all in districts where military operations are made neces- 
 sary by the rebellious action of the State governments. 
 
 Persons subject to suspicion of hostile purposes, residing 
 or being near our forces, will be, as heretofore, subject to 
 arrest and detention, until the cause or necessity is re- 
 moved. All such arrested ])artieswill be sent, as usual, to 
 the Provost Marshal General, with a statement of the facts 
 in each case. 
 
 The general commanding takes this occasion to remind 
 the officers and soldiers of this army that we are engaged 
 ill supporting the Constitution and the laws of the United 
 States and suppressing rebellion against their authority; 
 that we are not engaged in a war of rapine, revenge, or 
 subjugation ; that this is not a contest against populations, 
 but against armed forces and political organizations; that 
 it is a struggle carried on with the United states, and should 
 be conducted by us upon the higLiest principles known to 
 Christian civilization. 
 
 Since this army commenced active operations, persons of 
 African descent, including those held to service or labor 
 under State laws, have always been received, protected, and 
 employed as laborers at wages. Hereafter it shall be the 
 duty of the Provost Marshal General to cause lists to be 
 made of all persons of African descent employed in this 
 army as laborers for military purposes — such lists being 
 made sufficiently accurate and in detail to show from whom 
 such persons shall have come. 
 
 Persons so subject and so employed have always under- 
 stood that after being received into the military service of 
 the United States, in any capacity, they could never be re- 
 claimed by their former holders. Except upon such under- 
 standing on their part the order of the President, as to this 
 class of persons, would be inoperative. The general com- 
 manding therefore feels authorized to declare to all such 
 employees, that they will receive permanent miUtary pro- 
 tection against any compulsory return to a condition of 
 servitude. 
 
 By command of Major General McClellan : 
 
 S. WILLIAMS, 
 Assistant Adjutant General. 
 
 MAJOR GENERAL BUTLER AND BRIGADIER GENERAL 
 PHELPS. 
 
 August 2, 1862 — Major General Benjamin F. 
 Butler, commanding Department of the Gulf, 
 declined to approve of the conduct of Brigadier 
 General J. W. Phelps, in organizing five com- 
 panies of negroes, whom he proposed to arm 
 and equip, upon the ground that the President 
 alone had the authority to employ Africans in 
 arms, and that he had not indicated this pur- 
 pose. General Phelps resigned his commission 
 in consequence. 
 
 reply of the war departirent on the case. 
 
 War Department, 
 Washington City, July 3, 1862. 
 
 General : I wrote you last under date of the 29th ultimo, 
 and have now to say that your dispatch of the ISth ultimo, 
 with the accompanying report of General Phelps, concern- 
 ing certain fugitive negi'oes that have come to his pickets, 
 has been considered by the President. 
 
 Ho is of opinion that under the law of Congress they can- 
 not be sentljack to their master; that in common humanity 
 they must not be permitted to suffer for want of food, shel- 
 ter, or other necessaries of life ; that to this end they should 
 be provided for by the quartermaster's and commissary's 
 departments, and that those who are capable of labor should 
 be set to work and paid reasonable wages. 
 
 In directing this to be done, the President does not mean, 
 at present, to settle any general rule in respect to slaves or 
 slavery, but simply to provide for the particular case under 
 the circumstances in which it is now presented. 
 
 I am, General, very respectfully, your obedient servant, 
 EDWIN M. STANTON, 
 Secretary of War. 
 Major General B. F. Butler, 
 
 Commandinff, <£c.. New Orleans, Louisiana. 
 
 THE president's ORDER TO GEN. SCHOFIELD. 
 Oct. 1, 1863. 
 
 * * Under your recent order, which 
 I have approved, you will only arrest individ- 
 uals, and suppress assemblies or newspapers, 
 
AND KINDRED SUBJECTS. 
 
 253 
 
 when they may be working palpable injury to 
 the military in your charge ; and in no other 
 case will you interfere with the expression of 
 opinion in any form, or allow it to be inter- 
 fered with violently by others. In this you 
 have a discretion to exercise with great caution, 
 calmness, and forbearance. * * * 
 
 I think proper, however, to enjoin upon you 
 the following : Allow no part of the military 
 under your command to be engaged in either 
 returning fugitive slaves, or in forcing or en- 
 ticing slaves from their homes ; and, so far as 
 practicable, enforce the same forbearance nipon 
 the people. 
 
 Report to me your opinion upon the availa- 
 bility for good of the enrolled militia of the 
 State. Allow no one to enlist colored troops, 
 except upon orders from you, or from here 
 through you. 
 
 Allov/ no one to assume the functions of con- 
 fiscating property, under the law of Congress, 
 or otherwise, except upon orders from here. 
 
 At elections see that those and only those, 
 are allowed to vote, who are entitled to do so 
 by the laws of Missouri, including as of those 
 laws the restrictions laid by the Missouri Con- 
 vention upon those who may have participated 
 in the rebellion. 
 
 GENERAL TUTTLE's OKDERS AT NATCHEZ, MISS., 
 March 19, 1SG4. 
 
 Natchez, Miss., February 16, 1864. 
 [General Order No. 2.] 
 
 * * From henceforward, all contraband negroes of 
 Natchez are forbidden from the renting of houses, and 
 living to themselves, but are required to secure legitimate 
 employment with responsible respectable persons, or other- 
 wise be sent to the contraband encampment. Those hiring 
 them are expected to aid in the enforcement of the foregoing 
 regulations by the proper employment of them in their 
 familii'S or metsos. 
 
 The congr' gdlion of so many negroes in one house, with 
 their filtliy iind lazy habits, (us the undersigned has found 
 to bo the case,) if continued, will eventually prove fatal to 
 the health of the city. 
 
 All owners or renters of houses are forbidden the renting 
 or sub-renting of the same to contraband negroes under a 
 penalty for so doing. Otherwise it will be impossible for 
 the undersigned to carry out a system of sanitary regula- 
 tions essential to the well being of the city. 
 
 By order of A. W. Kelley, Surgeon and Itealth Officer: 
 T. A. RALSTON, 
 A. A. Gen. Post. 
 
 Natchez, (Miss.,) 3farch 19, 1864. 
 
 To preserve the general health of the troops stationed in 
 the city of Natchez and of the inhabitants, and to guard 
 against the origination here, and the introduction of pesti- 
 lential diseases the ensuing summer and autumn, it im- 
 peratively requires the prompt, vigorous, and steady enforce- 
 ment of the sanitary regulations heretofore prescribed in 
 this city. 
 
 It is of the first and greatest importance and necessity 
 that all causrs lending to the engeuderiug and dissemina- 
 tion of pestilential diseases here, so soon as their existence 
 is known, shall be at ouce abated or removed, so far as 
 practicable. It is to be apprehended that serious danger 
 to the health of this city will result from the congregation 
 within its limits of the large number of idle negroes which 
 now throng the streets, lanes, and alleys, and overcrowd 
 every hovel. Lazy and profligate, unused to caring for 
 themselves ; thriftless lor the present, and recklessly im- 
 provident of the future, the most of them loaf idly about 
 the streets and alleys, prowling in secret places, and lounge 
 lazily in crowded hovels, which soon become dens of 
 noisome fllth, the hot-beds fit to engender and rapidly dis- 
 seminate the most loathsome and malignant diseases. 
 
 To prevent these evil effects, it is hereby ordered that 
 after the first day of April, 1864, no contraband shall be 
 allowed to remain in the city of Natchez, who is not em- 
 ployed by some responsible white person in some legiti- 
 mate business, and who does not reside at the domicil of 
 his or her employer ; and no contraband will be allowed to 
 
 hire any promises in the city for atiy purpose whatever, 
 and no other person will be allowed to hire such premises 
 for the purpose of evading this order, nor allowed to hire 
 or harbor any contraband who cannot satisfy the health 
 officer that ho or she needs the services of said contraband 
 in some legitimate employment. All contrabands remain- 
 ing in the city in contravention of this order alter April 1st 
 will be removed to the contraband ciicanipmcnt. 
 
 The word contraband is hereby defined to mean all per- 
 sons formerly slaves who are not now in the employ of 
 their former "owners. 
 
 Persons drawing rations from the United States Govern- 
 ment are not supposed to need any hiicd servants. The 
 number allowed to each family will bo determined by the 
 undersigned. 
 
 By order of A. W. Kelly, Surgeon and llealth Officer. 
 Approved : 
 
 J. M. TUTTLE, Brig. Gen. CmtCg District. 
 
 Headquaktehs of Defences, 
 New Orleans, March 24, 1864. 
 Citizens having colored people in their en)ploy, who are 
 superfluous or insubordinate, will be promptly relieved of 
 them by reporting the fact to Col. Uanks, buperintendeut 
 of Negro Labor. 
 
 Office Provost Maksh.u,, 
 Pamshes of Jefferson and St. Charles, La. 
 Caueollton, Nari:h 28, 18(i4. 
 * * The Provost Marshal of the Parish of Jefferson is 
 also charged with the execution of General Order No. 12, 
 Headquarters of Defences of New Orleans, March 24, 1864, 
 so far as it relates to its execution within this district. All 
 persons within this district are requested to report at once 
 to his office the names of their colored servants of either 
 sex, in order that he may give them an employment certifi- 
 cate, and all colored people of either sex who shall not on 
 the first of April have such certificate in their possession 
 will be considered unemployed, the males organized into 
 squads and companies for labor on the parapet, and the fe- 
 males turned over to Col. Hanks. 
 By command of Brig. Gen. Roberts: 
 
 R. SKINNER, First Lieut, 
 loth U. S. Infantry, A. D. C. and A. A. A. G. 
 R. B. BROWN, 
 Colonel and Provost Marshal. 
 
 RESOLUTION OF INQUIRY. 
 
 First Session, Thirty-Eighth. Congress. 
 IN HOUSE. 
 
 18C4, May 16 — Mr. Gkinnell offered this reso- 
 lution which was adopted : 
 
 Pesolved, That the committee on the conduct of the wat 
 be instructed to inquire as to the occasion of the military 
 order of Brigadier General J. M. Tuttlo for the government 
 of the city of Natchez, Mississippi, which forbids any con- 
 traband remaining in the city of Natchez who is not em- 
 ployed by some responsible white person ; and also forbids 
 any contraband from hiring any house in said city ; whereby 
 hundreds of children have been taken from the schools 
 and many of the families of soldiers have been delivered to 
 slavery. 
 
 PROPOSED CENSURE OF GEN. HALLECK's ORDER. 
 
 Second Session, Thirty-Seventh Congress. 
 1861, Dec. 9— Mr. Lovejot ollered a reso- 
 lution requiring the Secretary of War to revoke 
 the first section of General Ilalleck's order, No. 
 3, Nov. 20, 18G1. 
 
 A motion to table the resolution was lost — 
 yeas 63, nays G8, as follows : 
 
 Yeas — Messrs. AUrn, Jiirn»i). Ji '^rph r.aily, BiildJe, 
 Jacob li. Bhih; Oeorrje J I. / I \' i i !■ iii'iwn, Burn- 
 
 ham, Co'^?), C().r, Cracoi^, ( ' . n.iwes, De- 
 
 lano, Dun/ap, Dunn, J • . llardinq, 
 
 Harrison, i7o/»i«?!, Ilortdu, ./ WiIm m Kellogg, Kil- 
 
 MngQT, Law, Lazear, Leary, Lclnnaii, Me K night, McPher- 
 son, Malloj-i/, Maynard, Mcnzies, Nixon, Nohle, A'ocll, iWr- 
 tm, Odell, Olin, Pendleton, Richardson, Robinson, Sheffield, 
 Shellabarger, Shiel, Smith, John B. Steele, William G. Sltele, 
 Stratton, Benjamin F. Thomas, Francis Thomas, Upton, 
 Vallandigham, yVadsworth, Webster, Chilton A. While, 
 Wickliffe, Wood, Woodruff, Wright— 63. 
 
 Nats— Messrs. Aldrich, Alley, Ashley, Babbitt, Goldsmith 
 F. Bailey, Baker, Baxter, Bingham, Francis P. Blair, Sam- 
 
254 
 
 REPEAL OP THE FUGITIVE SLAVE LAWS, 
 
 nel S. Blair, Blake, BufBnton, Chamberlain, Clark, Colfax, 
 Frederick A. Conkling, Iloscoe Conkling, Conway, Davis, 
 Diven, Duell, Edgerton, Edwards, Eliot, Fenton, Fessenden, 
 Franchot, Frank, Gooch, Granger, Gurley, Ilutchins, Julian, 
 Kelley, Lansing, Looniis, Lovejoy, Moorhead, Anson P. 
 Morrill, Justin S. Morrill, T. G. Phelps, Pomeroy, Porter, 
 Potter, Alexander II. Rice, Riddle, Edward H. Rollins, 
 Sargent, Sedgwick, Shanks, Sherman, Sloan, Spaulding, 
 Stevens, Train, Trimble, Trowbridge, Vandever, Van Horn, 
 Van Wyck. Wall, Wallace, Charles W. Walton, E. P. Wal- 
 ton, Washburne, Wheeler, Wilson, Worcester — 68. 
 
 Mr. Lovejoy then modified this resolution 
 BO as to "request" (instead of "requiring") 
 the Secretary of War to revoke it, 
 
 When Mr. Lansing, of New York, offered the 
 following as a substitute, which Mr. Lovejoy 
 accepted : 
 
 Whereas Major General Ilalleck, of the western depart- 
 ment, has issued an order prohibiting negroes from coming 
 within the lines of our army, and excluding those already 
 under the protection of our troops , and whereas a different 
 policy and practice prevails in other departments, by the 
 direct sanction of the Administration ; and whereas said 
 order is cruel and inhuman, and in the judgment of this 
 House based upon no military necessity: Therefore, 
 
 Resolved, That the President be respectfully requested to 
 direct General Ilalleck to recall said order, or cause it to 
 conform with the practice of the other departments of the 
 army. 
 
 Dec 11 — The whole subject was then laid on 
 the table — yeas 18, nays 64, as follows : 
 
 Yeas — Messrs. Alkn. Ancona, Joseph Baily, Biddle, Fran- 
 cis P. Blair, Jacob B. Blair, George II. Browne, William G. 
 Brown, Burnham, Calvert, Cnob, Cooper, Cox, Cravens, Cris- 
 fieW., Criltenden, Delano, Ddaplaine, Diven, Dunlap, Dunn, 
 English, Fisher, Foulce, Granger, Gridcr; Haight, Hanchett, 
 Harding, Harrison, jHbJ2»an, IIorton,Jb/inso«, William Kel- 
 logg, Killinger, Law, Lazear, Leary, Lehman, McPherson, 
 Mallory, Maynard, Men:ies, Morris, Nixon, Noble, Noell, 
 Norton, Odell, Olin, Pendleton, Perry, T. G. Phelps, Porter, 
 Alexander 11. Rice, Richardson, Riddle, Robinson, Sheffield, 
 Shellabarger, Shiel, Smith. John B. Steele, William G. Stexle, 
 Stratton, Benjamin F. Thomas, Trimble, Upton, Vallan- 
 dirjham, Vonrhccs. Wadsworth, Ward, Webster, Whaley, 
 Chilton A. White, Wickliffe, Woodruff, Wright^1%. 
 
 NaTs — Messrs. Alley, Arnold, Ashley, Babbitt, Goldsmith 
 F. Bailey, Baker, Baxter, Bingham, Blake, Buffinton, Camp- 
 bell, Chamberliiin, Clark, Colfax, Frederick A. Conkling, 
 Roscoe Conkling, Conway, Covode, Davis, Dawes, Duell, Ed- 
 gerton, Edwards, Eliot, Fenton, Fessenden, Franchot, Frank, 
 Gooch, Goodwin, Hooper, Hutchins, Julian, Kelley, Fran- 
 cis W. Kellogg, Lansing, Loomis, Lovejoy, Moorhead, Anson 
 P. Morrill, Justin S. Morrill, Patton, Pike, Potter, Edward 
 H. Rollins, Sedgwick, Shanks, Sherman, Sloan, Spaulding, 
 Stevens, Train, Trowbridge, Van Horn, Van Wyck, Wall, 
 Wallace, Charles W. Walton, E. P. Walton, Washburne, 
 Wheeler, Albert S. White, Wilson, Worcester— 6i. 
 
 LEGISLATION PKOHIDITING THE EXISTENCE OF 
 SLAVERY IN TERRITORIES, ETC. 
 
 Second Session, Thirty-Seventh Congress. 
 
 IN HOUSE. 
 
 18G2, May 12— Mr.LovEJOT proposed thisbill, 
 
 being a substitute for one previously reported by 
 
 him, and introduced by Mr. Isaac N. Arnold : 
 
 To the end that freedom may he and remain forever the 
 fundamental law of thi: land in all places whatsoever, so 
 far as it lies within the powers ur depends upon the action 
 of the Gciverumeut of the United States to make it so; 
 Therefore, 
 
 Be it enacted by the Senate and House of Representatives 
 of the United States of America in Congress assembled, That 
 slavery or involuntary servitude, in all cases whatsoever, 
 inther than in the punishment of crime, whereof the party 
 shall have been duly convicted,) shall henceforth cease, and 
 b,; prohibited forever in all the Territories of the United 
 States, now existing, or hereafter to be formed or acquired 
 in any way. 
 
 Mr. Cox moved that it be tabled ; which was 
 rejected — yeas 49, nays 81; and the bill was 
 then passed — yeas 85, nays 50, as follows : 
 
 Yeas— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baker, Baxter, Beaman, Bingham, Francis P. Blair, Samuel 
 8. Blair, Blake, Buffinton, Campbell, Chamberlain, Clark, 
 
 Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler, 
 Davis, Dawes, Delano, Diven, Duell, Dunn, Edgerton, 
 Edwards, Eliot, Ely, Fenton, Fessenden. Franchot, Frank, 
 Gooch, Granger, Hale, Harrison, Hickman, Hooper, Horton, 
 Hutchins, Jnliau, Kelley, William Kellogg, Lansing, 
 Loomis, Lovejoy, McKnight, JlcPherson, Mitchell, Moor- 
 head, Anson P. Morrill, Justin S.Morrill, Olin, Pike, Por- 
 ter, Potter, Alexander H. Rice, John H. Rice, Riddle, 
 Edward H. Rollins, Sargent, Sedgwick, Shanlcs, Shef- 
 field, t^hellabarger, Stevens, Stratton, Benjamin F. Thomas, 
 Train, Trimble, Trowbridge, Van Horn, Verree, Wall, Wal- 
 lace, Charles W. Waltou, E. P. Walton, Washburne, 
 Wheeler, Albert S. White, Wilson, Windom, Worcester 85. 
 Nays — Messrs. Allen, Ancona, Joseph Baily, Biddle, Jacob 
 B. Blair, George H. Browne, Wm. G. Brown. Calvevt. Casey, 
 Clements, Cobb, Cox, Cravens, Crisfieid, Crittenden. Dunlap, 
 English, Grider, Haight, Hall. Harding, IIol man, Johnson, 
 Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mallory, 
 Maynard, ilemits, Morris, Noell, Odell, Perry, John S. 
 Phelps, Richardson, Robinson. Segar. John B. Steele, Wm. G. 
 Steele, Francis Thomas, Vibbard. Voorhees, Wadsworth,- 
 I I'artZ, Webster, Wickliffe, Woodruff— bO. 
 
 As originally reported the bill proposed that 
 slavery should cease in all the Territories ; the 
 forts, arsenals, dock-yards, &c., of the United 
 States ; in all vessels on the high seas, and "in 
 all places where the national Government is 
 supreme, or has exclusive jurisdiction or power." 
 A motion to table it was rejected — yeas 50, 
 nays 64. 
 
 May 9 — Mr. Lovejoy offered a pubstitute, con- 
 taining the other proposition and this addition : 
 Sec. 2. That any person now held or attempted to be 
 held hereafter as a slave in any of the places al'ove named 
 is hereby declared to be free, and the right to freedom 
 hereby declared may be assorted in any of the courts of tbe 
 United States or of the several States, in behalf of the party, 
 or hLs or her posterity, after any lapse of time. 
 
 A motion to table the bill was rejected — yeas 
 50, nays 65. 
 
 May 12 — Modified and passed without the 
 preamble. 
 
 IN SENATE. 
 June 9 — The bill was reported amended by 
 inserting this substitute : 
 
 That from and after the passage of this act there shall be 
 neither slavery nor involuntary servitude in any of the Ter- 
 ritories of the United States now existing, or which may at 
 any time hereafter be formed or acquired by the United 
 States, otherwise than in punishment of crimes whereof the 
 party shall have been duly convicted. 
 
 And was passed — yeas 28, nays 10, as fol- 
 lows : 
 
 Yeas — Messrs. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Cowan, Dixon, Fessenden, Foot, Foster, Grimes, Hale, 
 Harlan, Harris, Howard, Howe, King, Lane of Indiana, 
 Pomeroy, Rice, Simmons, Sumner, Ten Eyck, Trumbull, 
 Wade, Willdnson, Wilmot, Wilson of Massachusetts — 28. 
 
 Nays — Messrs. Carlile, Davis, Kennedy, Latham, McDou- 
 gall, Nesmith, Powell, Saulsbury, Stark, yVright—10. 
 
 June 17 — The House concurred in the amend- 
 ment of the Senate — yeas 12, nays 38. 
 
 IN THE TERRITORY OF MONTANA. 
 
 Third Session, Thirty-Seventh Congress. 
 
 IN HOUSE. 
 1863, February 12— Mr. Ashley, from the 
 Committee on Ten-itories, reported a bill to 
 provide a temporary government for the Terri- 
 tory of Montana. 
 
 Mr. Cox moved to strike out the proviso to 
 the sixth section, as follows : 
 
 Provided, That whereas slavery is prohibited in said 
 Territory by act of Congress of Jnne 19, 1862, nothing 
 herein contained shall be construed to authorize or permit 
 its existence therein. 
 
 Which was disagreed to — yeas 39, nays 96, as 
 follows : 
 Y£AS— Messrs. William Allen, Ancona, Baily, Biddle, OaU 
 
AND KINDRED SUBJECTS. 
 
 255 
 
 Vfrt, Cobh, Cox, Cristfidd, Grider, Hall, Harding, Eolman, 
 Kerrigan, Knapp, Law, Slallory, Memies, Morris, Noble, 
 Ifbrtm, Nugen, PendUtm, Price, Robinson, Segar, Shiel, 
 Smith, John B. Steele, Wm. G. Steele, Stiles, Vallandigham, 
 Voorhees, Wadsworth, Webster, ChiUon A. White, Wiclc- 
 liffe. Woodruff, Wright, Teaman— Zi. 
 
 Nats— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baxter, Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, 
 Blake, William G. Brown, Buffinton, Chamberlain, Claris, 
 Clements, Colfax, Frederick A. Conkling, Conway, Covodc, 
 Cutler, Davis, Dawes, Delano, Dunn, Edgerton, Eliot, Ely, 
 Fenton, Samuel C. Fcssenden, Thomas A. D. Fessendon, 
 Fisher, Franchot, Frank, Gooch, Goodwin, Granger, Gurley, 
 Haight, Harrison, Hickman, Horton, Julian, Kelley, Fran- 
 cis W. Kellogg, William Kellogg, Lansing, Lehman, Loomis, 
 Lovejoy, Low, Mclndoe, McKean, McKnight, Maynard, 
 Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, 
 Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, 
 Potter, Alexander H. Piice, John IL Kice, Riddle, Edward 
 H. Rollins, Sargent, Shanks, Sheffield, Shellabarger, Sher- 
 man, Sloan, Spaulding, Stevens, Benjamin F.Thomas, Fran- 
 cis Thomas, Train, Trimble, Trowbridge, Van Horn, A'^an 
 Valkenburgh, VanWyck, Vcrree, Walker, Wallace, Walton, 
 Washburne, Wheeler, Albert S. White, Wilson, Windom — 96. 
 
 First Session, Thirty-Eighth Congress. 
 1864, March 17 — The House considered the 
 bill to enable the people of Colorado to foi-m a 
 Constitution and State Govei-nment, when 
 
 Mr. Mallory moved to strike trom the fourth 
 section this clause : 
 
 First. That there shall be neither slavery nor involuntary 
 servitude in the said State otherwise than in the punish- 
 ment of crimes, whereof the party shall have been duly 
 convicted. 
 
 Which was disagreed to — yeas 18, nays 87, 
 as follows : 
 
 Yeas— Jlessrs. .Tames C. Allen, Ancona, Chanter, Cox,Da7V- 
 scm. Venison, Eldridge, Hall, Harding, Knapp, Long, Hal- 
 lonj, William U. Miller, Morrison, John O'Neill, Rogers, 
 Ross, Slilcs— IS. 
 
 Nays — Messrs. Allison, Ames, Anderson, Arnold, Ashley, 
 Baily, Augustus C. Baldwin, John D. Baldwin, Baxter, 
 Beaman, Francis P. Blair, jr., Jacob B. Blair, Blow, Bout- 
 well, Boyd, Broomall, James S. Brown, Ambrose W. Clark, 
 Cobb, Cole, Henry Winter Davis, Thomas T. Davis, Dawes, 
 Donnelly, Urig;is, Dumont, Eckley, Eliot, Farnsworth, Fen- 
 ton, Frank, Gai litdd, Gooch, Griswold, Higby, Hotchkiss, 
 John H. Hubbard, Hutchins, Jenckes, Julian, Kasson, Kel- 
 ley, Francis \Y. Kellogg, Kernan, Longyear, Marvin, J/c- 
 Allister, McBride, BloCliu-g, Mclndoe, S. F. Miller, Mooi head, 
 Daniel Morris, Amos Myers, Leonard Myers, Norton, Odell, 
 Charles O'Neill, Orth, Perham, Pike, Price, Alexander H. 
 Bice, John H. Rice, James S. Rollins, Scofield, Shannon, 
 Smith, Smithers, Spalding, Starr, Stevens, Sweat, Thayer, 
 Thomas, Tracy, Upson, Van Valkenburgh, Ellihu B. Wash- 
 burne, William B. Washburn, Webster, Whaley, Williams, 
 Wilder, Wilson, Windom, Woodbridge — 87. 
 
 Proposed Amendment of the Consti- 
 tution. 
 IN SENATE. 
 
 1864, January 11 — Mr. Hendeeson ofTei-ed 
 this joint resolution, which was referred to the 
 Committee on the Judiciary, proposing amend- 
 ments to the Constitution : 
 
 Be it resolved, d}c., That the following articles be proposed 
 as amendments to the Constitution of the United States, 
 which , when adopted by the Legislatures of three-fourths of 
 the several Stales, shall be valid, to all intents and pur- 
 poses, as a part of the said Constitution, to wit : 
 
 Article 1. Slavery or involuntary servitude, except as a 
 punishment for crime, shall not exist in the Uniled States. 
 
 Article 2. The Congress, whenever a majority of the 
 members elected to each house shall deem it necessary, may 
 propose amendments to tho Constitution, or, on the appli- 
 cation of the Legislatures of a majority of the several Slates, 
 shall call a convention for proposing amendments, which in 
 cither case shall bo valid, to all intents and purposes, as 
 pari; of the Constitution, when ratified by the Legislatures 
 of two-thirds of the several States, or by conventions in two- 
 thirds thereof, as the one or the other mode of ratification 
 may be proposed by Congress. 
 
 1864, Feb. 8 — Mr. Sumnek. introduced this 
 
 joint resolution, which was similarly r^ %r- 
 red: 
 
 Be it resolved, <£c., That the following article bo proposed 
 to the Legislatures of the several States as an amendment 
 to the Constitution of the United States, whicli, when rati- 
 fied by tlu-ee fourths of such Legislatures, shall become a 
 part of the Constitution, to wit : 
 
 Article — . Everywhere within the limits of the United 
 States, and of each State or Territory thereof, all persons 
 are equal before the law, so that no person can hold another 
 as a slave. 
 
 Mr. Saulsbdry moved to postpone it indefi- 
 nitely ; which was disagreed to — yeas 8, nays 
 31, as follows: 
 
 Yeas — Messrs. Buchalew, Carlile, Davis, Harding, Hen- 
 driclcs, Powell, Saulsbury, Wright — 8. 
 
 Nays — Messrs. Anthony, Chandler, Clark, CoUamer, Con- 
 ness. Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, 
 Grimes, Hale, Harlan, Harris, Howard, Howe, Johnson, 
 Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, 
 Pomeroy, Ramsey, Sherman, Sprague, Sumner, Trumbull, 
 Van Winkle, Wilson— 31. 
 
 Feb. 9 — Mr. Powell introduced the follow- 
 ing joint resolution, (embodying, as he stated, 
 the view of Judge Nicholas, of Kentucky, ) which 
 was referred to the Committee on the Judiciary : 
 
 Resolved by the Senate and House of Representatives of 
 
 the United States of America in Congress assembled. That 
 
 the Constitution of the United States be amended as follows: 
 
 Article No. — . 
 
 Sec. 1. Congress shall at its first session after the adop- 
 tion of this amendment, and from time to time thereafter, 
 apportion among the several States tlio electors of Presi- 
 dent and Vice President according to the following ratio of 
 population in Federal numbers : One elector to each State 
 having less than a million ; two to each State having ono 
 but less than two million ; three to each having two but 
 less than three million ; four to each having throe but less 
 than four million ; five to each having four but less than six 
 million; six to each having six but less thaiL^ight milUon; 
 and seven to each having eight million of population. Each 
 State having but one elector shall be an electoral district, 
 and each of the other States shall be divided by Congress 
 into districts equal to the number of its electors, to be 
 composed of coterminous territory, and as near as may be 
 the districts to have equality of population. 
 
 Sec. 2. The voters of each district, qualified to vote for 
 members of the most numerous branch of its Legislature, 
 shall elect an elector. 
 
 The election for electors shall be held during the month 
 of October next proceeding the commencement of any pres- 
 idential term. 
 
 The several State Legislatures shall prescribe the time 
 and manner for holding those elections and making returns 
 thereof; also, for deciding them when contested, and making 
 new elections therein; but Congress may discharge this 
 duty, in whole or in part, when deemed necessary. 
 
 Sec. 3. Tho electors shall convene in the Senate Chamber 
 at the seat of Government, at noon of tlie first Monday in 
 February next preceding the commencement of the ensuing 
 presidential term, and form an electoral college. 
 
 Two thirds of all the electors elected shall be a quorum 
 of the college. 
 
 Tho Chief Justice of tho United States, or in his absence 
 the President of the Senate, or in the absence of both, the 
 Speaker of the House of Representatives shall bo the pre- 
 siding oflicer of the college. 
 
 Tho presiding oiiicer shall cause all the electors elected, 
 whether present or not, to be listed in tho alphabetical order 
 of their names, and in that order divide them into six classes 
 of equal numbers, distributing by lot separately among the 
 several classes such electors at the bottom of the list, if 
 any, as are left out in the division. 
 
 He shall by lot, under the supervision of ono from each 
 class, designate the several classes by numbers from one 
 to six. 
 
 When a quorum is present he shall announce that the 
 college is formed, and note the time at which the enuncia- 
 tion is made ; but, when necessary, tho enunciation shall bo 
 postponed until after tlie verification, by a majority of 
 the electors present, of the returns and qualifications of 
 members. 
 
 Sec. 4. After the college is formed tho electors present of 
 each class shall choose an elector from tlio class next suc- 
 ceeding it in number, except class six, wliich sliall choose 
 from class one. 
 
 In open session of tho collego the presiding officer, under 
 the supervision and control of tho six bo clioseu, or a ma- 
 
256 
 
 REPEAL OF THE FUGITIVE SLAVE LAWS, 
 
 Jority of them, shall cause two of those six to be designated 
 by lot. 
 
 From those two the college shall choose one, who shall be 
 President for the next ensuing term of four years, and the 
 other shall be the Vice President for that term. 
 
 The voting by class or college shall be viva voce in open 
 session of the colle!!;e. 
 
 In cases of tie, tlic casting vote shall be given by the pre- 
 siding officer, who, if he bo also an elector, shall not vote 
 except in cases of tie. 
 
 The college may adopt rules for expediting a decision 
 by the several classes, and to prevent more than two per- 
 sons from receiving an equality of votes on the final vote 
 of a class. 
 
 If there be a failure to choose one of the six from any 
 class within the time prescribed by the college, the mem- 
 bers of that class shall themselves make the choice. 
 
 There shall be no reconsideration of a vote given. 
 
 Sec. 5. If the college fail, except from exterior violence 
 or intimidation, to make an election of President and Vice 
 President within twenty-four hours from the time when the 
 college was formed, it shall be dissolved, and the offices of 
 its electors vacated. 
 
 Thereupon the presiding officer shall order a new election 
 of electors on any day. not less than thirty from the date 
 of his proclamation, and at least thirty before the next 
 month of June, which election shall be held, and the electors 
 chosen shall convene at the time and place designated by 
 the proclamation, and proceed to the election of a President 
 and Vice President as before directed, within twenty-four 
 hours from the time of their formation into a college, and 
 under like penalty for tluMr tViilurp. 
 
 Should the failure tool'- I ! ■.; u l l.y exterior violence 
 or intimidation, the functin •'.';■ li;-' shall notecase, 
 
 but it shall reconvene wlii n aii 1 ■. i. ;- a majority of its 
 members shall by proclamaiiuu uiiL-ci, and make or com- 
 plete an election as before directed, within the time speci- 
 fied, under like penalty. 
 
 Sec. 6. Should no election of President and Vice Presi- 
 dent be made by an electoral college before the 1st day of 
 June next ensuing the commencement of a presidential 
 term, the iSenate of the United States shall convene in its 
 Chamber at noon of the first Monday in July next thereaf- 
 ter, constitute all its elected members, whether present or 
 not, into an electoral college, as though each Senator had 
 been elected an elector, and proceed in all respects as be- 
 fore directed, within twenty-four hours, to choose a Presi- 
 dent and Vice President to fill the vacancy. 
 
 Should the Senate fail to elect, the discharge of the duties 
 of President and A'ico President for the residue of that term 
 shall devolve upon such officers of the Government as Con- 
 gress shall have theretofore directed. 
 
 Skc. 7. No office shall be incompatible with that of an 
 elector except the office of Chief Justice of the United States. 
 
 Sec. 8. An act or resoluVion passed by Congress, which 
 shall be returned by the President with his objections, shall 
 be valid wthout his signatiure, if repassed by each House of 
 Congress by a vote equal to a majority of all the members 
 elected thereto. 
 
 Sec. 9. It shall not be deemed compatible with the duty 
 of a President habitually to use the patronage of his office 
 for the special advantage of any partitular political party, 
 or to suffer the patronage of any subordinate office so to be 
 used. 
 
 Sec. 10. Should a vacancy occur in both the office of Pres- 
 ident and in that of Vice President wliile there are two 
 years remaining of the then presidential term, the Chief 
 Justice of the United States, or in his absence the Secretary 
 of State, shall convene the electoral college after thu-ty days' 
 notice by proclamation, who shall fill the vacancies for the 
 remainder of the term in all respects as if it were an original 
 election. 
 
 Sec. 11. Every elector, before entering on the duties of 
 his office, shall, by oath or affirmation, promise to support 
 the Constitution of the United States, and declare that he 
 has not, and will not, pledge liis vote as an elector in favor 
 of any person or toward aiding any political party. 
 AMENDMENT FOR THE EXTINCTION OF SLAVERY. 
 
 1864, February 10 — Mr. Teumbdll, from the 
 Committee oq the Judiciary reported a joint 
 resolution ; 
 
 Be it resolved, <Cc., Tliat 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 : 
 
 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. 
 
 Sec. 2. Congress shall have power to enforce this article 
 by appropriate legislation. 
 
 April 5 — Mr. Davis moved to strike out the 
 above and insert — 
 
 No negro, or person whose mother or grandmother is or 
 was a negro, shall be a citizen of the United States, or be 
 eligible to any civil or military oftice, or to any place of 
 trust or profit under the United States. 
 
 Which was disagreed to — yeas 5, nays 32, as 
 follows : 
 
 Yeas— Messrs. Buclcaleiv, Davis, Powell, Riddle, SauU- 
 hury — 5. 
 
 Nats — Messrs. Anthony, Chandler, Clark, Collamer, Con- 
 ness, Dixon, Doolittle, Fessenden, Foot, Grimes, lVji\e,Har- 
 ding, Harlan, Harris, Howard, Howe, Johnson, Lane of In- 
 diana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, 
 Sherman, Sprague, Sumner, Ten Kyck, Trumbull, Van 
 Winkle, Wade, Willey, Wilson— 32. 
 
 iVIr. Powell moved to amend by adding to 
 section 1, the words — 
 
 No slave shall be emancipated by this article, unless the 
 owner thereof shall be first paid the value of the slave or 
 slaves so emancipated. 
 
 Which was disagreed to — yeas 2, (Messrs. 
 Z>ayw, and Powell,) nays 34: 
 
 Nays— Messrs. Anthony, Buckalew, Carlile., Chandler, 
 Clark, Collamer, Conness, Dixon, Doolittle, Fessenden, Foot, 
 Grimes, Hale, Harding, Harlan, Harris, Howard, Ilowe, 
 Johnson, Lane of Indiana, Laae of Kansas, Morgan, Mor- 
 rill, Pomerov, Ramsey, Sherman. Sprague, Sumner, Ten 
 Eyck, Trumbull, Van Winkle, Wade, Willey, Wilson— 34. 
 
 April G — Mr. Powell moved to add a new 
 
 article to the Constitution, as follows : 
 
 Article XIV. 
 
 The President and Vice President shall hold their offices 
 
 for the term of six years. A person who has filled the 
 
 office of President shall not be re-eligiblc. 
 
 Which was disagreed tO; — yeas 12, nays 32 : 
 Yeas — Messrs. Brown, Davis, Foster, Grimes, Hendricks, 
 Ncsmilh, Pomeroy, Powell, Middle, Saulsbury, Wade, Wilk- 
 inson — 12. 
 
 Nays — Messrs. Anthony, Chandler, Clark, Collamer, Con- 
 ness, Cowan, Dixon, Doolittle, Fessenden, Foot, Hale, Hard- 
 ing, Harlan, Harris, Henderson, Howard, Howe, Johnson, 
 Lane of Indiana, Lane of Kansas, J/cX>oi/^a?/, Morgan, Mor- 
 rill, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Trum- 
 bull, Van Winkle, Willey, Wilson— 32. 
 
 Mr. Powell moved to add an article, as fol- 
 lows : 
 I Article XV. 
 
 I The principal officer in each of the Executive Depart- 
 j ments, and all persons connected with the diplomatic ser- 
 vice, may be removed from office at the pleasure of the 
 President. All other civil officers of the Executive Depart- 
 ments may be removed at any time by the President, or other 
 appointing power, when their services are unnecessary, or 
 i for dishonesty, incapacity, inefficiency, misconduct, or neg- 
 I lect of duty ; and when so removed the removal shall be 
 reported to the Senate, together with the reasons therefor. 
 Which was disagreed to — yeas 6, nays 38, as 
 follows : 
 
 Yeas — Messrs. Davis, Hendricks, Powell, Riddle, Sauls- 
 bury, Wade — 6. 
 
 Nays — Messrs. Anthony, Brown, Chandler, Clark, Colla- 
 mer, Conness, Cowan, Dixon, Doolittle, Fessenden, Foot, 
 Foster, Grimes, Halo, Harding, Harlan, Harris, Henderson, 
 Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, 
 ilcDougall, Morgan, Morrill, JVesmith, Pomeroy, Ramsey, 
 Shermaii, Sprague, Sumner, Ten Eyck, Trumbull, Van 
 Winkle, Wilkinson, Willey, Wilson— 38. 
 
 Mr. Powell offered a new article, as follows : 
 
 Article XVI. 
 Every law, or resolution ha-\-ing the force of law, shall 
 relate to but one subject, and that shall be expressed in the 
 title. 
 
 Which was disagreed to — ^yeas 6, nays 37, as 
 follows : 
 
 Yeas— Messrs. Cowan, Davis, Hendricks, Powell, RiddU, 
 Saulsbury — 6. 
 
 Nats — Messrs. Anthony, Brown, Chandler, Clark, Con- 
 ness, Dixon, Doolittle, Fessenden, Foot, Foster, Gi-imea^ 
 
AND KINDRED SUBJECTS. 
 
 257 
 
 ITnle, Hardin ff, Harlan, Harris, Henderson, Howard, Howe, 
 Johnson, Laue of Indiana, Lane of Kansas, McDougall, 
 Morgan, Morrill, JVesmitli, Pomcroy, Ramsey, Sherman, 
 Sprague. Sumner, Ten Eyck, Trumbull, A"an Winkle, Wade, 
 Wilkinson, Willey, Wilson— 37. 
 
 April 8 — Mr. Saulsbdrt moved to strike 
 out all after the word '' Article xiii," and insert 
 tiie following: 
 
 SiXTiCN 1. All persons shall havo the right peaceably to 
 «.ssomlile and worship God according to the dictates of their 
 own conscionce. 
 
 Seo. 2. I'ho use of the public press shall not be obstructed ; 
 but criminal publications made in one State against the 
 •awful institutions of another Statu shall not be allowed. 
 
 Sf.c. y. The right of citizens to free and lawful speech in 
 public assemblies shall not be denied. Access of citizens to 
 the ballot-box shall not bo obstructed either by civil or 
 /nilitary power. The militai-y shall always be subordinate 
 to the existing judicial authority over citizens. The privi- 
 lege of the writ of habeas corptis shall never be suspended 
 in the presence of the judicial authority. 
 
 Sec. 4. The militia of a State or of the United States shall 
 not bo employed to invade the lawful rights of the people 
 of any of the several States ; but the United States shall 
 not be hereby deprived of the right and power to defend 
 and protect its property and rights within the limits of any 
 of the States. 
 
 Sec. 5. Persons held to service or labor for life, in any 
 State under the laws thereof, may Ije talien into any Ter- 
 ritory of the United States south of north latitude 36° 30', 
 and the right to such service or labor shall not be impaired 
 thereby, and the Territorial Legislature thereof shall have 
 tlie exclusive right to make and shall make all needful 
 rules and regulations for the protection of such right, and 
 also for the protection of such persons : but Congress or 
 any Territorial Legislature shall not have power to impair 
 or abolish such right of service in the said Territory while 
 in a territorial condition without the consent of all the 
 States south of said latitude which maintain such service. 
 
 Sec. 6. Involuntary servitude, except for crime, shall not 
 he permanently established within the district set apart for 
 the seat of government of the United States : but the right 
 of sojourn iu such district with persons held to service or 
 labor for life shall not be denied. 
 
 i/Sec. 7. When any Territory of the United States south of 
 north latitude 36° 30' shall "have a population equal to the 
 ratio of representation for one member of Congress, and the 
 people thereof shall have formed a constitution for a re- 
 publican form of government, it shall be admitted as a 
 State into the Union, on an equal footing with the other 
 States ; and the pooplo may in such constitution either pro- 
 hibit or sustain the right to involuntary labor or service, 
 and alter or amend the constitution at their will. 
 
 Sec. 8. The present right of representation in section 
 two, article one, of this Constitution shall not be altered 
 without the consent of all the States maintaining the right 
 to involuntary service or labor south of latitude 36° 30', but 
 nothing in this Constitution or its amendments shall be 
 construed to depi'ive any State south of said latitude 36° 30' 
 of the right of abolishing involuntary servitude at its will 
 
 Sec. 9. The regulation and control of the right to labor 
 or service in any of the States south of latitude 30° 30' 
 is hereby recognized to bo exclusively tho right of each 
 State within iti own limits ; and this Constitution shall not 
 bo altered or amended to impair this right of each State 
 without its consent : Provided, Tliis article shall not be 
 construed to absolve tho United States from rendering as- 
 sistance to suppress insurrections or domestic violence, 
 wlien called upon by any State, as provided for in section 
 four, article four, of this Constitution. 
 
 Sec. 10. No State shall pass any law in any way interfer- 
 ing with or obstructing the recovery of fugitives from jus- 
 tice, or from labor or service, or any law of Congress made 
 under article four, section two, of this Constitution ; and 
 !vU laws in violation of this section may, on complaint made 
 by any person or State, be declared void by the Supreme 
 Court of the United States. 
 
 Sec. 11. As a right of comity between the several States 
 south of latitude 30° 30' tho right of transit with persons 
 held to involuntary labor or service from ouo State to 
 another shall not bo obstructed, but such persons shall not 
 be brought into the States north of said latitude. 
 
 Sec. 12. Tho traiiic in slaves with Africa is hereby forever 
 prohibited on pain of death and tho Jbrfeituro of all tho 
 rights and property of persons cng.aged therein; and the 
 dc.-cendauts of Africans shall not be citizens. 
 
 Sec. 13. Alleged fugitives from labor or service, on re- 
 quest, shall have a trial by jury before being returned. 
 
 Sec 14. All alleged fugitives charged with crime com- 
 mitted in violation of the laws of a State shall have the 
 right of trial by jury, and if such person claims to be a 
 citizen of another State, shall have a right to appeal or of 
 17 
 
 a writ of error to tho Supremo Court of tho United 
 States. 
 
 Sec. 15. All acts of any inhabitant of the United States 
 tending to incite persons held to service or labor to insur- 
 rection or acts of domestic violence, or to abscond, aro 
 hereby prohibited and declared to be a penal offonco, and 
 all the courts of the United States shall be open to suppress 
 and punish such offences at the suit of any citizen of the 
 United States or tlie suit of any State. 
 
 Sec 16. All ((in |i i i i i i :iny State to interfere with 
 lawful rights in ::' : (.r against the LnitedStatct 
 
 shall be sup]>ri~ i : :i Hinto or the people tlioreof 
 
 shall withdraw li > u ilii- ' ni^m without the consent of 
 three fourths of all tli" States, expressed by an amendment 
 proposed and ratified in the manner provided iu article live 
 of the Constitution. 
 
 Sec. 17. Whenever any State wherein involuntary servi- 
 tude is recognized or allowed shall propose to abolish such 
 servitude, and shall apply for pecuniary assistance therein, 
 the Congress may in its discretion grant such relief, not ex- 
 ceeding one hundred dollars, for each person liberated ; but 
 Congress shall not propose such abolishment or relief to 
 any State. Congress may assist free persons of African 
 descent to emigrate and civilize Africa. 
 
 Sec. 18. Duties on imports may be imposed for revenue, 
 but shall not be excessive or probil)itorv in amount. 
 -' Sec 19. When all of the several States sh.all h,ave abol- 
 ished slaver j', then and thereafter slavery or involuntary 
 servitude, except as a punishment for crime, shall never by 
 established or tolerated in any of tho States or Territories 
 of the United States, and they shall be forever free. 
 
 Sec. 20. Tho provisions of this article relating to invol- 
 untary labor or servitude shall not bo altered without the 
 consent of all the States maintaining such servitude. 
 
 ' Which was rejected, without a division. 
 The joint resolution proposing the amend- 
 ment, as reported from the Committee on the 
 Judiciary, was then passed — j'eas 38, nays 6, as 
 follows : 
 
 Yeas— Messrs. Anthony, Brown, Chandler, Clark, Col- 
 lamer, Conness, Cowan, Dixon, Doolittle, Fessendeu, Foot, 
 Foster, Gnmes, Hale, Uaiding, Harlan, Harris, Fessenden, 
 Howard, Howe, Johnson, Lano of Indiana, Lane of Kansas, 
 Morgan, Morrill, Nesmith, Pomeroy, Itauisey, bherman, 
 Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wade, 
 Wilkinson. Willey, Wilson— 38. 
 
 IvATS — Messrs. Davis, Hendricks, McDougall, Powell, 
 Riddle, Saulsbury—G. 
 
 VOTE IN THE HOUSE OF REPHESENTATINES. 
 
 May 31 — This joint resolution coming up, 
 Mr. HoLMAN objecting to its second reading, 
 the vote on rejecting the bill was yeas 55, nays 
 16, as follows : 
 
 Yeas — Messrs. James C. Allen, Ancova, Bliss, Brooks, 
 James S. Brown, C/tanler, Coffroth, Cox, t'j-aicns, Dawson, 
 Denison, Eden, Edgerton, Eklridge, Pinck, Ganson, Grider, 
 Hall, Harrington, Herrick, Holman, P/iilip Johnxon, Wil- 
 liam Johnson, Kalhjleisch, Kernan, King, Knapp, Law, 
 Lung, Mallory, Marcy, McAllister, McDowell, James M. 
 Morris, Morrison, Nelson, Nobk, Odell, Pendleton, Pi-ui/n, 
 Radford, W'illiam H. Randall, Ross, John B. Sleclc, Wil- 
 liam G. Ste^U, Stiles, Sweat, Voorhees, Wadsworth, Ward, 
 Wheeler, Chilton A. White, Joseph W. While, Winfield, Fer- 
 nando Wood — 55. 
 
 Nays— Messrs. Alley, Allison, Ames, Anderson, .John D. 
 Baldwin, Baxter, Beaman, Blaine, Jacob B. El lir, Boyd, 
 Broomall, Ambroso W. Clark, Cobb, Cole, Creswcll, Henry 
 Winter Davis, Thomas T. Davis, Dawes, Donnelly, Dri.-g.s, 
 Eckley, Eliot, Fenton, Frank, Garfield, Oooeh, (hinncU, 
 GrisiBold, Hale, Higliy, Hooper, llotchUiss, Asaliel W. 
 Hubbard, John H. Hubbard, Hulburd, Ingcrsoll, Jonclcee, 
 Kelley, Francis W. Kellogg, Orlando Kellogg, Littlejohn, 
 Loan, Longyear, Marvin, McClurg, Morrill, Daniel Morrifl, 
 Amos Myers, Leonard Myers, Charles O'Neill, Orth, Pat- 
 terson, Perhani, Pike, Pomeroy, Price, Alexander II. Bice, 
 John II. Kico, Edward H. Rollins, Scheuck, Scofield, Shan- 
 non, Sloan, Spalding, Stevens, Thomas, Tracy. Upson, 
 Ellihu B. Wasbburne, Widiam B. Washburn, Webster, 
 Whaley, Williams, Wilder, Wilson, Windom— 76. 
 
 June 14— Mr. Wheeler offered an amend- 
 ment, to add this proviso : 
 
 That this article shall not .apply to tho States of Kentncky, 
 JVIissouri, Delaware, and Maryland until after the expu'ation 
 of ten years from the lime the same shall be ratified. 
 
 June 15 — The amendment offered by Mr. 
 Wheelee was disagreed to. Also the amend- 
 
258 
 
 REPEAL OF THE FUGITIVE SLAVE LAWS, 
 
 ment of JTr. Pendleton, that the proposed 
 amendments to the Constitution be submitted 
 to conventions instead of the Legislatures of the 
 States, so that the ratification, if at all, shall be 
 by conventions of three fourths of the States. 
 
 The joint resolution of the Senate was then 
 rejected— yeas 95, nays 66, (two-thirds being 
 necessary,) as follows: 
 
 Yeas— Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Bail'j, J. D. B;ild\vin, Baxter, Beaman, Blaine, J. B.Blair, 
 Blow, Boutvvell, Boyd, Brandegee, Broomall, Ambrose W. 
 Clark, Freeman Cliirko, Cobb, Cole, Crcswell, Dawes, Dem- 
 ing, Dixoi, Donnelly, Driggs, Eckley, Eliot, Farnsworth, 
 Feiiton, Frank, Garfield, Gooch, Griswold, Hale, Higby, 
 Hooper, Ilolclikiss, Asaliel W. Hubbard, John U. Hubbard, 
 Hulburd, Iiigcrs.ill, Jenekes, Julian, Kasson, Kelley, Fran- 
 cis VV. K' llUiig, Orlando Kellogg, Littlejohn, Loan, Long- 
 year, M irviu, McClurg, Mclndoe, Samuel F. Miller, Moor- 
 head, Morrill. Daniel Morris, Amos Myers, Leonard Myers, 
 Norton, Oddl, Charles O'Neill, Ortb, Patterson. Perham, 
 Pike, Price, Alexander H. Rice, John II. Rice, Edward H. 
 Rollins, ^chenck, Scifield, Shannon, Sloan, Smith, Smithers, 
 Spaldin?, Starr, Stevens, Thayer. Thomas, Tracy, Upson, 
 Van Valkeiiburgh, Ellihu B. Washburue, Wm. B. Wash- 
 burn, Webster, Whaley, W/ieeler, Williams, Wilder, Wil- 
 son, Windora, Woodbridge — 95. 
 
 NaYs — Mes.srs. James C. Allen, Wm. J. Allen, Ancona, 
 Ashley, Augustus C. Baldwin, Bliss. Brooks, James S. Brrnvn, 
 C/ian'ler, Coffroih, Cox, Cravens, Datuson, Denison, Eden, 
 Edgerton, Eidridge, English, Finck, Ganson, Grider, Hard- 
 ing, Harrington, Hcrrick, Holman, Hutchins, Philip John- 
 srm, William Johnson, Kalhfte.isch, Kernan, King, Law, 
 Lazear, he Blond, Long, Mallory, Marcy, McAllister, Mc- 
 Voioell, ilcKinncy, Wm. H. Miller, James K.Morris, Moi-ri- 
 son. Noble, J. O'Neill, Pendleton, Perry, Pruyn, Radford, S. 
 J. Randall, Rohinso^i, Rogers, James S. Rollins, Ross, Scott, 
 .'^nhn B. Steele, Wm. G. Steele, Sliles, Slrouse, Stuart,.Sweat, 
 Wadsworth, Ward, Chilton A. White, Joseph W. White, Fer- 
 nando Wood—C6. 
 
 Not Voting — Messrs. William G. Brown, Clay, Henry 
 Winter Davis, Thomas T. Davis, Dumont, Griuuell, Hall, 
 Benjamin G. Harris, Charles M. Harris, Knapp, McBride, 
 Middhton, Nelson, Pomeroy, Wm. II. Randall, Stebbins, 
 Voorhees, Winfield, Benjamin Wood, Yeaman — 20. 
 
 Same day, Mr. Ashley entered a motion to 
 reconsider the above vote, 
 
 OTHER PROPOSITIONS. 
 
 IN HOUSE. 
 
 1864, February 15 — Mr. Arnold offered this 
 resolution : 
 
 Resolved, That the Constitution should be bo amended as 
 to abolish slavery in tho United States wherever it now ex- 
 ists, and to prohibit its existence in every part thereof for- 
 ever. 
 
 Tbe House refused to table it — yeas 58, nays 
 79 ; and passed it — yeas 18, nays 62, as fol- 
 lows : 
 
 Yeas — Messrs. Allison, Anderson, Arnold, Ashley, Baily, 
 .John D. Baldwin, Baxter, Beaman, Jacob B. Blair, Blow, 
 Boutwell, Boyd, Brandegee, Broomall, Cobb, Cole, Creswell, 
 Henry Winter Davis, Thomas T. Davis, Dawes, Dixon, Don- 
 nelly, Driggs, Dumont, Eckley, Eliot, Farnsworth, Frank, 
 Garfleld, Gooch, Grinnell, Higby, Hooper, Asahel W. Hub- 
 b;ii-d, John U. Ilubbard, Hulburd, Jenekes, Julian, Kelley, 
 Francis W. Kellogg, Loan, Longyear, Marvin, McClurg, 
 Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos 
 Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Pat- 
 terson, Perham, Pike, Pomeroy, Price, Alexander H. Rice, 
 John H. Rice, Edward II. Rollins, Schenck, Scofield, Shan- 
 non, Smithers, Spalding, Stevens, Thayer, Thomas, Upson, 
 Van Valkenljurgh, Ellihu B. Washburne, William B. AVash- 
 burn, Wliali y, \V'illiams, Wilder, Wilson, Windom — 78. 
 
 N.VYS— Jlissr.s. Janies C. Allen, William J. Allen, Ancona, 
 Augustus C. Baldwin, Bliss, Brooks, Janies S. Brown, Clay, 
 Coffrolh, Cox, Cravens, Dawson., Denison, Eden, Edgerton, 
 Eldridgc, Find; Ganson, Grider, Hall, Harding, Harring- 
 t<m, Benjamin G. Harris, Hcrrick, Holman, William Johnson, 
 Orlando Kellogg, Ktrnan, King, Knapp, Law, Lazear, Long, 
 Mallory, McAllister, McBride, McDoiucU, McKinney, Wm. 
 H. Militr, James R. Morris, Momson, Nelson, Noble, Odell, 
 John O'Neill, Pendleton, Pern/, Samuel J. Rt ndall, William 
 U. Randall, Robinson, James S. Rollins, Ross, Scott, John B. 
 Steele, Sliles, Strouse, Stuart, Sweat, Chilton A. White, Joseph 
 W. White, Winfield, Fernando Wood-G2. 
 February 15 — Mr. Windom offered this reso- 
 
 lution, which was referred to the Committee on 
 the Judiciary: 
 
 Resolved by the Senate and House of Representatives, <5c.. 
 That (two tliirds of both Houses concurring) tho following 
 article bo proposed to the Legislatures of tho several States 
 as an amendment to the Constitution of tho United States, 
 which, when ratified by three fom-ths of said Legislatures, 
 shall be valid, to all intents and purposes, as part of said 
 Constitution, namely : 
 
 Article 13. 
 
 Sec. 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. 
 
 Sec. 2. Congress shall have power to enforce this article 
 by appropriate legislation. 
 
 1864, IMarch 28 — Mr. Stevens offered the fol- 
 lowing joint resolution : 
 
 Resolved by the Senate and House of Representatives of 
 the United States of America in Congress assembled. That the 
 following articles be proposed to the several States aa 
 amendments to the Constitution of tho United States : 
 
 Article 1. Slavery and involuntary servitude, except for 
 the punishment of crimes whereof the party shall have 
 been duly convicted, is forever prohibited in tho United 
 States and all its Territories. 
 
 Art. 2. So much of article four, section two, as refers to 
 the delivery up of persons held to service or labor escap- 
 ing into another State is annulled. 
 
 On a motion to reject the resolution, the 
 yeas were 45, nays 75, as follows : 
 
 Yeas — Messrs. James C. Allen, William J. Allen, Ancona, 
 Augustus C. Baldwin, Bliss, Brooks, James S. Brown, Clian- 
 ler. Clay, Cravens, Dawson, Denison, Eldridge, English, Finck, 
 Ganson, Grider, Hall, Harding, Harrington, Benjamin G. 
 Harris, Herrick, Holman, Philip Johnson, Knapp, Law, 
 Mallory, Marcy, James R. Morris, Morrison, Noble, John 
 O'Neill, Pendleton, Perry, Pruyn, Samuel J. Randall, 
 Rogers,James S. Rollins, Ross, Scott, John B. Steele, WiUiam 
 G. Steele, Sweat, Winfield, Yeaman— if>. 
 
 Nats — Messrs. Alley, Allison, Ames, Anderson, Ashley, 
 Baily, John D. Baldwin, Baxter, Beaman, Blaine, Francis P. 
 Blair, jr.. Blow, Boutwell, Boyd, Brandegee, Broomall, Am- 
 brose W. Clark, Cobb, Cole, Hem-y Winter Davis, Thomas T. 
 Davis, Deming, Dixon, Driggs, Dumont, Eckley, Eliot, 
 Frank, Garfield, Grinnell, Hale, Higby, Hooper, Ilotchkise, 
 Asahel W. Hubbard, John H. Hubbard, Hulburd, Jenekes, 
 Julian, Kasson, Kelley, Francis W. Kellogg, Longyear, Mc- 
 Bride, McClurg, Samuel F. Miller, Moorhead, Morrill, 
 Leonard Myers, Norton, Charles O'Neill, Orth, Perham, 
 Pike, Pomeroy, Price, Alexander H. Rice, John H. Rico, 
 Edward II. Rollins, Schenck, Scofield, Shannon, Smithers, 
 Spalding, Stevens, Thomas, Tracy, Upson, Van Valkenburgh, 
 Ellihu B. Washburne, William B. Washburn, Webster, 
 Whaley, Wilson, Windom— 75. 
 
 It was then laid over. 
 
 On motion of Mr. Stevens the second arti- 
 cle was stricken out. 
 
 IN SENATE. 
 
 1864, Feb. 8 — Mr. Anthony offered a joint 
 resolution to repeal the joint resolution to 
 amend the Constitution of the United States, 
 approved March 2, 1861, which was as fol- 
 lows: 
 
 Resolved, d-c. That the following article be proposed to 
 tho 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 part of tlio said Constitution, 
 namely : 
 
 Art. XIII. No amendment shall bo made to the Consti- 
 tution which will authorize or give to Congress tho power 
 to abolish or interfere within any State with the domestic 
 institutions thereof, including that of persons hold to labor 
 or service by the laws of said State. 
 
 May 11— On motion of Mr. Trumbull, the 
 Committee on the Judiciary were discharged 
 from its further consideration. 
 
 OTHER PROPOSED AMENDMENTS. 
 
 A convention held in Alleghany City, Penn., 
 January 27, 1864, adopted the following reso- 
 lutions : 
 
 Resolved, First, Tliat we deem it a matter of paramount 
 
AND KINDRED SUBJECTS. 
 
 259 
 
 Importance to flie life and prosperity and permanency of 
 our nation that the Constitution be so amended as fully to 
 express the Christian national character. 
 
 Resolved, Second, That we are encouraged I)y the success 
 attending tlie labors of the friends of this movement to 
 persevere in the hope that, with the blessing of God, it will 
 speedily result in the consummation of its great object. 
 
 Resolved, Third, That the late proclamation of his Ex- 
 cellency the President of the United States, recommending 
 the observance of days of national fasting, hnmilintion, 
 and prayer, as suggested by the Senate, for tlie purpuse' of 
 confessing our national sins, which have j)rovoked tlie 
 divine displeasure, and of imploring forgiveness through 
 Jesus Christ ; and also days of national thanksgiving for tlie 
 purpose of making grateful acknowledgm'mts of God's 
 mercies; we have pleasing evidence that God is graciously 
 inclining the liearts of those who are in authority over us 
 to recognize !lis hand in national affairs, and to cherish a 
 sense of our dependence as a nation upon Ilim. 
 
 Which was subsequently presented to the 
 President by a committee of the convention, 
 ■with an address. The President made tliis reply : 
 
 Gentlemen: The general aspect of your movement I 
 cordially approve. In regard to particulars 1 must ask 
 time to" delilierate, as the work of amending tho Constitu- 
 tion should not be done hastily. I will carefully examine 
 your paper in (jrder more fully to comprehend its contents 
 tlian is ]iossiM(> from merely hearing it read, and will take 
 such aclioti iiiion it as my responsibility to our Maker and 
 our country demands. 
 
 Numerously signed petitions were presented 
 to Congress during the late session. 
 
 1864, April 11— Mr. Cravens offered these 
 resolutions, which went over, under the rule : 
 
 Resolved, That iu the present condition of the country, 
 when the passions of the people are inflamed and their 
 prejudices are excited, it is umviso and dangerous to attempt 
 to alter or apiend the Constitution of the United States ; 
 that ample power is contained within its limits as it now 
 exists to protect and defend the national life, and the exor- 
 cise of power not warranted by its provisions would be to 
 enter the Weld of revolution, and dangerous to the liberties 
 of tho people, tending to the establishment of military des- 
 potism and the final overthrow of free government in Amer- 
 ica. 
 
 Rcsolxird, That any attempt by Congress to reduce States 
 to the condition of Territories is as odious and as revolution- 
 ary in its character and tendency as secession itself. 
 
 Resolved, That it is tho duty of tho Government to listen 
 to and consider any proposition for reconciliation that may 
 be offered by the insurgents which does not involve the 
 question of separation. 
 
 Rcsolicd, That the thanks of the nation are due, and are 
 hereby tendered, to the officers, soldiers, and seamen who 
 have so gallantly borne our flag in this hour of peril to our 
 country. 
 
 March 24 — Mr. Blaine offered this resolu- 
 tion, which was adopted : 
 
 Rrsnlvrd, That the Judiciary Committee be directed to 
 [n(iuirc into tho expediency of proposing an amendment to 
 the Constitution of tho United States, by striking out the 
 fifth clause of section nine, article one, which forbids the 
 levying of a tax on articles exported from any State. 
 
 IN SENATE. 
 
 March 3 — Mr. Davis presented, for printing, 
 an amendment he proposed to offer to the amend- 
 ment of the Constitution reported by the Judi- 
 ciary Committee : 
 
 First. That no negro or person whose mother or grand- 
 mother is or was a negro shall be a citizen of the United 
 States, or he eligible to any civil or military office, or to any 
 place of trust <.r profit under the United States. 
 
 Second. That the States of Maine and Massachusetts shall 
 form and constitute eno State of the United States, to be 
 called East New England, and the States of New llamp- 
 Bhirp, Rhode Island, Connecticut, and A'ermont shall form 
 and constitute one State of the United States, to be called 
 West New England. 
 
 Resolutions on Slavery. 
 First Session Thirty-Eighth Congress. 
 18G4, Jan. 18— Mr. Harding offered this res- 
 olution : 
 Kesolved, Tliat the maintenance inyiolate of the rights 
 
 of the States, Hnd especially the right of each State to or- 
 der and control its own domestic institutions according to 
 its own judgment exclusively, is essential to that bulauce 
 of power on which the perfection and endurance of our 
 political fabric depend. 
 
 Mr. Stevens moved to lay it on the table ; 
 which was lost — yeas 73, nays 75, as follows : 
 
 Yeas— Messrs. Alley, Allison, Ames, Ashley, John D. 
 Baldwin, Baxter, Beaman, Jacob B. Blair, Boutwell, Boyd, 
 Biandegee, Broomall, Ambrose W. Clark, Freeman Clarice, 
 Cole, CreswcU, Thomas T.Davis, Deming, Dixon, Donnelly, 
 Driggs, Eekley, Ell)t, Fariisworth, Frank, Garfielil,Gooch, 
 Grinnell, IligJy, Hooper, Ilntchkiss, Asahel W. Hubbard, 
 Ilulburd, Jenckes, Julian, Kelley, Francis W. Kellogg, Or- 
 lando Kellogg, Loan, Longyear, Marvin, McBride, McClurg, 
 .Mclndoe, Samuel F. Miller, Moorhead, Morrill, 1 aniel 
 Morris, Leonard Myers, CharlesO'Neill, 1'atter.son, Pcrliam, 
 Pike, Pomeroy, Price, John II. Rice, Edward II. Rollins, 
 Scheiick, Smitlisrs, Spalding, Stevens, Thayer. Thomas, 
 Upson, EUihu B. Washburne, William B. Washburn, Wha- 
 ley, Williums, Wilder, Wihon. Windom, Woodbridge— 73. 
 
 Nats— Messrs. Jijmcs C.Allen, William J. Allen, Anconai, 
 Augustus C. Baldwin, Francis P. Blair, jr.. Bliss, Brooks, 
 James S. Brown, W. G. Brown. Chavler, Clay. Coffroth. Cox, 
 Cravens, Dawson, Denisnn, Eden, Edgerton, Eldridge, Eng- 
 lish', Finclc, Ganson, Grider, Griswnld, Hale, Hall, Harding, 
 Harrington, Benjamin G. Harris, Herriclc,Holman, Hutch- 
 ins William Johnson. Kernan, King. Knapp. Lazear, Le 
 Blond, Long, Marcy. McAllister, McDowell, McKinvey, Mid- 
 dleton. Wm. H. Mill r. James R. Morris, Morrison, Amoa 
 UyerBfN'elson, Noble, John O'Neill, Orth, Fendkton, 'Wm. 
 II. Randall, Robinson, James S. Rollins, Ross, Scofield, 
 John G. Scott. Smith, John B. Steele, Stiles, Strouse, Stuart, 
 Sweat, Tracv, Voorhees. Wadsworth, Webster. Wheeler. Chil- 
 ton A. White, Joseph W. While, Winfield, Fernando Wood, 
 leaman — 75. 
 
 It was then referred to the Committee on the 
 Rebellious States — yeas 83, nays G8, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Arnold, Ashley, John 
 D. Baldwin, Baxter, Beaman, Blaine, Jacob B. Blair, Bout- 
 well, Boyd, Broomall, Ambrose W. Clark, Freeman Clarke, 
 Clay, Cole, Creswell, Thomas T. Davis, Dawes, Deming, 
 Dixon, Donnelly, Driggs, Eekley, Eliot, Farnsworth, Fenton, 
 Frank, Garfield, Gooch, Grinnell, Higby, Hotchkiss, John 
 II. Hubbard, Ilulburd, Jenckes, Julian, Kasson, Kelley, 
 Orlando Kellogg, Loan, Longyear,JiOvejoy, Marvin, McBride, 
 McClurg, Mclndoe, Samuel F. Miller, Moorhead, Morrill, 
 Daniel Morris, Amos Myers, Leonard Myers, Charles O'Neill, 
 Orth, Patterson, Perham, Pike, Pomeroy, Price, Alexander 
 H. Rice, John H. Rice, Edward II. Rollins, Schenck, Sco- 
 field. Shannon, Smithers, Spalding, Stevens, Thayer, Thomas, 
 Upson, Van Valkenburgh, Ellihu B. Washburne, William 
 B. ^Vashburn, Webster, Whaley, Williams, Wilder, Wilson, 
 Windom, Woodbridge — S3. 
 
 Nats — Messrs. James C. Allen, William J. Allen, Ancona, 
 Augustus C. Baldwin, Francis P. Blair, jr., Brooks,James S. 
 Brown, William G. Brown, John W. Chanter, Cox, Cravens, 
 Dawson, Denison, Eden, Edgerton, Eldridge, English, Finclc, 
 Ganson, Grider, Griswold, Ilalo, Hall, Harding, Harring- 
 ton., Benjamin C. Ihtrris. Ih rrick, Holman, Hutchins, Wilr 
 Ham Johnson, K' riiini, hiii'i. Knapp, Le Blond, Long, Marcy, 
 McAllister, McDow.ll. Mrhiniiey, Middleim, William H. 
 Stiller, James li. Morris, Morrison, Nelson, Noble, John 
 O'Neill, Pendleton, Radford, Samuel J. Randall, Robinson, 
 James S. Rollins, Ross,'Scott, Smith, John B. Sleek, Stiles, 
 Strouse, Stuart, Sweat, Tracy, Voorhees, Wadsworth, Wheeler, 
 Chilton A . White, Joseph W. White, Winfield, Fernando 
 Wood, Ycaman — 68. 
 
 1864, February 29 — Mr. Morrison offered the 
 following resolution ; which was laid over under 
 the rule : 
 
 Resolved, That slavery legally exists in some of the States 
 of the Union by virtue of the Constitution and laws of such 
 States, and that neither the Government of tho United 
 States nor the people, as such, are responsible therefor, nor 
 have they any legal duty to perforin in relation thereto ex- 
 cept such as is enjoined by section two, article four, of the 
 Federal Constitution, in these words : " No person held to 
 service or labor in one State, under the laws thereof, escap- 
 ing into another, shall in consequence of any law or regu 
 lation therein, be discharged from such service or labor, but 
 shall bo delivered up on claim of the party to whom such 
 service or labormay be due." 
 
 Bureau of Freedmen's Affairs. 
 IN HOUSE. 
 1864, March 1 — The House passed a bill to 
 
2G0 
 
 REPEAL OF THE FUGITIVE SLAVE LAWS. 
 
 establish a Bureau of Freedmen's Affairs — yeas 
 69, nays G7, as follows : 
 
 Yeas— Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 John D. Baldwin, Baxter, Beaman, Blow, Boutwell, Boyd, 
 Brandegee, Ambrose W. Clark, Cobb, Cole, Creswell, Dawes, 
 Dixon, Donnelly, Di-iggs, Dumont, Eckley, Eliot, Farns- 
 worth, Kenton, Frank, Garfield, Grinuell, Higby, Hooper, 
 ITotchkiss, Asahel W. Hubbard, John U. Hubbard, Jenckes, 
 Julian, Kasson, Kelley, Francis W. Kellogg, Orlando Kel- 
 logg, Longyear, Lovejoy, Marvin, McClurg, Mclndoe, Sam- 
 uel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, 
 Norton, Charles O'Neill, Perliam, Pike, Pomeroy, Price, 
 Alexander H. Rice, John H. Eice, Schenck, Shannon, Sloan, 
 Smithers, Stevens, Thayer, Van Valkenburgh, William B. 
 Wasliburn, Wilder, Wilson, Windom, Woodbridge— 69. 
 
 Nays — Messrs. Aiicona, Baily, Augustus C. Baldtvin, Fran- 
 cis P. Blair, jr., Jacob B. Blair, Brooks, James S. Broivn, 
 William G. Brown, Chanler, Clay, Coffroth, Cox, Dawson, Den- 
 ison, Eden, Eldridge, Finck, Gansm, Grider, Griswold, Hale, 
 Hall, Harding, Harrington, Harris, Herrick, Holman, Hutch- 
 ins, Kalbfleisch, Keman, King, Knapp, Law, Lang, Mallory, 
 McAllister, McBride, McDowell, McKinney, Middleton, Wil- 
 liam H. Miller, Morrison, Nelson, Noble, Pendleton, Radford, 
 Samuel J. Randall, Rogers, Ross, Scott, Slebbins, John B. 
 Steele, William G. Steele, Stiles, Strouse, Stuart, Sweat, Thomas, 
 Tracy, Voorhces. Wadsivorth, Webster, Whaley, Chilton A. 
 White, Joseph W. White, Williams, Winfield—Sl. 
 
 [The bill created in the War Department a 
 Bureau of Freedmen's Affairs, with a Com- 
 missioner, (at a compensation of $4,000 per 
 annum,) to whom shall be referred the adjust- 
 ment and determination of all questions con- 
 cerninp; persons of African descent, and per- 
 sons who are or shall become free by virtue of 
 any proclamation, law, or military order issued 
 during the present rebellion, or by virtue of 
 any State act of Emancipation, or who shall be 
 otherwise entitled to their freedom. The Com- 
 missioner is authorized to make all needful 
 rules and regulations for the general superin- 
 tendence, direction, and management of all such 
 pn-sons, and to appoint a chief and other clerks. 
 All military and civil officers charged with the 
 execution of any law or order liberating slaves, 
 are required to make returns of their proceed- 
 ings to the Commissioner, who is authorized 
 to establish regulations for the treatment and 
 disposition of all freedmen, that their rights 
 and those of the Government may be duly de- 
 termined and maintained. Assistant Commis- 
 sioners of Freedmen are to be appointed in the 
 rebellious States when brought under military 
 authority, (each with an annual salary of 
 $2,500,) with power to permit freedmen to cul- 
 tivate lands in those districts which have been^ 
 or may be, abandoned by their former owners, 
 and all real estate within such districts to which 
 the United States shall have acquired title and 
 not previously appropriated to other uses, to 
 adjust wages, receive returns, &c.] 
 IN SENATE. 
 
 1864, April 12 — Mr. Sumner reported from 
 the Committee on Slavery and Freedmen a bill 
 to establish a Bureau of Freedmen, which was 
 read and passed to a second reading. 
 
 May 25 — Mr. Somner reported back the 
 House bill with an amendment in the nature 
 of a substitute. 
 
 June 8 — It was considered in the Senate. 
 
 .June 15 — Mr. Carlile moved to postpone the 
 bill until the first Monday of December next; 
 which was rejected — yeas 13, nays 23, as fol- 
 lows : 
 
 Yeas — Messrs. Buckalew, Carlile, Davis, Grimes, Hen- 
 dricks. Hicks, Johnson, Powell, Richardson, Riddle, SauU- 
 bury. Van Winkle, WUley— 13. 
 
 Nats — Messrs. Anthony, Brown, Clark, Conness, Dixon, 
 Doolittle, Fessenden, Foot, Halo, Harlan, Harris, Howe, 
 Lane of Indiana, Lane of Kansas, Morgan, Morrill. Ramsey, 
 Sherman, Sumner, Ten Eyck, Trumbull, Wade, Wilson — 23. 
 
 The amendment of Mr. Saulsbdry (offered 
 on the 13th) to add this new section: 
 
 That all white persons in the States not in revolt shall be 
 protected, in their constitutional rights, and that no Buch 
 person shall be deprived of life, liberty, or property, with- 
 out duo process of law; nor shall any such persou 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 such person, except as aforesaid, be tried for any 
 crime or offence whatever by court-martial or military com- 
 
 Was rejected — yeas 8, nays 29, as follows : 
 
 Yeas — Messrs. Buckalew, Carlile, Davis, Hendricks, Pov> 
 ell, Ricliardfim, Riddle, Saulsbury—S. 
 
 Nays — Jlessrs. Anthony, Brown, Clark, Conness, Dixon, 
 Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, 
 Harris, Hicks, Howe, Johnson, Lane of Indiana, Morgan, 
 Morrill, Pomeroy, Ramsey, Sherman, Sumner, Ten Eyck, 
 Trumbull, Van Winkle, Wade, Willey, Wilson— 29. 
 
 June 28 — The bill passed — yeas 21, nays 9, 
 as follows : 
 
 Yeas — Messrs. Anthony, Chandler, Clark, Conness, Doo- 
 little, Foot, Foster, Harlan, llowe. Lane of Indiana, Mor- 
 gan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Trum- 
 bull, Van Winkle, Wade, Wilkinson, Wilson— 21. 
 
 Nays — Messrs. Buckalew, Carlile, Cowan, Davis, Hen- 
 dricks, McDougall, Powell, Riddle, Willey— 9. 
 
 During the pendency of the bill in the Senate 
 as in Committee of the Whole, Mr. Willey 
 offered this as a new section : 
 
 That whenever the said Commissioner cannot find aban- 
 doned real estate on which to employ all of the freedmen 
 who may come under his caro and control by virtue of 
 this act, it shall be his duty, so far as may be'practical, to 
 provide for tlaem homes and employment with humane and 
 suitable persons at fair and just compensation for their 
 services ; and that in order the more effectually to accom- 
 plish this purpose the said Commissioner shall open a cor- 
 respondence with the Governors and the various municipal 
 authorities of the different States requesting their cooper- 
 ation in this behalf. 
 
 Which was agreed to — yeas 19, nays 15, as 
 follows : 
 
 Yeas — Messrs. Anthony, Brown, Clark, Davis, Doolittle, 
 Foot, Grimes, Harlan, Harris. Henderson, Hicks, Howe, 
 Lane of Indiana, Ramsey, Riddle, Sauhbury, Sprague, Van 
 Winkle, Willey— 19. 
 
 Nays — Messrs. Buckalew, Conness, Cowan, Foster, Hen- 
 dricks, Lane of Kansas, Morgan, Morrill, lowell, Sumner, 
 Ten Eyck, Trumbull, Wade, Wilkinson, Wilson— 15. 
 
 In open Senate — 
 
 Mr. Wilson moved to strike out these words; 
 which was rejected — yeas 14, nays 14, as fol- 
 lows : 
 
 Yeas— Messrs. Buckalew, Chandler, Clark, Conness, Herv- 
 dricks, Morgan, Morrill, Pomeroy, Sumner, Ten Eyck, 
 Trumbull, AVade, Wilkinson, Wilson— 14. 
 
 Nays — Messrs. Brown, Davis, Foot, Grimes, Harlan, Har- 
 ris, Hicks, Johnson, Lane of Indiana, Powell, Ramsey, 
 Saulsbury, Van Winkle, Willey— 14. 
 
 The last clause, "and that," &c., was after- 
 wards stricken out as unnecessary, the Commis- 
 sioner having full discretion over the subject- 
 matter, and being accessible to all persons inter- 
 ested. 
 
 June 30 — The bill as amended by the Senate, 
 was referred to the Select Committee in the 
 House, who recommended a non-concurence in 
 the Senate amendments; when the bill was 
 postponed to December 20th next. 
 
 The postponement of the bill leaves unset- 
 tled the proposition to repeal the joint resolu- 
 tion amendatory of the confiscation act. Each 
 House passed a repealing section, but neither 
 passed the other's. ( See p. 203. ) 
 
LEGISLATION, ORDERS, PROCLAMATIONS, 
 
 PROPOSITIONS RELATIVE TO THE WAR AND TO "PEACE.'' 
 
 The Enrollment Acts. 
 
 ACT OP MARCH 3, 18G3. p. 115. 
 
 Third Session, Thirty-Seventh Congress. 
 
 The bill passed the Senate without a call of 
 the yeas and nays. 
 
 IN HOUSE. 
 
 February 25 — Mr. Cox moved to insert the 
 word " white " so as to limit the enrolment to 
 " white " able-bodied males. 
 
 Mr. LovEjoY called the yeas and nays, but 
 they were not ordered. And the amendment 
 was disagreed to — yeas 53, nays 85. 
 
 Mr. WiCKLiFFE, of Kentucky, moved to add 
 the following to the thirteenth section: 
 
 Provided, That the men thus called into the service shall 
 be by the Guverrior of the Slate organized into companies 
 and regiments, and officers to command them shall be ap- 
 pointed and commissioned byauthority of the State accord- 
 ing; to the provisions of the constitution and laws thereof, 
 and iu obedience to the Constitution of the United States. 
 
 Which was negatived — yeas 55, nays 104. 
 The Yeas were : 
 
 Yeas— Messrs. William Allen, William J. Mien, Ancova, 
 Baily, Bidd'e, Clements, Conway, Corning, Cox, Cravens, 
 Crittenden, English, Fisher, Fouke, Granger, Giider, Hale, 
 Hall, Harding, Holman, Johnson, Kerrigan, Killinger, 
 Knapp, Law, Lazear, Mallory. May,Memies, Hon is, Noble, 
 Norton, Nugen, Pendleton, Perry, Price, liohinson, James 
 S. Bollins, Hhifl, Smith, John B. Steele, William G. Steele, 
 Stiles, VallcnOigham, Voorhees, Wadsivor h. Ward, Webster, 
 VFhaley, aulton A. White, Wickliffe, Wood, Woodruff, 
 Wright, Yeaman — 55. 
 
 THE $300 COMMUTATION CLAUSE.* 
 
 Mr. HoLMA.v moved to strike out the thir- 
 teenth section, which provides for a commuta- 
 tion, not exceeding $300, where parties are 
 drafted ; which was disagreed to — yeas 67, 
 nays 87, as follows: 
 
 Yeas — Messrs. William AUen, William J. Allen, AlX^y, An- 
 cona, Beaman, Samuel S. Blair, Blake, Clements, Colfax, 
 Roscoe Conkling, Conway, Corning, Cox, Cravens, Davis, 
 Dawes, Delaplaine, Diven, Eliot, Fouke, Franchot, Gran,2;er, 
 Hall, Holman, Ilutchins, Johnson, Julian, Francis W. Kel- 
 logg, William Kellogg, A'crnV/an, iCwa^jp, Law, McPherson, 
 
 * Pending the engineer bill in Senate, 
 
 March 2 — Mr. Trumbull offered a section repealing the 
 commutation clause; which was rejected— yeas 10, nays 
 25, as follows : 
 
 Yeas — Messrs. Grimes, Harlan, Howe, Lane of Indiana, 
 Powell, Saulshury, Ten Eyck, Trumbull, Wilkinson, Wilson 
 of Missouri — 10. 
 
 Nays— Messrs. Arnold, Chandler, Clark, Collamer, Cowan, 
 Davis, Dixon, Fessenden, Foot, Foster, Harris, Hender- 
 son, Hicks, Howard, Kennedy, King, Lane of Kansas, Mor- 
 rill, Nesmith, Pomeroy, Sherman, Sumner, Turpie, Willey, 
 Wilson of Massachusetts — 25. 
 
 May, Morris, Nolle, Norton, Nugen, Pendleton, Perry, Por- 
 ter, Price, Riddle, Robinson, Edward H. Rollins, James S. 
 Rollins, Shanks, Sherman, Shid, John B. Str^eU, William G. 
 Steele, Stiles, Vallandinham, Van AVyck, Voorlieps, Wads- 
 xvorth. Wall, Ward, Washburne, Albert S. White, Chilton 
 A. White, Wickliffe, Wilson, Windom, Wood, Worcester, 
 Yeaman — 67. . 
 
 Yeas — Messrs. Aldrich, Arnold, Ashley, Babbitt, Baily, 
 Baker, Baxter, .BtW^c, Bingham, Jacob B.Blair, William G. 
 Brown, Buffinton, Calvert, Campbell, Casey, Chamberlain, 
 Clark, Frederick A. Conkling, Crisfield, Cutler, Delano. Dunn, 
 Edgerton, Edwards, Ely, English, Fenton, Samuel C. Fessen- 
 den, Thomas A. D. Fessenden, Fisher, Flanders, Frank, 
 Gooch, Goodwin, Gurley, Hahn, Harrison, Hickman, 
 Hooper, Horton, Kelley, Killinger, Lansing, Lazear, Le.ary, 
 Lehman, Loomis, Lovejoy, Low, Mclndoe, McKean, Mc- 
 Knight, Marston, Maynard, Moorhead, Anson P. Morrill, 
 Nixon, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, 
 Alexander H. Rice, John II. Rice, Sargent, Sedgwick, Segar, 
 Sheffield, Shellabarger, Sloan, Smith, Spaulding, Stratton, 
 Benjamin F. Thomas, Francis Thomas, Train, Trimble, 
 Trowbridge, Tan Horn, Verree, Walker, Wallace, Walton, 
 Webster, Wheeler, Woodruff, Wright— 87. 
 
 Mr. Holman moved a substitute, the leading 
 features of which are embodied ia these sec- 
 tions : 
 
 That such militia of the several States shall be enrolled 
 under the authority of the respective States, and when any 
 number thereof shall bo called out by the President of the 
 United States as authorized by law, the same shall be or- 
 ganized into companies and regiments by the Governor of 
 such State, subject to the regulations established by the 
 President of the United States in pursuance with existing 
 law, and the company, field, and staff officers of tho forces 
 so organized shall be commissioned by such Governor as 
 now provided by law for commissioning officers for the vol- 
 unteer forces: Provided, That such militia shall not bo 
 called out for a period of m le than one year: And pro- 
 vided further. That tho I'.csident of the United States iu 
 calling out the militia shall apportion the number from 
 each State according to population, having regard to tho 
 number of volunteers or militia already furnished by the 
 States respectively. 
 
 That the pay of the privates in the regular army and volun- 
 teers and militia in the service of the United States shall bo 
 fl5 per month, from and after the 1st day of March, 1S63, 
 until otherwise provided by law. 
 
 Which was negatived — yeas 44, nays 108. 
 The YEAS were : 
 
 Yeas — Messrs. William Allen, Ancona, Biddle, Conway, 
 Corning, Cox, Cravens, Crittenden, Delaplaine, English, 
 Fouke, Granger, Hall, Harding, Holman, Johnson, Kerrigan, 
 Killinger, Knapp, Law, Mallory, May, Menzies, Morris, 
 Noble, Norton. Nugm, Pendleton, Price, James S. Rollins, 
 Shiel, Smith, .Tnhn B. Steele, William G. Steele. Stiles, Voor- 
 hees, Wadsworth, Ward, Whaley, Chilton A. White, Wood, 
 Woodniff, Wright, Yeama7i — 44. 
 
 The bill then passed — yeas 115, nays 49, as 
 follows : 
 
 Yeas — Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baily, Baker, Baxter, Beaman, Bingham, Jacob B. Bhiir, 
 Samuel S. Blair, Blake, William G. Brown, Buffinton, 
 Calvert, Campbell, Casey, Chamberlain, Clark, Colfax, 
 Frederick A. Conkling, Roscoe Conkling, Crisfield, Cutler, 
 2Ui 
 
262 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 Davis, Dawes, Delano, Diven, Dunn, Edgerton, Edwards, 
 Eliot, Ely, Fenton, Samuel C. Fessenden, Thomas A. D. 
 Fessendeti, Fisher, Flanders, Franchot, Frank, Gooch, 
 Goodwin, Granger, Ourley, Halin, Haight, Hale, Harrison, 
 Hickman, Hooper, Horton, Hutchins, Julian, Kelley, Fran- 
 cis W. Kellogg, William Kellogg, Killinger, Lansing, Leary, 
 Lehman, Loomis, Lovejoy, Low, Mclndoe, McKean, Mc- 
 Knight, Mcpherson, Marston, Maynard, Mitchell, Moor- 
 head, Anson P. Morrill, Justin S. Morrill, Nixon, Olin, Pat- 
 ton, Timothy O. Phelps, Pike, Pomeroy, Porter, Alexander 
 II. Rice, John IL Rice, Riddle, Edward H. Rollins, Sar- 
 gent, Sedgwick, Segar, Shanks, Sheffield, Shellabarger, 
 Sherman, Sloan, Spauldiug, Stevens, Stratton, Benjamin 
 F. Thomas, Francis Thomas, Train, Tn'mble, Trowbridge, 
 Vandever, Van Horn, Verree, Walker, Wall, Wallace, 
 Walton, Washburne, Webster, Wheeler, Albert S. White, 
 Wilson, Windom, Worcester — 115. 
 
 Nats— Messrs. William Allen, William J. Allen, Ancona, 
 Biddle, Cleinents, Conway, O/rning, Cox, Cravens, CHtten- 
 den, Delaplaine, Dunlap, English, Foul-e, Grider, Hall, Har- 
 ding, Holman, Johnson, KerHgan, Knapp, Law, Lazear, 
 MallWy, May, Menzies, Mnrris, Noble, Norton, Nugen, Pen- 
 dleton, Perry, Price, Robinson, James S. Rollins, Shiel, John 
 B. Steele, William G. Steele, Sliles, Vallandigham, Voorhees, 
 
 Wadsworth, Ward, Whaley, Chilton A. White, Wickliffe, 
 
 Wood, Woodruff, I'eaman — 19. 
 
 IN SENATE. 
 
 February 28 — The Senate resumed the con- 
 sideration of the amendments made by the 
 House, as recommended by tlie Military Com- 
 mittee, when, after debate, 
 
 Mr. Bayakd moved to postpone the bill inde- 
 finitely, which was negatived — yeas 11, nays 
 35, as follows : 
 
 Yeas — Messrs. Bayard, CarliU, Davis, Kennedy, Latham, 
 Powell, Rice, Richardson, Saulsbury, Wall, Wilson of Mis- 
 souri — 11. 
 
 Nays— Messrs. Anthony, Arnold, Chandler, Clark, CoUa- 
 mer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, 
 Grimes, Harding, Harlan, Harris, Henderson, Hicks, How- 
 ard, Howe, King, Lane of Indiana, Lane of Kansas, McDou- 
 gall, Morrill, Nesmith, Pomeroy, Sherman, Sumner, Ten 
 Eyck, Trumbull, Wade, Wilkinson, Willey, Wilmot, Wilson 
 of Massachusetts — 35. 
 
 The amendments of the House were then 
 concurred in, and the bill was declared passed. 
 
 THE SUPPLEMENT TO THE ENROLLMENT ACT, 
 FEBRUARY 24, 1864 p. 116. 
 
 First Session, Thirty-Eighth Congress. 
 
 1864, January 18 — The bill passed the Sen- 
 ate — yeas 30, nays 10, as follows : 
 
 Yeas — Messrs. Anthony, Clark, Collamcr, Conness, Cowan, 
 Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Hale, Hard- 
 ing. Harlan, Han-is, Howard, Johnson, Lane of Kansas, 
 Morgan, Morrill, Nesmith, Pomeroy, Ramsey, Sprague, Sum- 
 ner, Ten Eyck, Van Winkle, Wade, Willey, Wilson— 30. 
 
 Nays — Messrs. Buckalew, Carlile, Grimes, HendricJcs, 
 Howo, Lane of Indiana, Powell, SauUbury, Wilkinson, 
 Wright— \0. 
 
 The bill contained a provision that colored 
 troops enlisted and mustered into the service of 
 the United States in any State shall not be 
 credited upon the quota of any other State; 
 which was adopted — yeas 27, nays 11, as fol- 
 lows : 
 
 Yeas — Messrs. Brown, Buckalew, Conness, Cowan, Davis, 
 Doolittle, Foot, Grimes, Hale, Harding, Harlan, Henderson, 
 Hendricks, Howe, Johnson, Lane of Indiana, Lane of Kan- 
 sas, Morgan, Morrill, Nesmith, Pomeroy, Ramsey, Sauls- 
 tmry, Sherman, Ten Eyck, Trumbull, Wright— 27. 
 
 Nays — Messrs. Anthony, Clark, Dixon, Fessenden, Foster, 
 Harris, Howard, Sprague, Sumner, Wilkinson, Wilson — 11. 
 
 February 1 — The House considered, in Com- 
 mittee of the Whole, the substitute for the 
 Senate bill reported by the House Committee 
 on Military Affairs. 
 
 February 12 — The House agreed to the 
 amendments made by the Committee of the 
 Whole, reserving a few for special vote ; among 
 
 these was the following substitute for the 2'7th 
 section, as reported : 
 
 ENROLMENT OP COLOHED PERSONS. 
 
 Sec. 27. That nothing contained in this act shall be so 
 construed as to prevent or prohibit the enlistment of men 
 in the States in rebellion under the orders of the War De- 
 partment. 
 
 And in lieu thereof insert: 
 
 All able-bodied male persons of African descent, between 
 the ages of twenty and forty-five years of age, whether 
 citizens or not, resident in the United States, shall be en- 
 rolled according to the provisions of the act to which this 
 is a supplement, and form part of the national forces ; and 
 when a slave of a loyal citizen shall bo drafted and mustered 
 into the service of the United States his muster shall have a 
 certificate thereof. The bounty of $100, now payable by 
 law for each dralted man, shall be paid to the person to 
 whom such- dral ted person owes service or labor at the time 
 of his muster iato the service of the United States, on free- 
 ing the person. The Secretary of War shall appoint acom- 
 missiun in each of the slave States represented in Congress 
 charged to award a just compensation, not exceeding $300, 
 to each loyal person to whom the colored volnnteer may 
 owe service, who may volunteer into the service of the 
 United States, payable out of the commutation money upon 
 the master freeing the slave. 
 
 Which was agreed to — yeas 84, nays 71, as 
 follows : 
 
 Yeas — Messrs. Alley, Allison, Anderson, Arnold, Ashley, 
 John D. Baldwin, Baxter, Eeaman, Jacob B. Blair, Bout- 
 well, Boyd, Brandegee, Broomali, William G. Brown, Cobb, 
 Creswell, Heury Winter Davis, Thomas T. Davis, Dawes, 
 Deming, Dixon, Driggs, Eckley, Eliot, Frank, Garfield, 
 Gooch, Grinnell, Hale, Hooper, Ilotchkiss, Asahcl W. Hub- 
 bard, John H. Hubbard, Hulburd, Julian, Kasson, Kelley, 
 Francis W. Kellogg, Orlando Kellogg, Loan, Longyear, 
 Marvin, McBride, McClurg, Mclndoe, Samuel F. Miller, 
 Moorhead, Morrill, Daniel Morris, Amos Mvers, Leonard 
 Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, 
 Pike, Pomeroy, Alexander H. Rice, John H. Rice, Edward 
 IL Rollins, Scheuck, Scofield, Shannon, Sloan, Smith, 
 Smithers, Spalding, Starr, Stevens, Thayen Thomas, Tracy, 
 Upson, Van Valkenburgh, Elihu B. Waifiburne, William 
 IS. Washburn, Webster, Whaley, Williams, Wilder, Wilson, 
 Windom, Woodbridge--84. 
 
 Nays — Messrs. James C. Allen, William J. Allen. Ancona, 
 Baily, Augustus C. Baldwin, Bliss, Brooks, James S. Brown, 
 C hauler, Coffroth, Cole, Cox, Cravens, Dawson, Deiiison, 
 Eden, Edgerton, Eldridge, Finck, Ganson, Grider, Griswold, 
 Hall, Harding, Harrington, Benjamin G. Harris, Herrick, 
 Higby, Holman, Hutchins, William Johnson, Kalbfleisch, 
 Kernan, King, Knapp, Law, Lazear, LeBlond, Long, Mallory, 
 Marcy, McDowell, McKinney, James R. Morris, Morrison, 
 Nelson, Noble, Odell, John O'Neill, Pendleton, Radford, 
 Samuel J. Randall. William H. Randall, Robinson, Rogers, 
 James S. Rollins, Ross, Scott, John B.Steele, Wm. G. Steele, 
 Stiles, Strouse, Stuart, Sweat, Voorhees, Wadsworth, Wheeler, 
 Chilton A. White, Joseph W. White, Winfield, Fernando 
 Wood— 71. 
 
 The bill passed — yeas 94, nays 65, as follows : 
 
 Yeas — Messrs. Alley, Allison, Amlerson, Arnold, Ash- 
 ley, Baily, John D. Baldwin, Baxter, Boaman, Jacob B. 
 Blair, Boiilwcll, Boyd, Brandegee, Broomali, William G. 
 Brown, Cobb, Cole, Creswell, Henry Winter Davis, Thomas 
 T. Davis, Dawes, Deming, Dixon, Driggs, Eckley, Eliot, 
 Farnsworth, Frank, Garfield, Gooch, Grinnell, Griswold, 
 Hale, Higby, Hoojier, Hotchkiss, Asahel W. Hubbard, 
 .lohn H. Hubbard, Hulburd, Jenckos, Julian, Kasson, Kel- 
 ley, Francis W. Kellogg, Orlando Kellogg, Loan, Longyear, 
 Marvin, McAllister, McBride, McClurg, Mclndoe, Samuel F. 
 Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, 
 Leonard Myers, Norton, OdeH, Charles O'Ned, Orth, Pat- 
 terson, Perham, Pike, Pomeroy, William H. Randall, Alex- 
 ander H. Rice, John H. Rice, Edward H. Rollins, Schenck, 
 Scofield, Shannon, Sloan, Smith, Smithers, Spalding, Starr, 
 Stevens, Thayer, Thomas, Tracy, Upson, Van Valkenburgh, 
 Ellihu B. Washburne, William B. Washburn, Webster, 
 Whaley, Wheeler, Wdliams, Wilder, Wilson, Wmdom, 
 Woodbridge— 94. 
 
 Nays— Messrs. James C. Allen, William J. Allen, An- 
 cona, Augtistus C. Baldwin, Bliss. Brooks, James S. Brown, 
 Chanter, Coffroth, Cox, Cravens, Dawson, Denison, Eden, Ed^ 
 gerton, Eldridge. Finck, Ganson, Grider, Hall, Harding, 
 Harrington, Benjamin G. Harris, Herrick, Hlman, HutcK 
 ins. William Johnson, Kalbfleisch, Kernan, King. Knapp, 
 Law, Lazear, Le Blond, Long, Mallory, Marcy, McDowdl, 
 McKinney, Wm. H. Miller, Jas. R. Morris, Morrison, Nelson, 
 Noble, John O'Neill, Pendleton, Radford, Samuel J. Randall, 
 Robinson, Rogers, J. S. Rollins, Ross, S-:oit. John B. Steele, 
 W. G. Steele, Stiles, Strouse, Stuart, Sweat, Voorhees, Wads- 
 
 i 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 263 
 
 toorth, C. A. White, Joseph W. White, Winjleld, Fernando 
 Wood— 6b. 
 
 February 15 — The Senate non-concurred in 
 the amendments of the House. 
 
 February 16 — The House insisted on its 
 amendments, and asked a Committee of Confer- 
 ence. 
 
 February 19 — The Senate concurred in the 
 report of the Committee of Conference — being 
 the law as it now is — yeas 26, nays 16, as fol- 
 lows : 
 
 Yea?— Messrs. Anthony, Clark, Dixon, Doolittle, Fcssen- 
 den, Foot, Foster, Grimes, Hale, Harding, Harris, Hender- 
 son, Johnson, I^ne of Kansas, Morgan, Morrill, iVesmtV/i, 
 RamSL'V, Sherman, Spraguo, Sumner, Ten Eyck, Van Win- 
 kle, Wado, Willey. Wilson— Ce. 
 
 Nays — Messrs. Bucl-alew, Carlile, Chandler, Conness, 
 Davis, Harlan, Uendricks, Howard, Howe, Lane of Indiana, 
 Powell, Riddle, SauUbury, Trumbull, Wilkinson, Wriyht, 
 —16. 
 
 February 19 — The House concurred in the 
 report of the Committee of Conference — yeasTl, 
 nays 23, as follows: 
 
 Yeas — Messrs. Alley, Allison, Anderson, Arnold, John D. 
 Baldwin, Baxter, Beaman, Francis!'. Blair, Blow, Boutwell, 
 Brandegee, Broomall, Ambroso W. Clark, Cobb, Cole, Henry 
 Winter Davis, Dawes, Deming, Dixon, Dumont, Eckley, 
 Eliot, Farnsworth, Fenton, Frank, Gooch, Grinnoll, Hale, 
 Higby, Hooper, Asahel W. Hubbard, Jcnckes, Julian, Kas- 
 son, Kel ey, OrLiudo Kellogg, Loan, Longyear, Marvin, 
 WcBride, McClnrfr, Samuel F. Miller, Moorhoad, Amos 
 Myers, Leonard Myers, Odell, Charles O'Nei.l, Orth, Patter- 
 son, Pcrham, Tike, Tomeroy, Price, William H. Kandall, 
 Alexander H. Rice, John H. Rice, Edward H. RoHius, 
 Schenck, Pcofield. Shannon, Smithers, Spalding, Starr, 5te6- 
 lins, Upson, Van Valkenburgh, Ellihu B. Washburue, Wil- 
 liams, Wilder, Wilson, Windom — 71, 
 
 N'ays — Messrs. Amjustus C. Baldinn, Brools, Chanler, 
 Cox, Dawson, Edperlon, Eldridtje, Bejijamin 6. Barris, 
 Le Blond, Long, McDowell, McKinney, James R. Morris, 
 Mirrison, Noble, John O'Neill, Pendlet-r.n, San^el J. Ran- 
 dall. James S. Rollins, Ross, Waj-d, Chilton A. While, Jo- 
 ieph W. WhiU—2Z. 
 
 SUPPLEMENT OP JULY 4, 1864* — p 117. 
 
 IN SENATE. 
 1864, June 8— The Senate took up this bill 
 reported from the Military Committee : 
 
 That so much of the actentitler! "An act for enrolling and 
 calling out the national forces, and for other purposes," ap- 
 
 * Additional legislation is asked by the President, Secre- 
 tary of Wai-, and Provost Marshal General, whose communi- 
 cations arfa appended: 
 To the Senate and 
 
 House of Representatives : 
 
 I have tho honor to submit for tho consideration of Con- 
 gress a letter and inclosure from theSecretary of War, with 
 my concurrence in the recommendation therein made. 
 
 ABRAHAM LINCOLN. 
 
 WiSHiNGTON, D. C, June 8, 186i. 
 
 Wak Department, 
 Washington Citt, June 7, 1864. 
 
 Sir : I beg leave to submit to you a report made to me 
 by the Provost Marshal General, shomng tho result of the 
 draft now going on to fill the deficiency in the quotas of 
 certain States, and i-ecommnnding a repeal of the clause in 
 the enrollment act commonly known as the $300 clause. 
 The recommendation of the Provost Marshal General is 
 approved by this Department, and I trust that it will be 
 recommended by you to Congress. 
 
 The recent successes that have attended our arms lead to 
 the hope that by maintaining our military strength and 
 giving it such an increase as the extended field of opera- 
 tions may require, an early termination of the war may bo 
 attained. But to accomplish this it is absolutely necessary 
 that cfacient means be taken, with vigor and promptness, 
 to keep the Army up to its strength and supply deficiencies 
 occasioned by the losses sustained by casualties in the field. 
 To that end resort must be had to a draft, but ample expe- 
 rience has now shown that tho pecuniary exemption from 
 service frustrates the object of the enrollment law by fur- 
 nishing money instead of men. 
 
 An additional reason lor repealing the $300 clause is that 
 
 proved March 3, 1863, and tho acts amendatory thereof, as 
 authorizes the discharge of any drafted person from liability 
 to military service by reason of tho payment of $300 for the 
 procuration of a substitute, or otherwise, be, and the same 
 is hereby, repealed : Provided, That nothing contained in 
 this act shall be construed to alter tho provision* of exist- 
 ing laws relative to persons actually furnishingsubstitutcs. 
 
 Sec. 2. That nothing in the act approved February 1:4, 
 1864, amending tho act approved March 3, 1863, for enroll- 
 ing and calling out the national forces, shall be construed 
 to repeal that part of the said act approved March 3, 1863, 
 which requires that the board of enrollment, in making 
 di-afts, shtiU " make a draft of the required number and fifty 
 per centum in addition." 
 
 Sec. 3. That section twelve of the act for enrolling and 
 calling out the national forces, and for other purposes, ap- 
 proved March 3, 1863, be, and is hereby, so amended that 
 the notice to bo served on drafted men may be served within 
 ten days after such draft or at any time within six months 
 therefrom. 
 
 June 9 — Mr. Collamer moved the following 
 additional sections : 
 
 That all calls for drafts hereafter made under the act en- 
 titled "An act for enrolling and calling out the national 
 forces, and for other purposes," approved March 3, 1863, and 
 of any act in addition to or amendment thereof, shall be 
 for a term not exceeding one year. 
 
 That this act shall not extend to or include drafts to be 
 made in any district or subdivision thereof, to fill its quota 
 on calls already made, but the same shall be completed un- 
 der the laws in forCe before the passage hereof. 
 
 That no person drafted on future calls shall be liable to 
 be again drafted until the present enrollment shall be ex- 
 hausted. 
 
 That the number of men furnished from any district for 
 the service of the United States beyond and above its quota 
 on calls herctobefore made, and the term of service of such 
 men, shall be considered and allowed to said district in calls 
 hereafter made. 
 
 The first section of the amendments was 
 agreed to — yeas 22, nays 17, as follows : 
 
 Yeas — Messrs. Anthony, BucJcalew, Clark, Collamer, 
 
 it is contemplated to make tho draft for a comparatively 
 short term. The burden of military service will therefore 
 be lightened, but its certainty of furnishing troops ia an 
 absolute essential to success. 
 I have the honor to be, your obedient servant, 
 
 LDWIN M. STANTON, 
 Secretary of War. 
 To the President. 
 
 War Depaktment, 
 Provost Marshal General's Office, 
 Washington, D. C, June 6, 1S64. 
 Sir: In accordance with the amended enrollment act ap- 
 proved February 24, 1864, and your orders on the subject, I 
 am now conducting a draft in various sub-districts for their 
 respective deficiencies on quotas of troops heretofore as- 
 signed. The results of this draft, so far as shown by reports 
 of this date, are worthy of attention. They are, briefly, aa 
 follows : 
 
 Number of drafted men examined 14,741 
 
 Number exempted for physical disability 4,374 
 
 Number exempted for all other causes 2,033 
 
 Total exempted 7,016 
 
 Number paid commutation money 5,030 
 
 Number who have furnished substitutes 1,416 
 
 Number held for personal service 1,259 
 
 (This last includes some who may yet pay 
 commutation money.) 
 Total not exempted 7,725 
 
 These reports come from sub-districts in eight different 
 States. I invite your attention to the small proportion ol 
 soldiers being obtained under the existing law. I see no 
 reason to believe that the army can be materially strength- 
 ened by draft so long as tho S300 clause is in force, nor do I 
 think it safe to assume that the commutation paid by a 
 drafted man will enable tho Government to procure a vol- 
 unteer or substitute in his place. I do not think that large 
 bounties by tho United States should be again resorted to 
 for raising troops. I recommend that tho SvlOO clause, as it 
 is known, be repealed. 
 
 I am, sir, very respectfully, your obedient servant, 
 JAMKS B. FRY, 
 Provost Matshal General. 
 Hon. E. M. Stanton, Secretary of War. 
 
264 
 
 LEGISLATION. ORDERS, PROCLAMATIONS, ETC. 
 
 Davis:, Doolittle, Fessenden, Foot, Foster, Hams, Howard, 
 Howe, Lane of Kansas, Morrill, Powell, Richardson, Sum- 
 B'T, Van ^Vinklo, Wade, Wilkinson, Willey, Wilson— 22. 
 
 Nats— Messrs. Brown, Carlile, Cliandler, Conness, Grimes, 
 Harlan, Henderson, Johnson, McDou{jaU, Morgan, Nesmith, 
 Pomeroy, Ramsey, Sherman, Sprague, Ten Eyck, Trum- 
 bull— 17. 
 
 Tlie remaining sections were agreed to. 
 
 ENLISTMENT OF INDIANS. 
 
 June 20 — Mr. Brown moved this new section : 
 
 That in any draft wlaich may hereafter take place, all In- 
 dian tribes with whom treaties have Ijeen made by the Uni- 
 ted States and who are receiving annuities from the Gov- 
 ernmcntshall be required to furnish their respective quota of 
 men ; and that the duties of enrollment, or ascertaining the 
 approximate numbers of said tribes, shall, whenever the 
 8.ame is necessary, be performed by the Indian agents as 
 part of their appropriate duty, without further compensa- 
 tion, under instructions from the Provost Marshal General. 
 And in the event that any tribe receiving annuities as afore- 
 said shall refuse or fail to furnish its required quota, then 
 and in that event the wh^lo or such part of their said an- 
 nuities as the Secretary of the Interior shall deem adequate 
 to provide substitutes shall be withheld from the annual 
 payment, and shall be placed in the Treasury along ^vith 
 the commutation fund heretofore paid for a like purpose : 
 And provided further. That the force thus raised may be 
 employed by the Government for the purpose of maintain- 
 ing peace and protecting from hostile incursion the Indian 
 anJ other Territories, and of relieving such troops as are 
 now engaged in that duty. 
 
 Mr. Doolittle moved this substitute for the 
 above : 
 
 That the Secretary of War is authorized to receive into 
 the militarv service of the United States Indians of tribes 
 ill treaty wid. the United States, to be employed as a part 
 of the military force of the United St ites for the purpose of 
 maintaining peace and protecting from hostile incursion the 
 Iiidi.an Teiritory and other Territories where the hostile 
 or invading force is in whole or in part composed of hostile 
 Indians. 
 
 Which was agreed to — yeas 24, nays 12, as 
 follows: 
 
 Yeas — Messrs. Chnndler. Clark, CoUamer, Conness, Di.xon, 
 Doolittle, Foot, Foster, Harlan, Harris, Howard, Line of 
 Indiana, Lane of Kansas, McDougall, Morgan, Pomeroy, 
 .-herman, Sprague, Sumner, Ten Eyck, Van Winkle, Wade, 
 Willey, Wilson— 24. 
 
 Nays — Messrs. Brown, Buckalew, Carlile, Davis, Grimes, 
 Hendricls, Johnson, PoweU, Ramsey, Richardson, Sauls- 
 bury, Wilkinson — 12. 
 
 The amendment, as amended, was then reject- 
 ed — yeas 10, nays 29, as follows: 
 
 Yeas — Messrs. Brown, Doolittle, Grimes, Harlan, Lane of 
 Indiana, Lane of Kansas, McDougall, Pomeroy, Ramsey, 
 Sprague — 10. 
 
 Nays — Messrs. Anlhony, Buckalew, Carlile, Chandler, 
 Clark. CoUamer, Cowan, Davis, Di.xon, Foot, Foster, Harris, 
 He.ndricks, Howard, Johnson, Moigan, Powell, Richardson, 
 Riddle, Saulsbury, fc^hel'm^n, Sumner, Ten Eyck, Trum- 
 bull, Van Winkle, Wade, Wilkinson, Willey, Wilson— 29. 
 
 NO SUBSTITUTION. 
 
 Mr. McDougall moved to insert this provi- 
 
 siuD : 
 
 And from and after ten days from the passage of this act 
 substitutes shall not be allowed in place of persons subject 
 to draft and regularly drafted into the service of the United 
 States. 
 
 Wiiich was rejected — yeas 6, nays 35, as fol- 
 lows : 
 
 Yeas— Messrs. Chandler, Doolittle, Grimes, McDougall, 
 Ramsey, \Vilkinson— 6. 
 
 Nays — Messrs. Brown, Buckalew, Carlile, Clark, CoUamer, 
 C;onnes8, Cowan, Z)arV.«, Dixon, Foot, Foster, Harlan, Harris, 
 Hendricks, Howard, Howe, Johnson, Lane of Indiana, Lane 
 of Kansas, Morgan, Morrill, Nesmith, Pomeroy, Powell, 
 Richardson, Riddle. Sherman, Sprague, Sumner, Ten Eyck, 
 Trumbull, Van Winkle, Wade, Willey, Wilson— 35. 
 
 Mr. Hendricks moved to strike out the first 
 section ; which was agreed to — yeas 21, nays 
 18, as follows: 
 
 Yeas— Messrs. Buckalew, Carlile, Clark, CoUamer, Cow- 
 
 an, Davis, Dixon, Foot, Foster, Harris, Hendricks, Johnson. 
 McDougall, Morrill, Powell, Richardson, Riddle, Saulsbury, 
 Van Winkle, Willey, Wilson— 21. 
 
 Nays — Messrs. Anthony, Brown, Chandler, Conness, Fes- 
 senden, Grimes, Harlan, Howe, Lane of Indiana, Lane of 
 Kiinsas, Morgan, JVesmith, Ramsey, Sherman, Sprague, 
 Sumner, Ten Eyck, Trumbull — 18. 
 
 Pending other propositions, the bill was re- 
 committed to the Committee on Military Affairs, 
 and all the amendments fell by the recommit- 
 ment. 
 
 June 23 — The Senate considered the bill, 
 which was reported back in the shape in which 
 it was originally reported. 
 
 Mr. Morgan moved to amend by adding this 
 section : 
 
 That in the calls for drafts hereafter made under the act 
 " for enrolling and calling out the national forces," and the 
 acts in addition to or amendatory tlicreof, the same may be 
 made for such term of time as the President shall direct, 
 not exceeding one year. 
 
 Mr. Wilson moved to amend the amendment 
 by making it read "shall be made for one 
 year ;" which was rejected — yeas 12, nays 18, 
 as follows : 
 
 Yeas — Messrs. Clark, CoUamer, Davis, Dixon, Foot, Haiv 
 ris, i/cntiric/LS, Howe, Johnson, Sumner, Willey, Wilson — 12. 
 
 Nays — Messrs. Brown, Chandler, Foster, Grimes, Harlan, 
 Howard, Lane of Kansas, Morgan, Pomeroy, Powell, Ram- 
 sey, Riddle, SauUbwy, Sherman, Sprague, Ten Eyck, 
 Trumbull, Wade— 18. 
 
 Mr. Chandler moved to amend the amend- 
 ment by striking out "not exceeding one year,'' 
 and inserting " not less than one nor more than 
 three years;" which was rejected — yeas 16, 
 nays 23, as follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Conness, 
 Grimes, ILulan, Howard, Howe, Lane of Kansas, Pomeroy, 
 Ramsey, SEerman, Sprague, Ten Eyck, Trumbull, Wilkin- 
 son— 16. 
 
 Nays— Messrs. Buckalew, Carlile, Clark, CoUamer, Davis, 
 Dixon, Doolittle, Foot, Foster, Hale, Harris, Hendricks, 
 Johnson, Morgan, Morrill, PoiveU, Riddle, Saulsbury, Sum- 
 ner, Van Winkle, Wade, AVilley, Wilson- 23. 
 
 The amendment offered by Mr. Morgan was 
 then agreed to — yeas 25, nays 14, as follows: 
 
 Yeas — Messrs. Buckalew, Clark, CoUamer, Cowan, Davis, 
 Dixon, Doolittle, Foot, Hale, Harris, Hendricks, Howe, 
 Johnson, Lane of Kansas, Slorgan, Morrill, Pomeroy, Pow- 
 ell, Ricliardson, Sumner, Ten Eyck, Van Winkle, Wade, 
 Willey, Wilson— 25. 
 
 Nays — Messrs. Brown, Carlile, Chandler, Conness, Foster, 
 Grimes, Howard, McDougall, Ramsey, Riddle, Sherman, 
 Sprague, Trumbull, Wilkinson— 11. 
 
 Mr. Collamer moved to strike out the first 
 section and insert this : 
 
 That the thirteenth section of the act entitled " An act 
 for enrolling and calling out the national iorces, and for 
 other iiurposes," approved March 3, 1SG3, is hereby so 
 amended that the sum to bo paid by a drafted man to the 
 Government for the jjrocuration of a substitute shall not 
 exceed SoOO, instead of .^00. 
 
 Which was rejected without a division. 
 Mr Grimes moved a new section, which was 
 agreed to : 
 
 That the number of men furnished from any district for 
 the service of the United States beyond and above its quota 
 on calls heretofore made, and the term of service of such 
 men, shall be considered and allowed to said district in calls 
 hereafter made. 
 
 Mr. Wilson offered this new section, which 
 he afterwards withdrew, decided opposition to 
 it being manifested : 
 
 That any persons resident in the States of Virginia, North 
 Carolina, South Carolina, Georgia, Florida, Alabama, Mis- 
 sissippi, Louisiana, Texas, or Arkansas, Avho may voluntarily 
 enlist in the military service of the United States for the 
 term of three years or during the war, shall be entitled to 
 the benefits and privileges of existing laws, and such per- 
 sons shall be mustered into the regiments or other organi- 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 265 
 
 rations of whatsoever State they may elect, or, in the case 
 a colored troops, shall be assigned as now provided bylaw. 
 And the States or subdivisions of States procuring such en- 
 listments shall receive credit forsuch persons, in accordance 
 witti the laws in other cases; but such enlistments as are 
 authorized in any State, under the prorisions of this act, 
 El'.all only continue until such State shall have been made 
 subject to a call for troops. 
 
 Mr Grimes offered the following new section, 
 which was ngreed to : 
 
 That no pcrfon drafted on future calls or who shall vol" 
 unteer to fi!l the same shall be liable to be again drafted, 
 until the existing enrollment shall be exhausted. 
 
 The hill, as amended, passed — yeas 24, nays 
 7, as follows : 
 
 Yeas — Messrs. Anthony. Brown, Chandler, Clark, Doolittle, 
 Foot, Foster, Grimes, Harlan, Howard, Howe, Lane of 
 Kansas, Morgan, Pomeroy, Ramsey, Sherman, Sprague, 
 Ten Eyck, Trumbull, Van Winkle, AVade, W ilkinson, WiX- 
 ley, Wilson — 24. 
 
 Nats— Messrs. Budcah'w, Carlile, McDougall, Powell, 
 Richardson, Riddle, SauUhury — 7. 
 
 June 29 — The House having returned a new 
 bill, it was considered in the Senate and amend- 
 ed by substituting the former Senate bill, with 
 an additional section or two. 
 
 Mr. Sherman oifered this new section : 
 
 That for the purpose of paying the bounties and of en- 
 forcing the dnilt provided lorin thisact, there bo levied end 
 collected in addition to the duties imposed by law,aspecial 
 duty of five per cent, on all incomes exceeding S600, accru- 
 ing during the year 1SG4, which duty shall be assessed and 
 collected in the mode and accordingto the provisions, penal- 
 ties, and restrictions provided in the act approved , (En- 
 titled "An act to provide internal revenue to suppoit the 
 Government, to pay interest on the public debt, and fcr 
 other purposes." And this duty shall be payable on the 1st 
 day of October next, and the Secretary of the Treasury ii 
 authorized to prescribe such rules and regulations as to th? 
 time and mode of assessment as will secure the collection 
 of this special tax. 
 
 Which was agreed to — ^yeas 25, nays 7, as 
 follows : 
 
 Yeas— Messi-s. Anthony, Brown, Chandler, Clark, Con- 
 ness, Doolittle, Foot, Foster, Grimes, Hale, Harlan, Howe, 
 Lane of Indiana, Lane of Kansas, Morgan, Pomeroy, Ram- 
 sey, Sherman, Sprague, Sumner, Ten Eyck, Wade, "Wilkiu- 
 Bon, Willey, Wilson^i5. 
 
 Nats — Messrs. JJuclaleiv, Davis, Harris, Seiidncks, Mc- 
 Dougall, Fowell, Riddle— 1. 
 
 Mr. Powell offered this, which was agreed to : 
 That no ofEcsrs or persons engaged in the military service 
 of the United States shall enlist, recruit, or muster into the 
 military service of the United States any person i n any State 
 of the United States to iill the quota of any State in which 
 the person so enlisted, recruited, or mustered iuto the ser- 
 vice of the United States does not reside. Any recruiting 
 or military ofiicer who shall violate this section shall be 
 dismissed the service of the United States wWi forfeitui-e of 
 all pay aud allowances, and shall be subject To such further 
 punishment as a court-martial may diiect. 
 
 The bill then passed the Senate. 
 
 June 30 — The Senate, after receiving the 
 message from the House stated in House pro- 
 ceedings of this date, reconsidered their action, 
 and struck out the tax section. 
 
 The bill wont to a Committee of Conference, 
 whose report being the law as passed (page IIG) 
 the Sentite, June 2, first rejected — yeas 16, 
 Qiys 18," as follows; 
 
 Yeas— Messrs. Anthony, Clark, Foot, Foster, Hale, John- 
 son, Lane of Indian.^, Lane of Kansas, Morgan, Morrill, 
 Pomeroy, Ramsoy, Sumner, Wade, Wilkinson, Wilson — 16. 
 
 Nats — Messrs. JJuckalew, Carlile, Conness, Cowan, Davis, 
 Henderson, Hendricks, Hicks, McDougall, Powell, Riddle, 
 Saitkbury, Sherman, Sprague, Ten Eyck, Trumbull, Van 
 Winkle, Willey— 18. 
 
 Afterward the vote was reconsidered, and 
 the report adopted — ^yeas 18, nays 17, as fol- 
 lows : 
 
 Yeas— Messrs. Anthony, Chandler, Clark, Conness, Fes- 
 
 senden, Foot, Foster, Hale, Lane of Kansas, Morgan. Morrill, 
 Pomeroy, Ramsey, Sumner, Van Winkle, Wade, Wilkinson, 
 Wilson— 18. 
 
 Nats — Messrs. Buckaleiv, Carlile, Davis, Doolittle, Il.arlan, 
 Harris, Henderson. Hendricks, Howe, Lane of Indian.i, Mc- 
 Dour/all, Powell, Riddle, Saulsburi/, Sherman, Trumbull, 
 Willey— 17. 
 
 IN HOUSE. 
 
 18G4, June 13 — Mr. Schenck introduced this 
 bill amendatory of the conscription act: 
 
 Snc. 1. That so much of the act entitled -'An act for en- 
 rolling and calling out the national forces, and for other 
 purposes," approved March three, eighteen bundled and 
 sixty-three, and of the several acts amendatory thereof, an 
 provides for a commutation in money, to bo paid by persona 
 enrolled or drafted for military service, in lieu of actually 
 rendering such military service, be, and the same is hereby, 
 repealed ; and hereafter no p.iyment of money shall bo ac- 
 cepted or received by the Government to rclca.so any en- 
 rolled or drafted man from obligation to perform military 
 duty. 
 
 Sec. 2. That hereafter no person shall bo received or ac- 
 cepted to serve in the army of the United States, as a sub- 
 stitute for any other person liable to military duty and who 
 may have been enrolled or drafted for that purpose, unless 
 such substitute be the father, brother, or son of the person 
 so enrolled or drafted, and for whom he proposes to become 
 such substitute. 
 
 Sec. 3. That the President of the United States may, at 
 his discretion, at any time hereafter, order a draft under the 
 provisions of the "Act for enrolling and calling out the na- 
 tional forces, and for other purposes," approved March 
 third, eighteen hundred aud sixty-three, and of the several 
 acts amendatory thereto, for soldiers to serve for a loss pe- 
 riod than three years: Provided, however. That no such 
 draft shall be for a less term of service than one year. 
 
 Sec. i. That the President shall accompany any order for 
 a draft of men for military service with a notice that he will 
 accept volunteers in lieu of such drafted men prior to the 
 day appointed for the draft, to Jill the quota or any part 
 thereof of any town, township, precinct, or election district; 
 md every person so volunteering, in lieu of a man to be 
 drafted, shall be credited to such town, township, precinct, 
 o.r election district ; and if he volunteers and is accepted and 
 mustered into the service for a term of one year, unless 
 sooner discharged, shall receive and be paid by the United 
 Slates a bounty of one hundred dollars, and if for a term of 
 tn years, unless sooner discharged, a bounty of two hun- 
 ch-ed dollars, and if for a term of three years, unless sooner 
 discharged, a bounty of three hundred dollars, one half of 
 which said bounty shall be paid to the soldier at the time 
 of his being mustered into the service, one fourth at the 
 expir.xtion of one half his term of service, and one fourth at 
 the tnd of his term of service; and the President in any call 
 or orC.€v for a draft shall specify the exact time of service 
 for wL'ich such draft is to be made, and the volunteers ac- 
 ceptel IE lieu of the whole or any part of the quotas to be 
 provi(Je>i under that draft shall be for not less than the 
 term oi^'tenice for which that draft is ordered. 
 
 Sec 5. That section three of an act entitled " An act to 
 amend an act entitled an act for enrolling aud calling out 
 the national forcee, and for other purposes," approved Feb- 
 ruary 24th, 1S64, be, and the same is hereby, amended so as 
 to authorize and direct district provost mar^hal8, under the 
 d rection of the Provost Marshal General, to make a draft 
 for fifty per centum in addition to the number required to 
 fill the quota of any district, as provided by said section. 
 
 Sec. 6. That, instead of travelling pay, all drafted persons 
 reportir.g at the place of rendezvous shall be allowed trans- 
 portation from their places of residence ; and persons dis- 
 charged at the place of rendezvous sliall be allowed trans- 
 portation to their places of residence. 
 
 i\Ir. Schenck demanded the previous ques- 
 tion ; but the House refused to second it — yeas 
 45, nays 60. The bill was laid over. 
 
 June 21 — The subject was resumed. On a 
 motion to reject the bill, the yeas were 75, nays 
 75 — the Speaker voting nay. 
 
 VOTE ON SECTION KEPEALINQ THE $300 COM- 
 MUTATION CLAUSE. 
 
 The first section was then stricken out — yeas 
 100, nays 50, as follows : 
 
 Yeas— Messrs. Same'! C. Allen, WiUtam J. AlUn, Alley, 
 Ames, Ancona, licit);, Augustus O. Baldwin, John D. Bald- 
 win, Bliiine, Bliss, Bounveil, Brooks, Broomall, Janes S. 
 Sroiora, William G. Brown, C/.an?er, Kre-^miin Clarke, Co/- 
 frolh, Cravens, Thomas T. Davis, Daweo, Dawson, Doming, 
 
266 
 
 LEGISLA.TION, ORDERS, PROCLAMATIONS, ETC. 
 
 Denison. Ehn, Edgerton, Eldridge, Eliot, Enqlish, Ventorx, 
 /VncA-, Frank, Ganson.Qooch, Gndcr, GnsitoZd, Hale, Hard- 
 ing, HarrinyUm, B ■njamin G. Harris, Hernclc, Holman, 
 Hooper, Hotclikiss, Hutchins, Philip Johnson. Wm. Johnson, 
 KalbJUisch, Knapp, Law. Lazear, LeBlond, Mallory, Marcy. 
 McDoweU, Mc Kinney, MiddUton, Samuel F. Miller, Wm. H. 
 MUlei; Daniel ^Morris, James R. Morris, Morrison, Amos 
 Myers, Leonard Jlyers, Nelson, Noble, Odell, John O'Neill, 
 Patterson, Pendlecon, PerhHni, Perry, Pruyn, Radford, 
 Samutl J. Randall, Alexander H. Rice, Robinson, Rogers, 
 Edward II. Itollins, Scofield, Scott, John B. Steele, Wm. G. 
 Steele, Stevens, Slile.':, Strouse, Stuart, Sweat, Tliomap, 
 Upson, Wadsworth, Hftj-d, Wiliiim B. Washbuin, Webster, 
 Whaley, Wheeler. ChiUon A. White, Joseph W. While, \^il- 
 liams, Wiiijidd— 100. 
 
 Nats — Messrs. Arnold, Ashley. Baxter, Beaman, Blair, 
 Blow, Boyd, Anibrcse W. Claik,Cobb, Cole, Dixon, Donnel- 
 ly, Driggs, Eckley, Furnsworth, Garfield, Uigby, Asahel W. 
 liubbard, Jolin II. Hubbard, Hulburd, Ingersoll, Julian, 
 Kelley, Jb'iancis W. Kellogg, Knox, Loan, Longyear, Mar- 
 vin, llcClurg, Moorhead, Morrill, Norton, Cbarles O'Neill, 
 Orth, Pike, I'umeroy, Pric»', John II. Rice, Ross, Sohenck, 
 Shannon. Sloan, Smithers, Tliayer, Tracy, Van Valken- 
 burgh, EUihu B. Washburne, Wilder, Wilson, Windoni— 50. 
 
 The second section was stricken out witliout 
 a division. 
 
 Several substitutes were offered, but no votes 
 were taken on tliem. 
 
 June 25 — Mr. Schenck offered a substitute 
 for tlie bill, the first sections of which were : 
 
 That 60 much of the act entitled " An act for enrolling 
 and calling out the national forces, and for other purposes," 
 approved March 3, 1863, and of the several acts amendatory 
 thereof, as provides for a commutation in money, to be paid 
 by persons enrolled or drafted for military service, in lieu 
 of actually rendering such military service, be, and the 
 same is hereby, repealed; and hereafter no payment of 
 money shall be accepted or received by the Government to 
 release any enrolled or drafted man from obligation to per- 
 form military duty. 
 
 Sec. 2. Jnd be it further enacted. That the President of 
 the United States may, at his discretion, at any time here- 
 after, order a draft for soldiers to serve for a less period 
 than three years: Provided, however. That no such draft 
 shall bo for a less term of service than one year. 
 
 The third section provided for the acceptance 
 of volunteers before the draft, with $100 bounty 
 for a one year volunteer, $200 for a two year, 
 and $300 for a three year. Drafted men, sub- 
 stitutes, and volunteers to be organized to- 
 gether according to States, and, as far as pos- 
 sible, to select (heir own regimentc. Recruit- 
 ing of persons under sixteen prohibited, and 
 the Secretary of War authorized to discharge 
 persons under eighteen. 
 
 After debate, 
 
 Mr. Cox moved that the bill be tabled, which 
 was rejected — yeas 57, nays 78, as follows: 
 
 Yeas — Messrs. William J. Allen, Ancona, Augustus C. 
 Baldwin, James S. Brown, Chanter, Coffroth, Cox, Cravens, 
 Dawson, Eden, Edgerton, Eldridge, English, Finck, Grider, 
 Harding, Harrington, Benjamin G. Harris, Charks M. 
 Harris, Herrick, Holman, Hutchins, Philip Johnson, Wil- 
 liam Johnson, Keriian, Law, Lazear, Le, Blond, Mallory, 
 Marcy, McDowell, McKinney, William H. Miller, James R. 
 Morris, Morrison, Nelsnn, Noble, John O'Neill, Pendleton, 
 Pi-uyn, Radford, Samuel J. Randall, Robinson, Rogers, 
 James S. Rollins, Ross, John B. Steele, William G. Steele, 
 Stiles, Strouse, Stuart, Sweat, Chilton A. White, Joseph W. 
 White, Winfield, Benjamin Wood, Fernando Wood—fri. 
 
 Nats — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Blair, 
 Blow, Boutwell, Boyd, William G. Brown, Ambrose W. 
 Clark, Cobb, Cole, Creswoll, Thomas T. Davis, Dawes, 
 Deming, Dixon, Donnelly, Driggs, Eliot, Farnsworth. Fen- 
 ton, Garfield, Gooch, Griswold, Ilale, Higby, Hooper, Asahel 
 W. Hubbard, John II. Hubbard, Hulburd, Jenckes, Julian, 
 Kelley, Francis W. Kellogg, Orlando Kellogg, Knox, Little- 
 john, Loan, Longyear, Marvin, McClurg, Moorhead, Mor- 
 rill, Daniel Morris, Amos Myers, Leonard Myers, Norton, 
 Odell, Charles O'Neill, Orth, Patterson, Perham, Pike, 
 Pomeroy, Price, John H. Rice, Edward H. Rollins, Schenck, 
 Sloan, Smithers, Stevens, Thayer, Thomas, Tracy, "Van 
 Valkenburgh, EUihu B. Washburne, William B. Washburn, 
 Webster, Whaley, Wilson, Windom — 78. 
 
 June 27 — The substitute of Mr. Schenck, aJ 
 above, with the addition of a section authori:;- 
 ing persons resident in Virginia, North Caro- 
 lina, South Carolina, Georgia, Florida, Missis- 
 sippi, Louisiana, Texas, and Arkansas, enlisting 
 for the war, or not less than one year, to have 
 the benefit of existing laws, credit for them to 
 go to the States procuring the enlistments ; 
 provided, that such enlistments as are author- 
 ized in any State, under the provisions of this 
 act, shall only continue until such State shall 
 have been made subject to a call for troops; 
 and provided further, that no enlistments shall 
 be made of any soldiers, either in or out of any 
 State, except those enumerated herein, unless 
 full credit is given to the State to which the 
 enlisted soldier belongs, was rejected — yeas 
 62, nays 92, as follows : 
 
 Yeas — Messrs. Allison, Anderson, Arnold, Ashley, Bax- 
 ter, Beaman, Blair, Blow, Bojd, AVilliam G. Brown, Am- 
 brose W. Clark, Cobb, Cole, Creswell, Henry Winter Davis, 
 Dixon, Donnelly, Driggs, Garfield, Higby, Ilotchkiss, Asahel 
 W. Hubbard,Jno. II. Hubbard, Hulburd, Ingersoll, Jenckes, 
 Julian, Kelley, Knox, Littlejohn, Loan, Marvin, mcBride, 
 McClurg, Mclndoe, .Samuel F. Miller, Moorhead, Morrill, 
 Daniel Morris, Amos Myers, Leonard Mvcrs, Norton, Charles 
 O'Neill, Orth, Pike, Pomeroy, William H. Randall, John H. 
 Rice, Schenck, Shannon, Sloan, Smith, Smithers, Spalding, 
 Thayer, Tracy, Upson, Van Valkenburgh, Ellihu B. Wash- 
 burne, Wilder, Wilson, Windom — 62. 
 
 Nays — Messrs. William J. Allen, Alley, Ames, Ancona, 
 Baily, Augustus C. Baldwin, John D. Baldwin, Blaine, Bliss, 
 Boutwell, Brooks, Broomall, James S. Brown, Chanlcr, Coff- 
 roth, Cox, Cravens, Dawes, Dawson, Deming, Denison, Eden, 
 Edgerton, Eldridge, Eliot, English, Finck, Frank, Ganson, 
 Gooch, Grider, Griswold, Hale, Harding, Harrington, Benjo/- 
 min G. Harris, Charles M. Harris, Herrick, Holman, Hutch- 
 ins, Philip Johnson, William Johnsrm, Kalbjleisch, Orlando 
 Kellogg, ^errcan, Knajip, Law, Lazear, LeBlond, Long, Mal- 
 lory, Marcy, McAllister, McDowell, McKinney, Wm. H. Mil- 
 ler, James R. Morris, Morrison, Nelson, Noble, Odell, John 
 Neil I, Patterson, Peiidleton, Perh.am, Pruyn, Radfm-d, 
 Samuel J. Randall, Alexander II. Rice, Robinson, Rogers, 
 Edward H. Rollins, James S. Rollins, Ross, John B. Steele, 
 Wm. G. Steele, Stevens, Stiles, Strouse, Suart, Sweat, 
 Thomas, Wadsworth, William B. Washburn, Webster, Wha- 
 ley, Whe^Ur, Chilton A. White, Joseph W. >F/ii<e, WilUams, 
 » infield, Fernando Wood—^'l. 
 
 Mr. Broomall's substitute was rejected 
 without a division ; 
 
 That hereafter no person sh.all be received or accepted to 
 serve in the army of the United States as a substitute for 
 any other person liable to military duty and who may have 
 been enrolled or drafted for that purpose. 
 
 Sec. 2. That the term of service of all soldiers hereafter 
 volunteering or being drafted shall be one year unless 
 sooner discharged, and that, in lieu of all bounties, their 
 pay shall be thirty dollars per month. 
 
 Sec. 3. That all persons hereafter volunteering shall be 
 credited to the city or county in which they are liable to 
 driift, il'so liable, and if not, then to the city or county 
 which they sh.all elect. 
 
 Sec. 4. That the payment of comnuitation money under 
 existing laws shall exempt the person paying it from draft 
 for one year, unless within that period all persons liable to 
 draft in his city or county shall be dralted and mustered 
 into service, or shall p.ay commutalion money, in which 
 case he shall be again liable to draft. 
 
 Sec. 5. That section three of an act entitled "An act to 
 amend an act entitled 'An act for enrolling and calling out 
 the national forces, and for other purposes,'" approved 
 February 24, 1864, be, and the same is hereby, amended so 
 as to authorize and direct district provost marshals, under 
 the direction of the Provost Marshal General, to make a 
 draft lor fifty per cent, in addition to the number required 
 to fill the quota of any district, as provided by said section. 
 
 Sec. 6. That, instead of travelling pay, all drafted persons 
 reporting at the place of rendezvous shall bo allowed tran.s- 
 portation from their places of residence ; and persons dis- 
 charged at the place of rendezvous shall be allowed trans- 
 portation to their places of residence. 
 
 Mr. Stevens proposed this substitute : 
 
 Be it enacted, d:c.. That the President of the "United States 
 is authorized to call into military service not exceeding 
 600,000 men, in addition to- those ali-eady called for, to serve 
 
LEGISLATION, OEDERS, PROCLAMATIONS, ETC. 
 
 2G7 
 
 for two years, nnless sooner discharged, and that if not 
 otherwise obtained a draft may be ordered to take place 
 within forty days, or at such time thereafter as the Presi- 
 dent may direct. 
 
 Sec. 2. That any person who is liable to draft and has 
 been regularly enrolled, may purchase exemption from draft 
 for the term of two years or until the roll is exhausted, by 
 paying §300 at any time not less than tun days before the 
 time fixed for such draft. Any person who may be drafted 
 may purchase the like exemption by paying $500 at any 
 time not less than ten days after he shall be duly notified 
 that he is di-afted. The commutation money thus paid shall 
 go into the Treasury for the purpose of paying the bounties 
 herein provided for. 
 
 Sec. 3. That to enable the several States to raise the num- 
 ber of troops allotted to them respectively, the Governors 
 of said States mayappointsuchnumberof recruiting officers 
 as they may deem proper, and when companies and regi- 
 ments shall be enlisted, shall commission such company 
 and regimental officers as shall be deemed competent. 
 
 Sec. 4. That when, in the judgment of the President, the 
 regiments of the Army are so reduced as to require consoli- 
 dation, they may bo consolidated, and the supernumerary 
 oflioers may be detailed for the purpose of raising new com- 
 panies and regiments. 
 
 Sec. 5. That if the requisite number of soldiers shall not 
 be raised at the first draft, a second draft may be ordered to 
 take place within ten days, or any longer period which the 
 President may deem proper, of the men remaining unex- 
 empted and undrawn, and may be repeated from time to 
 time until the full number shall be obtmned. 
 
 Sec. 6. That every person who shall volunteer as a soldier 
 and be regularly enlisted, shall receive a bounty of $500, one 
 half thereof to be paid to him when mustered into the ser- 
 vice of the United States, and the other half at the end of 
 his term of service, or if honorably discharged ; or if he shall 
 be killed or die in the service before the expiration of his 
 term of enlistment, it shall go to his widow, if there be one, 
 and in case there be no widow, then to his children, and in 
 Ciise there be no widow or children, then to his personal 
 representatives. 
 
 Sec. 7. That it shall be lawful for any of the States to send 
 recruiting agents into any of the rebel States to enUst sol- 
 diers, who shall be credited to the State that may procure 
 their enlistment ; and it shall be the duty of the Secretary 
 of War to approve the appointment of agents by the Gov- 
 ernors of the respective States. 
 
 Sec. 8. That enrolled men may furnish substitutes either 
 before or after they may be drafted according to the present 
 law, who shall be accepted without regard to color, if other- 
 wise competent. 
 
 Sec. 9. That the law with regard to persons conscien- 
 tiously opposed to bearing arms shall not be altered or af- 
 fected by this act, except so far as it regards the amount of 
 money to be paid for exemptions. 
 
 Sec. 10. That it shall be lawful for the President, if he 
 shall deem it expedient, to accept the services of any num- 
 ber not exceeding fifty thousand volunteers, between the 
 ages of forty-five and fifty-five, to be used for post or garri- 
 son duty, who shall be called the "Old Guard." Such sol- 
 diers, when enlisted for two years, unless sooner discharged, 
 shall be entitled to receive $100 bounty, one half to be paid 
 when nmstered into service, the other half at the expii-ation 
 of their term, if honorably discharged ; and if they should 
 be killed or die in the service of the United States, it shall 
 be paid to their respective widows, children, or personal 
 representatives, in the same manner as is provided in sec- 
 tion six of this act ; and they and their heirs shall be enti- 
 tled to such pensions as are now provided by law for other 
 soldiers. When a drafted man shall claim exemption on 
 account of physical disability, the surgeon shall examine 
 into the degree of disability. If found unfit for active field 
 service, ami fit for gannson or post service, he shall be cer- 
 tified accordingly and i)laced into the "Old Guard." 
 
 Section eleven is the same as the fifth section 
 of the law. 
 
 Mr. Blair, of Virginia, offered this substi- 
 tute : 
 
 That so much of the act entitled " An act for enrolling 
 ami culling out the national forces, and for other purposes," 
 approved March 3, 1S63, and of the several acts amenda- 
 tory thereof, as provides for a commutation in money, to be 
 paid by persons enrolled or di-af'ted for military service, in 
 lieu of actually rendering such military service, be, and the 
 same is hereby, repealed; and hereafter no payment of 
 money shall be accepted or receiveil by the Government to 
 ndease an enrolled or drafted man from obligation to per- 
 form military duty: Prmided, That hereafter no person 
 shall be received or accepted to serve in the army of the 
 United States as a substitute for any other person liable to 
 military duty and who may have been enrolled or drafted 
 for that purpose. 
 
 Which was rejected, on a count — yeas 25, 
 nays 93. 
 
 Mr. ScHENCK then offered this substitute : 
 
 Be it enacted, <fc.. That so much of the act entitled " An 
 act for enrolling and calling out the national forces, and for 
 other purposes," approved JIarch 3, 1SG3, and the acts 
 amendatory thereof, as authorizes the discharge of any 
 drafted person from liability to military service by reason 
 of the payment of S300 for the procuration of a substitute 
 or otherwise, be, and the same is hereby, repealed : Provided, 
 That nothing contained in this act shall bo constraed to 
 alter the provisions of existing laws relative to pei-sona ac- 
 tually furnishing substitutes. 
 
 Sec. 2. That in calls for drafts hereafter made under the 
 act for enrolling and calling out the national forces, and the 
 acts in addition to or amendatory thereof, the same may be 
 made for such term of time as the President shall direct, 
 not exceeding one year. 
 
 t-EC. 3. That the number of men furnished from any dis- 
 trict for the service of the United States beyond and above 
 its quota on calls heretofore made, and the term of service 
 of such men, shall bo considered and allowed to said dis- 
 trict in calls hereafter made. 
 
 Sec. 4 That no person drafted on future calls, Or who 
 shall volunteer to fill the same, shall be liable to be again 
 drafted until the existing enrollment shall be exhausted. 
 
 Wiiich was rejected — yeas 58, nays 93, as fol- 
 lows: 
 
 Yeas — Messrs. Allison, Anderson, Arnold, Ashley, Bax- 
 ter, Bcaman, Blair, Blow, Boyd, Ambrose AV. Clark, Cole, 
 Creswell, Dixon, Donnelly, Driggs, Eckioy, Garfield, Higby, 
 Hotchkiss, AsahelW. Hubbard, Jolm H. Hubbard, Hul- 
 burd, Ingersoll, Jenckes, Julian, Kelley, Kiiox, Littlejohn, 
 Loan, Marvin, McBride,McC!urg,Mclndoe, Samuel F.iiiller, 
 Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard 
 Myers, Norton, Charles O'Neill, Orth, Pike, Pomoroy, Wil- 
 liam H. Randall, ^ohn H. Rice, Schenck, Shanuou, Sloan, 
 Smuhers, Spalding, Thayer, Thomas, Tracy, Upson, Ellihu 
 B. Wasbburne, Wilson, Windoni— 58. 
 
 I>AYS — Messrs. William J. Allen, Alley, Ames, Ancona, 
 Sail!/, Augustus C. Baldwin, John D. B;;l Iwin, Blaine, 
 Bliss, Broumall, Boutwell , Brooks, James S. Brown, William 
 G. Brown, Chanler, Coffrolh, Vox. Cravens, D.iwes, Dawson, 
 Denison, Eden, Edgerton, Eldridr/e, Eiiot, Ertrjlish, f'enton, 
 J^ujcfc, Frank, Ganson, Goocli, Grider, Griswold, Harding, 
 Harrington, Benjamin G Harris. Charles M. Harris, Her- 
 ■riclc. Holman, Hutchins, Philip Johnson, William Johnson, 
 Kalbjltisch, Francis W. ICi^iiogL', Oi-iando Kell<igg, Kernan, 
 Knapp, Law, Lazear, LeBlond, Long, Mailorv, Marcy, 
 McAilisler, McDowell, M:Kinney, Middleton, William If. 
 Miller. James R. Morris, Morrison, Kelson, NMe, Odell, 
 John O'Neill, I'attersoti, Pendleton, Porham, Pruijn, Rad- 
 ford, Samuel J. Randall, Al 'Xander H. Rice, Robinson, 
 Rogers, Edward H. Rollins, James S. Rollins. Ross, Scolield, 
 John B. Steele, William G. Steele, Slovens, Stiles, Sirmise, 
 Stuart, Sweat, Wadsworth, Wird, Wiiliain B. Washburn, 
 Webster, Whaiey, Wheeler, Chilton A. White, Joseph W. 
 White, WinJield—9S. 
 
 Mr. Stevens's substitute was then rejected — 
 yeas 24, nays 120, as follows: 
 
 Yeas — Messrs. Alley, Ames, Baily, Boutwell, Broomall, 
 William G. Brown, Eliot, English, Ganson. Griswold, Hale, 
 Hotchkiss, Kernan, Lazear, Loan, Orth. Alexander H.Rice, 
 Edward H. Rollins, Ross, Scotield, William G. Steele, Ste- 
 vens, Webster, Wilder— 24. 
 
 Nays — Messrs. William J. Allen, Allison; Anccma, Ander- 
 son, Arnold, Ashley, Augustus C. Baldwin, John D. Baldwin, 
 Baxter, Beaman, Blair, Blifs, Blow, Boyd, Brooks, Chanler, 
 Ambrose W. Clark, Coffrnth, Cole, Cox, Craven.t, Creswell, 
 Dawes, Dawson, Deni.wn. Dixon, Donmlly. Driggs, Eckley, 
 
 Eden, Edgn-lon. Ehlro!,/.. V ;,, ; ,„ ., I ;,;;ik, Garfield, 
 
 Gooch, Grklcr, Haroiri.i. // - . / ■ G. Hai-ris, 
 
 aiorles M. Harris, H.n, \\ a ii\\>»r<i, Hutch- 
 
 ins, Ingersoll, Jenck^-. /' . ./ .1. nni Johnson, 
 
 Julian, Kalbjleisch, Kell.v, 1 i.i: i- \'. . I-. n-wg, Orlando 
 Kellogg, Knox,ie £?o»'/, I. in lliM. / " :iry, Marcy, 
 
 Marvin, McBride, McClnr-, .ly /' > , M i! I ■'■, MrKinney, 
 J/idd/ptore, Samuel F. Miller, n.Li.na 11. l -. Mo,.rhnMd, 
 Morrill, Daniel Morris, Jt(y/ies /^. jl/o/;/;, l . , A. -■■/», 
 Noble, JioTion, OdeU, Charles O'Neill, .A " . ' •V^- 
 
 tot, Perham, Pike. Pomernv, Priii/n. /■' . ■'■ "'<■'■ I .L 
 
 Randall, William U. llnrrl,:!!. .Tr.lm II, K, /.-. .. ,:<. .I^im.s 
 S.Rollins, Sell. ', '.. i M V -' .ii, :. -. .-[.ahiing, 
 John B. Steele. ,y ' ' , m. n ,i-, Thomas, 
 
 Tracy, Upson. \;i'i \ all.-niiui ■ h, i'-- . -. il' (v/, Kllihu 
 B. Washburne, William H. W a.-lil.urn. Wlial.'V, Uheder, 
 Chilton A. White, Joseph W. IK/ait, Williams, Wilson, Wi*.- 
 dom, m?iAcZd— 120. 
 
2G8 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 Mr. Smithers tlaen ofiered a subs'itute: 
 
 Tho first section became the law, except that in the sub- 
 Blitute tlie bounty was tixerl at S200, §^00, and S400, payable 
 one half at muster, one fourth at expiration of half tlie term 
 of service, and one fourth at expiration, and in case of death 
 while in service tho residue unpaid to bo paid to the widow, 
 or children, or legal representatives. If honorably dis- 
 charged by reason of wouncis or sickness incurred in the 
 service, to receive full bounty. 
 
 Second section became law, except that " fifty" days was 
 substituted for " sixty." 
 
 Third section became third section of the law. 
 
 Fourth section became fourth section of the law. 
 
 Fifth section became fifth section of the law. 
 
 Section six is tho sixth section of the law, except that 
 " fifty " per centum reads " one hundred." 
 
 Section seven was unchanj;ed. 
 
 Section eight is substantially the eighth section of tlie 
 law. 
 
 Section nine is the ninth section of the law. 
 Which was rejected — yeas 76, nays 77, as 
 follows : 
 
 Yeas— Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, John D. Baldwin, Baxter, Bcaman, Blow, Boutwell, 
 Eoyd, Broomall, Ambrose W. Clark, Cobb, Cole, Creswell, 
 Dawes, Dixon, Donnelly, Driggs, Eckley, Eliot, Fenton, Gai-- 
 field, Gooch, lligby, Hooper, Ilotchkiss, Asahel W. Hubbard, 
 John II. llubbard, Ilulburd, Ingersoll, Jenckes, Julian, 
 Kelley, Francis W. Kellogg, Orlando Kellogg, Knox, Little- 
 john, Loan, Marvin, McBride, McCluvg, Mcludoe, Samuel F. 
 Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, 
 Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, 
 Perham, Punieroy, William H. Randall, Alexander H.Rice, 
 John II. Rice, Fdwiu'd II. Rollins, Schenck, Scofield, Shan- 
 non, Sloan, Smithers, Spalding, Thayer, Tracy, Upson, 
 Ellihu B. Washburne, 'William B. Washburn, Williams, 
 Wilder, Wilson, Windom — 76. 
 
 Nats — Messrs. WiUiam J. Allen, Ancona, Batli/, Aw- 
 (Justus C. Baldwin, Blair, Bliss, Brooks, James S. Brown, 
 William G. Brown, C/uinter, Cuifnilh, Cox, Cravens, Dawsnn, 
 Dcnisem, j:<i, ,/, /;./.-. r/,,,,, /,7, V/. './. , Iji./li.^h, b'iitcl; Gansun, 
 Gridcr, ansr,,hl. I,;,],., II ^ruiun, n.:rrni.ilnn,D<:niar,nn G. 
 Harris, Cluiyis M. J{.:n-,'.<, Ji.rnrl.; Ilulman, Hatchins, 
 Philip Juliiu^yn, )Vm. JuUn^M,:i, Ktil'^Jiciich, Kcrnan, Knapp, 
 Law, Lazear, Le. Blond, Long, ikdlorij. Marc;/, McAllister, 
 McDowell, McKinney, Middleton, \Vm. H. MiUcr, James R. 
 Morris, Morrison, Nelson, Noble, Odell, John O'Neill, Pen- 
 dleton, Pruyn, Pad ford, Samuel J. Pandall, Robinson, 
 Rogers, Jas. S. Rollins, Ross, Jolni B. Steele, Wm. G. Steele, 
 Stevens, Stiles, Strmigr, Sliiart, Sweat, Thomas, Wadswm-th, 
 irarrf, Webster, Wlialev, Wheeler, Chilton A. White, Joseph 
 W. While, Winjleld—u. 
 
 June 28 — Mr. Blair moved to reconsider 
 this vote. 
 
 Mr. HoLMAN moved to table the motion, 
 which was lost — yeas 13, nays 85. The motion 
 to reconsider was then agreed to — yeas 83, nays 
 71, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, John D. Baldwin, Baxter, Beaman, Blair, Blow, 
 Boutwell, Boyd, Broomall, Freeman Clarke, Cobb, Cole, 
 Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, 
 Doming, Dixon, Donnelly, Driggs, Eckley, Eliot, Garfield, 
 Gooch, Higby, Hooper, Ilotchkiss, Asahel W. Hubbard, 
 John H. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, 
 Kelley, Francis W. Kellogg, Orlando Kellogg, Knox, 
 Littlejohn, Loan, Longyear, Marvin, McBride, McClurg, 
 Mclndoe, Samuel F. Miller, Moorhead, Daniel Morris, Amos 
 Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Pat- 
 terson, Perham, Pike, Pomeroy, William H. Randall, 
 Alexander H. Rice, John H. Rice, Edward H. Rollins, 
 Schenck, Scofield, Shannon, Sloan, Smith, Smithers, Spald- 
 ing, Thayer, Thomas, Tracy, Upson, Van Valkenbnrgh, 
 liUihu B. Washburne, William B. Washburn, Williams, 
 Wilder, Wilson, Windom— 83. 
 
 Nats — Messrs. William J. Allen, Ancona, Baity, Augusttis 
 C. Baldwin, Blaine, Bliss, James S. Brown, Wm. G. Brown, 
 Vluirder, Cqffroth, Cravens, Dawson, Denison, Eden, Kdyer- 
 Vtn. Ehlridgc, English, Find; Ganson, Grider, Hale, Hard- 
 ing, Harrivpt'.n, Benjamin G. Harris, Charles M. Harris, 
 Jlerricl; llolmun, Hutchins, Philip Johnson, Wm. Johnscn, 
 Kallijleisch , Kna2>p, Law, Lazear, Le Blond, Long, Mallory, 
 Marcy,McAllii.!er, McDowell, McKinney, Middleton, Wm.H. 
 Miller, Morrison, Nelson, Noble, Odell, John O'Neill, Pen- 
 dleton, Perry, Pi-uyn, Radford, Samuel J. Randall, Robinscn, 
 J.imes S. Rollins, Ross, JohnB. Steele, Wm. G.Steele, Stevens, 
 S'Hes, Slrouse, Stuart, Sweat, Wadsworth, Ward, Webster, 
 Whaley, Wheeler, Chiltm A. White, Joseph W. White, Win- 
 /ieldr—'il. 
 
 The substitute was modified by adding after 
 " service" in the last line of the first section, 
 the words : "in the line of his duty ;" and was 
 then agreed to — yeas 81, nays 75, as follows : 
 
 Yeas— Messrs. Alley, Allison, Ames, Anderson, Arnold. 
 Ashley, John D. Baldwin, Baxter, Beaman, Blair, Blow, 
 Boutwell, Boyd, Broomall, Cobb, Cole, Creswell, Henry 
 Winter Davis, Thomas T. Davis, Dawes. Deming, Dixon, 
 Donnelly, Driggs, Ec'Uey, Eliot, Garfield, Gooch, Higby, 
 Hooper, Htclikiss, Asahel W. Hubbard, John II. Hubbard, 
 Hulljurd, Ingersoll, Jenckes, Jidian, Kelley, Francis W. 
 Kellogg, Orlando Kellogg, Knox, Littlejohn, Loan, Long- 
 year, Marvin, McBride, McClurg, McIi:doe, Samuel F. Mil- 
 ler, Moorhead, Daniel Morris, Amos Myers, Leonard iMvers, 
 Norton, Cliarles O'Neill, Orth, Patterson, Perham, Pike, 
 I'onieroy, William U. Randall, Alexander II. Rice, John 
 H. Rice, Edward II. Rollins, Schenck, Scofield, Shannon, 
 Shiaii, Smirh, Smithers, Spaldins, Thayer. Ti-.acy, Upson, 
 Van Valkenbnrgh, Ellihu B. Washburne, William B. Wash- 
 burn, W illiams, Wilder, Wilson, Windom— 81. 
 
 Nays — Messrs. William J. Allen, Anemia, Baily, Atigtis- 
 tus O. Baldwin, Blaine, Bliss, James S. Brown, William G. 
 lirown. Chanter, Coffroth. Cravens , Dawson, Denison, Eden, 
 Edgerton, Eldridge, English, Pinch; Frank, Gansow, Gri- 
 der, Giiswold, Hale, Hay-ding. Harrington, Benjamin O. 
 Harris, Charles M. Harris, Herrick, Holman, Huichinr., 
 Philip Johnson, William Johnson, Kulbjteisch, Kernan, 
 Knapp, Law, Lazear, Le Blond, Long, Malory. Marcy, McAl- 
 lister, McDowell, McKinney, Middleton, WiUiam H. Miller, 
 James R. Morris, Morrison, Nelson, Noble, John O'Neill, 
 Pendleton, Perry, Pruyn, Radford, Samuel J. Randall, 
 Robinson, James S. Rrllins, Ross, John B. Steele. William 
 G. Steele, Stevens, Stiles, Strouse, Stuart, Sweat, Thomas, 
 Wadsworth, Ward, Webster, Whaley, Wheeler, Chilton A. 
 White, Joseph W. While, WinfieU—ib. 
 
 Mr. Stevens moved to add this new section : 
 
 That nothing contained in this act shall be construed to 
 alter or in any way affect the law relative to those consci- 
 entiously opposed to bearing arms. 
 
 Mr. Pike moved to amend the amendment 
 by adding : 
 
 That hereafter, persons between the ages of forty-five 
 and fifty years shall be enrolled and subject to draft in the 
 same manner as persons between the ages of twenty and 
 forty-five. 
 
 Which was rejected — yeas 47, nays 102. The 
 Yeas were : 
 
 Messrs. Alley, Allison, Ames, Arnold, Ashley, Augustus 
 C. Baldwin, Baxter, Blow, Broomall, .Tames S. Brown. Chan- 
 ter, Freeman Clarke, Coffroth, Creswell, Henry Winter 
 lavis, Dawes, Deming, Donnelly, Garfield, Gooch, Gris- 
 wold, Hale, Asahel W. Hubbard, John II. Hubbard, Inger- 
 soll, Julian, Littlejohn, Marvin, McBride, McClurg, Moor- 
 head, Daniel Morris, Nelson, Orth, Patterson, Pendleton, 
 Pike, Pomeroy, Alexander tl. Rice, John 11. Rice, SmiUi, 
 Stevens, Tracy, Van Valkenburgh, Wadsworth, 'EUihw B. 
 Washburne, Chilton A. White — i7. 
 
 The amendment of Mr. Stevens was then 
 agreed to — yeas 77, nays 64, as follows : 
 
 Yeas — Messrs. Alley, Ames, Ashley, Baily, John D. Bald- 
 win, Baxter, Beaman, Blaine, Blow, Boutwell, Broomall, 
 Chanter, Creswell, Thomas T. Davis, Dawes, Dawson, Dem- 
 ing, Dixon, Donnelly, Driggs, Eckley, Edyerton, Eliot, 
 Frank, Ganson, Gooch, Grider, Griswold, Hale, Charles 
 M. Harris, Higby, Hooper, Hotchkiss, Asahel W. Hub- 
 bard, John U. Hubbard, Hutchins, Ingersoll, Jenckes, 
 Julian, Kelley, Francis AV. Kellogg, Orlando Kellogg, K< r- 
 nan, Knox, Loan, McAllister, McClurg, Middleton, Moor- 
 head, Daniel Morris, Amos Myers, Leonard Myers, Norton, 
 Charles O'Neill. Perham, Perry, Pike, Radford, Alexander 
 II. Kieo, John II. Rice, Edward II. Rollins, Sloan, Smithers, 
 Spalding, Stevens, Stuart, Sweat, Thayer, Thomas, Upson, 
 Van Valkenburgh, Ellihu B. Washbm'ue, Webster, Wheeler, 
 Wilder, Wilson, Windom— 77. 
 
 Nays — Messrs. William J. Allen, Allison, Ancona, Au- 
 gustus C. Baldwin, Bliss, Jamej; S. Brown, Wm. G. Brown, 
 Freeman Clai-ke, Cobb, Coffroth, Cole, Cravens, Denison, 
 Eden, Eldridge, English, JYrec/ir, Garfield, Harding, Harring- 
 ton, Benjamin G. Harris, Herrick, Holman, Ilulbnnl, J'hilip 
 Johnson, Kalbflcisch, Knapp, Law, Le Blond, Littlejohn, 
 Lcmg, Longyear, Marcy, Marvin, McDowell, Mclndoe, Mo- 
 Kinney, Samuel F. Miller, William H. Milter, James R. Mor- 
 ris, Morrison, Noble, John O'Neill, Orth, Pendleton, Pom- 
 eroy, Samuel J. Randall, Robinson, James S. Rollins, Ross, 
 Schenck, Shannon, Smith, William G. Steele, Stiles, Strtmse, 
 Tracy, Wadsworth, Ward, William B. W.oshburn, Whaley, 
 Chilton A. White, Joseph W. While, Williams— &4. 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 209 
 
 The bill then passed — yeas 82, nays 77, as 
 follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, John D. Baldwin, Baxter, Beaman, Blair, Blow, 
 Boutwell, Boyd, Broomall, Freeman Clarke, Cobb, Cole, 
 Creswell, Thomas T. Davis, Dawes, Deming, Dixon, 'Don- 
 nelly, Driggs, Eckley, Eliot, Farnsworth, Fenton, Gartield, 
 Gooch, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, 
 John H. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, 
 Kelley, Francis W. Kellogg, Orlando Kellogg, Knox, Little- 
 john. Loan, Longyear, Marvin, McBride, McClurg, Mclndoe, 
 S. F. Miller, Moorliead, Morrill, Daniel Morris, Amos Myers, 
 Leonard Myers, Norton, Charles O'Neill, Orth, Patterson, 
 Porham, Pike, Pomeroy, Alexander H. Rice, John H. Eice, 
 Edward H. Rollins, Sclienck, Shannon, Sloan, Smith, 
 Smitherj, Spaldini, Thaver. Tracy, Upson, Van Valkenburgh, 
 Ellihu B. AVr.shlmrne, William B. Washburn, Williams, 
 Wilder, ^Vili^c)ll, Windom— S2. 
 
 Nats — Messrs. William J. Alien, Ancona, Baily, Augus- 
 tus C. Baldwin, Blaino, Bliss, Breaks, James .S'. Brown, 
 William G. Brown, C/ianler, Coffrotlt, Cox, Cravens, Daw- 
 son, Denison, Eden, Edgerton, Eldridge, English, Finclc, 
 Frank, Ganson, Grider, Griswold, Hale, Harding, Benjamin 
 G. Harris, Charles M. Harris, Herrick, Holman, Hutchins, 
 Philip Johnson, William Johnson, Kalbfleisch, Keman, 
 Knapp, Law, tazear, Le Blond, Long, Mallory, Marcn/, 
 McAllister, McDowell, McKinney, Middleton, William if. 
 Miller, James B. Morris, Morrison, Kelson, Noble, Odell, 
 John O'Kcill, Pendleton, Perry, Pruyn, Radford, Samuel 
 J. Randall, James S. Rollins, Ross, Scofield, John B. Steele, 
 William G. Steele, Stevens, Stiles, Slrouse, Stuart, Sweat, 
 Thomas, Wadsworth, Ward, Webster, Whaley, Wheeler, 
 Chilton A. White, Joseph W. White, WinJield—11. 
 
 June 30 — The bill having been returned 
 from the Senate with sundry amendments, one 
 of which imposed a five per cent, income duty, 
 the House unanimously directed the return of 
 the bill to the Senate as contravening the first 
 clause of the seventh section of the first article 
 of the Constitution, and as an infringement of 
 the privileges of the House. 
 
 July 1 — The House considered the Senate 
 substitute for its bill, when several amend- 
 ments were proposed. 
 
 Mr. Ingeksoll moved to add, after the word 
 " soldiers," at the end of the fourth line, " ex- 
 cept such States or Territories or parts thereof 
 declared iu rebellion." 
 
 Which was rejected on a count — yeas 28. 
 
 Mr. Thomas offered this as a new section: 
 
 That it shall not be lawful for any of the States to send 
 recruiting agents into other States and Territories to enlist 
 soldiers to be credited to the States that may procure their 
 enlistment ; and no Slate shall be credited witli soldiers re- 
 cruited who are not citizens of the State claiming the 
 credit, or foreigners who do not owe allegiance to the United 
 States. 
 
 Which was rejected — yeas 63, nays G3, (the 
 Speaker voting in the negative,) as follows: 
 
 Yeas — ?rp?srs. Wm.. J. Allen, Ancnna, Baily, Blair, 
 Brooks, Ja-iie, S. Fivirv, ni,:,v!er. C.irmfh Crfswell, Henry 
 Winter Dav: " ■■ ■ ' /' ' / '' - !'':iriim, Eldridge. 
 
 English, V:". :;:.,' i! ' i hirding, Benja- 
 
 vii.nG.Hai-, . .i\ , v, ,;, ,, ,/; , ^. J lulchins, Philip 
 Johnson, iu.a.M, i\< I ./ ,. Imi : ;\ Law, Lazear, 
 
 Le Blond, Long, Mo i' ■ •, Mrl.l/.t,,,,. WltUamH. 
 
 Miller, James R. ^/■ ■: - ., ^V</.s-o», Xablr, Odell, 
 
 John O'Neill, Pendl'i'i-. /'. -• . i:<"i/iiril, Rnhnnnn, James 
 X Rollins, i?oss, Shannon, Joim B. Steele, Stiles, Slrouse, 
 Stuart, Thomas, Tracy, Wadsworth, Webster, Whaley, 
 Wheeler, Chilton A. White, Winfield—G3. 
 
 Nats — Messrs. Alley, Allison, Ames, Ashley, John D. 
 Baldwin, Baxter, Beaman, Boutwell, Boyd, Broomall, Cobb, 
 Dawes, Deming, Dixon, Driggs, Eclsley, Eliot, Fenton, 
 Frank, Garfield, Gooch, Hlgby, Hooper, Hotchkiss. Asahel 
 W. Hubbard, Jolm H. Hubbard, Hulburd, Ingersoll, Jenckes, 
 Kelloy, Littlejohn, Loan, Marcy, M.cBTii\e, Samuel F. Miller, 
 Moorhcad, Morrill, Amos Myers, Leonard Myers, Norton, 
 Charles O'Neill, Orth, Patterson, Perham, John H. Rice, Ed- 
 ward ir. Rollins, Schcnck, Scofield, Sloan, Smithers, Spald- 
 ing, William G. Steele, Thayer, Upson, Van Valkenburgh, 
 Ellihu B. Washburne, William B. Washburn, WilUams, 
 Wilder, Wilson, Windom, Woodbridge — 62. 
 
 Mr. William G. Steele moved to reconsider 
 this vote. 
 
 Mr. E. B. Washburne moved to lay that 
 motion on the table ; which was disagreed to — 
 yeas 61, nays G2. 
 
 The motion to reconsider was then agreed 
 to — yeas 65, nays 62. 
 
 The proposition of Mr. Thomas was then 
 again rejected — yeas 63, nays 65, as follows : 
 
 Yeas — Messrs. William J. Allen, Ancona, Baili/, Blair, 
 Brooks, Ja„„s S. J!n„r,i, r„irrol',. Ci. swell, Henry Winter 
 Davis, I/iir...j. I' . / . ,. /, ,,. ;,.,, ,'-. , / • ...l,;,', English, 
 Farnswiii^ / ' . : -" /...jamin G. 
 
 Harris. < '' // ; ' . ;. , I'liilipJohn- 
 
 S(m,KaVi!.:r:,j<,:„ ■. ,.. . ! ■. / ■ . r. r.-. LIrmd, 
 
 Long, Mallory, McAIII.-'- r. i - r , //. .".//,-, 
 
 James R. Morris, Marr. ■ ' , . './i 
 
 O'Neill, Pendleton, Pru 'I. <. i: .\-. : 1 1. I: :: 'ell, 
 
 Robinson, James S. Rolliu.:.. !:>,...:, .-iui;ii. ./...;. /;..■;.,;„' . WtL- 
 Ham G. Steele, Stiks, Slrouse, Stuart. Thomas, Tracy. Wads- 
 wo?-</i, Webster, Whaley, Wheeler, Chilton A. While, Win- 
 field— G3. 
 
 Nats — Messrs. Alley, Allison, Ames, Arnold, Ashley, John 
 D. Baldwin, Baxter, Beaman, Boutwell, Boyd, Broomall, 
 Cobb, Cole, Dawes, Deming, Dixon, Donnelly, Driggs, Eliot, 
 Fenton, Frank, Garfield, Gooch, Ili-bv, IIuoiht, Holchkiss, 
 Asahel W. Hubbard, John H. IlnM 'r'. :■^!^lll-l. .lelian, 
 Kelley, Littlejohn, Loan. Mela i ': ; , ■ i i I I', 
 Miller, Moorhead, Morrill, Dam I M ■, ''.^'i-.-j, 
 
 Leonard Myers, Norton, Charles 1 1' •,. n i e ii,, I'.rr-en, 
 Perham, Alexander H, Rice, John II. Kiee, IMwanl II. Rol- 
 lins, Schenck, Scofield, Shannon, Sloan. Smitliers, Spalding, 
 Thayer, Upson, Van Valkenburgh, Ellihu B. Washburne, 
 William B. Washburn, Wilhams, A\'ildcr, Wilson, Windom, 
 Woodbridge— 65. 
 
 Mr. Orth offered the following amendment ; 
 which was agreed to : 
 
 That the number of men heretofore furnished by any ol 
 the States shall be credited to said State on her quota in any 
 future draft in proportion to the length of time for which 
 said men were furnished. 
 
 Mr. Garfield offered four now sections, the 
 second, third, and fourth of which are the same 
 as the fifth, sixth, and seventh sections of the 
 act, and the first is as follows : 
 
 That any persons resident in Virginia, North Carolin.i, 
 South Carolina, Georgia, Florida, Alabama, Mississippi, 
 Louisiana, Texas, or Arkansas, who may voluntarily enlist 
 in the military service of the United States for a term of 
 not more than three years, or during the war, or not less 
 than one year, shall be entitled to the benefits and privi- 
 leges of existing laws ; and such persons shall be mustered 
 into the regiments or other organizations of whatsoever 
 State they may elect, or, in the case of colored troops, shall 
 be assigned as now provided by law. And the States or 
 subdivisions of States procuring such onlistnients shall re- 
 ceive credit for such persons in oee.inlapeo v.-ith the laws 
 in other cases : Provided, That si; 'i I'-iM as iire au- 
 thorized in any State, under the 1 1 1 1 liis act, shall 
 only continue until such State sIj 1 1 ene i i, made sub- 
 ject to a call for troops: And 2'reL'in,d fiuther. That no 
 enhstments shall be made of any soldier, either in or out 
 of any State, except those enumerated herein, unless full 
 credit is given to the State to which the enlisted soldier 
 belongs. 
 
 Which was agreed to — yeas 69, nays 53, as 
 follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Arnold, Ashley, John 
 D. Baldwin, Baxter, Beaman, Boyd, Broomall, Cobb, Cole, 
 Creswell, Henry ^\'inter Davis, Dawes, Deming, Dixon, 
 Donnelly, Driggs, Eckley, Eliot, English, Farnsworth, 
 Fenton, Frank, Garfield, Gooch, Higby, Hotchkiss, Asahel 
 W. Hubbard, John H. Hubbard, Hulburd, Ingersoll, Julian, 
 Kelley, Littlejohn, Loan, McBrido, BIcClui--, Sanni 1 F. 
 Miller, Moorhead, Morrill, Daniel Moi i i , A; ,. s ^.Iv.rs, 
 Leonai-d Myers, Norton, Charles O'Neill, i h I t a, 
 Perham, Alexander H. Rice, John H. Rie'. ! : i i !i l;.l- 
 lins, Schenck, Scofield, Shannon, Sloan, ?iii; i: i . >; il.la;,-, 
 Thayer, Upson, Van Valkenburgh, Ellihu 1!. Wxslilinrn •, 
 William B. Washburn, Williams, Wilder, Wilson, Windom, 
 Woodbridge— 09. 
 
 Nays— Messrs. William J. Allen, Ancnna, Blair, Brooks, 
 James S. Brovm, Chanter, Coffroth, Denison, Eden, Edgertmi, 
 Eldridge, Finck, Ganson, Harding, Benjamin G. Hai-ris, 
 CliarUs M. Harris, Holman, Hutchins, Philip Johnson, 
 Kalbfleisch, Keman, Knapp, Law, LeBhnd. Long, Mallory, 
 Marcy, McAllister, Middleton, William H. Miller, Jame^^ R. 
 Morris, Morrison, Nelson, John O'Neill, Pendleton, Pruyn, 
 
270 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 Radford, William H. Randall, Rohinsnn, James S. Rollins, 
 Ross, John B. Steele, Wm. G. Steele, Stiles, Stroii.se, Sweat, 
 Thomas, irarfsifoj-^/j, Webster, Whaley, Wheeler, Chilton A. 
 While, Winfidd—bZ. 
 
 The other sections were agreed to without a 
 division. 
 
 Mr. Henry Winter Davis moved that the 
 House concur in the Senate amendments with 
 this amendment : 
 
 That no person draftcil sliall be entitled to be exempted 
 from personal service on payment of commutation money. 
 
 That all enrolled persons shall be divided into two classes, 
 one c<imi)rising those between eighteen and twenty-five 
 years of age, and the other those over twenty-five and under 
 forty years of age. 
 
 That every year during the continuance of the rebellion 
 the President shall cause 250,000 men to be di-afted from the 
 first class, who shall bo organized, drilled, and either sent 
 into the field or held as a reserve to meet the exigencies of 
 the sei-vice. 
 
 That in the event of the service requiring a levy of more 
 than 250,000 men in any year, the residue bej'ond that num- 
 ber shall be drafted from the second class. 
 
 That prior to any draft, and during the execution of the 
 same, till the requisition is filled, the President shall call 
 for volunteers to fill the same, and is authorized to offer and 
 pay every volunteer $300 who shall volunteer for three 
 years, and proportionably for any shorter period designated 
 by the President, one half at the time of mustering in and 
 the other half on his discharge. 
 
 That every drafted man not appearing by the assessment 
 for the internal revenue to have an incomeof $000on whom 
 wife, parent, child, brother, or sister is dependent for sup- 
 port shall bo allowed ten dollars a month for the support of 
 every such dependent, payable directly to such dependent 
 or the person charged with the guardianship of any of 
 them : I'roride.d, That not more than twenty dollars shall 
 be paid for this purpose in any month on account of any 
 drafted man. 
 
 That it shall be the duty of the President to order and 
 execute a draft in each of the States heretofore declared in 
 rebellion, so far as the territory of said State shall be under 
 the military occupation of the United States ; and any State 
 may procure volunteers from any of the States declared in 
 rebellion except Tennessee and have them credited to the 
 quotas of the State procuring the same; but all persons 
 residents of any loyal State volunteering in any other loyal 
 State shall be credited to the State of his residence. 
 
 Which was rejected — yeas 26, nays 101. The 
 Yeas were : 
 
 Messrs. Allison, Arnold, Ashley, Baxter, Broomall, Free- 
 man Clarke, Creswell, Henry Winter Davis, Donnelly, Eck- 
 ley, Garfield, Hooper, Asahel W. Hubbard, John H. Hub- 
 bard, Hulburd, Julian, Longyear, McBride, McClurg, 
 Moorhead, Morrill, Orth, Scofield, Sloan, Stevens, Wood- 
 bridge — 26. 
 VOTE ON FINAL PASSAGE OF THE ACT OF JULY 
 
 4, 1864. 
 The House then non-concurred in the Senate 
 amendment, and asiced a Committee of Confer- 
 ence on the disagreeing votes of the two Houses, 
 whose report, being the law as it stands, was 
 adopted, July 2 — yeas 66, nays 55, as follows : 
 
 Yras — Messrs. Allison, Ames, Arnold, Ashley, John D. 
 Baldwin, Baxlcr,Beaman, Blair, Boiitwell, Boyd, Cobb, Cole, 
 Creswell, Henry Wmter Davis, Dawes, Doming, Dixon, 
 Driggs, Ecklcy, Eliot, Farnsworth, P'cntou, Garfield, Gooch, 
 Higby, Hooper, Hotchkiss, A. W. Hubbard, John H. Hub- 
 bard, Ingersoll, Jenckes, Julian, Kellcy, Littlejohn, Loan, 
 Longyear, McBride, McClurg, Samuel F. Miller, Moorhead, 
 Morriil, Daniel Morris, Amos Myers, Leonard Myers, Nor- 
 ton, Charles O'Neill, Orth, William H. Randall, John H. 
 Rico, Schonck, Shannon, Sloan, Smith, Smithcrs, Spalding, 
 Tracy, Upson, Van Vaikenburgh, Ellihu B. Washburne, 
 William B. Washburn, Whaley, Williams, Wilder, Wilson, 
 Windom, Woodbridge— 66. 
 
 Nays — Messrs. WUnam J. ^Hera, Alley, Ancona, Baily, 
 Blaine, Bliss, Chanler, Cnffrolh, Cox, Dawson, Denison, Eden, 
 Kdgerton, EUhixlge. English, Frank, Ganson, Griswold, Ben- 
 jamin G. Harris, Charles M. Harris, Hutchins, Kernan, 
 Knapp, Law, Lazcar, Le Blond, Long. Mallory, Marcy, Mid- 
 d etnn, William H. Miller, James R. Morris, Morri.'on, Nolle, 
 (kicll, Patterson, Pendleton, Perham, Pruyn, Samuel J. 
 Randall, Alexander H. Kice, Robinson, Edward H. Rollins, 
 J S. Rollins, Ross, Scofield, John B. Steele, W. O. Steele, 
 Stevens, Stiles, Thomas, Wadsworth, Welsster, Wheeler, 
 Wi. ffeid— 55. 
 
 A CALL FOR 500,000 BIEN UNDEIl THE ACT. 
 
 1864, .July 18— The President issued a call 
 for 500,000 men for one year, to be drafted for 
 after September 5, if not furnished before. 
 
 RESOLUTIONS CONCERNING ENROLLMENT. 
 
 1803, December 22 — Mr. Philip Johnson 
 offered this preamble and resolulion: 
 
 Whereas the supreme judicial tribunal of the State of 
 Pennsylvania has solemnly decided that the act of Congress 
 approved March 3, 1863, commonly called the conscription 
 act, is in its provisions contrary to and in violation of the 
 Constitution of the United States, and therefore null and 
 void: Therefore, 
 
 Resolved, That it is the sworn duty of the executive de- 
 partment of the Government to either acquiesce in that 
 decision within that State, or to bring the questions in- 
 volved before the Supreme Court of the United States for j 
 final adjudication, to the end that if Congress shall deem 
 such legislation necessary, another bill may be prepared 
 which shall not be subject to constitutional objections. 
 
 Which was tabled — ^yeas 81, nays 43. The 
 Nays were : 
 
 Messrs. Ancona, Augustus C. Baldwin, Bliss, Brooks, 
 Coffroth, Cox, Darvson, Denison, Eden, Edgerton, Eldridge, 
 Finck, Gnder, Hall, Harding, Benjamin G. Harris, Charles 
 M. Harris, Holman, Philip Johnson, William Johnson, Le 
 Blond, Long, McDowell, McKinney, Middleton, Morrison, 
 JVelson, Noble, John O'Neill, Pendleton, Perry, Rogers, Ross, 
 Scott, John B. Steele, William G. Steele, Stiles, Strouse, Sweat, 
 Wheeler, ChiUon A. White, Joseph W. White, Fernando 
 yVood-^iS. 
 
 1864, January 11 — Mr. Broomall offered the 
 following preamble and resolution: 
 
 Whereas the burden of government shoulO be made to 
 fall as nearly equally as possible upon all parts of the coun- 
 try ; and whereas the southern portion of the country has 
 for several years contributed little, either in men or money, 
 towards the support of the Government ; and whereas al- 
 most the only way to get men from that portion is to take 
 black men ; and whereas for every black man enUsted in 
 the South some man in the overburdened North may be ex- 
 empted from draft : 
 
 It is therefore hereby declared to be the sense of this 
 House that the Government should use its most strenuous 
 efforts to procure the voluntary enlistment of persons 
 claimed as slaves in the rebel territory, by giving them the 
 full bounty and pay of other soldiers, and by guaranteeing 
 their freedom, at once, upon enlistment. 
 
 Mr. Cox moved to lay them upon the table ; 
 which was disagreed to — yeas 61, nays 74; and 
 they were then referred to the Military Com- 
 mittee. 
 
 1864, January 15 — Mr. Ancona offered this 
 resolution, which was laid over under the rule: 
 
 Whereas the act of Congress approved March 3, 1S63, 
 commonly called the conscription law, is oppressive, unjust, 
 and unconstitutional ; because, 1st, it takes from the States 
 tha control of their own militia; 2d. it sulijects the rights 
 of the States and the liberties of the people to the unlim- 
 ited power of the Federal Government; 3d, it is calculated 
 to create and build up a central military despotism which 
 may be used for the worst and most dangerous purposes; 
 4th, it falsely imputes the crime of desertion to every man 
 whose name is drawn in the " lottery of death" and who 
 fails to join the army, and subjects him to trial, condemna- 
 tion, and capital punishment, without a jury of his peers, 
 contrary to the fundamental law of the land: Therefore, 
 
 Be it resolved. That the Committee on Military Affairs be 
 instructed to bring in a bill for the unconditional repeal of 
 said act of Congress, and substitute in its place some con- 
 stitutional and just mode of raising armies for the service 
 of the United States. 
 
 1864, Feb. 1— Mr. Eldridge offered the fol- 
 lowing preamble and resolution: 
 
 Whereas all conscription or other forced service of the 
 citizen to the State is contrary to the genius and principles 
 of republican government and opposed to the principles of 
 self-government, which is the true basis of the American 
 republic; and whereas the laws for conscripting or drafting 
 citizens into the military service of the United States have 
 thus far proved, if not an entire failure, at leftst ineffectual 
 for the supplying to the Government the necessary number 
 of men requisite for the military service in putting down the 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 271 
 
 rebellion ; and whereas the principles of equity and justice 
 require in a government like ours, founded on the will of the 
 majority, th;it the burdens of maintaining and preserving it 
 should fall a,like and equally upon all and every of the 
 citizens, the rich as well as the poor, in proportion to their 
 ability to bear tlie same ; and whereas the military is a 
 profession to which men are called as well from the in- 
 ducements of personal gain and family advantage as from 
 motives of piilriotism and hopes of future fame: Therefore, 
 
 Resolved, That the Committee on Military Affairs be, and 
 they are hereby, instructed to examine and inquire imme- 
 diately into the propriety and expediency of repealing eg 
 suspending, so far as any future or further draft is con- 
 cerned, all acts and parts of acts authorizing or empower- 
 ing the conscripting or drafting of, or in any way forcing, 
 the citizen into the military service of the country, either in 
 putting down rebellion or otherwise ; and in lieu thereof 
 providing by law for, and authorizing the President of the 
 United States from time to time, and as he may deem it 
 expedient and necessary, to offer the payment of such sum 
 or sums of money for volunteers in bounties or monthly 
 payments, or otherwise, as may l^ best to induce enlist- 
 ments and secure such moneys to the soldier and his fomily, 
 and as Will secure just so many and just such men as may bo 
 requisite or necessary to put down the rebellion and restore 
 the supremacy of the Constitution ; and that said committee 
 do report by bill. 
 
 Which wtre laid upon the table, on Mr. 
 Stevens's motion — yeas 84, nays 42. The 
 Nays were : 
 
 Messrs. James C. Allen, William J. Allen, Ancona, Au- 
 gustus C. Baldwin, Bliss, Coffroth, Dawson, Denison, Eden, 
 Edgcrton, Eldridge, Findc, Hall, Harrington, Knapp, Law, 
 Lazear, Long, Marcy, McDowell, McKinney, Middleton, Wm. 
 H. Miller, James R. Morris, Morrison, Noble, John O'Neill, 
 Pendleton, Per)-y, Pruyn, Samuel J. Randall, Robinson, 
 Rogers, Ross. Scott, John B. Steele, Stiles, Strouse, Stuart, 
 Sweat, Chilton A. White, Joseph W. White— 42. 
 
 Of the Democrats, Messrs. Grider, Hutchins, 
 and Teaman voied aye. 
 
 1864, February 8— Mr. Eldridge offered this 
 resolution, which was laid over under the 
 rule : 
 
 Resolved, That the Secretary of War be, and he is here- 
 by, required to furnish to this House information as to the 
 amount of moneys received up to this time for commuta- 
 tion by drafted men ; also what disposition has been made 
 of said moneys. If substitutes have been purchased for 
 drafted men, bow many ; where and who have been pro- 
 cured as such substitutes ; what sum has been paid for each, 
 and whether for white or black, and how much for each. 
 
 April 4 — The House considered the resolution, 
 when Mr. Stevens moved that it lie upon the 
 table ; which was agreed to — yeas 60, nays 46. 
 The Nays were: 
 
 Messrs. James C. Allen, Ancona, Augustus C. Baldwin, 
 B'iss, Brooks, James S. Brown, Chanler, Clay, Cox, Cravens, 
 Dawson, Denison, Eden, Eldridge, English,^ Finck, Grider, 
 Grisw'ild, Ifarrington, Bcnjaniin G. Harris, Herrick, Hot- 
 man, F/iilip .Tolinson, Kallijleis'.h, King, Law, Lazear, Long, 
 Mallory, Marcy, McKinrunj, Muldlelon, James R. Monis, 
 Morrison , Kdsorj , Odell, John O'Neill, Price, Pruyn, Robin- 
 eon, John B. Steele, Strouse, Wheeler, Chilton A. White, Win- 
 field, I'eaman — 46. 
 
 1864, Feb. 1 — Mr. Grinnell offered the fol- 
 lowing preamble and resolution: 
 
 Whereas the war policy of the Government having 
 brouglit into the military service as soldiers and laborers 
 free colore^l men and persons claimed to be held by rebels, 
 who have rendered invaluable service to the army; and 
 whereas the more extended employment and enlistment of 
 colored persons will be a relief to our northern soldiers, 
 tmaccliraated and unused to manual labor, and lessen the 
 number to lio taken from their homes and from the indus- 
 trial pursuits in the United States, where there is pow an 
 unusual demand for labor : Therefore, 
 
 Resolved, That a more vigorous policy to enlist, at an 
 early day and in larger numbers, in our army persons of 
 African descent would meet the approbation of this 
 House. 
 
 Mr. Stiles moved to lay thera on the table, 
 but the House refused — yeas 49, nays 16 ; and 
 the resolution was then passed — yeas 80, 
 nays 46. 
 
 BILL FOR THE PUNISHMENT OF GUERRILLAS. 
 
 June G — The Committee on Mi'itary Affairs 
 reported this bill to punish guerrillas: 
 
 Be it enacted, <£c.. That the provisions of the twenty-first 
 section of an act entitled "An act for enrolling .and calling 
 out the national forces, and for other purposes," apjirovod 
 March 3, 1863, shall apply as well to the sentences of mili- 
 tary commissions as to those of courts-martial ; and hero- 
 after the commanding general in the field, or the com- 
 mander of the department, as the case may be, shall h.avo 
 power to carry intoexecution all sentences against guerrilhis, 
 for robbery, arson, burglary, rajje, assault with intent to 
 commit rape, and for violation of the laws and customs of 
 war, as well as sentences against spies, umtineers, dosorters, 
 and murderers. 
 
 Sec. 2. That every oflBcer authorized to order a general 
 court-martial shall have power to pardon or mit!s;ate any 
 punishment ordered by such cnin-f, iiu'luiliiKr tlvit r.f ron- 
 finement in the iii-nilriiii;ii y, .xr. [.t t'.f : mi h . r ■■ :!th 
 or of cashiering cr .liHiii>Miiu^ :iii liiii'''!, \', 111 li iIm ■; it 
 shall be competeiit dia ii]:j; Ihn ((uiliiinaiii ni in imMiit 
 rebellion for the general coniiiiauiliug lln-army m tlie licld, 
 or the department commander, as the case may be, to remit 
 or mitigate ; and the fifth section of the act approved July 
 17, 1S02, chapter 201, be, and the same is hereby, repealed, 
 so far as it relates to sentences of imprisonment in the peni- 
 tentiary. , 
 
 Mr. Long moved that the bill be tabled ; 
 which was disagreed to. 
 After further proceedings, 
 Mr. Eldridge moved that it be tabled ; which 
 v.'as disagreed to — yeas 35, nays 67. 
 
 And the bill passed — yeas 72, nays 37. The 
 Nays were : 
 
 Messrs. James C. Allen, Ancona, Augustus C. Baldwin, 
 Bliss, Coffroth, Cravens, Henry Winter Davis, Dawson, Den- 
 ison, Eden, Edgerlon, Eldridge, Finck, Grider, Harding, 
 Harrington, Charles M. Harris, Hutchins, King, Knapp, Le 
 Blond, Long, Mallory, Marcy, McDowell, Morrison, Noble, 
 Pendleton, Perry, Robinson, Rogers, Ross, Strouse, Voorhees, 
 Wadsworth, Chilton A. White, Josejth W. Whites'!. 
 
 Of the Democrats, Messrs. Baily and Gris- 
 wold voted aye. 
 
 IN SENATE. 
 June 14 — The Military Committee reported 
 the House bill for the more speedy punishmenf- 
 of guerrillas ; which was debated. 
 
 June 30 — Mr. Hendricks offered this proviso 
 to the first section : 
 
 Provided, That the term " guerrillas" herein contained 
 shall not be held to include persons employed in the au- 
 thorized military service of tho enemy. 
 
 Which was agreed to, and the bill passed. 
 The House concurred, and the bill became a 
 law. 
 
 increased pat of soldiers. 
 First Session, Thirty-Seventh Congress. 
 1861, August 6 — This section was passed by 
 both Houses : 
 
 Be it enacted, d-c, That the pay of the privates in the reg- 
 ular army and volunteers in the service of tho United States 
 be thirteen dollars per month for three years from and after 
 the passage of this act, and until otherwise ordered. 
 
 First Session, Thirty-Eighth Congress. 
 IN HOUSE. 
 
 May 3 — The Senate bill to increase the pay 
 of soldiers was reported from the Committee on 
 Military Affairs, making the pay, from May I, 
 of " all soldiers in the military service sixteen 
 dollars per month ;" corporals, eighteen dollars ; 
 sergeants, twenty dollars. 
 
 Mr. Holman sought the floor to raove an 
 amendment that white soldiers should have 
 twenty dollars per month, and colored eighteen 
 dollars. 
 
 Mr. Cox sought to move an amendment to 
 
!5<<! 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 incre}.3J Le yuy of soldiers and non-commis- 
 sioned ofGcei-'i iWiy (^olJars per month. 
 
 Mr. Dawson, to move to make it twenty dol- 
 lars in the pi'cseni caivoucy. 
 
 But JJr. ScHEXCK declined to yield the floor. 
 
 After a brief explanation the bill passed — 
 yeas 135, nays none. 
 
 IN SENATK 
 
 May 11 — The Senate Military Committee re- 
 ported the bill with amendmeiils, the principal 
 one of which fixed the rates asj now existing 
 and stated in the summary cf "our Military 
 Legislation," which was agreed to, without 
 division in either House. While the bill was 
 pending in the Senate, 
 
 May 17 — Mr. Richardson offered tliu follow- 
 ing : 
 
 That from and after the first day of May, 1C64, the offi- 
 cers, non-commissioned officers, musicians, and pri/aiss in 
 the regular army and volunteers and dralted forcss in the 
 survioe of the Uiiited States shall be paid in gold : Proiided, 
 That said officers, non-commissioned olficers, musicians, an.'l 
 privates may bo paid in Treasury notes or paper money 
 when the Government cannot pay in gold. If not paid in 
 gold, they shtdl be paid in paper an amount equal to the 
 value of gold at the time of payment. 
 
 Which was rejected — yeas 6, nays 23, as fol- 
 lows: 
 
 Yeas — Messrs. BuckaUw, Davis, n&ndrichs, Lane of In- 
 diana, Povjell, Richardson — 6. 
 
 Nays — Messrs. Anthony, Cliandler, Clark, Collamer, Con- 
 ness, Dixou, Uoolittle, Foot, Foster, Grimes, Harlan, Harris, 
 Henderson, Howe, Johnson, Lane of Kansas, Morgan, Mor- 
 rill, Ramsey, Sumner, Ten Eyck, Van Winkle, Wilson— 23. 
 
 Mr. Powell offered this amendment: 
 
 Provided, That the provisions of this act shall not apply 
 to colored soldiers. 
 
 Which was rejected — yeas 5, nays 26, as fol- 
 lows : 
 
 Yeas — Messrs. BucJcalew, Davis, Hendriclcs, Powell, JRicJi- 
 ardy.on~5. 
 
 Nays — ^lessrs. Anthony, Chandler, Clark, Collamer, Con- 
 ness, Dixon, Doolittle, Foot, Foster, Grimes, Harlan, Harris, 
 Henderson, Howard, Howe, Johnson, Lane of Indiana, Lane 
 of Kansas, Morgan, Morrill, Tomeroy, Ramsey, Sumner, 
 Ten Eyck, Van Winkle, Wilson— 26. 
 
 OEDERS ISSUED BY THE SECRETARY OF WAR IN 
 ENFORCING THE DRAFT. 
 
 The Secretary of War, in executing the draft 
 of 1862, issued these ordei's : 
 
 War Department, Washington City, D. C, 
 
 Jiuffust 8, 1S62. 
 Orders to prevent the evasion of military duty and for the 
 suppression of disloyal practices. 
 
 First. By direction of the President of the United States, 
 it is hereby ordered that, until further order, no citizen 
 liable to be drafted into the militia shall be allowed to go 
 to a foreign country, and all marshals, deputy marshals, 
 and military otBeers of the United States, are directed, and 
 all police authorities, especially at the ports of the United 
 States on the seaboard and on the frontier, are requested to 
 81* that this orler is faithfully carried into effect. And 
 they are hereby authorized and directed to arrest and de- 
 tain any person or persons about to depart from the United 
 States in violation of this order, and report to Major L. C. 
 Turner, Judge Advocate, at Washington city, for further 
 instruction respectiug the person or persons so arrested and 
 detained. 
 
 Second. Any person liable to draft who shall absent him- 
 self from his county or State before such draft is made, will 
 bo arrested by any provost marshal, or other United States 
 or State officer, wlierover ho may bo found within the juris- 
 (Lction of the United States, and conveyed to the nearest 
 military post or depot, and placed on military duty for the 
 term of the draft ; and the expenses of his own arrest and 
 convej'ance to such post or depot, and also the sum of five 
 dollars as a reward to the officer who shall make such ar- 
 rest, shall be deducted from his pay. 
 
 Tiiird. The writ of habeas ccrrjms is hereby suspended in 
 
 respect to all persons arrested and detained, nn i in respect 
 to all persons arrested for disloyal practices. 
 
 (Signed) EDWIN M. STANTON, 
 
 Secretary of War. 
 
 War Department, Wasldngton City, Aug. 8. 
 
 OrrfcrecZ— First. That all United States Marshals, and 
 superintendents, and chiefs of police of any town, city or 
 district, be and they are hereby authorized and diieeted to 
 arrest and imprison any person or persons who may be en- 
 gaged, by any act of speech or writing, in discouraging 
 volunteer enlistments, or in any way giving aid and comfort 
 to the enemy, or in any other disloyal practice against tho 
 United States. 
 
 Second. That immediate report bo made to Major L. 0. 
 Turner, Judge Advocate, in order that such persons may lio 
 tried before a military commission. 
 
 Third. The expenses of such arrest and imprisonment 
 will be certified to the chief clerk of the War Department 
 for settlement and payment. 
 
 EDWIN M. STANTON, 
 
 S'cretary of War. 
 
 Washington, Attgwt 14. 
 Tho following was issued to-day from the War Depart- 
 ment: 
 additional regulations for the enrollment and dhaft 
 
 OF THE militia. 
 
 Ordered- Eighth— That in filling all requisitions for mi- 
 litia the quotas of tho several States will be apportioned 
 bj tie Governors among the several counties, and where 
 practicable among the subdivisions of counties, so that 
 allocvance shall be made to such counties and subdivisions 
 for all volimteers heretofore furnished by them and nms- 
 tered into the service of the United States, and whose 
 stipulated terms of service shall not have expired. 
 
 (Si^ed) E. M. STANTON, 
 
 Secretary of War. 
 
 War Department, 
 Washington, Sypternhcr 7, 1SC2. 
 
 INSTRUCTIONS TO VKITID STATES MARSHALS, MILITARY COM- 
 MANDANTS, 5K->.-»DSl' MARSHALS, POLICE OFFICERS, SH«RIFFS, 
 ETC. 
 
 The quota of voliintecrs and enrollment of militia having 
 been completed in th? eeveral States, the necessity for a 
 stringent enforcement of <he orders of the War Department 
 in respect to volunteerirg aad drafting no longer exists. 
 Arrests for violation of these orders and lor disloyal prac- 
 tices will hereafter be mau'e only upon express warrant, or 
 by direction of the military comiaanders or Governor of the 
 State in which such arrests ra.ay be made. And restriction^ 
 upon travel imposed by these ordei3 are rescinded. 
 1. C. TURNER, 
 Judr/e Advocate. 
 
 THE PRESIDENT S PROCLAMATION RELATIVE TO 
 ALIENS. 
 
 1863, May 8 — The President issued a procla- 
 mation relative to an exeraptio.~\ Jrum the draft 
 on the plea of alienage, in whioh he declares: 
 Now, therefore, to avoid all misnppreliovsiono concerning 
 the liability of persons concerned to pprfoi-ii the service 
 required by such enactment, and to give it full effect, I do 
 hereby order and proclaim that no plea of alienago will be 
 received, or allowed to exempt from the obligations imposed 
 by the a.oresaid act of Congress any person of foreign birth 
 who shall have declared on oath his intention .to become a 
 citizen of tho United States, under the laws thereof, and 
 who shall bo found within the United States at any time 
 during tho continuance of the present insurrection and ri>- 
 belliou, at or after the expiration of the period of sixty-five 
 days from the date of this proclamation ; nor shall any such 
 plea of alienage be allowed in favor of any such person wh>> 
 has so, as aforesaid, declared his intention to become a ci'i- 
 zcu of the United States, and shall have exorcised at any 
 time the right of suffrage, or any other political franchi.so 
 within the United States, under the laws thereof, or under 
 the law's of any of the several States. 
 
 JUDICI.\L DECISIONS UPON THE CONSTITUTIONALIT'k 
 OF THE CONSCRIPTION ACT. 
 
 In the Circuit Court of the United States for 
 the eastern district of Pennsylvania, Judge 
 Cadwalader delivered an opinion in September, 
 1863, a condensation of which is subjoined 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 273 
 
 from the New York Tribune of September 11, 
 1863: 
 
 The powers conferred by the Constitution upon Congress, 
 to raise and support armies and make rules for their gov 
 eroment, are distinct from the powers whicli are conferred 
 on it as to the militia of the respective States. Until the 
 act in question, the national armies had been raised by vol- 
 untary enlistment. The system of enrollment and draft 
 had long been matured as to the militia of the States. But 
 uutU the summer of 1S62 the utmost penalty for not serv- 
 ing when drafted from such militia for the service of the 
 United States had been pecuniary, mth limited imiirison- 
 ment for non-payment. The act of Congress of 17th July, 
 1862, authorized impressment into the military service of 
 the United States of those persons drafted from the militia 
 under that act, who, when ordered to attend at the place of 
 muster, disobeyed. 
 
 The specific power of impressment had not been previ- 
 ously conferred. But, under the former system, though the 
 fine for not serving had, when received, been considered an 
 equivalent for service, the payment had nevertheless been 
 enforced, or the penalty of imprisonment inflicted by courts- 
 maxtial when the money was not otherwise collected. The 
 constitutionality of this former jurisdiction of courts-mar- 
 tial may be considered as established, (5 Wheaton 1.) It 
 would not have been constitutionnl if disobedience to attend 
 at a i)lace of muster had not been a military offence. Con- 
 gross, unless it had the power of absolutely subjecting a 
 drafted person to military rule from the time of the di'aft, 
 could not have thus made his disobedience before he was 
 mustered into service a military offence. 
 
 The act of Congress of 1795, which fixed the time of 
 aiTival at the place of rendezvous as the period of the com- 
 mencement of the military service, might constitutionally, 
 iu the opinion of the Supreme Court, have made the time 
 of draft the period. (5 Wheaton, 17, 18, 30, and see pp. 30, 
 37, 56, 61, 65.) The constitutionality of theact of 17th July, 
 1862, when the question was considered here in March last, 
 in McCall's case, appeared therefore to be established by 
 authority. If the question had been thought an open one, 
 the same view of the effect of the Constitution would have 
 been taken. 
 
 The act of 3d of March, 1863, has adopted a like system 
 on an extended scale, for the pm'pose of raising national 
 armies independently of the militia of the States. Under 
 the former laws which have been mentioned, a question 
 such as that now under consideration could notarise. The 
 (juestion under those laws could ouly have been that of a 
 military court's exercise of jurisdiction over a person who 
 having been lawfully drafted already owed military service. 
 There could not have been any dispute that the primary 
 question whether he had been lawfully drafted or was 
 liable to serve, was open to decision by the ordinary tribu- 
 nals under a writ of habeas corpus. Here, however, the 
 question is whether a military commission can so decide the 
 uriginal question of liability to serve as absolutely as to 
 deprive all other tribunals of cognizance of it. 
 
 The enactments of the law iu question are not so ar- 
 ranged that its provisions for the preparatory enrollment, 
 and those for the draft, are always separated. They must 
 however, be kept distinct when they are considered with 
 reference to the Constitution. The most unlimited system 
 of mere enrollment could not be constitutionally objec- 
 tionable. 
 
 But a system of drafting might be arbitrary and latitu- 
 dinarian to such an extent as to encroach upon constitu- 
 tional rights. ***** The constitutional authority 
 to enact the law which is under consideration was derived 
 exclusively from the power to raise armies. It cannot be 
 enlarged under the authority which the Constitution also 
 confers to make all laws necessary and proper for carrying 
 tiie powers delegated, this one included, into execution. 
 
 After citing the provision of the act, the 
 judge says : 
 
 This review of the principal enactment of the law suffices 
 to indicate its general purposes. The organization of armies 
 under it is to cease on the termination of the civil war, for 
 whose exigencies it provides; and the term of service of 
 tliose dratted under it cannot exceed three years, though 
 the war should continue longer. Such limitations of the 
 time would have prevented the compulsory requirement of 
 military service from being unconstitutional, though it had 
 included every able-bodied male iuhabitant. 
 
 [From the Illinois State Journal of June 17, 1S64.] 
 
 THE CONSTITnTIONALITr OF THE ENROLLMENT ACT AFFIRMED. 
 
 In the United States Circuit Court, Judges David Davis 
 and S. H. Treat upon the bench, an importmt decision was 
 rendered on the 15th instant. It was on a motion to quash 
 the indictment in the case of "The Uuited States agt. John 
 Graham and others," for resistance to the enrollment in 
 18 
 
 Fulton county last summer. The case was ably argued for 
 tlie prosecution by Messrs. Lawrence Weldon ami W. H. 
 Ilerndon, and by Messrs. Judd and James for the defence. 
 The court rendered a decision aflSrming the constitution- 
 ality of the enrollment act, based upon the provision of the 
 Constitution empowering Congress to raise and equip 
 armies. This is the first decision under the enrollment act 
 rendered in this State, and is therefore important. I he 
 motion to quash the indictment was granted, on the ground 
 that Iho punishment of the particular class of offenders 
 charged was not specily;ally provided for in the act of July. 
 1S63. It was admitted, however, that the net as amended 
 by the act of February, 1864, covers the whole point, and 
 tliat, as the law ni)w stands, resistance to the enrollment is 
 liiible to the severest penalties. The decision was ren- 
 dered by Judge Treat, Judge Davis concurring. 
 
 THE TWO DECISIONS OF THE SUPREME COtrRT OF PENNSYLVANIA. 
 
 A majority of the judges of the Supreme 
 Court of Pennsylvania, as constituted in No- 
 vember, 1863, pronounced the enrollment law 
 nnconstitutionpl. Chief Ju tice Lowrie and 
 Justices George "W. Woodward and James 
 Thompson concurred in this judgment, and Jus- 
 tices William Strong and John M. Read dis- 
 sented. These points are covered by the de- 
 cision : 
 
 1. The Constitution of the United States recognizes only 
 two sorts of military land forces, viz., " the militia," and 
 the " regular or standing army." 
 
 2. The conscription act of March 3, 1863, is not founded 
 on that clause of the Constitution which jirovides for call- 
 ing forth the militia, because the persons drafted under the 
 act are not to be armed, organized, and discijilined under 
 tlie lailitia law, nor are they called forth under State offi- 
 cers, as required by the Constitution. 
 
 3. There is no power given to recruit the regular Army 
 by forced levies. This can only be done by voluntary en- 
 listments. 
 
 4. The mode of "raising armies" by for • . i liti: ; for 
 the suppression of rebellion or insurri'!ti< i ■ ;;;iinr- 
 ized by the Constitution, because such ■ i ; ■' < >|y 
 provided for by the power therein given 1 i r, :,i!,- . ni tlio 
 dormant forces, or militia. 
 
 5. The Constitution authorizes levies of the " militia of 
 the States" in its organized form in cases of rebellion and 
 invasion, but in no other case or mode than is therein pro- 
 vided. 
 
 6. The mode of coercion provided for this purpose by the 
 act of March 3, 1862, is unconstitution;:l, because 
 
 (1.) It is incompatible with the provisions of the Consti- 
 tution relative to the militia. 
 
 (2.) It exhausts the militia force of the several States, 
 which existed as an institution before the formation of the 
 Federal Government, and was not only not granted away 
 but expressly reserved at the formation of the Constitution ; 
 annuls the remedy for instu-rection expressly provided by 
 the Constitution, and substitutes a new one not therein 
 provided for ; and converts into national forces as part of 
 the regular army of the General Govcrnmeut the whole 
 militia force of the States, not on the contingency therein 
 provided for nor in the form therein prescribed, but entirely 
 u-respective ther(!of. 
 
 (3.) It incorporates into this new national force every 
 civil officer of the State except the Governor, and every offi- 
 cer of its social institutions and military organization wit hiu 
 the prescribed age, thus subjecting the civil, social, and 
 military organizations of the States to the Federal power to 
 " raise armies." 
 
 (4.) It provides for a thorough fusion of the army and the 
 irfllitia, two forces which are kept distinct by the Constitu- 
 tion, by investing the President with power to assign the 
 soldiers obtained by the draft to any corps, regiment, or 
 branch of service at his pleasure. 
 
 (5.) It subjects the citizen to the rules and articles of war 
 before he is in " actual service,'' and proposes to effect this 
 purpose by merely drawing his name from a wheel and 
 serving notice of that fact upon him. 
 
 The key-note of Judge Woodward's opinion 
 is this paragraph : 
 
 The great vice of the conscript law is, that it is founded 
 on au assumption that Congress may take away, not tho 
 State' rights of the citizen, but the socin-ity and foundation 
 of his State rights. And how long is c ivil liberty expected 
 to last, alter the securities of civil liberty are destroyed? 
 Tlio Constitution of the United S'atcs committed tho liber- 
 ties of the citizen in part to the Federal Government, but 
 expressly reserved to the States, and the people of the 
 States, all it did not delegate. It gave the General Govern- 
 
274 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 ment a standing army, but loft to the States their militia. 1 
 Its purposi'S in all this balancing of powers were wise and 
 good, but this legislation disregards these distinctions and ' 
 upturns the whole system of government when it converts 
 the Slate militia into "National forces," and claims to use 
 and govern them as such. 
 
 Chief Justice Lowrie and Justice Thompson 
 elaborate the same point. 
 
 1864, Jan. 16 — The same court, then differently 
 constituted by the defeat of Chief Justice Low- 
 rie at the October election and the choice of 
 Daniel Agnew, directed the orders granted in 
 the cases heard in November to be vacated, and 
 affirming the constitutionality of the enroll- 
 ment act, overruled the motions for injunctions 
 to restrain certain provost marshals from pro- 
 ceeding with the enrollment and draft. Messrs. 
 Strong, Read and Agnew constituted the major- 
 ity, and Woodward and Thompson the mi- 
 nority. 
 
 Justice Agnew closed his opinion with sta- 
 ting these conclusions : 
 
 The constitutional authority to use the national forces 
 creates a corresponding duty to provide a number ade- 
 quate to I ho necessity. The duty is vital and essential, 
 falling back on the fundamental right of self-preservation, 
 and the powers expressed to declare war, raise armies, 
 maintain navies, and provide for the common defence. 
 Power and duty now go hand in hand with the extremity 
 until every available man in the nation is called into ser- 
 vice, if the emergency requires it, and o*" this there can be 
 no judge but Congress. 
 
 They may proceed, therefore, to the exhaustion of the 
 whole element from which the State draws its militia, for 
 the people, under the two powei s, are the same ; while the 
 supremacy of the national power, provided in section 2 of 
 article 6, necessarily draws to itself the whole number, if 
 required by the exigency, to the exclusion of the State 
 power. 
 
 And in reason why should a major power be restricted 
 by a minor? The power to raise armies comprehends for 
 Its purposes the whole scope of the purposes of armies, 
 while the authority to call out the militia is confined to the 
 enumerated three. 
 
 But it is a mistake in fact to say this case exhausts the 
 militia. It enrolls probably all ; for how can any be draft- 
 ed without all be known ? But the draft is confined to so 
 many as are needed for the emergency, while the others 
 remain in the militia. And if you deny the power to re- 
 peat the draft, what is that but to say your force shall not 
 increase with the necessity ? 
 
 Xor is it true that the enrollment under this law exhausts 
 the tnililia. Neidier the law of Congress, nor the laws of 
 the States, so far as we l^ow them, have enrolled all able 
 bodied men capable of militia duty. A wide margin yet 
 exists in the law of the nation ; but we do hear of this 
 margin being written all over in the seceded States. 
 
 As to the objection to the 13th section, [iroviding the 
 punishment of desertion for those who fail to appear, it is 
 onlv necessary to say, we cannot presume the complainant 
 will bcgwiliy of failing to perform his legal duty subse- 
 quent to the draft, when he linds the law valid which 
 drafts him. He asks us to relieve him from the draft, not 
 from a military trial for misconduct. Whenever ho chooses 
 to incur the [iroposed penalty for disobeying a valid law, it 
 will be in time for the proper tribunal to arrest an illegal 
 mode of punishment. 
 
 Tbe qiKstiou of jurisdiction is unnecessary to a decision. 
 The point is too important, the cases too numerous, and the 
 labor too great. It should therefore be left for a decision 
 when it shall have to be met. 
 
 For all these reasons I concur in rescinding the order for 
 a preliminary injunction. 
 
 GOVERNOR SEYMOUR AND THE DRAFT. 
 
 The result of the repeated conferences between 
 the State authorities of New York and the War 
 Department, was to ascertain that the State had 
 been called to furnish 12,533 men more than 
 her quota ; and the House of Representatives of 
 that State, during its late session, passed this 
 resolution : 
 
 Resolved, That the thanks of this House be and are liere- 
 oy tendered to hia Excellency Governor Seymonr for calling 
 
 the attention of the General Government at Washington 
 to the errors in the apportionment of the quota of this State 
 uniler the enrollment act of 3d M.arph, lS63.and tcrhis 
 prompt and efficient efforts in procuring a correction of the 
 same. 
 
 GENERAL m'CLELLAN URGED A DRaFT IN 1861. 
 
 Soon after General McClellan assumed com- 
 mand of the army, succeeding General Scott, 
 he wrote this letter to the President: 
 
 Washixgtox, Auffust 20, 1861. 
 Sib: I have just received the inclosed dispatch in cipher 
 Cflunel Marcy knows what he says, and is of the coolest 
 judgment. I recommend that the Secretary of War ascer- 
 tain at once by telejAnim how the enrollment proceeds iu 
 New York and elsewhere, and that, if it is not proceeding 
 with great rapidity, drafts to be made at once. We must 
 have men without delay. 
 
 r.espectfully your obedient servant, 
 
 GEORGE B. McCLELLAN, Maj. Gen. U. S.A. 
 
 DISPATCH FROM COL. R. B. MARCY TO GE:<ERAL MCCLELLAN. 
 
 New York, August 20, 1861. 
 I urge upon you to make a positive and unconditional de- 
 mand for an immediate draft of the additional troops you 
 require. Men will not volunteer now, and drafting is the 
 only successful plan. The people will applaud such a course, 
 rely upon it. I will be in Wushingtou to-morrow. 
 
 R. B. MARCY. 
 
 Colored Soldiers. 
 Second Session, Thirty-Seventh Congress. 
 
 1862, July 17 — These provisions became law: 
 That the President be, and he is hereby, authorized to 
 
 receive into the service of the United States, for the purpose 
 of constructing intrenchments, or peribrmirig camp ser- 
 vice, or any other labor, or any military or paval service for 
 which they may be Ibund competent, persons of African de- 
 scent; and such persons shall be enrolled and organized 
 under such regulations, not inconsistent with the Constitu- 
 tion and laws, as the President may prescribe. 
 
 That when any man or boy of African descent, who by 
 the laws of any State shall owe service or labor to any per- 
 son who, during the present rebellion, has levied war or has 
 borne arms against the United States, or adhered to their 
 enemies by giving them aid and comfort, shall render any 
 such service as is provided for in this act, he, his mother, 
 and his wife and children shall forever thereafter be free, 
 any law, usage, or custom whatsoever to the contrary not- 
 withstanding : I'rovided, That the mother, wife and child- 
 ren of such man or boy of African descent shall not be 
 made free by the oporal ion of this act except where such 
 mother, wife or children owe service or labor to some per- 
 son who, during the present rebolliou, hiis borne arms 
 against the United States or adhered to their enemies by 
 giving them aid and comfort. 
 
 That the expenses incurred to carry this act into effect 
 shall be paid out of tht general appropriation for the army 
 and volunteers. 
 
 That all persons who h.ive been or shall be hereafter en- 
 rolled in the service of the United States under this .act 
 shall receive the pay and rations now allowed by law to 
 soldiers, according to their respective grades: Provided, 
 That persons of African descent, who under this law sh;Ul 
 be employed, shall receive ten dollars per month and one 
 ration, three dollars of which monthly pay may be in 
 clothing. 
 
 1863, May 3— Section 10 of the Engineer bill 
 provides that the President of the United States 
 be, and he is hereby, authorized to cause to 
 be enlisted, for each cook, two undcr-cooks, of 
 African descent, who shall receive for their 
 full compensation ten dollars per month, and 
 one ration per day — three dollars of said month- 
 ly pay may be in clothing. 
 
 1863, March 3 — Includes all able-bodied 
 males. 
 
 1864, Feb. 24— (Section 24) directs that all 
 able-bodied male colored persons between 
 twenty and forty-five, resident iu the United 
 States, shtxU be enrolled and form part of the 
 national forces. When a slave of a loyal mas- 
 ter shall be drafted, his master shall have a 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 275 
 
 certificate and the bounty of $100 and tlie slave 
 ehall be free. [For whole section, and for other 
 votes on colored soldiers, see other pages.] 
 
 IN SENATE. 
 
 Pending the consideration of the bill of 1862, 
 
 1862, July 10 — Mr. Davis, of Kentucky, 
 moved to strike out the words " or any mili- 
 tary or naval service for which they may be 
 found competent;" which was rejected — yeas 
 11, nays 27, as follows : 
 
 Yeas — Messrs. CarliU, Cowan, Davis, Ilenderson, Km- 
 ned'j, Povdl, Saulshury, Slark, Willey, Wilson of Missouri, 
 Wright— n. 
 
 Nats— Messrs. Anthony, BroTraing, Chandler, Clark, Col- 
 lamor, Doolittlo, Fessendcn, Foot, Grimes, Hale, Harlan, 
 Harris. Howard, King, Lane of Indiana, La^e of Kansas, 
 Morrill, Pomeroy, Rice, Sherman, Simmons, Sumner, Ten 
 Eyck, Trumbull, Wade, Wilkinson, Wilson of Massachu- 
 setts — 27. 
 
 Mr. Henderson moved to limit the section to 
 "free" persons of African descent, and to 
 " such persons of African descent as may owe 
 service or labor to persons engaged in the re- 
 bellion ;" which was negatived — yeas 13, nays 
 22, as follows : 
 
 Yeas— Messrs. Anthony, Browning, Cowan, Daris. Hender- 
 son, Lano of Indiana, McDougall, Powell, Rice, Slavic, Wil- 
 lev. W,Iir.n of Missouri, Wright— 13. 
 
 K ATS— M. tsrs. Chandler, Clark, Collamer, Doolittle, Fes- 
 eend'U. 1\ it. <,;rimcs. Hale, Harlan, Harris, Howard, King, 
 Lane uf K:iii?as, Morrill, Pomeroy, Sherman, Simmons, 
 Sumner. Trumbull, Wilkinson, Wilmot, Wilson of Massa- 
 chusetts — 22. 
 
 Mr. Henderson moved to add the following : 
 
 Provided, That all loyal persons entitled to the service 
 or labor of such persons, according to the laws of the State 
 in which the ovTier of such slave may reside, employed 
 under the pro\-iiions of this act, shall be compensated for 
 the loss of such service. 
 
 Which was agreed to — yeas 20, nays 17, as 
 follows : 
 
 Yeas— Messrs. Anthony, Browning, Collamer, Cowan, 
 Davis, Doolittle, Foot, Foster, Harlan, Henderson, Howe, 
 Lano of Indiana, McDougall, Powell. Simmons, Stark, Ten 
 Eyck. Willey, Wilson of Missouri, Wright— 20. 
 
 Nats — Messrs. Chandler, Clark, Fessenden, Grimes, Hale, 
 Harris, Howard, King, Lane of Kansas, Morrill, Pomeroy, 
 Sherman, Sumner, Trumbull, Wilkinson, Wilmot, Wilson of 
 Massachusetts — 17. 
 
 Mr. Lane, of Kansas, moved to amend the 
 section by "directing" as well as "authoriz- 
 ing " the President to receive into the service, 
 &c., which was rejected. 
 
 Mr. SuERMAN moved to amend by making the 
 section read — 
 
 That when any man or boy of African descent, who by 
 the laws of any State shall owe service or labor to any per- 
 son who, dm-ing the present rebellion, has levied war or 
 borne arms ag-jinst the United States, or adhered to their 
 enemies by gidng f hem aid and comfort, shall render any 
 such service as is provided for in the first section of this act, 
 he, his mother, and his wife and children shall forever 
 thereafter be free, any law, usage, or custom whatsoever to 
 the contrary notwithstanding. 
 
 Which was agreed to — yeas 22, nays 16, as 
 follows : 
 
 Yeas — Messrs. Anthony, Browning, Collamer, Cowan, 
 Davis, Doolittle, Foster, Harris, Henderson, Howard, Howe, 
 Kmncdy, Lane of Indiana, McDougall, Rice, Sherman 
 Simmons, Slark, Ten Eyck, Willey, Wilson of Slissouri, 
 Wright— 22. 
 
 Nats — Messrs. Chandler, Clark, Foot, Grimes, Halo, Har- 
 lan, King, Lane of Kansas, Morrill, Pomeroy, Sumner, 
 Trumbull, Wade, Wilkinson, Wilmot, Wilson of Mass — 16. 
 
 The bill was then dropped, and, July 14, 
 Mr. Wilson reported a bill to amend the act 
 calling forth the militia, containing the pro- 
 visions which were finally passed, and provid- 
 
 ing that when any man or boj' of African 
 descent shall render any such service, he, his 
 mother, and his wife and children are forever 
 thereafter to be free. July 15, 
 
 Mr. Browning moved to strike out the clause 
 liberating the mother, wife, and children; which 
 was negatived — yeas 17, nays 20 : 
 
 Ye.is — Messrs. Browning, Collamer, Cowan, Davis, Doo- 
 little, Foster, Harris. Henderson, Lane of Indiana, Powell, 
 Rice Sauhburtj, i^herman, Stark, Ten Eyck, Triison of 
 Missouri, Wright— 17. 
 
 Nats— Messrs. Chandler, Clark, Fessenden, Foot, Grimes, 
 Hale, Harlan, Howard, Howe, King, Lano of Kansas, Jlor- 
 rill, Pomeroy, t^immons, Sumner, Trumbull, Wade, Wilkin- 
 son, Wilmot, Wilson of Massachuetts — .0. 
 
 Mr. Browning moved to limit the liberation 
 of the mother, wife, and children to cases in 
 which the owner has borne arms against the 
 United States or adhered to their enemies, by 
 giving them aid and comfort; which was agreed 
 to — yeas 21, nays 16, as follows: 
 
 Yeas — Messrs. Crowning, Collamer, Cowan, Z>at!ts, Doo- 
 little, Fessenden, Foster, Harris, Ilenderson, Kennedy, Lane 
 of Indiana, Powell, Rice, Saulsbury, Sherman, Simmons, 
 Stark, Ten Eyck, Willey, WiUon of Missouri, Wright— 2\. 
 
 N.ATS— Messrs. Cliandler, Clark, Foot, Grimes, Hale, Har- 
 lan, Howard, Howe, King, Lane of Kansas, Sumner, Trum- 
 bull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts — 
 16. 
 
 The bill was passed — yeas 28, nays 9, {Bay- 
 ,ard, Carliie, Davis, Keimedy, Powell, Saulsbury, 
 Stark, Willey, TFeYsow of Missouri.) 
 
 1862, May 16 — Pending the consideration of 
 a bill to suppress insurrection and to punish 
 treason and rebellion, 
 
 Mr D.wis moved to strike from the first sec- 
 tion the words " and all his slaves, if any, shall 
 be declared and made free," and make the im- 
 prisonment not less than five nor more than 
 twenty years ; which was rejected — yeas 7, 
 nays 31, as follows : 
 
 Yeas— Messrs. Davis, McDougall, Pearce, Powell, SauU- 
 bury. Stark, Wilson of Missouri — 7. 
 
 Nats — Messrs. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, 
 Grimes, Harris, Henderson, Howard, Howe, King, Lane of 
 ImUana, Lane of Kansas, Morrill, Pomeroy, Sherman, Sim- 
 mons, Sumner, Ten Eyck, Trumbull, Wade, Willey, Wilmot, 
 Wilson of Massachusetts, Wright — 31. 
 
 May 19 — Mr. Powell moved to strike out the 
 eleventh section : 
 
 That the President of the United States is authorized to 
 employ as many persons of African descent as he may deem 
 necessary and proper for the suppression of this rebellion, 
 and for this purpose he may organize and use them in such 
 manner as he may judge best for the public welfare. 
 
 Which was rejected — yeas 11, nays 25, as 
 follows: 
 
 Yeas — Messrs. Carliie, Davis, Henderson, Latham, Pearce, 
 Powell, Saulsbury, <Start, Willey, TFiZsore of Jlissouri, Wriglit 
 
 Nats — Messrs. Anthony, Browning, Clark, Collamer, 
 Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, 
 Harlan, Harris, Howard, Howe, Lane of Kansas, Pomeroy, 
 Sherman, Sunmer, Ten Eyck, Trumbull, Wade, Wilkinson, 
 Wilmot, Wilson of Massachusetts — 25. 
 
 The bill did not get to a final vote. 
 IN HOUSE. 
 
 July 16— The Senate bill quoted above was 
 taken up, when 
 
 Mr. HoLMAN moved that it do lie upon the 
 table, which was negatived — yeas 30, naya 77, 
 as follows : 
 
 Yeas— Messrs. WiViam. Allen, XVniiamJ. Allen, Diddle, 
 Calvvrt, Clnnmls, Cobb, Cox, Crisfield, Dunlap, I-huke, Gri- 
 der. Nail. Harding, Holman, Kerrigan, Knapp, Law, Lazear, 
 Mallory, May, Maynard, Mamies, Pendleton, John S. Plidps, 
 
276 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 Shiel, Tohn B. Sttele, William G. Steele, StUes, Webster, 
 Wickliffe—ZO. 
 
 Nays— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baxter, Beanian, Bingham, Sanwcl S. Blair, Blake, Bufflntoii, 
 Campbell, Colfax, Roscoe Conkliug, Cutler, Davis, Dawes, 
 Duell, Dunn, Edwards, Ely, Fenton, Fesseuden, Frank, 
 Goodwin, Granger, Hairjld, Hale, Uanchett, Hooper, Julian, 
 Kelley, Francis W. Kellogg, William Kellogg, Leary, Loomis, 
 Lovejoy, Low, McKnight, McPherson, Moorhead, Anson P. 
 Morrill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Timo- 
 thy G. Phelps, Pike, Porter, Potter, Alexander H. Rice, 
 John II. Rice, Riddle, Edward U. Rollins, Sargent, Sedg- 
 wick, Shanks, Shellabarger, Sherman, Smith, Spaiilding, 
 Stevens, Stratton, Benjamin F. Thomas, Train, Trimble, 
 Trowbridge, Van Horn, Vorree, Wall, Wallace, Walton, 
 Ward, Wilson, Windom, Worcester — 77. 
 
 The bill then passed. 
 
 OTHER PROCEEDINGS ON THIS SUBJECT. 
 
 Third Session, Thirty-Seventh Congress. 
 IN HOUSE. 
 
 18G3, January 27 — Mr. Stevens offered a bill 
 for the enlistment of 150,000 soldiers, persons 
 of color or of African descent, to serve for five 
 years, and to receive a bounty of $5, and pay 
 at the rate of $10 per month, recruiting sta- 
 tions to be established in free or slave States, 
 regimental officers to be white, company officers 
 white or colored as the President may direct. 
 Slaves and freemen may be enlisted ; such per- 
 sons shall never again be slaves but the United 
 States shall pay for such of them as belong to 
 persons not disloyal. 
 
 Mr. Hickman offered a substitute authorizing 
 the organization of three hundred colored regi- 
 ments to be uniformed in a special and marked 
 manner, to serve for seven years, at a monthly 
 pay of $6 50, one half to be retnined till dis- 
 charged — their officers to be of collegiate edu- 
 cation and receive twice the pay of other offi- 
 cers. The bill contained a colonization feature, 
 and appropriated the proceeds of confiscation 
 to be applied to educational purposes in the 
 States in which the property confiscated, lies. 
 
 The bill was repeatedly before the House, was 
 severely "filibustered," and was finally modi- 
 fied by Mr. Stevens to read as follows: 
 
 Be it enacted b;/ the Samte and House of Representatives 
 of the United States of America in Congress assembled. 
 That the President be, and he is hereby, authorized to en- 
 roll, arm, equip, and receive into the land and naval service 
 of the United States, such number of volunteers of African 
 descent as he may deem iiseful to suppress the present re- 
 bellion, for such term of service as ho may prescribe, not 
 exceeding five years. The said volunteers to be organized 
 according to the regulations of the branch of service in 
 whicli tliey may he enlisted, to receive the same rations, 
 clothing, and equipments as other volunteers, and amonthly 
 pay not to exceed that of other volunteers ; to be officered 
 by persons appointed and commissioned by the President, 
 and to be governed by the rules and articles of war and 
 Buch other rules and regulations as may be prescribed by 
 tlie President : Pronded, That nothing herein contained, or 
 in the rules and articles of war, shall bo so construed as to 
 authorize or permit any officer of African descent to bo ap- 
 pointed to rank, or to exercise military or naval authority 
 over white officers, soldiers, or men in the military or naval 
 service of the United States ; nor shall any greater pay than 
 ton dollars per month, \vith the usual allowance of clothing 
 and rations, be allowed or paid to privates or laborers of 
 African descent which are, or may be, in the military or 
 naval service of the United States : Provided further. That 
 the slaves of loyal citizens in the States exempt by the 
 President's proclamation of January 1, 1863, shall not be 
 received into the armed service of the United States, nor 
 shall there be recruiting offices opened in either of the 
 States of Delaware, Maryland, West Virginia, Kentucky^ 
 Tennessee, or Missouri, without the consent of the Gover- 
 nor of said State having been first obtained. 
 
 February 2 — It passed the House — yeas 85, 
 nays 57. The Nays were — 
 
 Nats — Messrs. William Alkn, William J. Allen, Ancona, 
 
 Baily, Biddle, Jacob B. Blair, Calvert, Clements, Cobb, Cox, 
 Cravens, Crisjield, Crittenden, Delaplaine, Granger, Gridtr. 
 Ilaight, Halo, Hall, Harding, Harrison, Holman, Horton, 
 Johnson, William Kellogg, Kerrigan, Law, Lascar, Leary, 
 Mallori/, May, Maynard, Menzies, Morris, A'oble, Norton, 
 Odcll, Pendleton, Perry, Price, Robinson, James S. Rollins, 
 Shiel, Stiles, Benjamin F. Thomas, Francis Thomas, Vallan- 
 digham, Vihbard, Wadsviorth, Webster, Whaley, Chilton 
 A. White, Wickllffe, Wood, Woodruff, Wright, Teamanr-b'. 
 
 February 13 — The Senate Committee reported 
 adversely to its passage. 
 
 IN SENATE. 
 
 Pending the engineer bill, 
 
 March 2 — Mr. Davis offered this new section: 
 That no negro, free or slave, shall be enrolled in the mili- 
 tary, marine, or naval service of the United States. 
 
 Which was not agreed to — yeas 12, nays 23, 
 as follows : 
 
 Yeas — Jilessrs. Davis, Henderson, Hicks, Kennedy, Nes- 
 mith, Powell, Richardson, Saulsbury, Turpie, Wall, Willey, 
 Wilson of Missouri— 12. 
 
 Nays — Messrs. Chandler, Clark, Collamer, Cowan, Doo- 
 little, Fesseuden, Foot, Foster, Grimes, Harding, Harlan, 
 Harris, Howard, Howe, Lane of Indiana, Lane of Kansas, 
 Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Wilkin- 
 son, Wilson of Massachusetts— 23. 
 
 Mr. Powell offered to amend the eighth sec- 
 tion by adding this proviso: 
 
 Provided, That no person of African descent shall be 
 commissioned or hold an office in the army of the United 
 States. 
 
 Which was agreed to — yeas 18, nays 17, as 
 follows : 
 
 Yeas — Cowan, Davis. Harding, Harris, Henderson. Hicks, 
 Howe, Kennedy, Lane of Indiana, Nesmilh, Powell, Rich- 
 ardson, Saulsbury, Ten Eyck, Turpie, Wall, Willey, Wilson 
 of Missouri — 18. 
 
 Nays— Messrs. Chandler, Clark, Doolittle, Fessenden, 
 Foot, Foster, Grimes, Harlan, Howard, King, Lane of Kan- 
 sas, Morrill, Pomeroy, Sumner, Trumbull, Wilkinson, Wil- 
 son of Massachusetts — 17 . 
 
 Mr. Lane, of Kansas, moved to add to the 
 above proviso the following words : 
 
 Except company officers in companies composed exclu- 
 sively ot persons of African descent. 
 
 Which was agreed to — yeas 19, nays 17, as 
 follows : 
 
 Yeas— Messrs. Chandler, Clark, Collamer, Doolittle, Fes- 
 senden. Foot, Foster, Grimes, Harlan, Howe, King, Lane ot 
 Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wilkinson, 
 Wilmot, Wilson of Massachusetts — 19. 
 
 Nays — Messrs. Cowan, Davis, Harding, Harris, Hender- 
 son, Hicks, Howard, Lane of Indiana, Kesmith, Powell, 
 Richardson, Saulsbury, Sherman, Ten Eyck, Wall, Willey, 
 Wilson of Missouri— 17. 
 
 The eighth section was then stricken out 
 without a division. 
 
 PAY OP COLOKED SOLDIERS. 
 
 First Session, Thirty-Eighth Congress. 
 IN SENATE. 
 
 1864, February 23 — The Senate considered 
 the joint resolution to equalize the pay of sol- 
 diers. 
 
 Mr. Cowan moved to strike out all after the 
 enacting clause, and insert : 
 
 That from and after the passage of this joint resolution 
 the soldiers of the United States of America, of the same 
 grade and service, shall be entitled to the same pay, rations, 
 and pensions. 
 
 Mr. Davis moved to insert the following as a 
 substitute : 
 
 All negroes and mulattoes, by whatever term designated, 
 in the military service of the Uniteil States, be, and the 
 same are hereby declared to be, discharged from such ser- 
 vice, and shall bo disarmed as soon as practicable; but tlio 
 President of the United States may retiuii such of siild ntv 
 grocs and mulattoes as be shall deem proper in the military 
 
 I as teamsters am' 
 
 and t)iu commandants of 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 277 
 
 the respective regiments to -which said slaves may be at- 
 tached shall issue to their owner or owners a certificate of 
 their ennjloyment in the service of the Government. 
 
 That every loyal owner of any slave that has been here- 
 tofore, or that may hereafter be taken into the service, or 
 for the use of the United States, shall be entitled to a fair 
 and reasonable compensation for the service of such slave 
 for the time such slave may have been, or may be, in such 
 service, to be paid quarterly ; and where any slave may 
 have been killed or died from exposm-e, or may have been 
 disabled in such service, the owner or owneis of all such 
 slave or slaves shall be entitled to such compensation as will 
 reasonably satisfy them for all damages that he, she, or 
 they may have sustained by reason of the death or disa- 
 bility of any such slave or slaves. And where any such 
 slave or slaves may become a fugitive, and be not returned 
 to the owner, the United States shall pay to such owner or 
 owners the reasonable value of the service of said slave or 
 slaves. 
 
 That the owner or owners of any slave, entitled to pay 
 and compensation, as hereinbefore provided for, may make 
 out his, her, or their account therefor against the United 
 States, and upon filing the same at the Treasury Department, 
 sustained by vouchers and proofs as are required ordinarily 
 to support accounts against the United States, the same 
 shall be audited and paid by the proper officers out of any 
 money in the Treasury not otherwise appropriated. 
 
 Which was disagreed to — yeas 7, nays 30, as 
 follows : , 
 
 Yeas — Messrs. BuckaUw, Carlile, Davis, Powell, Riddle, 
 Saulsbury, Wright — 7. 
 
 Nays — Messrs. Chandler, Clark, Collamer, Conness, Dixon, 
 Fessenden, Foot, Foster, Grimes, Hale, Harding, Harlan, 
 Harris, Henderson, Howard, Howe, Johnson, Lane of In- 
 diana, Lane of Kansas, Morgan, Morrill, Nesmith, Ramsey, 
 Sherman, Sumner, Ten Eyck, Van Winkle, Wade, WUley, 
 Wilson— 30. 
 
 February 25 — Mr. Collamer moved to amend 
 by adding to the resolution the following : 
 
 All persons enlisted or mustered into service as volunteers 
 under the call dated October 17, 1863, for tlu'ee hundred 
 thousand volunteers, who were at the time of enlistment 
 actually, and for six months previous had been, resident in- 
 habitants of the State in which they volunteered, shall re- 
 ceive from the United States the same amount of bounty 
 without regard to color : Provided, however. That the fore- 
 going provision shall not extend to any State which the 
 President by proclamation has declared in a state of insur- 
 rection. 
 
 Mr. SuMNEK moved to amend the amendment 
 by adding the words : 
 
 And provided also. That all persons whose papers of en- 
 listment show that they were enlisted under the act of 
 CoDgrcss of July, 18G1, shall receive from the time of their 
 enlistment the pay promised by that statute. 
 
 Which was agreed to — yeas 19, nays 18, as 
 follows : 
 
 Yeas — Messrs. Clark, Collamer, Conness, Dixon, Doolit- 
 tle. Foot, Foster, Hale, Harding, Howard, Lane of Kansas, 
 Morgan, Morrill, Pomeroy, Sprague, Sumner, Ten Eyck, 
 Van Winkle, Wilson— 19. 
 
 Nays — Messrs. Buckalew, Chandler, Davis, Grimes, Har- 
 lan, Harris, Henderson, Hendriclcs, Howe, Johnson, Lane 
 of Indiana, Nci^mith, Pjwell, Ramsey, Saulsbury, Wilkin- 
 son, Willey, Wright — 18. 
 
 Feb. 29 — The bill was recommitted to the 
 Committee on Military Aflfairs, and again re- 
 ported amended. 
 
 March 10 —Mr. Davis offered a new section : 
 
 That for every slave or slaves that may have beenhere- 
 tolore, or may hereafter, be taken into the service of the 
 United Slates, the loyal owner or owners of such slave or 
 slaves shall be entitled to their fair and reasonable value, 
 to be ascertained by three commissioners to be appointed 
 by the United States district court for the district from 
 which such slave or slaves may have been taken. And 
 said commissioners shall take evidence and report on the 
 points of the loyalty and ownership of the claimants, and 
 the value of such slave or slaves ; and when said report 
 is confirmed by the district court aforesaid, it shall be con- 
 clusive on the poiuts cmbi-aced by it ; and on the presenta- 
 tion of an authoritative copy of said report to the Treasury 
 Department, any sum or sums therein appeariug to bo due 
 any loyal owner or owners shall be paid out of any money 
 ju the Treasury not otherwise appropriated. 
 
 Which was disagreed to — yeas G, nays 31, as 
 follows : 
 
 Yeas — Messrs. Davis, Johnson, Nesmith, Powell, Riddh, 
 Wright— &. 
 
 Nays — Messrs. Anthony, Brown, BuckaUw, Chandler, 
 Clai-k, Collamer, Conness, Dixon, Doolittle, Fessenden, Foot, 
 Foster, Grimes, Harding, Ilarlan, Harris, Howard, Lane of 
 Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ram- 
 sey, Sherman, Sumner, Ten Eyck, Van Winkle, Wade, Wil- 
 kinson, Willey, Wilson — 31. 
 
 Mr. Davis ofiFered an additional section : 
 
 That in every case where heretofore any person has agreed 
 to join, and has in fact joined, or hereafter may join, the 
 military service of the United States, and has been received 
 into the said service by any military officer thereof, the per- 
 son so joining and received into such service shall, for all 
 purposes whatever, be deemed to have been regularly mus- 
 tered into said service in the position of officer, non-commis- 
 sioned oflicor, or private, in which he may have served, not- 
 withstanding he may not have been mustered in according 
 to law and the regulations of the War Department. 
 
 Which was lost — yeas Y, naya 29, as fol- 
 lows : 
 
 Yeas — Messrs. Davis, Hendricks, Johnson, Nesmith, Pow- 
 ell, Wade, Wright—'. 
 
 Nays — Messrs. Anthony, Brown, Buckaleiu, Chandler, 
 Clark, Collamer, Conness, Dixon, Doolittle, Fessenden, Foot, 
 Foster, Grimes, Harding, Harlan, Harris, Howard, Lane of 
 Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ram- 
 sey, Sherman, Sumner, Ten Eyck, Van Winkle, Willey, 
 Wilson— 29. 
 
 The bill then passed — yeas 31, nays 6, as 
 follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, Con- 
 ness, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, 
 Grimes, Harlan, Harris, Howard, Howe, Johnson, Lane of 
 Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Pome- 
 roy, Ramsey, Sherman, Sumner, Ten Eyck, Van Winkle, 
 Wade, Willey, Wilson— 31. 
 
 Nays — Messrs. Buckalew, Davis, Hendriclcs, Powell, Rid- 
 dle, Wright— 6. 
 
 IN HOUSE. 
 It was referred to the Committee on Military 
 Aifairs, and not reported upon, when the Sen- 
 ate added propositions respecting the subject 
 to the army appropriation bill, as follows : 
 IN SENATE. 
 Pending the army appropriation bill, 
 1864, April 22 — Mr. Wilson offered these 
 resolutions: 
 
 That all persons of color who have been or may be mus- 
 tered into the service of the United States shall receive the 
 same uniform, clothing, arms, equipments, camp equipage, 
 rations, medical and hospital attendance, pay and emolu- 
 ments, other than bounty, as other soldiers of the regular 
 or volunteer forces of the Tihtcd States of like arm of the 
 service, from and after i:io 1st day of January, 1864, and 
 that every person of color who shall hereafter be mustered 
 into the service shall receive such sums in bounty as the 
 President shall order in the different States and parts of 
 the United States, not exceeding one hundred dollars. 
 
 That all persons enlisted and mustered into service na 
 volunteers under the call dated October 17, 1S64, for 300,000 
 volunteers, who were at the time of enlistment actually 
 enrolled and subject to draft in the State in which they 
 volunteered, shall receive from the United States the same 
 amount of bounty, without regard to color. 
 
 That all persons of color, who have been enlisted and 
 mustered into the service of the United States shall be en- 
 titled to receive the pay and clothing allowed by law to 
 other volunteers in the service from the date of their mus- 
 ter into the service : Provided, That the same shall have 
 been pledged or promised to them by any oflScer or person 
 who, in maldng such pledge or promise, acted by authority 
 of the War Department; and theSocretary of Waris hereby 
 authorized to determine any question of fact arising under 
 this provision. 
 
 That the same premium shall be allowed for each colored 
 recruit now mustered, or hereafter to be mustered, into the 
 service of the United States, as is or sliall be allowed for 
 white recruits: Provided, That the Secretary of War shall 
 previously give his assent to the same. 
 
 Which were agreed to — yeas 31, nays 5, as 
 follows : 
 
 Yeas— Messrs. Anthony, Brown, Clark, Collamer, ConneBS, 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 Cowan, Dixon, Doolittip, Fessenden, Foster, Grimes, Hale, 
 ITardinij, Henderson, Howard, Howe, Johnson, Lane of In- 
 diana, McDougall, Morgan, Morrill, Pomeroy, Ramsey, Sher- 
 man, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, 
 ■Willey, Wilson— 31. 
 
 Nats — Messrs. BuckaUw, Davis, Hendricks, Powell, Sauls- 
 bury — 5. 
 
 Mr. D.wis moved to add these words as a new 
 section: 
 
 That when the existing insurrection and rebellion shall 
 have been suppressed, and the authority and laws of the 
 United States shall have been re-established in the States 
 where the people are in rebellion, all negroes then in the 
 military service of the United States shall thereupon be 
 discharged from such 
 
 Which was disagreed to — yeas 10, (Messrs. 
 Buckalew, Carlile, Cowan, Davis, Henderson, 
 Hendricks, Johnson, McDougall, Powell, Sauls- 
 bury,) nays 27. 
 
 Mr. Hendricks offered a new section : 
 That the pay of the soldiers and non-commissioned officers 
 of the army of ihe United States shall hereafter be fifty 
 per cent, greater than is now allowed by law : Provided, 
 That the pay of non-commissioned officers shall not exceed 
 twenty-two dollars per month. 
 
 Which was disagreed to — yeas 6, nays 30, as 
 follows : 
 
 Yeas — Messrs. Buckalew, Carlile, Davis, Hendricks, Lane 
 of Indiana, Powell — 6. 
 
 Nats — Blessrs. Anthony, Brown, Chandler, Clark, Col- 
 lamer, Conness, Cowan, Dixon, Doolittle, Fessenden, Foot, 
 Foster, Grimes, Hale, Harding, Henderson, Howard, Howe, 
 McDougall, Morgan, Morrill, Pomeroy, Ramsey, Sherman, 
 Sumner, Ten Eyck, Trumbull, Wilkinson, Willey, Wilson 
 —30. 
 
 The army appropriation bill was then passed 
 —yeas 36, nay 1, (Mr. Powell.) 
 
 IN HOUSE. 
 
 April 30 — The House Committee on Military 
 Affairs proposed to amend by substituting a 
 bill, making these changes. May 1st was fixed 
 as the date of increased pay ; the bounty to be 
 given to those colored soldiers enlisted under 
 the call of Oct. 17, 1863, is limited to $100 ; 
 and these two sections are substituted for the 
 Senate's last two : 
 
 That in every case where it shall bo made to appear to 
 the satisfaction of the Secretary of War, thatany regiment, 
 or any battery, or any company of cavalry, of colored 
 troops, has been enlisted and mustered into tho service of 
 the United States, under any authorized assurance given 
 by any officer or agent of the United States, or by any 
 Governor of any Stale, authorized thereto by the President 
 or tho Secretary of War, that the non-commissioned offi- 
 cers and privates of such regiment, battery, or company, 
 should be paid the same as other troops of the same arm 
 Of the service, then they shall be so paid for the period of 
 time counting from the date of their being respectively 
 mustered into the service to the 1st day of May, A.D. 1864. 
 
 That there may be reserved at the discretion of the Sec- 
 retary of War, and under such regulation as he may pre- 
 scribe, a portion of the pay of any colored soldier, not 
 exceeding in any case more than one-third thereof, to bo 
 applied to the support of the family of such soldier, or of 
 other near relatives dependent on him for support. 
 
 Mr. IIOLMAN moved to strike from the sec- 
 tion the word *' pay," which was lost — yeas 53, 
 nays 85. 
 
 A division of the question was called; the 
 first amendment of the House was disagreed to ; 
 and that of the Senate — being the first para- 
 graph of bill passed, April 22, above — was 
 agreed to — yeas 80, nays 51, as follows: 
 
 Teas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 John D. Baldwin, Baxter, Beaman, Blaine, John B. Blair, 
 Blow, Boutwell,Boyd, Brandegee, Broomall, Cobb, Cole, Cres- 
 woll, Henry Winter Davis, Dawes, Deming, Dixon, Donnelly, 
 Driggs, Eckley, Eliot, Farnsworth, Fenton, Frank, Garfield, 
 Grinnell, Griswold, Iligby, Hooper, Hotchkiss, Asahel W. 
 Uubbard, John H. Hubbard,Hulburd,Jenckes, Julian, Kel- 
 
 ley, Francis W. Kellogg, Orlando Kellogg, Loan, Longyear, 
 Marvin, McBride, McCIurg, Mclndoe, Samuel F. Miller, 
 Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard 
 Myers, Norton, Odrll, Charles ONeill. Orth, Patterson, 
 Perham, Pomeroy, Price, Alexander H. Rice, John H. Rice, 
 Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, 
 Spalding, Stevens, Thayer, Upson, Ellihu B. Washburne, 
 William B. Washburn, Williams, Wilder, Wilson, Win- 
 dom— 80. 
 
 Nays— Messrs. James C. Alien, Ancona, Brooks, William 
 G. Brown, Chanler, Clay, Cox, Dawson, Dcnisrm, Eden, 
 Eldridrje, Find; Grider, Hall, Harding, Harrington, 
 Charles M. Harris, Herrick, Holman, Kernan, Kinfj,Knapp, 
 Law, Lazmr, he Blond, Long, Marcy, McDowell, McKinmy, 
 William H. Miller, James R. Morris, Morrison, Noble, 
 John O'Neill, Perry, Samuel J. Randall, Robinson, James S. 
 Rollins, Ross, Scott, Smith, John B. Steele, Sliles, Slrouse, 
 Voorhees, Whaley, Wheeler, Chilton A. White, Joseph W. 
 White, Fernando Wood, Teaman — 51. 
 
 The second amendment of the Committee 
 (with regard to bounty) was agreed to, and 
 the Senate amendment, as amended, was agreed 
 to — yeas 79, nays 52. 
 
 The third and fourth House amendments were 
 disagreed to. The following amendment was 
 then adopted as a substitute for the third prop- 
 osition of the Senate : 
 
 That all free persons of color who have been or may bo 
 mustered into the military service of the United States 
 shall from the date of their enlistment receive the same 
 uniform, clothing, arms, equipments, camp equipage, ra- 
 tions, medical and liospital attendance, pay and emoluments, 
 and bounty, as other soldiers of the regular or volunteer 
 forces of the United States of like arm of the service. 
 Yeas 73, nays 55. The Nats were — 
 
 Messrs. James C. Allen, Ancona, Anderson, Augustus C. 
 Baldwin, Jacob B. Blair, Brooks, William G. Brown, Chanler, 
 Clay, Cox, Cravens, Dawson, Eden, Eldridpe, Finck, Ganson, 
 flrider, Griswold, Hall, Harding, Han-ington, Benjamin 
 G. Harris, Charles M. Harris, Herrick, Holman, Philip 
 Johnson, Kernan, King, Knopp, Law, Le Blond, Long, Marry, 
 William H. Miller, James R. Moi-ris, Morrison, Noble, John 
 O'Neill, Perry, Radford, Robinson, James S. Rollins, Ross, 
 Scott, Smith, John B. Steele, Stiles, Strouse, ToorAeco', Wha- 
 ley, Wheeler, Chilton A . White, Joseph W. White, Fernando 
 Wood, Teaman — 55. 
 
 The fourth amendment of the Senate was 
 non-concurred in, being in another bill. 
 
 May 3 — The Senate insisted on its amend- 
 ments, and appointed a Committee of Confer- 
 ence, which. 
 
 May 25 — Reported, and recommended the 
 adoption of this section as a substitute for those 
 adopted by the two Houses: 
 
 That in every case where it shall be made to appear to 
 the satisfaction of the Secretary of War that any regiment 
 of infantry, or any battery, or any company of cavalry, of 
 colored troops has been enlisted and mustered into the ser- 
 vice of the United States, under any authorized assurance 
 given by any officer or agent of the United States, or by 
 any Governor of any State authorized thereto by the Pres- 
 ident or the Secretary of War, the non-conmiissioned offi- 
 cers and privates of such regiment, battery, or company 
 shall be paid the same as other troops of the same arm of 
 the service, then they shall be so paid for the period of time 
 counting fr6m the date of their being respectively mustered 
 into the service to the 1st day of January, IStU: Provided, 
 however. That this section shall not be construed to prevent 
 like payment to other colored troops from the time of their 
 being mustered into the service, if such shall be held by 
 the proper authority to be their right under the law. 
 
 Which was rejected — ^yeas 25, nays 121. The 
 Yeas were: 
 
 lihj, Boyd, William O. Brown, Ambrose W 
 Clark, Thomas T. Davis, Farnsworth, Garfield. Griswold, 
 Hooper, Kasson, McAllister, McBride. Mcliidoe, Morrill, 
 Amos Myers, Perham, Price, Schenck. Shtmnon, Smith, 
 Smithers, Thomas, Tracy, Whaley, Woodbridge — 'Zi. 
 ANOTHER CONFERENCE REPORT. 
 
 June 10 — The second Committer: of Confer- 
 ence on the army appropriiuion bill recom- 
 mended the following section relating to the 
 pay of colored troops, as a substitute : 
 
 That allpersonsof color who were free on the 19th day of 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 279 
 
 April, 1861, and who have been enlisted and mustered into 
 thomilitary service of the United States, shall from the time 
 of their enlistment be entitled to receive thepay, bounty, and 
 clothing allowed to such persons by the laws existing at 
 the time of their enlistment. And the Attorney General of 
 the United States is hereby authorized to determine any 
 question of law arising under this provision. And if the 
 Attorney General aforesaid shall determine that any such 
 enlisted persons are entitled to receive any pay, bounty, or 
 clothing in addition to what they have already received, 
 the Secretary of War shall make all necessary regulations 
 to enable the pay department to make payment in accord- 
 ance with such determination. 
 
 June 11 — It was concurred in, without divis- 
 ion ia the Senate. 
 
 June 13 — The report was adopted in the 
 House — yeas 72, nays 58, as follows: 
 
 Yeas — Messrs. Allison, Ames, Anderson, Arnold, Ashley, 
 Baily, Baxter. Beaman, Blaine, Bbir, Blow, Boyd, Brande- 
 gce, Ambrose W. Clark, Cobb, Cole, Thomas T. Davis, Dixon, 
 Donnelly, Dris;,gs, Kckley, Fenton, Frank, Garfield, Higby, 
 Hooper, Hotchkiss, Asahel W.Uubbard, John II. Hubbard, 
 IngersoU, Jeuckes, Julian, Kelley, Francis W. Kellogg, Lit- 
 tlejohn, Loan, Longyear, Marvin, McClurg, Mclndoe, Sam- 
 uel F. Miller, Moorhead, Morrill, Daniel Morris, Amos 
 Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Pat- 
 terson, Perham, Piko, Pric>->, John H. Rice, Scofield, Shan- 
 non, Smith, Smithers, Spalding, Starr, Stevens, Thayer, 
 Thomas, Tr,acy, Upson, Van Valkenburgh, Webster, Wil- 
 liams, Wilder, Wilson, Windom, Woodbridge — 72. 
 
 Navs— Messrs. James C. Allen, William J. Allen, Alley, 
 Augustus C. Baldwin, John D. Baldwin, Bliss, Boutwell, 
 James S. Brown, (lianlcr, Cox, Cravens, Henry Winter Da- 
 vis. Dawes, Dawson, Jlenison, Eden, Edgerton, Eldridge, 
 Eliot, Find: Ganson, Gooch, Orider, Harding, Harrington, 
 Charles M. Harris, Her.ick, Holman, Hutchins, Kalhflerisch, 
 Kernan. King, Law, Le Blond, Marcy. McDowell, McKin- 
 vcy, Wm. H. Miiler, Jamis K. Morris, Morrison, John 
 O'jSfedl, Fendle.ion, /Jad/ord, Alexander H. Rice, Robinson, 
 James S. Rollins, Ross, John B. Steele, Wm. G. Steele, 
 Stiles, Strnuse, Stuart, Sweat, Wadsworth, Wheeler, CSiiUon 
 A. White, Joseph W. WhUe, Fernando TTood— 58. 
 
 1863, Dec. 14 — Mr. Lovejoy moved that the 
 Committee on INIilitary Affairs be instructed to 
 inquire into the expediency of placing, in 
 any bill or bills they may report on the subject, 
 all regular enlisted soldiers on the same foot- 
 ing as to pay without distinction of color. 
 
 Mr. Cox moved to table the motion; which 
 was disagreed to — yeas G8, nays 87. 
 The resolution was then adopted. 
 
 1864, May 16 — Mr. Rice, of Maine, introduced 
 a bill for the enrollment, organization, and ser- 
 vice of certain persons of African descent in the 
 militia of the several States; which was refer- 
 red to the Committee on the Militia. 
 
 OPINION OF ATTORNEY GENERAL BATES ON P.\YING 
 
 a colored cuaplain. 
 
 Attorney General's Office, 
 
 April 23, 1864. 
 
 Sir: You have done me the honor to refer to me a 
 communication to yourself from his excellency John A. 
 Andrew, Governor of Massachusetts, with accompanying 
 papers, relative to the claim of Rev. Samuel Harrison for 
 pay as chaplain of the 54th regiment of Massachusetts 
 volunteers. 
 
 It appears by Governor Andrew'? letter and the other pa- 
 pers that Mr. Harrison, who is acolored man, was duly elected, 
 and on the 8th day of September, 1863, commissioned by 
 Governor Andrew as a chaplain of the 54th regiment of 
 Massachusetts volunteers in tlieservice of the United States ; 
 that on the 121h of November, 1862, he was mustered and 
 accepted into I lie service of the United States at Morris isl- 
 and, SotUU Cuiilina, by the proper mustering officer, and 
 actually iierroiincd the duties of chaplain of that rogimciit 
 then and i-iuce serving in South Carolina. On demamling 
 his pay as (baplain, he was mot by the following refusal in 
 writiufr. tiuncd liy the paymaster at Hilton Head: 
 
 " Sanuiel llarri.son, chaplain of the 54th regiment Miissa- 
 chusixts voluuteers, (colored troops,) asks pay at the usual 
 rate, JlOO per mouth and two rations, which, ho being of 
 Afrii an descent, I decline paying, under act of Congress 
 passed July 17, 1862, employing persons of African descent 
 
 in military service of the United States. The chaplain de- 
 clines to receive anything less." 
 
 You have requested my opinion whether the paymaster 
 should have paid as demanded, and, if he should, whether 
 it is your duty to order him to do so. 
 
 The 54th regiment of Massachusetts volunteers was or- 
 ganized in 'lie sanii' manner as were other regiments of 
 State v( lu 1- i iiii : 1- the follo^^^ng order of tho War De- 
 parting i.i, ' I I ii;.ry 26, 1863, viz: 
 
 "O;' ' i > rnor Andrew, of Massachusetts, is au- 
 
 thori/j'il, Miiiil i:iMli 1- orders, to raise such number of vol- 
 unteer companies of .artillery for duty in the forts of 
 Mas.sachusetts and elsewhere, and such corps of infantry 
 for the volunteer military service, as he m.ay find conveni- 
 ent, such volunteers' to be enlisted for three years or until 
 sooner disch.arged, and may include persons of African de- 
 scent, organized into separate corps. Ho will make the 
 usual needful requisitions on the appropriate staff bureaus 
 and ofiBcers for the proper transportation, organization, 
 supplies, subsistence, arms, and equipments of such vol- 
 unteers." 
 
 "EDWIN M. STANTON, 
 
 '■^Secretary of War." 
 
 I do not know that any rule of law, constitutional or 
 statutory, even prohibited the acceptance, organization, 
 and muster of " persons of African descent" into the mili- 
 tary service of the United States as enlisted men or volun- 
 teers. But whatever doubt might have existed on tho 
 subject had been fully resolved before this order was issued, 
 by the eleventh section of the act of 17th July, 1862, chap- 
 ter 195, which authorized the President to employ as many 
 persons of African descent as he might deem necessary and 
 proper for the suppression of the rebellion, and for that 
 purpose to organize and use them in such manner as he 
 may judge best for the public welfare, and the twelfth sec- 
 tion of the act of same date, chapter 201, which authorized 
 the President to receive into the service of tho United 
 States for the purpose of constructing entrenchments, or 
 performing camp service, or any other labor, or any mili- 
 tary or naval service for which they might be found com- 
 petent, persons of African descent, such persons to be en- 
 rolled and organized under such regulations, not inconsistent 
 with the Constitution and laws, as the President might 
 prescribe. 
 
 The 54th Massachusetts regiment was therefore organized 
 and mustered into the service of the United States under 
 clear authority of law. 
 
 But the fifteenth section of the act of 17th July, 1862, 
 chapter 201, after directing that all persons who have been 
 or shall be enrolled in the service of tho United States under 
 that act shall receive the pay and rations then allowed by 
 law to soldiers, according to their respective grades, con- 
 tains this proviso: "That persons of African descent who 
 under this law shall be employed shall receive ten dollars 
 per month and one ration, three doUai-s of wliich monthly 
 pay may be in clothing." 
 
 Whether persons of African descent " enrolled in the ser- 
 vice of the United States" as private soldiers are included 
 within the Avords " persons of African descent who under 
 this law shall be employed," thereby limiting their pay ;^ 
 soldiers to ten dollars a month, is not tho question you have 
 submitted to me ; for Mr. Harrison Wixs not a private sol- 
 dier, but an officer, serving under the commission of the 
 Governor of Massachusetts, the authenticity and validity 
 of which were recognized and admitted by the United 
 States when he was mustered into its service. But the 
 question is, can a person of African descent lawfully hold 
 the office and receive the pay .if .h, i.! .n ,,i :i. volunteer 
 regiment in tho service of the I If 1 1 I-: i 
 
 I have already said that I ki I V, . i i \ -ion of Law, 
 constitutional or statutory, wlul] ji; 'Miii .1 the accept- 
 ance of persons of African descent into the military service 
 of the United States ; and if they could be lawfully ac- 
 cepted as private soldiers, so also might they be accepted as 
 commissioned officers, if otherwise qualified therefor. But 
 the express power conferred on tho President by the eleventh 
 section of the act of 17th July, 1862, chapter 195, before 
 cited, to employ this class of persons for the suppression of 
 the rebellion as he may judge best for the public welfare, 
 furnishes all needful sanction of law to the employment of a 
 colored chaplain for a volunteer regiment of his own race. 
 Nor is any prohibition of the employment of such person 
 found in the statutes which declare the qualiiicafious of 
 chaplains. The ninth section of the .act to authorize tho 
 employment of volunteers, -Ac, of 22d July, ISGl, chaijter 
 9, provides that there shall be allowed to each regiment ono 
 chaplain, who shall bo appointed by tlio regimental 
 connnander on tho vote of the field officers and company 
 conunanders on duty with tho regiment at tho time tho 
 appointment shall be made. The chaplain so appointed 
 must bo a regularly ordained minister of a Christiiin de- 
 nomination, &c. The seventh section of the act of 3J 
 August, 1861, chapter 42, for tho better organization of thd 
 
280 
 
 LEGISLATION, OEDERS, PROCLAMATIONS, ETC. 
 
 military establishment, declares that one chaplain shall bo 
 allowed to each regiment of the army, to be selected and 
 appointed as the President may direct, provided that none 
 but regularly ordained ministers of some Cliristian denom- 
 ination shall be eligible to selection or appointment. The 
 eighth section of the act of 17th Julj', 1SG2, chapter 200, 
 declares that the two sections last cited shall bo construed 
 to read as follows : 
 
 "That no piisi.n sh;ill bo appointed a chaplain in the 
 United Statrs ;iniiy wlm is not a regular ordained minister 
 of some n'liyi.Mis dLnniniuutiou, and who does not present 
 tostimoni.ils of his prusont good standing as such minister, 
 with a recommendation for his appointment as an army 
 chaphun from some authorized ecclesiastical body, or not 
 less than five accredited ministers belonging to said religious 
 denomination." 
 
 The closest inspection of these provisions will discover 
 nothing that precludes the appointment of a Christian 
 minister to the office of chaplain because he is a person of 
 African descent. I therefore conclude that Mr. Harrison 
 was the lawfully appointed and qualified chaplain of the 
 54th Massachusetts regiment. 
 
 The ninth section of the act of the 17th July, 1802, 
 chapter 200, pro\-ides that thereafter, the compensation of 
 all chaplains in the regular or volunteer service or army 
 hospitals shall be one hundred dollars per month and two 
 rations a day when on duty. Was Mr. Harrison entitled to 
 this rate of compensation, or was he limited to the pay of 
 ten dollars a month and one ration, fixed by the proviso 
 to the fifteenth section of the act of 17th July, 1862, chap- 
 ter 201 ? 
 
 It will be observed that this proviso declares that ten 
 dollars a montli and one ration shall be received by persons 
 of African descent employed under the law of which it is a 
 part, viz., the act of 17th July, 1862, chapter 201. Now, wo 
 have seen that it is not necessary to resort to that law to 
 find authority for the appointment of Mr. Harrison as chap- 
 lain, for, apart from the authority which might be presumed 
 to exist prior to the enactment of any of these statutes, tlie 
 eleventh section of the act of 17th July, 1S62, chapter 195, 
 sufliciently warranted it. To bring him, then, within the 
 sweep of tliis proviso, and tlius withdraw him from the 
 reach of the ;:ri \Miirli -iMviii- ,i!!y tixc-i lli- pay of the class 
 of officers tn ■ i . ; r I ;>v ],.' \: l.iii-., woultl violate 
 the plainest I 1,1! .i. .' -ii urij, .h, J In ■ act, of which 
 
 the proviso is a i-ui i. w a- lijt iiituiidcd, in uiy opinion, either 
 to authorize tlie eiiiploymeut or fix the pay of any persons 
 of African descent, except those who might be needed to 
 perform the humble offices of labor and service for which 
 they might be found competent. Tlie twelfth section 
 authorizes them to be received into service for the purpose 
 of constructing entrenchments, or performing camp service, 
 or any other labor, or any military or naval service for 
 which they might be found competent. The thirteenth 
 section declares that when any man or boy of African 
 descent, who, by the laws of any State, shall owe service or 
 labor to any person aiding the rebellion, shall render such 
 service as this act provides for, he, his mother, wife and 
 children shall be free thereafter, with certain exceptions. 
 And the fifteenth section fixes their pay as before stated. 
 
 ■While it is true that the words of the twelfth section are 
 broad enough to embrace all persons of African descent 
 who may be received into the military or naval service of 
 the United States, it is yet quite evident from the terms of 
 the whole section, as well as from the promise of freedom 
 held out to such persons who were slaves, in the tliirteeuth 
 Eection, that in limiting their pay to ten dollai-s a month 
 and one ration. Congress had in view the class who were 
 fitted only for the humbler kinds of service referred to, and 
 not peraons who, under the authority of other laws, might 
 be appointed to positions requiring higher qualifications, 
 and entitled to a higher rate of pay. To assume that be- 
 cause Mr. Harrison is a person of African descent he shall 
 draw only the pay which this law establishes for the class 
 it obviously refers to, and be deprived of the pay which 
 another law specifically affixes to the office he lawfully 
 hild, would be, i n my opinion, a distortion of both laws, not 
 only unjust to him, but in plain violation of the piu-pose of 
 Congress. 
 
 I therefore tliink that the paymaster should have paid 
 Mr. Harrison his full pay as chaplain of a volunteer regi- 
 ment. 
 
 Your attention having been specially called to the WTong 
 done in this case, I am also of opinion that your constitu- 
 tional obligation to take care that the laws be faithfully 
 executed makes it your duty to direct the Secretary of War 
 to inform the officers of the pay department of the army 
 that such is your view of the law, and I do not doubt that 
 it will be accepted by them as furnishing the correct rule 
 for their fiction. 
 
 I am, sir, very respectfully, your obedient servant, 
 EDWARD BATES, 
 AUomey General. 
 The President. 
 
 PROTECTION OF COLORED SOLDIERS. 
 
 THE PRESIDENT'S ORDER. 
 
 [General Orders No. 252.] 
 
 War Depariilext, Adjutant General's Office, 
 Washington, July 31, 1S63. 
 
 The following order of the President is pub- 
 lislied for the information and government of 
 all concerned : 
 
 Executive Mansion, 
 Washington, Jubj 30, 1863. 
 
 It is the duty of evei-y Government to give 
 protection to its citizens, of whatever class, 
 color, or condition, and especially to those who 
 are duly organized as soldiers in the public 
 service. The law of nations, and the usages 
 and customs of war, as carried on by civilized 
 powers, permit no distinction as to color in the 
 treatment of prisoners of war as public ene- 
 mies. To sell or enslave any captured person, 
 on account of his color, and for no offence 
 against the laws of war, is a relapse into bar- 
 barism, and a crime against the civilization of 
 the age. 
 
 The Government of the United States will 
 give the same protection to all its soldiers ; and 
 if the enemy shall sell or enslave any one be- 
 cause of his coloi-, the offence shall be pun- 
 ished by retaliation upon the enemy's prisoners 
 in our possession. 
 
 It is therefore ordered that for every soldier 
 of the United States killed in violation of the 
 laws of war, a rebel soldier shall be executed ; 
 and for every one enslaved by the enemy, or 
 sold into slavery, a rebel soldier shall be placed 
 at hard labor on public works, and continued 
 at such labor until the other shall be released 
 and receive the treatment due to a prisoner of 
 war. ABRAHAM LINCOLN. 
 
 By order of Secretary of War. 
 
 E. D. TowNSEND, Assistant Adjutant General. 
 
 PROM THE RULES OF WAR ADOPTED BY THE GOV- 
 
 57. So soon as a man is armed by a sovereign Govern- 
 ment, and takes the soldier's oath of fidelity, he is a bel- 
 ligerent ; his killing, wounding, or other warlike acts are 
 no individual crimes or offences. No belligerent has a right 
 to declare that enemies of a certain class, color, or condi- 
 tion, when properly organized as soldiers, will not be treated 
 by him as public enemies. 
 
 58. The law of nations knows of no distinction of color, 
 and if an enemy of the United States should enslave and 
 sell any captured persons of their army, it would be a case 
 for the severest retaliation, if not redi-essed upon complaint. 
 The United States cannot retaliate by enslavement; there- 
 fore death must be the retaliation for this crime against the 
 law of nations. 
 
 THE president's SPEECH AT THE BALTIMORE FAIE^ 
 
 April 18, 1864. 
 
 Ladies and Gentlemen : Calling it to mind that we are 
 in Baltimore, we cannot fail to note that the world moves. 
 [Applause.] Looking upon the many people I see assem- 
 bled here to serve as tliey best may the soldiers of the 
 Union, it occurs to me that three years ago those soldiers 
 could not pass through Baltimore. I would say.biessinga 
 upon the men who have wrought these changes, and the 
 ladies who have assisted them. [Applause.] This change 
 which has taken place in Baltimore is part only of a far 
 wider change that is taking place all over the country. 
 
 Wlieu the war commeuced three years ago, no one ex- 
 pected that it would last this long, aiul no one supposed 
 that the institution of slavery would be materially afl'tcted 
 by It. But here we are. [Applause.] The war is not yet 
 ended, and slavery has been very materially affected or 
 interfered with. [Loud applause.] So true is it that man 
 proposes and God disposes. 
 
 The world is in want of a good definition of the word 
 liberty. We all declare ourselves to be lor liberty, but wo 
 do not all mean the same thiug. Some mean that a man 
 
LEGISLATIO.V, ORDERS, RROCLAMATIONS, ETC. 
 
 281 
 
 can do as he pleases with himself and his property. [A|i- 
 plaiiso. ] With others it means that some men can do as 
 they please with other men and other men's labor. Each 
 of these things are called liberty, although they are entire- 
 ly different. To give an illustration : A shepherd drives 
 the wolf from the throat of his sheep when attacked by 
 him, and the sheep of course thanks the shepherd for the 
 pri-Servation of his life; but the wolf denounces him as de- 
 spoiling the sheep of his liberty, especially if it be a black 
 sheep. [Applause.] 
 
 This same difference of opinion prevails among some of 
 the people of the North. But the people of Maryland have 
 recently been doing something to properly define the 
 meaning of the word, and I thank them from the bottom 
 of mv heart for what they have done and are doing. [Ap- 
 plause.] 
 
 It is not very becoming for a President to make a speech 
 at great length, but there is a painful rumor afloat in the 
 country in reference to which a few words shall be said. It 
 is reported that there has been a wanton mtissacre of some 
 hundreds of colored soldiers at Fort Pillow, Tennessee, 
 during a recent engagement there, and he thought it tit to 
 explain some facts in relation to the affair. It is said by 
 some persons that the Government is not in this matter do- 
 ing its duty. At the commencement of the war it was 
 doubtful whether black men would be used as soldiers or 
 not. The matter was examined into very carefully, and 
 after mature deliberation, the whole matter resting as it 
 were with himself, he in his judgment decided that they 
 should. [Applause.] lie was responsible for the act to the 
 American people, to a Christian nation, to the future his- 
 torian, and, above all, to his God, to whom he would have 
 one day to render an account of his stewardship. [Ap- 
 plause.] He would now say that in his opinion the black 
 soldier should have the same protection as the white soldier, 
 and he would have it. [Applause.] It was an error to say 
 that the Government was not acting in the matter. The 
 Governraont ha,s no direct evidence to confirm the reports 
 in existence relative to this massacre, but he himself be- 
 lieved the facts in relation to it to be as stated. When the 
 Government does know the facts from official som'ces, and 
 they prove to substantiate the reports, retrilnition will be 
 surely given. [Applause.] What is reported, he thought, 
 would make a clear case. If it is not true, then all such 
 stories are to be considered as false. If proved true, when 
 the matter is thoroughly examined, what shape is to be 
 given to the retribution? Can we take the man who was 
 c iptured at Vicksburg and shoot him for the victim of this 
 massacre ? If it should happen that it was the act of only 
 one man, what course is to be pursued then ? It was a mat- 
 tor requiring careful examination and deliberation, and if 
 it should be substantiated by sufficient evidence all might 
 rest assiued that retribution would be had. [Applause.] 
 
 Confederate Use of Colored Persons. 
 
 1861. 
 
 A dispatch from Charleston, dated January 
 1, 18G1, t'rora R. R. Riordan to Hon. Perry 
 Walker, at Mobile, describes the preparations 
 for war, and contains this closing paragraph : 
 
 Large gangs of Jiegroes from plantations are at work on 
 the redoubts, which are substantially made of sand-bags 
 and coated with sheet-iron. 
 
 A Washing'on dispatch to the Evening Post 
 says: 
 
 A gentleman from Charleston says that everything there 
 betokens acti^•e preparations for light. The thousand ne- 
 groes busy in building batteries, so far from inclining to 
 insurrection, were grinmng from ear to ear at the prospect 
 of shooting the Yankees. 
 
 The Charleston Mercury of January 3, 1861, 
 announced : 
 
 We learn that one hundred and fifty able-bodied free col- 
 ored men, of Charleston, yesterday offered their services 
 gratuitously to the Governor to hasten forward the import- 
 ant work of thi-owing up redoubts wherever needed along 
 our coast. 
 
 In April, the Lynchburg (Va.) Republican 
 announced: 
 
 We learn that about seventy of the most respectable free 
 negroes in this city have enrolled themselves and design 
 tendi-ring their services to the Governor, to act in whatever 
 Ci.paeity may be assigned them in defence of the State. 
 Three cheers for the patriotic free negroes of Lynchburg. 
 
 A letter in the Petersburg (Va.) Express, 
 dated at Norfolk on the 23d April, says : 
 
 The negroes in all this section of the country, slave and 
 
 free, are as loyal as could be desired. They freely proffer 
 their services to the State, and zealously contend for the 
 privilege of being allowed to work on the batteries. Yes- 
 terday Gen. Gwynn declined the services of three hundred 
 from Hampton who solicited employment on the batteries, 
 and twice and thrice that number could be obtivincd iu this 
 city and vicinity in a single day, if it was thought advisable 
 to accept them. Indeed, the entire fortifications of this 
 harbor might bo constructed by the voluntary labor of ne- 
 groes, who would claim no higher reward than the privi- 
 lege of being allowed to contribute then- share toward the 
 defence of the State, and the protection of their masters and 
 mistresses, who had always extended a sheltering handover 
 them. 
 
 In June, the rebel Legislature of Tennessee 
 passed this enlistment bill, which became a 
 law : 
 
 Sec. 1. Be it enacted by the General A^sembhi of the State 
 of Tennessee, That from and after the passage of this act the 
 Governor shall be, and he is hereby, authorized, at his dis- 
 cretion, to receive into the militai-y service of the State all 
 male free persons of color between the ages of fifteen and 
 fifty, or such numbers as may be necessary, who may be 
 sound in mind and body, and capable of actual service. 
 
 2. That such free persons of color shall i-eceive, each, eight 
 dollars per month, as pay, and such persons shall be enti- 
 tled to draw, each, one ration per day, and shall be entitled 
 to a yearly allowance each for clotliing. 
 
 3. That, in order to carry out the provisions of tliis act, it 
 shall be the duty of the sheriffs of the several counties in 
 this State to collect accurate information as to the number 
 and condition, with the names of free persons of color, sub- 
 ject to the provisions of this act, and shall, as it is practicar 
 ble, report the same in writing to the Governor. 
 
 4. Tliat a failure or refusal of the sheriffs, or any one or 
 more of them, to perform the duties required, shall bo 
 deemed an offence, and on conviction thereof shall be pun- 
 ished as a misdemeanor. 
 
 5. That in the event a sufficient number of free persons 
 of color to meet the wants of the State shall not tender 
 their services, the Governor is empowered, through the 
 sheriffs of the different counties, to press such pei"30ns until 
 the requisite number is obtained. 
 
 6. That when any mess of volunteers shall keep a servant 
 to wait on the members of the mess, each servant shall be 
 allowed one ration. 
 
 This act to take effect from and after its passage. 
 
 W. C. WIIITTHOllNE, 
 Speaker of the House of Representatives. 
 
 B. L. STOVALL, 
 Passed June 28, 1861. Sjpeaker of the Senate. 
 
 HOW SLAVES ARE EMPLOYED BY THE " CONFED- 
 ERATES." 
 
 The following paragraph appears in the Mem- 
 phis (Tennessee) Avalanche of the 3d of Septem- 
 ber : 
 
 A procession of several hundred stout negro men, mem- 
 bers of the " domestic institution," marched through our 
 streets yesterday in military order, under command of Con- 
 federate officers. They were all armed and equipped with 
 shovels, axes, blankets, &c. A merrier set were never seen. 
 They were brimfuU of patriotism, shouting for Jeff. Davis 
 and singing war songs. 
 
 The Avalanche of the "Zth September said- 
 
 Upwards of one thousand negroes, armed with spades and 
 pickaxes, have passed through the city within tlie past few 
 days. Their destination is unknown, but it is supposed that 
 they are on their way to the 'other side of Jordan." 
 
 New Oele.\ns, November 20. 
 
 Over twenty-eight thous.and troops were reviewed to-day 
 
 by Governor Moore, Major General Lovell, and Brigadier 
 
 General Rutrgles. The line was over f even mil|es long. One 
 
 regiment comprised 1,4UU free colored men. 
 
 1862. 
 
 THE ENROLLMENT OP FREE NEGROES IN REBELDOM. 
 
 In the Virginia House of Delegates, on the 
 4th of February, on the subject of enrolling free 
 negroes for the rebel army, the following debate 
 took place. We copy the oflicial report of the 
 proceedings from the Richmond Examiner : 
 
 The bill amending the convention act for the enrollment 
 of free negroes was, on motion of Blr. Prince, taken up. 
 Among the amendments in this bill Mr. Prince called at- 
 tention to the one allowing ten cents for each negro so en- 
 rolled to the sheriff or officer so cnrolUng them, lie pro- 
 
282 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 posed to strike ont this amendment and insert in lieu of 
 the propo-^cd compensaticin that if the said oiBccrs fail to 
 comply with the reciuisitious of this law, they be sulijected 
 to a penalty of not less than fifty nor more than one hun- 
 dred dollars. As these officers were exempt from military 
 duty, ho said, it was about as little as they could do to per- 
 form the service of enrolling the free negroes of their 
 respective counties as a part of their official duties. Uis 
 amendment was adopted. 
 
 Mr. Rives proposed that the amendment in the bill 
 respecting the term of the enlistment of negroes be amended 
 to malio the term ninety days, instead of a hundred and 
 eighty. His reason for this was the fact that the families 
 of many of the free negroes so enlisted, having no other 
 means of support, would, as had been the case in his own 
 county, siifTiT very much from want. 
 
 Mr.'Pr.i.'.CE agreed to compromise with the gentleman on 
 ouo hundred and twenty days. 
 
 Mr. AxiicnsoN-, of Botetourt, hoped that the amendment 
 would not pass. One hundred aud eighty days were only 
 six months ; and if white men could be di-alted for two 
 years, he saw no reason why free negroes should be entitled 
 to such charitable discrimination. 
 
 Mr. KiVi;s replied that he made the proposition from no 
 particular friendship to free negroes; if it were in his 
 jioiuer, he would convert them all into slaves to-morrow. But 
 it was simply to call the attention of the House to the fact 
 that, in his own county, many severe cases of suffering had 
 occurred among the families of free negroes from this cause, 
 and he thought that possibly some alleviation might be 
 brought about by the aiucndmeut proposed. 
 
 The ameuclmeiit was rejected, and the bill 
 was then ordered to its engrossment. 
 
 In the debate in the Rebel Congress, March 
 10, Mr. FooTE of Tennessee, alluding to the fall 
 of Nashville, said : 
 
 Gen. Johnston had called for 1,000 or 1,500 slaves to work 
 on the I'ortiiications, and that the call liad been fully 
 answered, when Nash\'illo was surrendered. 
 
 DRAFT or NEGROES FOR MILITARY SERVICE. 
 
 [From the nichmond Examiner, October IS, 1862.] 
 We notice that in Texas, and in some portions of the Mis- 
 sissippi valley, the proposition is urged to make a conscrip- 
 tion or forced levy of slaves, where their labor is necessary 
 for the army. Since the invasion of the South the Yankees 
 have stolen tens of thousands of negroes, and made them 
 useful as teamsters, laborers in camp, &c. It appears that 
 slaveholders are averse, for some reasons, to hire their ne- 
 groes in the Confederate army. The prejudice is certainly 
 an ignorant and mean one. As the war originated and is 
 carried on in great part for the defence of the slaveholder 
 in his property, rights, and the perpetuation of the institu- 
 tion, it is reasonable to suppose that he ought to be first 
 and foremost in aiding and assisting, by every means in his 
 power, the triumph and success of our arms. Good wages 
 are oftered, and proper care and attention will be given 
 every nogro hired to the aimy, and the slaveholder ought 
 to remember that for every negro he thus furnishes he puts 
 a soldier iu the ranks. 
 
 November 2 — Governor Joseph E. Brown, of 
 Georgia, issued a call announcing that if a 
 sufficient supply of negroes be not tendered 
 within ten days, General Mercer will, in pur- 
 suance of authority given him, proceed to im- 
 press, and asking of every planter of Georgia 
 a tender of one lifth of his negroes to complete 
 the fortifications around Savannah. This one 
 fifth is estimated at 15,000. 
 
 1863. 
 
 This paragraph was published in the Hew 
 York Times, July 15, 18U2 : 
 
 Tlio Adjiitaiit General of the Confederate States publishes 
 a general order from the Rebel War Department, directing 
 recruiting officers, duly accredited, to draft every while 
 or mulatto male found throughout the South who is able to 
 bear arms, and who Is between the ages of twenty and 
 fllty-IJTO years, whether such persons may have obtained 
 eubstitutes lor themselves or not ; and willful evasion of 
 thiS order is to bo severely punished. 
 
 The Governor of South Carolina in July, is- 
 sued a proclamation for 3,000 negroes to work 
 on the fortifications, " the need for them being 
 pressing." 
 
 OEOEGIA, ALABAMA, AND MISSISSIPPI SENTIMENT. 
 [From the Savannah, (Ga.) News, Sept 2.] 
 
 EilPLOYSTENT OF NEGROES IN THE REBEL ARMY. 
 
 A joint committee of the Alabama Legislature, just ad- 
 journed, reported a rcsoliuion in favor of the proposition 
 to employ slaves iu the inilitary service of the Confederate 
 States, which proposition, we see, is favored by many of 
 the presses of Mississippi and Alabama. After discussion 
 in the Alabama House, the resolution was adopted by a vote 
 of sixty-eight yeas to twelve nays, after striking out the 
 words "mditury" beibro service, and ''solliors" at the 
 end of the resolution. The resolution was amended and 
 read as follows : 
 
 That it is the duty of Congress to provide by law for the 
 employment in the service of the Confederate States of 
 America, ia such situations and iu such numbers as may 
 be found absolutely necessary, the able-bodied slaves of 
 the country, whether as pioneers, sappers and miners, 
 cooks, uursos aud teamsters. 
 
 In this form we can see no objection to the resolution. 
 
 THE CHANGING SENTIMENT OP CONGRESS. 
 
 In the Rebel House of Representatives, De- 
 cember 29th, Mr. Dargan, of Alabama, intro- 
 duced a bill to receive into the military service 
 all that portion of population in Alabama, Mis- 
 sissippi, Louisiana, and Florida, known as 
 " Creoles." 
 
 Mr. Dargan supported the hill in some remarks. lie said 
 the Creoles were a mixed-blooded race. Under the treaty 
 of Paris iu lSO-3, and the treaty of Spain in ISIO, they were 
 recognized as freemen. Many of them owned large estates, 
 and were intelligent men. They were as mui,h devoted to 
 our cause as any class of men in the South, and were even 
 anxious to go into service. They had applied to him to be 
 received into service, and he had applied to Mr. Randolph, 
 then Secretary of War. Mr. Randolph decided a'-rainst the 
 application, on the ground that it might furnish to the 
 enemy a pretext of ai-ming our slaves against us. Some 
 time after this he was again applied to by them, and he 
 went to the present Secretary of War, Mr. Seddon, aud laid 
 the matter before him. Mr. Seddon refused to entertain the 
 proposition, on the ground that it did not come up before 
 him through the military authorities. To obviate this ob- 
 jection. Gen. Maiu-y, at Mobile, soon afterwards represented 
 their wishes to the War Department. Mr. Seddon refused 
 the offer of their services, on the ground that it would be 
 incompatible with the position we occupied before the 
 world; that it could not be done. 
 
 Sir. Dargan said he chffered with the Secretary of War. 
 He cared not for " tho world." He cared no more for their 
 opinions than they did for ours. Ho was anxious to bring 
 into service every free man, be he who he may, willing to 
 strike for our cause. He saw no objection to employing 
 Creoles; they would form a potent element in our army. 
 In his district alone a brigade of them could be raised. 
 The crisis had been brought upon us by the enemy, and he 
 believed the time would yet come when the (juestion would 
 not be the Union or no Union, but whether Southern men 
 should be permitted to live at all. In resisting subjuga- 
 tion by such a barbarous foe he \vas for employing all our 
 aviiilajjle force. He would go further and say that he was 
 for anning and putting the slaves into the. miliiary service. 
 He was in favor even of employing them as a viilitary arm 
 in the defence of the country. 
 
 1864. 
 [From the Charleston Courier of January 27.] 
 NEGRO LABOR UPON FORTIFICATIONS. 
 
 The Mayor of Charleston, Charles Macbeth, summons all 
 slaveholders witliin the city to furnish to the military au- 
 thorities forthwith, one-fourth of all their male slaves be- 
 tween the ages of fifteen and fifty, to labor upon tho fortifi- 
 cations. The penalty announced, in case of failure to com- 
 ply with this requisition is a fine of $2J0 for every slave 
 not forthcoming. Compensation is allowed at the rate ot 
 $400 a year. 
 
 All free male persons of color between the ages of fifteen 
 and fifty are required to give themselves up for the same 
 ))urp se. Those not complying will be imprisouod, and set 
 to work upon the fortifications along the coast. To free 
 negroes no other compensation than rations is allowed. 
 NEGROES IN THE ARMY. 
 
 The Richmond press publish the official copy 
 of '' An act to increase the efficiency of the army 
 by the employment of free negroes and slaves 
 iu certain capacities," passed Feb. 17, by the 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 '283 
 
 Rebel Congress. The negroes are to perform 
 " such duties as the Secretary of War or Com- 
 mandiug General may prescribe." The first sec- 
 tion is as follows : 
 
 The Congress of the Covfederate States of America do en- 
 act, That all male free negroes, and other free persons of 
 color, not including those who are free under the treaty of 
 Paris, of 1 SC3, or under the treaty of Spain , of 1S19, resident 
 in the Confederate States, between the ages of eighteen and 
 fifty years, shall be held liable to perform such duties with 
 the army, or in connection with the military defences of 
 the coiuitry, in the way of work upon the fortifications, or 
 in government works for the production or preparation of 
 materials of war, or in military hospitals, as the Secretary 
 of War or the Commanding General of the Trans-Mississippi 
 Department may, from time to time, prescribe; and while 
 engaged in the performances of sich duties shall receive 
 rations and clothing and compensation at the rate of eleven 
 dollars a month, under such rules and regulations as the 
 said Secretary may establish : Provided, That the Secretary 
 of AVar or the Commanding General of the Trans-Mississippi 
 Department, with the approval of the President, may ex- 
 empt from the operations of this act such free negroes as 
 tho interests of the country may require should be exempt- 
 ed, or such as he may think proper to exempt on the ground 
 of justice, equity or necessity. 
 
 The third section provides that when the Secretary of 
 War shall be unable to procure the services of slaves in any 
 military department, then he is authorized to impress the 
 services of as many male slaves, not to exceed twenty thou- 
 simd, as may be required, from time to time, to discharge 
 the duties indicated in the first section of the act. 
 
 The owner of the slave is to be paid for his services; or, if 
 he be killed or " escape to the enemy," the owner shall re- 
 ceive his full value. 
 
 Governor Smith, of Virginia, has made a call for five 
 thousand male slaves to work on the batteries, to be drawn 
 from fifty counties. The call for this force ha.s been made 
 by the President under a resolution of Congress. 
 
 General Magruder's proclamation to Texans, 
 March 4, thus closes : 
 
 The slaveholding gentlemen of each county are respect- 
 fully requested to meet together at their respective county 
 seats, or some convenient point, and appoint one or more of 
 their number to accompany their negroes to Houston, and 
 see tliat they are made comfortable. One-fourth of all the 
 male liuiuls ia'twoen the ages of seventeen and fifty years in 
 each cuunty, without regard at this time to the numbers 
 whicli have been previously furnished, will accomplish the 
 purpose of fortifying Houston within a short time ; and 
 planters and all others are assured that the necessity of this 
 course is manifest to the Major General commanding, and 
 could be made so to them, but that his plans would thus be 
 made known to the enemy. 
 
 By command of Maj. Gen. J. Bankhead IMagruder : 
 
 EDMUND P. TURNER, A. A. Gen. 
 
 Houston, ^farcJ^ 4, lS6i. 
 " confederate" legislation upon negro pri- 
 soners AND THEIR WHITE OFFICERS WHEN 
 CAPTURED.* 
 
 1863, May 1 — An act was approved declaring 
 that the commissioned ofiBcers of the enemy 
 ought not to be delivered to the authorities of 
 the respective States, (as suggested in Davis's 
 message ;) but all captives taken by the Con- 
 federate forces onght to be dealt with and dis- 
 posed of by the Confederate Government. 
 
 President Lincoln's emancipation proclama- 
 tions of September 22, 18G2, and January 1, 
 18G,^, were resolved to be inconsistent with the 
 usagfs of war among civilized nations, and 
 should be repressed by retaliation ; and the 
 
 * December 23, 1SG2 — Jcffei-son Davis issued a proclama- 
 tion of outlawry against Major General B. F. Butler, the 
 last two clauses of which are: 
 
 Third. That all negro slaves captured in arms bo at once 
 delivered over to the executive authorities of the respective 
 States to whicli they belong, to be dealt with according to 
 the laws of said States. 
 
 Fourth. That the like orders be executed in all cases with 
 respect to all commissioned olfic rs of the United States 
 when found serving in company with said slaves in insur- 
 rection against the authorities of the different States of this 
 Confederacy. 
 
 President is authorized to cause full and com- 
 plete retaliation for every such violation, in 
 such manner and to such extent as he may think 
 proper. 
 
 Every white commissioned officer command- 
 ing negroes or mulattoes in arms against the 
 Confederate States shall be deemed as inciting 
 servile insurrection, and shall, if captured, be 
 put to death, or be otherwise punished, at the 
 discretion of the court. 
 
 Every person charged with an offence made 
 punishable under the act shall be tried by the 
 militai'y court of the army or corps of troops 
 capturing him ; and, after conviction, the Presi- 
 dent maij commute the punishment in such manner 
 and on such terms as he may deem proper. 
 
 All negroes and mulattoes who shall be en- 
 gaged in war or taken in arms against the Con- 
 federate States, or shall give aid or comfort to 
 the enemies of the Confederate States, shall, 
 when captured in the Confederate States, be 
 delivered to the authorities of the State or States 
 in which they shall be captured, to be dealt 
 with according to the present or future laws of 
 such State or States. (See Appendix.) 
 
 PROPOSED PROHIBITION OF PAYMENT TO COLORED 
 SOLDIERS. 
 
 First Session, Thirty-Seventh Congress. 
 
 IN HOUSE. 
 Pending the army appropriation bill in the 
 House, 
 
 1861, July 11 — Mr. Vallandigham offered 
 this proviso to come in at the end of the bill : 
 
 Provided, That no part of the money hereby appropri- 
 ated shall be employed in subjugating, or holding as a con- 
 quered province, any sovereign State now or lately one of 
 the United States; nor in abolishing or interfering with 
 African slavery in any of the States. 
 
 Which was rejected, without a call of the 
 yeas and nays. 
 
 Second Session, Thirty-Seventh Congress. 
 IN SENATE. 
 
 1862, June 2 — Mr. Sadlsbuet offered this 
 additional section: 
 
 That no part of the money arising from the taxes, im- 
 posts, and excises in this bill provided for, shall be applied 
 to or expended for the support or maintenance of fugitive 
 slaves or free negi-oes. 
 
 Which was rejected — yeas 5, nays 34, as fol- 
 lows : 
 
 Yeas— Messrs. Davis, Nesmith, Powell, SauUbury, Stark 
 —5. 
 
 Nats — Messrs. Anthony, Browning, Chandler, Clark, 
 Cowan, Dixon, Doolittle, l-'essenden, I'oot, Foster, Grimes, 
 Hale, Harlan. Harris, Howard, Howe, King, Lane of Indi- 
 ana, Lane Of Ivansas, Latham, McDougall, Morrill, Pomeroy, 
 Sherman, Simmons, Sumner, 2'homsrm, Trumbull, Wade, 
 Wilkinson, Willey, Wilmot, AVilson of Massachusetts, Wrigld 
 —34. 
 
 June 6 — Pending the internal revenue bill, 
 Mr. Davis offered this as a new section : 
 That no money raised under this act shall over be applied 
 to pay or subsist any armed negroes in the service ot the 
 United States for any period of time after it goes into opera- 
 tion and efiect. 
 
 Which was rejected without a division. 
 
 Third Session. Thirty-Seventh Congress. 
 
 IN SENATE. 
 Pending the army appropriation bill, 
 
284 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 1863, Jan. 28 — Mr. D.wis moved to add this 
 proviso to the bill : 
 
 Provided, That no part of the sums appropriated by this 
 act shall be disoiirsod for (he pay, subsistoncL' , or any other 
 supplies of any negro, free or slave, iu the armed military 
 service >( the United States. 
 
 Which was rejected — yeas 8, nays 28, as fol- 
 lows : 
 
 Yeas— Afessrs. CarlUe, Davis, Kennedy, Latham, Nt:smith, 
 PnwU, Tunti--, Wall—S. 
 
 X,\vs— M. ssrs. Aiitlioiiy, Browning, Chandler, Clark, Col- 
 lani' r, Cowan, Di.xon, Doolitlle, Fesseudeii, Fnot, Foster, 
 (irimcs, Halo, Harlan, Harris, Howe, King, Lane of Indi- 
 ana, Lane of Kansas, Morrill, Pomeroy, Sherman, Sumner, 
 Ton Eyck, Trnrabull, Wilkinson, Willey, Wdson of Mas- 
 eachusetts— 28. 
 
 First Session, Thirty-Eighth Congress. 
 IN HOUSE. 
 
 1863, December 21 — Pending the deficiency 
 bill, Mr. Harding oiTered an amendment : 
 
 J^rovided, That no part of the moneys aforesaid shall be 
 applied to tho raising, arming, equipping, or paying of ne- 
 gro soldiers. 
 
 Which was disagreed to — yeas 41, nays 105. 
 The Yeas were : 
 
 Messrs. Ancona, SUas, James S. Brown, Coffroth, Cox, Daw- 
 son, Dmison, £dcii, Edgerton, Eklridi/e, Finck, Grider, JTall, 
 Ilardinfi, Harrington, Benjamin G.Harris, Charles M. Har- 
 ris, Philip Johnson, Williinn Johnson, King, Knapp, Law, 
 Long, Maraj, McKinney, William H. Miller, James It. Mor- 
 ris, Morrison, JSobU, John O'Neill, Pendleton, Samuel J. 
 KandaU, Kogers, Ross, Scott, Stiks, Strouse, Stuart, Chilton 
 A. White, Joseph W. White, Feaman^-il. 
 
 1SG4, March 21 — Pending the army appro- 
 priation bill — On concurring in the amendment 
 made in Committee of the Whole, viz., to add 
 to the end of the bill the words : 
 
 Provided, That no part of the money herein appropriated 
 shall be applied or used for tho purpose of raising, arming, 
 equipping, or paying uegro soldiers. 
 
 The yeas were 18, nays 81. The Yeas 
 were : 
 
 Messrs. Ancnna, Dawson, Dmison, Eldridge, Harding, 
 Harrington, Benjamin G. Harris, Long, Ma'Uoi-y, Marcy, 
 Wm. H. Miliar, Morrison, Samuel J. Pandall, James S. Rol- 
 lins, Ross, SlUcs, Stuart, Wadsworth — 18. 
 
 Of the Democrats, Messrs. Bail?/, Augustus 
 C. Baldwin, Kcrnan, Odcll, Radford, Slebbins, 
 Wheeler, and Wiiifield voted nay. 
 
 Homesteads For Soldiers. 
 
 First Session, Thirty-Eighth Congress. 
 
 IN HOUSE. 
 
 1863, December 17— Mr. Wilson offered the 
 following ; which was agreed to : 
 
 Resolved, That the Committee on Public Lands be in- 
 structed to iiKjuire what legislation is necessary to enable 
 persons in the military and naval service of the United 
 t^taies to avail themselves, while engaged in said service, of 
 the benefits of tho homestead act, and to report by bill or 
 otherwise. 
 
 1864, May 11— The House considered the 
 bill to secure to persons in the military or naval 
 set vice of the United States, homesteads from 
 confiscated estates in insurrectionary districts ; 
 and 
 
 May 12— Passed it — yeas 76, nay« 65, as fol- 
 lows : 
 
 YE.4S— Messrs. Alley, Allison, Ames, Anderson, Ashley, 
 John D. Ualdwin, Baxl'T, Beaman, Boiilwell, Boyd, Bran- 
 digee, Broomall, Ambrose W. Clark, Freeman Clarke, Cole, 
 Crcswell, Henry Winter Davis, Dawes, Dcming, lir^iis, 
 Farnswortli, Fenlon, GarOeld, (iooch, (Irinnell, Halo, 
 Higby, Hooper, Hotchkiss, Asahel W. Hubbard, John H. 
 Uubbard, Uulburd, Jenckes, Julian, Kelicy, Francis W. 
 
 Kellogg, Orlando Kellogg, Littlejohn, Loan, Longyear, 
 McBrulo, McClurg, Mclndoe, Samuel F. Miller, Moorhcud, 
 Morrill, Daniel Morris, Amos Myers, Leonard Myers, Nor- 
 ton, Charles O'Neill, Orth, Patterson, Perhani, Pike, Pome- 
 roy. Price, Alexander H. Kice, John H. Rice, Edward H. 
 Rollins, Schenck, Scofiold, Shannon, Sloan, Smithers, 
 Spalding, Stevens, Tracy, Upson, Van Valkcnbnrgh. EUihu 
 
 B. Washburne, William B. Washburn, Wilder, Wilson, 
 Windom, Woodbridge — 70. 
 
 Nays— Messrs. William J. Allen, ArKona, Baily, Augustm 
 
 C. Baldivin, Jacob B. B\a.\r, Bliss, Brooks,James S. Brown, 
 W.G. Brown, Chanter, Coffroth, Cox, Cravens, Dawson, Eden, 
 Edgerton, Eldridge, English, Finck, Grider, Griswold, Hall, 
 Harding, Harrington, Benjamin G. Harris, Herrick, Hutch- 
 ins, Philip Johnson, William Johnson, Kalbfleixch, Kernan, 
 King, Law, Lazear, Long, Mallory, Marcy, McAllister, Mc- 
 Dowell, McKinney, Middleton, William H. Miller, Janus R. 
 MorTris, Morrison, Nelson, Noble, Odell, John O'Neill, Pen- 
 dleton, Pi-uyn, Robinson, James S. Rollins, Ross, Scott, John 
 B.Sleele,Sl^iles, Strouse, Stuart, Thonrds, Vor.rliees, Wads- 
 worth, Whaley, Wheeler, Fernando Wood, Ycaman — 65. 
 
 The bill provides that all persons who have 
 served, or may honorably serve in the army or 
 navy of the United States for two years during 
 the present rebellion, or have been or shall be 
 discharged by reason of wounds or disease, 
 shall be entitled to enter eighty acres, or less ; 
 and all who have rendered or shall render hon- 
 orable service as soldiers or sailors in the army 
 or navy, or as laborers therein, shall be enti- 
 tled to forty acres, of all lands condemned un- 
 der the confiscation act of July 17, 18G2, and 
 its amendments, and of all lands sold under 
 the internal revenue law, and the direct tax 
 law for insurrectionary districts. No distinc- 
 tion of color or race shall be made. In case of 
 the death of the person entering lands, the re- 
 quired proof and payments may be made by 
 his legal representatives. 
 
 This bill was not taken up in the Senate. 
 
 PREVIOUS ACTION ON THE SUBJECT. 
 
 1864, March 18 — The House considered Sen- 
 ate bill amendatory of the homestead law and 
 for other purposes, when 
 
 Mr. HoLMAN offered the following amendment: 
 
 Provided, however. That no non-commissioned officer or 
 private soldier or seaman who shall be at the time of such 
 entry in the military or naval service of the United States, 
 or who shall have been in such service for a period not less 
 th.au three months and honorably discharged therefrom, 
 shall be required to pay the ten dollars fee or the commis- 
 sions mentioned in this act and the act to which this is an 
 amendment : And provided further. That any such non- 
 commissioned officer, private soldier, or seaman, being a cit- 
 izen of the United States, or having declared his intention 
 to become a citizen thereof in conformity with law, and 
 having served in the military or naval service of the United 
 States for a period of not less than two years and been hon- 
 orably discharged, having made an entry of land in con- 
 formity with this act and the act to which this is amend.v 
 tory, shall be entitled to the patent therefor at any time 
 after having resided on and cultivated such land for a pe- 
 riod of one year, and the widow, if unmarried, or if no 
 widow, the children of such non-commissioned officer, pri- 
 vate soldier, or seaman, shall be entitled to such patent on 
 like condition. 
 
 Which was disagreed to — yeas 54, nays 58, 
 as follows : 
 
 Ye.\s — Messrs. James C. Allen, Ancona, Anderson, Augus- 
 tus C. Baldwin, Jacob B. Blair, Bliss. James S. Brown, Chaii- 
 ler. Clay, Coffroth, Crcswell, Daivson, Denison, Dumont, 
 Eldridge, Hall, Harding, Harrington, Charles M. Harris, 
 Herrick, Holman, Kalhjleisch, Kernan, Law, Long, Mallory, 
 Marcy, Middleton, Daniel IMorris, Morrison, Amos Myers. 
 Noble, Odell, John O'Neill, Orth, Pendleton, Perry, Pruyn, 
 Radford, Samuel J. Randall, James S. Rollins, Ross,Siiiith. 
 Slebbins, John B. Steele, Stiles, Strouse, Stuart, Wadsworth, 
 JFarrf, Webster, Whaley, Wheder, yeoman — .J4. 
 
 N.ivs— Messrs. Alley, Allison, Ame.s, Ashley, John D. 
 Baldwin, Ba.xter, Beaman, Boutwell, lirandegee, Broomall, 
 Ambrose W. Clai-k, Cobb, Cole, Henry Winter Davis, Thomaa 
 T. Davis, Dawes, Deming, Donnelly, Driggs, Eckley, Eliot, 
 Fenton, Frank, Uooch, Higby, Uotchkiss, John H. Uubbai'd, 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 285 
 
 Julian, Kasson, Kelley, Francis W. Kellogg, Loan, Long- 
 year, Marvin, McBride, McClurg, Samuel V. Miller, Moor- 
 head, Leon;ud Jlyers, Norton, Perham, Pilte, Price, Alexan- 
 der H. Rice, Jolin II. Rico, Schenck, Scofield, Shannuu, 
 Smithers, Spalding, Starr, Stevens, Tljayer, Upson, Elliliu 
 B. Washburne, Wilder, Wilson, Windoni — 58. 
 The bill then passed. 
 
 Unemployed Generals, 
 
 1863, December 13 — Mr. Farnsworth ofiFered 
 this resolution, which was agreed to : 
 
 Resolved, That the Secretary of War be directed to inform 
 this House of the names, number, pay, and emoluments of 
 major generals and brigadier generals of volunteers, and of 
 the regular army, and their staffs respectively, not on duty, 
 and the length of timewhich has elapsed since each of them 
 has been relieved from duty, and which of them, and how- 
 many, are not now on duty in consequence of wounds or 
 disability incurred in the service. 
 
 The Secretary of War replied, substantially, 
 that twenty-five general officers — fourteen ma- 
 jor generals and eleven brigadier generals — 
 were entirely unemployed, and that certain 
 officers of their personal staffs were also unem- 
 ployed w th them, numbering twenty-five. At 
 the same time another list was furnished of 
 general officers on duty who were not actually 
 commanding or serving with troop •, amounting 
 in number to tbirty-niue, making an aggregate 
 of eighty-nine officers reported as being either 
 unemployed altogether or not employed in the 
 command of troops. 
 
 A similar resolution was adopted in the Sen- 
 ate, on motion of Mr. Trumbull: 
 
 Resolved, That the Secretary of War be directed to fur- 
 nish the Senate with the names of all the major and briga- 
 dier generals who are without commands equal to a brigade, 
 Btating how long each has been without such command, 
 and whether each has a staff; and if so, how numerous, and 
 of what rank, and what amount of pay, including conunu- 
 tations and rations, each, including those of his staff, has 
 been receiving while so without a command; and also that 
 lie inform the Senate how many major and brigadier gen- 
 erals are in command of departments, districts, and posts 
 in the loyal States ; and whether any necessity exists that 
 requires "that these departments, districts, and posts should 
 be commanded by officers of such high rank, with their 
 numerous and expensive stafis. 
 
 1864, January 18— Mr. Holman offered this 
 preamble and resolution ; which were agreed to : 
 
 Whereas this House has been oiBcially informed that a 
 large number of officers of the army, including a number of 
 major and brigadier generals, have been for a long period 
 of time, relieved from active pervice, while still receiving 
 the full pay pertaining to their rank ; and whereas such 
 policy, wliile embarrassing to the officers so relieved, is 
 manifestly ur just to the country, and interferes with just 
 and proper promotions in the army : Therefore, 
 
 Resolved, Th:U, in the judgment of this House, the policy 
 of retainingin the pay of the Government officers who Lave 
 been indefinitely relieved from active service, not physically 
 disabled by wounds, and who have not been placed on the 
 retired list, ought to be discontinued ; and that the Com 
 mittee on Military Affairs be instructed to inquire what 
 legislation , i f any, is necessary to effect a remedy in the 
 premises, and reduce the number of general officers not em- 
 ployed in active service, and report by bill or otherwise. 
 
 May 12 — The House resumed consideration of 
 the joint resolution providing that all major and 
 brigadier generals, who, on the 1st of July, 
 1864, shall not be in the performance of duty or 
 service corresponding to their respective grades 
 and rank, and who shall not have been engaged 
 in such duty or service for three months con 
 tinuously next prior to that date, shall then be 
 dropped from the rolls of the army — no officer 
 to be included whose absence from duty shall 
 have been occasioned by wounds received, or 
 disease contracted in the line of his duty while 
 
 in the military service or while a prisoner. This 
 to vacate volunteer commissions only. 
 
 Mr. Cox moved to add this proviso : 
 
 Provided, That when any officer comprehended in this 
 act shall demand a board of inquiry according to the rules 
 and regulations in such cases, and who shall be willing to 
 serve, that such board shall be forthwith convened; and if 
 said board shall find him competent to command in the 
 ink to which he is entitled, he shall lie at once restored to 
 active service with full pay : And provided further. That 
 all officers who have received the thanks of Cmgress dur- 
 ing the present war shall be exempted from the provisions 
 of this act. 
 
 Which was disagreed to — yeas 46, nays 69. 
 
 Mr. Kernan offered a substitute providing 
 for a board to examine into the competency, 
 fitness, and efficiency of major and brigadier 
 generals, as described in the joint resolution ; 
 and each officer found by the board to be inca- 
 pable of properly and efficiently following his 
 duties shall be dropped, &c. ; which was dis- 
 agreed to — yeas 50, nays 69. 
 
 The joint resolution was then passed — yeas 
 V2, nays 45, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashlej', John D. Baldwin, Baxter, Beaman, Jacob B. 
 Blair, Boutwell, Boyd, Ambrose Av. Clark, Freeman Clarke, > 
 Cole, Creswell, Henry A\inter Davis, Beming, Driggs' Eliot, 
 Fjirnsworth, Garfield, Gooch, Griunell, Higby, Hotchkiss, 
 Jenckes, Julian, Kasson, Kelley, Francis W. Kellogg, Lit- 
 tlejohn, Loan, Longyear, McBride, McClurg, Mclndoe, Moor- 
 head, Morrill, Daniel Morris, Amos Myers, Leonard Myers, 
 Norton, Charles O'Neill, Orth, Patterson, Perham, Pike, 
 Pomeroy, Price, William H. Randall, Alexander H. Rice. 
 John H. Rice, Edward H. Rollins, Schenck, Scofield, Shan- 
 non, Sloan, Smithers, Spalding, Thomas, Tracy, Upson, Tan 
 Valkenburgh, William B. ^Vashburn, Webster, Whaley, 
 Wilder, Wilson, Windom, Woodbridge, Teaman — 72. 
 
 Nats — Messrs. Aneona, Baily, Augustus C. Baldivin, 
 Brooks, James S. Brown, William G. Brown, Chanler, Cra- 
 vens, Eden, Edgerton, Eldridr/e, English, Finck, Grider, 
 Hall, Harrington, Herrick, HutcMns, Philip Johnson, Kalh- 
 Jteisch, Kernan, King, Long, Mallory, ilarcy, McKinney, 
 iliddleton, William H. Miller, James R. Morris, Morrison, 
 Noble, Odell, John O^Neill, Pendleton, Pruyn, Robinson, 
 Ross, Scott, John B. Steele, Stevens, Sliles, Stuart, Wadi- 
 worth, Wheeler, Fernando Wood — i5. 
 
 The Senate did not consider the bill. 
 
 Resolutions relating to the War. 
 
 ITS OBJECT. 
 
 First Session, Thirty-Seventh Congress. 
 IN HOUSE. 
 
 1861, July 13 — Mr. Holmax asked leave to 
 offer these resolutions : 
 
 Resolved, That the sole object of the Government in itd 
 present and future military operations, resulting from the 
 armed resistance to its authority, is, and ought to be, to 
 maintain the integrity of the Union, as estalilished by the 
 Constitution, the enforcement of tlio laws, and the protec- 
 tion of the constitutional rights of the loyal citizens of 
 every State; and such operations ought not to bo suspended 
 until the authority of the Federal Government shall have 
 been firmly established throughout its territorial limits. 
 
 Resolved, That the Union must be preserved, and that no 
 adjustment of pending difficulties can ever be sanctioned by 
 the Government thatis not based on the acknowledged in- 
 tegrity of the Union, and the supremacy of the Constitution 
 of the United States. 
 
 Leave was not obtained. 
 1861, July 15— Mr. Allen, of Ohio, offered 
 the following resolutions : 
 
 Resolved, That whenever the Stites now in rebellion 
 against the General Government shall cease their rebelli lu 
 and become loyal to the Union, it is the duty of the Gov- 
 ernment to suspend the further prosecution of the present 
 war. 
 
 Resolved, That it is no part of the object of the present 
 war against the rebellious States to interfere with the iasti- 
 tution of slavery therein. 
 
 Which were ruled out of order by the Speaker. 
 
286 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 August 5 — Mr. Allen moved to suspend the 
 rules, that he might offer a similar resolution, 
 but it was disagreed to. 
 
 18G1, July 22— Mr. Noble, of Ohio, offered 
 this resolution: 
 
 Ecsolved, That the contest now existing between the 
 Goveinmont of the United States a id the disloyal organi- 
 zations now existing in certain States which are now wag- 
 ing an unjnstiliable war upon the constitutional authority 
 of the Govornjnont, should be treated and regarded by all 
 loj'al citizens not as a sectional war, nor an anti-slavery 
 war, nor a war of conquest or subjugation, but simply as a 
 w.ar for the maintenance of the Government, the suppres- 
 sion of rebellion, and the preservation of all the rights of 
 all the States full and undiminished, as they were purchased 
 by the blood of the Itevolation of 1770, and secured Ijy all 
 the provisions and compromises of the Federal Constitution, 
 and for no other purpose whatever. 
 
 The resolution went over, Mr. Burnett indi- 
 cating a desire to debate it. It was not again 
 reached. 
 
 1861, July 22— Mr. Crittenden offered the 
 following resolution : 
 
 Hesolved, That the present deplorable civil war has been 
 forced upon the country by the disunionists of the southern 
 States now in revolt against the constitutional Government 
 and in arms around the capital; that in this national 
 emergency Congress, banishing all feeling of mere passion 
 or resentment, will recollect only its duty to the whole 
 country; that tliis war is not waged upon our part in any 
 spirit of oppression, nor for any purpose of conquest or sul> 
 jugation, nor purpose of overthrowing or interfering with 
 the rights or established institutions of those States; but 
 to defend and mainttiin the supremacy of the Constitution 
 and to preserve tho Union with all the dignity, equality, 
 and rights of the several States unimpaired ; that as soon 
 as these objects are accomplished the war ought to cease. 
 
 The question being divided, 
 
 The House adopted the first clause of the 
 resolution : 
 
 Hesolvexl, That the present deplorable civil war has been 
 forced upon tho country by tho disunionists of the southern 
 States now in revolt against tho constitutional Government, 
 and in arms around the capital. 
 
 Yeas 122, nays 2, as follows : 
 
 Yeas — Messrs. Aldrich, AUen, Alley, Ashley, Babbitt, 
 Goldsmith F. Hailoy, Joseph Baily, Baker, Baxter, Beaman, 
 Binsham, Fnaitis 1*. Blair, jr., Samuel S. Blair, Blake, Buf- 
 fintuu, Valrert, C;inipbell, Chamberlain, Clark, Cb66, Colfax, 
 Frederick A. Conkling, Roscoe Conkling, Conway, Cox, Cnt- 
 trnrlcn, Curtis, Cutler, Davis, Dawes, Delano, Ddaplaine, 
 Diven, Duf 11, Dunlap, Dunn, Edgerton, Edwards, English, 
 Fentou, Fessendcn, Franchot, Frank, Gooch, Granger, 
 GrifJir. fiiiiiiv. Ilaipht, Halo, Harding, Harrison, Hblinan, 
 lb I I In: 111 ;, Jackson, Julian, Kelley, Wm. Kellogg, 
 Ki; _ 1 I, iaw, Leary, ie/iman, Loomis, Lovejoy, 
 
 .3/. , . .\ \.an, Mallory, Mcnzies, Moorhead, Anson 
 
 1'. Jb.ii.il. .) 11,, i ill .S. Morrill, Morris, Nixon, Noble, Nugen, 
 Odidl, Oliu, I'alton, FindUton, Perri/, Pike, Pomeroy, 
 Porter, Potter, Alexander 11. Rice, John II. Rice, Rid- 
 dle, Edward II. Rollins, James K JioUins, Sheffield, Shel- 
 labarger, Sherman, Sloan, Sinitli, Spaulding, John B. SUelf, 
 William G. Steele, Stratton, Francis Thomas, Train, Trow- 
 bridge, Upton, Vandover, Van Valkenburgh, Van Wyck, 
 Verreo, Vibhard, Wadswnrth, Charles W. Walt(m, E. P. 
 Walton, Ward, Webster, Wheeler, Whaley, Albert S. White, 
 Chilian A. White, Wicklije, Wmdom, WoodTOjT, Worcester, 
 WHght— 122. 
 
 Nats— Messrs. Burnett, Rcid—2. 
 
 The second clause of the resolution : 
 
 That in this national emergency Congress, banishing all 
 feeling of mere passion or resentment, will recollect only 
 its duty to the whole country; that this war is not waged 
 upon our pai-t in any .spirit of oppression, or for any pur- 
 pose of conquest or subjugation, or purpose of overthrow- 
 ing or iiilerf'Tin',' with llicrightsor established institutions 
 of those Stat. J. hut t.i d'ti'iid and maintain tho supremacy 
 of the Cmi-iiiuii ill anl In [irescrve tho Union with all the 
 dii^nity, equality, .md li-lits of tho several States unim- 
 paired; and that as soon as these objects are accomplished 
 the war ought to cease. 
 
 Was adopted — yeas 119, nays 2, as follows: 
 
 Yeas— Jlessrs. Aldrich, A lien. Alley, Babbitt, Goldsmith F. 
 Bailey, Josejih Baily, Baxter, Beaman, Francis P. Blair, Sam- 
 uel S. Blair, Blako, George H. Browne, Buffinton, Calvert, 
 
 Campbell, Chamberlain, Clark, Cobb, Colfax, F. A. Conkling, 
 Roscoe Conkling, Cooper, Corning, Cox, Crittenden-, Cnrtis, 
 Cutler, Dawes, Delano, Diven, Duell, Dunlap, Dunn, Edwards, 
 English, Fenton,Fessenden, Fouke, Franchot, Frank, Gooch, 
 Granger, Gridcr, Gurley, Haight, Ilale, Harding, Harrison, 
 Hoi man, Uorton, Jackson, Jb7msow,Kelley .William Kellogg, 
 Killinger, Law, Lazear, Leary, Lehman, Logan, Loomis, 
 McClcniand, Mallory, Menzies, Mitchell, Moorhead, Anson 
 P. Morrill, Justin S. Morrill, Morris, Nixon, Noble, Nugen, 
 Ode.ll, Clin, Patton, Pendleton, Perry, Pike, Pomeroy, Por- 
 ter, Peid, Alexander II. Rice, John H. Rice, Richardson, 
 Robinson, Edward U. Rollins, James S. Rollins, Sheffield, 
 Shellabarger, Sherman, Smith, Spaulding, John B. Steele, 
 William G. Steele, Stratton, Francis Thomas, Train, Trow- 
 bridge, Vpton,Vallandigham, Van Horn, Van Valkenburgh, 
 Van Wyck, Verree, Vibbard, Wadsworth, Charles W. Walton, 
 E. P. Walton, Ward, Webster, Wheeler, AVhaley, Albert S. 
 White,C/(i7ton,.4. White, WicUiffe,^Tln<!iom, Woodruff ,-9! ot- 
 cester, Wright— \\^. 
 
 Nays — Messrs. Potter, Riddle — 2. 
 1861, July 24 — Mr. Johnson, of Tennessee, 
 offered substantially the same resolution in the 
 Senate, which was ordered to be printed. 
 
 July 25 — Mr. Polk, of Missouri, moved to 
 strike out and insert so as to make the first 
 clause close thus : by " the disunionists of the 
 Southern and the Northern States ;" which was 
 disagreed to — yeas 4, nays 33, as follows : 
 
 Yeas — Messrs. Johnson of Missouri, Kennedy, Polk, Savls- 
 bury — 4. 
 
 Nats — Messrs. Anthony, Bingham, Browning, Clark, Col- 
 lamer, Cowan, Dixon, Doolittle, Fessenden, Foster, Grimes, 
 Hale, Harlan, Harris, Howe, Johnson of Tennessee, King, 
 Lane of Indiana, Lane of Kansas, Latham, Morrill, Nesmith, 
 Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, 
 Wade, Wilkinson, Willey, Wilmot, Wilson — 33. 
 
 Mr. Trumbull moved to strike out the words, 
 " and in arms around the capital," and the 
 word " subjugation," which was rejected. 
 
 The resolution was then passed — yeas 30, 
 nays 5, as follows : 
 
 Yeas — Messrs. Anthony, Browning, Chandler, Clark, 
 Ciiwan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, 
 Harlan, Harris, Ilowe, Jo/mson of Tennessee, Ktnnedy, 
 King, Lane of Indiana, Lane of Kansas, Latham, Morrill, 
 Nesmith, Pomeroy, Saulsbury, Sherman, Ten Eyck, Wade, 
 Wilkinson, Willey, Wilson— 30. 
 
 ^AYS—Ucs!-TS. Breckinridge, Johnson of Missouri, PoVc, 
 Powell, Trumbull— 5. 
 
 1861, July 31 — Mr. Pendleton, of Ohio, of- 
 fered this joint resolution : 
 
 Resolved, That, under the Constitution, the rights, powers, 
 and duties of all the States of the Union are equal; that 
 the Union is founded in this equality; that in order to 
 maintain the Constitution and the Union, this equality must 
 be preserved ; that every honest effort to perpetuate the 
 Union must be made in accordance with the Constitution, 
 and with a purpose to maintain this equality ; that an at- 
 tempt on the part of the Federal Government to subjugate 
 any of the States, and hold them as territories or provinces, 
 or in any position inferior to that of every other State, or 
 ti) iiitirf'rr with their State governments, or with their do- 
 mestic iii-;tiliitions, or to abolish or interfere with slavery 
 within their limits, would be an attempt to destroy this 
 e,|\iality, and would, if successful, subvert the Constitution 
 and tho Union. 
 
 Resolved, therefore, d-c, That Congress does hereby sol- 
 emnly declare that hostilities against the so-called confed- 
 erate States shall be so prosecuted as to enforce obedience 
 to tho obligations of tlie Constitution, and the laws passed 
 in accordance therewith; and that they shall not bo so pros- 
 ecuted as to reduce to a position of inferiority any of the 
 States, or to interfere with their State goverumeuts, or to 
 abolish slavery within their limits. 
 
 Ruled out of order by the Speaker. 
 
 Second Session, Thirty-Seventh Congress. 
 1861, December 2 — Mr. Eliot offered this joint 
 resolution: 
 
 Resolved, <Cc, 1. That in behalf of the people of these 
 States, wo do again solemnly declare that tho war in which 
 we are engaged against the insurgent bodies now in arms 
 against tho Government has for its object the suppression 
 of such rebellion and the re-establishment of tho rightful 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 287 
 
 aiithority of the National Constitution and laws over tho 
 entire extent of our common country. 2. That while we 
 disclaim all powyr unfler the Constitution to interfere, by 
 ordinary legislation, with the institutions of tlio several 
 States, yet tho war now existing must be conducted ac- 
 cording to the usages and rights of military service, and 
 that during its continuance the recognized authority of 
 the maxim that the safety of the State is the highest law, 
 subordinates rights of property and dominates over civil 
 relations. 3. That therefore we do hereby declare that, in our 
 judgment, the President of the United States, as tho com- 
 mander-in-chief of our army, and the ofBcers in command 
 under him, have the right to emancipate all persons held as 
 slaves in any military district in a state of insurrection 
 against the National Government, and that we respectfully 
 advise that such order of emancipation be issued whenever 
 the same will avail to weaken tho power of tho rebels in 
 arms, or to strengthen tho military power of the loyal forces. 
 
 Mr. Dunn moved that it be tabled, wbich was 
 disagreed to — yeas 56, nays 70, as follows : 
 
 Yeas— 'Messrs. Allen, Ancona, Joseph Baily,Bkldle, Fran- 
 cis V. Blaii, JacibU. Blair, Burnliani, Cah-ert, Campbell, 
 Cobb, Conway, Corning, Cox, Cravens, De auo, Dunlap, 
 Dunn, Fouke, Haight, Harding, HavY'ison, Holman, Hortoii, 
 Wm. Kellogg, Law. Lazear, Leary, Lehman, McPlierson, 
 JIaynard, May, Memies, Morris, Noble. JVbell, Norton, Odell, 
 Fendlcton, Ferry, Alexander H. Rice, Richardson, Robin- 
 son, Sheffield, Shiel, Smith, John B. Steele, William G. 
 Steele, Benjamin F. Thomas. Train, Trimble, Upton, Vallan- 
 digham, Verree, Ward, Chilton A. White, Woodruff— b6. 
 
 Nays— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Goldsmith F. Bailey, Baker, Baxter, Beaman," Bingham, 
 S. S. Blair, Blake, Buffinton, Clark, Colfax, F. A. Conkliiig, 
 Roscoe Conkling, Davis, Dawes, Duell, Kdgerton, Elwards, 
 Eliot, Fessenden, Franohot, Frank, Goodwin, Granger, 
 Giirley, Uickman, Hooper, Hutohins, Julian, Kelley, Lan- 
 sing, Loomis, Lovejoy, McKean, Mitchell, Anson P. Morrill, 
 Justin S. Morrill, Patton, T. G. Ihelps, Pike, Pomeroy, Por- 
 ter, Potter, John II. Rice. Riddle, Edward II. Rollins, Sar- 
 gent, Sedgwick, Shanks, Shellabarger, Sherman, Sloan, 
 Spaulding, Stevens, Trowbri<lge, Van Horn, Van Valken- 
 burgh, Van Wyck, Wall, Wallace, Chas. W. Walton, E. P. 
 Walton, Washburne, Wheeler, Wilson, Worcester— 70. 
 
 Mr. Roscoe Conkling moved to insert in the 
 third resolution, after the word " slaves," the 
 words, " held by rebels ;" which was agreed to. 
 
 It was then postponed; and December I7th, 
 was referred to the Committee on the Judici- 
 ary — yeas 77, nays 57. 
 
 Same day, Mr. Campbell offered this resolu- 
 tion : 
 
 Resolved, That In legislating to meet the exigencies of 
 the present rebellion. Congress should confiscate the prop- 
 erty, slaves included, of all rebels, and protect the property 
 and rights, under the Constitution and laws, of all loyal 
 citizens. 
 
 Which was postponed for the present. 
 
 Same day, Mr. Stevens offered this preamble 
 and resolution: 
 
 Whereas slavery has caused the present rebellion in the 
 United States ; and whereas there can be no solid and per- 
 manent peace and union in this Republic so long as that 
 institution exists within it; and whereas slaves are now 
 used by the rebels as an essential means of supporting and 
 protracting tho war ; and whereas by the Law of nations it 
 is right to liberate the slaves of an enemy to weaken his 
 power : Thoroforo, 
 
 Be it rcsolri'd Ixj the Senate and House of Representatives 
 of the United S'i'-tes of America in Congress assembled, That 
 tho President bo requested to declare free, and to direct all 
 of our generals and officers in command to order freedom 
 to all slaves who shall leave their masters, or who shall aid 
 in quelling this robollion. 
 
 Sec. '2. And beit further resolved, That the United States 
 l)ledge the faith of the Union to make full and fair compen- 
 sation to all loyal citizens who are and shall remain active 
 in supporting the Union for all the loss they may sustain 
 by %'irtue of tliis act. 
 
 Which, also, was postponed for the present. 
 Dec. 4— Mr. Holman offered the following 
 resolution : 
 
 Whereas this House, on the 22d day of July last, by an 
 almost unanimous vote, adopted the following resolution 
 Bubmitted to the House by Hon. J. J. Crittenden, of Ken- 
 tucky ; 
 Resolved by tl.e House of Representives of the Congress of 
 
 the United States, That tho present deplorable civil war, h.ia 
 been forced upon the country by the disunionists of the 
 southern States now in revolt against the constitutional 
 Government and in arms around the capital ; thiit in this 
 national emergency Congress, banishing all feelings of mere 
 passion or resentment, will recollect only its duty to the 
 whole country; that this war is not waged ujjon our part in 
 any spirit of oppression nor for any pmiioso of conquest 
 or subjugation, nor for tho purpose nf um i thnjwing or in- 
 terfering with the rights or estnl li-ljril in-iitiitions of the 
 States, but to defend and mainl.iiii tli" sujir ■inacy of the 
 Constitution and to preserve tho I'liinn with its dignities, 
 equality, and the rights of the several States unimpaired, 
 and that as soon as these objects are accomplished tho war 
 ought to cease. 
 
 And whereas since that time no event has occurred to 
 change the policy of the Government : Therefore, 
 
 Resolved. That tho principles above expressed are sol- 
 emnly reaffirmed by this House. 
 
 Which was laid upon the table — yeas 71, 
 nays 65, as follows : 
 
 Yeas — Messrs. Aldrich, Alley, Arnold, Ashlov, Goldsmith 
 F. Bailey, Baker, Baxter, Beaman, I'.iir 1: iin ii i; i< P. 
 Blair, Samuels. Blair, Blake, Buffint.ii!. Ii i :.;im- 
 
 berlain, Clark, Colfax, Frederick A. (> _ ' ivay, 
 
 Davis, Belaplaine, Duell, Edgerton, Edv..i!.:o. i... uiVuton, 
 Fessenden, Franchot, Gooch, Gurley, lioupur, Ihitchins, 
 Julian, Kelley, Lansing, Loomis, Lovejoy, McPherson, 
 Moorhead, Anson P. Morrill, Justin S. Morrill, Olin, Patton, 
 T' tf •;•, John H. Rice, Riddle, 
 ' 1 1;, Sh.anks, Sherman, 
 1 ' 1 1 1 1 e, Trowbridge, Van 
 , ri,:nM^ W. Walton, E. P. 
 or, Albert S. White, Wilson, 
 
 T. G. Phelps, Pike, Pomr 
 Edward H. Rollins, !^:ir 
 Sloan, Spaulding, Stevn 
 Horn, Verree, Wall, \\ .■ 
 Walton, Washburne, \\ 
 
 Worcester — 71. 
 
 Nays — Messrs. Allen, Ancona, Joseph Baily, BiddJe, Jacob 
 B.Blair, Calvert, Campbell, Cobb, Cornimi, Cii.r, Cravens, 
 CHsfield, Dawes, Delano, Diven, Butilnj,' Im; ,.. i:.'.,Ush, 
 i^oiiA;e, Frank, Goodwin, Granger, Gr (IN /. 1 1 ; ihn-d- 
 
 ing, Harrison, Holman, Ilorton, Willi /.-aw, 
 
 Lazear, Leary, Lehman, McKnight, M : i , .' vrfX?, 
 Mitchell, Jl/o)Tis, Nixon, Noble, NoeU, y ' . " ', I'in- 
 dleton, Ferry, Porter, Richardsmi, S/i i'' ' ': r-cr, 
 
 SJdel, Smith, John B.Steele, William G.s ,. Ucn- 
 
 jamin F. Thomas, Francis Thomas, Ujil.ii, \,iii \ulken- 
 burgh, Wadsworth, Ward, Webster, Chilton A. WhiU, 
 WicUiffe, Woodruff, Wright— G^. 
 
 1862. January 20— Mr. Allen, of Ohio, offered 
 the following resolution : 
 
 Resolved, That, in the judgment of this Ilotise, no part of 
 the appropriation now made or hereafter made, nor of tho 
 taxes now or hereafter laid by Congress shoidd be used in 
 or applied to the prosecution of a war for the purpose of the 
 emancipation of slaves in tho slaveholdiug States of the 
 Union. 
 
 Which was laid upon the table — yeas 90, naya 
 36, as follows : 
 
 Yeas— Messrs. Aldrich, Alley, Arnold, ral.bitt.Oiildsmith 
 F. Bailey, Baker, Baxter, Beaman, Biii4li:iiii, Fi.nicis P. 
 Blair, Blake, Buffinton, Burnham, CaniiilM-ll, CliainlH rltiin, 
 Clark, Clements, Colfax, Frederick A. ('onkliiii;-, lidscoe 
 Conkling, Conway, Cutler, Davis, Dawes, Delano, Diiill, Dunn, 
 Edgerton, Edwards, Eliot, Fenton, Fessenden, Fr.iiik, (inin- 
 ger, Gurley, Hale, Hanchett, lli.oper, Ilerloi,, llnteliins, 
 Kelley, Francis W. Kollosii, William Kell.i-- Killin-er, 
 
 Lansing, Loomis, Lo 
 Marston, Jlitchell, Muorh^ 
 Morrill, Nixon, Olin, I'att 
 Porter, Alexamler II. I!ir( 
 gent, Shanks, ,S7e: ';-./'/, Sli 
 Stratton, Benjaiiiiii !■ . He 
 Van Horn, Van \ alkenl'in 
 lace, Charles W. Wallun.K 
 
 MeKllil 
 Ansun P. M. 
 Tim., thy G. P 
 
 W > 
 
 ht, MePlMT.Son, 
 
 .n-ill, .Instin S. 
 
 Wall.Wl 
 
 P. Wallua, Washuunie, Whfolor, 
 Albert S. W"hite, Wilson, Windom, Worcester- <J0. 
 
 Nays — Messrs. A lien, Ancona, Joseph Baily, Jacob B. Blair, 
 William G. Broun, Cileert. 0:hb, C„rn!nf/, Crn'ms. Cris- 
 field, English, /■:./''-. I! rj,', Hnii mm. ;.^.; ; , ;, J^-: sun, 
 Knapp, Law, I. , I. .ii. i' . \ \ , ", ,.», 
 
 Robinson, Jam, : :■' /, .; /. • . !, .'na 
 
 G.Steele,Vallan.i.,.,i:,. i ,■.:--,■,. r, . ,,,,. , c.,,;, ,; .i Wmte, 
 Wickliffe, Woodnff, Wri>ihl—:Mi. 
 
 1862, March 3— Mr. Holman offered the fol- 
 lowing resolution : 
 
 Resolved, That in tho judgment of this House, tho unfor- 
 tunate civil war into which the Government ol the I'nitod 
 States has been forced by the treasonable atlcniiit of tho 
 sonthern secessionists to" destroy the Union, shoi}M not bo 
 prosecuted for any other purposo than the resttiration of 
 iho authority of the Constitution, and ihat the wcllaro of 
 
288 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 tho whole people of the United States is permanently in- 
 volved in maintaining tho present form of Government un- 
 der the Constitution, without modiDcatiou or change. 
 
 Which was laid oa the table — yeas 59, nays 
 59, as follows : 
 
 Yeas— Messrs. Aldiich, Alley, Arnold, Ashley. Babbitt, 
 Bnker, Baxter, Beaman, Bingham, Samuel S. Blair, Blake, 
 Buffinton, Burnliani, Campbell, Chamberlain, Clark, Colfax, 
 Frederick A. Conklinsr, Roscoe Conklins, Conway, Cutler, 
 Davis, Delano, Duell, TAy, Fessenden, Franchot, Frank, 
 Hooper, Ilutchins, Francis W, KellogK, Lansing, Loomis, 
 Ivovejoy, McKnight, MoPlierson, Mitchell, Moorhead, Anson 
 P, Morrill, Justin S. Morrill, P.itton, Pike, Pomeroy, John 
 H. Rice, Riddle, Sargent, Sedgwick, Slumks, ^tevens, 
 Trowbridge, Van Wyck, Verree, Wallace, Charles W. Wal- 
 ton , Wheeler, Albert S. White, Wilson, Windom, Worcester 
 
 5'i. 
 
 Navs— Mc^si-8. Joseph Baily, Biddle, Jacob B. Blair, 
 George IJ Browne. Wm. G. Brown, CaZwrt, Clements, Cot6, 
 Cimtinr/, Cox, Cravens, Crisfield, Crittenden, Diven, Dunlap, 
 Dunn. Goodwin, Granger, Hale, Hall, Harding, Harrison, 
 Bolman, Horton, Johnson, William Kellogg, JKnapp, Law, 
 Lazear, Leary, Mallory, Maynard, Menzi'S, Nixon, Nolle, 
 Noell, Norton, Niigen, Oclell, Pendleton, Perry, Richardson, 
 Kobinson. .Tames S. Mollins, Sheffield, i^hellabargcr. Smith, 
 John B. Steele, Stratton, Benjamin F, Tliomas, Francis 
 Tnomas. Trimble. Vibbard. Wadsworth,Wehater, Whaffiy, 
 Wicldiffe, Woodruff, iVright—bd. 
 
 The Speaker, (Mr. Grow,) voted aye, and the 
 re;oliition was tabled. 
 
 IN SENATE. 
 
 ISGl, December 20 — Mr. Willey introduced 
 the following, which was not acted upon : 
 
 Resolved, That the existing waryforced upon the country 
 by the instigators of the rebellion without justifiable cause 
 or provocation, was, and is, designed by them to destroy the 
 Union and the Constitution ; and their purpose, moreover, 
 was at first, and is now, to ilisavow and repudiate the fund- 
 amental principles of repulilican government on wliich oiu- 
 fathers established the Union and the Constitution. 
 
 18G1, December 16— Mr. Ten Eyck offered 
 this resolHtion : 
 
 Resolved, That the present war is for the Union, accord- 
 in'; to tho Constitution; that its object is to save the former 
 and enforce the latter — was so in tho beginning, is now as 
 carried on, and should be, to tho last; that measures, ex- 
 treme and radical, disruptive in themselves, involving in a 
 common fate as well the loyal as disloyal, should not bo 
 resorted to ; and that in crushing treason — wido-spread and 
 hatel'ul as it is— the Government itself cannot prove traitor 
 to organic law. 
 
 Third Session, Thirty-Seventh Congress. 
 IN HOUSE. 
 
 18G2, Dec. 4— Mr. Stevens offered the fol- 
 lowing resolutions: 
 
 Resolved, That this Union must bo, and remain, one and 
 indivisible forever. 
 
 2. That if any person in the emplojnnent of the United 
 States, in either the legislative or executive branch, should 
 propose to make peace, or should accept, or advise the ac- 
 ceptance, of any such proposition on any other basis than 
 the integiity and entire unity of the United States and their 
 Territf ries as they existed at tho time of the rebellion, he 
 will b« guilty of a high crime. 
 
 .3. That this Government can never accept the mediation 
 or permit the intervention of any foreign nation, during 
 tills rcfticllion, in our domestic atfairs. 
 
 4. That no two Governments can ever be permitted to 
 exist witliin tho territory now belonging to the United 
 States, and which acknowledged their jurisdiction at the 
 time of the insurrection. 
 
 Which were read, and postponed for the 
 present. 
 
 Same day, Mr. Wickliffe offered this amend- 
 ment, which, being out of order, was not en- 
 tertained : 
 
 Tliat any ofBcer of tho United States, cither executive, 
 legislative, or judicial, who is opposed to close the pn-cut 
 war upon preserving tho Constitution as it is, with :ill its 
 giiarantecs and privileges, and the union of the St:it's :is 
 established by said Constitution, is unworthy to hold such 
 office, and should bo dismissed or removed from the same. 
 
 1862, December 5 — Mr, Vallandigham of- 
 fered the following resolutions : 
 
 1. Resolved, That the Union as it was must be restored 
 and maintained one and indivisible forever under the Con- 
 stitution as it is — the fifth article, providing for amend- 
 ments, included. 
 
 2. That if any person in tho civil or military service of 
 the United States shall propose terms of peace, or accept 
 or advise the acceptance of any such terms, on any other 
 basis than the integrity and entirety of the FederiU Union, 
 and of the several States composing the same, and the Ter- 
 ritories of the Union, as at the beginning of the civil v^'ar, 
 he will bo guilty of a high crime. 
 
 3. That this Government can never permit tho interven- 
 tion of any foreign nation in regarri *•{].■ i : - n' r\\ \\ way. 
 
 4. That the unhappy civil w-.a- <:,■''' r d 
 was waged in the beginning, pr; : i , i;t 
 of oppression or for any jmi-postM! .n, 
 or purpose of overthrowing or iii iiti 
 or established institutions of tho - .: mi 
 maintain the supremacy of the (, I ; ; rvn 
 tho Union with all the dignity, viyn u:l; . ;i;pi i _:li'! - .i the 
 several States unimpaired, and was so uiHl.'i-.stoud and ac- 
 cepted by the people, and especially by the army and navy 
 of the United States; and that, therefore, whoever shall 
 pervert, or attempt to pervert, the same to a war of con- 
 quest and subjugation, or for the overthrowing or interfer- 
 ing with the rights or established institutions of any of the 
 States, and to abolish sl.avery therein, or for the purpose of 
 destroying or impairing the dignit}', equality, or rights of 
 any of the States, will be giiilty of a flagrant breach of 
 public faith and of a high crime against the Constitution 
 and ilie Union. 
 
 5. That whoever sh.all propose by Federal authority to 
 extinguish any of the States of this Union, or to declare any 
 of them extinguished, and to establish territorial govern- 
 ments within the same, will be guilty ofahigh crime against 
 the Constitution and the Union. 
 
 6. That whoever shall affirm that it is competent for this 
 House or any other authority to establish a dictatorsliip in 
 the United States, thereby superseding or suspending the 
 constitutional authorities of the Union, and shall proceed 
 to make any move toward the declaring of a dictator, will 
 be guilty of a high crime against the Constitution and tha 
 Union and public liberty. 
 
 Which were laid upon the table — yeas 79, 
 nays 50, as follows : 
 
 Yeas— Messrs. Aldrich, Arnold, Ashley, Babbitt, Baker, 
 Baxter, Beaman, Bingham, Samuel S, Blair, Blake, BuiHn- 
 ton. Chamberlain, Clark, Colfax, Frederick A, Conkling, 
 Roscoe Conkling, Covode, Cutler, Davis, Dawes, Delano, 
 DueS, Edgerton, Eliot, Ely, Fenton, Samuel C. Fessenden, 
 Thomas A, D. Fessenden", Fisher, Franchot, Frank, Good- 
 win, Gurley, Hale, Harrison, Hickman, Hooper, Horton, 
 Ilutcliins, Julian, Kelley, Francis W. Keliogg, Loomis, Love- 
 joy, Low, McPherson, Mitchell, Bloorhead, Justin S. Mor- 
 rill, Nixon, Pike, Pomeroy, Porter, Potter, John IL Rice, 
 lliildlo, Edward H. Rollins, Sargent, Sedgwick, Shanks, 
 Sliellabarger, Sherman, Sloan, SpanMiiig, Stevens, Stratton, 
 Beniamin F. Thomas, Train, Trowbridge, Van Horn, Van 
 Valkenburgh, Van Wyck, Walker, Wall, W"allace, Wasb- 
 burne, Wilson, Windom, Worcester — 79. 
 
 Nays — Messrs. William J. Allen. Ancona, Bailey, Biddle, 
 William G. Brown, Clements, Cobb, Conway, Corning, Cox, 
 Craixns, Cnsjield, Dunlap, English, Fouke, Granger, Grider. 
 Uall, Harding, Hblman, Johnson, Knapjy, Lazo, Lazear, 
 Leary, Mallory, Maynard, Mcnsics, Noble, Norton, Nugen, 
 Pendleton, Perry, Price, Richardson, Robinson, Sheffield, 
 Shiel, Smith, John B. Steele, William G. Steele, Stiles, Val- 
 landigham, Vibbard, Voorhees, Chilton A. White, Wickliffe, 
 Woodruff, Wright, I'eanuxn — 60. 
 
 1862, December 8 — Mr. Wright offered the 
 following joint resolutions : 
 
 Resolved, die. That the rebellion, on the part of the se- 
 ceding States, against the Government and laws of this 
 Union, was deliberately wicked, and without reasonable 
 cause ; the compact of the Union beingperpetual, no State has 
 tho constitutional power to forcibly secede, and that there 
 was no grievance, real or imaginary, upon the part of the 
 seceding States, for the redress of which the Constitutiou 
 does not furnish ample remedies. 
 
 2. That the rebellion being in contravention of the Con- 
 stitution and haws, it is the duty of the Governnynt to put 
 it (iewn, without regard to cost, or tho consequences that 
 may befall those engaged in it, and all necessary constitu- 
 tional means for this purpose, and this alone, should bo fur- 
 nished by the people. That inasmuch as tho great and 
 wicked crime invoked the power of the sword, tho war 
 should be prosecuted with all the vigor and strength aud 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 289 
 
 Bn •■ans of the Tederal Government till rebellion bo subdued, 
 a;id till longer. 
 
 :;. That :in honorable peace is desirable; but no peace 
 while armed opposition menaces the Capital and threatens 
 the overthrow of the Union ; nor tliat peace which would 
 be estiiblished upon the dismenibercil fragments of a mighty 
 and prosperous nation ; and that man who would entertain 
 peace upon these conditions is a traitor to his country, and 
 unworthy the protection of its laws. 
 
 4. That the war was inaugurated solely for the suppres- 
 sion of the rebellion, and the restoration of the Union as it 
 was; that any and all attempts to change or divert this 
 line of policy is a frauil upon tlio nation, a fraud upon the 
 memory of the gallant men wlio have sacrificed tlieir lives, 
 and a fraud upon the living soldiers who now stand up as a 
 wall between their loved country and its wicked invaders. 
 
 6. That the value of dollars and cents does not enter into 
 the momentous question of the maintenance of popular lib- 
 erty, or the preservation of a free Government, any more 
 than the lives and comfort of the traitors who have con- 
 spired or leagued together for their destruction. 
 
 6. That the Union restored the war should cea.se, and the 
 Beceding States, be received back into the Union with all 
 the privileges and immunities to which they were originally 
 entitled. 
 
 Mr. Lov'EJOY moved to table them, ■which was 
 rejected — yeas 43, nays 68 as follows : 
 
 Yeas — Messrs. Aldrich, Alley, Baxter, Beaman, Bingham, 
 Samuel S. Blair, BufRnton, Chamberlain, Frederick A. 
 Conkling, Cutler, Davis, Dawes, Edgtrton, Eliot, Ely, 
 Samuel C. Fessenden, Thomas A. D. Fessenden, Goocii, 
 Goodwin, Guidey, Ilooper, Ilorton, Ilutchins, Julian, Fran- 
 cis W. Kellogg, Lovejoy, Anson P. Mon-ill, Justin S. Mor- 
 rill, Pike, Potter, John II. Rice, Sargent, Sedgwick, Sloan, 
 Spaulding. Stevens, Train," Van Horn, Walker, Wall, Albert 
 S. Wliite, Wilson, 'Windom— 43 
 
 Nats— Messrs. Anemia, Babbitt, Bail'/. .T.n.l. V,. r.]:h; 
 Blake, ^ViUiam G. Brown, Bm-nham, ( i : 1 1 i Iv. 
 Clements, Cubb, Conway, Cox, Craviis, t'c/.- ' . ,'. 
 
 Duell, JJunlap, Dunn, Edwards, Frank, ti: n. :, '.// ' /•, 
 Hale, Hall, Harding, Ilolman, Jolinsdn, Viillinm Kellogg, 
 Knapp, Laxo, Lazear, Loomis, Low. MoKniglit, Mull ,>■;/, 
 2Ienzies, Moorhead, Morris, Nixon, Xoble. Oliu, Patton, Pen- 
 dleton. Pr>-:c. Alexander U. Rice, Edward II. Rollins, S/ief- 
 /■/'.Mi' ^ J r, Sherman, Smith, John B. Steele, Wm. G. 
 A' > ^ t ton, Benjamin F.Thomas, Francis Thomas, 
 Ti.:n . ! 1 idge, Wallace, Washburne,Whaley,C/«7io« 
 
 A. 11 /,,M., WiJdiffe, Woodruff, Worcester, Wright, Yea- 
 
 They were then postponed. 
 First Session, Thirty-Eighth Congress. 
 IN HOUSE. 
 
 1863, December 14— :Mr. Finck ofifered this 
 resolution, which was laid over under the rule : 
 
 Whereas, in the opinion of this House, the Federal Gov- 
 ernment is invested by the Con..itiiution of the Uu.ted 
 States with all necessary power and authority to suppress 
 auy resistance to the due execution of the laws thereut, and 
 to employ the army and navy in aid of the civil authority 
 to disperse all armed resistance to the rightful power and 
 jurisdiction of the United States; and whereas, in the judg- 
 ment of this House, the army and navy cannot be right- 
 fully used to subjugate and hold as conquered territory any 
 of the States of this Unlo:i : Therefore, 
 
 Be itresulvrd. That in this nntiunal emergency Congress 
 will forego all fclitig of mere passion or resentment, and 
 will recollect only its duty to the country; that, tliia war 
 should not he waged on our part in any spirit of oppression, 
 nor in any spirit of conquest or subjugation, or for the pur- 
 pose of overthrowing or interft-ring with the rights or es- 
 tablished institi'.tionsof the folates, butto defend ami main- 
 tain the supremacy of the Coiistitntion and preserve the 
 Union, with all the dignity, eqtiality. and rights of the sev- 
 eral Slates unimpared ; and a-i soon as these objects are at- 
 tained the war ought to cease. 
 
 April 11 — The resolution was laid on the ta- 
 ble—yeas 81, nays 64, as follows : 
 
 Yeas— Messrs. Alloy, Allison, Ames, Ander.son, Arnold, 
 Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Bout- 
 well, Boyd, Broomall, Wm. G. Brown, Ambrose W. Clark, 
 Fretman CI,\rko, Cobb, Cole, Henry Winter Davis, Thomas 
 T. Davis, Doraint,-, Driggs, Dumont, Eckley, Eliot, Farns- 
 worth, Frank, Garfield, Gooch, Grinnell, Iligby, noo])cr, 
 Ilotclikis:S, Asalul W. Hubbard. John H. Hubbard, Jenckes, 
 Julian, K;i.';son, Kclley, Francis W. Kellogg, Orlando Kel- 
 logg, Loan, Marvin, McBride, McClurg, Samuel F. Miller, 
 Morrill. Daniel Morris, Amos Myers, Leonai'd Myers, Nor- 
 19 
 
 ton, Charles O'Neill, Orth, Patterson. Pike, Pomeroy, Price, 
 William 11. Randall, Alexander H. Rice, E Iward II. Rol- 
 lins, Schenck, Scofield, Shannon, Sloan, Smith, SmitI^(•r^, 
 Spalding, Starr. Stevens, Thayer, Thomas, l'psi>n. Van 
 Valkenburgh, EUihu B. Washbnme, William B. Wa.sh- 
 burn, Whaley, Williams, 'Wilder, Wilson, 'NVindom, Wood- 
 bridgo- SI. 
 
 N.w — \].-,-r-. J-inr r\ \]', , MV'/,,.,,./ jv,„^ Aa-f.na, 
 Align. < ' . .. . ' II , I' I;: ,, . II., /. .' ,„,.,• 6'. 
 
 Brou:^. : ■ . ' . ' , ,, ' ... , . ;. . , . !<^n- 
 isrm,J- ./ . ./ ' ', /■ .'..' .■■.", 1./.. ;, Hale, 
 Ilaril.. :. l: ■ . /. ' '.. //.',-ris, Ucrric/;, Hol- 
 
 man, r ■' .: . I\' r,ian. King, Knam, 
 
 Law. /. / , '/ " 1 /•. McDomeil, McKin- 
 
 neiJ,ML..- .', J.:;;i. A'. J/r,,,, M.,rri.<un. V- '.■.». 0<kU, 
 Pcndleiun, Pury, J'ru^/ii, SamuU /. /,'"■' \ /,' i/n^-im, 
 Rogers, James S. Rollins, Ross, Scotl, J'., : . . . ;, ,. O. 
 Steele, Strouse, Sluart, Sweat, Voorhof. \. : ; i, il ,,lrr, 
 Chilton A. While, Joseph W. White, iiinnau, i.rnando 
 Wood—6i. 
 
 1863, Dec. 14— Mr. Holman offered these res- 
 olutions : 
 
 Resolved, that the doctrine, recently announced, that the 
 States in which an armed insurrection has existed against 
 the Federal Government have ceased to be States of the 
 Union , and shall he h dd, on the ultimate defeat of that in- 
 surrection, as Tenitories or subjugated provinces, and 
 governed as such by the absolute will of Congress and the 
 Federal Executive, or restored to the Union on conditions 
 unkBowa to the Constitution of the United States, ought to 
 be rebuked and condemned as manifestly unjust to the 
 loyal citizens of those ftates, tending to prolong the war 
 and to confirm the treasonable theory of secession, and if 
 carried into effect must greatly endanger the public liberty 
 and the constitutional powers and rights of all of the 
 States, by centralizing and consolidating the powers of the 
 government. State and i!ational, in the Federal Executive. 
 
 •2. That the only object of the war ought to be to subju- 
 I gate the armed insurrection which for the time being 
 1 suspends the proper relations of certain States with the 
 I Federal Government, aud to re-establish the supremacy of 
 the Constitution ; and the loyal citizens of those States, 
 and the masses of the people thereof, submitting to the au- 
 thority of the Constitution, ought not to be hindered from 
 restoring the proper relations of their respective States 
 with the Federal Government, so far as the same is depend- 
 ent on the voluntary act of the people, by any condition 
 except unconditional submission to the Constitution and 
 laws of the United States. In the language heretofore sol- 
 cmnly adopted by Congress, the war ought not to be 
 waged on our part for any purpose of conquest or subjuga- 
 ti' n, or purpose of overthrowing or intorforing with the 
 rights or established institutions of those States, but to de- 
 fend and maintain the sup-.-einacy of the Constitution and to 
 preserve the Union, with all the dignity, equality, and 
 rights of the several Slates unimpaired ; and as soon as 
 those objects areaccomplishod the war ought to cense. 
 
 3. That all necessary and proper appropriations of money 
 ought to be promptly made by this Congress for the sup- 
 port of the military and naval forces of the Government, 
 and all measures of legislation necessary to increase and 
 promote the etCciency of the army and navy and to main- 
 tain the public credit ought to be adopted; "that through a 
 vigorous prosecution of the war, peace, on the basis of the 
 union of the States and the supremacy of the Constitution, 
 may be the most speedily obtained. 
 
 Which were laid upon the table — yeas 88, 
 nays 66, as follows : 
 
 Yeas— Messrs. Alley, Arnold, Ashley, John D. BaUhvin, 
 Baxter, Be.aman, Blaine, Blow, Boutwell, Boyd, Brandegee, 
 Broomall, Ambrose W. t^lark, Freeman Clarke, Clay, Cobb, 
 Cole, Creswell, Hemy Winter Davis, Dawes, Dixon, Don- 
 nelly, Driggs, Dumont, Eckley, Eliot. Farnsworth, Fcntou, 
 Frank, Garfield, Gooch, Grinnell. Iliul'v, Ibn'ppr, lIot( hkiss 
 Asahel W. Hubbard, John U. lIuMiaiil, llulliird, J.nckesj 
 Julian, Kasson,Franci3W. Kellog-, Orlaiid" Killu^-!;, Loan, 
 Longyear, Lovejoy, Marvin, McBride. McClurs, Mclndoe, 
 Samuel F. Miller, Moorhead, Morrill, Danicd Jlorri.s, Amos 
 Myers, Leonard Myers, Norton, Charles O'Neill, Ortli, Pat- 
 terson, Perham, Pike, Pomerov, Price, William II. Randall, 
 Alexander H. Rice, John H. Rice, Edward H. Rollins, 
 James S. Rollins, Schenck, Scofield, Shannon, Sloan, Smith- 
 ers, Spalding, Stevens, Thayer, Thomas, Upson, Van Valken- 
 burgh, Ellihu B. Washburne, William B. Washburn, Whaloy, 
 Williams, Wilder, Wilson, Windom, Woodbridge — 18. 
 
 Nats— Messrs. James C. Allen, William J. Allen, Ancona, 
 Baily, Augustus C. Baldwin, Jacob B. Blair, Bliss, Brooks, 
 ^\illian^6. Brown, CVianler, Coffroth, Cox, Cravens, Daw- 
 son, Denison, Eden, Edgerton, Eldridge, English, Finck, 
 Ganson, Grider, GriswoUl, Hall, Harding, Harrington, Ben- 
 jamin G. Harris, diaries M. Uarns, Herrick, Holnum, 
 
190 
 
 LEGISLATION, ORDERS, PROCLAMATIOXS, ETC. 
 
 William Johnson, Keman, Kiny, Knapp, Law, Laze.ar, Ze 
 Blond, Ijonfl, ila'tory, ilarcy, McDowell, MrKinncy, W.l- 
 Uam H. Miller, James li. Morris, Mnrrisem, jS'lsfm, Xohle, 
 Odell, John O'Ndll, Pendleton, Robinson, lioi/rrs, Jirss, 
 Si'otI, Smith,. lohn R. Steele, Stuart, Voorhies, Wadsworth, 
 Ward, WUedcr, CUiWm A White., Joseph W. White, Win- 
 field, Wmando Wood, Yeuman — CO. 
 
 Feb. 3 — Mr. Coffroth asked consent to oifer 
 this preamble and resolution; 
 
 Wliereas tliis onco happy .inil prosperous nation has been 
 for nearly three years attempting to crush a cru'l, unjust, 
 and unrighteous rebellion; and whereas Congress did on 
 the 2_'d of July, 1861, with unparalleled unanimity declare 
 '• that in this national emergency. Congress, banishing all 
 feelings of mere passion or resentment, will recollect only 
 its duty to the whole country; that this war is not waged 
 on their part in any spirit of oppression, or for any purpose 
 of conquest, or sul.jugation, or purpos!^ of overthrowing or 
 interfering with the rights or estiblished institutions of 
 tlieso States, but to defend and m:iintain the supreincc;/ of 
 the Constitution, and to preserve the Union with all the 
 dignity, equality, ami rights of the several States nnlm- 
 l>;Ured ; and that as soon as these objects are accomplished 
 the w;ir ought to ce.uso ;" and whereas the President of the 
 United States did, on the 22d of September, A. D. 18C2, and 
 on the Ist of January, A. D. 1863, and on the 8th of Decem- 
 ber, A. D. 1863, issue proclamations in direct violation of 
 this resolution; and whereas said proclamations have ili- 
 vided the Union people of the North, who at one time were 
 united in their efforts to crush the rebellion: Therefore, in 
 order to unite all the Union-loving people, and to carry out 
 the spirit of said resolution and restore the "Union as it 
 was" under the " Constitution as it is." 
 
 Be it resolved. That the President of the United States 
 be respectfully requested to withdraw said procbimations, 
 so that all the Union-loving people may again unite to man- 
 tain the supremacy of the Constitution, and to preserve the 
 Union with all the dignity, equality, aud rights of the sev- 
 eral States unimpaired. 
 
 To which Mr. Grin'nell objected. 
 18G3. December IG — Mr. James S. Rollins 
 offered this resolution : 
 
 Resolved, That, prompted by a just patriotism, we are in 
 favor of an earnest and successful prosecution of the war, 
 and that we will givoaw^arui and hearty support to all those 
 measures which will be most effective in speedily overcom- 
 ing the rebellion and in securing a restoration of peace, and 
 wliich may not substantially infringe the Constitution and 
 tend to subvert the true theory and character of the Gov- 
 enunent; and we hereby reiterate that the present deplor- 
 able civil war has been forced upon the country by the dis- 
 unionists now in revolt against the constitutional govern- 
 ment ; that in the progress of this war, Congress, banishing 
 aH feeling of mere p;ission or resentment, will recollect 
 only its duty to the whole country; that tliis war is not | 
 waged on our part in any spirit of oppression, nor for any 
 purjwse of conquest or subjugation, nor purpose of over- 
 throwing or interfering with the rights or established insti- 
 tutions of those States, but to defend and maintain the 
 supremacy of the Constitution, and to preserve tho Union 
 ■with all the dignity, equality, and rights of the several 
 States unimpaired; that as soon as these objects are accom- 
 plished, the war ought to cea-se. 
 
 A motion that the resolution be tabled was 
 disagreed to — yeas 52, nays 115, as follows: 
 
 Yeas — Messrs. Alley, Allison, Amos, Anderson, Ashley, 
 Baxter, Beaman, Blow, Boutwi^ll, Boyd, Braiidegoe, Ihooni- I 
 all. Cole, Thomas T. Davis, Dixon, Donmdly, Driggs, Du- i 
 mont, Eckley, Eliot, Garfield, Oooch, Grinnell, Hooper, i 
 Ilotchkiss, Hulburd, Julian, Kelley, Francis W. Kellogg, 
 Loan, Longyear, Lovejoy, JleCiurg, Mclndoe, Moorliead, | 
 Amos Myers, Leonard Myers, Norton, Charles O'Neill, Orth, I 
 Perhani, Pomeroy, Pi-ice, Sclienck, Sloan, Spilding, Ste- I 
 Tens, Upson, Van Valken burgh, William B. Washburn, 
 Whaley, Wilder— 52. 
 
 Nats — Messrs. James C. Allen, William J. Allen, Anemia, 
 . Bail!/,AuffUStus C. Baldwin, John D.Baldwin, Blaine. Jacob 
 B. BJair, Bliss, Brooks, James S. Brown, Chanter, Ambrose 
 W. Clarlc, alai/, Cobb, Onffroth, Cox, Cravens, Creswell, 
 Henry Winter Davis, Dawes, JJawson, Deming, Denisim, 
 Ijden, Edgrrlon, hUlridije, English, Kariisworth, Fentun, 
 Finck, Frank, Ganxon, Grider, GriswoUl, Hale, Ifall, Hard- 
 ing, Harrington, Benjamin G. Harris, Cltarles M. Harris, 
 Herrick, Higby, Hoiman, Asahel W. Hubbard, Hiitrhins, 
 Philip Joh)is(,n, Wm. Johnson, Kasson, Orlando Ivillogs;, 
 Kernan, King, Knapp,Law, Lazear, Le Blond, Long. Mul- 
 lory, Marcit, Marvin, McAllister, McBride, McDowell, Mc- 
 Kinney, Middleton, Samuel F. Miller, Wm. H. Miller, Mor- 
 rill, Daniel Morris, James R. Morris, Mm-risim, Xelson, 
 KohU, OdeU, John O'A'eiU, Patteraon, Pendleton, Perry, 
 
 Pike, Radford. Samuel J. Randall, William H. Rnnd.ill. 
 Alexander II. Kice, Robinson, Ro/ers, Edward II. Rollins, 
 Jas. S. Rollins.Ross, Scofield, Scot!, Shannon, Smith, Smith- 
 ers, Slebhins, John B. Steele, Wm. G. Steele, Stiles, Slrouse, 
 S'uart, Sweat, Thayer, Tracy, Voorhees, Wadsworth, Ward, 
 Ellihu B. Wiishbuiiie, Webster, Wheeler, Chilton A. WhitA, 
 Jose/jh W. White, Wilson, WinJieUl, Femundo Wood, Wood- 
 bridge, Ycamaii — 115. 
 
 It then went over under the rule ; and 
 
 May 30 — Mr. Fkrnando Wood moved that it 
 be laid on tlie table, which was rejected — yeas 
 27, nays 114, as follows: 
 
 Yeas — Messrs. Allison, Ames, Anderson, Arnold, John D. 
 Baldwin, Brandegee, Creswell, Thomas T. Davis, Dawes, 
 Donnelly, Eliot, Farnsworth, Garfield, Grinnell, Asahel W. 
 llubbard. John II. Hubbard, Hulburd, Littlejohn, Schenck, 
 Sloan, SpaUUng, Stevens, Ellihu B. Washburno, Wilder, 
 Wilson, WicJom, Fernando Wood — 27. 
 
 NArs — Messrs. James C. Allen, Alley, Ancona, Baihj. Aur 
 gustus C. Baldwin, Baxter, Beaman, Blaine, Jacob B. Bl.iir, 
 Bliss, Bovd, Brooks, James S. Brown, Chanter, Ambrose W. 
 Chirk, Freeman Clarke, Cobb, Coffroth, Cole, Cor, Cravens, 
 D-tu'son, Eckley, Fden, Edgerion, Eldridge, English, Fenton, 
 Finck, Frank, Ganson, Gooch, Griswold, Harding, Harring- 
 ton, Charles M. Harris, Herrick. Higby, Hoiman, Hooper, 
 Ilotchkiss, Hutchins, IngersoU, Jenckes, Philip Johnson, 
 Will ia III Johnson, Kasson, Kelley, Orlando Kellogg, Kernan, 
 King. Kn'ipp, Le Llrnid, Loan, Long, Longyear, Mallory, 
 Marcy. Marvin, McAllister, McBride, McClurg, McDmcell, 
 Samuel V. Miller, Morrill, James R. Morris, Morrison, Amog 
 Mvers, Leonard Slyers, Kelson, Noble, Odell, Charles O'Neill, 
 John O'Neill, Orth, Patterson, Pendleton, Perham, Pike, 
 Pomeroy, Price, Prwjv, Radford, Samitel J. Randall, Wm. 
 II. Ilandall, AKxander II. Rice, John H. Rico, Rogers, Ed- 
 ward II. Rollins, James S. Rollins, Ross, Scofield, Scott, 
 Shannon, Smith, Smithers, John B. Steele, William G. 
 Steele, Stiles, Sweat, Thayer, Thomns, Upson, A'an Valken- 
 burgh, Voorhees, Wadsxvorth, William B. Wasbburn. 
 Webster, Whaley, Wheeler, Joseph W. While, WilUams, 
 Woodbridge, i'eaman — 114. 
 
 On motion of Mr. Morrill, it was then re- 
 ferred to the Committee on the Rebellious 
 States — yeas 81, nays G6. 
 
 First Session, Thirty-Eighth Congress. 
 IN SENATE. 
 
 1864, February 23 — Mr. Carlile introduced 
 this joint resolution, which was ordered to be 
 printed: 
 
 Resolved, rf-e., 1. That the military power of the Govern- 
 ment can only be rightfully exerted against individuals in 
 arms opposing its authority. That the prosecution of hos- 
 tilities against the citizens of the States in rebellion ought 
 to bo for the sole puqiose of maintaining the constitutional 
 Union, and for the restoration of tho Union upon the basis 
 of the Constitution, leaving to each State the regulation of 
 its own domestic policy, and protecting each and all in the 
 enjoyment of tho right of self-government as recognized liy 
 tho Constitution of the United States. 
 
 2. Tliat tho I'residcnt be requested to declare by procla- 
 mation, whenever the people of any of the States now re- 
 sisting tho authority of the United States shall reorganize 
 tlieirState government by repudiating the ordinances of 
 sec ssion adopted in their name and shall recognize their 
 oiili.;;:itions to the Union under the Constitution, full par- 
 don and amnesty to the people of such State, assuring the 
 citi/.ens thereof that all their rights of person and of projv 
 erty under tho Constitution shall be restored to and en- 
 joyed by them ; excepting, however, from such pardon and 
 amnesty such persons as shall be desigiuitcd by the Legis- 
 latures of the several States as fit persons to be held for 
 trial before tho judicial tribunals of the United States under 
 the laws thereof. 
 
 ITS PROSECUTION. 
 Special Session of Senate— 1861. 
 18C1, March 2G — Mr. Breckinridqe offered 
 this resolution: 
 
 Resolved, That the Senate recommend and advise the re- 
 moval of the United States troops from the limits of the 
 Confederate States. 
 
 Mr. Clingman offered this substitute : 
 Resolved, That, in tho opinion of the Senate, it is expedi- 
 ent that tho President should withdraw all the tioo[is of 
 the United States from tho Statosof South Carolina, Georgia, 
 
LEGISLATION, ORDERS, TROCLAMATIONS, ETC. 
 
 291 
 
 Flnrida, Alabama, Jlississippi, Louisiana, and Texas, and 
 a1)Stai!i ti-om all attempts to collect revenues in the said 
 States. 
 
 March 2T — Mr. Trumbull offered this reso- 
 lution : 
 
 He^oh-ed, That, in the opinion of the Senate, the trne 
 ■way to preserve the Union is to enforce the laws of the Union; 
 that resistance to their enforcement, whether under the 
 name of anti-coercion or any other name, is encouragement 
 to disunion; and that it is the duty of the President to use 
 all the means in his power to hold and protect the public 
 property of the United States, and enforce the laws thereof, 
 as well in the States of South Carolina, Georgia, Florida, 
 Mississippi, Alabama. Louisiana, and Texas, as within the 
 other States of the Union. 
 
 No vote was taken upon either of these prop- 
 ositions. 
 
 First Session, Thirty-Seventh Congress. 
 IN SENATE. 
 
 ISGI, July 26 — The Senate passed the follow- 
 ing resolution, offered by Mr. Clark : 
 
 He it rpsolvetl, rf-c. That we, as representatives of the peo- 
 ple and States, respectively, do liereby declare our fixed de- 
 termination to maintain tlie supremacy of the Government 
 and the integrity of the Union of all these United States; 
 and to this end, as far as we may do so, we pledge the entire 
 resources of the Government and people, until all rebels 
 shall submit to the one and cease their efforts to destroy 
 the other. 
 
 The vote was — yeas 34, nays 1, as follows: 
 YE.VS — Messrs. Anthony, Bingham, Browning, Chandler, 
 Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, 
 Foster. Grimes, Hale, Uarris, Howe, Johnson of Tennessee, 
 King, Lane of Indiana, Lane of Kansas, Latham, M^Dtmijall, 
 Morrill, Kesmith, Pomeroy, SauUbunj. Sherman, Simmons, 
 Sumner, Ten Eyck. Thomson. Trumbull, Wade, Willey — 34. 
 Nays — Mr. Breclcinriilge — 1. 
 
 IN HOUSE. 
 
 July 15 — Mr. McClekn.\sd offered the fol- 
 lowing resolution : 
 
 Whereas a portion of the people of the United States, in 
 violation of their constitutional obligations, have taken up 
 arms against the National Government, and are now sti-iv- 
 ing, by aggressive and "iniquitous war, to overthrow it and 
 break up the Union of these St^ites : Therefore, 
 
 Resolved, That this House hereby pledges itself to vote 
 for any junount of money and any number of men which 
 may be necessary to insure a speedy and effectual suppres- 
 sion of surli rebellion and the permanent restoration of the 
 Federal authority everywhere within the limits and juris- 
 diction of the United States. 
 
 The resolution wa? agreed to — yeas 121, 
 nays 5, {Burnett, Grider, Norton, Eeid, and 
 Benjamin Wood.) 
 
 .July 22 — Mr. Vandever asked consent to offer 
 this resolution : 
 
 Resolved, That the maintenance of the Constitution, the 
 preservation of the Union, and the enforcement of the laws, 
 are sacred trusts which must be executed ; that no disaster 
 shall discourage us from the most ample performance of 
 this higliduty; and we pledge to the country and the 
 world the employment of every resource, national and indi- 
 vidual, for the suppression, overthi'ow, and punishment of 
 rebels in arms. 
 
 Consent was first refused, but it was after- 
 wards offered, and by unanimous consent, 
 considered and agreed to. 
 
 July 22 — Mr. Wright, of Pennsylvania, of- 
 fered this resolution : 
 
 Resolved, That the reverses of the army of the United 
 States yesterday, the 21st instant, at Bull's Run, caused by 
 the rebel army, have in no manner impaired the ultunate 
 success of our arms, but that the cause of human liberty, 
 the preservation of the Union, and the maintenance of the 
 laws pervading the hearts and affections of more than 
 twenty millions of people, are a sure and certain guarantee 
 that the flag of our country shall be upheld, and the Union 
 preserved to the people : that we call on all loyal people 
 of the Union to respond manfully to the demand of the 
 (lovernment in furnishing men and money, and to stand 
 tog"Uier in its fcup^.ort with their lives and fortunes. 
 
 The resolution was laid on the table, with- 
 a call of the yeas and nays. 
 Second Session, Thirty-Seventh Congress. 
 IN SENATE. 
 
 1862. May 26 — .Mr. Sumner offered this reso- 
 lution : 
 
 Re^whrd, Tiiat in the prosecution of the present w.ir for 
 the suppression of a wicked rebellion, the time has come 
 for the Government of the United States to appeal to the 
 loyalty of the whole people everywhere, b<it especially in 
 the rebel districts, and to invite all, without distinction of 
 color or class, to make their loyalty manifest by ceitsing to 
 fight or labor for the rebels, and also by rendering every 
 assistance in their power to the cause of the Constitution 
 and the Union, accoi-ding to their ability, whether by arms, 
 or labor, or information, or in any other way ; and, since 
 protection and allegiance are reciprocal duties, dependent 
 upon each other, it is the further duty of the Government 
 of the United States to maintain all such loyal people, 
 without distinction of color or class, in their rights as m<rj, 
 according to the principles of the Declaration of Independ- 
 ence. 
 
 June 18 — Mr. Grimes offered this resolution : 
 
 Resolved, (as the opinion of the Senate.) That it is the 
 right and duty of the Government to call all loyal persons 
 within the rebellious States to its armed defence against the 
 traitors who are seeking its overthrow. 
 
 Tnird Session, Thirty-Seventh Congress. 
 IN HOUSE. 
 
 1862, December 5 — Mr. Morrill offered the 
 following resolution : 
 
 Resolved, Tliat at no time since the commencoment of the 
 existing rebellion, have the forces and materials iu tbe 
 hands of the executive department of the Government been 
 so ample and abundant f iv the speedy and triumphant term- 
 ination of the war as at the present mome: t ; and it is the 
 duty of all loyal American citizens, reg:irdless of minordif- 
 feiences of opinion, and especially the duty of every officer 
 and Soldier in the field, as well as the duty of every depart- 
 ment of the Guverument — the legislative branch included — 
 as a UM t, to cor^ ially and unitedly st, ike down the assas- 
 sins, at once and forever, who have conspired to destroy onr 
 Constitution, our nationality, and that prosperity and free- 
 dom of which we are ju-^tiy proud at home and abroad, and 
 which we stand pledged to perpetuate forever. 
 
 Which was agreed to — yeas 105, nays 1, as 
 follows : 
 
 Yeas — Messrs. Aldrich, Arnold. Ashley, Babbitt, Baity, 
 Baker, Baxter, Beaman, Bingham, Blake, William G. 
 Brown, Butlint:'n, Chamberlain, Clark, Clements, Co66, Col- 
 fax, Fredericlr A. Conkling, Eo'coe Conkling, Corning, Cox, 
 Cravens, Cutler, Davis, Dawes, Delano, Ducll, Durdap, 
 Dunn, Edgcrton, Eliot, Ely, Fen ton, Samnel C, Fessenden, 
 Tnomas A. D. Fessenden, Fisher, Franehot, Frank, Gooch, 
 Goodwin, Graoger. Gr ider, GwrXvy, Hale, i/a/i, Ilardson, 
 Hickman, Holman. Hooper, Hortou, Hiitcliins, Julian, Kel- 
 ley, Francis W. Kellogg. Wm. Kellogg, Learv, Loomis, Love- 
 joy, L!>w, McPherson. Maynard, Mitchell, Moorhead, Justin 
 S. M rrill, Nixon, Koble, Nugen, Odell, Olin, I'atton, Perry, 
 Pike, Pomeroy, Porter, Price, John H. Kice, Pviddle, E. H. 
 Itr.Uins, ^argent, Sedgwick, Segar, Shanks, Sheffield, Shclla- 
 barger. Smith, Spauldiug, Jo/m B.SUele, Wm. G. Steele, Stc- 
 vens,^ tratton, Benjamin F. Thorn as, Francis Thonas, Train, 
 Trowbridge, Van Horn, Van Vali<enburgh, A'an Wvck, 
 Walker, Wallace, Whaley, Wilson, Wiudom, iFoodruff, Wor- 
 cester, Wright— Wb. 
 
 Nat— Mr. William J. Allen— \. 
 
 Mr. Cox offered the following resolution : 
 
 Resolved, That the word "assassins," used in the resolu- 
 tion tliis day offered by the member from Vermont, [Mr. ' 
 Morrill,] is intended by this House to include all men, 
 whether from the North or the South, who have beei^ 
 instrumental in producing the present war, and especially 
 those in and out of Congress who have been guilty of fla- 
 grant breaches of the Constitution, and who are not iu 
 favor of the establishment of tlje Union as it was and the 
 Constitution as it is. 
 
 Which was laid upon the table — yeas 85, 
 nays 41, as follows: 
 
 Yeas— Messrs. Aldrich, Arnold, Ashley, Babbitt, Baily, 
 Baker, Baxter, Beaman, Bingham, Jacob B. Blair, Samuel 
 S. Blair, Blake, Buffinton, Chamberlain, Clark, Colfax, 
 Frederick A. Conkling, Roscoe Conkling. Conway, Covode, 
 Cutler, Davis. Dawes, Duell, Dunn, Edgerton, Eliot, Ely, 
 
29' 
 
 LEGISLATIOX, ORDERS, PROCLAMATIONS, ETC. 
 
 Fonton, Samnol C. Feseenden. Thomas A. D. Fesscnden, 
 i'l-her, Francliot. Friiiili, lioodwin, llalc, Hiirrisou, Uickniun, 
 Hooper, HiJiton. lliitchins, Juliiui, Kolley, Loary, Looiuis, 
 , Lovejoy, Low, JlrPliirsun, Jlayimnl, Mitchell, Moorhead, 
 JustinS.Miiii-iII.(ilin,r;itt.iii. I'i'l;'. Pomeroy, Porter, Potter, 
 John II. Ri.e, Kiddle. Edward II. Itullins,Sargont, Sedgwick, 
 Segar, Shanks, A7i._//i' ? /, Slidlaliaigcr, Shrnnau, Sloan, 
 ■SpanUling, Stevens, Stratton, Benjamin F. Thomas, Francis 
 Thomas, Train, Trowbridge, Van Horn, Van Vallienburgh, 
 Van ■R'yck, Walker, Wallace, Washburne, Wilson, Wiudom, 
 Worcester — 85. 
 
 N.\YS — Messrs. William J. Allen, Ancmn, William G. 
 llrown, Clements, Cobb, Coming, Cox, Dimlap, English, 
 Granger, Gridcr, Hall, Harding, Holman, Jolinsryn, Lazear, 
 M illvry, ilcnncs, NobU, Nortom, A'ugen, Pendleton. P,:rr>i, 
 Price, Richardson, Robinson, Shirl, Smith, John li. Steele, 
 Wm. 6. Steele, Stiles, Vallandi'//iam, Vihbard, Vom-lieex, 
 Ward, Wlmlcv, Chilton A. White, WicUiffe, Woodruff, 
 Wrif/hf, Ycanmn-^l. 
 
 1862, December 15 — Mr. Conway offered the 
 following resolutions: 
 
 Resolved, That freedom and slavery cannot co-exist in the 
 same Government without producing endless strife and 
 civil war; that "a house divided against itself cannot 
 Btand;" and that " this nation must be all free or all slave." 
 
 2. That tlie American Union consists of those States 
 which are now loyal to the Federal Constitution. 
 
 3. That a restoration of the Union, as it existed prior to 
 the rebellion, would be a greater calamity than the rebel- 
 lion itself, since it would give new life to tlie "irrepressible 
 conflict," and entail upon the nation another cycle of bitter 
 contention and civil war. 
 
 4. That the seceded States can only be put down, if at all, 
 by being regarded as out of constitutional relations with 
 tlio Union, and by being assailed upon principles of ordinai'y 
 warfare as between separate nations. 
 
 5. That if any person in the employment of the United 
 States, in either the legislative or executive branches, 
 should propose to make peace, or should accept or adviss 
 the acceptance of any such proposition on any basis which 
 would restore the slave power to its former supremacy in 
 the Government, or by any new compromise or amendment 
 uf the Constitution recognize slavery as an element of 
 power, such person will be guilty of atigh crime. 
 
 6. Tliat the superior resources and military prowess of 
 the North in the struggle are beyond dispute, and that the 
 question of its success turns not upon its relative ability, 
 but on the fitness of its chief Executive Magistrate to give 
 eft'oct to its power. 
 
 7. That it is unsafe to intrust the execution of any system 
 of administration to persons who are not in cordial sym- 
 pathy therewith, and tliat no change of policy in the con- 
 duct of the war is more than nominal which is not accom- 
 panied by a complete change in the 2iersoniicl of the execu- 
 tive department. 
 
 8. That it is a matter for serious reflection whether an- 
 other election for President must not supervene before the 
 rightful authority of the nation can be established, and 
 whether, in the mean time, it is not a flagrant waste of our 
 energies to continue the wiir. 
 
 9. That unless the army of the West shall have swept 
 through the valley of the Slississipiu to its moulh, and the 
 army of the Potomac annihilated the legions of L-n; and 
 Jackson, thus subverting the mjlitaiy power of the robo!- 
 lion, within a reasonable time, the best Interests of the 
 country and humanity will require a eessatiou of hos- 
 tilities. 
 
 10. That the States of the North, composing the American 
 nation and wielding its power, must ever remain o'.io and 
 indivisible on the basis of freedom for all, without distinc- 
 tion of race, color, or condition ; that their mission must 
 ever be to extend their own civil zatiou over the entire 
 continent ; and that whatever derangements, difficulties, 
 checks, or defeats they may encounter, they must forever 
 cherish and pursue the Inspiring idea of nationality aud cou 
 tiuental dominion. 
 
 Which were laid upon the table — yeas 132, 
 f, nay 1, as follows : 
 
 Ye-\s — Jlessrs. Aldrich, William, J. Allen, Alley, Ancana, 
 Babbitt, liaily. Baker, Beaman, Biddle, Bingham, Samuel 
 S. Blair, Blake, William G. Brown, Buffinton, Caireri, Cham- 
 berlain, Clark, Clements, Cobh, Colfax, Freilerick A. Conk- 
 ling, Roscoo Conkling, Cor, Crisfield, Ci'Mendin, Cutler, 
 Dawes, Delano, Delaplaine, DuoU, Dunlap, Dunn, Ed.gerton, 
 Edwards, Eliot, Englixh, Fcnton, Samuel C. Fe.ssenden, 
 Thomas A. D. Fessenden, Fisher, Foidce, Franchot, Fr.ir.k, 
 Gooch, Goodwin, Granger, Gridcr, Gurley, Haight, Ilall, 
 Harding,^ Iliirrison, Hickman, Hntman, Hooper, Hutchins, 
 Julian, Kelley, William Kellogg, Kirrigan, Killinger, Lan- 
 sing, Leary, Loomis, Lovejoy, l-ow, McKnight. Mcl'lierson, 
 MaUary, Maynard, J/en«M," Mitchell, Moorhead, Anson P. 
 
 Morrill, Justin S. Morrill, Morris, Nixon, Noble, Koell,N'or' 
 ton, Odell, Pat ton, J'endleton, Pike, Pomeroy, Porter, Potter, 
 Price, Alexander II. Rice, John II. Rice, Richardson, Rid- 
 dle, Robinson, Edward 11. Rollins, Sargent, Sedgwick, Se- 
 gar. Shanks, S'leffuld, Shelhibarger, Sldel, Sloan, Smith, 
 Spaulding, John B. Steele, Stiles, Stratton, Benjamin F. 
 Thomas, Francis Thomas, Train, Trimble, Trowbridge, Val- 
 landighum, \:>n Ibirn, Van Vnlkenburgh, Verree, Wads- 
 Wf,rth, WiAkcr, Wall, \Vallace, mfrd, Washburne, Whaley, 
 Albert S. White. chiltonA. White, iric/rfiV/e, Wilson, Win-, 
 dom, Woodniif, Worcester, Writ/ht, Kafttan— 132. 
 Nat — Mr. Conway — 1. 
 
 1863, January 5 — Mr. Blake offered the fol- 
 lowing resolution: 
 
 Ri'.iolved, That this House earnestly desires the most 
 speedy and effectual measures taken to put down the rebel- 
 lion : that any propositions for peace or cessation of hostili- 
 ties at this time on any terms other than an unconditional 
 submission of the rebels now in arms against the Govern- 
 ment to the requirements of the Constitution and laws, 
 would be pusillanimous and traitorous; that the members 
 of this House do hereby give the most earnest assurances 
 to the people of the United States that they will cheerfully 
 co-operate with the President aaCommander-in-Chief of the 
 Army and Na^■y in any measures he may deem proper, 
 sanctioned by the Constitution and the laws of civilized 
 warfare, to strengthen the military power of our gallant 
 soldiers in the field defending the Government, and to 
 weaken that of the enemy laboring to destroy it. 
 
 2. That the only alternative-Government can or ought at 
 this time to offer to rebels, is, submit or be conquered. 
 
 AVhich was considered, but no action taken 
 thereon. 
 
 January 8 — Mr. Holman offered the follow- 
 ing resolution : 
 
 Resolved, That the duty of maintaining the integrity of 
 the Union of the States under the present form of govern- 
 ment, with the limitations of the Constitution unimpaired, 
 is most sacred anil obligatory, and no proposition tending to 
 destroy the Union, or violate the obligations of the Consti- 
 tution, can rightfully be entertained or considered by the 
 representatives of the people in any of the departments of 
 the Government. 
 
 2. Tliat the free and unrestricted navigation of the IMis- 
 sissippi I'iver must be restored and maintained as the com- 
 mon and absolute right of the people of all of the States, 
 aud the duty to vindicate the same against every effort to 
 impair it, is imperative, and cannot, under any circum- 
 stances, be abandoned by the Government of the United 
 States. 
 
 The consideration of which was postponed 
 until the 14lh instant, but not again called up. 
 
 First Session, Thirty-Eighth Congress. 
 IN HOUSE. 
 
 1864, January 1 — Mr. Amos Myers offered 
 the following, which were referred to the telect 
 Committee on the Rebellious States : 
 
 Whereas, in the opinion of this House, the Federal Gov- 
 ernment is invested by the Constitution of the United 
 States with all necessary power and authority to suppress 
 any resistance, whether armed or unarmed, to the riyhtful 
 power and jurisdiction of the United States: Therefore, 
 
 Be it resolved. That in this national emergency Congress 
 will forego all feeling of mere passion, except that which 
 loyalty dictates, all resentment except such as is due to 
 treason; and that this war of national self-defence against 
 armed rebels, insurrectionary traitors, and sympathizing 
 abettors, should be waged on our part initil such rebels and 
 traitors are conquered into love for the Union, and made 
 obedient to the Constitution and laws of the United States, 
 and take the oath of allegiance to the country, and of suli- 
 niission to the emancipation proclamation, and the procla- 
 mation of December 8, 1863; and when those objects are 
 accomplished, the leading rebels and chief traitors should 
 be hung, and the war cease. 
 
 1804, January 18 — Mr. Green Cl.vy Sjuth 
 offered this preamble and resolution : 
 
 Whereas a most desperate, wicked, and bloody rebellion 
 exists within the jurisdiction of the Ljiited States, and the 
 safety and security of personal aud national liberty depend 
 upon iU utter and absolute extinction : Therefore, 
 
 Resolved, That it is the political, civil, moral, and sacred 
 duty of the people to minjt it, fight it, crush it, and forever 
 destroy it. 
 
LEGISLATIO^% ORDERS, PROCLAMATIONS, ETC. 
 
 293 
 
 Mr. James C. Allen moved to lav them on 
 the table; which was disagreed to — yeas 26, 
 nays 102. 
 
 The Yeas were : 
 
 Messrs. James C. Allen, Jncona, Drools. Chankr, Dem- 
 ing, Venison, Kdm, Edgirtvn, Eldrklge, MrricL; William 
 Jolirn'on, Knapp, Long, Marcy, McDoivcU, McKinncj, Wm. 
 II. MiUrr, Pendleton, Robinson, Hosa, mid-; Strouse, Vow- 
 heeg, Chilton A. White, Fernando Wood, Icama/i— 26. 
 
 The resolution was then agreed to — 3 eas 112, 
 nays 16, as follows : 
 
 Teas — Messrs. Alley, Allison, Ames, Arnold, Ashley, 
 Bail)/, Augustus C. Baldwin, John D. KaUlwin, Biixter, 
 Blaiiie, Francis P. Blair, jr., Jacob B. Clair, Eoutwell. Boyd, 
 Brandegee, Broomall, James .V. Bv' im. Uiliiaiii G. Bruv. 11. 
 .Ambrose W. Clark, Freeman Clark-, r '- . '•, ,, ; , f 1 , ^- 
 well, Dawes, Deming, Dixon, Donii' . i i ' - 
 
 driOge, Eliot, English, Farnswurth. I . 
 
 Garfield, Gooch.Griniirll. C/ (Vic- A, ;: . // -• / ;. Ili i >. 
 Hulman, Hooper, ll,a i;l.i -. A- ,:, \. in, ■\:a^\, Ifatrlni's, 
 Jenckes, Julian, K:i- : i^ \ 1 - \V. Kellogg:, Or- 
 
 lando Kelloda:, A'r/. I ! I.i.vejov, Marvin, 
 
 McCride. McClm-s, M 'n: 1/ . S.murl F.Miller, 
 
 Jlourhtad. Jlorrill, Daiiiel Morri:?, Amus Mvers, Leonard 
 Jlyers. Xehon, Odell, Charles O'Xeill, Orth, Patterson, 
 Pike, Pomeroy, Price, Badfurd, William H. Uandall, Alex- 
 ander 11. Ki>^e, John U. Kice, Rogers, Edward II. Rollins, 
 James S. Rollins, Schcnck, Scolicld, Shannon, Smith, Sniith- 
 ei-s, Spalding, ktehbins, Stevens, Ulrouse, Stuart, Sweat, 
 Thayer, Thomas, Tracy, Upson, Van Talkenburgh, Wads- 
 worth, Elhhu B. AVashlmrne, William B. Washburn, Web- 
 Bter, Whaley, IVhctkr, Williams, Wilder, Wilson, Wiadom, 
 Winfield, Woodbridge— 112. 
 
 Nays — Messrs. J. C. Allen, Jncona, Bcnison, Benjamin G. 
 IIa)~ris, Long, Marcy, A'cDotcell, William H. ililUr, Morri- 
 son, John O'Neill, Pendleton, Robinson, Stiles, Voorliees, 
 Ciiilton A. White, Fernando Hood— 18. 
 
 18G4, Fob. 8— Mr. Wm. G. Brown offered 
 the following resolutions, which were laid over 
 under the rule : 
 
 Wliercas our beloved country, our highly cherished in- 
 stitutions. Constitution, and Union of tlie States, are all 
 inxpiiiUed by a causeless aud wicked rebellion: Be it 
 therefore, 
 
 Resolved, That it is the duty of every loyal citizen to 
 give to the Government, and to the agents "in its employ, 
 both in the cabinet and in the field, all the legitimate aid 
 and comfort in his power in their efforts to put down such 
 rebellion. 
 
 2. That, as the rebels began the war, we will prosecute it 
 until the last insurgent is disarmed and theauthority of the 
 United States acknowledged over every foot of ground be- 
 longing to the Eepublic. 
 
 3. Thut in the i)rosecution of the war wo will use all the 
 milit4xry power of the Government, but will combine with 
 it all the means of conciliation calculated to give to the 
 Government and country an honorable and lasting peace. 
 
 i. That it is the duty of the Government, so far as it is in 
 its power to give equal protection to all loyal citizens with- 
 out reference to their locality, whether resi<Ung within the 
 seceded or loyal States; and one of the strong incentives 
 to a vigorous prosecution of the war is to rescue our loyal 
 brethren of the rebellious States from the domination of a 
 military despotism. 
 
 1864, Feb. 8— Mr. Jacob B. Blair offered 
 the fo lowing preanib'e and resolutions, which 
 were laid over under the rule; 
 
 Whereas the present deplorable civil war was inancru- 
 rated and is still carried on by a few desperate but daring 
 men who, without any cause wliatcver, have not only filled 
 the land with widows and orphans and causc<l alnKi.-t un- 
 told millions of treasure to bo spent, but have put in peril 
 the very life of that Government which never deprived 
 them of one so'itary right, but which was so mild and be- 
 neficent it was only known by the blessings it conferred. 
 And whereas Jefferson Davis, the chiefof rebels, is reported 
 to have said in a speech delivered in J;:ck.':i>n, Mississippi, 
 in December, 1862 : "My only wonder is that we couseuted 
 to live so long a time in assnciation with such miscreants 
 (referring to the people of the North) and have loved a 
 Government rotton to the core. Were it ever to bo pro- 
 posed again to enter into a union with such a people I 
 could no more consent to do it than to trust myself in a 
 den of thieves." And whereas this same high official in 
 the great synagogue of rebeldom has repeatedly since, in 
 his niessagi.s to the Rebel Congress, utterly repudiated the 
 
 idea of ever ceasing his wicked designs and returning to 
 his allegiance to the Government, whoso Constitution and 
 laws ho has tramilod under foot ; and has also declared 
 ihat no compromise would be entertained by him, or thoso 
 he represents, that did not secnre to the t^tates in rebellion 
 their independence and final separation from the United 
 States. And whereas Alr-xander H. Stephens, the Vico 
 President of the so-called Southern Confederacy, is reported 
 to have said in a speech d( livered i;i the month of July, 
 18G;'., at Charlotte, North Carolina, ".\sfor reconstruction, 
 such a thing was imi)ossibIe ; such an idea must not bo 
 tolerated for an instant. Reconstruction would not end the 
 war, but would produce a more horrible war than that in 
 which we are now engaged. The only terms on which we 
 can obtain permanent peace is final and complete separa- 
 tion from the North. Rather than submit to anythiag short 
 of that, let us all resolve to die like men worthy of free 
 dom." And whereas John Letcher, in one of his messages 
 to tlie rebel legiidature of the State of Virginia, declared : 
 " The alliance between us is dissolved, (meaning between 
 the United States aud the southern States,) never, I trust, 
 10 be renewed, at any time, under any conceivable state of 
 circumstances." And whereas the Richmond Enquirer, 
 one of the organs and advocates of this imaginary South- 
 ern Confederacy, in its issue of January 9, 1803, says : 
 " Separation is inevitable. War has failed to prevent it. 
 Peace cannot stop it. An armistice with propositions for 
 reconstruction by constitutional amendments of conven- 
 tions of States would very soon reveal the fact that separa- 
 tion was final ; and so far as one generation can speak for 
 its successors, it is eternal." And whereas the jRic/imMui 
 Dispatch ot January 10, 1863, another organ of the leaders 
 of this wanton and unprovoked rebellion, said in response 
 to a peace and reunion speed), didivered in New York by 
 the editor of the Express, "Tliat wo assure him that the 
 people of the Confederate States would infinitely prefer 
 being the vassals of France or E'lglnnd : nay, they would 
 prefer to be serfs of Russia, fo becomi g in any manner 
 whatever associated politically or otherwise with tbo 
 Yankee States." And further, "that President Davis ex- 
 pressed the sentiment of the entire Confederacy in his 
 speech the other night, (in Richmond,) when he said 'tl;o 
 people would sooner unite with a nation of hyenas than 
 with the detest;ible Yankee nation. Anything but that. 
 English colonization, French vassalige, Russian serfdim — 
 ail, all are preferable to any association with the Yan- 
 kees.' " And whereas the Richmond Sentinel, still another 
 advocate of this new-fledged Confederacy, in its comments 
 on the proceedings of what is kn'^wn as the Frank Picrco 
 meeting, held at Concord, New Hampshire, on the 4th ot 
 July, 1363, says, " Do the Nc'W Campshire Democrats sup- 
 pose for one moment that we could so much as thi7tJcot a 
 reunion with such a peopie ? Ruthcr tell one to be wedded 
 to a corpse ; rather join hands with tuo fiend from the pit. 
 The blood of many thousands of martyrs is betw en us. 
 A thousand feelings of horror repel the idea of a renewal 
 of affection." And whereas Qio Richmond TFTii^, a;iothcr 
 moiUh-picce of treason a;-d of crime, in its issue ofthelOlh 
 of January, 1863, speaking of those who are opposed to 
 breaking up the Union bequeathed to them by their lather.s, 
 says, "They arc by nature menials, aud fitted only for 
 menial duties. They are in open and flagrant insurrec- 
 tion against their natural lords and masters, the gentlempn 
 of the South. In the exercise of their assumed luivilegcs 
 they deport themselves with all the extravagant airs, tho 
 inso'eiico, the cruelty, the cowardice and love of rapine, 
 which have ever characterized the revolt of slaves. Tho 
 former leniency of their masters only serves to aggravate 
 the ferociiy of their nature. When they are again reduced 
 to subjection, aud taiigHt to know their place, we must take 
 care to put such trammels about them that they will never 
 have an opportunity to play their tricks again." It is, 
 theref ire, 
 
 1. Res'lred. That any attempt on the part of the Govern- 
 ment of the United States to conciliate tho leaders of tho 
 present rebellion, or compromise the questions involved, 
 would bebutanatteniptontlieonehandtorobthegallowsi'f 
 its own, and on the otlier to humiliate and bring into utter 
 contempt this Government in the estimation of tho civilized 
 world. 
 
 2. That every State which has ever been is still a State in 
 the Union, and that when this rebellion shall li.ivo been put 
 down e.ich of tho so-called seceding States will have tho 
 same rights, privileges, and immunities under the Constitu- 
 tion as any of tho loyal States, except so far as the holding 
 of African slaves in bondage is affected by tho President" a 
 proclamation of the 1st of January, 1863, the action of Con- 
 gress on tho subject, or the events of the war. 
 
 3. Tliat this House utterly repudiate tho doctrine ad- 
 vanced by some, that the so-called seceding States have 
 ceased to be States of and in the Union, and liave be- 
 come Territories thereof, or stand in the relation of foreign 
 powers at war therewith. 
 
294 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 1864, Feb. 29— Mr. Schenck offered tbese 
 resolutions : 
 
 Resolved, That the present war wliicli t)iis Government 
 i.s CiUTving on against armed insiirrcL-tiunists and otliere, 
 banded together under the name ol' '-j^outhern Coiifed- 
 eraey," was broii.i;ht ou l>y a wii-kod and wholly unju.stifia- 
 lilo roUdliou, and ail i '; i • n ::i .i.l in or aiiling or eneour- 
 a^iug it are public I II- . i.i i-.iiM be treated as such. 
 
 2. That this rebel I • ' < irtnallv put down ; and 
 
 that, to prevent th.' i. rui , , i,,, ni mi. h rebellion, in future, 
 tlu^ causes which led to Ihib one must be permanently re- 
 moved. 
 
 o. That in this struggle which is going on for the saving 
 of our country and fren government, there is uo middle 
 ground on which any good citizen or- true patriotcan stand; 
 neutrality, <ir imliffercnce, or any(liiii;< .short of a hearty 
 Kupport of the llnvernment, being a crime where the ques- 
 tiiju is between loyalty and treason. 
 
 A division of tlie question having been called, 
 The first resolution and the first branch of 
 the second were a<rieed to. The second branch 
 of the second resolution, "And that, to prevent 
 the recurrence of such rebellions in future, the 
 causes which led to this one must be perma- 
 nently removed," was agreed to — yeas 124, 
 nays none, as follows : 
 
 Yeas — Messrs. James C. Allen, Allf'y, Allison, Ames, 
 Ancona, Ander.'on, Arno\d, Built/, Augustus C. Baldwin, 
 John D. Baldwin, Baxttr, Francis P. filair, jr., Jacob Li. 
 Khiir, Bl!.'!S, IMow, Boiitwell, Boyd, Brandogeo, BrocUcs, 
 An\brcse W.Clark. Freeman Clarke, CZi/y, Cobb, Coffroth, 
 <'olo. Cox. Creswell. Henry Winter Davi-:, Dawes, Duwsnn, 
 Demin^;. Denison. Dixon, Donnelly, Driggs, Dumont. Eck- 
 bsy, i'cn, Eldridgc, Eliot, Fari:swortli, Fentcn, Fincfc, 
 Frank, Gimson, Gndcr. Gritwold, Hale, ITcri-ick, Iligbv, 
 Hnlman. Hooper, Ilotchkiss, .Asabel W. Hubb.ard, John II. 
 Hubbard, Hutchins, Jonckes, Julian, Kelley, Orlando Kel- 
 logg, Ke.rnan. King. Knapp, Law, Loan, Long, Lovejoy, 
 Marcy, Marvin, McEride, McClurg. Mclndoe, Samuel F. 
 Miller, Wm. H. 3W?er, Moorhead, Morrill, D.a:iiel Morris, 
 Morrison, Amos Myers, Leonard Myer.s JVclson, Nohle, 
 Norton, Charles O'Neill, John O Neill. Patterson, Perhawi, 
 I'omt-roy, Pric ■, R"dford, Samuel J. Randall, William II. 
 Uandall, John II. llice, Ross, Schenck, ocolield, Scntt, Shan- 
 non, Sloan, Smithers, Spalding, Starr, Stebhins, John B. 
 Uteele, Wm. G. •"'tede, Stevens', Stiles, Sirouse, Stuart, Sweat, 
 Thayer, Thnma-:, Tracy, Up.son, Van Valkenburgli, Toor- 
 hees, William B. Wnslilmrn, Whaley, Williams, Wilder, 
 V.ilson, Windom, Wmfield, Woodbridge— 124. 
 Nays — None. 
 
 The third resolution was agreed to — yeas 
 100, nays none, as follows: 
 
 YfAS— Messrs. J^^njies C. Allen, Alley, Allison, Ames, An- 
 derson, Arnold. Bail-/, Auguslus C. Baldwin. John IJ. Bald- 
 win, Baxter, Jacob B. Blair, Bout well. Boyd, Brandtgoe, 
 /Jroo/fs, Ambrose W. Clarlc, Freeman Clarke, Cobb, Cole, 
 Cox, Oeswell. Henry Winter i) ivis Dawes, Deming, TJcni- 
 «'>«, Di.xon, Donn-lly, Driggs, Dumont, Eckley, hldiid^e, 
 Fliot, Feuton. Fniclc Frank, Gannon, Garfield, GrinncU, 
 Griswohl, U:\\p, IJarringtim, lliL'by, {Jr.lman, Ilotrhkiss, 
 A.^ahel W. Hubbard J.. hn II. Hubbard, Hutchins, JeAycl:es, 
 Jnlian, Kellev, Francis W. Keil.igg, Orlando Ke logg, Ker- 
 van, King, Ktiapp. Loan, Lnvcjov,' M.irvin, McBride, Mc- 
 Clurg, Mclndoe, McKinnnj. Wdliam IT. Miller, .Moorhead, 
 Morrill, Daniel Morns, Morrixon. Amos Myers, Leonard 
 Myers, iVeZsTOi, Noble. Nnrion, Charles O'Neill, John O'Neill, 
 Tatterson, Perham. P. merov, Price. Radfrrd, Smiuel J. 
 Randall, William II. Randall, John H. llice, Rogers, Ross, 
 Schenck, St^olie il. Shannon. Sloan, Smithers, Spalding, 
 StuTT, SleMins, John B. Steele, William G Steele, Strowe, 
 Stvart. Thayer, Thomas, Upsm, Van Valkenburgh, F-llihu 
 B. W^a.shhurne, Wi li ni B. Wa<hbnrn, Wlialoy, Williams, 
 Wilder, Wilson, AVindcm, Winfield, WooUbridge— 109. 
 
 Nats — None. 
 
 1864, March 14 — Mr. John II. Rice offered the 
 following resolutions, which were laid over 
 under the rule : 
 
 Whereas the vital principle of our national life emanated 
 from and survives in the grind and Heaven-inspired declara- 
 tion " that all MK-n mv crcMtnl i'<|n-il : that they ar>' endowed 
 by their Creator v.illi (■'•niiiniii,ilii'n.ililcri';!its; that among 
 tiiese are life, lil.rity. and lln' pursuit of liapiiincss;" anil 
 whereas the (Jovcrnment of the Uuit''d States w:is estab- 
 lished and the Conditulion adopted in th.> earnest desire 
 end conhdent expectation tint both would speedily and 
 finally opuruto in harmony with said '■ declaralion," and | 
 
 thereby secure to all native and naturalized citizens equal 
 civil rights and privileges, regardless of all coudili^ns of 
 birth, race, descent, worldly possessions, or religious faith; 
 and whereas the system of American slavery has been and 
 is utterly subversive and destructive of the aforesaid prin- 
 ciples, desires, and expectations, and haa been the fruitful 
 progenitor of all manner of evils— soci.al, moral, and politi- 
 cal — protlucing cruelty and oppression to the slave, de- 
 moralizaticiu and dcgiad.ition to the free laborer, and 
 brutalizatioM and anngance in the slave-driver and the 
 slave-master, and lias finally culminated in robbery and 
 murder, rebellion .and civil war, and has thus conelusively 
 demonstrated that it cannot be longer toler.ated with safety 
 to the Government and peace to the Union, and that jas- 
 tiee, sound morality, and national unity, each and all, 
 demand its entire extinction; and whereas our people of 
 African descent have in the present war been more unani- 
 mous in their loyalty to the Government and their devoted- 
 ness to the Uiuon than any other cliis.=i, and Lave, at the 
 call of Congress and the Executive, sprung to arms to pro- 
 tect the one and maintain the other, and have bravely and 
 nobly vindicated their courage and their manhood upon the 
 land and upon the water — on the battle-iicld and on the 
 gun-deck; and whereas the frecdmen in the Distri(!t of 
 Columbia, and elsewhere in the United States have, by their 
 obedience to the laws, their willingness to labor, their 
 desire for improvement, and their ability to perform mili- 
 tary service, evinced their capabilities as citizens and 
 soldiers, and thus practically reversed and annihilated the 
 monstrous judicial dictum and heartless party dogma that 
 "they have no rights which white men are bound to re- 
 spect:" Therefore, 
 
 Resolved, That the Congress of the United States should, 
 by positive and effective legislation, and in accordance with 
 the true theory of our republican form of government, 
 guaranty and secure equality of civil rights and privileges 
 to all classes of persons residing within the District of Co- 
 lumbia and the T.rritories, and whatever else the Govern- 
 ment of the United States possesses sole and exclusive juris- 
 diction, wlio are required and made liable, uuder the Con- 
 stitution and the laws, to contribute to the support and 
 maintenance of the Government by ta,xation and military 
 service, and in like manner to protect, secure, and defend 
 all persons in life, liberty, and l.iwfnl pursuits, throughout 
 the length and breadth of the Kepiiblic. 
 
 2. That American slavery, having engendered the rebel- 
 lion and sustained and prolonged the war, by which uu 
 counted thousands of the b st citizens of the Bepublic have 
 been made to suffer and hie d and die, and being subversive 
 of natural right and justice, contrary to the spirit; (if our 
 institutions, destructivo of the best interests of society, dis- 
 graceful to our civilization, dangerous to the Republic, and 
 accursed of God and all good men, shoulduot be longer tole- 
 rated, but should, by force of law in the .adhering States and 
 the power of arms in the rebellious States, be forever abol- 
 ished and exterminated. 
 
 3. That all statutes, legi.=ilative acts, and city ordinances, 
 having the force of law, in the District of Columbia and the 
 organized Territories of the United States, whereby persons 
 of African de.scent residing th rein are deprived of their 
 civil rights and restrained of their just privileges, ought in 
 juotice to be repealed and declared void. 
 
 May 23 — Mr. Kinney, of Utah Territory, 
 offered this resolution; which was adopted: 
 
 Resolved, (as the sense of this House,) That the present 
 crisis in the history of this causeless and unjustifialdo re- 
 bellion calls loudly upon Congress for united patriotic legis- 
 lation; that While our gallant and self-sacrilicing soldiers 
 are, with a courage unexampled cither in ancient or mod- 
 ern warfare, sustainitg the honor of the nation in the field, 
 they are entitled to the thanks of the country and the 
 hearty support of Congress; and, forgetting for tiie iire.sent 
 all dit'ferences upon olil party issues, it is the duty of Con- 
 gress to sustain the constituted authorities of the country 
 in their efl'orts to suppress the rebellion. 
 
 Propositions for "Peace." 
 First Session, Thirty-Seventh Congress. 
 IN HOUSE. (See Appendix.) 
 
 1801, July 1.5 — Mr. Bexjamin Wood offered 
 this resolution : 
 
 Resolved, That this Congress recommend the Governors 
 of the several States, to convene their Legislatures for the 
 purpose of calling an election to select two delegates from 
 each Con.gressional District. toMueet in general Convention 
 at Loui.s'ville, in Ivi'Utucky, on the first Blonday in 
 Septiuuber next, the purpose of the said Convention to bo 
 to devise measures for the restoration of peace to our 
 country. 
 
LEGISLATION, OBDERS, PROCLAMATICNS, ETC. 
 
 295 
 
 The resolution was laid on the table — yeas 93, 
 nays 51, as follows: 
 
 Yeas— Messrs. Aldrich, Alley, Appleton, Arnold, Ashley, 
 Babliitt, Baker, Baxter, Beaman, Bingham, Francis P. Blair 
 Siuiiiel S. Blair, Blake, Buffinton, Chamberlain, Clark, 
 Colfax, Frederick A. foukling. Ri- 
 Curtis, CutU-r, Tavi^. H.u . i - ] 
 K(l.i;i--i-tou,Edwan!~. K 1 ■' 
 (i.ioh.Goodwin.i;. .' . ! 
 
 llickniiin, llorton, II 
 
 ■;. Conway, 
 
 11, Dunn, 
 
 I ranchot, 
 
 ILirrison, 
 
 W.Kel 
 
 lo-sr William Kellogg, LiUi.-iiig, L .mii^s Lovejoy, McKean, 
 Mcknight, McPbei-son, Mitchell, MoorheaJ, Justin S. Mor- 
 rill, Nixon, Oliu, Patton, Pike, Porter, Potter, John II. Rice, 
 Riddle. Kdward H. Rollins S. ,lrwirk ^hanks, Sheffield, 
 ^^li.'llaljai-er, Sherman, .<^"' ' - n -:.nilding, Stevens. 
 ?tr.:ttor], Heni.imin F. Th-iM . . ij •, Uptou, Vande- 
 
 \ !• Vim Ho'iu, V.tn Viilk ;i i i, \ :. Wyck, Yerree, 
 W:tll, W: ll:,ce. Charles W. W.ui. u. JO. I'. Walton, VVash- 
 luvn. . W h, L-l.T, Albert S. White, Wia.lom— 9:_;. 
 
 Xats — JK ssrs. AH'-n, Ancona, Joseph Baibj, George H. 
 Bnniiie. Burnett, Calvert, Cobb. Coopfr, C-nn'n'j, Coj-, Cra- 
 r-'n$,Crillendm, belaplaine, Dunlap. 7' ;' ' ' . T'M. v, 7' /,.. 
 Gricler, Ilaight, Harding, Holmaii. .1 ' 7 . i 
 
 Lazear,L<.gan, McClemand, Mali' I \ " . > '. 
 
 J\'orton,Nugfn,Ocldl,l'endleton,na'i. /:• '. r j: / ,;, 
 JaviesS. Rollins, Smith, John B. Stedr, n'Jlinm G. S'eeh-, 
 Vallandigham, Vibbard, Vnorhecs, Wadsworth, Ward, 
 Chilton A. White, WicUiffe, Wood, Woodruff— h\. 
 
 July 29 — Mr. Cox asked leave to oflFer this 
 resolution : 
 
 Whereas it is the part of rational beings to terminate 
 their differences by rational methods, and inasmuch as the 
 differences between the United States authorities and the 
 seceding States have resulted in a civil war, characterized 
 by bitter hostility and extreme atrocity ; and although the 
 pirty ill the seceded States are guilty of breaking the 
 n^itional unjty and resisting tlie national .authority : Yet, 
 
 Be it resolved. First. That while we make undiminished 
 and increased exertions by our navy and army to m;iiutain 
 the integrity and stability of this Government, the common 
 laws of war, consisting of those maxims of humanity, mod- 
 eration, and honor, which are a part of the international 
 code, ought to be observed by both parties, and for a stronger 
 rt':',son than exists between two alien nations, inasmuch as 
 the tvvo parties have a common ancestry, history, prosper- 
 ity, glory, Government, and Union, and are now unhappily 
 eii;,,aged in lacerating their common rjuntry. Second. 
 Tliit, resulting from these premises, while there ought to 
 b'.' left open, as between two alien nations, the same means 
 for preventing the war being carried to outrageous extrem- 
 ities, there ought also to be left open some means for the 
 r.storation of peace and union, x'liird. That to tliis end — 
 til' restoration of peace .and union on the basis of the Con- 
 stitution — there be appointed a committee of one member 
 Irom each State, who shall report to this Ilouse.at its next 
 session, such amendments to the Constitution of the United 
 States, as shall assuage .all griev,ances, and bring about a 
 reconstruction of the national unitj' ; and that for the prep- 
 aration of such adjustment and the conference requisite 
 for that purpose, there be appointed a commission of seven 
 citizens of the United States, consisting of Edward Everett 
 of M:issachusetts, Franklin PIltco of New Hampshire, 5Iil- 
 i.ird Fillmore of Now York, Reverdy Johnson of Miiryland, 
 Martin A'au Buren of New York, Thomas Ewing of Ohio, 
 end James Guthrie of Kentucky, who sh.all request from 
 the so-called Confederate States the appointment of a sinii- 
 1 ir commission, and who shall meet and confer on the sub- 
 ject in the city of Louisville on the first Monday of Sep- 
 t-mber next. And that the conmiittce appointed from this 
 House notify said commissiouers of their appointment and 
 function, and report their action to the next session as an 
 amendment of the Constitution of the United States to bo 
 p!Oposed by Consrcss to the States for their ratification, 
 according to the fifth article of said Constitution. 
 
 The motion to suspend the rules and allow 
 itM introduction was lost — yeas 41, nays 85, as 
 follows : 
 
 Yeas— Messrs. AUen, Ancona, Joseph Baily, Burnett, 
 Calvert, Cox, Cravens, Crisficld, Crittenden, Dunlap, Grider, 
 Ilaight, Harding, Holman, Jackson, Johnson, Law, Learj', 
 Logan, ilallory, 3Iay, Menzies, Morris, Nolle, Korton, 2iu- 
 gen, Pendleton, Perry, Reid, Richardson, Robinson, Smith. 
 
 William G. Steele, Vallandigham, Voorhces, Wodsworth, 
 Webster, Chilian A. White, Wickliffe, Wood, Woodruff-Al. 
 Nays — Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baker, Baxter, Beaman, Bingham, Francis P. Blair, Samuel 
 B.Blair, Blake, Biifhuton, Ciimpbell, Chamberlain, Clark, 
 Colfax, Frederick A. Conkling, Roscoe Conkling, Conway, 
 Covode, Cutler, Davis, D.awca, Delano, Diven, Duell, Edger 
 Ion, Edwards, Eliot, I'esseudun, Fraucbot, Frimk, Goocb, 
 
 Goodwin, Granger, Gurley, Hale, Harrison, Hort'.n, Hutch- 
 ins, Julian, Kelley, Francis W. Kellogg, William Kellogg, 
 Lansing, Loomis, Lovejoy. McKean, McKnight,McPherson, 
 Moorhead, Anson P. Morrill, Justin S. Morrill, Olin, Pike, 
 Pomeroy, Porter, Potter, Alexander H. Bice, John II. Rici-. 
 Riddle, Edward II. Rollins, Seilgwick, Shanks, Slteffield, 
 Shellabarger, Sherman, Spaulding, Stevens, Benjanuu K. 
 Thomas, Train, Trowbridge, Upton, Vandever. A'an Wyck, 
 Wall, Wallace. Charles W. Walton. E. P. Walton. Wash- 
 buine, Albert S. White, Windom, Worcester, Wrig!U—ib. 
 
 August 5 —Mr. Calvert offered the following 
 resolution : 
 
 That whilst it is the duty of Congress, by appropriate 
 legislation, to strengthen the hands of Government in its 
 efforts to maintain the Union and enforce the supremacy of 
 the laws, it is no less our duty to examine into the ori:.rinal 
 causes of our dis?en?ions, and to apply such remedies ius 
 are best calculated to restore peace and Union to the coun- 
 try : Therefore, it is 
 
 Resolved, (The Senate concurring herein,) That a joint 
 committee, to consist of nine members of this House and 
 four members of the Senate, be appointed to consider and 
 report to Congress such amendments to the Constitution 
 and laws as may be necessary to restore mutual confidence 
 
 nd insure a more perfect and durable Union amongst these 
 States. 
 
 Which was laid on the table— yeas 72, nays 
 39, as follows : 
 
 Yeas— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Goldsmith F. Bailey, Baker, Baxter, Bingham, F'rancis P. 
 Blair, Samuel S. Blair, Blake, Buffinton, Clark, Colfax. 
 Frederick A. Conkling, Roscoe Conkling, Conway, Dunn, 
 Edwards, Eliot, Fenton, Fessenden, Frank, Goodwin, Gran- 
 ger, Gurley, Ilale, Harrison, Hutchins, Julian, Kelley, 
 Francis W. Kellogg, William Kellogg, Lansing, Loomis, 
 Lovejoy, McKean, McKnight, McPherson, Moorhead, Anson 
 P. Morrill, Justin S. Morrill, Olin, Pike, Porter, Potter, 
 Alexander H. Rice, John II. Rice, Riddle, Edward H. Rol- 
 lins, Sedgwick, Shanks, SheJ/ieUl. Shellabiirger, Sherman, 
 Slo.an, Spaulding, Stevens, Benjamin F. Thomas, Tiaiu. 
 Trimble, Trowbridge, Van Horn, Verree, Wall, Wallace, 
 Chiurles W. Walton, E. P. Walton, Albert S. W hite, Win- 
 dom, Worcester — 72. 
 
 Nats— Jlessrs. Allen, Ancona, Joseph Baily, George 77. 
 Browne, Caliert, Cox, Cravens, Crisfield, Dunlap, English, 
 Fisher, Foul^e, Grider, Haight. Uarding.^lorton, Johnson, 
 Law, Leary, Logan, May, McCUrnand, Morris, Nolle, Oddl. 
 Pendleton, Phdps, Richardson, Robinson, James S. Rollins, 
 Siiiel, Smith, William G. Steele, Francis Thomas, Vallandig- 
 ham, Wadsworth, Ward, Webster, Wickliffe— Z9. 
 
 August 5 — Mr. May offered the following : 
 Whereas the Government of the United States of Amer- 
 ica was created by its written Constitution, and derived 
 its first powers alone from the consent of the people, as 
 contained in that instrument, and it has no other powers, 
 and force .and arms can neither preserve nor rightfully be 
 permitted to violate it under any authority whatsoever: 
 and whereas Washington and other great sages and pa- 
 triots, who founded our General Government, solemnly 
 warning their countrymen, predicted its destruction from 
 the establishment of a sectional political party; and they 
 also entreiited a spirit of compromise whenever necessary 
 to preserve the Union; and whereas <a civil war now exists 
 among the States which have been united, and which, hav- 
 ing already prostrated the peace, prosperity, and happiness 
 of the people, and destroyed many valuable citizens, now 
 tlireatens their destruction in countless numbers, .and by 
 its inevitable tendency, if not necessity, the final overthrow 
 of free constitutional government : Therefore, 
 
 Be it resolved, That the success of the Republican party, 
 founded, as it is, on a sectional, social, and political ques- 
 tion, is justly responsible for the origin of our present na- 
 tional misfortunes. 
 
 2. That the uncompromising spirit hitherto manifested 
 by the representatives of that party has prevented a peace- 
 ful compromiM ;: 1 ,i ;;i;t:;. ut of our unhappy difiiculties 
 when the sain. i Ic. 
 
 3. That if 111 i iv r .ntinues, the only safety aiid 
 refuge of coii^ii ii; iii;l j, ^'inmeiit and civil liberty will 
 be fouml in the constitutions and sovereignty of the several 
 States, and afterwards, through them, the only hope of a 
 future and more harmonious reconstruction of the Union. 
 
 4 That it is impossible by arms to subjugate the people 
 of the seceded States, united as they are in such uumbers, 
 so fully prepared and resolved, and actuated by motives 
 which represent the just pride and dignity of < qual.o, of 
 trained freemen, of American citizens: and also believing, 
 as thev do to a man, that State, home, wife, children, prop- 
 erty, all a::d every security mid benefit of Government is at 
 stake, and that the moat cruel and mercUess meaud, forced 
 
296 
 
 LEGISLATION, ORDER?, PROCLAMATIONS, ETC. 
 
 by the neopseities of ;in exhausting and desolating war, are 
 t'l be oiiipKijeil iigainst tliem. 
 
 5. That in view otHll ilie^o pulilic cal niities, findtoavoiil 
 tliem, recognizing the necessities whicli contri 1 liiiinan iif- 
 fiiirs, as our fathers of the revnluiion did, it becomes tlie 
 duty of Congress, before it cluses i;s present Ression, to pro- 
 vide lor tiiii appointment of commissioners to procure an 
 armistice between theconfondinp; armies, and restore peace 
 St all events; and who shall bo emp;)wered to arrange a 
 compromise to preserve the Union, if possible; but if not, 
 then a peaceful separation of tlie respective States vf the 
 Union, as well such as now claim to have seceded, as 
 others which may by the sovereign will of their citizens also 
 hereafter ordain to secede; and that the said commission- 
 ers bo solemnly enjoined so to conduct their negotiations as 
 to obtain, if possible, in the future, a happy, harmonious, 
 and perpetual reconstruction of our Uniou of t'tates. 
 
 Mr. May moved to suspend the rules so as to 
 consider it at once; which was lost — yeas and 
 nays not ordered. 
 
 Second Session, Thirty-Seventh Congress. 
 IN SENATE. 
 18G1, December 4 — Mr. Saulsbury offered 
 this joint resolution : 
 
 Whereas the peopl e of the States of Tirginia, North Caro- 
 lina, gouth Carolina, Georgia, Florida, Alabam.i, Mississipiji, 
 Lonisiuna, Texas, Arkansas, and Tennessee are in revolt 
 against the constitutional Government and authority of the 
 United States, and have assumed to secede from tlie Federal 
 Union, and to form an independent government under the 
 name of the Confederate States of America : and wliereas 
 the Congress of the United States apj)roviiig the scntiuiciit 
 expressed by the President, in his annual message, "tliat 
 the Union must be preserved, and hence all iiKli.-^pinsablo 
 means must be employed," and believing tliat kiiid and fra- 
 ternal feeling between the people of all the Htatcs is indis- 
 pensable to the maiiiteuauce of a hajipy and pro.-pirous 
 Union, and being willing to manifest such feehng on their 
 part, to the end that peace may bo n stored to .'i distracted 
 country, and the Union and Constitution be picserved and 
 maintiiined, and inviting the co-operation of the people of 
 the aforesaid States in the accomplishment of objects so 
 benelicial to each and all, do resolve as foll-jws : 
 
 Jlcsolved, cCc, That Millard Fillmore, Franklin Pierce, 
 Roger B. Taney, Mlward Everett, George M.Dallas, Thomas 
 Ewinu, II. i;m .' I Mill. y,]l(.venly Johnson, John J. Critten- 
 den. 'i - !: ,"' :li. .iiiil Kicliard W. Thompson be, and 
 they : , i ' . i; ].'.iiit(d coiiimis^iouers on the i)art of 
 Coivji. -. t . . 'I- Willi a lil;e number of commissioners, 
 to hi' a .iK.int.'.l by tlie States aforesiiid.for the preservation 
 of the Union and the mtiintenance of the Constitution, and 
 that they roport the result of their said conference to Con- 
 gress for apjiroval or rejection. 
 
 2. That upon the appointment of commissioners, as here- 
 by invited, by said States,aud upon the meeting of the joint 
 commission for the purpose of conference as aforesaid, active 
 hostilities shall cease, and be suspended, and shall not be 
 renewed unless said commission shall be unable to Jigree, 
 or in c;uie of an agreement by them, said agreement shall 
 he rejected either by Congress or by the aforesaid States. 
 It was laid on the table. 
 
 Third Session, Thirty-Seventh Congress. 
 
 IN FENATE. 
 18G2, December 3— Mr. D.wis offered the fol- 
 lowing joint resolution: 
 
 Hesn'reil, d-c. That it he, and is hereby, recommended to 
 fill the States to choose asmany delegate;, sevi'ially, as they 
 are entitled to S.'uatorsand nciirescntatives in ( ■..iigress, to 
 meet in convention in L.jnisvilb'. K. ni :. :,\. .n t;;.. <ir^t 
 Monday in April next, to take into .'.n . ,. , , . . ih-.-on- 
 ditionof the United States, and tin- [1 ]. i. ;..rthe 
 
 restonition of the Union; and that tl-.- :, ,i,i l.it .i .^ of the 
 »<everal States take sn.h action on this pioiiosition as they 
 m;iy deem fit at the earliest practicable d ly. 
 
 Which was ordered to lie on the table, and 
 be printed. 
 
 IN HOUSE. 
 
 Mr. V.vLLANDiGHAM offcrcd the following 
 resolution : 
 
 nr.<:o!verl. That this House does earnestly desire tluit the 
 moat speedy and effectual niea.stu-es be taken for restorin:: 
 poace in America; and tliat no time may be lost in propos- 
 ing an immediate cessation of hostilities, in order to the 
 
 sjieedy final settlement of the unhappy controversios irhlch 
 bnpuglit about this uimecessary and injurious civil war, by 
 just and adeiiuato security against the return of the like 
 calamities in times to come; and this Ilouse desifes to offer 
 the most earnest assurances to the country that they will, 
 in due time, cheerfully co-operate with the Executive and 
 the States for the restoration of the Union, by sueh explicit 
 and most solemn amendments and provisions of the Con- 
 stitution as may bo found necessary for securing the rights 
 of the several States and sections within the Union under 
 the Constitution. 
 
 The resolution giving rise to debate, was laid 
 over. 
 
 CORRESPONDENCE BETWEEN PRESIDENT LINCOLN 
 AND HON. FERNANDO WOOD. 
 
 MR. WOOD TO PRESIDENT LINCOLN. 
 
 New York, December 8, 1862. 
 Tlon. Abraham Lincoln, Prrsidnt of the United Slatis: 
 
 Dear Sir: On the li.jtli of November last I was advised 
 by an authoritv, which 1 deemed likelv to be well informed 
 as well as reliable and truthful, that the Southern Slates 
 would send Kepreseut.itives to the next Congress, iiro\ided 
 that a full and general amnesty should permit tliem to do 
 so. No guarantee or terms were asked for other than the 
 amnesty referred to. Deeming this information of great 
 value, if well founded, I communicated it in substance to 
 tho lion. George Opdyke, the mayor of this city, whom I 
 knew toholdconfiileiiti.il relations to members of your Ad- 
 ministration, jLud proposing, through him, that if the Gov- 
 eniiiieiit Would jieriuit tho correspondence, under its own 
 iu-pei tioii,IwduId undertake toprocuro something deflnito 
 anil i>o.-itive from persons connected with the so-called Con- 
 fedenite authorities. Mr. Opdyke stated in reply that sev- 
 eral Senators IVoni New En'^land States were then in this 
 city on their way to Washiu^iton, to whom lit would at 
 once cominuiiieate the propusition, and advise me ot the an- 
 swer. Kiiowiii'j: th.it Mieso gentlemen were y<mr friends, 
 an.l.^ii].Iiosin- that they would immediately confer with yon 
 on tli.ii- arrival at the capital, and supjiosiiig that 1 should 
 b.' t-ii.-.-.hly iiilonijed of the result. I have delayed until now 
 waking a c oinniuiiieation direet to you. 
 
 I now learu, however, trom Mr. Opdjke this day, that he 
 failed to see these Senators when in New York, and that ho 
 had not made the propo.^ition, and that therefore you are 
 not in possession of it as coming from myself. 
 
 As an humble but loyal citizen, deeply impressed with 
 the great necersity of restoring the Union of these States, I 
 ask your immediate attention to tbis .subject. The magni- 
 tu<le of the in'erests :.t stake warrant some executive ac- 
 tion predii ated uiion this information, if it be only to ascer- 
 tain if it be grounded upon even luobable foundation. If 
 it shall prove groundless no barm shall have been do;:e, 
 provided the inq'iiry be made, as it can be, without compri>- 
 mi>iiig the Government or injury to the cause in which it 
 is now engaged. If, however, it shall prove well founded, 
 there is no estimate too high to place upon its national 
 value. 
 
 Now, therefire, Mr President. I suggest that gentlemen 
 whose foinier political and social rel.'itions with the leaders 
 of the Kouihern revolt maybe allowed to bold unofBeial 
 correspoi:dence with them on this subject — the correspond- 
 enfe to be submitted to yoa. It may be thus ascertained 
 what, if any, credence niay be given to these statements, 
 and also whether a. peaceful .=olu:ion of the present strugiiie 
 may not be attainable. I am sure nolhi; g that I can say 
 can add to your own well known desire to produce this re- 
 sult. Your" exalted position, the embarrassments and re- 
 sronsibilities which surround you upon all sides, the bleed- 
 ing condition of tho country, b coming exhausted, not only 
 in the impoverishment of its b st life blood, of i dustrial 
 production, but in tho deterioration and consequent de- 
 struction of our political institutions — all call upon you. as 
 our chief ruler, to take one sti p upon the road of peacefol 
 efiort. by which to ascertain whether the time has not ar- 
 rive.! when o:lier methods than brute fishting may not ac- 
 complish what military force has failed to do. 
 
 In tho origin of this' struggle, you foresaw, that such a 
 time would come. Your inaugural address delivered near 
 two years ago, pointed with prophetic vision tho certain re- 
 sultsof thoimpendingconllict of arm.s. Your language then 
 was, '• Suppose j'ou go to war, j'ou 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." Yon saw that aftiir :i 
 bloody and terrible struggle " the still small voice of rea- 
 son" would intervene and settle the controversy. You know 
 that since the establishment of Christian civilize.tion nego- 
 tiation and compromise have, sooner or later, determined 
 every military contiuest. It cannot be otherwise hero. Ji.iS 
 
LEGISLATION, ORDERS, PR0CLA5IATI0XS, ETC. 
 
 297 
 
 not the time arrived wlion. to quote your own lanjtuaTe, we 
 
 shoulil ■' cease liulitiii;;,'' at liiir^t loim- rii.ju,i,li to aMxilaiu 
 whetlier "the i.k-ntic.il cuitNtion--'' ab.,iit wliicli we 1 1, •-an 
 the fi,lit may not be aiiiirubly ami hmiorably a.ljii teil, ami 
 the •' terms of intercourse'' bo once more piMceably ctitab- 
 lisheil? It is to this end that I now address you — with 
 confidence in your patriotism, and with no desire to inter- 
 fere with your legitimate constitutional prerogatives. 
 I am, with high respect, yours very tndv, 
 
 i'EUNAXDO WOOD. 
 
 president lincoln to mb ■wood. 
 
 Executive Mansion, 
 Washington, December 12, 1S62. 
 Ho». Fernando Wood : 
 
 Mi Dear Sib : Your letter of the Sth, wiih the accomf a- 
 nyiiig note of same date, was received yesterday . 
 
 The most impoita. t paragraph iu the letter, as I con- 
 sider, is in these words: '•On tlie LCth of November last I 
 was adv.sed by an authyrily which I deemed liUely to 
 be well informed as well as reliable and truthful, that the 
 Southern States would send representatives to the next 
 Congress, provided that a full and geneual amnesty should 
 permit them to do so. No guarantee or terms were asked 
 for Other than the amnesty referred to." 
 
 1 strongly suspect your iuformati.jn will prove to be 
 groundless: nevertheless, I thank you for communicating, 
 it to me. Understanding the phrase iu the paragraph 
 above quoted — " the Southern Sl;ates would senil represen- 
 tatives to the next Congress' — to be substantially the 
 same as that " the people of the Southern States would 
 cease resistance, and would reinaugurate, submit to, anil 
 maintain the natioual authority within the limits of such 
 States, under the Constitution of the United States,' I 
 say that in such case the war would cease ou the part of 
 the Uiiiteil States; and that if within a reasouiible time 
 "a full and general amnesty" were necessary to such end, 
 it would not be withheld. 
 
 I do not tliink it would be proper now to communicate 
 thi.«, formally or informally, to the people of the Southern 
 States. My belief is tliat tliey already know it; ami when 
 they choose, if ever, they tan communicate wilh me une- 
 quivocally. Nor do I think it proper now to susjiend mili- 
 tary opciations to try any experiment of negotiation. 
 
 I should nevertheless receive, with g. eit pleasure, the 
 exact information you now have, and also such other as von 
 may in any way obtain. Such information might be more 
 valuable before the 1st of January than afterward. 
 
 While there is nothing in this lett. r which I shall dread 
 to see iu history, it is, perhaps, better for tlie pn sent that 
 Its existence should not become public. I therefore have to 
 request that you will regard it asconfidenlial. 
 Your obedient servant, 
 
 AEKAIIAM LINCOLN. 
 
 MR. WOOD TO PRESIDENT LINCOLN. 
 
 New York, December 1", 18C2. 
 His Excellency ABK.\nAM Lincoln : 
 
 My Dlar Sir: Your letter of the 12th instant w.ts handed 
 to me on tbo afternoon of tne loth instant by Mr. Wnke- 
 man, the postmaster id' this ci(3'. 
 
 P.irdon me, .Mr. President, when I say that your reply 
 h.is fi led me with profound regrit. It •eciines what I liad 
 conceived to be an innocent effort to ascertain the founda- 
 tion for information in my po-<session of a desire in the 
 South to return to the Union It thus appears to bean in- 
 dication on .your part to continue a policy whicli, in my 
 judgment, is not only un\yise, but, in the opinion of many, 
 is in conlbct with the constitutional authority vested in the 
 Federal Government. 
 
 I think, however, that my proposition i.s in keeping with 
 your own expressed conditions upon which the Wiu- shall 
 ti-a.se. Vou say that '• when the jn'ople of tlio southern 
 Statis wiuM cMse resistance, u)id would reinaugitralc, su)j- 
 niit t>.. :iii(l 111 iiutain the national authority within the 
 limit- • 1 Hi h ,-lates under the Con.stitution of the United 
 Stati'^, 1 !i;it in Mich case the war would ce.-xse on the part of 
 the I'nit-d ,-:tatc.-<." 
 
 Admluiiig lliis position as correct, you will see that as a 
 ronditiiin prcccilcnt to such submission the ojiportunity to 
 ill. so uiu.-.t be aH'orded. It rnnmit be (\|)i'clc.| that "the 
 southern people will (e;i'.i. |-,.-i,|^iii !■. -o Ion; ;n we pro- 
 claim luir intoiitiuii ;■■ li.-tn y i leir I >< :il in ii.iiiiicis, their 
 property, and their liws, and ;i. . Mniii.uiy lie' dn laration 
 with con-etponding legi»latiye.e.\eciiU\ e,' social, and politi- 
 Ciil action. They cannot cease resistance, ami reinausu- 
 rate, Kubmit to, and maintain tho Feileral authority, if wo 
 will not let tbem alone long enough to do so. if they 
 really disi re acquiescence, aud are willing to send delegates 
 to tlie next Congress, as I am advised, how can they do so 
 Without tho ojiportuuity, and without some iutimutious or 
 
 guarantees as to the reception of th' 
 Washington? Th.. act of sending reia-e 
 is within ils-lfa lull compliance with 
 
 11' thus represented by their own sele. '. 1 ..„_:. i, A:,:ivn 
 tuider the I'orms and iu pursuance of their own local Sttite 
 laws governing such elections, they will compose an inte- 
 gral portion of the Government, and thus give the lussuranco 
 of an "acquiescence and submission" of tho very liighest 
 and most satisfactory character. 
 
 .My respectful suggestion was that you should put it in 
 the r power to take this cmrse. It would require a sini- 
 lile proclamation of general amnesty, to be qualified, if yi u 
 please, by such conditions as to render it void in case of 
 non compliance within a limited period. You have estnf)- 
 lished a precedent for this mode of speaking to those peo- 
 ple. Your Emancipation Proclamation told of punish- 
 ment. Let anothei- be issued, speaking the language of 
 mercy and breathin.g tho spirit of coiiciliation. 
 
 The p linful eyents which have occured since my com- 
 munication of the Sth instant but embolden me to renew 
 it.s Pug;;estions. I liope you will mw no lon,?errefuse " to 
 suspend military operations to try an experiment of ne- 
 gotiation." I feel that military operations so bloody an I 
 exhausting as ours must sooner or later be suspended. 
 Tho day of suspension must come. Tho only question is, 
 whether it shall be before the whole American people, 
 North and South, shall be involved in general ruin, or 
 whether it shall be whilst there is remaining sufficient of 
 the recuperative element of life by which to restore our 
 once happy, prosperous, and p acel^ul American Union. 
 
 rn compliance with your request that yi ur letter shall 
 not for the present become public, I shall withhold its pub- 
 lication at this time. 
 
 With high regard, yours, kc, 
 
 FERNANDO WOOD. 
 
 First Session, Thirty-Eig'htli Congress. 
 IN SENATE. 
 
 1864, June 9 — Mr. D.vvis, of Kentucky, 
 sought to introduce this joint resolution, ffiit 
 objection was made : 
 
 A joint resolution to restore peace among the people 
 
 United States. 
 
 the 
 
 Resolverl, rf-c. That three years of civil war in which the 
 enormous expenditure of bloo;! and treasure has no parallel 
 in the world's history, and whose wide-spread rapine and 
 diabolical cruelties have shocked Christendom, and which, 
 fmm alternating success, has produced no essential restxlts, 
 prove that war was not the proper remedy for our national 
 troubles. 
 
 2. That if the people of America would s.ave and restore 
 their shattered Constitution and avert from themselves 
 and their posterity the slavery of a military despotism and 
 of a public debt, tho interest upon which all tho av.oils of 
 their labor and economy will never meet, they must bring 
 this war to a speedy close. 
 
 3. That tlie President of the United States be, and he is 
 hereby, authorized to propose a cessation of arms and an 
 amnesty to tlie authorities of the Confederate States of 
 America, with a view to a convention of the people of all 
 the States to reconstruct their Union; and if that cannot 
 be effected, then that said convention agree tipon the terms 
 of a separation of the States witliout the fm-ther effusion 
 of blood, and of a lasting peace ;unong them. 
 
 LN HOUSE. 
 
 18G3, Dec. 14— Mr. Fernando Wood offered 
 this resdluMon: 
 
 Whereas the President, in his message delivered to this 
 House ou theOlh instant, and in his recommendation to tho 
 people to assemble at their pUees of woi->hip and giva 
 thiinks to God for recent victories, ihiims that the Union 
 cause has gained important and substantial advantagc-s ; 
 and whereas, in view of these triumphs, it is no longer be- 
 neath our di.gnity nor dangerous to our safety to evince .•» 
 generous ma.i;nauimity becoming a great and powerful peo- 
 ple by offering to the insurgents an opportunity to return 
 to tlie Union without imposing upon them degrading or 
 destructive conditions : Therefore, 
 
 Jlesolved, That the President be requested to appoint 
 three commissioners, who shall be empowered to open ne- 
 gotiations with the authorities at Richmond, to tlio end 
 that this bloody, destructive, and inhuman war shall cease, 
 and tho Union be restored upon terms of equitj', fraternity, 
 and equality, under the Constitution. 
 
 Mr. Ellihu B. Washburne moved that the 
 
298 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 resolution lie on tLe table, which was agreed 
 to — yeas 98, nays 59, as follows : 
 
 Yeas — Messrs Alley, Alliaon, Anderson, Arnold, Af-hlcy, 
 Baily, J. D. Baldwin, Baxter, Beamun, Blaine, J. B. Blair, 
 Blow, Boutwell, B.iyd, Brandegee, Broonmll, William G. 
 Browp, Ambrose W. Clark, Freeman Clarke, Cobb, Cole, 
 Crcswell, Henry VVinter Davis, Dawes, Demiiig, Dixoii,Don- 
 uelly, Drijgs, Dumont, Kekley, Eliot, Farnsworth, Feuton, 
 GansoJZ, (iartiplil,Goocb,Grinnell, Gnsiuo/d, Iligby, Hooper, 
 Uochkiss, Asahel W. llublmrd, J. H. Hubbard, Hulburd, 
 Jenckes, Julian, Kasson, Francis W. KtUopg, Orlando Kel- 
 logg, Loan, Loneycar, Lovojoy.M«rvin, McBride, McClnrg, 
 Mclndoe, Samuel F. Jliller, .Moorliead, Morrill, Daniel Mor- 
 ris, Amos Myers, Leonard Myers, Norton, Cliarli-s O'Neill, 
 Orth, Patterson. Perliam, Pike. Pouiery, Price, William H. 
 Randall, Alexander H. Uice. .ToUu H. Rice, Edward H. 
 KolIiiis,.-chcnclv', Scifield,.'-haniion, Sloan, Smith, Smithers, 
 Spaldina;, Stevens, Tliaver. Thomas. Tracy. Upson, Van 
 ValkeuburRh, Ward, Ellihu U. Washhnrne, Wm. B. Wash- 
 burn, Whaley, UViedc)-, Williams, Wilder, Wilson, Windom, 
 Woodbridge, Teavian — 98. 
 
 Nats— Messrs. Junius C. Allen, Wm. J. Allen, Anctma, 
 Augustus C. BaUwin, Bliss, Bruols, Chanler, Clay, Cnffroth. 
 Cox, Cravens, Dawson, Dcnisnn, Eden, E'lgirton, Ehlridye, 
 English, Find; Gridtr, Hardivrj. Hirrini/tnn, Benjamin 
 G Harris. Charles M. Harris, Herridc, Hot man William 
 Johnson, Kernan, King, Knapp, Law, Laxar, Le Blnnd, 
 Long, Mallory, Marcy, Mcl-mvell, McKinmy. William H. 
 Miller, James R. Morris, Mar ison. Nelson, No',le. Oildl, 
 John O'Neill, Pendleton, Robinson, James S. R llins, Ross, 
 Scott, Stebbins, John B. Strde. Sluar', Sionit, Vnorhees, 
 Wadsworlh, Chilton A. White, Joseph W. W/ti.e, Winfield, 
 Wood—b'i. 
 
 Dec. 17 — Mr. Gree.n Clay Smith offered these 
 resolutions : 
 
 1. R-jolved, Tliat as our country, and the very existence 
 of the bestgovernnient ever instituted by man, are imper- 
 illed by the most causeless and wiclced rebellion that the 
 world has seen, and beiieving, as we do, that the only hope 
 of Saving this country and preserving this Government is 
 by ilie pciwerof the sword, we are for the most vigorou-i 
 jiroserution of the war until the Constitution and laws 
 shall be enforced and obeyed in all parts of the United 
 iMaies ; and to that end wo oppose any armistice, or inter- 
 VHution, or mediation, or iiroposition for peace from any 
 quarter, so long as there shall ho found a rebel inarms 
 Bjjainst the Government • and we ignore all party names, 
 line,", an<l issues, and recognize but two parties in this war 
 — patriots ;.iid traitors. 
 
 •1. That we hold it to be the duty of Congress to pass all 
 necessary bills to supply men and money, and the duty of 
 the people to render every aid in their power to theconsti- 
 tutedau.horiliesof the. Government in the crushing out of 
 the rebellion, and in bringing the leaders thereof to con- 
 dign punishment. 
 
 3. 'I hat our thanks are tendered to our soldiers in the 
 f:.lU for their ga lautry in defending and upholding the 
 flaj; of the Union, and defending the great principles dear 
 to every American patriot. 
 
 A division of the question having been 
 ca'led, and the question being on the first re- 
 eolulion : 
 
 Mr. Ancona moved that it be laid on the 
 table ; which was disagreed to — yeas 60, nays 
 100, as follows : 
 
 Yeas — Messrs. James C. Alkn, William J. Allen, Ancona, 
 B.'i-s, Brooks, Chanter, Clay, Cnffroth, Cox, Cravens, Daw- 
 son, Dtnison, Eden, Eilgerton, Eldridge, English, Finck, 
 (.rider. Hall, Harding, Harnngton, Benjamin G. Harris, 
 Charles SI. Harris, Herrirk, William Johnson, Kernan, 
 King, Knapp, Lair, Le Blond, Long, Mi^Uory, McDowell, 
 Kckinney, Miildldun, William H. Miller, James R. Morris, 
 Morrison, iY./s'», .\ul,l.; John O'Neill, Pendleton, Radford, 
 ^'.imuel J. Randall, Rcldnson, Rogers, James S. Rollins, 
 Ross, John B. Strcle, Stiles, Strouse, Sluart, Sweat, Vnorhees, 
 Wadsworth, Wheeler, ChiUon A. While, Joseph W. While, 
 Winfield, iroftd— 60. 
 
 Nays — Messrs. Allison, Ames, Arnold, Ashley, Baily, Au- 
 gustus C. Baldwin,,lohn D. Baldwin, Beaman, Blaine, Blow, 
 Boutwell, Boyd, Brandegee, Bioomall, Jamis S. Brown, 
 William G. Brown, Ambrose W. Clark, Freeman Clarke, 
 Cobb, Cole, Creswell, Henry Winter Davis, Thomas T. 
 Davis, Dawes, Doming, Dixon, Donnelly, Driggs, Dumont, 
 Eckloy, Eliot, Farnsworth, Fenton, Frank. C'?ison,Garfleld, 
 Gooch, Grinnell, Grisivold, Halo, lli^'by, llooiior. Ilotchkiss, 
 A.^ah. 1 W. Hubbard, Jno. H. Ilubbar.f, lliilbind, Ilntchins, 
 Jenckes, .Julian, Kasson, Kclley, Francis W. Kell.ifrg, Or- 
 lando liellogg, Loan, Lovejoy, Marvin. J/c.1Hi.>-/'C)-,^IcBri(le, 
 McClurg, Mclndoe, Samuel F. Miller, Moorhoad, Morrill, 
 
 Daniel Morris, Amos Myers, Leonard Myers, Norton, Odell, 
 Charles O'Neill, Orth, Patterson, Porham, Pike, Pomeroy, 
 Price, William H. Randall, Alexander H. Rice, John H. 
 Rice, Edward II. luillins, Schenck, Scofield. Shannon, 
 Sloan, Sniilli, Siaitlicrs. Spalding, iYfftWns, Stevens, Thayer, 
 Tricv, Van Valk.niiiii^'h, Ward. Ellihu B. Washburne, 
 William B. Wa,lii urn. Whaley, Williams, Wilder, Wilson, 
 Windom, Woodbri.Ig^'—lOO. 
 
 The resolution was then agreed to — yeas 94, 
 nays 65, sis follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Ander.=on, Arnold, 
 Ashley, Baily, John D. Baldwin, Beaman, Elaine, Blow, 
 Boutwell. Boyd, Brandcgee, Broomall, Ambrose W. Clark, 
 Cobb, Cole, Creswell, Henry Winter Davis, Thos. T. Davis, 
 Dawes, Doming, Dixon, Donnelly, Driggs, Dumont, Eckloy, 
 Eliot, Farnsworth, Fenton, Frank, Garfield, Guoch, Grin- 
 nell. Hale, Higby, nooper. notchkiss, Asahel W. Hubbard, 
 John II. Hubbard, Ilulburd, Jenckes, Kas.son, Kulloy, Fran- 
 cis W. Kellogg, Orlando Kellogg, Loan, Longyear, Lovejoy, 
 Marvin, McAllister, aicBride, McClurg, Mclndoe, Samuid F. 
 Miller, Moorliead, Monill, Daniel Morris, Amos Myers, 
 Leonard Myers, Norton, Odell, Charles O'Neill, Orth, Pat- 
 terson, Perham, Pike, Pomeroy, Price, William II. Randall, 
 Alexander H. Rice, John II. Rice, Edward U. Rollins, 
 Schenck, Scofield, Shannon, Sloan, Smith, Smithers, Spald- 
 ing, Stevens, Thayer, Tracy, Van Valkenburgh, Ellihu B. 
 Washburne, Wm. B. Washburn, Whaley, Williams, Wilder, 
 Wilson, Windom, Woodbridge, Teaman — 04. 
 
 Nats — Messrs. James C. Allen, William J. Alkn, Ancona, 
 Avgustus C. Baldwin, Bliss, Brooks, Chanler, Coffroth, Cox, 
 Cracens, Daws(m, Denison, Eden, Edgerton, Eldridge, Eng- 
 lish, Finck, Ganson, Grider, Grisivold, Hall, Harding, Ben- 
 jamin G. Harris, Charles M. Harris, Herrick, Hidchins, 
 William Johnson, Kernan, Knapp, Law, Le Blond, Long, 
 Mallory, Marcy, McDowell, McKinney, Middleton, Wm. H. 
 Milter, James R. Morris, Morriso/n, Nelson, NoWe, John 
 O'Neill, Pendleton, Perry, Radford, Samuel J. Randall,, 
 Robinson, Rogers, James S. Rollins, Ross, Scott, John B. 
 Steele, William G. Sleek, Stiles, Strouse, Stuart, Foorhees, 
 Wadsworlh, Ward, Wheeler, Chilton A. White, Joseph W. 
 White, Winfield, Fernando Wood—Go. 
 
 The second resolution was agreed to — yeas 
 153, nays 1, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, Baily, Augustus C. Baldwin, John D. Baldwin, 
 Beaman, Blaine, Bliss, Blow, Boutwell, Boyd, Brandegoe, 
 Brooks, Broomall, James S. Brown, William G. Brown, 
 Chanler, Ambrose W. Clark, Freeman Clarke, Clay, Cobb, 
 Coffruth, Cole, Cox, Cravens, Creswell, Henry Winter Davis, 
 Thomas T. Davis, Dawes, Dawson, Deming, Denison, Dixon, 
 Donnelly, Driggs, Dumont, Eckley, Edgerlon, Eldridge, 
 Eliot, English, Farnsworth, Fenton, Finck, Frank, Ganson, 
 Garfield, Gooch, Grider, Grinnell, Griswold, Hale, Hall, 
 Harding, Charles M. Harris, Hei-rick, Iligby, Holman, 
 Hooper, Ilotchldss, Asahel W. Hubb.-ud, John II. Hubbard, 
 Hulburd, Hutchins, Jenckes, Wm. Johnson, Julian, Kasson, 
 Kelley, Francis W. Kellogg, Orlando Kellogg, Kernan, 
 King, Law, Lazear, Le Blond, Loan, Lovejoy, Mallory, 
 Marvin, McAllister, McBride, McClurg, Mclndoe, McKinney, 
 Middleton, Samuel F. Miller, William H. Miller, Moorhead, 
 Morrill, Daniel Morris, James R. Morris, Morrison, Amos 
 Myers, Leonard Myers, Ndson, Noble, Norton, Odell, 
 Charles O'N.ill, John O'Neill, Orth. Patterson, Perham, 
 Prri/, Pike, Pomeroy, Price, Rail ford, Samuel J. Randall, 
 William II. Randail, Alexander II. Rice, John H. Rice, 
 Rogers, Edward II. Rollins, James S. Rollins, Schenck, 
 Scofield, Scott, Shannon, Sloan, Smith, Smithers, Spalding, 
 Stebbins, John B. Steele, Wdliam G. Steele, Stevens, Strouse, 
 Stuart, Sweat, Thayer, Thomas, Tracy, Van Valkenburgh, 
 Wadsworth, Ward, Ellihu B. Washburne, William B. Wash- 
 burn, Whaley, Wheeler,Joseph W. TF/iiic, Williams, Wilder, 
 Wilson, Windqpi, Winfeld, Woodbridge, I'eaman— 153. 
 
 Nay— Mr. Benjamin G. Harris— 1. 
 
 The third resolution was agreed to- yeas 168, 
 nays 1, (Mr. B. G. Harris.) 
 
 On this vote, Jlessrs James C. Allen, Wm. J. 
 Allen, Ancona, Eden, Harrington, Knapp, Long, 
 Longyear, McDowell, Pendleton, JRobinson, Stiles, 
 Voorliees, Webster, Chilton A. White and Fer- 
 nando Wood — KJ, who are not recorded before, 
 voted aye; and Mr. Hooper, who is recorded 
 before, did not vote. 
 
 18G4, Jan. 7 — Mr. John D. Baldwin offered 
 this preamble and resolution : 
 
 Whereas the organized treason having its headquarters 
 at Richmond exists in defiant violation of the national 
 Constitutiou and has uo claim to be treated otherwise tbaa 
 
LEGISLATIOX, ORDERS, PROCLAMATIONS, ETC. 
 
 299 
 
 as an outl^iw ; and wherons thU Richmond combination of 
 rOM8i)irators and traitors can have uo r plitfiil authority ov r 
 the pejil" of any porti n of the national Union, unci no 
 warrant for assuming control of tlie political destiny of the 
 pople of any ?tate or secti 'U of this Union, and uo apology 
 but that of conspiracy and treason for any assumption 
 of authority whatever : Therefore, 
 
 Resolved. That any proposiiion to noRotiate with the 
 rebel leaders at Richmond (sometimes called '-the author- 
 ities at Richmond") for a restoration of loyalty and order 
 in those portions of the Republic which hivo been disor- 
 ganized by the rebellion is. in effect, a proposition to rec- 
 ognize the ringloaders of the rebellion as entitled to repre- 
 eent and bind the loyal citizens of the United States 
 whom they oppress, and to give countenance and support 
 to the pretensions of conspiracy and treason: »nd there- 
 fire every such proposition should be rejected without 
 hesitation and delay. 
 
 Mr. Cox moved to lay the resolution on the 
 table, M'hie-h was disagreed to ; and it was then 
 passed — yeas 88, nays 24, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Baily, Augustus C. Baldwin, .Tohn 1). Baldwin, Eaxic", 
 Beaman, Blaine, Jacob B. Blair, Blow, Boiitwcll, Boyd, 
 Braudej;ee,Broomall, James S. iJ/'oiivi, Wi liamG. Brown, 
 Cobb, Cole, Creswell, Henry Wmtcr liavis, Dawes, Dcming, 
 Dixon, Donnelly, Eckley , Eliot, Farnsworth, Fouton, Garfield, 
 Gooch. Grinuell, GcisiooW, Hale, Uigby, Holnian, Unopcr , 
 John H Hubbard, Hulburd, Julian, Kasson, Kollcy, Fran- 
 cis W. Kellogg, ^eman,irin.sf, Loan, Longvear, Lovejoy, 
 Marvin, McBride, McClu.-g, MUdlelun, Morn 1, Daniel 
 Morris, Amos Myers, Leonard Myers, Moses F. Ode;?,Charlep 
 O'Neill, Orth, Perham, Pike, Pomeroy, Price, William H. 
 Randall, John H. Rice, Scofiold, Shannon, Sloan, Smith, 
 Smithers, Spalding, 5;€fclins, Stevens, 5iuea«,' Thayer, Tracy, 
 Upson, Van Vallccnburgli, Ellihii B. Washbiirno, William 
 B. Washburn, Webster, Wdliams.Wiison, Wmdom, Wood- 
 bridge, Yeaman — S8. 
 
 Nats — ilessrs. Ancona, Bliss, BrooT^s, Cox, Denison, Edrjer- 
 ion, Find; Harrinfjton, Charles M. Harris, Ilerrick, Kna/p, 
 Long. Marcy, Wiliiani U. Miller, Mcrrison, Nolle, Pendle- 
 ion. Perry. Pruyn, Samuel J. Randall, Rogers, Ross, 
 S^rnuse, Fernando Wood — 24. 
 
 The preamble was then agreed to — yeas 102, 
 nays none, as follows : 
 
 YE.4.S — Messrs. Alley, Allison, Ames. Anderson, Arnold, 
 Haily, Augustus C. Baldwin, John D. Baldwin, Baxter, 
 Blaine, Jacob B. Blair, B. iw, Boutwell, Brandeaeo. Brnuksi 
 Broomall, James S. Brown, Wm. G. Biown, Cobb, Cojfroth, 
 Cole, Cox, Cravens, Creswell . Thomas T. Davin, Dawes, Dom- 
 ing, D'-.nisnn, Dixon, Eliot, Feotoii, Finck. Frank, Garfield, 
 Gooch. Cru/er, Grinnell, Griswold, Hale, Harrington, Her- 
 rick, Uigl)y, Holman. Uo^per. John U. Hubbard, Hulburd, 
 Julian, Kasfon, Kelley, Francis W. Kellogg, Keman, Kmg, 
 Lazear, Loan, Longvear, Lovejoy, Marvin, McBride, 
 McClurg, Middlf.i.on, ll'm. H. MiUcr, Morrill, I.'aniel Morris, 
 Amos Myers. Leonard Myers, Noble, Norton, Odell, Charles 
 O'Xeill. brth, Pike, Pomerov, P. ice, Pruyn, Samuel J. Ran- 
 da/Z, William IL Randall, John II. Rice, Rogers, Scofield, 
 Sloan. Smi h, Smithers, Spaldinir. Stebbins, John B. Steele, 
 Wn. G. Steele. Ste\eus, S:rnu.'<e, Sweat. TU-.iyer, Tracy, Up- 
 Bon, Van Valkenburgh, E lilin B Washluirne. Widiam B. 
 
 "Hshburn. Web-ter, JbscM W. White, Williams, Wilson, 
 
 January 7 — Mr. Rogers offered these reso- 
 lutions : 
 
 Resolved, That as our country and the existence of the 
 old Union arc imperilled by a rebellion against the wisest 
 and best government ever devised Ijy man, we are for the 
 most united, determined, ami vigorous prosecution of the 
 war for tho purpose of enforcing the Constitution of the 
 United States and the laws made in pursuance thereof in 
 all parts of tho United States: but at the same time we .-u-e 
 for adding to force the power of conciliation and compro- 
 inis'3 so far .is is consistent with an honorable and lasting 
 peace, and founded solely upon a restoration of the Union 
 tinder the Constitution, and in no event to agree to or coun- 
 tenance a dissolution of the Union ; and that we believe 
 the appointment of commissioners upon the part of the 
 Federal Government, to meet commissioners similarly ap- 
 pointed by the insurgent States, to convene in some suitable 
 place for the purpose of considering whether any, and if 
 any, what plan may be adopted consistent with tlie honor 
 and di.;nity of the nation, and based upon a restoration of 
 the whole Union, by which tho present war may be brought 
 to a close, and the lives, limbs, and health of the gallant 
 officers and soldiers of the Union preserved, and the liber- 
 ties of the people maintiiiued, is not iucousiiitent with the 
 
 honor and dignity of the Federal Government, but, as an 
 indication of the spirit which animates the adhering States, 
 would, in any event, tend to strengthen us in tho opinion 
 of other nations and the loyal people of the insurgeni 
 States ; and hoping, as we sinf erely do, that the people of 
 tha southern States would reciprocate the peaceful indica- 
 tions thus evinced, and believing, as we do, that under the 
 blessings of God great benefits would arise from such con- 
 ference, we most earnestly recommend such conference to 
 the consideration of the President and Senate of the United 
 States, and request their co-operation therein, and hope 
 that the President will appoint commissioners for that pur- 
 
 2. That the people of the several States now in rebellion 
 against the Goveniment of the United States, whenever 
 tiity shall de.sire to return to the Union and obey the Con- 
 stitution of the United St;ites, and laws made in pursuance 
 thereof, have a right under and by virtue of the said Con- 
 stitution to reorganize their respective State governments 
 with all their domestic institutions as they were before the 
 war, and to elect representatives to tho Congres of the 
 United States, and to be represented in the Union with all 
 the rights of the people of the several States, and without 
 any conditions precedent except that of being liable to be 
 punished aecoruing to the Constitution and laws made in 
 pursuance thereof, as th-ir laws and acts of secession are 
 unconstitutional and void. 
 
 On motion of Mr. Stevens they were laid 
 upon the tabic — yeas 78, nays 42, as follows: 
 
 Yeas — Messrs. Alley, Allison, .\mes, Anderson, Arnold, 
 Baily, John D. Baldwin, Baxter, Beaman, Blaine, Jacob B 
 Blair, Blow, Boutwell, Boyd, Brandegee, Broomall, William 
 G.Brown, Cobb, Cole, Creswell, Thomas T. Davis, Dawes, 
 Doming, Dixon, Donnelly, Ecklej', Eliot, Famsworth, Fen- 
 ton. Frank, G.arfield, Gooch, Grinnell, Hale, Higby, Hooper, 
 Hulburd, Julian, Kasson, Kelley, Francis W. Kellogg, Or- 
 lando Kellogg, Loan, Lovejoy, IMarvin, McBride, McClurg, 
 Morrill, Daniel Morris, Amos Myers, Leonard My ere, Moses F. 
 Odell. Charles O'Neill, Orth, Perham, Pomeroy, Price, Wil- 
 liam n. Randall, Scofield, Shannon, Sloan, Smith, Smithers, 
 Spalding, Slcbhins, Stevens, Thayer, Thomas, Tracy, Upson, 
 Van V.alkenburgh, Ellihu B. Washburne, William B. 
 Washburn, Webster, Williams, Wilson, Windom, Wood- 
 bridge— 7^. 
 
 Nays — Messrs. William J. Allen, Ancona. Augvstus C. 
 Baldwin, Brooks, James S. Brown, ChanUr, Cox, Cravens, 
 Dawson, J)eni^on,Eden, Fdgerton, Finck, Grider, Griswold, 
 Harrington, Charles M. Hn-ris, Htrrick, Holman, Keman, 
 Knapp, Lazcar, Long, Marcy, William H. Miller, Morrison, 
 Noble, Pendleton, Perry, l*ruyn, Samuel J. Randall, Robin- 
 son, Rogers, James S. Rollins, Ross, John B. Steele, William 
 G. Sieele, Strouse, Sweat, Joseph W. White, Fernando Wood, 
 Teaman — 12. 
 
 Jan. 18 — Mr. Dawson, of Pennsylvania, of- 
 fered the following preamble and resolution : 
 
 WTiereas a great civil war like that wliich now afflicts the 
 United States is the most grievous of all national calam- 
 ities, producing :is it does, spoliation, bloodshed, anarchy, 
 public debt, official corruption, and private immorality, tho 
 American Government cannot rightfully wage such a war 
 upon any portion of its people, except for the sole purpose 
 of vindicating the Constitution and laws and restoring both 
 to their just .supremacy; and whereiis this House, on the 
 'lid day of July, ISGl, speaking in the name of tho Ameri- 
 can people and in the face of the world, solemnly and truly 
 declared that it was waged for no purpose of conquest or 
 oppression, but solely to restore the Union, with all the 
 rights of tho people and the St;iteunimp;urcd; and whereaa 
 in evil > \ I , • ; • iilly in every war of invasion, and most 
 parti ;i . i; i a civil war between portions of the same 
 couir. I it ought to be clearly defined and the 
 
 ternis ■ . ; II ;l. -i.ited upon wluch hostilities will cease; 
 and the advancing ;u-mies of the Government should carry 
 the Constitution in one hand, wdiile they hold the sword in 
 the other, so that tho invaded party may have its choice 
 between the two : Therefore, 
 
 Rcsolccd, Th.at the President be requested to make known 
 by public proclamation or otherwise, to all the country, 
 that whenever any State now in insurrection shall submit 
 herself to tho authority of the Federal Government, as de- 
 fined in the Constitution, all hostilities .ag;unst her shall 
 cease, aud such State shall bejjrotected from all external 
 interference with the local l.aws and institutions, and her 
 people bhall boguarantiedin the full enjoyment of all those 
 rights which the Federal Constitution gavo them. 
 
 Mr. Stevens moved that they be laid upon 
 the table, which was agreed to — yeas 79, naya 
 5C, as follows : 
 
 Yeas — Messrs. Allison, Ames, Arnold, Ashley, John IX 
 
300 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 Baldwin, Baxter, Benman, Blaine, Francis P. Blair, jr., 
 Jacob B. Blair, Boutwcll, BranUc'gce, Broomall, Ambrose 
 W.Clark, Freeman Clarke, Cole, Creswell, Ileury Winter 
 Davis, Thomaa T. Davis, Dawes, Deming, Dixon, Driggs, 
 Eckley, Kliot, Farnsworth, Feuton, Franli, Garfield, Gooch, 
 Higby, Hooper, Ilotchkiss, Asahel W. Hubbard, Hul- 
 burd, .Tenckes, Julian, Ki»s.«on, KcUey, Francis W. Kel- 
 logg, Longyear, Love.joy, Marvin, Mcltrido, McCIurg, Mc- 
 Indoe, Samuel F. Milier, Moorhead, Morrill, Daniel Morris, 
 Amos Myers, Leonard Myers, Charles O'Neill, Orili, Pat- 
 terson, Pike, Price, William II. Randall, Alexander II. Rice, 
 John II. Rice, Edward II. Rollins, Schenck, Scofield, Shan- 
 non, Smith, Smithers, Spalding, Stevens, Thayer, Thomas, 
 Upson, \'an Vallcenburgh, Ellihu B. Washburne, 'William B. 
 Washburn, Whaley, Williams, Wilson, Window, Wood- 
 bridge — 79. 
 
 Nays — Messrs. James C. Alien, Ancona. Auntistus C. Bald- 
 win, BlCsa, /)VooAs, Jamr-s S. Brown, William G. Brown. 
 C'lianler, Coffroth, Cox, Dawson, Dcnison, Eden, Edgerton, 
 Eldridge, English, Finck, Ganton, Grider, Griswold, Hale, 
 Hidl, Harding, Harrinntrm, Benjamin G. Tlarris, Herrick, 
 Uolman, Hutchins, William Johnson, Kei-nan, Lazear, Le 
 Blond, Long, Marnj, McAllister, McDowell, Mc Kinney, 
 Middleton, William IT. Miller, James It. Morris, Morrifon, 
 Xehon, Pendleton, liobinson, Ross, John B. Steele, Stiles, 
 Stuart, Sweat, roorhecs, Wm. II. Wad.:worth, Whaler, Chil- 
 ton A. White, Joseph W. White, Fernando Wood, Tea- 
 
 February 29 — Mr. Long, of Ohio, offered this 
 preamble and resolution : 
 
 Whereas history teaches that there never has been a civil 
 war that was not settled in the end bj* compromise, and 
 iniii^much as no possible harm can result either to the 
 character cr dignity of the United States from' an honest 
 effort to stop the effusion of fraternal blood, and restore tho 
 Union by the return of the States in rebellion to their 
 allegiance under the Constitution ; and whereas the Presi- 
 dent, with a full knowledge of the lessons taught by history 
 in relation to all civil wars, in his inaugural address said, 
 "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 old questions as to terms 
 of intercourse are again upon you ; " and whereas we now 
 have an armistice, decreed by the Almighty, and executed 
 for the past two months by the snows and ice of winter, 
 thereby affording time and opportunity for reflection upon 
 the past three years of horrible, relentless, and destructive 
 civil war with all its calamities, and a pi-ospective view of 
 increased horrors in the approaching conflicts; and whereas 
 a preamble and resolutions were, on (he 7th of February, 
 instant, introduced in the House of Representatives of the 
 Confederate Congress at Richmond denying the statement 
 of the President of tho United States "that no propositions 
 for peace had been made to the United States by the Con- 
 federate States," and aflirming that such propositions were 
 prevented from being made by the President of the United 
 StJites, in that he had refused to hear, or even to receive, 
 two commissioners appointed to treat expressly for peace: 
 Therefore, bo it 
 
 Besolved, That the Pre=ident be, and he is hereby, most 
 earnestly, but respectfully, requested to appoint Franlclin 
 Pierce, of New Hampshire: Millard Fillmore, of New York; 
 Thomas Ewing, of Ohio, and such other persons as the Pres. 
 ideiit may see proper to select, as commissioners on behalf 
 of the United States, who shall be empowered to meet a 
 conimi.=sion of like number when appointed for tho same ob- 
 ject on behalf of 1 bo Confederate btates, at such time and 
 place as may be agreed upon, for (he purpose of ascertain- 
 ing, before the renewal of hostilities shall have again com- 
 menced, wli tlier the war Hli;dl not now cease, and the 
 Union bo restored by the return of all Ihe States to the al- 
 legiance and their rights under the Constitution. 
 
 Which was disagreed to — jeas 22, nays 96, 
 as follows : 
 
 Yeas — Messrs. Jam^s C Allen, Ancona, Brools, Coffroth, 
 Denison, Edeo, Eldridge, FincV, Kni'pp. Long, McDowell, 
 Wm. n. Miller. Morrison, John O'Neill, Pendleton, Samuel 
 J. Randall. Rogers, Ross, Stiles, Slrouse, Voorhees, Chilton 
 A. White— 22. 
 
 Navs — Ml ssr.s. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, Augustus C. B Idwin, John I). Baldwin, Baxter, 
 J.acob B. Blair, Blow, Boutwcll, Boyd, Brandcgee, William 
 fl. Brown, Ambrose W. Clark, Frce'man Clarice, Cobb, Cole, 
 Creswell, Henry Winter Davis, Dawes, Doming, Dixon, Don- 
 nelly, Driggs, Dumont, Ec'.;ley, Eliot, Farnsworth, Fenton, 
 Frank, Ganson, Garfield, Griuno 1, Griswold, Hale, Higby, 
 Uolman, Hooper, Ilolrhkiss, John II. Hubbard. Hutchins, 
 Jenckes, Julian, Kclley, Orlando Kellogg. Kcrvan, King, 
 Loan. I.ove.joy, Marvin, McBride. McClnrg, ^'o^ndoe, Samuel 
 F. Miller, Jloorhead, Morrill, Daniel Monis, Amus llyers, 
 
 Leonard Myers, Nelson, Norton, Charles O'Neill, Perham, 
 Pike, Pomeroy, Price, Radford, William H. liaudall, John 
 II. Rice, Schenck. Scofield, Shannon, Moan, Smithers, 
 Spalding, Starr, Stebbins, John B. Steele, Stevens, Thayer, 
 Thomas, Tracy, Upson, Van Vallcenburgh, Wadsiiorth, 
 Ellihu B. AVa^hburne, William' B. W^ashburn, Whaley, 
 Williams, Wilder, Wilson, Wiudom, Winfield, Woodbridge 
 
 — te. 
 
 May 30 — Mr. Lazear asked consent to offer 
 this resolution : 
 
 Whereas the fratricidal war which has for the last three 
 years filled every neighborhood of our once united and happy 
 country with mourning, and has drenched a hundred battle- 
 fields with the blood of our fellow-citizens, and laid waste 
 many of the fairest portions of the land, and yet has failed 
 to restore the authority of the Federal Government in the 
 seceded States ; and whereas wo believe a misapprehension 
 exists in the minds of a liu-ge portion of the people of the 
 South as to the feelings which actuate a large portion of 
 the people of tho free States, and which misapprehension 
 we are called upon by every consideration of humanity and 
 a sense of justice to correct and if possible remove, whether 
 we regard in making tliis effort what we owe to ourselves, 
 to our fellow-countrymen of the South, or to the world : 
 Therefore, t 
 
 Resolved, That no truly loyal citizen of the United States 
 desires the application of any rule or law in determining the 
 rights and privileges and the measure of responsibility of 
 the people of any of the States but such as shall have been 
 determined by the Supreme Court to be in accordance with 
 and sanctioned by tlie Constitution and well-established 
 usages of the country. 
 
 2. That the President, in his capacity of Commander-in- 
 Chief of the Army and Navy of the United States, be, and he 
 is hereby, required to adopt such measures as he may think 
 best, \vith a view to a suspension of hostilities between the 
 armies of the North and the South for a period not exceed- 
 ing days ; and that he bo also authorized to adopt or 
 
 agree upon some plan by which the decision of tlie great 
 body of the people North and South may be secm-ed upon 
 the question of calling a convention composed of delegates 
 from all the States, to which shall be referred the settlement 
 of all questions now dividing the southern States I'rom the 
 rest of tho Union, with a view to the restoration of the sev- 
 eral States to the places they were intended to occupy in 
 the Union, and the privileges intended to be granted to 
 them by the framers of our national Constitution, who were 
 in our opinion tho most enlightened statesmen and purest 
 p.atriots that ever lived, and than whom wo cannot hope to 
 find wiser or better counsellors in the present exigency in 
 our national affairs. 
 
 Objection was made. 
 
 June 30 — Pending the consideration of the 
 Enrollment Bill, the following amendment was' 
 offered by Mr. Le Blond, of Ohio : 
 
 Provided, That no levy of troops shall be made under tho 
 provisions of this act, except by volunteering, till such time 
 as the President of the United States shall have made a re- 
 quest for an armistice ; and shall have made such efforts as 
 arc consistent with honor to restore harmony among the 
 Slites, by the appointment of commissioners emiioworod 
 to negotiate for peace upon the terms of a restoration of the 
 Union under tho Constitution, and until such offer shall 
 have been rejected by the so-called Confederate govern- 
 mout. 
 
 Which was rejected — ^yeas 13, nays 91, as 
 follows : 
 
 Yeas— Messrs. Ancona, Bliss, Edgerlon, Eldridge, Finck, 
 William Johnson, Long, Jam^s R. Morris, Noble, John 
 d'Neill, Pcndleti.n, Ross, ChiUon A. While— U 
 
 Nays — Messrs. Alley, Allison, Ames, Ashley, Bat7y, John 
 D. Baldwin, Baxter, Beaman, Jacob B.Dlair,Bontwcll, Broom- 
 all. J. S.B)OW!i, W.G.Brown, Cobb, Cole, Creswell, Dawes, 
 Dixon, Donnelly, Lriggs, Eckley, Eliot, English, Farnsworth, 
 I'Vnlon, Frank," Ganson, Garfield, (ioucii, Griswold, Hale, 
 Hai-thnj, Iligby, Hooper, Hotchkiss, A. W. Hubbard, Hul- 
 burd, lugorsoU, Jenckes, Julian, A"a?(</fet.'cA, Kel cy, Keman, 
 Littlojohn,Loan, Longyear, Mallory, McAllister, McBride, 
 McC urg, Samuel F. Miiler, Moorhead, Morrill, Amos Myers, 
 Leonard Myers, Norton, 0(icli, Charles O'Neill, Orth, Pat- 
 terson, Radford, Randall, Alexander H. Rice, John II. Rice, 
 Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, 
 Smithers, Spalding, Stevens, Stuart, Sweat, Thayer, Thomaa, 
 Tracy, Upson, Van Valkcnburgh, Wadsworth, Ellihu Bi. 
 Wushburnc, William B. Washburn, Webster, Whaley, 
 Wheeler, AVilli:ims, Wdder, Wilson, Windoui, Winfield, 
 Wuodbndge— ai. 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 301 
 
 THE LATE PEACE NEGOTIATION AT NIAGABA FALLS. 
 
 Tht, following correspondence explains it- 
 6elf: 
 
 [Private and confidential.] 
 
 Clifton House, Niagara Falls, 
 
 Canada West, Juhi 12, 1S64. 
 Dear Sir : I am authorized to say that the lion. Clinient 
 C. Clay, of Alabama, Prof. James P. Uolcombe, of Airginia, 
 and Gioige N. Sanders, of Dixie, are ready aud willins to 
 go at once to Washington, upon complete and unqiialified 
 protection being given either by the President or Secretary 
 of War. Let the permission include the three names and 
 one other. Very respectfully, 
 
 GEOKGE N. SANDERS. 
 To the Hon. Horace Geeelet. 
 
 ,, NlAGAKA F\ 
 
 Gentlemen: I am Infon.n 1 M 
 from Richmond as the b. 
 establishment of peace ; t i i : \ 
 in the fultillnunt of your 
 
 X. Y., Jnhi 17, 1S64. 
 
 . n ,.; • .'.:fv ;„-creiUted 
 
 I Ivingtothe 
 
 ■ I ■ ' \\ ushiugtoa 
 
 ii'l I'l i: ■ 1.11 further de- 
 
 sire that Mr. George N. Sanders shall nccoiujiany you. If 
 my information be thus far substantially correct, I am au- 
 tliorlzed by the President of the United States to tender j'ou 
 his safe conduct on the journey proposed, and to accompany 
 you at the earliest time that will be agreeable to you. 
 I have the honor to be, gentlemen, your.s, 
 
 HORACE GREELEY. 
 Messrs. Cl^^ment C. Clay, Jacob Thompson, James P. Uol- 
 combe, Clifton House, C. TV. 
 
 Cliftoji House, Niagara Falls, 
 
 July 18, 1864. 
 
 Sir: We have the honor to acknowledge your favor of 
 the 17th instant, which would have been answered on yes- 
 terday but for the absence of Mr. Clay. 
 
 The safe conduct of the President of the United States 
 has been tendered us, we regret to state, under some mis- 
 apprehension of facts. We have not been accredited to 
 him from Richmond as the bearers of propositions looking 
 to the establishment of peace. 
 
 We are, however, in the confidential emplojTnent of our 
 Government, and are entirely familiar with its wishes aud 
 opinions on that subject ; and we feel authorized to declare 
 that, if the circumstances disclosed in this correspondence 
 were communicated to Richmond we would be at once in- 
 vested with the authority to which your letter refers, or 
 other gentlemen clothed with full powers Vould be im- 
 mediately sent to Washington with the view of hastening 
 a corfsummation so much to be desired, and terminating at 
 the earliest possible moment the calamities of the war. 
 
 We respectfullj' solicit through your intervention a safe 
 conduct to Washington, and thence by any route which 
 may be designated through yorur lines to Richmond. We 
 would be gratified if Ml-. George N. Sanders was embraced 
 in this privilege. 
 
 Permit us in conclusion to acknowledge our obligations 
 to you for the interest you have manifested in the further- 
 ance of our wishes, and to express the hope that, in any 
 event, you will alford us the opportunity of tendering them 
 in person before you leave the Falls. 
 
 We remain, very respectfully, &c., 
 
 C. C. CLAY, Jr., 
 J. P. HOLCOMBE. 
 ■ P. S. It is proper to add that Mr. Thompson is not here, 
 and has not been staying with us since oiu- sojourn in Canada. 
 
 International Hotel, 
 
 Niagara, N. Y., July 18, 1S64. 
 Gentlemen : 1 have the honoi' to acknowledge the receipt 
 Of yours of this date by the hand of Mr. W. C. Jewett. The 
 state of facts therein presented being materially different 
 f om that wliich was understood to exist by the President 
 !• when ho entnis'ed me with the safe conduct required, it 
 Sfems to me on every account advisable that I shoidd com- 
 municate with him by telegraph and solicit fresh instruc- 
 tions, which I shall at once proceed to do. 1 hope tn be able 
 to trausmit the result this afternoon; and, at all events, I 
 Biiall do so at the earliest moment. 
 
 Yours, truly, HORACE GREELEY. 
 
 Messrs. Clement C Clay and James P. Uolcombe, 
 CUJUm House, C. W. 
 
 Clifton House. Niagara Falls. July 18,1864. 
 Ti) the Hon. H. Greeley, Niagara Fulls. J\'. T. 
 
 Sir: We have the honor to acknowledge the receipt of 
 jour note of this date by the hands of Col. Jewett, and will 
 await the further answer which you* propose to send us. 
 We are, very respectfully, &c. 
 
 C.C.CLAY, jr. 
 JAMES V. HOLCOMBE. 
 
 International Hotel, 
 Niagara Falls, N. Y., July 19, 1864. 
 Gentlemen: At a late hour last evening (too late for 
 comnuuiication with you) I received a dispatch informing 
 me that further instructions left Washington last evening, 
 which must reach mo, if there be no interruption, at noon 
 to-morrow. Sliovdd you divide to await their arrival, I feel 
 confident that tliey will enable metoauswer definitely your 
 note of yesterday morning. Regretting a delay which I am 
 sure you will regard as unavoidable on my part, 
 I remain, yours, truly, 
 
 HORACE GREELEY. 
 The Hon. Messrs. C. 0. Clay, jr., and J. P. Uolcombe, 
 Clifton House, Niagara, C. W. 
 
 Clifton House, Niagara Falls, C. W., 
 ,/«/./ I'.MfCt. 
 Sre : Colonel Jewett has just handed us your note ot this 
 date, in which you state that further instruetiiins from 
 Wasliington will reach you by noon to-morrow, if theru be 
 no interruption. One, or possibly both of us, will be obliged 
 to leave the Falls to-day, but will return in time to receive 
 the communication which you promise to-morrow. 
 We remain, truly yours, &c., 
 
 JAMES P. HOLCOMBE, 
 C. C. CLAY, Jr. 
 The Hon. Horace Greeley, 
 
 Now at the International Hotel. 
 
 Executtve Mansion, 
 Washington, July IS, 1864. 
 To whom it may concern: 
 
 Any proposition which embraces the restoration of peace, 
 the integrity of the whole Union, and the abandonment of 
 slavery, and which comes by and with an authority that can 
 conti'ol the annies now at war against the United States, 
 will be received and considered by the Executive Govern- 
 ment of the United States, and will be met by liberal terms 
 on other substantial and collateral points, and the bearer 
 or bearers thereof shall have safe conduct both ways. 
 
 ABRAHAM LINCOLN. 
 
 Internation.vl Hotel, Wednesday. 
 Major Hay would respectfully inquire whether Professor 
 Holcombe and the gentlemen associated with him desire to 
 Bend to Washington by Major Hay any messages in refer- 
 ence to the communication delivered to him on yesterday, 
 and in that case when he may expect to be favored with 
 such I 
 
 Mr. Holcombe presents his compliments to Major Hay, 
 and greatly regrets if his returu to Washington has been 
 delayed by any expectation of an answer to the communi- 
 cation which Mr. Holcombe received from him on yester- 
 day, to be delivered to the President of the United States. 
 That communication was accepted as the response to a let- 
 ter of Messrs. Clay and Holcombe to the Hon. H. Greeley, 
 and to that gentleman an answer has been transmitted. , 
 
 Clifton House, Niagara Falls, July 21. 
 
 [Copy of original letter held by me to deliver to the Hon. 
 Horace Greeley, aud which duplicate I now furnish the As- 
 sociated Press. WM. CORNELL JEWETT.] 
 Niagara Falls, Clifton House, July 21, 1864. 
 To the Hon. Horace Greeley. 
 
 Sir: The paper handed to Mr. Holcombe, on yesterday, 
 in your presence, by Major Hay, A. A. G., as an answer to 
 thp application in our note of the 18th instant, is couched 
 in the following terms : 
 
 " EsECCTrvE JIansion, 
 
 " Washington, July 18, 1S64. 
 " To whom it may concern, : 
 
 "Any proposition which embraces the restoration of peace, 
 the iniegrity of the whole Union, and the abandonment of 
 slavery, which comes by and with an authority that can 
 control the armies now at war against the United States, 
 will be received and considered by tlio Executive Govern- 
 ment of the United States, and will bo met by liberal terms, 
 on other substantial and cOlateral p(ii;its, and the bearer or 
 bearers thereof shall have safe ci>n<luct both wavs. 
 
 "ABRAHAM LINCOLN." 
 
 The application to which we refer was elicited by your 
 letter of the 17th instant, in which you inlbrm Mr. Jacob 
 Thompson and ourselves that you were authorized by the 
 President of the United States to tender us his safe conduct, 
 on the hypothesis that we were "duly accredited from 
 Richmond as bearers of propositions looking to the estab- 
 lishment of peace," and desire a v. sit to Washington in the 
 fulfilment of this missiou. This assertion, to which wo then 
 gave, and still do, entire credence, was accei)ted by us as 
 the evidence of an unexpected but most gratifying change 
 in the policy of the President— a change which we felt au- 
 
302 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 thorized to hope might terminate in tlio conclnsion of a 
 peace miMially just, Iionurabli-, and advanla^o us to thu 
 North and to tlio Soith. exacting no condition but that we 
 should be "duly accredited from Richmond aa hearers of 
 pinpositions looliing to the estab i«hmont of peace." 
 
 Thus proffering a l)asis for confcronce as c.imprcliensive 
 aa wecouUl desire, it seemed to \is that the President opened 
 a door wliich had previously been closed against the Con- 
 federate States for a full intorchanscc of sentiment, free dis- 
 cussion of conflicting opinions, and untrammeled effort to 
 remove all causes of controversj' by liberal negotiations. 
 We indeed could not claim the benefit of a sale-conduct 
 which had been extended to ns in a character we had no 
 ri.i,-lit to assume and had never affected to possess; but the 
 uniform declarations of our Executive and Congress, and 
 their thrice-repeated and ns often repulsed attempts to open 
 negotiations, furnish a sufficient pledge to us thiit this con- 
 ciliatory manifestation on the part of the President of tlie 
 United States would bo met by them in a temper of equal 
 magnanimity. Wo had, therefore, no hesitation in declaring 
 that if this correspondence was communicated to the Presi- 
 dent of the Confederate States, he would promptly embrace 
 the opportunity presented for seeking a peaceful solution 
 of thii unhappy strife. 
 
 We feel confident that you must share our profound regret 
 that the sjiirit which <lictated the first step toward peace 
 had not continued to uniniato the councils of your Presi- 
 dent. Had the representatives of the two Governments 
 met to consider this question, the most momentous ever 
 submitted to human statesmanship, in a temper of becoming 
 moderation and equity, followed, as their deliberations 
 woulil have been, by the prayers and benedictions of every 
 patriot and Christian on the habitable globe, who is there 
 so bold as to pronounce that the frightful waste of indivi- 
 dual happiness and public prosperity which is daily sadden- 
 ing the universal heart might not have been terminated, or 
 if the desolation and carnage of war must still be endured 
 through weary years of blood and suffering, that there rai.i;ht 
 not at least have been infused iuto its conduct something 
 more of the spirit which softens and partially redeems its 
 brutalities? 
 
 Instead of the safe conduct which we solicited, and which 
 your first letter gave us every reason to suppose would be 
 extended for the purpose of initiating a negotiation in 
 which neither Government would compromiso its rights 
 or its dignity, a document has been prcs'inted which pro- 
 vokes as much indignation as surprise. It bears no feature 
 of resemblance to that which was originally off^T-'d, and is 
 unlike any paper which ever before emanated from the 
 constitutional executive of a free people. Addressed " to 
 whom it may concern," it precludes negotiation, aud pre- 
 scribes in advance the terms and conditions of peace. It 
 retm-ns to the original policy of " no bargaining, no negotia- 
 tions, no truce with rebels except to bury their dead, until 
 every man shall have laid down his arms, submitted to the 
 Government, and sued for mercy."' 
 
 Whatever may bo the explanation of this sudden and en- 
 tire change in the views of the President, of this rude with- 
 drawal of a courteous overture for negotiation at the mo- 
 ment it was likely to be accepted, of this emphatic recall 
 of words of peace just uttered, and fresh blasts of war to 
 the bitter end, we leave for the speculation of those who 
 have the means or inclination to penetrate the mysteries of 
 his Cabinet or fathom the caprice of his imperial will. It 
 is enough for us to say that we have no use whatever for the 
 paper which has been placed in our he.nds. 
 
 Wo could not transmit it to the President of the Con- 
 federate States without offering him an indignity, dishonor- 
 ing ourselves, and incurring the well-merited scorn of our 
 lountrymen. While an ardent desire for peace pervades 
 the people of the Confederate States, wo rejoice to believe 
 Iliat there tiro few, if any, among them who would piu'chase 
 it at the expense of liberty, honor, and self-respect. If it 
 can be secured only by their submission to terms of con- 
 quest, the generation is yet unborn which will witness its 
 restitution. 
 
 If there bo any military autocrat in the North who is en- 
 titled to proffer the conditions of this manifesto, there is 
 none in the South authorized to entertain them. Those who 
 control our armies are the servants of the people — not their 
 masters: and they have no more inclination than they have 
 tlie right to subvert the social institutions of the sovereign 
 States, to overthrow their established constitutions, and to 
 barter away their priceless heritage of self-government. 
 
 This correspondence will not, however, we trust, prove 
 wholly barren of good result. If there is any citizen of the 
 I 'oiifederate States who has clung to a hope that peace was 
 possible with this administration of the federal Govern- 
 mcjnt it will strip from his eyes the last film of such delu- 
 sion ; or if there be any whose heartrs have g-own fai it un- 
 der the suffering and agony of this bio xly struggle, it will 
 inspire them with fresh energy to e idure and brave what- 
 ever may yet bo requisite to preserve to themselves and 
 their children all that gives dignity aud value to life or 
 
 hope and consohation to death. And if there bo any patriots 
 or Christians in your laiirl who slii ink apiialied Iruin tlie 
 illimitablo vista of private misery and public calamity 
 wliich str^-tches before tliem, we pray that in tlieir bosiras 
 a resolution may be quickened to recall the abused author- 
 ity and vindicate the outraged civilization of the country. 
 For the solicitude you have manifested to inaugurate a 
 movement which contemplates results the most noble and 
 humane, we return our sinrero thanks, and are, most re- 
 spectfully and truly, your obedient servants, 
 
 C. C. CL.\Y,jr. 
 
 JAMKS P. HOLCOMBE. 
 
 CUFTON IIOrSE, NUGARA FAIT^, 
 
 Wedne'-:dav, July '.0, 1864. 
 CoL. W. C. Jewett, Cataract House, IViajara Falls : 
 
 Sir: Wc are in receipt of your notL>, ahnoiiis'iing us of 
 the departure of the Hon. Horace Greeley Irom the Falls; 
 that he regrets the sad tormiuation of the initiatory steps 
 taken for peace, in consoq'ienco of the change made by 
 the rresidcntin his instruotious to convey commissioners^ 
 to Washington f)r negotiations unconditionally, and that 
 Mr. Greeley will be pleased to recei\'c any answer wc may 
 have to make through you. 
 
 Wc avail ouselves of this offer to enclose a letter to Mr 
 Greeley, which you will oblige us by delivering. Wc can- 
 not take leave of you without expressing our thanks for 
 
 our courtesy and kind cfflces as the intermediary through 
 whom our correspondence with Mr. Greeley has boon con- 
 ducted, and assuring you that we are, very respectfully, 
 vour obedient servants, 
 
 C. C. CLAY, Jr. 
 JAilES l\ HOLCOMBE. 
 
 KR. GREEI.ET TO MR. JEVTETT. 
 
 NuOAR-i Falls, (V. Y.,) July 20, 1864. 
 
 Dear Sir : In leaving the Falls, I feel bound to state that 
 I have had no intercourse with the Confodorato gentlemen 
 at the Clifton House 6«/ s«c/i as I was fully authnrized to 
 holdhy the President of the United States, and that I have 
 done nothing in the premises but in fulfillment of his injunc- 
 tions. The notes, therefore, which yon haveUinlly inter- 
 changed between those gentlemen and luyself can in no 
 case subject you to the imputation of unauthorized dealing 
 with public enemies. 
 
 Yours, HORACE GREELEY. 
 
 W. C. Jewbtt, Esq. 
 
 JIR. JEWETT TO MR. CLAY AND OTHERS. 
 
 NnQARA Falls, July 20, 1864. 
 Hon. C. C. Clat, Hon. .Jacob Thomp. on, Hon. Geo. N. San- 
 ders, Hon. Beverly Tucker, and the other Hon. Repre- 
 sentatives of the Southern Confederacy. 
 Gentlemen : I am directed by Mr. Greeley to acknowledge 
 the receipt of the following telegram from Mr. Clay: 
 
 " St. Catherine's, July 20, 18C4. 
 "ToGeo. N Sanders: 
 
 " Will be with you at five o'clock. Detain Greeley until I 
 see him. C. C. CLAY." 
 
 And to state that, in view of Ids mission being ended, 
 through the rejection of the terms of negotiation in the 
 letter of the President of the United States, delivered to 
 you by Major Ilay, he does not feel himself authorized to 
 take any further steps in the matter. He regrets the sad 
 termination of the steps taken for peace, from the chang > 
 made by the President in his instructions given him to 
 convey commissioners to Washington for negotiations un- 
 conditionally. He will be pleased to receive any answ.r 
 you may have to make in writing through me or any mode 
 you may desire. 
 
 I enclose you a copy of a note from BIr. Greeley addresseil 
 to me justifying the intercourse I have had with you during 
 this short negotiation for peace. 
 
 In conclusion, I tender to you my heartfelt thanks for 
 the kind and generous manner in which you have received 
 mo personally, and for the noble and magnanimous senti- 
 ments you have advanced in a desire to end the bloody con- 
 flict between the two sections. I can only regret that our 
 Government should not have seen the policy, duty, and 
 justice of meeting your generous offer to meet in council 
 unconditionally — terms of a peace to depend upon circur.'.- 
 stauces transpiring during negotiations. My efforts shall 
 be as ever unceasing for peace that shall secure to the 
 section you represent that justice that shall meet with the 
 approval of the civilized world, of the coming International 
 Congress proposed by the wise and noble Napoleon. 
 
 Very truly, WM. CORNELL JEWETT. 
 
 MAJOR HAY TO MR. HOLCOMBE. 
 
 Int:;rnational Hotel, July 21, 1861. 
 Major Hay has just received .Mr. Ilolcombo's note of thi« 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 503 
 
 date, and thanking him for his prompt response, will start 
 at once for V."iisliin,'2;ton. Both Mr. Orccley ;iiid JI:ijor Hay 
 undorstood Mr. Holcombo to say, yesterday, that li" woidd 
 8'>nd to Major Hay any communication ho mi;j,Ut wisli to 
 ti-ansmit to-day, and on that supposition Mr. Greolcy si't out 
 for Now Yorii yesterday, and Major Hay remained. It is a 
 matter of no special importance. Major Hay only wishes 
 to explain his note of to-da}'. 
 
 [From the New York Tribune of July 22.] 
 The telegraphic stories concerninc; peace conferences at 
 Niagara Falls have a slender foundation in fact, but most of 
 the details are very wide of the truth. The Editor of this 
 paper has taken part in and been privy to no further or 
 other negotiations than -were fully authorized, and more 
 than autliorized ; but those related solely to bringing the 
 antagonists face to face in amicable rather than belligerent 
 attitude, with a view to the initiation of an earnest effort 
 for peace, to be prosecuted at AVashington. The movement 
 has had no tmmediate success. 
 
 Of course all reports that the writer has been engaged in 
 proposing, or recivlng, or discussing hypothetical t.^rms or 
 basis of pca'^o, whether with accredited agents of the Rich- 
 mond autiionties or others, arc utterly mistaken. Ho has 
 never had the slightest authorization to do anything of the 
 sort ; and he is quite aware of those provisions of law which 
 relate to volunteer negotiators with public enemies. Those 
 provisions ho heartily approves, and is nowise inclined to 
 violate. 
 
 More than this he does not at yet feel at liberty to state, 
 though he soon may be. All that he can now add is his 
 general inference that the pacilication of our country is 
 neither so difficult nor so distant as seems to be generally 
 supposed. 
 
 Rebel Views of "Peace." 
 
 1862. 
 
 In September, 18G2, these proceedings are 
 published as having taken place in the Rebel 
 Congress : 
 
 In the House of Representatives Mr. Foote 
 of Tennessee, offered the following joint reso- 
 lution proposing to send a commissioner to 
 Washington, empowered to propose terms of 
 just and honorable peace: 
 
 Be it enacted hy the Congress of the Confederate States of 
 America, That the signal success with wliich Divine Provi- 
 dence hiui so continually blessed our arms for several 
 months p;ist would fully justify the Confederate Govern- 
 ment in dispatching a commissioner or commissioners to 
 the Government at Washington city, empowered to pro- 
 pose the terms of a just an honorable peace. 
 
 Mr. Holt, of Georgia, asked the consent of 
 the House to oiTer the following substitute for 
 the resolution : 
 
 The people of the Confederate States are, and have been 
 from the beginning, anxious that the war with the United 
 States should be conducted with the i^-nse established by 
 the rules of civilized and i h'i ii u n litms, and have, on 
 their part, so conducted if. :' i', |i'>;de ardently de- 
 
 sire that said war should > i i lie restored, and 
 
 have so announced from th. I mmu,! 'I'lierefore, 
 
 Resolved, That, whenovri- llic Viiit d States Government 
 shall manifct a like anxiety e.nd a lik" desire, it shall bo 
 the duty of the President ot tlie Conf 'd'n-ate States to ap- 
 point commissioners to treat and negotiate with the 
 
 said United States Government upon saiil subjects, or either 
 of them. 
 
 On motion of Mr. Kenan, of Georgia, the 
 resolution and substitute were laid upon the 
 table — yeas 59, nays 26. 
 
 1863. 
 
 In January, Mr. Ckockett, of Kentucky, in- 
 troduced into the House a resolution with refer- 
 ence to the conditions on which peace should be 
 negotiated; which was debated. 
 
 Mr. FooTE, of Tennessee,* also introduced 
 
 * The Atlanta (Georgia) Intelligencer of the 20th of Janu- 
 ary has the following: 
 
 "•'The resolution intrcduced by Mr. Foote in Congress 
 bearing upon a reconstruction of our Govcriinient with the 
 Northwestern States, we desire novi' solemnly to protest 
 against, and wo trust that they will be tabled by the Con- 
 
 thcso, which were referred to the Committee on 
 Foreign Affairs: 
 
 The people of the Confederate States of America having, 
 in the progress of the pending war, nn.st clo irly demon- 
 strated their ability to maintain by arms tlie claim to sep.v 
 rate indepen 'ence, which they have heretofore asserted be- 
 fore the World, and being inflexibly resolved never to re- 
 linquish the St. ugglo in which ihey are engaged until the 
 great object for which they are contending shall have been 
 finally accomplished; in view of the fact that a great politi- 
 cal reaction in opposition to the tiloudy and utinatc ral war 
 now incoiu'seof prosecutinii, !ia^di-pl;i\cd itself in several of 
 the most populous and inlluen'i 1 Sf;iics of wliat was onto 
 honorably known as •• I'lif i;iiil»d St iti-s of America;'' and, 
 
 in view of the ad iiional tel l iiit. rvi?i : ii'r the avowed 
 
 opponents of desimiisni. im 1 t Im- i ir ^-iii/'il Irii'iids of peace 
 in the North, a i^uve and d.'pi-.rulilo nii-jwiiri liension has 
 Of late arisen in re.!:,ard to the tiiiec.^udilioii of pulilicsenti- 
 ment in the Soulh touching the que,stion of reconstructing 
 that poitical Union once existing under the protection of 
 what i-i known as the Federal Constitution. Now. in order 
 that no further m'sun<lerstanding of the kind referred to 
 m:iy hereafter prevail, and in order that the unchangeable 
 determination of our Government and people, in reference 
 ti the terms upon which alone they would bring the sangui- 
 nary Rtnv.'gle to a close, may be made known, the Congress 
 of the Confederate States of America do resolve as fallows: 
 
 1. There is no plan of reconstructing what was formerly 
 known as the Fcdonil Union to whicli the people of the Con- 
 fedorato States will ever consent. Wrongs too grievous and 
 multiplied have been committed upon us and upon our most 
 cherished rights by a united North, since this unprovoked 
 an<l most wicked war conmionced; a m.ijority of the people 
 of the northern States have too evidently shown themselves 
 to bo utterly incapable of self-government and unmindfnl 
 of all tlie fundamental prin<-iples upon which alono repul> 
 lican inslitiilinn^ (■ 111 be maintained. Tie y havr t"o long 
 subiiiiii' d |i iti ■iillv lo the iron rule of tli.- I* i ■ -t ;ind most 
 degraded ,\,^ ]i..,i-:ii tliiit the world hasv. f l^iiov,ii; (or too 
 long a |i>'M'irl ,,r tiiii" Ihey have openlv.i'il mil In liiii-Iy 
 
 li'avel.r i, >-.,i( int.. lie- l.o ..m'..r tli,. nn i', r -MU to 
 
 lute ami .l.j.secrate all that we huld in Cvji xuil \.hLr.Ui..n; 
 to rob us of our property ; to expel us from our homes an(l 
 wantonly to devastate our country, to allow even of the 
 possibility of our ever again consenting to hold the letist 
 political connection with those who have so cruelly out-* 
 raged our sensibilities and s.) profoundly dishonored them- 
 selves, and in association with whom we feel that we could 
 not expect that fiecd.im which we love, that self-respect 
 which \\* are .l.'l i mined ever to cultivate, and the esteem 
 and syin|. iihv .C livilized and Christian nations. 
 
 2. Willi.' tie' ('..ii,'..lerato States of America .are not at 
 all resii..n ilil.- I. a- tlie existing war, and have been at all 
 times r.' ,.!;, ! . i.uii.ipate in such arrangements as would 
 be b'st -ml I I., i rim; it to a close, in a manner consistent 
 with thca- .iwii ^a(.'(y and honor, they could not yield their 
 consent I. an ./c/h/ '.'ec of a single day or hour, so long as 
 the ineen.liary pr.iclamation of the atrocious monster, now 
 bearing rule in Washington city, shall remain unrevoked ; 
 nor could the government of said Confederate States agrco 
 to negotiate at all in regard to a suspension of hostilities, 
 except upon the basis of a formal and unconditional recog- 
 nition of their independence. 
 
 3. 'Whenever the friends of peace in the North shall gi-ow 
 strong enough to constrain Abraham Lincoln and his flagi- 
 tious Cabinet to withdraw said proclamation, and propose 
 an armistice upon the basis aforesaid, the Government of 
 the Confederate States will bo ready to accede to said prop- 
 osition of armistice with a view to the settlement of all ex- 
 isting difficulties. 
 
 4. Should peace be at iiny timo brought about, the Con- 
 federate States of America would freely consent lo the form- 
 ation of a just and mutually advantageous commercial 
 
 federate Congress, whenever they are taken up to be con- 
 sidered. Wo are fiijhting this war for Soul hern indopend- 
 enco and for a Government < f I'outhern States, recogniaing 
 African slavery as an institution ord lined of God, l)eneficial 
 to mankind, a necessity in our social and political rclatio;is 
 as ;■ tates, and in our intercourse with nil other nations or 
 States. Hence the admission of any free .''tate intonr.r 
 Union is not only repugnant to us, but it will beonly a con- 
 tinuance of that evil which has brought on the war, and 
 which to get rid of we .are now fightin,'. If the Northwest- 
 ern States should shako off the North and East, and set up 
 for themselves a new (iovernment, and d sire to be at peace 
 with the South, no barrier will be i>Iaced in their way by 
 our Government, and we shall be willing to treat with thera 
 as an independent Government — in peace, as friends ; in 
 wai-, as foes." 
 
304 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 treaty with all the States now constituting the United States, 
 except New England, with whose people, and in whose ig- 
 noble love of gold and Ijrutifjing fanaticism this disgrace- 
 ful war has mainly origlnatud ; in cousideratiun of which 
 fiict the people of the Confidcrate Stiitos of America are 
 firmly and deliberately resolved to have no intercourse 
 whatever hereafter, either direct or indirect, political, com- 
 mercial, or social, under any ciroumstances wliich could be 
 possibly imagined to exist, with said Slates of New England, 
 or the people therein resident. 
 
 5. The Government of tlio Confederate States, in consid- 
 eration of tlio change in i)ublic sentiment which has oc- 
 curred in several of the Northern States, wherein political 
 elections have been recently held — sympathizing most 
 kindly with those by whose manly exertions that change 
 ha3 been brought about — would be willing to conclude a 
 just and honorable peace with any one or more of said 
 States who, renouncing all political connection with New 
 England, may be found willing to stipulate for desisting at 
 once from the further prosecution of the war against the 
 South, and in such case the Government of the Confederate 
 States would be wilUng to enter into a league, offensive and 
 defensive, with the States thus desisting, of a permanent 
 and enduring character. 
 
 6. The Government of the Confederate States is now 
 ■willing, as it ha-s heretofore repeatedly avowed itself to be, 
 whenever the States bordering upon the Mississippi river, 
 or any of them, shall have declared their inclination to 
 withdraw from tlie further prosecution of the war upon the 
 South, (which, could it be successful, would only have the 
 effect of destroying their own best market,) to guaranty to 
 them in the most effectual and satisfactory manner the 
 peaceful and uninterrupted navigation of the said Missis- 
 sippi river and its tributaries, and to open to them at once the 
 markets of the South, greatly enhanced in value to them as 
 they would be by the permanent exclusion of all articles of 
 New England growth or manufacture. 
 
 7. The conr^^e nf practical neutrality in regard to the 
 pending war h •I'toloT.-' pursued by the States and Territo- 
 tories west (I th • Ki" l;.v Mountains has afforded the highest 
 gratification tt) tlio in'uplo of the Confederate States of 
 America; and it is hoped that the day is not far distant 
 when said Spates and Tcrritoiies, consulting their own ob- 
 vious safety gnd future welfare, will witiulraw from all 
 political connection with a Government which has hereto- 
 fore been a sCKirce of continual opprcssiim to them ; and 
 when said States and Territories, asserting their separate 
 independence, shall appropriate to themselves the manifold 
 advantages sure to result from such a movement, among 
 which may be reckoned : 1st. Relief from grievous and ex- 
 hausting tariff regulations, now being rigidly enforced. 
 2d. Relief from all the discredit resulting inevitably from 
 the prosecution of the presentunjust and unauthorized war. 
 Cd. Relief from the pressure of a despotism the most heart- 
 less and atrocious ever yet established. 4th. Relief from 
 the crushing weight of taxation unavoidably growing out 
 of the war. Jjth. The exclusive use and enjoyment of all 
 the rich mineral lands stnjtching along the slope of the Pa- 
 cilic. 6th. I'lee trade with all the nations of the earth, and 
 a future maritime growth and power that has no parallel; 
 and hustly, a monopoly of the trade of the Pacific ocean. 
 
 8. Resolved, That the President be respectfully reijuested, 
 if he shall approve these resolutions, to cause them to be 
 promulgated and transmitted to the States of the North by 
 such means as he shall deem most judicious; and that he 
 accompany them, if he think it advisable, with such an ad- 
 dress or proclamation, expository of the matters embodied 
 therein, as he shall judge most suitable and proper. 
 
 Jan. 21 — Mr. Foote remarked in relation to 
 proposed retaliation by Mr, Clopton : 
 
 He (Sir. Foote) did not certainly intend to call info ques- 
 tion the motives or acts of the President iu reference to 
 this matter ; hnt the gentleman from Virginia must be 
 aware Ihat the judiciaries of most of the States were most 
 familiar with Ihoir own laws on the subject under consider- 
 ation, and know what would be most satisfactory to their 
 own people better than the Confederate Government could 
 possibly know. But one point he desired especially to no- 
 tice. It could not but be apparent to every one how these 
 measures of retaliation wou'd result — ihe amount of blood- 
 shed and terrible atrocities to which it would lead. ITiere- 
 fore he desired that a messenger or messengers sliould bo 
 Bent to the Northern Government, to propose terms of hon- 
 orable peace — to let them know what was to be expected 
 by a continuance of the war under present auspices^ This 
 would give heart to that great Peace party which is now 
 Si)ringing up at the North and daily increasing in strength, 
 especially in the Northwestern States, where the people 
 are already c'amorous for peace. And if the Lincoln Gov- 
 ernment still persisted in their atrocious course, ouraction 
 would show the world that upon that Govarnmcnl rested 
 all the future responsibility. It would show that if they 
 
 persisted in this demoniacal and he'.lish Warfare, we are 
 not to blame. lie was sure, huwever, that tliese political 
 uprisings in the States of Illl:j.iis, Iiuliaua, and Ohio, were 
 of DO little moment, and the results would presently 
 appear. 
 
 In September, certain "peace resolutions" 
 were introduced into llie Senate of Virginia, 
 which proposed in substance that three com- 
 missioners should be appointed by each of the 
 Confederate States, to repair to each of the 
 States remaining in the old Union, and make 
 known to the Governors of each of them that 
 the Confederate States demand that they will, 
 by the ballot-box, consent that the Confederate 
 States be allowed thenceforth to be separated 
 from them in peace. 
 
 These re.olutions were discussed at some 
 length, and then indefinitely postponed by a 
 unanimous vote. When they were first offered 
 and read — 
 
 Mr. ARMSTROya moved that the rules be suspended for 
 the purpose of acting on the resolutions forthwith. 
 
 Mr. Collier appealed to the Senate to allow the resolu- 
 tions to lay on the table, in order that Senators might have 
 full time to reflect on their importance. 
 
 Mr. Seddon was unwilling to allow the silent sanction of 
 the Senate to endoi-se for an hour these resolutions. He 
 was in favor of disposing of them without delay. 
 
 The rules were then suspended. 
 
 Mr. Nash moved the indefinite postponement of the reso- 
 lutions. He regi-etted painfully to see such resolutions 
 offered. He objected to them Mo caln. He was as much 
 opposed to sending commissioners to Gov. Morgan, or any 
 other northern Governor, as to IMr. Lincoln. In their views 
 and public policy they were all alike. 
 
 Mr. Collier thought tlie action of the Senate was hasty 
 and inconsiderate. The scheme he proposed never had been 
 attempted. There was no clause in the Constitution that 
 provided for a peaceful dissolution of the Union. A sort of 
 dread filled the puljlie mind in regard to propositions of 
 peace, because they might do harm. If there was any ex- 
 pression in the preamble or resolutions which inculcates 
 the idea that we are to desist from the struggle till the in- 
 dependence of this Confederacy was achieved he would like 
 to know it. He was willing to fight on, to fight on till we 
 should obtain our independence ; but while fighting with 
 one hand he would hold out the olive-branch of peace with 
 the other. Ho hoped, if the resolutions were to be buried, 
 they would be allowed the decent respect shown to all 
 corpses, of remaining twenty-four hours before interment. 
 
 The roll was called, and the vote stood — ayes GS, noes 1, 
 (Mr. Collier.) So the preamble and resolutions were indefi- 
 nitely postponed. 
 
 In the Legislature of Georgia, the same sub- 
 ject was considered, on which the Savannah 
 Republican remarked : 
 
 We hope the Georgia Legislature will let this question 
 alone, and turn their attention to war. The peace talk is 
 designed to help the Northern Democrats, but it is a great 
 mistake. It helps Lincoln, as we shall see to our sorrow. 
 
 In the Legislature of North Carolina,* some 
 
 * 3Iarch 4, 1S64, 'VVm. W. Jlolden issued this card : 
 
 To Vie People of North Carolhia : In compliance with the 
 wishes of many friends, I announce myself a candidate for 
 the office of Governor of North Carolina, at the election to 
 be held on the first Tuesday in August next. 
 
 My principles and views, as a conservative, "after the 
 strictest sect," are well known to the people of the State. 
 These principles and views arc what they have been. They 
 will not be changed. 
 
 I am not disposed, at a time like this, to invite the people 
 from their employments, and add to the excitement which 
 prevails in the i)ublic mind by haranguing theiu for their 
 votes. We need all our energies to meet the common 
 enemy, and to provide means of subsistence for our troops 
 in the field and the people at home. Let the people go 
 calmly and firmly to the polls and vote for the man of their 
 choice. I will cheerfully abide their decision, whatever it 
 may be. 
 
 If elected I will do everything in my power to promote 
 the interests, the honor, and the glory of North Carolina, 
 and to secure an honorable peace. 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 305 
 
 resolu'ions were submitted, whicli are thus 
 described by a lliclimond paper : 
 
 They assert the ri;;lit of the people to meet ami consult 
 for the good of the country ; denounce mob violence and 
 military aggression upon tiie freedom of the press ; pledge 
 the State to a firm miiintenance of the decisions ofits legal 
 tribunals, and applaud Gov. Vance for his manly defence of 
 the State judiciary. They further compliment the army 
 for its gallantry and heroism, and urge a tiiithful discharge 
 of duty in vigorously prosecuting the war for national inde- 
 pendence. They further declare that formal negotiations 
 for peace, on the basis of separation from the United States, 
 Bliould be instituted by the treaty-making power, and urge 
 our Representatives in Congress to exert themselves to 
 bring about such negotiations. They further recommend 
 proposals from the Confederate authorities to the Federal 
 Congi'ess looking to the holding of a peace convention for 
 the adjustment of diflBculties, whose action shall be subject 
 to the ratilicatiou of the people. 
 
 TEBMS OF PEACE INDICATED BY THE RICHMOND 
 ENQUIRER. 
 
 [From the Richmond Enquirer, Oct. 16.1 
 
 Notwithstanding the cheering rumors of an early recog- 
 nition by France, uotwitbstaudiug the fact that the Cabinet 
 at Washiugton has been considering " proposals for peace" 
 —proposals of its owu, for it has none of ours to consider— 
 notwithstanding the White Flag that was seen in the 
 heavens by a respectable woman, and the march of serial 
 troops northwards, witnessed by a man of good character, 
 in the clouds — in spite of all this, there is not the slightest 
 prospect of spec Jy peace visible to us. There will be no 
 peace until the military power of the Yankee nation is en- 
 tirely brol£eD,aud its people so thoroughly sickened of the 
 war that we can exact our own terms. 
 
 Save on our own terms, we can accept no peace what- 
 ever, and must fight till doomsday rather than yield an iota 
 of them ; and our terms arc: 
 
 Kecognitiun by the enemy of the independence of the 
 Confederate States. 
 
 Withdrawal of Yankee forces from every foot of Confed- 
 erate ground, including Kentucky and ilissouri. 
 
 Withdrawal of Yankee soldiers from Maryland until that 
 State shall decide, by a free vote, whether she shall remain 
 in the old Union or ask admission into th» Confederacy. 
 
 Consent, on the part of the Federal Government to give 
 up to the Confederacy its proportion of the navy as it stood 
 at the time of secession, or t J pay for the same. 
 
 Yielding up of all pretension, on the part of the Federal 
 Government, to that portion of the old Territories which 
 lies west of the Confederate States. 
 
 An equitable settlement — on the basis of our absolute 
 Independence and equal rights— of all accounts of the pub- 
 lic debts and public lands, and of the advantages accruing 
 from foreign treaties. 
 
 These provisions, we apprehend, comprise the minimum 
 of what we must require before we lay down our arms. 
 That is to say, the North must yield all ; we uothing. The 
 whole pretension of that country to prevent by force the 
 separation of the States must be abandoned, which will be 
 an equivalent to an avowal that our enemies were wrong 
 from the first ; and, of course, as they waged a causeless 
 and wicked war upon us, they ought, in strict justice, to be 
 required, according to usages in such cases, to reimbiu-se to 
 us the whole of our expenses and losses in the course of 
 that war. 
 
 Whether this last proviso is to be insisted upon or not, 
 certain we are that we cannot have any peace at all until 
 we shall be in a position, not only to demand and exact, 
 i>ut also to enforce and collect, the treasure for our own re- 
 imbursement out of the wealthy cities in the enemy's 
 country. In other words, unless we can destroy or scatter 
 thoir armies and break up their Government, we can have 
 n^j peace ; and if wo can do that, tlien we can, and ought 
 not only to extort from them our own full terms, and am- 
 ple acknowledgment of thoir wTong, but also a handsome 
 indenmity for the trouble and expense caused to us by their 
 crime. 
 
 Now, wo are not yet in a position to dictate those terms 
 to our enemies, with Ilosecrans"s army still in the heart of 
 our country, and Bleade still on Virginia soil ; but though 
 it is too soon to propose such conditions to them, yet it is 
 important that wo should keep them plainly before our own 
 eyes as the only admissible baais of any conceivable peace. 
 This well fixed in the Confederate mind, there will bo no 
 more feaiiul looking for of news from Europe, as if that 
 blessed jieace were to come to us over the sea, and not to be 
 conquered on our own ground; no more gaping for hints 
 of recognition, "filling the belly with the east wind;" no 
 more distraction or diversion from the single momentous 
 jusiness of bracing up every nerve and sinew of the coun- 
 try for battle. 
 20 
 
 It is especially now, at a moment when great and per- 
 haps decisive battles are impending at two or three points, 
 that we think it most essential to insist upon the grand ea- 
 tire magnificence of the stake and of the cause. Once more 
 we say, it is all or nothing. This Confederacy or the Yan- 
 kee nation, one or the other, goes down, down to perdition ; 
 that is to say, one or the other must forfeit its national ex- 
 istence, and lie at the mercy of its mortal enemy. Wo all 
 know by this time the fate in store for us if we succimib. 
 The other party has no smaller stake. As surely as we 
 completely ruin their armies — and without that is no peace 
 nor truce at all — so surely shall we make them pay our war 
 debt, though we wring it out of their hearts. And they 
 know it well ; and therefore they cannot make peace except 
 through utter exhaustion and absolute inability to strike 
 another blow. 
 
 The stake they have to forfeit, then, if they lose this 
 dreadful game, is as vital as ours. So is the stake to be wou 
 if they win anything. It is no less than entire possession 
 of our whole country, with us in it, and everything that is 
 ours, from the Ohio to the Rio Grande, to have and to hold 
 to them and their heirs forever. But, on the other band, 
 what we mean to win is utter separation from them for all 
 time. We do not want to govern their country; but after 
 levjing upon it what seemeth good to us, by way of indem- 
 nity, we leave it to commence its political life again from 
 the beginning, hoping that the lesson may have made them 
 sadder and wiser Yankees. We shut them out forever, 
 with all their unclean and scoundrelly ways, intending to 
 lead our lives here in our own Confederate way within our 
 own well-guarded bounds; and without, as St. John says, 
 " without are dogs." 
 
 And lot no Confederate of feeble knees and tremulous 
 backbone say to us, this complete triumph is impossible; 
 say that we must be content with some kind of compro- 
 mise, and give and take. On the contrary, we must gain all 
 or lose all ; and that the Confederates will indeed win the 
 giant game, we take to be as certain as any future event in 
 this uncertain world. Meade's army and Rosecrans'a once 
 scattered, Lincoln can get no more armies. The draft turns 
 out manifestly fruitless. Both the German and the Irish 
 elements are nowfor peace ! The Yankees have to bear the 
 brunt of the war themselves ; but, in the mean time, their 
 inevitable bankruptcy is advancing like an armed man; 
 "hungry ruin has them in the wind." It cannot bo long 
 before the Cabinet at Washington will have indeed to con- 
 sider seriously "proposals of peace," under auspices and 
 circumstances very different from the present. 
 
 For the present the war rolls and thunders on — and may 
 
 God defend the right I ^ 
 
 1864. 
 
 [From the Richmond Examiner, February 8.] 
 
 The following extraordinary resolutions were yesterday 
 introduced in tlie House of Representatives by Mr. Wright, 
 of Georgia. The House went into secret session before tak- 
 ing any action upon them : 
 
 Whereas the President of the United States, in a late pub- 
 lic communication, did declare that no propositions for 
 peace had yet been made to that Government by the Confed- 
 erate States, when, in truth, such projtositions were pre- 
 vented from being made by the President of tlie United 
 States, in that he refused to hear, or to receive, two com- 
 missioners appointed to treat expressly of the preservation 
 of amicable relations between the two Governments. 
 
 Nevertheless that the Confederate States may stand justi- 
 fied in the sight of the conservative men of the North of all 
 parties, and that the world may know which of the two 
 Governments it is that urges on a war unparalleled for the 
 fierceness of the conflict, and intensifying into a sectional 
 hatred unsurpassed in the annals of manldnd : Therefore, 
 
 Jiesolved, That the Confederate States invite the United 
 States, through their Government at Washington, to meet 
 them by Representatives equal to their Representatives and 
 
 Senators in their respective Congress, at , on the — — 
 
 day of next, to consider, 
 
 First. Whether they cannot agree upon the recognition 
 of the Confederate States of America. 
 
 Second. Jn the event of such recognitwn, whetlier they can- 
 not agree upon the formation of a new government, founded 
 upon the equalilij and sovereignty of the Slates; but if this 
 cannot be done, to consider — 
 
 Tliird. Whether they cannot agree upon treaties, offensive, 
 defensive, and commercial. 
 
 Resolved, In the event of the passage of these resolutions, 
 the President be requested to communicate the same to the 
 Government at Wa.sliington in such manuer as he shall 
 deem most in accordance with the usages of nations ; and 
 in the event of their acceptance by that Government, he do 
 issue his proclamation of election of delegates, undur such 
 regulations as he may deem expedient. 
 
 In the House of Representatives, May 23, Mr. 
 J. T. Leach, of North Carolina, submitted tho 
 
306 
 
 LEGISLATION, ORDERS, PROCLAMATIONS, ETC, 
 
 following preamble and resolutions, which were 
 read by the clerk, creating quite a sensation on 
 the floor, among the privileged scats, and in 
 the galleries : 
 
 Whereas, The unconstitutional enactment of laws by the 
 Congress of the United States, upon subjects of vital im- 
 portance to tlie harmony and independence of the States, 
 the happiness and prosperity of tlio people, the preserva- 
 tion and perpetuation of the Union, against the demands of 
 justice, tlie appeals and admonitions of her best and wisest 
 statesmen, made it our painful duty to fall back upon tlie 
 rights for which tlie colonies maintained the war of tlie 
 Revolution, and wliich our forefathers asserted and main- 
 tained to be clear and inalienable : 
 
 Hesolved, by tlie. Congress of the Ccmfederate States, That 
 the delegates from each State, acting in sovereign and inde- 
 pendent character, for tlio purpose of adding moral to our 
 physical force, and placing ourselves properly before the 
 civilized world, do most earnestly appeal to the President, 
 by and with the advice and consent of the Senate, to appoint 
 commissioners whose duty it shall be to propose an armistice 
 of ninety days to the proper autiiorities of the Federal Gov- 
 ernment, preliminary to negotiation upon State sovereignty 
 and independence ; and the said commissioners shall report 
 iu writing to the President the answer received from the 
 Federal Government uiion the subject. 
 
 Resolved, Tiiat should the peace-making power of the 
 Federal Government accede to the proposition for an armis- 
 tice of ninety days, the President be requested to convene 
 the Congress of the Confederate States for the purpose of 
 appointing commissioners, by and with the advice and con- 
 sent of the Senate ; and that he be also requested to notifj' 
 the executive of tlie several States of the fact, and ask their 
 co-operation by appointing commissioners, either by the 
 Legislature or by convention, to co-operate with the com- 
 missioners appointed by the President, and to negotiate with 
 the commissioners appointed by the Federal Government 
 upon such terms of peace as will bo consistent with the 
 honor, dignity, and independence of the States, and compat- 
 ible with the safety of our social and political rights. 
 
 Resolved, That in maintaining the rights g' aranteed to 
 ns by the blood and treasure of onr revolutionary fathers, 
 and dear at all times to freemen, we desire to be let alone. 
 We take no man's property ; we fi.^ht not for conquest, but 
 for our rights, the Independence of the citates, our equality, 
 our civil and religious liberties. 
 
 Resolved, That such terms of peace as agreed to by the 
 commissioners ought to be endorsed by tlie Pre.«ident and 
 Senate, and submitted to the people for their ratification or 
 rejection. 
 
 Mr. FooTE, of Tennessee, moved the reference of the pre- 
 amble and resolutions to the Committee on Foreign Affairs. 
 
 Mr. McMuLLEN inquired whether the subject of the reso- 
 lutions was not a proper one for the secret session. 
 
 Mr. Leach said ho desired it to be discusiSed in open ses- 
 Bion. 
 
 Mr. CotTRAD rose to a point of order. A rule was adopted 
 »tthola.-t session, which is still force, requiring that all 
 euch resolutions be received and discussed iu secret session. 
 
 The Speaker said that such a rule liad been adopted, but 
 it h.ad special reference to the last session. 
 
 Mr Leach insisted tliat the importance of tlie question 
 involved iu tlie resolutions should commend them to the 
 gravest considerations of the body. They were not his views 
 only, but the ^ lews of his cnnstiiuents, and a good portion 
 of the people of North Carolina. 
 
 Mr. A. II. Garland, of Arkansas, hoped the gentleman 
 would not proceed until the Chair had settled the point of 
 order that li.ul been raised. 
 
 Mr. Fo. TE renewed his motion to refer the resolutions to 
 the Committee on i-'oreign Affairs. 
 
 Mr. McMlllen moved to lay tlie resolutions upon the ta- 
 ble. 
 
 Mr. Marshall, of Kentucky, rose to a point of order. The 
 gentleman from North Carolina [Mr. Leach) had the floor, 
 and he had not yielded it. The gentleman from Virginia 
 [Mr. McMuUen] was usurping the floor. 
 
 Mr. FoOTE didn't want to cut off any remarks the gentle- 
 man from North Carolina might have to make in support 
 of bis resolutions. 
 
 Mr. Leach said the presentment of the resolutions was 
 a duty he owed to himself and his constituents. If the 
 House didn't like the resolutions, it can dispose of them in 
 any manner that it sees proper. All ho asked was a full 
 and impartial hearing; that accorded him and his resolu- 
 tions, he would be satisfied. 
 
 Mr. McMuLLEN withdrew his motion, and Mr. Heiskell, 
 of Tennessee, renewed his — the call for the ayes and noes 
 apon laying the resolutions upon the tabic. 
 
 The ayes and noes were taken and the resolutions tabled. 
 
 After a short interval, Mr. Conbad, of Louisiana, rose to 
 • personal explanation. He had read over the peace reso- 
 
 lutions submitted by the gentleman from North Carolina, 
 [Mr. Leach,] and ho found that they look to separate State 
 action iu the prosecution of peace. Taking that view of 
 them, he could not give them his countenance or support. 
 He aslicd leave to cliange his vote on tlic motion to lay them 
 upon the table. Ho had voted "aye;" ho would now vote 
 " no." 
 
 Mr. J. T. Leach said he held in his hand the address of 
 the last Congress to the people of the Confederate States. 
 Tho principles there enunciated were embodied almost 
 wholly in tfiese resolutions. 
 
 Mr. Swan, of Tennessee, asked and obtained leave to 
 change his vote on tlie motion to lay the resolutions on tho 
 table. 
 
 Mr. Kead, of Kentucky, moved to reconsider the vote by 
 which the resolutions were disposed of, so that all the mem- 
 bers might exercise their discretion in voting. 
 
 Mr. Marshall, of Kentucky, was for treating the resolu- 
 tions of the gentleman from North Carolina with becoming 
 respect. They tUd not represent his own views more than 
 the views of his congressional district. He thinks they are 
 proper and right, and so think his constituents. 
 
 The debate soon began to be somewhat stormy and per- 
 sonal, and, after much wrangling, the resolutions were 
 tabled by 62 ayes to 'I'l nays. 
 
 CORRESPONDENCE BETWEEN JEFF. DAVIS AND GOV. 
 VANCE, OF NORTH CAROLINA. 
 [From the Petersburg Express, May 24.] 
 State or North Carolina, Executive DEPARiJrENT, 
 Raleigh, December 30, 1863. 
 Ilis Excellency President Davis : 
 
 My Dear Sir : After a careful consideration of all the 
 sources of discontent in North Carolina, I have concluded 
 that it will be impossible to remove it, except by making 
 some effort at negotiation with the enemy. 
 
 The recent action of the Federal House of Representatiyes, 
 though meaning very little, has greatly excited tho public 
 hope that the northern mind is looking toward peace. I 
 am promised by all men who advocate this course that if 
 fair terms are rejected it will tend greatly to strengthen 
 and intensify the war feeling, and will rally all classes to a 
 more cordial support of Wio Government. 
 
 And although our position is well known as demanding 
 only to be let alone, yet it seems to me that for the sake of 
 humanity, without having any weak or improper motives 
 attributed to us, we might, with propriety, constantly 
 negotiations. In doing so we would keep conspicuously 
 foro the world a disclaimer of our responsibil . 
 great slaughter of our race, and convince the humblest of 
 our citizens — who sometimes forget the actual situation — 
 that the Government is tender of their lives and happiness, 
 and would not prolong their sufferings unnecessarily one 
 moment. 
 
 Though statesmen might regard this as useless, the peo- 
 ple will not, and I tliink our cause will be strengthened 
 thereby. I have not suggested the method of these nego- 
 tiations or their terms. The effort to obtain peace is the 
 principal matter. 
 
 Allow me to beg your earnest consideration of this sug- 
 gestion. 
 
 Very respectfully yours, Z. B. VANCE. 
 
 DAVIS'S REPLT. 
 
 ExECUTrvE OrncE, 
 Richmond, January 8, 1864. 
 
 Dear Sir: I have received your letter of tho 30th ult., 
 containing suggestions of the measures to be adopted for the 
 purpose of removing " the sources of discontent" in North 
 Carolina. The contents of the letter are substantially the 
 same jvs those of the letter addressed by you to Senator 
 Dortch, extracts of which were by him read to me. 
 
 I remarked to Mr. Dortch that you were probably not 
 aware of tho obstacles to tho course you indicated, and, 
 without expressing an opinion on the merits of tho pro- 
 posed policy, desired him iu answering your letter to writo 
 lor suggestions aa to the method of opening negotiations, 
 and as to the terms which you thought should bo ofl'ered to 
 tho enemy. 
 
 I felt persuaded you would appreciate the difficulties iia 
 soon as your attention was called to the necessity of con- 
 sidering tho subject in detail. As you have made no sug- 
 gestions touching tlie manner of overcoming the olistacles, 
 I infer that you were not apprised by Mr. Dortch of my re- 
 marks to him. 
 
 Apart from insuperable objections to tho line of policy 
 you propose (and to which I will presently advert) I cannot 
 see how tho more material obstacles are to be surmounted. 
 We have made three distinct efforts to communicate with 
 the authorities at Washington, and iiave been invariably 
 unsuccessful. Commissioners were sent bc'foro hostilities 
 were begun, and the AV;u>hington Government refused t^ 
 receive them or hear what thoy had to say. 
 
 u- motives 1 
 
 ntly tender I 
 
 uously be- I 
 
 ty for the 1 
 
LEGISLATION, ORDERS, PROCLAMATIONS, ETC. 
 
 307 
 
 A Beconrt time I Bcnt a military oflHcor, -witli a commnni- 
 cation addressed by inystir to Presitleiit Lincoln. The 
 letter was received by General Scott, who did not permit 
 the oflBcer to see Mr. Lincoln ; but jiromiscd tliat an answer 
 would be sent. Ko answer has ever Vieen received. The 
 third time, a few months ago, a gentl'.man w:is sent, whoso 
 position, character, and reputation were such as to insure 
 his reception, if the enemy were not determined to receive 
 no proposals whatever from the Government. Vice Presi- 
 dent Stephens made a patriotic tender of his services in the 
 hope of being aD'.o to promote the cause of humanity, and 
 although littic belief was entertained of his success, I 
 cheerfully yielded to his suggestion, that the experiment 
 Bhould bo tried. 
 
 The enoiny refused to let him pass through their lines, 
 or to hold aiiy conference with them. He was stopped be- 
 fore he ever reached Fortress Monroe on his way to Wash- 
 ington.* To attempt again in the face of these repeated 
 rejections of all conference with us, t) send commissioners 
 or agents to propose peace, is to invite insult and contumely, 
 and to subject ourselves to indignity without the slightest 
 chance of being listened to. 
 
 No true citizen, no man who has our cause at heart, can 
 desire this; and the good people of North Carolina would 
 be the last to approve of su(;h an attempt, if aware of all 
 the facts. So far from removing sources of discontent, such 
 a course would receive, as it would merit, the condemnation 
 of those true patriots who have given their blood and their 
 treasure to maintain the freedom, equali ty, and independ- 
 ence which descended to them from the immortal heroes of 
 King's Mountain and otlier battle-fields of the Revolution. 
 If, then, these proposals cauuot be made tlirough envoys, 
 because the enemy would not receive them, how is it possi- 
 ble to communicate our desire for peace otherwise than by 
 the public announcements contained in almost every mes- 
 sage I ever sent to Congress? 
 
 I cannot recall at this time one instance in which I have 
 failed to announce that our only desire was peace, and the 
 only terms which formed a .Hue qua non, were precisely 
 those that you suggested, namely "a demand only to be let 
 alone." But suppose it were practicable to obtain a confer- 
 ence through commissioners with the Government of Presi- 
 dent Lincoln, is it at this moment that we are to consider 
 it desirable or even at all admissilde ? 
 
 Have we not just been apprised by that despot that we 
 can only expect his gracious pardon by emancipating all 
 our slaves, swearing allegiance and obedience to him and 
 his proclamation, and becoming, in point of fact, the slaves 
 of our OAvn negroes? Can there be in North Carolina one 
 citizen so fallen beiieath the dignity of his ancestors as to 
 accept, or to enter conference on the basis of these terms? 
 
 That there are a few traitors in the Mate wlio would be 
 willing to betray the r fellow-citizens to such a degraded 
 condition, in hope of being rew.arded for treachery by an 
 escape from tlie common doom, may be true But I do not 
 believe that the vilest wretch would accept such terms for 
 himself. I cannot conceive how the people of ynur State, 
 than which none has sent nobler or more g;illa t soldiers 
 to the field of battl •, (one of whom it is your honor tc be,) 
 can have been deceived by anything to which you refer in 
 "the recent action of the Federal House of Representa- 
 tives." I have seen no action of that House that does not 
 indicate, by a very decided majority, the purpose of the 
 enemy to refuse all terms of the South, except absolute, un- 
 conditional subjugation or extermination. But if it were 
 
 ♦This is the correspondence : 
 
 Confederate States Steamer Torpedo, 
 In .Tames Rivr.E, July i, 1S63. 
 Sir: As military commissioner, I am the bearer of a com- 
 munication in writing from Jefferson Davis, Commander-in- 
 Chief of the land and naval forces of the Confederate 
 States, to Abraham Lincoln, (?ommnnder-in-Chief of the 
 land and naval forces of the United States. The Hon. 
 Robert Ould, Confederate States agent of exchange, ac- 
 companies me as secretary, for the pui-pose of delivering 
 the comnnmication in person and conferring upon the sub- 
 ject to which it relates. I desire to proceed to Washington 
 in the steamer Torpedo, commanded by Lieut. Hunter 
 Davidson, of the Confederate States Navy, no person being 
 on board but the Hon. Mr. Ould, myself, and the boat's offi- 
 cers and crew. 
 
 Yours, most respectfully, 
 
 ALEX. n. STEPHENS. 
 To S. H. Lee, Admiral. 
 
 Acting Rear Admiral S. II. Lee, ITamptrm Roads : 
 
 The request of Alex. II. Stephens is inadmissible. The 
 customary agents and channels are adequate for all needful 
 military comniunications .and conference between the 
 United States forces and the insurgents. 
 
 GIDEON WELLES, 
 
 .Sec. of Vie Navy. 
 
 otherwise, how are we to treat with the Ilouse of Repro- 
 sentalives? 
 
 It is with Linco.i, alone that we ever couM confer, and 
 his own partisans at the North avow un<>quivocally that his 
 purpose in his mess ige and proclamatiim wao to shutout 
 all hope that he could ever treat with us on any ternis If 
 we will break up our Government, dissolve the Confedera 
 cy. di>band our armies, emancipate our slaves, take an oath 
 of allegiance binding ourselves to obedience to him and (f 
 disloyalty to our own States, lie proposes to pardon us and 
 not to plunder us of anything mi>re than the property al- 
 ready stolen from us, and such slaves as still remain. In 
 order to render his proposals so insulting as to secure their 
 rejection, ho joins to them a promise to support with his 
 aruiy one-tenth of the people of any State who will attempt 
 to set up a government over the other nine-tenths, thus 
 see'^ing to sow discord and suspicion among the people (f 
 the several States, and exc.te them to civil war in further- 
 ance of his ends. 
 
 I know well it would be impossible to get your people, if 
 they possessed full knowledge of these facts, to consent that 
 proposals should now be made by us to those who control 
 the Government at Wixshington. Your own well-known 
 devotion to the great cause of liberty and independence, to 
 which we have all committed whatever we have of earthly 
 possessions, would induce you to take the lead in repelling 
 the bare thought of abject submission to the enemy. 
 
 Yet peace on other terms is now impossible. To obtain 
 the solo terms to which you or I could listen, this struggle 
 must continue until the enemy is beaten out of his vain 
 confidence of our subjugation. Then, and not till then, 
 will it be possible to treat for peace. Till then, all tender 
 of terms to the enemy will bo received as proof that we are 
 ready for 6ubm.ission, and will encourage him in the 
 atrocious warfare whicli he is waging. 
 
 I fear much from the tenor of the news I receive from 
 North Carolina, that an attempt will be made by some bad 
 men to inaugurate movements which must be considered 
 as equivalent to aid and comfort to the enemy, and which 
 all patriots should combine to put down at any cost. 
 
 You may count on my aid in every effort to spare your 
 State the scenes of civil warfare, which will devastate its 
 homes if the designs of these traitors be suffered to make 
 headway. I know that you will place yourself in your le- 
 gitimate position in the lead of those who will not suffer 
 the name of the Old North State to be blackened by such a 
 stain. 
 
 Will you pardon me for suggesting that my only source 
 of disquietude on the subject arises "from the fear that yon 
 will delay too long the action which now appears inevitable, 
 and that by an overearnest desire to recl.aim by conciliation 
 men whom you believe to be sound at heart, but whoso loy- 
 alty is more' than suspected elsewhere, you will permit them 
 to gather siich strength as to require more violent measures 
 than are now needed? 
 
 With your influence and position, the promoters of the 
 unfounded discontent now prevalent in j'our State would 
 be put down without tho use of physical force if you would 
 abandon a policy of conciliation and set them at defiance. 
 In tills course, frankly and firmly pursued, you could rally 
 around you all that is best and noblest in your State, and 
 your triumph would be bloodless. 
 
 If the contrary jiolicy be adopted, I much fear yon will 
 be driven to the use of" force to repress tre;ison. In either 
 event, however, be assured that you will have my cordi.Tl 
 concurrence' and assistance in niaint,aining with you the 
 honor, dignity, and fair fame of your State, arid in your 
 efforts to crush treason, whether incipient, as I believe it 
 now to be, or more matured, as I believe, if not firmly met, 
 it will in our future ine\-itably become. 
 
 I have the honor to be, very respectfully, rours, 
 
 JEFFERSON DAVIS. 
 His Excellency Z. B. Vance, 
 
 Governor of North Carolina. Raleigh, K. C. 
 
 THE LATEST FROM JEFF. DAVIS. 
 
 James R. Gilmore — otherwise known as " Ed- 
 mund Kirke" — who recently visited Richmond 
 with Col. Jacques, writes an explanatory note 
 respecting his visit to the Boston Transcript of 
 July 22, 1864, in which he says of their "mis- 
 sion" : 
 
 It will restilt in nothing. Jefferson Davis said to me Tai^t 
 Simday, (and with all his faults I believe him to bo a man 
 of truth): "This war must go on till the last of this gen- 
 eration falls in his tracks, and his children seize his musket 
 and fight our battle, unless you acknowledge our right to 
 self-government. We are not fighting for slavery; we are 
 fighting for independence, and that or extermination we 
 will have." 
 
MILITAEY ORDERS RESPECTING ELECTIONS. 
 
 Maryland. 
 
 EXTRACT FROM AN ACT OF ASSEMBLY OP 1860. 
 
 No commissioned or non-commissioned officer, having 
 command of any soldier or soldiers quartered or posted ia 
 any district of any county in this State, shall muster or 
 embody any of the said troops, or march any recruiting 
 party within the view of any place of election , during the 
 time of holding said election, under the penalty of one 
 hundred dollars. This section not to apply to the city of 
 Baltimore. 
 
 ELECTION OF 1861. 
 
 1861, Oct. 29— General Marcy, Chief of Mc- 
 Clellan's Staff, issued this order : 
 
 Headquarters Army of the Potomac, 
 Washington, Octofter 29, ISUl. 
 
 General : There is an apprehension among Union citi- 
 zens in many parts of Maryland of an attempt at interference 
 with their rights of suffrage by disunion citizsns on the oc 
 casion of the election to take place on the 6th of Novem- 
 ber next. 
 
 In order to prevent this, the major general commanding 
 directs that you send detachments of a sufQcient number 
 of men to the different points in your vicinity where the 
 elections are to be hold to protect the Union voters, and to 
 see that no disunionists are allowed to intimidate them, or 
 in any way to interfere with their rights 
 
 He also desires you to arrest and hold in coufineraent 
 till a^er the election all disunioiists who are known to have 
 returned from Virginia recently and who show themselves 
 at the polls, and to guard effectually against any invasion 
 of the peace and order of the election. For the purpose of 
 carrying out these instructions you are autborizr^d to sus- 
 pend the habeas corpus. General Stone has received simi- 
 lar instructions to these. You will please confer with him 
 as to the particular points that each shall take the control 
 of. 
 
 lam, sir, very respectfully, your obedient servant 
 E. B. MARCY, 
 Chief (f Staff. 
 Major General N. P. Banks, 
 
 Commanding Division, Muddy Branch, Md. 
 
 Nov. 1 — Gen. John A. Dix issued this order : 
 Headquahtees, Baltimoke, November 1, 1861. 
 3b the United States Marshal of Maryland, and the Provost 
 Marshal of the city of Baltimore. 
 
 Information has come to my knowledge that certain indi- 
 viduals who formerly resided in this State, and who are 
 known to have been recently in Virginia bearing arms 
 against the authority and the forces of the United States, 
 have returned to their former homes with the intention of 
 taking part in the election of tho 6th of November instant, 
 thus carrying out at tho polls the treason they have com- 
 mitted in the field. There is reason also to believe that other 
 individuals lately residents in Maryland, who have been 
 engaged in similar acts of hostility to the United States, or 
 in actively aiding and abetting those in arms against the 
 United States, are about to participato in the election for 
 the same treacherous purpose, with tho hope of carrying 
 over the State by disloyal votes to tho cause of rebellion 
 and treason. I, therefore, by virtue of the authority vested 
 in me to arrest all persons in rebellion against the United 
 States, require you to take into custody all such persons in 
 any of the election districts or precincts in which they may 
 appear at the polls to effect their criminal attempt to con- 
 
 vert the elective franchise into an engine for the subver- 
 sion of the Government, and for tho eucouragemeut and 
 support of its enemies. 
 
 In furtherance of tbisobject, I request tho judges of elec- 
 tion of the several precincts of the State, iu case any such 
 person shall present himself and offer his vote, to commit 
 him until he can be taken into custody by the authority of 
 the United States ; and I call on all good and loyal citizens 
 to support tho judges of election , the United States marshal, 
 and his deputies, and tbe provost marslial of Baltimore and 
 police, in their f fforts to secure a free and lair e.xpression 
 of the voice of tho people of Maryland, and at the same 
 time to prevent the ballot-box from being polluted by 
 treasonable votes. 
 
 JOHN A. DIX, 
 Major General Commanding, 
 Same day, he addressed this letter to the in- 
 spectors of the election at New Windsor, Carroll 
 county : 
 
 Headquarters Departjient of Pennsylvania, 
 Baltimore, Md., November 1, 1801. 
 
 Gentlemen : I have received your letter of the 29th ul- 
 timo, aslung me to issue a proclamation authorizing you to 
 administer to all persons of doubtful loyalty, who offer 
 their votes at the approaching election, an oath to support 
 the Constitution of the United States. If I had the power 
 I would most cheerfully do so, for no one who is false to 
 tho Government ought to be allowed to vote. But the con- 
 Btitutiun and laws of Maryland provide for the exercise of 
 the elective franchise by regulations with which I have no 
 right to interfere. I have this day issued an order, of which 
 I enclose a cony, to the United States marshal and the pro- 
 vost marshal of Baltimore to arrest any persons who have 
 been in arms in Virginia if they appear at the polls and at- 
 tempt to vote, as we are told some such persons intend, and 
 to take into custody all who aid and abet them in their 
 treasonable designs; and I have requested the judges of 
 election, in case any such person presents himself at the 
 polls and attempts to vote, to commit him until he can be 
 taken into custody by the authority of the United States. 
 
 I consider it of the utmost importance that the election 
 should bo a fair one, and that there should be no obstruc- 
 tion to the free and full expression of the voice of the peo- 
 ple of tho State, believing, as I do, that it will be decidedly 
 in favor of tho Union. But it is in the power of the judges 
 of election, under the authority given them, to satisfy them- 
 selves as to the qualifiLations of the voters, to put to those 
 who offer to poll such searching questions in regard to res- 
 idence and citizenship as to detect traitors, and, without 
 any violation of tlie constitution or laws of Maryland, to 
 prevent the pollution of tho ballot-boxes by theii- votes. 
 
 I am, very respectfully, yours, JOIIN A. DIX 
 
 Major General Commanding. 
 Daniel Engel and William Eckf.r, Inspectors of Election, 
 
 New Windsor. 
 MAJOR GENERAL DIX'S ORDER TO PROVOST MAR- 
 SHAL DODGE BEFORE THE MARYLAND ELECTION 
 OF 1861.* 
 
 Baltimore, Nmjtmber 6, 1861. 
 To Provost Marshal Dodge : 
 
 Use all your power to-morrow to have the polls unob- 
 structed. We have shown that we can control Maryland 
 
 * The above. General Dix s.ays, is in all essential particu- 
 lars acoirate, and is given by him from memory. Th» 
 original of the order has been mislaid. 
 
 308 
 
MILITAEY ORDERS RESPECTING ELECTIONS. 
 
 309 
 
 by force. We now wish to show that we can control it hy 
 the power of opinion, and we shall lose the whole moral in- 
 fluence of our victory if the right of sufl'rage is not free, and 
 maintained. 
 
 JOHN A. mx, 
 
 ifi'jor Gaural Commaiuling. 
 FtTRLOUOHING OP SOLDIERS TJ VOTE IN MARY- 
 LAND. 
 
 becketart op wae to gen. m'clelian. 
 War Department, 
 Washington, October 28, 1841. 
 Major Gen. McCleixan, Commanding : 
 
 Sir : In order to have a full vote in Maryland at thecom- 
 ing election, Wednesday, November 6, so that the legal 
 voters may decide by their ballots all public questions, you 
 aie hereby directed to grant three days' furlough to tho 
 eoldiers of tho 1st, 2d, and 3d regiments of Maryland 
 volunteers, all to return to duty on Thursday, Nov. 7. 
 Very respectfully, 
 
 SIMON CAMERON, 
 
 ikcrdary of War. 
 
 gen. m'clellan's order to gen. banks. 
 
 Headquarters Armt op the Potomac, 
 Washington, October 29, 1861. 
 Major Gen. N. P. Banks, Commanding, d-c: 
 
 GENER.iL : Pursuant to directions from the Secretary of 
 War, of the 2Sth inst., of which I inclose you a copy, the 
 Major General commanding directs that such soldiers 
 of the 1st, 2d, and Dd regiments of Maryland volunteers as 
 may be within the limits of your command receive fur- 
 loughs for such a length of time as will enable them to 
 reach the place wherein they may be entitled to vote by the 
 6th of November. Wherever it may be necessary, in order 
 to facilitate the presence of these men at their places of 
 voting, to furnish them tr.insportation, it may be furnished. 
 It is desired that the most liberal and prompt circulation 
 may bo given to these instructions, in order to secure with 
 certainty the carrying into effect the design proposed. 
 
 Sufficient time is to be allowed the soldiers thus fur- 
 loughed to enable them to return after voting, without ex- 
 ceeding the term fixed for their furlough ; but a prompt 
 return is desired. 
 
 Whenever it may be necessary, the absent soldier should 
 be replaced for the time by other troops. 
 
 The General Commanding desires that the receipt of this 
 communication be acknowledged at once. 
 
 I have the honor to be, General, very respectfully, your 
 obedient servant, 
 
 S. WILLIAMS, 
 
 Asst. Adj. Gen. 
 
 ELECTION OF 1863. 
 
 1863, October 27— General Schenck issued 
 this order : 
 [General Orders No. 53.] 
 
 Headquarters, Middle Department, 
 Eighth Army Corps, 
 Baltimore, Maryland, October 27, 18G3. 
 
 It is known that there are many evil disposed persons, 
 now at large in the State of Maryland, who have been en- 
 gaged in rebellion against the lawful Government, or have 
 given aid and comfort or encouragement to others so en- 
 caged, or who do not recognize their allegiance to the 
 United States, and who may a,v;ul themselves of the indulg- 
 ence of the authority which tolerates their presence to em- 
 barrass the approaching election, or, through it, to foist 
 enemies of the United States into power. It is therefore 
 ordered, 
 
 1. That all provost marshals and other military officers 
 do arrest all such persons found at, or hanging aboiit, or 
 approaching any poll or place of election on the 4th of No- 
 vember, 18C3, and report such arrest to these lieadquarters. 
 
 2. That all provost mai-shals and other military officers 
 commanding in Maryland shall support the judges of elec- 
 tion on tho 4th of November, 1863, in requiring an oath of 
 allegiance to the United States, as the test of citizenship of 
 any one whose vote may be challenged on the ground that 
 ho is not loyal, or does not admit his allegiance to the 
 United States, which oath shall be in the following form 
 aiid terms : 
 
 I do solemnly swear that I will support, protect, and de- 
 fend the Constitution and Government of the United Spates 
 a^.'iunst all enemies, whether domestic or foreign : that I 
 liereby pledge my allegiance, faith, and loyalty to the same, 
 any ordinance, resolution, or law of any State convention, 
 or State I/Ogislatnre, to the contrary iiotwithstiinding; that 
 I will at all times yield a hearty and willing obedience to 
 tho said Constitution and Government, and will not, either 
 directly or indirectly, du any act iu hostility to the saiue, 
 
 either by taking up arms against them, oi aiding, abetting, 
 or countenancing thoi^e in arms against them ; that, with- 
 out permission from the lawful authority, I will have no 
 communication, direct or indirect, with the States in insur- 
 rection against the United States, or with either of them, 
 or with any person or persons within said insurrectionary 
 States; and that 1 will in all things deport myself as a good 
 and loyal citizen of tho United States. This I do in good 
 faith, with full determination, pledge, and purpose to keep 
 this, my sworn oi)ligalion, and without any mental reserva- 
 tion or evasion whatsoever. 
 
 3. Provost marshals and other military officers are di- 
 rected to report to these headquarters any judge of an elec- 
 tion who shall refuse his aid in carrying out this order, or 
 who, on challenge of a vote being made on tho ground of 
 disloyalty or hostility to the Government, shall refuse to 
 require the oath of allegiance from such voter. 
 
 By order of Major General Schenck : 
 
 W. II. CIIESEBROUGn, 
 Lieutenant CoUnel and Assistant Adjutant General, 
 
 PROVOST MARSHAL GENERAL's ORDER. 
 
 War Department, 
 Provost Makshal General's Office, 
 Washington, D. C„ October 31, 1863. 
 Direct j'our provost marshals to give their aid in carry- 
 ing out General Schenck's orders for preserving the purity 
 of elections at the polls in Miiryland. 
 
 JAMES B. FRY, 
 Provost Marshal General. 
 Major Jeffries, Acting Assistant Provost Marshal General, 
 Baltimore, Maryland. 
 
 November 2 — Governor Bradford issued this 
 proclamation : 
 
 To the citizens of the State, and more especiaUy the judges of 
 election : 
 
 A military order, issued from the headquarters of the 
 "Middle Department," bearing date the 27th ult., printed 
 and circulated, as it is siiid, through tho State, though never 
 yet published here, and designed to operate on the aiv- 
 proacliing election, has just been brought to my attention, 
 and is of such a character and issued under such circum- 
 stances as to demand notice at my hands. 
 
 This order reciting, "that there are many evil disposed 
 persons now at large in the State of Blaryland, who havo 
 been engaged in rebellion against the lawful Government, 
 or have given aid and comfort, or encouragement to others 
 so engaged, or who do not recognize their allegiance to the 
 United States, and who may avail themselves of the indul- 
 gence of the authority which tolerates their presence, to 
 embarrass tho approaching election, or through it to foist 
 enemies of the United States into power," proceeds, among 
 other things, to direct " all provost marshals and other mil- 
 itary officers, to arrest all such persons found at or hanging 
 about, or approaching any poll or place of election, on the 
 4th of November, 1863, and report such arrest to these 
 headquarters." 
 
 This extraordinary notice has not only been issued with- 
 out any notice to, or consultation with tho constituted au- 
 thorities of tho State, but at a time and under circumstances 
 when the condition of the State, and the chanacter of tho 
 candidates are such as to preclude the idea that the result of 
 that election can in any way endanger either the safety of 
 the Government, or the peace of the community. 
 
 It is a well known fact that, with perhaps one single ex- 
 ception, there is not a congressional candidate in the State 
 whose loj'alty is even of a questionable character, and in 
 not a county of tho State outside of the same congressional 
 district is there, I believe, a candidate for the Legislature or 
 any State office, whose loyalty is not equally undoubted. 
 In tho face of this well known condition of things, the 
 several cl.asses of persons above enumerated are not only 
 to be .arrested at but "-approaching any poll or place rf 
 election." And who is to judge whethervotersthus on their 
 way to the place of voting have given "aid, comfort, or en- 
 couragement" to persona engaged in the rebellion, or that 
 they "do not recognize their allegiance to the United 
 States," and may avail themselves of their presence at the 
 polls " to foist enemies of tho United States into power?"' 
 As I have already said, in a very large majority of the 
 counties of the State there are not to be found among tho 
 candidates any such "enemies of the United States," but 
 the provost marshals — created for a very different purpose — 
 and tho other military officials who are thus ordered to 
 arrest approaching voters are necessarily made by the order 
 the sole and exclusive judges of who fall within the pro- 
 scribed category ; an extent of arbitrary discretion, under 
 any circumstances the most odious and more especially 
 offensive and dangerous in view of tho known fact that two 
 at least of the five provost marshals of tho State are them- 
 selves candidates for important offices, and (sundry of their 
 deputies for others. 
 
310 
 
 MILITARY ORDERS RESPECTING ELECTIONS. 
 
 This military order, therefore, is not only without justifl- ] 
 cation wlieu looking to tlio character of ths candidates be- 
 fore the people, and" rendered still more obnoxious by the 
 means appointed for its execution, but is equally offensive 
 to tha sensibilities of tUo peoplo themselves and the au- 
 thorities of the State, looking to the repeated proofs they 
 h.iTe furnished of an unalterable devotion to the Uovern- 
 mout. For more than two years past there has never been 
 a time when, if every traitor and every treasonable sympa- 
 thizer in the State had voted, they could have controlled, 
 whoever might have been their candidates, a single depart- 
 ment of theState or jeopardized the success of the General 
 Government. No State in tlio Union has been or is now 
 actuated by more heartfelt or unwavering loyalty than 
 Maryland— a loyalty intensified and purified by the ordeal 
 tiirough which it has passed; and yi^ looking to what has 
 lately transpired elsewhere and to the terms and character 
 of this military order, one woirid think that in Maryland 
 and nowhere else is the Oovernnieut endiuigercd by the 
 '■ many evil disposed persons that are now at large." 
 
 Within less than a month the m.ist imi)ortant elections 
 Lave taken place in two of the largest States in the Umon ; 
 ill each of thuni candidates were be lore tlie peop'e. charged 
 by the particular fri(Mid< of the Government, with being 
 hostile to its interests, and wh^se elect i' n was deprecated 
 ■.■s fraught with the most dangerous consequimces to its suc- 
 cess. One of the most prominent of these candidates was 
 i-onsidered so dangerou ly inimical to the triumph of the 
 national cause, that he has been for months past banished 
 from the country, and yet huuJreds of thousands of voters 
 were allowed to approacli ihe polls, and to attempt "to 
 foist" such men into power, and no provost marshals or 
 other military oiBcers Were order to arrest them on the 
 way, or, so far as we have ever heard, even test their allegi- 
 Hncfi by an oath. 
 
 With these facts before us, it is difficult to believe that 
 the sUBgestion that the enemies of the United States may be 
 fiiisted into power at our coming election, was the consid- 
 eration that prompted this order; but whatever m.ay have 
 been that motive. I feel it to be my duty to soleniuly pro- 
 test against such an intervention with the privile:;e3of the 
 feillot-box, nnd so offensive a discrimination against the 
 rights of a loyal State. 
 
 I avail myself of the occasion to call to the particular at- 
 tention of the judges of election the fact that they are on 
 the day of election ol ithed with all the authority of conser- 
 vators of the i^eace, and may summon to their aid any of 
 the executive ofBcers of the county, and the whole power 
 of the county itself to preserve order at the polls and secure 
 the constitutional rights to viiters. 
 
 It is also made their -'special duty" to give information 
 to the Sta'e's attorney for the county of all infractions of 
 the State laws on the subject of elections, and by these 
 laws it is forbidden to any " commissioned or non-commis- 
 sioned offi>:ers, having command f f any soldier or s Idlers 
 quartered or posted in any district of any county of the 
 State, to muster or embody anv of said troops, or march any 
 re"rniting party within the view of any place of election 
 during the time of liolding siid election." 
 
 I need not, I am sure, remind them of the terms of the 
 onth they are required to take before entering upon their 
 duties, andaccirding to which they swear-'to permit all per- 
 sons to vote who shall < ffer to poll at the election, &c , who 
 in thnr judfjiment, shall, according to the directions co^dained 
 in ihe C'onsiitulion and I iws, b- entiUM to poll at the same 
 election, and not permit any person to poll at the same 
 election who is not in their judgment qualified to vote as 
 aforesaid." 
 
 It is the judgment of ihe judg-s nfelectinn alone, foun led 
 upon the provisions of the constitution and the laws of the 
 StHto, that must determine the right to vote of any person 
 offering liimself for ih't purpose. I trust and believe that 
 they will form that judgment, and discharge their duty, as 
 their conscientious convictions of its requirements, under 
 the solemn obligations they assume shall dictate, undeter- 
 red by an order to provost marshals to report them to 
 •• headqu irters." 
 
 Whatever power the State possesses shall be exerted to 
 protect them for anything done in the proper execution of 
 its laws. 
 
 Since writing the above, I have seen a copy of the Presi 
 dent's letter to the ch.airman of the Union State Central 
 Committee, bearing the same date with the order, and 
 dently showing th:it the order was unknown to him, that it 
 would not have been approved by him if he had known it, 
 and that it is therefore all the more reprehensible. 
 
 A. W. BKADFOR]). 
 By the Governor: 
 
 Wm. B. lliLt, Secretary of State. 
 
 After the above was in print, at three o'clock this after- 
 noon, I received from the President the following dispatch: 
 
 "I revoke the first of the three propositions in General 
 gcheuck's Qcueral Order No. 53, uut that it is wrong ia 
 
 principle, but because the military, being of necessity ex- 
 clusive judges as to who shall be arrested, the provision is 
 liable to abuse; for the revoked part I substitute the fol- 
 lowing : 
 
 "That all provost marshals and other military olBcers do 
 prevent all disturbance and violence at or about the polls, 
 whether offered by such pjfsons as above described, or by 
 any other person or persons whomsoever ; the other two 
 propositions I allow to stand; my letter at lengtli will reach 
 you to-night. "A. LINCOLN." 
 
 Whilst this modification revokes the authority of the 
 provost marshals and military officers to arrest the classes of 
 persons enumerated in the preamble to the order, " found 
 at or hanging about, or approaching any poll or place of 
 election," it directs them to prevent all violence or disturb- 
 ance about the polls, &c. 
 
 To meet such disturbances, the judges of election, as I 
 have already stated, are clothed with ample powers, and I 
 had received no previous intimation that there was any 
 reason to apprehend a disturbance of any kind at the polls 
 on the day of election. In the absence of any military dis- 
 play, there would certainly seem to be as little cause for 
 such apprehensions as ever before existed. A preparation 
 by the Government, by military means, to provide for such 
 a contingency, will be quite as likely to provoke as to sub- 
 due such a disposition. Not only so, but the military thus 
 required to prevent violence or disturbance about the polls 
 must necessarily be empowered to arrest the parties they 
 may charge with such disorder, and they are still left in 
 effect "exclusive judges as to who shall be arrested" — a 
 power they may as readily abuse as any other. 
 
 I regret, therefore, that I can perceive no such change in 
 the general principles of the order as to induce me to change 
 the aforegoing proclamation. A. W. BRADFORD. 
 
 B.^LTIMORE, Monday evening, Nov. 2, 1863. 
 Nov. 2 — The President wrote this letter to 
 Governor Bradford : 
 
 War Department 
 Washin'gtox, November 2, 1862. 
 Sir : Tours of the 31st ultimo was received yesterday 
 about noon, and since then I have been giving most earn- 
 est attention to the subject-matter of it. At my call 
 General Schenck has attended, and he assures mo it is al- 
 most certain that violence wiil be used at some of the 
 voting places on election day, unless prevented by his pro- 
 vost guards. He says that in some of those places the 
 Union voters will not attend at all, or run a ticket, unless 
 they have assurance of protection. This makes the Missouri 
 case of my action, in reg;u-d to which you express your 
 approval. 
 
 The remaining point of your letter is a protest against 
 any person offering to vote being put to any test not found 
 in the laws of M.aryland. This brings us to a difference 
 between Missouri and Maryland. With the same reason in 
 both States, Missouri has, by law, provided a test for the 
 voter with reference to the present rebellion, while Mary- 
 land has not. For example, General Trimble, captured 
 fighting us at Gettysburg, is, without recanting his treason, 
 a legal voter by the laws of Maryland. Even General 
 Schonck's order admits him to vote, if he recants upon oath. 
 I think that is cheap enough. My order in Missouri, which 
 you approve, and General Schenck's order here, reach pre- 
 cisely the same end. Each assures the right of voting to 
 all loyal men, and whether that man is loyal, each allows 
 that man to fix by his own oath. Your suggestion that 
 nearly all the candidates are loyal I do not think iinite 
 meets the case. In this strug';;lo for the natimis life, 
 I cannot so confidently rely on those whose election may 
 have depended upon disloyal votes. Such men, when 
 elected, may prove true, but such votes are given them in 
 expectation that they will prove false. Nor do I think that 
 to keep the peace at the polls, and to prevent the i)crsist- 
 cntly disloyal from voting, constitutes just cause of offence 
 to Blaryland. I think she has her own example for it. If I 
 mistake not, it is precisely wliat Genei-d Dixdid when your 
 excellency was elected Governor. I revoke the first ol' the 
 three propositions in General Schenck's General Order No. 
 53, not that it is wrong in principle, but because the mili- 
 tary being, of necessity, exclusive judges as to who shall be 
 arrested, the provision is liable to abuse. For the revoked 
 part I substitute the following: 
 
 That all provost marshals and other military officers do 
 prevent all disturbance and violence at or about the polls, 
 whether offered by such persons us above described, or by 
 any other person or persons whatsoever. 
 
 The other two propositions of the order I allow to stand. 
 General Schenck is fully determined, and hiis my strict 
 order besides, that all loyal men may vote, and vote for 
 whom they please. 
 Your obedient seiTant, A. LINCOLN. 
 
 Pri-sident o/Uie United SluUt. 
 Hia ExcoUuncy A. W. Br^dforo, 
 
 Gmiernor qf Muryland. 
 
MILITARY ORDERS RESPECTING ELECTIONS. 
 
 811 
 
 GENEEAL SCHENCK's MODIFICATION OF THE 
 ORDEU. 
 
 [General Orders No. 55.] 
 
 Headquarters, Middle Department, 
 
 Eighth Army CoRPi?, 
 Baltimore, Maryland. November 2, 1863. 
 Paragraph T, of General Orders No. 53, from these head- 
 quarters, is modified so as to read as follows : 
 
 I. That all provost marshals and other military officers do 
 prevent all disturbance and violence at or about the polls, 
 whether offered by such persons as above described, or by 
 any other person, or persons, whomsoever. 
 By command of Major General Schenck : 
 
 WILLIAM II. CIIESEBROtlGIT, 
 Lieutenant Colonel and Assistant Adjutant General. 
 
 November 3 — General Schenck issued this 
 address, in reply to the proclamation of Gov- 
 ernor Bradford : 
 
 Headqu-irters Middle Department, 8th Army Corps, 
 Daltimore, Md., November 3, 1863. 
 
 A very extraordinary proclamation was issued last even- 
 ing by his Excellency A. W. Bradford, Governor of Mary- 
 land, in relation to General Order No. 03, from these head- 
 quarters. I will not presume, with my knowledge of Gov- 
 ernor Bradford, that that proclamation was designed to 
 produce collision betweou the military power and the citi- 
 eens who may be assembled at the polls to vote at the 
 election to-morrow ; but I cannot doubt that its obvious 
 tendency is to invito and suggest such disturbance. '\Ahen 
 that proclamation came to my knowledge, late last night, 
 I felt it my duty to take measures for restricting, as tar as 
 possible, its circulation in those parts of the State to be 
 most affected by it, until there could go out with it the k-tter 
 of the President of the United States on the subject, written 
 yesterday to Governor Bradford, a copy of which I have now 
 obtained. 
 
 I will make, for myself, but one or two comments on the 
 proclamation. 
 
 The intimation of the Governor that my order misht have 
 been prompted by some other consideration than patriotic 
 purpose or official duty. Is unworthy of reply, and unworthy 
 of him. He knows, and the people of Maryland and of this 
 military department know, how single and earnest and 
 constant has been my aim to avoid all side influences, and 
 to keep in view, and act steadily upon, the idea of maintiun- 
 ing the just authority of the national Government against 
 disloyalty in all its forms, and for the general good only. 
 
 It was'in this spirit that I issued the general order in 
 question. Its principal purpose is to prevent traitorous 
 persons from controling, in any degree, by their votes, or 
 taking part in the coming election. The order is not aimed 
 at candidates, either individually or as a class, as the Gov- 
 ernor would presume. Neither is it aimed at, nor can it by 
 any proper interpretation in any way interfere with the 
 rights of loyal voters. It is only framed and intended to 
 exclude from a voice in the election of those who are to 
 administer the affairs either of the national Government or 
 of this loyal State such individuals as are hostile to that 
 Government of which Maryland is a part. Will any good 
 citizen pretend that the exclusion of such persons is not a 
 wise and wholesome protection, due to those who adhere to 
 and sustain the Constitution and lawful authority? And it 
 is clearly not a hardship, to be complained of by the indivi- 
 dual challenged for such disqualification, when he is per- 
 mitted to purge himself by his own oath of allegiance to the 
 Government, in the management of which he claims a 
 share. 
 
 Governor Bradford himself cannot appreciate more highly 
 than I do, the sterling loyalty of the great majority of the 
 people of Maryland, but lie must know, as I do, that there 
 still remains at large, from forbearance of the Government 
 authorities, a viry cniisidcrable number who are more or 
 less aeti\' :.\ ' u ■> 1 in aiding and encouraging rebels in 
 arms. 1 - , n 1 j o, hiniation he admits the existence 
 of sucli I ' 1 valty in the counties of at least one 
 
 of thecMi::- i"mI 'istricts. 
 
 But my general c 111- r was only put forth after the re- 
 ceipt, through all the last month, of a great number of let- 
 ters, petitions, and appeals in person, from respectable and 
 loyal citizens, througliout the southern part of the State 
 particularly, on both sides of the bay, imploring the issue 
 of such an order. I have only fixiled in complying with 
 this request by making its provisions less stringent than 
 justice and fairness to loyal citizens seemed to them to de- 
 mand. 
 
 I will add only, to show with what anxiety I have sought, 
 on this occasion, to secure peace and good order at the polls, 
 that oflicers intrusted with this duty have, in every in- 
 stance, been fiunislicil with written or printe<l instructions, 
 Oi wliich tlie lolbnvin^: is one clause: 
 " The officers and men are to be cautioned not to commit 
 
 or permit any unlawful violence. They must not enter 
 into political discussions, and are to remember, that while 
 protecting the polls from rebel sympathizers, they are con- 
 BiTvators of the peace, and are there to support the judges 
 of election." Even Governor Bradford could scarcely ob- 
 ject to this. I now repeat to the provost guards that in- 
 struction, and enjoin upon them, th.at while they enforce 
 the observance of tlie general order firmly and faithfully, 
 as directed, they do it in every respect discreetly and tem- 
 perately. 
 
 I append copies of the President's letter, and of the gen- 
 eral order, as modified. 
 
 ROBERT C. SCHENCK, 
 Major General Commanding. 
 LIEUTENANT COLONEL TEVIS'S ORDEU AT CHKS- 
 TERTOWN. 
 
 Headcjcarters Third Maryland Cavalry, 
 Chestertown, November 3, 1S63. 
 Whereas the President of the United States, in reply to 
 a letter addressed to him by Hon. Thomas Swann, of Balti- 
 more city, has stated that all loyal qualified voters should 
 have a right to vote, it therefore becomes every truly loyal 
 citizen to avail himself of the present opportunity offered 
 to place himself honorably upon the record or poll-book at 
 the approaching election, by giving a full and ardent sup- 
 port to the whole Government ticket, upon the platform 
 adopted by the Union League convention. None other is 
 recognized by the Federal authorities as loyal or worthy of 
 the support of any one who desires the peace and restora- 
 tion of this Union. 
 
 CHARLES CARROLL TEVIS, 
 Lieutenant Colonel Commanding. 
 This order was at once suppressed by Gen- 
 eral Schenck, and Colonel Tevis ordered under 
 arrest. November G, he made a statement of 
 his action, and requested to be released from 
 arrest and restored to his command, which was 
 granted November 9, as stated in the sub- 
 joined order : 
 
 Headquarters Middle Department, 8th Army Corps, 
 Baltimore, Maryland, November 9, 1863. 
 The within explanation and report havingbeen submitted 
 witli permission by Colonel Tevis, under arrest and restored 
 to duty— 
 
 The general commanding remarks that Colonel Tevis ap- 
 pears to have acted himself in good faith and from a sens© 
 of duty, but to have been misled by the bad course and in- 
 structions of Captain Frazier, provost marshal of the fii-st 
 congressional district of Maryland, who framed the order 
 issued by him, and perhaps also by the mistaken advice oJ 
 other over-zealous persons. But Colonel Tevis should have 
 understood that the whole scope and purpose of the General 
 Orders 53 and 55, and of accompanying instructions, was to 
 prevent disloyal persons from voting and to suppress dis- 
 turbances at the polls. The only test of loyalty prescribed 
 was the oath of allegiance embodied in General Order No. 
 53. No directions were given to interfere with candidates, 
 as such, nor with the voters because of their supporting 
 any particular ticket, nor was any such interference con- 
 templated or intended to bo sanctioned by the general com- 
 manding. The idea of a "Government ticket" was only 
 with Colonel Tevis or the provost marshal, Frazier, and 
 other indiscreet or bad advisers, and was not put i'orth from 
 tliese headquarters. Colonel Tevis's printed order was 
 therefore wholly unauthorized and wrong. 
 
 The general commanding directs that a copy of this in- 
 dorsement bo furnished to Colonel Tc'vis, and also that a 
 copy of tlie same be sent, duly certified, to Major H. L. 
 Jeffries, assistant provost marshal general for the States of 
 Maryland and Delaware. 
 By command of Major General Schenck : 
 
 W. U. CilESEBROUGH, 
 Lieut. Col. and Assistant Adjutant General, 
 ELECTION OF 1864. 
 
 Pending the constitutional convention elec- 
 tion in Maryland, April G, ISGl, Major General 
 Lewis Wallace and Gov. Bradford had a corres- 
 pondence as to the oath prescribed by law to 
 to be administered to the delegates chosen, and 
 the power possessed by the judges of election 
 to investigate and decide upon a charge of dis- 
 loyalty as affecting the right to vote The 
 Governor recited the law, and the duties of 
 the judges, and the jieiialties for non-perform- 
 ance, and expressed the opinion that the laws, 
 
312 
 
 MILITARY ORDERS RESPECTING ELECTIONS. 
 
 if faithfully executed, as he hoped they would 
 be, would be found " entirely sufficient to ex- 
 clude disloyal voters from the polls." 
 
 Delaware. 
 
 An act to secure the freedom of elections in this State. 
 
 Whereas tlie Constitution of this State dechires that " all 
 elections shall be free and equal," and whereas the freedom 
 of elections and the free enjoyment of the right of suflrage 
 according to the Constitution and laws of the State are 
 essential to the enjoyment of public liberty ; and whereas, 
 evil disposed persons did cause armed soldiers to be broxight 
 into tliis State and to be present at different voting places 
 in the State on the day of the last general election, and a 
 free election was thereby prevented ; and whereas, it is 
 proper that a repetition ot so grave an offence against 
 the peace and dignity of the State shall be prevented: 
 Therefore— 
 
 Section 1. Be it enacted, rfc. That if any person, being a 
 citizen or inhabitant of this State, sliall send or cause to. he 
 sent, bring or cause to be brought, into this State, or shall 
 aid, abet, procure, advise, counsel, or in any manner assist 
 in sending or bringing into this State any armed soldier or 
 soldiers, to bo present at any voting place in this State, or 
 within five miles thereof, on the day of any general, special, 
 or other election hereafter to be holden in this State, or 
 shall aid, abet, procure, advise, counsel, or in any manner 
 assist the presence or attendance of any armed soldier or 
 soldiers at any such voting place, or within five miles 
 thereof, on any such election day, every person so offending 
 shall bo guilty of felony, and upon cou-siction thereof by 
 indictment, shall forfeit and pay to the State a fine not less 
 than one thousand dollars and not more than ton thousand 
 dollars, and shall be imprisoned for a term not less than 
 one nor more than five years, and shall forever thereafter 
 be incapable of exercising the right of suffrage in this 
 State. 
 
 Sec. 2. That if any person, being a citizen or inhabitant 
 of this State, shall aid, abet, procure, advise, counsel, or in 
 any manner assist or be guilty of military interference in 
 any manner with the freedom of any election in this State, 
 every person so offending shall be guilty of felony, and 
 upon conviction thereof by indictment shall forfeit and 
 pay to the State a fine of not less than one thousand dol- 
 lars nor more than ten thousand dollars, and shall be im- 
 prisoned ior a term not less than one nor more than five 
 years, and shall forever thereafter be incapable of exercis- 
 ing the right of suffrage in this State. 
 
 Sec. 3. That if any inspector, presiding officer, or judge 
 of any election in this State, or any other person, shall ad- 
 minister or cause to be administered to anj' legal voter in 
 this State, any oath or affirmation not authorized by the 
 Constitution and laws of this State for that purpose, as a 
 pre-requisite or condition of voting at any election in this 
 State, except when such oath or affirmation shall be ad- 
 ministered in order to satisfy such inspector, presiding offi- 
 cer, or judge, that such vote is a legal vote according to the 
 Constitution and laws of this State, such inspector, presid- 
 ing officer, judge, or other person so offending, shall be 
 guilty of a misdemeanor, and upon conviction thereof by 
 indictment shall, for every such offence forfeit and pay to 
 the State a fine of not less than five hundred dollars and 
 not more than one thousand dollars, and shall be imprisoned 
 for a term of ten days. 
 Passed at Dover, March 25, 1863. 
 
 GENEn.\L SCHENCIC'S ORDEK. 
 
 Headquarters Middle Department, Sto Armt Corps, 
 Ualtimure, Md., November 13, 18G3. 
 IGcneral Orders No. 50. 1 
 
 It is known that there are many evil disposed persons 
 now at largo in the State of Delaware, who have been en- 
 gaged in rebellion against the Lawful Governm nt, or have 
 given aid or comfort or encouragement to others so engageil, 
 or who do not recognize their allegiance to the United 
 States, and who may avail themselves of the indulgence of 
 the authority which tolerates their presence to attempt to 
 take part in or embarrass the approaching special election 
 in that State. It is theiefore ordered : 
 
 I. That all provost marshals and other military officers 
 do prevent all disturliance and violence at or about the polls, 
 whether offered by such persona as above described, or by 
 any other person or p 'rsons wliomsover. 
 
 II That all provo-t marshals and other military officers 
 commanding in Delaware, shall suiiport the judges of elec- 
 tion on the 19th of November, 18G3, in requiring an oath of 
 allegiance to the Uniied ^^tates. as a test of citizenship of 
 any one whose vot(^ may be challeiigod on the ground that 
 he is not loyal or docs not admit his allegiance to the Uni- 
 ted States, which oatli shall bo in the Jbllowing form and 
 terms: 
 
 I do solemnly awear that I will support, protect, and de- 
 
 fend the Constitution and Government of the United °tatei 
 against all enemies, whether domestic or foreign; that I 
 hereby pledge my allegiance, faith, and loyalty to the sama 
 any ordinance, resolution, or law of a;iy .State convention 
 or State legislature to the contrary notwithstanding ; that 
 I will at hU times yield a hearty and willing obedience to 
 the said Constitution and Government, and will not, direot- 
 ly or indirectly, do any act in hostility to the same, cither 
 by taking up arms against them, or aiding, abetting, or 
 countenancing those in arras against them ; that, without 
 permission from the lawful authority, I will have no com- 
 munication, direct or indirect, with the States in insurrec- 
 tion against the United States, or with either of them, or 
 with any person or persons within said insurrectionary 
 States ; and that I will in all things report myself as a good 
 and loyal citizen of the United States. This I do in good 
 faith, with full determination, pledge, and purpose to keep 
 this, my sworn obligation, and without any mental reserva- 
 tion or evasion whatsoever. 
 
 III. Provost marshals and other military officers are di- 
 rected to report to these headquarters any judge of election 
 who shall refuse his aid in carrying out this order, or who, 
 on challenge of a vote being made on the ground of dis- 
 loyalty or hostility to the Government, shall refuse to re- 
 quire the oath of allegiance from such voter. 
 
 By command of Major General Schcnck: 
 
 W. H. CIIESEBKOUGH, 
 Licxit. Col. andAsst. Adj. Gen. 
 
 GOVERNOR cannon's PKOCLAMATION ON THE FOREGOING ORDEB. 
 
 State of Delaware, Executive Department, 
 Dover, November T\ 1863. 
 All civil officers and good citizens of this State are en- 
 joined to obey the above military order, issued by the com- 
 manding general of the Middle department, and to give all 
 needful aid for the proper enforcement of the same. 
 WILLIAM CANNON, 
 Governor of Delaware. 
 GENEKAL TYLER's ORDER. 
 
 Headquarters District of Delawaee, 
 
 Middle Department, 
 Wilmington, Delaware, Nov. 15, 1863. 
 The following instructions have been received from the 
 General Commanding, and will be strictly and carefully 
 observed by all detachments of officers and soldiers within 
 the "District of Delaware," while carrying out the provis- 
 ions of Department General Orders No. 59, during the 
 election to be held on the 19th instant : 
 
 Every officer or non-commissioned officer in command of 
 a detachment will bo held strictly accountable for the 
 good conduct and obedience of the men in his charge. 
 
 Officers and soldiers must be strictly sober, and, while 
 preventing disturbance by others, must avoid all distur- 
 bance themselves, and are required not to hang around the 
 polls, or engage in political discussions. 
 
 It will be borne in mind that the whole object of the 
 order of the Commanding General is to preserve peace at 
 the places of voting, to sustain the judges or inspectors of 
 election, to protect loyal voters, and to prevent from voting 
 disloyal and traitorously disposed persons, who refuse to 
 takethe oath of allegiance. 
 
 In enforcing Panagraph I, of the General Order, to pre- 
 vent violence and disturbance at the polls, c.ire will be 
 taken that disloyal citizens of other States do not, as it is 
 apprehended they will attempt to do, intrude themselves at 
 the places of voting, and endeavor to intimidate the lawful 
 and loyal voters of Delaware. 
 
 DANIEL TYLER, 
 Brigadier General Commanding. 
 
 Kentucky. 
 
 1863, March 11— The Legislature passed this 
 bill by a two-thirds vote over the veto of Gov- 
 ernor Magoffin: 
 
 An act to amend ch.apter 15 of the Revised Statutes, entitled 
 "Citizens, expatriation, and aliens." 
 
 Sec. 1. Be it enacted, cCc, That any citizen of this State 
 who sliall enter into the service of the so-called Confederate 
 St.ates, in either a civil or military cap.acity, or enter into 
 the service of the so-called provisional government of Ken- 
 tucky in cither a civil or military capacity, or, having here- 
 tofore entered such service of either the Confeder.ato States 
 or provision.al government, shall continue in such service 
 after this act tiikes effect, or shall take up and continue in 
 arms iigainst the military forces of the United States or the 
 State of Kentucky, or shall give voluntary aid and assist- 
 ance to those in arms against said forces, shall bo deemed 
 to have expatriated himself, and shall no longer bo a citizen 
 of Kentucky, nor shall ho again be a citizen, except by pur» 
 mission of the Legislature by a general or special statute. 
 
MILITARY ORDERS RESPECTING ELECTIONS. 
 
 313 
 
 Sec. 2. That whenever a person attempts or is called on 
 exorcise any of the constitutional ur Iui;al rights and privi- 
 leges bi'longincc only to citizens ol Kciitucliy, he may bere- 
 q\ured to ni'gativo on oath the expatriation provided in the 
 first s' ction of this act, ahd upon his failure or refusal to do 
 Bo, shall not be permitted to exercise any such right or priv- 
 
 Sec. 3. This act to be of force in thu-ty days from and after 
 its passage. 
 
 18G3, July 10 — Go\;ernor J. F. Robinson 
 issuud this proclamation : 
 
 COSIMOXTfEALTH OF KENTnCKT, 
 
 Executive Dcparlment. 
 
 For the information and guidance of all officers at the 
 approaching election, I have caused to be herewith pub- 
 lished an act of the Legislature of Kentucky entitled "An 
 act to amend ch.apter 15 of the Revised Statutes, entitled 
 ' Citizens, expatriation, and aliens.' " The strict observance 
 and enforcement of this and all other laws of this State reg- 
 ulating elections are earnestly enjoined and required as 
 being alike duo to a faithful discharge of duty, to the purity 
 of the elective franchise, and to the sovereign will of the 
 people of Kentucky expressed through their Legislature. 
 
 Given under my hand, as Governor of Kentucky, at 
 Frauklort, this 10th day of July, 18G3, and in the seventy- 
 eecond year of the Commonwealth. 
 
 J. F. ROBINSON. 
 
 By the Governor : 
 
 D. C. AViCKUFFE, Secretary of State. 
 
 July 31 — General Burnside issued this order: 
 
 Headquarters Depaetmext of the Ohio, 
 CixciNNATi, Ohio, Juli/ 31, 1863. 
 [General Orders No. 120.] 
 
 Whereas the State of Kentucky is invaded by a rebel 
 force with the avowed intention of overawing the judges of 
 elections, of intimidating the loyal voters, keeping them 
 from the polls, and forcing the election of disloyal candi- 
 dates at the election on the 3d of August ; and whereas the 
 military power of the Government is the only force that 
 can defeat this attempt, the State of Kentucky is hereby 
 declared under martial law, and all military otficers are 
 commanded to aid the constituted authorities of the State 
 in support of the laws and of the purity of suffrage as de- 
 fined in the late proclamation of his Excellency Governor 
 Robinson. 
 
 As it is not the intention of the commanding general to 
 Interfere with the proper expression of public opinion, all 
 discretion in the conduct of the electiou will bo, as usual, 
 in the hands of the legally appointed judges at the polls, 
 who will be field strictly responsible that no disloyal person 
 be alldwed to vote, and to tfds end the military power is or- 
 dered to (jive them its utmost support. 
 
 The civil authority, civil courts, and business, will not be 
 suspended by this order. It is for the purpose only of pro- 
 tecting, if necessary, the rights of loyal citizens and the 
 freedom of election. 
 
 By command of Major General Burnside : 
 
 LEWIS KICII5I0ND, 
 Assistant Adjutant General. 
 
 IIEUT. COLONEL THOS. JOHKSON'S ORDER. 
 
 Heabqcaiiters United States Forces, 
 S.MiTiiLAND, Kt., July 16, 1863. 
 
 The county court judges of the counties of Trigg, Cald- 
 well, Lyon, Crittenden, aud Livhigston, are hereby direct- 
 ed, in appoiniing judges and clerks forconductins the State 
 elections in August next, to obEervo strictly the laws of 
 Kentucky, which require that such judges and clerks shall 
 be unconditional Union m n. 
 
 Judges and cleiks so appointed are hereby directed not 
 to place the name of any person on the poU-boiks to be 
 voted for at the said elect. on who is not a Union man, or 
 who may be opposed to furnishing men and money for a 
 vigorous prosecution oflhewar againstthe rebellion against 
 the United States Government. The judge-i and clerks are 
 further directed to permit no person to vote at said elec- 
 tion without ta'ang the oath required by the laws of Ken- 
 tucky, unh'ss said pe.sun so preseuvini; himself to vote is 
 personally known to the judges to bo a'Onion man. 
 
 Any person violating this order will be regarded as an 
 enemy to the Government of the United States, and will be 
 arresteil and punished accordingly. 
 
 By order of THOMAS JOHNSON, 
 
 Lieutenant Cuhmel Commanding. 
 
 The oath prescribed by Lieutenant Colonel 
 Johnson, to be talcen by the voters, is in sub- 
 ttance similar to the oath attached to the proc- 
 laiiiation of General Shacklelord, 
 
 MAJOR GENERAL HURLBUT S ORDER. 
 
 UeADQUARTERS SlXTEENTn ARMY CoBPS, 
 
 SlEMPUis, Tt.vN., July. 1863. 
 I. In so much of the ?tate of Kentucky as is within th« 
 district of Columbus, it ia ordered — 
 
 1. That iio person b.' permilted to be a candidate for oflSce 
 who is not avowedly and unconditionally for the Union and 
 the suppression of the rebellion. 
 
 2. That no person shall exercise the privilege of an elec- 
 tor and vote at the said elections who is not avowedly and 
 unconditionally for the Union and the suppression of the 
 rebellion. 
 
 3. The military authorities in said district of Columbus 
 will see to it that this order be carried out. Judges of elec- 
 tion will be governed by the principles herein set forth, and 
 will demand evidence upon oaths in such cases a.s may bo 
 in doubt, and allow no person to exercise the franchise of 
 voting who does not take the oath required. 
 
 By order of Major General S. A. Ilurlbut : 
 
 HENRY DINMORE, 
 Assistant Adjutant General. 
 
 BRIGADIER GENERAL ASBOTH's ORDER. 
 
 IlE.VDQUAr.TERS DISTRICT OF COLUMBUS, 
 
 Sixth Division, Sixteenth AniiY Corps, 
 Columbus, Kentucky, July 15, 1863. 
 
 The above orders of the general commanding corps are 
 communicated to the civil and military authorities for their 
 information. Military officers making arrests tor violation 
 of these orders will be governed by the circular from office 
 of Commissary General of Prisoners, dated Washington, 
 May 11, 1863. 
 
 By order of Brigadier General Asboth : 
 
 T. H. n.A.RRIS, 
 Assistant Adjutant GeneraL 
 brigadier general asboto's order. 
 District of Columbus, 
 IIeadqu-arters Sixth Division, Sixteenth Army Corps, 
 Columbus, Ky., July 23, 1863. 
 
 That no further doubt may exist as to the intent and 
 meaning of Special Orders No. 159, dated Headquarters 
 Sixteenth Army Corps, July 14, 1803, it is ordered that no 
 person shall be permitted to be voted for, or bo a candidate 
 for office, who has been or is now under arrest or bonds, 
 by proper authority, for uttering disloyal language or sen- 
 timents. 
 
 County judges within this district are hereby ordered to 
 appoint, as judges and clerks of the ensuing August elec- 
 tion, only such persons as are avowedly and unconditionally 
 for the Union and the suppression of the rebellion, and ai-e 
 fm-ther ordered to revoke and recall any appointment of 
 judges and clerks already made who are not such loyal 
 persons. 
 
 Judges and clerks of elections are hereby ordered not to 
 place the name of any person upon the poll-books, to be 
 voted for at said election, who is not avowedly and uncon- 
 ditionally for the Union and the suppression of the rebellion, 
 or who may be opposed to furnishing men and money for 
 the suppression of the rebellion. 
 
 The following oath is prescribed and will be administered 
 by judges of elections to voters and to such candidates aa 
 reside within the district: 
 
 "I do solemnly swear that I have never entered the ser- 
 vice of the so-called Confederate States; that I have not 
 been engaged in the service of the so-called 'provisional 
 government of Kontn. ky,' cither in a civil or military ca- 
 pacity; that I hav.. n v. r, . ither directly or indirectly, 
 aided the rebellion a^:iin-t tlu' (iovernment of the United 
 States or the State oi K nt\i. l^y ; that I am unconditionally ■ 
 for the Union anil the ^uplnes.1ion of the rebellion, and lua 
 willing to furnish men ana money for the vigorous prose- 
 cution of the war against the rebellious league known as 
 the ' Confederate States ;' so help me God." 
 
 Any voter, judge, or clerk of electio s, or other persjon, 
 who may evade, neglect, or refuse compliance with llie pro- 
 visions of this order will be arrested and sent before a mili- 
 tary commission as soon as the facts are substantiated. 
 
 By order of Brigadier General Asboth : 
 
 T. II. HARKI?, 
 Assistant Adjutant General. 
 BRIGADIER GENERAL SHACKLEFORD's ORDER. 
 
 IIe.\dqu.\rters First Brig.vde, 
 Second Division, Twenty-Third Aittiiy Corps. 
 
 Uussellville, Ky., July "M, 1863. 
 In order that the proclamation of the Governor and the 
 laws of the State of Kentucky may be observed and en- 
 forced, post commandants ard officers of this command will 
 see that the fiiUowing regulations are strictly complied with 
 at the approaching State election : 
 
 None but loyal citizens will act as officers of the eloction. 
 No one will be allowed to offer himself as a candidate for 
 
314 
 
 MILITARY ORDERS RESPECTING ELECTIONS. 
 
 ofBce, or be voted for at sjiid election, wlin is not in all 
 things loyal to tUe State anil Todeial Goveranient, and in 
 f.ivur of a vigoious prosecutiou of tbe war for the suppres- 
 sion of the rebellion. 
 
 Tiie judges of election will allow no one to vote at said 
 election unless lie is known to tlieni to be an undoubtedly- 
 loyal citizen, or unless he shall first take the oalh required 
 by the laws of iLo State of Kentucky 
 
 No dislojal man will oU'er himself as a candidate, or at- 
 tempt to vote, except for treasonable purposes ; and all such 
 efforts will be summarily suppressed by the military au- 
 thorities. 
 
 All necessary protection will be supplied and guaranteed 
 at the pulls to Union men by all the military force within 
 this command. 
 
 Bv order of Brigadier General J. M. Shackleford, com- 
 manding: J. E. HUFFMAN, 
 Assislanl A Ijulant General. 
 
 Colonel John W. Foster, of tbe sixtj'-fifth In- 
 diania regiment, commanding post at Hender- 
 son, Kentucky, ifsued an order similar to tbe 
 above order of General iShackleford. 
 
 COLONEL MUNDY'S ORDER. 
 All loyal citizens, who have not forfeited their citizen- 
 Bhip, can safely and quietly cast their votes for the candi- 
 dates of their choice; but all who have forfeitL-d their right 
 of citizenship, under the provisions of the act of Assembly, 
 who shall present them^tflves at the polls and fraudulently 
 attempt to vote, will bo immediately arrested by the guard 
 detailed f tr that purpose at such precinct, and confined in 
 the military prison. 
 
 Missouri. 
 
 1862, June 12 — The convention of Missouri 
 adopted this ordinance: 
 
 Sec. 1. No person shall vote at any election to be here- 
 after held in this State, under or in pursuance of the con- 
 stitution and laws thereof, whether State, county, township, 
 or municipal, who shall not, in addition to possessing the 
 qualifications already prescribed for electors, previously 
 t;ike an oath in form as follows, namely : " I, , do sol- 
 emnly swear (or affirm, as the case may be) that I will sup- 
 port, protect, and defeiid the Constitution of the United 
 states and the Cdnstitntion of the State of Missouri against 
 all enemies aii'l (i|i]h scr^ whctliiT iloiiicstic or foreign; that 
 I will bear tin.' taitU, I-,vallv, .uiil all. ■-lance to the United 
 States, and will nnt, uir.itiy cr iniliiictly, give aid and 
 Comfort, or countenance, to the enemies or opposors ((hereof, 
 or of the provisional government of the State of Blissouri, 
 any ordinance, law, or resolution of any State convention 
 or Legislature, or of any order or organization, secret or 
 otherwise, to the contrary notwithstanding; and that I do 
 this with a full and honest determination, pledge, and pur- 
 pose, fiiithfully to keep and perform the same, without 
 any mental reservation or evasion whatever. And I do 
 further solemnly swear (oraflirni) that I have not, since the 
 17th day of Dccemljir. A. D. I'd. wilfully taken up arms 
 or levied war against the United Slates, or against the pro- 
 visional government of the State of Missouri : So help me 
 God." 
 
 CONGRESSIONAL ELECTION OF 1862. 
 
 [General Orders No. 45.] 
 
 llE.U)CinARTEns St.^te of Missouri, 
 Adjutant Gkneral's Office, 
 St. Louis, Octob'-r 23, 1SC2. 
 
 I. A general election is to take place throughout the 
 State the first Tuesday in November next. 
 
 This is the first attempt of the people to choose their offi- 
 cers since the war of the rebellion commenced. It will be 
 an occasion when angry passions, excited by this war, might 
 produce strife, and prevent the full expression of the popu- 
 l;u* will in the selection of officers. 
 
 The convention has provided by ordinance that every 
 voter shall, before voting, take a proscribed oath, and that 
 no vote shall be counted in favor of any candidate for a 
 State or county oflice, unless he shall have taken an oath 
 prescribed for candidates. The; ordinance of the convention 
 fixes heavy penalties up(m those who take the oath falsely. 
 These are the safeguards which the convention has judged 
 necessary to keep unfiithful and disloyal persons from ox- 
 ercisin:^ power in ttie State. They aro suliiciont. No per- 
 son nmt be allowed to interfere with the freedom of those 
 qualilicil to vote un.ler this ordinance. 
 
 The enrolled militia being citizens of the State, and very 
 rearly all entitled by ago to vote, will doubtless be gener- 
 illy at places of voting. They aro a body organized for the 
 pui-pose of preventing violations of the law of the State, and 
 Uiey all know that it is essential to the mainteaaDice of our 
 
 Government that all qualified voters shall bo allowed, with, 
 out molestation of any kind, to cast their votes as they 
 please. 
 
 II. It is required of all ofiiicors^nd men of the enrolled 
 militia that they keep perfect oriRr at the polls on the day 
 of election, and that they see that no person is either kept 
 from the jiolls by intimidation or in any way interfered 
 with in voting at the polls for whatever candidate he may 
 choos". 
 
 III. If any officer or private shall either interfere with 
 the rights of voters, or coun1;enance such interference by 
 others, it will bo treated as a high military offence, and 
 punished with the utmost rigor. 
 
 IV. Whenever there is any reason to apprehend any in- 
 terference with the election on the part of bands of guerril- 
 las, the commanding officer of the nearest regiment will 
 detail a sufficient force to prevent any such interference, 
 and station it where there is appreliended danger. 
 
 v. In case of disturbance arising which cannot be arrested 
 by the civil authorities, any commissioned officer present is 
 hereby ordered, at the request of any .judge, sherilf, or justice 
 of the peace, to use the necessary military force to suppress 
 
 VI. Commanding officers of the enrolled Missouri militia 
 are hereby directed to see that the foregoing orders ar» 
 strictly obeyed. 
 By order of the commander-in-chief: 
 
 V7ILLIAM D. VTOOD,, 
 Acting Adjutant General Missouri. 
 
 BRIGADIER GENERAL HALL's ORDER. 
 
 IIeadquarters Seventh Military District, 
 St. Joseph, Missouri, November 1, 1862. 
 [General Orders, No. 3.3.] 
 
 The attention of all officers and soldiers of the militia of 
 this district is called to General Order No. 45, dated " Head- 
 quarters State of Missouri, Adjutant General's office, St. 
 Louis, October 23, 1862," with reference to the election on 
 Tuesday next. The military should bear in mind that they 
 are not the judges of the qualifications of voters. That duty 
 is devolved by law on the judge of the election. If those 
 officers either admit improper persons to vote, or exclude 
 proper persons from voting, the statutes of this State pro- 
 vide an ample remedy. The militia will carefully abstain 
 from all acts calculated to interfere with the freedom of 
 election. All officers who interfere with the rights of voters 
 will be- reported to the commander-in-chief, to be dealt with 
 as )io may decide. All soldiers guilty of the same ofl'eace 
 will be punished as a court-martial shall determine. 
 By order of Brigadier General Willard P. Hall : 
 
 ELWOOD KIKBY, 
 Assistant Adjutant General. 
 
 MAJOR GENERAL SCHOFIELD's ORDERS OF 1863. 
 
 Headquarters Department op the BIissouri, 
 St. Louis, Missouri, September 'Zi, 1863. 
 [General Orders No. 101.] 
 
 Tho right of the people to peaceably assemble for all law- 
 ful purposes, and the right to freely express their will at 
 the polls according to law, are essential to civil liberty. 
 
 No interference with these rights, either by violence, 
 threats, intimidation, or otherwise, will be tolerated. 
 
 Any commissioned officer who shall incite or encourage 
 any interference with any lawful assemblage of the people, 
 or who shall fail to do his utmost to prevent such inter- 
 ference, shall be dismissed the service; and any officer, 
 soldier, or civilian, who shall, by violence, threats, or other- 
 wise, actually interfere with any such lawful itssemljliigc of 
 the people, shall be punished by imprisonment or other- 
 wise, at the discretion of a com-t-martial or military com- 
 mission. 
 
 Any ofiicer, soldier, or civilian, who shall attempt to in- 
 timidate any qualified voter in the exercise of his right to 
 vote, or who shall attempt to prevent any qualified voter 
 from going to the polls or voting, shall be punished by im- 
 prisonment or otherwise, at the discretion of a court- 
 martial or military commission. 
 
 Special attention is called to the fifth article of war, 
 which will be applied to commissioned officers of Missouri 
 militia not in active service, as well as to officers and 
 soldieib in active service. 
 
 By command of Major General Schofield : 
 
 C. W. MARSH, 
 Assistant Adjutant General, 
 
 nE.U)QUARTEES DEPARTMENT OF THE MlSSOOTU, 
 
 St. Louis, October 20, 1SG3. 
 [General Orders No. 120.] 
 
 Judges of elections of the various precincts in Missonri 
 aro notified that they will be held responsible that at the 
 election on tho 3d of November next, those persons, ;ind 
 only thoso. be permitted to vote who are entitled to do 
 by tho laws of the Statu; and especially that theorO'""- 
 
MILITARY ORDERS RESPECTING ELECTIONS. 
 
 315 
 
 of the State convention, adopted June 10, 1862, ond pub- 
 hbhed herewith, be enforced in every case. 
 
 It is the duty of judges of election at each precinct in the 
 State to see that every person qualified by the constitution 
 and laws of the State shall be permitted to exercise the 
 elective franchise without let or hindrance; and it is equaly 
 tlieir duty to see that those who are not qualified under the 
 constitution and laws, or who refuse to qualify according to 
 the terms of the annexed ordinance, shall not be allowed 
 to vote ; and any action on their part excluding qualified 
 voters from the polls, or admitting those who are not quali- 
 fied as stated, will be punished as a military offence. 
 
 Any person who has borne arms against the Government 
 of the United ^tates, or voluntarily given aid and comfort 
 to its enemies during the present rebellion, and who shall 
 presume to act as judge or clerk at said election, and any 
 county judge who shall knowingly appoint any such per- 
 ^son as above described to act as judge at said election, will 
 "be deemed guilty of violation of military orders, and upon 
 conviction tlicreof, will bo punished accordingly. 
 
 In those jiarts of the State where there is danger of in- 
 terference by guerrilla bands, or by combinations of persons 
 intended to overawe or intimidate legal voters, district 
 commanders will so dispose their troops as will most cer- 
 tainly prevent such interference. 
 
 Where no such protection may be deemed necessary, all 
 troops will absent themselves from the polls entirely; and 
 in all cases when ordered liy the district commanders to be 
 present, their action will be strictly confined to the sup- 
 pression of violence and removing the interference above 
 named, to the end that the laws may be enforced and the 
 purity of the ballot-box maintained. Under the pretext of 
 guarding against violence at the i)olls, no officer or soldier 
 will be permitted to interfere with the peaceful and legal 
 expression of public sentiment, and no officer will be ex- 
 cused for a willful failure to remove any interference in- 
 tended to prevent such expression. 
 
 District commanders will designate, on the day previous 
 to the election, those counties in their respective districts 
 in which such protection may be deemed necessary, and 
 cause their troops to be disposed accordingly. 
 
 Any willful violation of this order will be promptly pun- 
 ished as a military oft'enco. 
 
 Missouri troops will vote at the company polls, opened 
 for that purpose at the headquarters of their posts, camps, 
 or detachments, in accordance with the ordinance of the 
 State convention, passed Juno 12, 1SG2, and at no other 
 place. 
 
 Special attention is directed to General Orders No. 101 
 from these headquarters, dated September 28, 1863, and its 
 observance strictly enjoined upon all in Missouri. 
 
 By command of Major General Schofield : 
 
 0. D. GREENE, 
 Assislant Adjutant General. 
 
 Orders Respecting Impressments of 
 Property. 
 
 MAJOR GENERAL IIABTSUFF's ORDER. 
 
 Hkadquaeteks TwE!fTT-Tim;D AnjiT Corps, 
 
 L:;xiN(iT0.v, Kentuckt, Juli/ 2i, 1863. 
 
 For the information and guidanceof officersinimpressing 
 property, it is hereby directed that, whenever its impress- 
 ment may become necessary for tlie troops of the twenty- 
 third army corps, it will be taken exclusively from rebels 
 and rebel sympathizers ; and so long as the property needed 
 is to be found belonging or pertaining to either of the 
 above-named classes, no man of undoubted loyalty will bo 
 molested. 
 
 Among rebel sympathizers will be classed those persons 
 In Kentucky, nominally Union men, but opposed to the 
 Government and to the ])rosecution of the war, whose acts 
 and words alike hinder the speedy and proper termination 
 of the rebellion. 
 
 Property will only be taken by the proper staff officers, 
 who will in every case give receipts for it. Appropriate 
 blank receipts will be furnished by the chief commissary 
 and chief quartermaster at these headquarters. 
 
 By command of Major General Hartsuff : 
 
 GEOKGE B. BRAKE, A. A. G. 
 BRIGADIER GENERAL BOYLE's ORDER. 
 
 Headquarters District ok Kentucky, 
 Louisville. Jul;/ 25, 1S03. 
 By authority of the general comraunding the department, 
 the following general order is made: 
 
 1. It is ordered that no forage or other property belong- 
 ing to loyal citizens in the State of Kentucky be seized or 
 impressed except in cases of absolute necessity, and then 
 only on the written authority from the headquarters of the 
 twenty-third army corps or from these headquarters. 
 
 2. \Vhenever it becomes necessary to seize or impress 
 private property for luilitary purpoges, the property of sym- 
 
 pathizers with the rebellion and of those opposed to fur- 
 nishing any more men or any more money to maintain the 
 Federal Government and suppress the rebellion will be firs^R 
 seized and impressed. 
 
 3. The negroes of loyal citizens will not be impressed on 
 the public works and military roads unless absolutely 
 necessary. The negroes of citizens who are for no more 
 men and no more money to suppress the rebellion, and the 
 supporters, aiders, and abettors of such, will be first im- 
 pressed, and officers detaih^d for this purpose aro required 
 strictly to observe this order in the execution of their duties. 
 
 4. AH horses of the enemy captured or subject to capture 
 will be taken possession of by quartermasters and reported 
 to Captain Jenkins, chief quartermaster, Louisville, who ia 
 ordered to allow loyal citizens to retain horses to supply 
 the places of those stolen by the enemy; but disloyal per- 
 sons mentioned in paragraphs two and three, who encourage 
 raids by the enemy, will not in any case be allowed to re- 
 tain captured horses or liorscs justly subject to capture. 
 
 5. For all property seized or impressed proper and regular 
 vouchers will be given, with indorsement as to the loyalty 
 or disloyalty of the owners of tho property. 
 
 By order of Brigadier General Boyle: 
 
 A. C. SEMPLE, A. A. G. 
 
 Action of Congress. 
 First Session, Thirty-Eighth Congress. 
 
 TO PREVENT OFFICERS OF THE ARMY AND NAVY 
 FROM liiTERFERINQ IN ELECTIONS. 
 
 IN SENATE. 
 
 1864, January 5 — Mr. Powell brought in a 
 bill to prevent officers of the army and navy, 
 and other persons engaged in the military ser- 
 vice, from interfering in elections in the States ; 
 which was ordered to be printed. 
 
 January 6 — Mr. Powell moved it be referred 
 to the Committee on the Judiciary ; which was 
 lost — yeas 16, (Messrs. Buckalew, Carlile, Cowan, 
 Davis, Harding, Hendricks, Hicks, Johnson, 
 Lane of Indiana, Ncsmith, Powell, Sauhbury, 
 Sherman, Sprague, Van Winkle. Willey,) nays 
 21. It was then referred to the Military Com- 
 mittee. 
 
 January 16 — The Senate adopted this reso- 
 lution: 
 
 Resdlvnl, That the Secretary of War be directed to trans- 
 mit to tho Senate all orders or proclamations, in his depart- 
 ment, concerning elections issued by military authority in 
 the States of Kentucky, Missoxu-i, Maryland, and Delaware. 
 
 February 12 — Mr. Howard, of Michigan, 
 made an adve^^e report upon the bill. 
 
 June 22 — The bill was amended so as to read 
 as follows : 
 
 Be it enacted, d-c, That it shall not be lawful for any mil- 
 itary oiTicer of the United States, or any person engaged in 
 the civil, military, or naval service of the United States, to 
 order, bring, keep, or have under his authority or control, 
 any troops or armed men within one mile of the place where 
 any general or special election is held in any State of the 
 United States of America, unless it shall be necessary to 
 repel the armed enemies of the United States or to keep the 
 peace at the polls. And that it shall not bo lawful for any 
 oificir of the army or navy of the United States to prescribe 
 or fix, or attempt to prescribe or fix, by proclamation, order, 
 or otherwise, the qualifications of voters in any State of the 
 United States of America, or in any manner to interfere with 
 the freedom of any election in any State, or with the exer- 
 cise of tho free right of suffrage in any State of tho United 
 States. Any officer of the army or navy of the United States, 
 or other person engaged in the civil, military, or naval ser- 
 vice of the United States, who violates this section of this 
 act, shall, for every such offence, be liable to indictment as 
 for a misdemeanor, in any court of the United States having 
 jurisdiction to hear, try, and determine cases of misde- 
 meanor, and on conviction thereof shall pay a fine not ex- 
 ceeding S.'),0OO,and suffer imprisonment in the penitentiary 
 not less than three months nor more than five years, at the 
 discretion of the court trying tho same; and any person 
 convicted as aforesaid shall, moreover, be disqualified from 
 holding any office of honor, profit, or trust under the Gov- 
 ernment of the United States: Provided, That nothing 
 heroin contained shall be so construed as to prevent any 
 officer, soldier, sailor, or marine from exercising the riglit 
 
316 
 
 MILITARY ORDERS RESPECTING ELECTIONS. 
 
 of snfTra^o in any election district to which he may belong, 
 if otherwise qiuilifiod, accordiug to the laws of tho State in 
 l^vhitli he shall offer to vote. 
 
 Sec. 2. Tliat any officer or person in the military or naval 
 service of the United States wlio shall order or advise, or 
 who shall directly or indirectly, by force, throat, men.ice, 
 intimidation, or otherwise, prevent or attempt to prevent 
 any qualified voter of any State of the United States of 
 America from freely exercising tho right of suffrage at any 
 general or special election in any State of the United 
 States, or who shall in like manner compel, or attempt to 
 compel, any officer of an election in any such State to 
 receive a vote from a person not legally qualified to vote, 
 or wlio shall impose or attempt to impose any rules or 
 regulations for conducting such election different from those 
 prescribed by law, or interfere in any manner with any 
 ofliccr of said election in tho discharge of his duties, shall 
 for every such offense be liable to indictment as for a mis- 
 ilemeanor, in any court of the United Slates having juris- 
 diction to hear, try, and determine cases of misdemeanor, 
 and on conviction thereof shall pay a fine not exceeding 
 $5,000, and suffer imprisonment in the penitentiary not ex- 
 ceeding five years, at the discretion of the court trj'ing tho 
 same, and any person convicted as aforesaid shall, moreover, 
 be disqualified from holding any ofiice of honor, profit, or 
 trust uiider the Govermuent of the United States. 
 
 And passed — yeas 19, nays 13, as follows: 
 
 Tear — Slessrs. Buckaleto, Carlile, Davis, Grimes, Hale, 
 Harlan, HendHcks, Uicks, Johnson, Lane of Kansas, ik- 
 Vmtgait, Pomeroy, Powell, Ricliardson, Middle, Saulsbury, 
 Trumbull, Wade, Willey— 19. 
 
 Nats — Messrs. Anthony, Chandler, Clark, Collamcr, 
 Dixon, Foot, Foster, Harris, Howard, Morgan, Sumner, 
 Ten Eyck, Wilson— 13. 
 
 Mr. Harlan entered a motion to reconsider. 
 June 28 — The Senate refused to reconsider 
 it — yeas 19, nays 23, as follows: 
 
 Teas— Messrs. Anthony, Chandler, Clark, Collamer, Con- 
 ness, Doolittle, Foot, Foster, Howard, Lane of Indiana, Lane 
 of Kansas, Morgan, Morrill, Ramsey, Sprague, Sumner, 
 Ten Eyck, Wilkinson, Wilson— 19. 
 
 Nats — Messrs. Brown, Buclcalcw, Carlile, Cowan, Davis, 
 Grimes, Hale, Harlan, Harris, Henderson. Hcndriclcs, Hicks, 
 McDovgall, Kesmith, Pomeroy, Prnvell, Jiiddle, SauUburi/, 
 Sherman, Trumbull, Van Winkle, Wade, Willey— 23. 
 
 The bill was not acted upon iu the House. 
 
RECONSTRUCTION OF STATES. 
 
 Bill for Reconstruction. 
 
 First Session, Thirty-Eighth Coagress. 
 
 IN HOUSE. 
 
 1863, December 15— Mr. IIenrt Winter Da- 
 vis moved that so much of the President's mes- ■ 
 sage as relates to the duty of the United States 
 to guarantee a republican form of government to 
 the States in which the governni'^nts recognized 
 by the United States have been abrogated or 
 overthrown, be referred to a select committee 
 of nine to report the bills necessary and proper 
 for carrying into execution the foregoing guar- 
 antee; which was agreed to — yeas 89, nays 80. 
 
 May 4 — The House passed the bill reported 
 from the committee — yeas 74, nays 6Q, as fol- 
 lows : 
 
 Ye\s — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 A.'ihiey, John D. Baia\Tin, Baxter, Beaman, Blow, Boutwell, 
 Braudegee, Brooniall, Cole, Creswell, Henry Winter Davis, 
 Dawes, Doming, Dixon, Donnelly, Driggs, Eliot, Farnsworth, 
 I'enton, Frank, Garfield, Higby, Hooper, Hotchkiss, A. W. 
 Hubbard, J. H. Hubbard, Hulburd, Julian, Kelley, Francis 
 W. Kellogg, Orlando Kellogg, Littlejohn, Loan, Longyear, 
 Marvin, McBridc^ McClurg, Mclndoe, Samuel F. Wilier, 
 Jloorliead, Morrill, Daniel Morris, Amos Myers, Leon;u-d 
 Myors, Norton, Charles O'Neill, Orth, Patterson, Perham, 
 Pike, Ponieroy, Price, Alexander H. Rice, John 11. Rice, 
 Edward II. Rollins, Sclienck, Scofield, Shannon, Sloan, 
 Smithers, Spalding, Thayer, Upson, William B. Washburn, 
 Williams, Wilder, Wilson, Windom, Woodbridge — 74. 
 
 Nays — Messrs. William J. Allen, An-ona, Augustus C. 
 BxHuiin, J. B. Blair, Brooks, J. S. Brown, W. G. Brown, Chan- 
 ler. Clay, Cox, Cravens, Dawson, Denison, Eden, Eldridge, 
 English, Pinck, Ganson, Grider, Halo, Hall, Hirding, Benja- 
 min G. Harris, Charles M. Harris, Herrick, Holnxan, Philip 
 Johnson, William Johnson, Keman, King, Knapp, Law, La- 
 zear, LeBlrmd, Long, Marcy, McAllister, McDowell, McKin- 
 ne<i, Middleton, Morris, Morrison, Noble, Odell, John O'Neill, 
 Pendleton, Perry, Hadford, Samuel J. Randall, William H. 
 Randall, Robinson, James S. Rollins, Ross, Scott, Smith, 
 John B. Steele, William G.Steele, Stiles, SIrousr, Stuart, Ward, 
 Webster, Whaley, Wheeler, Chilton A. White, Yeaman—m. 
 
 The preamble to the bill, which was in these 
 words — 
 
 Whereas the so-called Confederate States are a public 
 enemy, waging an unjust war, whose injustice is so glaring 
 that they have no right to claim the mitigation of the ex- 
 treme rights of war which are accorded by modern usage 
 1. 1 an enemy who has a right to consider the war a just one ; 
 Hiid whereas none--of the States which, Ijy a regularly re- 
 ciirded majority of its citizens, have joined the so-called 
 Soutliern Confederacy, can be considered and treated as en- 
 titled to be represented in Congress, or to take any part in 
 tlio political government of the Union: Therefore — 
 was rejected— yeas 57, nays 75, as follows: 
 
 Teas — Messrs. Alley, Allison, Ames, Amlerson, Ashley, 
 John D. Baldwin, Baxter, Beaman, Boutwell, Boyd, Broom- 
 all, Colo. Henry Winter Davis, Donnelly, Driggs, Ec'cley, 
 Eliot, Frank. Garfield, Orinnoll, Higby, jloopor, Hotchkiss, 
 Asabel W. Hubbard, John H. Hubbard, Julian, Kasson, 
 
 Kellev, Francis W. Kellogg, Littlejohn, Loan, Longyear, 
 McBr'ide, McCluig, Moorhead, Daniel Morris, Amos Myers, 
 Leonard Myers, Norlon, Charles O'Neill, Orth, Patterson, 
 Perham, P"[ke, Price, John II. Rice, Edward H Rollins, 
 Scheiick, Shannon, '-loan, Spalding, Stevens, Upson, Wil- 
 liam B. Wnshburn, Williams, WihJer, Woodbridge— J". 
 
 Nays— Mes.<!r.H. Wm J. All n, Ancona, Arnold, Augustus 
 C. B I Idtoin, Jacob B. Blajr, Blow, Brooks. James S. Brown, 
 William G. Brown, CTtara/er, Claij, Cox, VresweU. Dawson, 
 Denison. Edei, Bldrid/je, Farnsworth, Fenton, Pinck, Gan- 
 son, Grid,r, Hale, Hall, Harding, Benjamin G. Harris, 
 Chas. M. Harris, Herrick, Hnlman, \l\x\b\XT A. Philip John- 
 son, Orlando Kellngg, Keman. Knapp, Law, Lazear, Le 
 Blond, Ling. M raj. Marvin. J)/c>(Wi.s7cr, Mclndoe, Mid l» 
 ton. Morrillj Noble, Moses P. Oil U.John O'Neill. Penuletnn, 
 Perry, I'ciineroy, Radford, Samuel J. Randall, V\ il lain U 
 lianiiall, Alexander II. Rice, James S. Rollins, Ross, t'co- 
 field, ^jo^, Smith, Smithers, Jb/in .B. .Stec/e Wm. G. Steele, 
 Stiles, Strouse, Stuart, Thayor, Ward, Webster, Whaley, 
 Wheder, Chilton A. White, Joseph W. IVhile, Wilson, Win- 
 dom. leaman — 75. 
 
 The bill authorizes the President to appoint 
 in each of the States declared in rebellion, a 
 Provisional Governor, with the pay and eraolu-- 
 ments of a brigadier; to be charged with the 
 civil administration until a State government 
 therein sh^.ll be recognized. As soon as tlie 
 military resistance to the United States shall 
 have been suppressed, and the people sufficiently 
 returned to their obedience to the Constitution 
 and laws, the Governor shall direct the marshal 
 of the United States to enroll all the white male 
 citizens of the United States, resident in the 
 State in their respective counties, and when- 
 ever a majority of them take the oath of allegi- 
 ance, the loyal people of the State shall be en- 
 titled to elect delegates to a convention to act 
 upon the re-establishment of a State govern- 
 ment — the proclamation to contain details pre- 
 scribed. Qualified voters in the army m.ay vote 
 in their camps. No person who has held or 
 exercised any civil, military. State, or Confede- 
 rate office, under the rebel occupation, and who 
 has voluntarily borne arms against the United 
 States, shall vote or be eligible as a delegate. 
 The convention is required to insert in the con- 
 stitution provisions — 
 
 1st. No person who lias held or exercised any civil or 
 military otfice, (except ('fflcos merely ministerial and mili- 
 tary olDces below a co!or:eI,) State or Confederate, under 
 the usurping power, sliall vote for, or be a member of the 
 legislature or governor. 
 
 2d. Involuntary se vitude is forever prohibited, and the 
 freedom of all persons is guaranteed in said State. 
 
 SJ. No del)t. State or Confederate, created by or nnder 
 the sanction of the usurping power, shall be recognized or 
 paid by the State. 
 
 Upon the adoption of the constitution by the 
 convention, and its ratification by the electors 
 317 
 
318 
 
 RECOXSTKUCTION OF STATES. 
 
 of the State, the Provisionnl Gov riior Fball so 
 ccitit'y to the Presid'-nt, who, after obfaining 
 the atsfut of Congress, shall, by inoclainatioii. 
 recognize the government as established, and 
 none other, as the constitutional government of 
 the Slate; and from the date of such recogni- 
 tion, and not before, senators and representa- 
 tives and electors for President and Vice Pres- 
 ident may be elected in such State. Until re- 
 organization the Provisional Governor shall 
 enforce the laws of the Union and of the State 
 before the rebellion 
 
 The remaining sections are as follows: 
 
 Sec. 12. That all persons held to involuntary Bervitvide or 
 labor in the Slates aforesaid are lierebj' emancipated and 
 dischiu-fred therefrom, and they and their posterity shall be 
 forever free. And if any such persons or their posterity 
 Bhall be restnuned of liberty, under pretence of any claim 
 to such service or labor, the courts of the United States 
 shall, on habeas corpu?, discharge them. 
 
 Sec. 13. That if any person declared free by this act, or 
 any law of the United States, or any proclamation of the 
 President, be restrained of lil)erty,\vith intent to be held in 
 or reduced to involuntary servitude or labor, the person 
 convicted before a court of competent jurisdiction of such 
 act shall be punished by fine of not less than Sl.oOO, and ho 
 imprisoned not less than five, nor more than twenty years. 
 
 Sec. 14. That every person who shall hereafter hold or 
 exercise any office, civil, or military, except offices merely 
 ministerial and military offices below the g:rade of colonel, 
 in the rebel service, State or confederate, is hereby declared 
 not to be a citizen of the United States. 
 
 IN SENATE. 
 
 May 2Y — Mr. Wade, from the Committee on 
 Territories, reported the bill with two amend- 
 ments ; one fixing the compensation of the pro- 
 visional Governor at $3,000 a year, and the 
 other striking out the word "white" wherever 
 it occurs. 
 
 The Senate as in Committee of the Whole, 
 
 July 1 — Mr. Drown offered this as a substi- 
 tute for the bill: 
 
 That when the inhabitants of any State have been de- 
 clared in a state of insurrection against the United States 
 by proclamation of the President, by force and virtue of 
 the act entitled " An act to provide for the collection of 
 duties on imports, and for other purposes," approved July 
 13, 1861, they shall be, and are hereby declared to be, in- 
 capable of casting any vote for electors of President or 
 Vice President of the United States, or of electing Senators 
 or Representatives in Congress, until said insurrection in 
 Bttid State is suppressed or abandoned and said inhabitants 
 have returned to their obedience to the Government of the 
 United States, nor until such return to obeilience shall be 
 declared by proclamation of the President issued by virtue 
 of an act of Congress, hereafter to be passed authorizing 
 the .same. 
 
 Which was agreed to — yeas 17, nays 16, as 
 follows : 
 
 Yrvs — Messrs. Brown, Ci'rHU, Cowan, Pari.t. Doolittle, 
 • "irimes, Henderson, Unn'Jricks, Johnson, Lane of Indiana, 
 il-DnugaU, I'nv'cU, Richardson, liiddle, i^aulsbury, Trum- 
 bull. Van Winkle— 17. 
 
 Nay* — ^lessrs. Cliandler. Clark, Conness, Hale, Harlan, 
 Lane of Kansas, Morp,:in, Morrill. Pomei'oy, Rjimsey, Sher- 
 man, Sprague, .Sumner, W.ide, Wilkinson, Wilson — 16. 
 
 Mr. SuMXEit proposed the following new 
 section : 
 
 TO MAKE THE EMANCIPATIOS PIlOfL\MATION A STATUTE. 
 
 That the proclamation of emancipation issued by the 
 President of tlie United States on the first day of January, 
 1863, so far as the same declares that the slaves in certain 
 designated States and parts of States thenceforward should 
 be free, is hereby adopted and enacted as a statute of the 
 United States, and as a rule and article for the government 
 of the military and naval forces thereof. 
 
 Which was rejected — yeas 11, nays 21, as 
 follows : 
 
 Yeau— Messra. Ctauudler, Conneas, Lane of Kansas, Mor- 
 
 gan, Morrill, Pomeroy, Pvamsey, Sumner, Wade, WilkinBon, 
 Wilson— 11. 
 
 Nats — Slessrs. Brown, Carlile, Davis, Doolittle, Grimes, 
 Hale, Harris, Henderson, I/(mlricl:s. Johnson, Lane of In- 
 diana, McVoupall, Powdl, TticharJson, KiudU, yatilsl.ury, 
 Sherman, Sprague, Ten Eyck, Trumbull, Van Winkle— 21. 
 
 The Senate adopted the amendment made in 
 Committee of the Whole — yeas 20, nays 13, as 
 follows : 
 
 Yeas — Messrs. Brown, CarTite, Z)i' t> Doolittle, Grimes, 
 Harlan, Harris, Henderson, Ilendncks, Johnson, Lane of 
 Indiana, McDoiigaU, Pomeroy, Powdl, Richardson, Kiddle, 
 Saulshury, Sprague, Trumbull, Van Winkle — 20. 
 
 Nays— Messrs. Clark, Conness, Halo, Lane of Kansas, 
 iforgan, Morrill, Ramsey, Sherman, S.imner, Ten Eyck, 
 Wade, Wilkinson, Wilson — 13. 
 
 And the bill passed — yeas 2G, nays 3, as fol- 
 lows: i 
 
 Yeas — Messrs. Brown, Chandler, Conness, Doolittle, 
 Grimes, Harlan, Harris, Henderson, Johnson, Lane of In- 
 diana, Lane of Kansas, McDougall, Morgan, Pomoroy, Ram- 
 sey, Riddle, Sherman, Sprague, Sumner, Ten Ej ck, Trum- 
 bull, Van Winkle, Wade, Willdnson, Wilson — 26. 
 
 Nays — Messrs. Davis, Powell, Saulshury — 3. 
 
 July 2 — The House non concurred in the 
 amendment of the Senate, and asked a Com- 
 mittee of Conference ; but the Senate, on mo- 
 tion, receded from its amendments — (thus pass- 
 ing the House bill) — yeas 18, nays 14, as fol- 
 lows : 
 
 Yeas — Messrs. Anthony, Chandler, Clark, Conness, Foot, 
 Harlan, Harris, Howe, Lane of Kansas, Morgan, Pomeroy, 
 Ramsey, Sherman, Sprague, Sumner, Wade, Wilkinson, 
 Wilson— 18. 
 
 Nays — Messrs. BuckaUw, Carlile, Dans, Doolittle, Hen- 
 derson, Hendricks, Lane of Indiana, McDour)aU, Powell, 
 Riddle, Saulsbury, Ten Eyck, Trumbull, Van Winkle— 14. 
 
 THE president's PROCLAMATION RESPECTING IT. 
 
 The President failed to approve this bill ; 
 and, July 8, 1864, issued this proclamation 
 respecting it: 
 
 Whereas, at the late session, Congress passed 
 a bill " to guarantee to certain States, whose 
 governments have been usurped or overthrown, 
 a republican form of government," a copy of 
 which is hereunto annexed ; 
 
 And whereas the said bill was presented to 
 the President of the United States for his ap- 
 proval less than one hour before the sine die 
 adjournment of said session, and was not signed 
 by him ; 
 
 And whereas the said bill contains, among 
 other things, a plan for restoring the States in re- 
 bellion to their proper practical relation in the 
 Union, which plan expresses the sense of Con- 
 gress upon that subject, and which plan it is 
 now thought fit to lay before the people for 
 their consideration : 
 
 Now, therefore, I. Abraham Lincoln, Presi- 
 dent of the United States, do proclaim, declare, 
 and make known, that, while I am (as I was in 
 December last, when by proclamation I pro- 
 pounded a plan for restoration) unprepared, by 
 a formal approval of this bill, to be inflexibly 
 committed to any single plan of restoration ; 
 and, while I am also unprepared to declare that 
 the free State constitutions and governments 
 already adopted and installed in Arkansas and 
 Louisiana shall be set aside and held for 
 nought, thereby repelling and disfouraging the 
 loyal citizens who have set up the same as to 
 further effort, or to declare a constitutional 
 competency in Congress to abolish slavery in 
 States, but am at the same time sincerely hop- 
 
RECONSTRUCTION OF STATES. 
 
 319 
 
 ing and expecting that a constitutional amend- 
 ment iibolishing slavery throughout the nation 
 Dnj be adopitd, nevertheless I am fully satis- 
 fied with tlie system for restorati-n contained 
 in the bill as one verj- proper plan for the loyal 
 peojde of any State choosing to adopt it, and 
 that I am, and at all times shall be, prepared 
 to give the Executive aid and assistance to 
 any such people, so soon as the military resist- 
 ance to the United States shall have been sup- 
 pressed in any such State, and the people 
 thereof shall have sufficiently returned to their 
 oliedience to the Constitution and laws of the 
 United States, in wh ch cases Military Govern- 
 ors will be appointed, with directions to proceed 
 according to the bill. 
 
 ELECTORAL VOTE OF HEBKL STATES. 
 
 June 13 — Mr. Gaefik],d introduced a joint 
 resolution resolving that no Slate declared to 
 be in rebellion bj' proclamation of the Presi- 
 dent is entitled to appoint electors of President 
 and Vice President, and that no electoral vote 
 from any such tate shall be received or counted 
 until both Houses of Congress, by concurrent 
 action, shall have recognized a State govern- 
 ment in such State. 
 
 It was read a first and second time ; was or- 
 dered to be engrossed, and read the third time, 
 under the operation of the previous question, 
 when the following proceedings took place: 
 
 Mr. McKi>fNEr. Is it in order fo inquire whether Mr. 
 Johnson could be a candidate for the Vice Presidency under 
 that rule? 
 
 Tlie Speaker. It is not in order to make the inquiry. 
 
 Mr. Blaixe. Is it too late now to raise a point of order? 
 
 The Speaker. It is entirely too late. The joint resolu- 
 tion has received its third reading, and the main question 
 has been ordered on its passage. 
 
 Mr. Blai.ve. Ilas the morning hour expired ? 
 
 The Speaker. It has ; but the House ha-s ordered the 
 main question to be now put. 
 
 Mr. Blaike. I move to lay the joint resolution on the 
 table. 
 
 Which was agreed to — yeas 104, nays 33, as 
 follows : 
 
 Yeas— Messrs. Jartus C. AUcn, WiUinm J. Allen, Allison, 
 Ames, Anderson, BaiUj.Aiigu-lus C.Bahlivin, John D.Bald- 
 win, Blaine, Blair, iJ^is.t. Boutwell, BrooJcs, James S.Brown, 
 C/ianlT, Ambrose W. Clark, Freeman Clarke, Cobb, Cnff- 
 rolh, Cox, Cravens, Dawes, Baiison, Dixon, Driggs, Eckn, 
 Edijrrtnn, Eldridge, Eliot, English, Karnsworlh, Fenton, 
 Find:, Frank, Ganson. Gooch, Griikr, Grisirnid, Jfardiiig, 
 Harrington, Charles M. Harris, J/crri l.\ /[Jimin, llntrli- 
 kiss, Asahel W. Ilubb.ord, Hidchi,,^. lu .oil. .l-nrk,., 
 William Johnson, KalhlMsch, Frami, \V. !■;■ 11. .."_:, OiI.iii-Im 
 KcUoirET, 7v'er.'?.(?r. Kiwi. Kwi'in. L,'i-. I / /m-7,/. I.itU.'j' 1.". 
 Man-i/: •!<hw\m, M.n .'_ M,lii.;'.. ' ;. a mii.'v, S.niiu, I l'. 
 iVMvr.Wilii.un ]l.\t -.'] ■;■!../ ■ /,'. ,Vm-,/ ■. A :ir s 
 
 Myers, L.'nnanlM\. 1 .. '.. ..:,.:r i. . ; II, ./,-/,,/(/ A , .7/, 
 Orih, i''c./i<.'Wo«,l'.iluua,l'ik..i'iic. .■';»./,/, A\<u:/-,;n/.Al,x- 
 ander II. Rice, John 11. Bice, Uouin,OH, JkIM&s <S'. lioUiits, 
 Ross, Scofield, Sloan, Smith, John B. Steele, William G. Steele, 
 sales, Strouse, Stuart, Sweat, Thayer, Thomas, Wadsworth, 
 Webster. Whaley, Wheeler, Chilton A. White, Joseph W. 
 White, Wilson, Windom, Fernando Wood — 10 1. 
 
 Nays — Messrs. Alley, Ashley, Baxter, Beaman, Blow, 
 Brandesjee, Cole, Creswell, lleiirv Winter Da\is, Thomas T. 
 D:ivis. Donnelly, Eoklcv, Gnrtiel.'l, llisbv, Hooper, John H. 
 IIiiblMnl, Jiilirui. Kollfv, /-r/jr-ft)-, Lnii-ycar, McCUirg, Mor- 
 rill, Diinlfl Munis N'jit.'ii. Ph;uiii<in, Smithers, Spalding, 
 StiiT, Stevens, Upson, Van ValUenburgh, WilUams, Wood- 
 bridge — ZZ. 
 
 June 20— Mr. Ashley asked leave to offer 
 this joint resolution, but it was objected to : 
 
 Resolved, (C-c., That when the inhabitants of any State 
 have been declared in a state of insurrection against the 
 United States by proelam ition of the Pre-ident, by force 
 and vii-tue of the act entitled '• An act further to provide 
 for the collection of duties on imports, and for other pur- 
 poses," ai)proved July 13, 1861, they shall be and are hereby 
 
 declared to be inrjipable of casting any vote for elec- 
 tors ot President or \ ice Picsident of the United States, ,,t 
 of electing Senators or Ropresentatives in Congress, until 
 Buid insurrection in said State is supi)res.s-,'d or abandoneil, 
 and said inhabitants have returned to their obodionco to 
 tlie Constitution and Government of the United States, nor 
 until such return to obedience shall be declared by proclar 
 m;ition of the President, issued by virtue of an act of Con- 
 gress authoriyJng the same. 
 
 PUOPOSED APPOINTMENT OP COMMISSION OP 
 INQUIRY. 
 
 June 22 — Mr. Dawes, from the Committee 
 on Elections, in the application of certain per- 
 sons to be received as Representatives from 
 Arkansas, made a report, which closes with 
 this joint resolution : 
 
 Resolved, dc. That there be appointed by the President, 
 by and with the consent of the ?^nate, a commission con- 
 sisting of three persons, residents of States not involved in 
 the present rebellion, whose duty it shall be during the re- 
 cess of the present Congress to visit those States declai-ed 
 by the proclamation of the President to have been in re- 
 bellion, and which have already taken or may before the 
 next session of the present Congress take measures to es- 
 tablish or reorganize State governments, and after careful 
 ox;imination and hearing testimony report to the President 
 for the information of Congress at as early d.ay in the next 
 session as possible all such evidence as they may be able to 
 obtain upon the question, whether the loyal people in any 
 such States have succeeded in re-establishing a State gov- 
 ernment, to what extent h^-..': State government reprcsenta 
 and has the support of tholoj'al people in such State, and 
 wlKit is the ability of such people therein to maintain the 
 same a,;<iunst domestic violence. 
 
 Rcsiilral further. That until Congress shall bo satisfied 
 upon evidence submitted to them that the rebellion has so 
 f.ir been suppressed in any such State that there has been 
 established therein a State government, republican in form, 
 andprn!!:' i;' _: i]r- \istence of slavery in the sam(>, and 
 so firmly ' is to be able to maint<dn itself against 
 
 domesii> ,! ! , ! .f'sentation from any sm-h "State 
 ought lint I" !'• j.i.'.itic'd into either branch of Congress. 
 
 Mr. James S. B.sown, from the Minority Com- 
 mittee, presented these resolutions : 
 
 Whereas by article six of the Constitution of the United 
 States it and the laws made in pursuance thereof are de- 
 clared to bo the supreme law of the land, and every act of 
 secession by any State is in direct violation of such supreme 
 laws : Therefore, 
 
 J^eMilvd, That the acts of secession by the Legislatures 
 of tlie several States whose people are now in rebellion are 
 mere nulliti s, having no force or etiect to change the rela- 
 tion cither of States themselves or of the people thereof 
 toward the ( leneral Government ; and that by such acts tho 
 people neither freed themselves from the penalties attach- 
 ing by law to treason nor lost any rights as citizens of the 
 States and United States, except such as may follow upon 
 conviction of crime ; that the duty of the people of such 
 States to send true and loyal men to Congress, and the right 
 so to do iis consequent upon the duty, still remain by force 
 ef (lie I 'metitntion, requiring no act of the President or 
 I . !i r -s 1 I confirm them; that no State can under the 
 ('Mn^iiluli.'U a.-sent to the presence of armed rebels from 
 ulli'T Stales within its borders, and that any act of the au- 
 tlioritics of a State giving such assent is a nullity ; that the 
 entrance of such armed rebels of one State upon Territories 
 of another is an invasion from wliii-li by article four of the 
 Constitutinii the Tnited Ftairs are bound to protect tho 
 invaded .'■^t ;!i' : that this ulili.'-t ion d lu'otectionon the part 
 of the In it '.I Stai'^ i< ch,.' i i . :i. h ' iii,:cn individually as a 
 
 cousequeni f his duty ni alle.ianre, and continues so 
 
 long as there is a single loyal citizen in a State oppressed 
 by such invasion; that so long as the Constitution and 
 laws of the United States cannot bo enforced in any con- 
 gressional district on account of the presence of armed 
 rebels there can be no free election, and a person claiming 
 a seat through an election under such circumstances should 
 be rejected. 
 
 Be it further resolved. That the Constitution, in article two, 
 determines the qualifications of electors for Representatives, 
 and that any order of the President or act of Congress 
 changing such qualifications would be a usurpation and a 
 nullity. 
 
 Be it further resolved. That whenever by pestilence, 
 foreign invasion, or domestic conspiracy, the ohicers of a 
 State required by its laws to conduct an election have been 
 destroyed or carried off, the State does not thereby cease to 
 exist, nor do its people forfeit their rights as citizens of the 
 State.s or of the United States, but, from the very neces«ity 
 
320 
 
 RECONSTRUCTION OF STATES. 
 
 of the case, and by virttie of the power impliedly reserved 
 to the people, they may, in a practicable and reiisonable 
 manner, supply the deficiency, and hold an election, con- 
 ductin.; it, liowever, as far as possible, in ronformity with 
 tlie existing laws and Constitution of the State; and the 
 duty of Congress in passing upon such an election claimed 
 to be held under such circumstances is limited to ascertain- 
 ing whether it was a fair expression of a majority of the 
 people, and in the mode of conducting it departed from the 
 general laws of the State only so far as was necessary to 
 supply the deficiency of officers required to conduct the 
 election. 
 
 Be it further resolved. That the right of the claimants 
 from Arkansiis should Ijc determined by the princii)lcs here 
 enunciated; and if they shall satisfy the House that the 
 t.'onstitution and laws of the United States and of the State 
 held peaceful sway over tliiir respective districts, that in 
 their elections they departed in notliing from the Constitu- 
 fiou and existing" laws of tliat State, save in supplying 
 requisite othcors, and that tljey received a vote of a ma- 
 jority in their respective districts, then they are entitled to 
 seats, but not otherwise. 
 
 A motion to table the whole subject was lost 
 — yeas 43, nays 63. 
 
 A motion to postpone until next session, was 
 lost — yeas 50, nays 78. 
 
 June 29 — The report was further debater!, 
 when, on motion of Mr. Davis, the whole sub- 
 ject was laid on the table — yeas 80, nays 47, 
 as follows : 
 
 Yeas — Messrs. WiXliamJ. Allen, Allison, Anecrna, Augus- 
 tus C. Baldwin, Beaman, Blaii-, Bliss, Blow, Boyd, Brooks, 
 Eroomall, James S. Brown, Cole, Cox, Henry Winter Davis, 
 Thomas T. Davis, Dawson, Deming, Denison, Dixon, Driggs, 
 Eden, Edfjerton, English, Finch, Griswold, Hale, Herrick, 
 Higby, Holinan, Asahol VF. Hubbard, John H. Hubbard, 
 Hulburd, Jenckes, William Johnson, Kalhfleisch, Kelley, 
 Francis VV. Kellogg, Keman, Knapp, Law, Lazsar, Loan, 
 Longyear, McAllister, McDowell, SIcIndoe, McKinney, Sam- 
 uel F. Miller, Moorhead, James R. Morris, Morrison, Amos 
 Myers, Leonard Myers, Norton, Charles O'Neill, Ortli, Pen- 
 dleton, Perham, Pcrr>i, Radford, Samuel J. Randall, Robin- 
 son, Ross, Schenck, Shannon, Sloan, Smith, Smithers, Wil- 
 liam G. Steele., Stevens, Sliles, S'rome, Stuart. Thayer, Web- 
 ster, Chilton A. White, Joseph W. ^F/ii^c, Williams, Windom 
 —80. 
 
 Nay= — Messrs. Alley, Ames, Anderson, Ashley, Baily, 
 John D. Baldwin, Blaine, Boutwell, William G. Brown, 
 Chanlrr, Cobb, Dawes, Donnelly, Eckley, Eliot, Farnsworth, 
 Gannon, Gooch, Harding, Benjamin G. Harris, Charles M. 
 Harris. Hooper, Hutchins, Julian, Knox, Littlejohn, Long, 
 Mallory, Marc'j, McClnrg, Morrill, Odell^ John O'Neill, Pike, 
 Pomerov, John H. Rice, Edward II. Bollins, James S. Rol- 
 lius, Scofield, Thomas, Upson, Van A'alkenburgh, EUihu B. 
 Waahburne, William B. Washburn, Whaley, Winfwld — i7 
 
 FREE STATE GOVERNMENT IN ARKANSAS. 
 
 June 10 — Mr. Lanb of Kansas, introduced 
 this joint resolution: 
 
 For the recognition of the free State government of the 
 State of Arkans;is. 
 
 Whereas the President of the United States, by procla- 
 mation of the 1st of January, A. D. 1863, did, among other 
 things, proclaim and dcclure tliat tlie "people" of Arkansas 
 '•are this day inrebi'lliiin" against the United States; and 
 whereas the loyal pciipio of the State of Arkansas have, 
 since that time," by a iwv ami untrannnelled vote, organized 
 and have in operation a Stiite government upon a free basis 
 luid rcpulilkan in I'oi'iii: and whereas, pending the organ- 
 ization of saiil govcrniii.'iit, the President of the United 
 States did, bv proclamation of the 8th day of December, A. 
 1). 18(33, invite, among others, the people of Arkansas to 
 oi-gani/,e a loyal .State govi-innient upon a free basis; and 
 whereas the I'risiiUnt of the United States approved said 
 organi/aticin in the State of Arkansas and ofiacially recog- 
 nized tlie same: Tlieivfnre, 
 
 />'/' it rixolrrd, dc., 'Jliat so much of the proclamation or 
 proclanKiti.ins of the President of the United States, and so 
 inucli of all laws of Congress, as declares thepeopleor State 
 of Arkansas in rebellion, be, and is liereby, declared inoj)- 
 erative and void. 
 
 Six. 2. That the present organized government in the 
 State of Arkansas lie, and it is liereby, recognized, upon the 
 condition that slavery and involuntary servitude sliall 
 never exist iu said State, e.xcept iis apunishmi/nt for crime. 
 
 June II — Mr. Lane of Kansas, offered this 
 additional resolution : 
 Sec. 3. That this joint resolution shall be in force from 
 
 and after the acceptance of its provisions by the people c* 
 
 the Paul State and proclamation of the same by the Presi- 
 dent of the United States. 
 
 He also offered this resolution, which was 
 adopted : 
 
 That the President of the United States be requested to 
 furnish to the Senate copies of all correspondence, orders, 
 and documents on tile in the Departments in relation to the 
 organization by the loyal people of Arkansas of the freo 
 Stale government of that State. 
 
 June 13 — The Senate considered the joint 
 resolution ; refused — yeas 5, (Messrs. Chandler, 
 Howard, Richardson, Sumner, Wade,) nays 
 32, to lay the subject on the table, and then 
 referred it to the Committee on the Judiciary, 
 and with it the resolution of Mr. Shmnek, 
 offered May 27, as follows : 
 
 That a State pretending to secede from the Union and 
 battling against the national Government to maintain this 
 pretension must be regarded as a rebel State, subject to 
 military occupation, and without title to representation on 
 this floor until it has been readmitted by a vote of both 
 Houses of Congress ; and the Senate will decline to enter- 
 tain any application from any such rebel State until after 
 such vote of both Houses of Congress. 
 
 ADMISSION OF SENATORS FROM ARKANSAS. 
 
 liN" SENATE. 
 First Session, Thirty-Eighth Congress. 
 1864, June 27 — Mr. Trumbull made this 
 report : 
 
 The Committee on the Judiciary, to whom were referred 
 the credentials of William M. Fishback and Elisha Bax- 
 ter, claiming seats Srom the Slate of Arkansas, report : 
 That the credentials are presented in due form, purport- 
 ing to be under the seal of the State of Arkansas, and to 
 be signed by Isaac Murphy, Governor thereof; and if the 
 right to seats were to bo determined by an inspection of 
 the credentials, Messrs. Fishback and Baxter would be en- 
 titled to be sworn as members of this body. It is, how- 
 ever, admitted by the persons claiming seats, and known 
 to the country, that in the spring of 1861, the Slate of Ar- 
 kansas, through its constituted authorities, undertook to 
 secede from the Union, set up a government in hostility to 
 the United States, and maintain the same by force of arms. 
 Congress, in view of the condition of affairs in Arkansas 
 and some other States similarly situated passed an act, 
 July 13, 1861, authorizing the President, in case of an in- 
 surrection in any State against the laws of the United 
 States, and when the insurgents claimed to act under au- 
 thority of the Stale, and such claim was n'Jt repudiated, 
 nor the insurrection suppressed by the persons excrsising 
 the functions of government in such Slate, to declare the 
 inhabitants of such Stale or part thereof where such insur- 
 rection existed, to be in a state of insurrection against the 
 United Stales ; and that, thereupon, all commercial inter- 
 course by and between the same and the citizens of the 
 United States, except under license and upon certain condi- 
 tions, should cease and be unlawful so long as such condi- 
 tion of hostil.ty should continue. 
 
 In pursuance of this act, the President, August 16, 1861, 
 Issued his proclamation declaring the inhabitants of the 
 State of Arkansas, except the inhabitants of such parts 
 thereof as should maintain a loyal adhesion to the Union 
 an<l the Constitution, or might be from time to time occu- 
 pi<>d and controlled by forces of the United States engaged 
 in the dispersion of saiil insurgents, to be in a state of in- 
 surrection against the United States, and that all commer- 
 cial intercourse between them and citizens of other Statea 
 was and would be unlawful, except when carried on under 
 special license, until sneh insurrection should cease. At 
 the date of this proclamation no part of the State of Arkan- 
 sas was occupied and controlled by the forces of the United 
 States, nor did tlie inhabitants of any part of tlie State, at 
 that time, publicly maintain a Inyal adhesion to the Union 
 and the Constitution. Hence, upon the issuing of said proc- 
 lamation, a state of hostility or civil war existed between 
 the inhabitants of the State of Arkansas and the United 
 States, and there was not at that time any organized author- 
 ity in Arkansas, loyal to the Constitution, competent to 
 choose or appoint Senators of the United States. It is 
 claimed, however, that since that period the State, or the 
 greater portion of it, has been occupied and controlled by 
 the forcesof the United States, engaged in the ilispersionof 
 the insurgents, and that the inhabitants of said State, loyal 
 to the Union and the Constitution, have reorgauiised their 
 
RECONSTRUCTION OF STATES. 
 
 State governnient, and haye the right, through tlie Legis- 
 lature they have instituted, to choose two Senators foi' said 
 Slato. 
 
 The Constitution declares that " the Senate of the United 
 States shall be composed ol* two Senators^from each State, 
 chosen by the Legislature thereof, for six yoarg,"' and makes 
 each House " the judge of the election, returns, and qualifi- 
 cations of its own members." In the inve&ti.;atiijn of the 
 claimants' right to scats, the first question to be determined 
 is, was the body by whom thc3' were elected clothed with 
 authority to elect Senators ; iii other words, was it, in a 
 constitutional sense, "the Legislature of Arkansas?" 
 
 A qjiestion similar to this arose some years since between 
 Kobbins and Potter, each claiming to have been elected 
 Senator by the Legislature of Rhode Island, though by dif- 
 ferent bodies. In that case the Senate was called upon to 
 decide, and did decide, which of the two bodies, each claim- 
 ing to be legitimate, was the Legislature contemplated by 
 the Constitution. The Supreme Court of the United States, 
 in the case of Luther vs. Borden, growing out of the politi- 
 Ciil difficulties in Rhode Island in 1841 and 1842, held that 
 "when the Senators and Representatives of a State are ad- 
 mitted into the councils of the Union, the authority of the 
 government under which they are appointed, as well as its 
 republican character, is recognized by the proper constitu- 
 tional authority. And its decision is binding on evei"y other 
 department of the Government." 
 
 The claimants laid before the committee a statement of 
 the circumstances attending the assembling of the body by 
 wliich they were elected, in which, after detailing the con- 
 dition of the State while under rebel control, and prior to 
 September, 18G3, they say: "Upon the advent of the Union 
 army the rebels in the State, guerrillas and all, for the most 
 part left with their armies, leaving about two-thirds of the 
 State comparatively free from guerrilla depredation. 
 
 "The Union men came flocking from the mountains, 
 where they had Iain for two years, to the Feder;il standard, 
 and nearly every man whom the medical examiners would 
 receive joined the Federal army. 
 
 "Those who were rejected, (and their number was enor- 
 mous, their constitutions having been broken by exposure 
 and their hardships,) and those whom circumstances pre- 
 vented from joining the army, found themselves, so far as 
 law was concerned, in a state of ch.aos. Many of them, 
 living remote from military posts, had not even the px'otec- 
 tion of military law. 
 
 " Immediately they began to agitate the question of a re- 
 ort;an zation of their . tate government. 'J hey fii-st moved 
 In primary meetings, and on the oOth of October, 1863, they 
 hold amass meeting iu the city of Fort Smith, in which 
 some twenty cunties are said to have been represented, 
 and at which they called upon all counties in tlie State to 
 elect dele^jales (after having elected commissioners of elec- 
 tion) to a State convention, to be held in the city of Litiie 
 Kock on the 8th day of .Jannary, lSG4.for the purpese of so 
 amending the constitution as to abolish slavery. limul- 
 toneously with this meeting, meetintrs were held in a num- 
 ber of other counties. In every single one (in ignorance of 
 the action of olbfrs in many instances) they declared for a 
 C'>nvention and the abolition of si ivery. 
 
 "Commissioners of election were first elected, and they 
 held the election for the d legates 
 
 "All this was prior to the President's amnesty proclan»;i- 
 ticn. 
 
 "When the convention met, forty-five delegates were 
 present, representing about one-hnll of the State. (tJeverai 
 of the delegates failed to attend.) They repudiated the reb.d 
 debt; State and Confederate, abolished slavery, and sub- 
 mitted the constitution to the people for their ratification. 
 They also provided for taking tlie vote for State and county 
 officers, and members of the legislature at the same time 
 with the vote for the ratification of the constitution. 
 
 " The result of those elections was 12.177 for the consti- 
 tution and 226 against it, an election of State and county 
 officers, an election of delegates to the lower house of Con- 
 gress, and a representation in the State legislature from 
 forty six of the fifty-four counties of the State." 
 
 The number of persons in Arkansas who voted for Presi- 
 dent iu ISCO was iJ4,0ou, less tlian one-fourth of whom as 
 appears from the .statomont ot the claimants, took part in 
 the reorg.mizHtinn of the State gnvernnicnt. This, however, 
 would not be f.ital to the rcor-anizalion, if all who were 
 loyal to the Union had an oiiii.atunitv to participate, and 
 the State was free from military coiitVol. Such, however, 
 is understood not to have been the Ciise. The President 
 had not then, nor lui.s he up to this time, recalled his proc- 
 lamation, which declared the inhabitants of Arkansas in a 
 state of insurrection against the Umted States, nor was 
 there any evidence before the committee that said insur- 
 rection had ceased or been suppressed. At the time when 
 the boily wliich chose the claimants was elected, whenitas- 
 sembl.td, and at this time, the State of Arkansas is occupied 
 by hostile armies, which exercise supreme authority withiu 
 
 the districts subject to their control. While a portion of 
 Arkausa-s is at this very time, as the committee are in- 
 formed, in the actual possession and subject to the con- 
 trol of the enemies of the United States, other parts of the 
 State are only held in subordination to the laws of the 
 Union by the strong arm of military power. While this 
 state'of things continues, and the riu'lit to exercise armed 
 authority over a large )i ir i ^ r lli S: ■ i- ■ ! iimed and ex- 
 erted by" the military I' I ; ; i - ;i tint a civil 
 government, sot up an' 1 . n \ ! i ■ MitTerance of 
 the military, is that re]i;i 1, ,m !■ ii i i l ■ urinment which 
 the Constitution roqnires the United .States to guarantee to 
 every State in the Union. 
 
 When the rebellion in Arkansas shall have been so far 
 suppressed that the loyal inhabitants thereof shall be free 
 to re-establish their State government upon a republican 
 foundation, or to recognize the one already set up, and by 
 the aid and not in subordination to the military to main- 
 tain the same, they will then, and not before, in the opin- 
 ion of your committee, bo entitled to a representation in 
 Congress, and to participate in the administration of the 
 Federal Government. Believing that such a state of things 
 did not at the time the claimants were elected, and does 
 not now, exist in the State of Arkansas, the committee 
 recommend for adoption the following resolution : 
 
 Resolved, That A\ illiam M. Fishback and Elisha Baxter 
 are not entitled to seats as Senators from the State of Ar- 
 
 1864, June 29— The resolution of the Com- 
 mittee on the Judiciary was adopted — yeas 27, 
 nays 6, as follows : 
 
 Yeas — Messrs. Anthony, Erown, Buckalno, Carlile, 
 Chandler, Clark, Cowan, "z>ttOTS, Fcssenden, Fool, Foster, 
 Hale, Harlan, Harris, McDoufjall, Morgan, Morrill, Powell, 
 Ramsey, Riddle, Sduhbury, Sherman, Sumuer, Ten Eyck, 
 Trumbull, Wade, WiUcinsou— 27. 
 
 Nay?— Messrs. Doohttle, Hicks, Howe, Laue of Kansas, 
 Nesmilh, Tomeroy — 6. 
 
 Process of Reconstruction. 
 
 In Arkansas, a new State govfirnment is or- 
 ganized with Isaac Murphy, Governor, who was 
 repotted to have received nearly 16,000 votes 
 at a called election. The other iState officers 
 
 Lieutenant Governor, C.C. Bliss; Secretary of State, R. 
 J. T. While; Auditor, J. B. Berry; Treasurer, E. D. Ayers; 
 Attorney General, C. T. Jordan : Judge-: of the Supreme 
 Court, T. D. W. Yowley, C. A. Harper, K. Balier. 
 
 The legislature also elecitd Senators, but 
 neither Senators uor llepresentativcs obtaiued 
 their seats. 
 
 In Louisiana, a free State government has 
 also been organized — Michael Hahn, Governor. 
 The clause in the constitution abolishing slavery 
 was adopted in convention — yeas "72, nays 13. 
 The legislature is prohibited from passing any 
 law recognizing the right of propprty in slaves. 
 At the election for Governor, 10,725 votes were 
 pulled ; one parish, (Terrebonne,) 630 votes, not 
 in the official count. J. Madison Wells is Lieu- 
 tenant Governor; Stanislaus Wrotnowski, Secre- 
 tary of Sate; J. O. Belden, Treasurer; B. L. 
 Lynch, Attorney General ; A. P. Dostie, Audi- 
 tor ; John McNair, School Superintendent. 
 
 In ViKGiNiA, the constitutional convention, 
 recently in session in Alexandria, abolished 
 slavery — yeas 13, nays 1, as follows: 
 
 Yeas— Messrs. Beach, Boush, Downey, Dix, Edw.irds, Co- 
 ver, Henshaw, Uawxhurst, Peun, Thomas, Tenuis, Wood, 
 Watkins 13. 
 
 Nays— Mr. Moore. 
 
 IN LOUISIANA. 
 
 1863, June 19 — The President wrote this let- 
 ter: 
 
 Executive Mansion, 
 Washington, June 19, 18C3. 
 Gentlemen: Since receiving your letter, re- 
 liable informatioa has reached me that a re- 
 
322 
 
 RECONSTRUCTION OP STATES. 
 
 spectible portion of the Louisiana people desire 
 to amend their State constitution, and contem- 
 plate holding a convention for that object. 
 This fact alone, it seems to me, is a suiScient 
 reason why the General Government should not 
 give the committee the authority you seek, to 
 act under the existing State constitution. I 
 may add, that while I do not perceive how such 
 a committee could facilitate our military opera- 
 tions in Louisiana, I really apprehend it might 
 be so used as to embarrass them. 
 
 As to an election to be held in November, 
 there is abundant time without any order or 
 proclamation from me just now. The people of 
 Louisiana shall not lack an opportunity for a 
 fair election for both Federal and State officers 
 by want of anything within my power to give 
 them. 
 
 Your obedient servant, A. LINCOLN. 
 
 in arkansas. 
 
 Executive Mansion, 
 Washington, January 20, 1864. 
 Major General Steele: Sundry citizens of 
 the State of Arkansas petition me that an elec- 
 tion may be held in that State, at which to 
 elect a Governor ; that it be assumed at that 
 election, and thenceforward, that the constitu- 
 tion and laws of the State, as before tbe rebel- 
 lion, are in full force, except that the constitu- 
 tion is so modified as to declare that there shall 
 be neither rilavery nor involuntary servitude, 
 except in the punishment of crimes, whereof 
 the party shall have been duly convicted ; that 
 the General Assembly may make such provi- 
 sions for the freed people as shall recognize 
 and declare their permanent freedom, and pro- 
 vide for their education, and which may yet be 
 construed as a temporary arrangement, suitable 
 to their present condition as a laboring, land- 
 less, and homeless class ; that said election 
 shall be held on the 28th March, 1864, at all 
 the usual places of the State, for all such voters 
 as may attend for that purpose ; that the voters 
 attending at each place at eight o'clock in the 
 morning of said day may choose judges and 
 clerks of election for that purpose; that all 
 persons qualified by said constitution and 
 laws, and taking the oath presented in the 
 President's proclamation of December 8, 1863, 
 either before or at the election, and none others, 
 may be voters; that each set of judges and 
 clerks may make returns directly to you on or 
 
 before the day of next ; that in 
 
 all other respects said election may be con- 
 ducted according to said modified constitution 
 and laws ; that, on receipt of said returns, 
 when 5,406 votes shall have been cast, you can 
 receive said votes and ascertain all who shall 
 thereby appear to have been elected; that, 
 
 on the day of next, all persons 
 
 so appearing to have been elected, who shall 
 appear before you at Little Rock and take the 
 oath, to be by you severally administered, to 
 support the Constitution of the United States 
 and the modified constitution of the State of 
 Arkansas, shall be declared by you qualified 
 and empowered to immediately enter upon the 
 duties of the offices to which they shall have 
 been respectively elected. 
 
 You will please order an election to take 
 
 place on the 28ili of March, 1864, and returns 
 to be made in fifteen days thereafter. 
 
 A. LINCOLN. 
 
 Washington, February 18, 1864. 
 To William M. Fishdack: 
 
 When I formed a plan fir an election in Ar- 
 kansas, I did it in ignorance that your conven- 
 tion was at the same work. Sin^e I learned 
 the latter fact, I have been constantly trying to 
 yield my plan to them. I have sent two letters 
 to General Steele, and three or four dispatches 
 to you and others, saying that he ((General 
 Steele) must be master, but that it will proba- 
 bly be best for him to keep the convention on 
 its own plan. Some single mind must be mas- 
 ter, else there will be no agreement on anything, 
 and General Steele, commanding the military 
 and being on the ground, is the best man to be 
 that master. Even now citizens are telegraph- 
 ing me to postpone the election to a later day 
 than either atlixed by the convention or me. 
 This discord must be silenced. 
 
 A. LINCOLN. 
 
 RELATIONS OF THE REBELLIOUS STATES TO THli 
 GOVERNMENT. 
 
 IN SENATE. 
 Second Session, Thirty-Seventh Congress. 
 
 1862, Feb. 11— Mr. Sumner offered the fol- 
 lowing resolutions: 
 Resolutions declaratory of the relations between the United 
 
 States and the territory ouce occupied by certain States, 
 
 and now usurped by pretended governments, without 
 
 constitutional or legal i ight. 
 
 Whereas certain States, rightfully belonging to the Union 
 of the United States, have through their respective govern- 
 ments wickedly undertaken to abjure all those duties by 
 which their connection with the Union was maintained ; to 
 reuoiaice all allegiance to the Constitution ; to levy war 
 upon the national Government ; and, for the consummation 
 of this treason, have unconstitutionally and unlawfully cou- 
 lederated together, with the declared purpose of putting 
 an end by force to the supremacy of the Constitution within 
 I liiir reFpective limits ; and whereas this condition of in- 
 surrcciiou, orguuizxl by pretended governments, openly 
 exists in South Carolina, Georgia, Florida, Alabama, Missis- 
 sippi, Louisiana, Texas, Arkansas, Tennessee, and Virginia, 
 except in Eastern Tennessee aad Western Virginia, and haa 
 been declared by the President of the United States, in t, 
 proclamation duly made in conformity with an act of Con- 
 gress, to exist throughout this territory, with the excep- 
 tions already named ; and whereas the extensive territory' 
 thus usurped by these pretended governments and organ- 
 ized into a hostile confederation, belongs to the United 
 t:;t:ites, as an inscparablo part thereof, under the sanctions 
 of tbe Constitution, t < be held in trust for the inhabitants 
 in the present and future generations, and is so complete'y 
 interlinked with the Union that it is forever dependent 
 thereupon ; and whereas the Constitution, which is the su- 
 premolaw of the land, cannot be displaced in its rightful 
 operation within this territory, but must ever continue the 
 supreme law thc'-eof, notwithstanding the doings of any 
 pretended governments acting singly or in Gonfedoration, 
 in order to put an end to its supremacy : Therefore — 
 
 1. Resolved, That any vote of secession or other act by 
 which any State may nndertako to put an end to the 
 supremacy of the Constitution within its territory is in- 
 operative and void against the Constitution, and when sus- 
 tained by force it becomes a prnctical abdication by the 
 State of all rights under the Constitution, while the treason 
 which it involves still further works an instant /or/eitere 
 of all those functions and powers essential to the continued 
 existence of the State as a body politic, so that from that 
 time forward the territory foils under the exclussivc juris- 
 diction of Congress as other territory, and the State being, 
 according to the langiiage of the law, felo-de-se, ceases to 
 exist. 
 
 2. That any combination of men assuming to net in th» 
 place of such State, attempting to insnare or coerce the In- 
 
RECONSTRUCTION OF STATES. 
 
 323 
 
 habitant' thereof into a confedpration hostile to the Union is 
 rebeljious, tiviasonable, and destitute of all moral antlmrity; 
 and that such combination is a usurpation incaimliloof any 
 constitutional existence and utterly lawless, so that every- 
 thing dependent upon it is without constitutional or legiil 
 BupiKirt. 
 
 3. That the termination of a State under the Constitution 
 necessarily causes the termination of those peculi;ir local 
 institutions which, having; no orij;iii in the Constitution or 
 in those natural rights which exist independent of the Con- 
 stitution, are upheld by the sole and exclusive authority of 
 the State. 
 
 4. That slavery, being a peculiar local institution, derived 
 from local laws, without any origin in the Constitution or in 
 natural rights, is uphold by the sole and exclusive authority 
 of tha State, and must thoroforo cense to exist legally or 
 constitutionally whan the State on which it depends no 
 longer exists; for the incident cannot survive the principal. 
 
 5. That in the exercise of its exclusive jurisdiction over 
 the territory once occupied by the States, it is the duty of 
 Congress to see that the supremacy of the Constitution is 
 maintained in its essential principles, so that everywhere in 
 this extensive territory slavery shall cease to exist piacti- 
 cally, as it has already ceased to exist constitutionally or 
 legally. 
 
 6. Tliat any recosrnition of slavery in such territory, or 
 any surrondcr of slaves under the prrtrnilcil laws of' the 
 extinct States by any officer of tlic I nit'. I Stitcs, civil or 
 military, is a recognition of the prit.n.lrd ^'nv.inuients, to 
 the exclusion of the jurisdiction of Cnuvrrss under the 
 Constitution, and is in tljc nature of aid and comfort to the 
 rcbelli.ii] that lias bern urganizeil. 
 
 7. That any such reroguition of slavery or surrender of 
 pretended slaves, besides being a recognition of the pre- 
 tended governments, giving them aid and comfort, is a de- 
 nial of the rights of persons who, by the extinction of the 
 States have become free, so that under the Constitution, 
 they cannot again be enslaved. 
 
 8. That allegiance from the inhabitant .ind protection 
 from the Government are corresponding obligations, depend- 
 ent upon each other, so that while the allegiance of every 
 inhabitant of this territory, without distinction of color or 
 class, is due to the United States, and cannot in any way be 
 defeated by the action of any pretended Government, or by 
 any pretence of property or claim to service, the correspond- 
 ing obligation of protection is at the same tiun' din' liy tlic 
 United States to every such inhabitant, willmiit ili-lim (i ^u 
 of color or class ; and it follows that inhnliilnnts h- 1<I as 
 slaves, whose paramount allegiance is duo l(j tlic riiil.',l 
 States, may justly look to the national Government for 
 protection. 
 
 9. That the duty directly cast upon Congress by the ex- 
 tinction of the States is reinforced by the positive prohibi- 
 tion of the Constitution that "no State sliall cuter into any 
 confederation," or " without the consent of Congress keep 
 troops or ships-of-war in time of peace, or enter into any 
 agreement or compact with another State," or "grant let- 
 lers of marque and reprisal," or ''coin money," or "emit 
 bills of credit," or " without the <-onsent of Congress lay any 
 duties on imports or exports," all of which have been done 
 by these pretended governments, and also by the positive 
 injunction of the Constitution, addressed to tlie nation, that 
 "the United States Bh.all guaranty to eveiy State in this 
 Union a republican form of government;" and tlint in pur- 
 suance of this duty cast upon Coiii;i:-s. and iuiilnri'iijojiipd 
 by the Constitution, Congress will a-.^iinn' ci'iiiiil'to' juris- 
 diction of such vacated territory wli-ic sm h iiurunstitu- 
 tional and illegal thiugs have li^.n adiiiiplnl, and will 
 proceed to establish tlni-ein rcimliliian Innus nf <:nvernmcnt 
 under the Constitui ion: and in tlie excrution of this trust 
 will provide carefully loi- the proiection of all the inhabi- 
 tants thereof, for the security (jf f.iniilies, the cjr^anization 
 of labor, the encouragement of industry, and the welfare of 
 society, and will in every way discharge the duties of a just, 
 merciful, and paternal Government. 
 
 Feb. 13 — Mr. Gakrett Davis offered these 
 resolution.s : 
 
 1. Resolved, That the Constitution of the United States 
 Is the fundamental law of the Government, and the powers 
 established and gianted, and as parted out and vested by it, 
 the limitations and restrictions which it imposes upon the 
 legislative, executive, and judicial departments, and the 
 Statos, and the rights, privileges, and Ijlicitics which it as- 
 sures to tho people of the United States, ami the States re- 
 epectively, are fixed, permanent, and immutable through 
 all the phases of peace and war, until changed by tho power 
 and in the mode prescribed by the Constitution itself; and 
 they cannot be abrogated, restricted, enlarged, or differently 
 apportioned, or vested, by any other power, or in any other 
 mode. 
 
 _ 2. That between the Government and tho citizen the ob- 
 ligation of protection and obedience form mutual rights and 
 
 obligations ; and to enable every citizen td'perform his ob- 
 ligations of obedience and loyally to the Government it 
 should give him reasonable protec'tion and security in such 
 perlormance; and when tln^ Government fails >n that re- 
 spect, for it to linhl thc> citi/.cn to be criminal i.i not per- 
 forming his duties of h.yalty and obc'dicni-o would be un- 
 just, inhuman, and an outrage npcm this age of Christian 
 civilization. 
 
 ■i. That if any powers of the Constitution or Government 
 of the United States, or of the States, or any rights, privi- 
 leges, immunities, and liberties of the people of tho United 
 States, or the States, are, or may hereafter be, suspended by 
 llu^ existence of this war, or by any promulgation of mar- 
 tial law, or by the suspension of the writ of habeas corpus, 
 innnediately upon the termination of the war such powers, 
 rights, privileges, immtmities, and liberties would be re- 
 sumed, and would have force and effect as though they had 
 not been suspended. 
 
 4. That the duty of Congress to guarantee to every State 
 a republican form of government, to protect each of them 
 against inv.osion, and, on the application of tho legislature 
 or executive thereof, against domestic violence, and to en- 
 force the authority, Constitution, and laws of the United 
 States in all tho States, are constitutional obligations which 
 abide all times and circumstances. 
 
 6. That no State can, by any vote of secession, or by re- 
 bellion against the authority. Constitution, and laws of the 
 United States, or by any other act, abdicate her rights or 
 obligations under that Constitution or those laws, or absolve 
 her people from their obedience to them, or the United 
 States from their obligation to guarantee to such State a re- 
 publican form of government, and to protect her people by 
 causing the duo enforcement within her territories of the 
 authority, Constitution, and laws of the United States. 
 
 6. That there cannot be any forieitnre or confiscation of 
 the rights of per.son or property of any citizen of the United 
 States who is loyal and obedient to the authoriry, Constitu- 
 tion and the laws thereof, nr of any person whatsoever, un- 
 less fur acts which the law has previously declared to be 
 criminal, and for the punishment of which it has provided 
 such f rfeiture rr confiscation. 
 
 7. That it is the duty of the United States to snbdne and 
 punish the existing rebellion by force of arms and civil 
 trials in the shortest piacticable time, and with thn least 
 cost to the peoi le, but so decisively and thoroughly as to 
 iiiipri'ss upon the present an:i future generations as a great 
 Until tliat rebellion, except for grievous opiM-essiou of gov- 
 ri iiiiu'i.t. w ill brin,:; upon tin; rela Is ineomparablv more of 
 ev 1 than ob.-dieii«e to th ■ Constitution and the laws. 
 
 8. Thattne United S atesGovernnieiit should march their 
 armies into all tho insurgent States, and promi tly put 
 down the military power which they have arrayed against 
 it, and give protection and security to the loyal men there- 
 of, to enable them to reconstrrct their legitimate State gov- 
 ernments,and bring them and the people baclcto the Union 
 and to obedience and duty under tho Constitution and the 
 laws of the United States, bearing the sword in one hand 
 and the olive branch in the other, and whilst inflicting on 
 the guilty leaders condign and exemplary punishment, 
 gr.inting amnesty and oblivion to the c impar itively inno- 
 cent masses; and if the people of any St.ate cannot, or will 
 not, recoustruct their State government and return to loy- 
 a ty and duty, Congress should provide .a government for 
 such State as a teiritory of the United i-tates, securing to 
 the people thereof their appropriate conatituti'inal rights. 
 
 1862, June 11— Mr. Dixon oCfered this reso- 
 lution; 
 
 Resolved, That all acts or ordinances of secession, alleged 
 to have been adopted by any legislature or conventioa of . 
 the people of any State, are, as to the I'cderal Union, abso- 
 lutely null and void ; and that while such acts may and 
 do subject tho individual actors therein to forfeitures and 
 penalties, they do not, in any degree, alfect the relations of 
 the State wherein they purport to have been adopted to 
 Uic Government of the United Statos, but are as to such 
 Government acts of rebellion, insurrection, and hostility, 
 on the part of tho individuals engaged therein, or gi>iug 
 assent thereto ; and that such States are, notwithstanding 
 such acts or ordinances, members of the Federal Union, 
 and as such are subject to ail tho obligations and duties im- 
 posed upon them by the Constitution of the United States; 
 and the loyal citizens of such States are entitled to all tho 
 rights and privileges thereby guarantied or conferred. 
 
 IN HOUSE. 
 1862, May 26 — Mr. Wickliffe presented 
 these resolutions : 
 
 Resolved, That the Constitution, and the Laws of the Uni- 
 ted Statics made in pursuance thereof, and all treaties made 
 under the authority of the United Slates, are the supremo 
 law of the laud in time of war or rebeUion, as well as in 
 
324 
 
 RECONSTRUCTION OF STATES. 
 
 time of peace, anything in the constitution or laws of any 
 State to tlie contrary notwitbstaiitling. 
 
 2. The right to disregard and violate the Constitution, or 
 any part thereof, by cither of tlie departments of the Gov- 
 erumeut, docs not exist any more iu liuio of war or rebel- 
 lion than in time of peace. 
 
 3. That the powers vested in Congress by the Constitu- 
 tion of the United States are not enlai-go<l by a statu of war, 
 but are ample and full to enable the Government to sup- 
 press a rebellion, or to prosecute a war, wtliout the exer- 
 cise of powers not granted therein. 
 
 •t. A disregard of tiie provisions of the Constitution, un- 
 der the plea of necessily, by Congress, is dangerous to free 
 government, and ultimately will malce it a despotism if 
 controlled by an unprincipled majority, dangerous to i^ri- 
 vate rights and destructive of public liberty. 
 
 5. That no State has the right, by any act, ordinance, or 
 law, to absolve itself or any citizens from their obligations 
 and duties imposed bvthe Constitutiou of th ■ United Slates. 
 
 6. A rebellion and open resistance to the Constitution and 
 the laws of the United States made in ptirsuance thereof, 
 caimot abrogate the same; but during such reliellion and 
 resistance the rights and powers of *lie Constitution do ex- 
 tend to the citizen in every portion of the United States, 
 and the right and power of the Government, though ol)- 
 structed, are not destroyed. And when tliat obstruction 
 sliall be overcome, the State govenimeut-i and tlie citizens 
 tliereof are restored to all the rights and privileges secured 
 by the Constitution. 
 
 7. That open and forcible resistance, by arms, by the 
 citizens of any portion of the United States is treason, to be 
 imuished as such by tlie power of the Government under 
 the provisions and limitations of the Constitution. 
 
 8. That a citizen not engaged in actual war, but who re- 
 Bides within the territory of a de facto Government, which 
 Is in rebellion and at war with the United States, is not 
 guilty of treason by obeyiug the orders of such de facto 
 Government, or by contributing to its support. 
 
 9. That neither the Executive nor military has the right 
 to seize the property of a non-combatant in any of the 
 seceded States, and confiscate the same, even under the 
 authority of an act of Congress. " No person shall bo de- 
 prived of life, liberty, or property, without due process of 
 law," is the language of the Constitution. Therefore, all 
 wholesale bills confiscating estates, or property of any Idnd, 
 whether lauds, slaves, or chattels, are in violation of the 
 I n \vs of Christian warfare, and forbidden by the Constitution 
 of the United States. 
 
 Third Session, Thirty-Seventh Congress. 
 
 1863, January 8 — Mr. Clements oiTured this 
 resolution, which went over : 
 
 Resolved, That the acts of secession claiming to have been 
 passed by a part of the peojjle of a part of the St:ites of 
 tills Government were null and void, and of no effect ; and 
 that the State Constitutions and laws of the States so claim- 
 ing to have seceded ai'e the same as tliey were previotis to 
 faid acts ; they have not committed State suicide, lor their 
 Constitutions and laws still exist in tlio loyal people. 
 
 IN SENATE. 
 
 First Session, Thirty-Eighth Congress. 
 
 1864, Jan. 5 — Mr, Gauuett Davis olferecl 
 these resolutions : 
 
 1. Resolved, That the Government of the United States 
 was established by the people of States wliiclj lK'lV)re hid 
 been separate, sovereign, and independent ; and tliey 
 formed their common national Government by a written 
 Constitution, and delegated to it so much of their sover- 
 eign political power as tliey adjudged to be necessary and 
 proper to enable it to manage all their affairs with foreign 
 nations and among the several States; and, both by its 
 loading principle and express provision, they reserved " to 
 the States, respectively, or to the people," "all powers not 
 delogfited to the United States, uor prohibited by it to the 
 States." 
 
 '2. That our system consists of a limited national Gov- 
 ernment for the whole United States, of supremo authority 
 as to all the powers with wliich the Constitution has in- 
 vested it, and State governments lor each State, formed by 
 the people thereof, and holding the entire residuum of po- 
 litical sovereignty within their respective States — each 
 government, witliin its sphere, lieing alike supreme; and 
 as the governors, and all other civil and military otlicers of 
 the States, aa other individuals, may commit treason against 
 the United States, " by levying war against them, or in ad- 
 hering to their enemies, giving them aid and comfort," so 
 the President of the United States, and the civil and mili- 
 tary officers thereof, may commit treason against any State 
 whose government is la the performance of its duties under 
 
 the Federal Constitution, by levying war against it, or 
 in adhering to its enemies, giving them aid and comfort, aa 
 resisting Willi an armed force the execution of its laws, or 
 adheriu'.; to such armed force, giving it aid and comfort. 
 
 3. Tliat in all the States, and parts of States, where tho 
 laws of the United States and the States can be executed, 
 the military autlioritics should not bo brought into conflict 
 with the civil power, but should be strictly held to be, aa 
 they rightfully are, in subordination to it. 
 
 4. That all elections to civil offices. Federal or State, should 
 lie in strict accordance with the Constitution and laws of 
 the United States and of the States, respectively, and be 
 understood by officers appointed by the proper authoritiea 
 for that purpose; and where from the presence or appre- 
 hension of force, violence, or other cause, any election can- 
 not be so conducted, it ought not to be held at all ; and 
 every election at which any military force may interfere by 
 imposing additional oaths or qualifications for the electors, 
 or regulations for conducting the said election, or by chang- 
 ing or modifying the oaths and (jualifications of the electors, 
 or rogulati(jns to govern it, provided as by law, or to con- 
 strain, control, or direct the officers of such election in con- 
 ducting it, should be held to be void and of no effect. 
 
 5. Tliat the experience of the world proves that there can 
 be neither security nor liberty in any country witliout wise 
 and just laws, firmly sustained and uniformly executed ; 
 that this is the life, the spirit, the soul of the nation ; and 
 all neglect and departiu-es from law, and particularly from 
 constitutional law, by agents appointed to administer it, 
 although sometimes attended with seeming advantage, are 
 sure to produce always, sooner or-later, much greater and 
 more endiuing mischief: wherefore, disregard of law by 
 such agents is never tolerated by a wise and free people. 
 
 6. That the powers of the Government of the United 
 States are derived wholly from, and limited by the Consti- 
 tution, and by it are divi<led into legislative, executive, and 
 judicial; and each cliiss of those powers is vested in a sep- 
 arate department ; that the President is the chief of the ex- 
 ecutive department, and has no legislative or judicial power 
 whatever, and only such executive powers as are enumer- 
 ated in the second and third sections of the second article 
 of the Constitution, and such other powers as may be, from 
 time to time, conferred upon him by Congress in virtue of 
 this provision: "Congi-ess shall have power to make all 
 laws which shall be necessary and proper for cnTying into 
 execution the loreguing powers, and cdl other pomers vested 
 by thisConstitntiun in the Gova-nment of the United States, 
 or any dopiirtuniit or ohieer thereof." 
 
 7. That the President cannot be tUvested of any powers 
 witii which he is directly invested by the Constitution, nor 
 controlled or interfered with in their execution, but all 
 powers conferred on him by law of Congress he holds iu 
 subortUnatiou to that department, which may supervise, 
 modify, and correct Ids exucution of them, or resume them, 
 by repealing the laws intrusting their execution to him. 
 
 "S. That tlia power of the President to recognize the exist- 
 ence of a state of case amounting to '• an invasion, or immi- 
 nent danger of an invasion, of the United States," or " in- 
 surrection in any State against the government thereof,'' 
 or "obstruction to the execution of the laws of the United 
 States by combinations too powerful to be suppressed by 
 the ordinary course of judicial proceedings," and to call 
 forth the military power to meet such contlitions, is con- 
 ferred on him by tlio laws of Congress ; and the repeal of 
 tliose laws would withdraw from the President all that 
 power. 
 
 9. That Congress is invested with the power " to lay and 
 collect taxes, tluties, imposts, and excises, to pay the debts 
 and provide lor the common defence and general welfare of 
 the United States," " to declare war, grant letters of maniue 
 and reprisal, and make rules concerning captures on land 
 and water," " to raise and support armies," " to provide and 
 maintain a navy," " to provide for calling forth the militia 
 to execute the laws of the Union, suppress insiu'rections, iind 
 repel invasions," "to provide for arming, organizing, and 
 disciplining the militia, and governing such part of them as 
 may be employed in tho service of the United States," "to 
 guarantee to every State in the Union a republican form of 
 government, and to protect each of them again.it inv;ision ;" 
 and thus the entire war power and quasi war power, extcr- 
 iml and internal, of the Government, is vested by the Con- 
 stitution in Congress, and no part of it whatever iu tho 
 President. 
 
 10. That whenever there is an insurrection in the United 
 States, Congress is vested with the power to suppress it, and 
 with no otiier power whatever over the insurrection ; and 
 when it is suppressed, either by the arms of the United 
 States or by tho submission of the insurgonts to the Consti- 
 tution, laws, and authorities thereof, thereupon tlio power 
 of Congi-ess over the whole subjict is exhausted, and the 
 insurgents are immediately remitted to all the rights, priv- 
 ileges, liberties, and duties of citizens, subject to such for- 
 feiture thereof as may have been declared by law, after it 
 shall have been adjud^'od by the civil courti iu the uiod« 
 
RECONSTRUCTION OF STATES. 
 
 325 
 
 prescribed by the Constitution ; .xnd Congress, much less 
 tbs President, has no power to iinpoae upon them ;iny other 
 terms or concUtions. 
 
 11. That the whole power and duty of the President, in 
 the existing insurrection, is to grant pardons to those on- 
 gaged in it, and, as Comii^nder-in-Jhiaf of the Army and 
 Navy, to direi't thfir opora^us for its siiiumssion : and as 
 such, his powers are strictly railii:ir\. n I :i: • not iliifcrent 
 or greater tlian would be those oi : : i i : ir din the 
 service, if the Constitution had li > ; I - ,/i to be the 
 Commander-in-Chief: the power L. .i. \ i^o a pwlKy or me;i- 
 Bures for its suppression is legislative, to wiiii li the Presi- 
 dent is incompetent, wiiether as the lirst executive officer 
 of the Government, or Comniander-iu-Oliief of the Army and 
 Navy. 
 
 12. That the law of military necessit'j is not established, 
 bnt only tolerated, in the United States. It does not, nor 
 cannot, in peace or war abrogate or suspend the Constitu- 
 tion in whole or in part. It cannot authorize arbitrary ar- 
 rests and imprisonment, or in any way interfere witli the 
 person of the citizen, but only with his property. It does 
 not appertiiin to the President, or to the Commander-in- 
 Chief, unless he be in the actual command of a miUtary 
 force, and then only under particular circumstances. It 
 results from a present and urgent need of an army or miU- 
 tary corps, whi<;h is so pressing that it cannot await otiier 
 modes, but must be supphed anywhere within its reach by 
 its own power and action. It is not an expediency, but a 
 necessity of a military body, and creates a law and confers 
 a power, ibr the occasion only, on its commander, of what- 
 ever grade he may be, to supply that necessity by taking 
 property with summary miUtary force, without depriving 
 the owner of Iiis right to bo compensated for it by the Uni- 
 ted States. Each case of military necessity makes its own 
 law, adapted to its own peculiar circumstances, and exph-- 
 ing with that particular necessity. There is not, and can- 
 not be, any uniform, permanent, or even continuing law of 
 military necessity. The idea that a law alwiiys accidental, 
 evanescent, and, in truth, so inconsiderable, should have 
 the magic force to enable Abraham Lincoln to bound over 
 the Constitution and all its limitations and restrictions, and 
 clutch the vast jjowers which he chiims under it, is a, gi- 
 gantic absurdity. 
 
 13. That at tiie beginning of the war, under the piinic of 
 the defeat of Bull Run. the party in power professed to car- 
 ry it on for the Constitution, and to put down the rebellion, 
 and vindicate the laws and .luthoriiy of the United States 
 in the insurgent States, and wlien that was effected it was 
 to cease. But more than a year ago another, and a para- 
 mount and unconstitutional one, the total subversion of 
 slavery wap inaugurated by them ; and at length, to carry 
 on the war in this augmented and perverted form, the an- 
 nual expenditure, o.i iho part of the United States, has 
 swollen to <>no hundred thousand lives, a much larger 
 amount of personal disability, and a thousand millions of 
 money, and yet the wisest c;innot see the end of the war; 
 ve<ily. the people north, and people south, ought to revolt 
 against their war-leailers, and take this great nuitter into 
 tlieir own hands; and elect members Jo a national conven- 
 tion of all the States, to terminate a war that is euri^hing 
 hundreds of thousands of officers, plunderers, and spoilsmen 
 in the loval Slatts, and I breatens the masses of both sec- 
 tii ns with irretrievable bankruptcy and indefinite slaugh- 
 ter ; and to nstoro their Union and common government 
 upon the great [irinciplos of liberty and compromise, de- 
 yisecl bv Washington and his .'isscciafes. 
 
 14. That the present ExecutiveGovernment of the United 
 States has suljvcrted, for the time, in large portions of the 
 loyal States, t'le Ireedom of speech, the freedom of tlio 
 press, and IVee sulTrage, the Constitutions and laws of the 
 United States, the civil courts and trial by Jury; it h:is 
 ordered, ad hoitum, arbitrary arrests by military officers, 
 not only witliout waiTant, but without any charge or im- 
 putation of crime or offence; and has hurried the persons 
 so arresteil f;-om liomo and vicinage to distant prisons, and 
 kept thorn incarcenited there fir an indefinite time; some 
 of whom it discharged without trial, and in utter ignorance 
 of the causo of their arrest a ud iiainisonment ; and others 
 it caused to be brought before courts, i icated by it.self, and 
 to be tried and punished wilhonr l.iw, in \ iol'iti .n of tho 
 constitutional guarantee to the i.iii.' n oi hi-; i i ;lit to keep 
 .and bear arms, and of his rights of [,: o| 111 \ ; it li.is forcibly 
 deprived .IS well the loyal as the chnlo^.a oi l.oili; it has 
 usurped the power to suspend the writ (>( ha! »•.■{.•; ror-ms, 
 and to procl.nim martial law, and establish military tribun.als 
 in States and jiarts of States where there was no obstruc- 
 tion to the due administration of the laws of the United 
 States and Ihe States by the civil courts and authorities; 
 and ordered many citizens, wlio wci-e not connecti^d with 
 the army or navy, to bo dragged before its drum-head courts, 
 and to be tried liy them for new and strange (ilfenees, 
 iledared bv itself and liy imdefined and indeliiitdile law. 
 being but the arbitrary "uill of the court; it luus ordain. ■.! 
 at ^leaiiiire a miUt;Lry despotism in the loyal States, by J 
 
 means of conrts-martial, provost marshals, and military 
 forces, governed neither by law, principles, nor rules, frona 
 whose tyranny and oppressions no man can claim inmiunity ; 
 all of which must be repudiated aud swept away by the 
 sovereign people. 
 
 15. That a free press, free speech, and free elections are 
 the great and peaceful forces by wliich the mal-administra- 
 tioii of our Government, whether in the legislative or ex- 
 ecutive departments, is prevented, reformed, and reversed, 
 and its authors brought to public condemnation and pun- 
 ishment; and these bulwarks of constitutional Government 
 and popular liberty are formidable to milvcrsators, usur- 
 pers, and tyrants only, and they must be held by the people 
 at all hazards. 
 
 16. That as the Constitution and laws afford no means to 
 exclude from the oUice of President a man appointed to it 
 by military power, or who is declared to be chosen to it by 
 reason of the suppression of the freedom of election, or by 
 the exclusion of log,al voters from the polls.orby any other 
 means, the people of the United Str.tes would be incompe- 
 tent to 'defend, and unworthy to have received the rich 
 horitase of freedom becpioatlied to them by theu- fathers, if 
 tliey p nnit that great oillco so to be filled, or in any other 
 mode than by tln-irown free suffrages. 
 
 17. That the scheme of the President to bring back tho 
 insurgent States is open to many and insuperable objections. 
 The pardon ami amnesty offered by him is upon the condi- 
 tion that those who accept it shall renounce their right to 
 their slave property, and swear to support his unconstitu- 
 tional proclamation, and unconstitutional acts of Congress, 
 wliich attempted to take it from them. lie must have in- 
 tended to put this condition in a form so obnoxious as to 
 secure its rejection by most of those to whom it was offered, 
 lie affects the position that ten of the insurgent States have 
 forfeited or dissolved tlieir State governments, and requires 
 that they be reconstructed on a contUtion prescribed by 
 himself, and tills against the true piinci;)le which he and 
 the legislative dcjp.irttni'nt ■ f \\\<- (ovuinient had pre- 
 viously recognized: tliat r.ll t!i - i. , , ,t ih. m urgent States 
 and people, tending to tlnir -. I' , ., i r -ticm, and inde- 
 pendence, were void, and will II t:i ■ i.iiiiiiljiiin with whicii 
 their insurrection covered over llie authority of the Con- 
 stitution ami laws of the United States in them passed 
 away, it would leave the constitutions, laws, property, aud 
 institutions of those States in every respect the same th.it 
 they were previously, excepting only the changes that wei-o 
 produced by the mere shock of arms, the principle status 
 ante belhim \vmz applicable. lie i'lnores the constitutions 
 of Tenii ■ -• ■ :": I Arlcansas, an! oth-rs that have not been 
 altered r; ■ j r! ir, luit :ui' tln'i anie tliatthey werebe- 
 fore til- !' I •. I . .1 li- r.';|iiiri-s those States to repudiate 
 their Coll 111 :i : n, i ii;;t govcriicil them many years peace- 
 fully in tlie IJuion, and to Ibrm new nnes. lie has no right 
 to take cognizance, in any way, of the governments and 
 constitutions of those States or of any other States ; to the 
 extent that such a power is vested iti the Goveniiuent of 
 the United States, it i< en ;r, ,n-ii I. n t \.v.' M. :i lal. Ho 
 has no authority what V i i - i- . lii' aithij 
 insurgeut.s, and they -1 " .. ■ • ■■ i ii ■ ■■■ pro 
 scribed by the Constitn'i -.i ml \.x-\ i V.\ i Liu: I .tftites, 
 to be deteriniiiedl.ythciriouits. \Vhat tight h:is the Presi- 
 dent to pi-oelaiin tjiat ( u -tenth of as many of the voters of 
 those States as voted at the la t presidential election may pull 
 down ;iud revolutionizi' their State sovernnients, and erect 
 now ones for the other niii -tenths, which ho will recognize 
 and uphold with Iheiiriuics. 111,1 nvi s of the United States? 
 llis project is to continiti' the w,,r nvon slavery by his fur- 
 ther usurpations of pow i-, .oil to ,; i to r<'tlicr and buy up 
 a desperate I'aciion of mcnilic mis ;in ! advcntufrrs in tlie 
 rebel States, give them iio-: .s-jon of t!ic polls by interpo- 
 sinic the bayonet, as ill .Al arybiiid. Kchiwafo, aiul portions 
 of Missouri, and Kentucky, and to keep otfloyal pro-slavery 
 voters, aud thus to form bastiu-d constitutions to abolition- 
 izo those States. 
 
 18. That the impending destiny of our country can no 
 longer be blinked. The ih-o'iIo r:|- ii„. Piy.-a States are re- 
 solved into two great imrti s. / .■ ■'. tructives and the coti- 
 servatices. The first con i i^i \i r ham Lincoln, his offlc- 
 holdors, contractors, and uth r followers; the second of uU 
 men who are for ejecting Lincoln and his party from office 
 and power. The professed objects of the first are, to pre- 
 serve the Union and to abolish slavery in all the States; they 
 have about ceased to make a pretence of supporting the Con- 
 stitution aud the laws. Their real objects sire to perpetuate 
 their party power, smd to hold possession of the Government 
 to continue the tiggraneUzement of their leaders, great and 
 sm.-ill, by almost countless offices and employments, by myr- 
 itids of plundering contracts, and by putting up to sale the 
 largest amount of spoils that were ever offered to market 
 by any Government on earth. Their object is not to eradi- 
 (•ate slavery, but only to abolish its lorm and the mastery; 
 tosuliju-at'e wholly the rebel .^tat.vs, and utterly to revo- 
 lutionize their political and sociU or-ani/.Uion : to destroy 
 or banish, and strip of their property, all the pro-alaveiy 
 
326 
 
 RECONSTRUCTION OF STATES. 
 
 people, Becessionists and anti-aecessionists, loyal and dis- 
 loyal. CDiiiliataiits anil non-combatants, old mon, wonxon, 
 and cbiUlivn, the decrepit, and the lum cmipos mentis, all 
 whom they cannot aboUtionizo, and to di.stiibute the lands 
 of the suliju^ated people among tlieir followers, as was done 
 l)y the Iloman conquerors of their own couutrymcn; to 
 proclaim a mock freedom to the slaves, but by military 
 power to take possession of the frccdmen, and work them for 
 their own profit ; to do all this, and also to enslave the white 
 man, by trampling under foot the Constitution and laws of the 
 Viuted States and the States, by the power of a subsidized 
 »rmy, and, lest it should falter, by hunih-cds of thousands 
 ot negro janiziiries, organized for that, purpose by the Sec- 
 rotary of AVar and the Adjutant Ooneral. The first and 
 Jinramonnt object of the conservatives is to preserve their 
 own liberties by saving the Union, the Constitution, and the 
 1 iws from utter and final overtlirow ))y tlie destructives, not 
 tiiemselves to be enslaved under the pretext of giving a 
 t;otitio\i8 freedom to the ncgi-o, and to restore and perpet- 
 \u\te the Union, and to bring back the people in revolt by 
 r.newed and sutlicient guarantees of all Iheir constitutional 
 rights. There is no choice left to any man but to" be a do- 
 etructivo or a conservative. 
 
 January 7 — Mr. Caklile olTL-reil these resolu- 
 tions : 
 
 Sesohed. That the Government of the United f-'tat 'S, in 
 the language of Mr. Webster, is "the ri'ult of compact be- 
 tween the State.«i," each State for itself adopting for its 
 government the Couslitution of the United States. 
 
 2. That the people of eacli ;^tate adopti'd for tli "ir govern- 
 ment the Constitution of the United States, in the same 
 way as Ihey adopted tlieir State constitution. 
 
 3. That the Constitution of the luit.d States was not 
 binding, nor had it furce or eilVit in any f^fite until it vas 
 ratified and adopted by the iieoj)!!! ibovnf, as is evidenced 
 by the fact that the people of Nurili (J:irolina were n.t 
 bound by it. nor was North Carolina a member of the Union 
 created by it, for sometime after thetluvernment had been 
 organized under it, and after it had b^en ratified by eleven 
 other States. 
 
 4. That the Government created by the Constitution of 
 the United Stales is " neither wholly nati nal nor wholly 
 fdcral. Were it wholly national, the supreme and ultimate 
 authority would reside in the majoiity of the people of the 
 Union, and thi.- authority would be uompeteutat all times, 
 lilce that of u raajoiity of every national soci ty, to alter or 
 fiboiish its established goveinmeut. Were il. wiiolly federal, 
 on the other hand, the concurrence of each State in the 
 Union would bo essential to every alteration tliat v.ould be 
 binding on all." The mode provided by the Constitution f ir 
 its amendment " is not foumled on cither of these princi- 
 ples " " In requiring more than a majority, and particu- 
 larly in computing the proportion by ^i;ato,not hy citizens, 
 it departs from the nattmial and ••'dvances towards tlie/^rfe- 
 »"«! character. In rendeiing the coucurience of le'ss than 
 the whole number of fc-tates s.iOicient, it loses again the 
 federal and partakes oi the natumul character.'' The Gov- 
 ernment created by the Constitution of the United Suites, 
 therefore, is neither a liational nor a federal government, 
 '• but a composition of both." -'In its foundation it is fede- 
 ral, not national ; in the sources from which the ordinary 
 jujwers of the Governme t are dr.wn, it is partly federal 
 and partly natinnal: in the oi)eration of these pn'w; rs it i.s 
 national, not federal; in the extent of them itis federal, not 
 Diitional." 
 
 5. That it is e.'.sential to the preservation of the Govern- 
 ment creatfd by the! Conscituiion that the military should 
 bo subordinate to the civil power, and that such was the in- 
 tention of the founders of the Government is evidenced by 
 the fact that the President was made Commander-in-Chief 
 ol the Army and N;ivy. 
 
 6. That Congress alone can declare what are crimes against 
 the United States, and can alone legislate for the punish- 
 ment thereof. That it is not competent for tBe President, 
 in any character, gr for any military commander, to re- 
 btrict the right of suffrage in any State, or to impose con- 
 ditions precedent to the e.xercise thereof; nor can the will 
 or judgment of the President enlarge his powers beyond 
 what are confeiTed by the Constitution. 
 
 7. That all the powers of the General Government are 
 derived from the Constitution; that the Constitution of the 
 U nited States confers power, and the Constitutions of the 
 several States limit power; that the General Government 
 can only exercise such powers as are conferred by the Con- 
 stitution of the United States; that but for the State Con- 
 stitutions each State, within its own jurisdiction, could 
 exercise all g«>vernmental power. 
 
 8. That Governments are instituted for the protection of 
 minorities, the chief objects being to secure to the citizen 
 his right to personal liberty, and to protect him in the 
 possession and enjoyment of his private jjroperty. 
 
 9. Ihut there id uo au li power as "the war power" 
 
 kno^vn to the Government of the TTnited States, outsid" of 
 the powers conferred by and enumerated in the Constitu- 
 tion of the United States. 
 
 10. That the Govonimcut of the United States enforces 
 obedience to the Constitution and laws, as do the State 
 Governments, by acting du-ectly upon the citizens; that it 
 cannot create a State Governu^mt or a State Constitution, 
 or alter one; that it has no right to interfere, dir'^ctly or 
 indirectly, to alter, .abolish, or procure a change in the 
 Constittition of any State, but is bound to protect existing 
 Constitutions in each and every State from any attempt to 
 substitute for thenj a Government not republican in form, 
 and cannot act against States or political commuiuties as 
 such, but is confined in its action to the puixishment of 
 persons, there being no right of eminent domain in the 
 Government of the United States, the soil of each State 
 belonging to it and the people thereof. 
 
 11. Tlie.t any attempt on the part of the Government of 
 the United States, or any department thereof, to destroy 
 the State Governments, and substitute for them Territorial 
 or any other form of Government, would be an exercise of 
 arbitrary and usurped power, destructive to the liberties of 
 the people, violative of the Constitution, and an overthrow 
 of the Government created by it. 
 
 12. That it is the duty of the servants of the people to 
 whom the administration otthoGovernmentis intrtisted,and 
 to whom its powers liavebocn confided, to put down rebel- 
 lion against its author ty whenever orgaeized, to the end 
 that the law-abiding citizen may be protected in the en- 
 joyment of the blessings the Government was designed to 
 confer ; that, if necessary to this end, the whole mill ary 
 and naval jmwcr of the Government can and should be 
 u.scd, not against the States as such, nor in a war against 
 populations and homos, but against the citizens and persons 
 so resisting the authority of the Government and defying 
 its power. 
 
 13. That the whole millitary power of the Government 
 should be directed against the armies of the Confederates, 
 and that, until they are broken and dispersed, there can be 
 uo peace upon the basis of a re-union of the States. 
 
 Feb. 8 — Mr. Sumneb offered these resolu- 
 tions: 
 
 Resolved, That, in order to determine the duties of the 
 national Government at the present moment, it is of the 
 first importance that we should see and understand the 
 real character of the contest which has been forced upon 
 the Utiited States, for a failure truly to appreciate this con- 
 test must end disastrously in a failure of those proper ef- 
 Ibrts which are essential to the re-establishment of unity 
 and concord ; that, recognizing the contest in its real char- 
 acter, as it must be recorded by history, it will be apparent 
 beyond controversy, that this is nolaii ordinary rebellion, 
 or an ordinary war, but, th;it it is absolutely without pre- 
 cedent, differUig clearly from every other rebellion and 
 every other war, inasmuch as it is an audacious attempt, lor 
 the first time in history, to found a wicked power on the 
 corner-stone of slavery ; and that such an attempt having 
 this single object— whether regarded as rebellion or as war 
 — is so completo'y penetrated and absorbed, so entirely 
 Oiled and possessed by slavery, that it can bo justly re- 
 garded as no'hing else than the huge impersonation of this 
 Clime, at once rebel and belligerent, or m other words, as 
 slaverv in arms. 
 
 2. That, recognizing the unquestionable identity of the 
 rebellion and of slavery, so that each is to the other as an- 
 other self, it becomes plain that the rebellion cannot be 
 crushed without crushing slavery, as slavery cannot bo 
 crushed without crushing the rebellion ; that every forbear- 
 ance to the one is a forbearance to the other, ami every 
 blow at the one is a blow at the other; that all who toler- 
 ate slavery tolerate the rebellion, and all who strike at 
 slavery strike at the rebellion ; and that, therefore, it is our 
 suprei'nest duty, in winch all other present duties are con- 
 t.-.ined, to take care that the barbarism of slavery, in which 
 alone the rebellion has its origin and life, is so utterly tram- 
 pled out that it can never spring up again anywhere in the 
 rebel and belligerent region ; for le.aving this duty undone 
 nothing is done, and all our blood and treasure have been 
 lavished in vain. 
 
 3. That in dealing with the rebel war the National Gov- 
 ernment is invested with two classes oi' rights— one the 
 rights of soverriffnt;/, inherent and indefeasible everywhere 
 within "the limits of the United States, and the other the 
 rights of war, or belligerent rights, which have boon su- 
 perinduced by the nature and extent of the contest; tliat, 
 by virtue of the rights of sovereignty, the rebel and bellig- 
 erent region is now subject to the National Governmeiit as 
 its oidy rightful Government, bound under the Constitu- 
 tion to all the duties of sovereignty, and by special mandate 
 bouiul also "to guarantee to every State a republican Ibrm 
 of government, and to protect it against invasion;" that, by 
 virtue of the rights of war, this same region is subject to all 
 
RECONSTRUCTION OF STATES. 
 
 327 
 
 the conditions and incidents of var, accordina: to the estab- 
 lished usages of Christian nations, out of which is derived 
 the famili;ir maxim of public duty, " Indemnity for the past 
 aud security for tiic future." 
 
 4. That, in seeking tlie restoration of the States to their 
 proper places as members of the Republic, so that every 
 State shall enjoy again its constitutional functions, and 
 every star on our national flag shall retro^.-nt :i st-itc, in 
 reality as vrell as in name, care must be t ; i i : ; i 1 1 re- 
 bellion is not allowed, through any nefli , ;!iu 
 concession, to retain the least foothold i ; .:ulv, 
 or the least germ of future life: thnt, \\!i in." tnliiig 
 by the exercise of sovereign ri^lit . i- . i i " ; , ,-iit rights, 
 tiie same precautions must ho ex.i : . i ;ulure peril; 
 that, therefore, any system of "ii.^ n i;: i u" nuist he 
 rejected, which does not provide l>y in\\' ■ "I u ,, : ;' nI.^.s 
 against the continued existence or pos-i: I i ■, . i i -1;- 
 VLTj', and that such guarantees can be p' : :,iii! ' i n^d 
 only through the agency of the nati.inil 1 1 > . '.m iit, 
 which to this end must assert a temporary suprrnia;y, mil- 
 itary or civil, throughout the rebel and belligerent region, 
 of sufiicient duration, to stamp upon this region the char- 
 acter of freedom. 
 
 5. That, in the exercise of this essential supremacy of the 
 national Government, a solemn duty is cast upon Congress 
 to see that no rebel State is prematurely restored to its con- 
 stitutional functions until,. within its borders, all proper 
 ■afeguards are established, so that loyal citizens, including 
 the new-made froedmen, cannot at any time be molested by 
 evil-disposed persons, and especially that no man there may 
 be made a slave; that this solemn duty belongs to Congress 
 under the Constitution, whether in the exercise of rights of 
 sovereignty or rights of war, and that in its performance 
 that system of '• reconstruction" will be found the best, 
 howsoever it may be named, which promises most surely to 
 accomplish the desired end, so that slavery, which is the 
 eynonyni of the rebellion, shall absolutely cease through- 
 out the whole rebel and belligerent region, and the laud 
 which it has maddened, impoverished, and degraded, 
 shall become safe, fertile, and glorious, from assured eman- 
 cipation. 
 
 6. Ibat, in the process of " reconstructinii," it is not 
 enough to secure the death of s'avery tlir.i i ,; i it i :i [-.ii.-i 
 an<t belligerent region only ; that cxperie:;c I : ii>t 
 Biavery wherever it exists, not only as at: _ . : hu- 
 manity, br.t as a disturber of the public ]' acc ,iii;! ihe 
 spoiler vf t'.ie public liberties, including the liberty of the 
 press, the liberty of speech, and the liberty of travel and 
 transit; that obviously, in the progress of civilization, it 
 Las become incompatiblo with good government, and espe- 
 cially with that " republican form of government" which 
 the United States are bound to guarantee to every State ; 
 that flora Die outbreak of this rebel war, even in States 
 professing loyalty, it has been an open check upon patriotic 
 duly and an open accessory to the rebellion, so as to be a 
 source of unquestionable weakness to the national cause ; 
 that the defiant pretensions of the master, claiming the con- 
 trol of his slave, are in direct conflict with the paramount 
 rights of the national Government; and that, therefore, it 
 is the further duty of Congress, in the exercise of its dou- 
 mo powers, under the Constitution, as guardian of the na- 
 tional safety , to take all needful steps to secure the extinction 
 of slavery, even in States professing loyalty, so that this 
 crime against humanity, this disturber of the public peace, 
 and this spoiler of thi' public liberties shall no longer exist 
 anywhere to menace the general harmony ; that civiliza- 
 tion may be no longer shocked; that the constitutional 
 guaranty of a republican form of government to every 
 State may bo fulfilled ; that the rebellion miy be deprived 
 of the traitorous aid and comfort which slavery has in- 
 stinctively volunteered; and that the master claiming an 
 unnatural property inhuman flesh, may no longer defy the 
 natioual Government. 
 
 7. That in addition to the guaranties stipulated by Con- 
 gress, and as the cap-stone to its work of restoration and 
 reconciliation, the Constitution itself must be so amended 
 as to prohib.t slavery eveiywhore within the limits of the 
 Republic; thats'ch a prohibition, leaving all personal 
 claims, wlic'thcr of s'ave or master, to the legislation of 
 Congress and of the Stales, will bo in itself a sacred and in- 
 violable guaranty, representing the collective will of the 
 people of the United States, and placing universal emanci- 
 pation under the sanction of the Constitution, so that free- 
 dom shall be engraved on every foot of the national soil, 
 and bo woven into every star of the national flag, while it 
 elevates and inspires our whole national existence, and the 
 Constitution, so often invoked for slavery, but at last in 
 harmony with the Declaration of Independence, will be- 
 come, according to the holy aspu-ations of its founders, 
 the sublime guardian of the inalienable right of every 
 human being to life, liberty, and the pursuit of hap- 
 piness; all of which must be done in the name of the 
 tnion, in duty to humanity, and for the sake of permanent 
 
 IN HOUSE. 
 1863, Dec. 14 — Mr. Habding offered this res- 
 olution which was laid over under the rule : 
 
 Ri solved. That the Union has not been dissolved, and that 
 whenever the rebellion in any of the seceded States shall be 
 put down and subdued, cither by force of the I'ederal arms 
 or by the voluntary submission of the people of such State 
 to the authority of the Constitution, then such State will 
 be thereby restored to all its rights and privileges as a State 
 of the Union, under the constitution of such State and the 
 Constitution of the United States, in< hiding the right to 
 regulate, order and control its own domestic institutions 
 according to the constitutution and laws of such State, free 
 from all congressional or executive control or dictation. 
 
 May 2 — The resolution was laid on the table 
 — yeas 67, nays 56, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, John D. Baldwin, Baxter, Beaman, Blow, Bout- 
 well, Boyd, Brandegee, Broomall, Cole, Henry Winter Davis, 
 Doming, Donnelly, Driggs, Eckloy, Eliot, Farnsworth, Fen- 
 ton, Frank, Garfield, Grinnell, Hooper, Hotchkiss, A. W. 
 Hubbard, J. H. Hubbard, John II. Hubbard, Ilulbiu-d, Julian, 
 Kelley, Francis W. Kellogg, Loan, Longs'ear, McClurg, Mc- 
 Indoe, S. F. Miller, Moorhcad, Morrill, Daniel Morris, Amos 
 Myers, Leonard Myers, Norton, Charles O'Neill, Orth, Per- 
 ham. Pike, Pomeroy, Price, Alexander U. Rice, John H. 
 Rice, Edward H. Rollins, Schenck, Scofield, Shannon, 
 Sloan, Spalding, Stevens, Thayer, Upson, William B. Wash- 
 burn, Williams, Wilder, AVilson, Windom — 67. 
 
 Nats — Messrs. ^racoraa, Baily, Augustus C. Baldwin, Jat-^b 
 
 B. Blair, Brooks, William G. Brown, Chanler, Clay, Cox, Daw- 
 son, Denison, Edai, Eldridge, Finclc, Gansrni, Grider, Gris- 
 wold, Hall, Harding, Ilarrivqton, diaries M. Harris. Her- 
 rich, Holman, Hutcluns, Philip Johnson, William Johnson, 
 Kernan, King, Knajip, Law, Lazear, Le Blond, Long, Mai- 
 lory, Marcy, McDowell, McKinney, Morrison, Noble, Perry, 
 Rai'ford, Jiobinson, James S. Rollins, Ross, Scott, Smith, 
 John B. Steele, Stiles, Strouse. Stuart, Whaley, Wheeler, 
 Chilton A. White, Joseph W. White, Fernando' Wood, Yea- 
 man — 50. 
 
 December 14 — Mr. Wadsworth offered this 
 resolution, which was laid over under the rule : 
 Resolved, That 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, and the Federal Executive can, neither directly nor 
 indirectly, exercise any of the powers thus reserved or law- 
 fully restrict or obstruct the exercise thereof by the people. 
 
 May 2 — The resolution was referred to the 
 Comiuittee on the Rebellious States — yeas 69, 
 nays 50, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames. Anderson, Arnold, 
 Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Blow, 
 Boutwell, Boyd, Brandegee, Broomall, Cobb, Cole, Dawes, 
 Doming, Dixon, Donnelly, Driggs, Eliot, Farnsworth, Fen- 
 ton, Frank, Garfield, GriumU, Hiftby, Hotchkiss, A. W. 
 Habbard, .). 11. Hubbard. Hulbnid. Ji'ilian, Kelley. 0. Kel- 
 logg, Loan, Long-year, Mc Bride, McClurg, Mclndoe, Sam"l F. 
 Miller, Moorhcad, Amos Myers, Leonard Myers, Norton, 
 Charles O'Neill, Orth, Perham, Pike, Price, Alexander II. 
 Rice, John II. Rice, Edward H. Rollins, Schenck, Scofield, 
 Shannon, Smith, Spalding, Stevens. Thayer, Thomas, Upson, 
 Williim B. Washburn, Whaley, Williams, Wilder, Wilson, 
 Windom — 09. 
 
 Nat- — Messrs. William, J. Allen, Ancona, Baily, Augustus 
 
 C. B.'I'hni,,. i:.;.oJ.-f, William G. Brown. Chanh-r, Cox,Dcni- 
 S'm, /■' /. /" '• •;•, I')nck,Ga7isn)i, Oritlir, Griswold,Halt, 
 Har^h , :';. Harris, ChaHrsM./f,n-ris,Herrici; 
 HoliiuiN. I,, u ,:, J 'ni/ip Johnson, Wm. Jtihnson, Kcman, 
 King, Knupji, Laiv, Le Blond, Long. Merry, McDowell, 
 McKinney. Morrison, Koble, Perry, Radford. Rohinson, 
 James S. Rollins, Ross, Scott, Johii B. Steel,', SlUes, Strouse, 
 Stuart, Wheeler, Chilton A. White, Jose2)h W. While, Per- 
 7Mndo Wood, Teaman — 50. 
 
 1863, December — Mr. Yevman offered these 
 resolutions ; which were refered to the Judici- 
 ary Committee : 
 
 Joint resolutions concerning the restoration of the civil 
 authority of the United States and of certain States with- 
 in regions once or now under the control of the existing 
 rebellion. 
 
 Be it resolved, <£c., 1. That a combination of persons, in 
 the name of a State, or an assumed confederation of States, 
 for levying war against the United States, or for withdraw- 
 ing such .-^tates from the Union, does not alter the legal 
 charaot«r of the act done, nor excuse those engaged in it, 
 
328 
 
 RECONSTRUCTION OF STATES. 
 
 Dor does any CTich combination, levyinij of wnr, or a^tempt- 
 erl withdrawal amount to iiny ile-tructio.i, furfoitiire, oriib- 
 dication of the riplit of those M-ho at any timo acknowledge 
 allegiance and render ohedieneo to the United States to ad- 
 minister, amend, or establish a State (r-)vornment. 
 
 2. That a formal return or readmission oi' any ^'tate to 
 the Union is not necessary. It is sufficient that the people, 
 or those who are loy.il in any Stiite, and qiinlifitd l>y ihe 
 election laws thereof in force before the rebellion, shall at 
 any time resume the funcions of a State government com- 
 patible with the Union and with the (.'on^titu in and 1 iws 
 of the United States, and doing this is sufficient evidence of 
 loyalty for the purpose of doing it. 
 
 3. That all questions touching property-rights and inter 
 esta arising out of confiscation and emancipaion, and the 
 effect of any law, pr'^clamation. militiuy on!ei-, or emer- 
 gency of war, or act of rebellion, upon tho'tilln to any prop- 
 erty, or upon the status of any persons heretofore iiebl i o 
 service or labor in any State, .are left, lor the judicial de- 
 termination of the courts of tlie United States. 
 
 4. That the whole jiower of tlie nation is pledged for the 
 suppres.'ion of the rebellion, the execution of the I iws, (he 
 defense of lo.yal citi/.ens in any ^tate, the territorial inte.g- 
 rity of the llepublic, and the nationality of the Constitu- 
 tion. 
 
 5. That nothing herein contained shall be construed to 
 abridge or lessen any valid defense, or as waiving the right 
 of the Government to inflict puni.shuient: the purpose being 
 to declare the nullity of sece.^sion as a State ordinance, to 
 define the objects of the war. and to express the sense of 
 Congress as to the proper mode of restoring harmonious re- 
 lations betwcfn the Government and certain of the States 
 and the dlsaflected peopU thereof. 
 
 Subsequently, December 21, he offered these 
 resolutions, being, in part, a modification of 
 the others, upon which be addressed the House, 
 January 12, 18G4: 
 
 Rpsohrd, That a conspiracy of persons combined to- 
 gether, and as.suming the name of a State, or a confederation 
 of States, for levying war upon the United States, or for 
 withdrawing such States from the Union, does not extin- 
 guish the political franchises of the loyal citizens of such 
 States: and such loyal citizens have the right, at any time, 
 to administer, amend, or establish a State government 
 without other condition than that it shall be republican in 
 form. 
 
 2. That a formal return or re.admission of any State into 
 the Union is not necessary. It is sufficient that the people, 
 or those who are loyal in any State, and qualified liy tlie 
 election laws thereof in force before the rebellion, shall, at 
 any time, resume the functions of a State government com- 
 patible with the Union, and with the Constitution and laws 
 of the United States ; and doing this is sufficient evidence 
 of loyalty for the purpose of doing it. 
 
 .3. That all questions touching property-rights and inter- 
 ests, arising out of confiscation and emancipation, and the 
 effect and validity of any law, proclamation, military oider, 
 emergency of war, or act of rebellion, upon tlic title to any 
 property, or upon the status of any persons heretolbre 
 held to service or labor in any State under the laws thereof, 
 are left for the judicial determination of the courts of the 
 United States. 
 
 The House refusintr to second the demand 
 for the previous question on their passage, they 
 were, on motion of Mr. Love.joy, referred to 
 the Select Committee on the Rebellious States. 
 
 Feb. IC — Mr. Boutwell proposed these res- 
 olutions : 
 
 Resolved, That the Committee on the rebellions States be 
 
 instrticted to consider and report upon the expediency of 
 
 rocommending to tliis House the adoption of the following 
 
 Declaration of Opinions: 
 
 In view of the present condition of the country, and es- 
 pecially in view of the recent signal successes of the national 
 arms, promising a speedy overthrow of the rebellion, this 
 House makes the following declaration of opinions concern- 
 ing the institution of slavery in the States and parts of 
 States engaged in tlie relwllion, and embraced in the proc- 
 lamation of emancipiti.m i.^i^d I y the President on the 1st 
 •lay of January, A. I). I .:: ; n I als.i concerning the rehir 
 tions now subsistin;; b.-tv , . n lli.' p. oplo of such States and 
 parts of States on the one bide and the American Union on 
 the other. 
 
 It is therefore declared, (as the opinion of the Ilo'ise of 
 Representatives,) That the inditution of slavery wa.j the 
 cause of the present rebellion, and that the destruction of 
 slavery in the rebellious States is an eilicient means of weak- 
 ening the power of the rebels; that the President's procla- 
 
 mation, whereby all persons heretofore held as slaves h» 
 
 such States and parts of States have been declared free, has 
 had the effect to increase the power of the Union and to 
 diminish the power of its enemies; th.at the freedom of such 
 persons was desirable and just in Itself, and an efficient 
 means by which the Government was to be maintained and 
 its authority re-established in all the territory and over all 
 the people within the legal jurisdiction of the United Stiites ; 
 that it is the duty of the Government and of loyal men 
 everywhere to do what may bo practicable for the enforce- 
 ment of tho proclamation, in order to secure in fact as well 
 a.s by the forms of law the extinction of slavery in such 
 States and parts of States; and finally, that it is the para- 
 mount duty of the Government and of all loyal men to labor 
 for the restoration of tho American Union on the basis of 
 freedom. 
 
 And this House does further declare. That a State can 
 exist or cease to exist only by the will of the people within 
 its limits, and that it cannot be created or destroyed by tho 
 external force or opinion of other States, or even by the 
 jtidgment or action of the nation itself; that a State when 
 created by the will of its people can become a member of 
 tho American Union only by its own organized action and 
 tho concurrent action of the existing National Government ; 
 that when a State has bei-n admitted to the Union, no vote, 
 resolution, ordinance, or proceeding, on its part, however 
 formal in character or vigorously sustained, can deprive the 
 National Government of the legal jurisdiction and sover- 
 eignty over the territory and people of such State which 
 existed previous to the act of admission, or which were 
 acquired thereby ; that the effect of the so-called acts, 
 resolutions, and ordinances of secession adopted by thu 
 eleven States engaged in the present rebellion is, and can 
 only be, to destroy those political organizations as States, 
 while the legal and constitutional jurisdiction and authoriy 
 of the National Government over the people and territory 
 remain unimpaired ; that these several communities can bo 
 organized into States only by the will of the loyal people 
 expressed freely and in the absence of all coercion ; that 
 States so organized can become States of the American 
 Union only when they shall have applied for admission and 
 their admission shall have been authorized by the existing 
 National Government; that when a people have organized 
 a State upon the basis of allegiance to the Union, and ap- 
 plied for admission, the character of tiio institutions of such 
 proposed State may constitute a sufficient justification for 
 granting or rejecting such application; and inasmuch as 
 experituco has shown that the existence of human slavery 
 is incompatible with a republican form of Government in 
 the several States or in the United States, and inconsistent 
 with the peace, prosperity, and unity of the nation, it. s 
 the duty of the people and of all men in authority to resist 
 tho admission of slave States wherever organized within 
 the jmisdiction of the National Government. 
 
 1864, March 14 — Mr. Williams offered these 
 resolutions, which were laid over uuder the 
 rule : 
 
 Resolved, That the existing relation between the Union 
 and the rebel Slates constitutes a condition of public war, 
 with all the consequences attaching thereto under the law 
 of nature and of nations. 
 
 2. That ilie appeal of the rebel States from the jurisdiey 
 tion of the ordinary tribunals es ablished by the (Joustitu- 
 tion to tlie arbitrament of the sword has no', however, with- 
 drawn the case beyond the purview of ilie Cjiistitution, 
 which, in conferring the warpoweron the General Govern- 
 ment, has made the law of war the rule of conduct in the 
 prosecution a id adjustment of the pending controversy. 
 
 3. That while the rebel States are, by that law and by 
 the .solemn recognition thereof in the pioclamation made 
 by the President of the United States on the lijth of August, 
 A. D. ISGl, under and in pursuance of the authority con- 
 ferred on him by the act of Congress of Ihe loth of July of 
 the same year, interdicting a 1 commercial intercourse be- 
 tween their citizens and those of the loyal States, in the 
 attitude of belligerents, and outside of the Union as States, 
 by CDnstrnction of law as wel as in point of fict, and havf 
 thereby either abdicated or for.eited their rights to mem- 
 bership therein, the jurisdiction and powers of the Govern- 
 ment over their territory and cit.ze.'is i-ontinuo uui iii).-ii, ed, 
 and the latter are still amenable to the law and the judicial 
 tribunals of the United States for their treason and other 
 criini's against the same 
 
 4. That so long as those States continue under the armed 
 occupation of the forces of the United States employed in 
 suppressing the rebellion against its authority, the local 
 laws are necessarily subordinated, and the fnnciions of the 
 civil authorities so far .suspended therein as to prevent the 
 exerc se of all the rights arising out of their relatioas to 
 this Government, and to disable them from electing mem- 
 bers of either branch of Congress, or electors for the choice 
 of a President of the United States. 
 
RECONSTRUCTION OP STATES. 
 
 529 
 
 6. Thnt the occupation of these States by the armod forces I 
 of tli(? initcd States, either under military comniiunlor.s or 
 inovi>i.)iial Governors appointed by the Executive, rcsliiiK 
 lor its lawfulness upon the condition of insurrection cxiit- 
 ing therein, is a purely military one, and ought to deter- 
 mine with the necessity which produced it. 
 
 6. That as soon as the rebellion is suppressed in any of 
 the revolted States, by the reconquest and occupation thereof 
 by the armies of the United States, and the same are so 
 tranquilizcd as to furnish adequate assurance against the 
 recurrence of disturbance therein, it will become the duty 
 of the President to communicate the fact to Congress in 
 order that it may take the proper measures for the reor- 
 ganization of the ciril governments and the re-establish- 
 mont of the civil functionaries therein, and prescribe such 
 terms as it may deem wise and proper and consistent with 
 tlie puljlic safety for the readmission of those districts as 
 States of this Union. 
 
 7. That it is the exclusive right of the legislative power 
 of the Government to say upon what terms those Territories 
 shall be allowed to return to the Union ; and that in the 
 adjustment of the existing controversy in the Government 
 ad interim of the reconquered territory, and in the arrange- 
 ment of the terms of reorganization and readmission, it 
 will be entirely within their competency to punish the trea- 
 son of individuals and provide indemnitj' for the expenses 
 of the war and security against any future outbreak of the 
 like kind by removing its causes and coniiscating absolutely 
 the property and estate of the guilty authors and abettors 
 thereof. 
 
 Eebel Views of "Reconstruction." 
 
 1S61. 
 
 By Jefferson Davis, February 16, 1861, at 
 Montgomery : 
 
 The time for compromise has now passed, and the South 
 Is determined to muintnin her position, and make all who 
 oppose her smell southern powder and feel southern steel if 
 coercion is persisted in. lie had no doubts as to tlie result. 
 Ho said we will maintain ou- rights and Government at all 
 hazards. Wo ask nothing, we w.'.nt nothing; wo will have 
 no complications. If the other States join our confederation 
 they can freely come in on om- terms. Our separation from 
 tlie old Union is now completer No compromise, no recon- 
 struction is now to be entertained. 
 
 By Walter Brooke, of Mississippi, in ''Con- 
 federate" Provisional Congress, March 5, 18G1, j 
 quoting Davis and tetfphens: 
 
 These men have long since given up .all hope of receiving 
 Batisl'aotion from the General Govcrumunt, .-.nU the entire 
 people of Missis- ippi stand to-day upon the .same platform. 
 I am uuthnrizcd. I think, to speak their sentiments ou tltis 
 floor, fniui the infurmation I am daily receiving. I do not 
 believe that there is a man in Mississippi who desires a re- 
 construction of this Government, or who will not fully in- 
 dorse the sentiments uttered .by you, Mr. I'lesidcnt, that 
 "the separation is perfect, complete, and perpetual," and 
 likewise the sentiments of our distini;uished President of 
 the Confederate States, when he declared that " a recon- 
 struction is neitlier practicable nor desirable." 
 
 T. R. R. CoBi!, of Georgia, a member of the 
 Provisional Congress, spolce at Atlanta ou re- 
 construction : 
 
 IamncainstitiiowniMlfor..v<T. Vni;>th;ivewc w.^rkclfor? 
 SimplvaiK'NvC.ai^'iliiii .-.r.' .\-' « ■• -^ iijit lu I.. ]■ li,.\..,l 
 of the Noiih li.vaii-.' ilr y w-;- i: -^n,:: II , ; i^.vin- li-hm- 
 
 and Idling lliiir pocki ts iV.iii nm LJims. 1 Wduld nut unite 
 with thaii iflhcy wm- 1^ 'iiid l!:riii .'Ivrs in amounts more 
 than they "'iTO wuith, ami ■^'•vr iiir a .li^tress warrant to 
 sell theni out. I wi,,h thu lujuple of Georgia to s.iy— this 
 shall be a sl.aveholding confederacy, and notliing else. 
 
 Jeff. Davis, in his message of November, 
 
 18G1, says: 
 
 If, instead of being a dissolution of a league, it were in- 
 deed a rebellion in which wo are engaged, wo might find 
 ample vinilication in the course we have adopted in the 
 scenes which are now being enacted in the United States. 
 Our people now look with contemptuous astonishment on 
 those with whom they have bein so recently associated. 
 They shrink with aversion from the bare idi a of renewing 
 such a connection. 
 
 JOINT RESOLUTIONS OF GEORGIA, 
 Decemder 11, ISGl. 
 
 Henrilvefl, by the Senate and House of Representatives of 
 Georgia, in General Assembly met, That it is the sense of 
 
 this General Assembly that the separation of those States 
 now forming the Confederate States of America from the 
 United States is, and ought to be, final and irrevocable; and 
 that Georgia will, under no circumstances, ent<rt:iin any 
 proposition from any quarter which may have for its object 
 a restoration or reconstruction of the late Union, on any 
 terms or conditions whatever. 
 
 Jfcsolved, That the war which the United States is waging 
 upon the Confederiite States should be met on our part with 
 the utmost vigor and energy, until our independence and 
 nationality are unconditionally acknowledged by the United 
 States. 
 
 Jic<nlved, That Georgia pledges herself to her sister States 
 of the Confederacy that she will stand by them throughout 
 the struggle; .she will contribute all the means which her 
 resources will supply, so far as the same may be necessary 
 to the support of the common cause, and will not consent to 
 lay down arms until peace is established on the basis of the 
 foregoing resolutions. WARREN AIKEN, 
 
 Spral-cr of the House of Representatives. 
 L. Carrington, Clerk of tlie House of representatives. 
 JOHN BILLUPS, 
 President of the Senate, 
 James M. Morlet, Secretary/ of the Senate. 
 
 Approved December 11, 1861. 
 
 JOSU'PII E. BROWN, Governor. 
 
 See Roger A. Pryor's declaration at Charles- 
 ton, page 112. 
 
 1862. 
 
 Feb. 3 — The Congress adopted (his pream- 
 ble and resolution unanimously : 
 
 Whereas, the United States are waging war against the 
 Confederate States, with the avowed purpose of compelling 
 the latter to re-unite with them under the same constitu- 
 tion and government: and whereas, the waging of wai 
 with such an object is in direct opposition to the sound re- 
 publican maxim, that "all government rests upon the con 
 sent of tho governed," and can only tend to consolidation in 
 theGoneral Government, and tho consequent destruction of 
 the rights of the States; and whereas, this result l)eing at- 
 tained, the two sections can only exist together in the re- 
 lation of tho oppressor and the oppressed, because of the 
 great preponderance of power in the Nortliern section 
 coupled with dissimilarity of interests ; and whereas, we, 
 the representatives of the people of the Confederate States, 
 in Congress assembled, may be jjresumed to know tho sen- 
 timents of said people, having just been elected by them : 
 Therefore be it 
 
 Rcs'.lved. That this Congress do solemnly declare and 
 publish to the world that it is the imalterable determina- 
 tion of the people of the Confederate States (in humble re- 
 liance upon Almighty God) to suffer all the calamities of 
 the most protracted war, but that they will never, on any 
 terms, politically affiliate with a people who are miilty of 
 an invasion of their soil and the butcliery of their citizens. 
 
 John C. Breckinridge, announcing himself 
 a candidate in the Eleventh District of Ken- 
 tucky for the permanent "Confederate" Con- 
 gress, at the election held Jan. 22, said : 
 
 I am utterly opposed to a reconstruction of the old Gov- 
 ernment, or any measure which in the remotest degree 
 tends in that dire-tioa. For one. I shall never con^ent 
 that peace shall be made until the very last of all the ene- 
 mies of our liberty shall be driven, not only from onr hal- 
 lowed soil, but from every foot of lerriti.ry which, by its 
 geographical position, naturally belnngs to llie South. God 
 grant that tho dny may not be lar distant when Kentucky 
 will arise, free and dirsenthralleil, .and assume her true po- 
 sition as one, the fairest, among the sisters of the South. 
 
 Alexander R. Boteler of irginia, about 
 the same time said the same thing : 
 
 In regard to the canvass for Congress, I have h'en studi" 
 ously silent, as 1 have a .special repuguanc' to wliate\er 
 may seem like thrusting myself on the public; hut you cau 
 s.ay for me that I have consented to become a candidate, 
 which I suppose will be sufficient. In doing so, however, 
 it is but proper that I should say th.at, h.avingdoneall that 
 I could, consistent with self-respect, to preserve the Union 
 upon itsoriginal basisof constitutional equ.ality. I am equal- 
 ly resolute in my determination to resist all atienjpts, 
 should any he made, for its restoration; being unalterably 
 opposed to recon.-itruction, at any time or on any terms. 
 This much is due to the people that I should make known 
 before the election, so that they may be aware of tho course 
 I shall purs le, if elected. 
 
 In the winter of 1862, George N. Sanders, 
 in his letter to " Governor Seymour, Dean Rich- 
 
830 
 
 RECONSTRUCTION OF STATES. 
 
 mond, John Van Buren, Cliai-les O'Connor, 
 Wasliington Hunt, Fernando VV'ooil, and James 
 Brooks, repiesentative men of the triumphant 
 /■evolutionary party of Wew ^ ork," under date 
 of December 24, said : 
 
 Not only do you owo it to yoiirseh ef^ to repudiate every 
 dollar of tliis unconstitutional debt, bi t you owe it equally 
 to your posterity to pay the half, if not .11 tlie debt Vie peo- 
 ple of the Smtth have had to incur to maintain the rights of 
 citizens and of States, in the estahlishmeut of free trade. 
 
 Let heart and brain into the revolution; accelerate and 
 direct the movomcnt; got rid of the Baboon, (or What is 
 it!) Abrah.uji Lincoln, pacifically if you can, but by tho 
 blood of liis followers if necessary. Withdraw your sup- 
 port, niiitirial aud moral, from the invading armies, and the 
 South will niako quick work with the Abolitionists that 
 remain on her soil. Suffer no degenerate son of the South, 
 upon however plausible pretext, to idly embarrass your 
 action by throwing into your way rotten planks of recoi}- 
 struction. Unitij is no longer possible. The very word Union, 
 once so dear, has been made the cover for so many atro- 
 cious acts that the mere mention of it is odious in the ears 
 of Southern people. Tho State LoKislaturo will be called 
 upon to obliterate the hated name from counties and towns. 
 
 In the fall of 18G2, after the Democratic suc- 
 cesses in the election, the Richmond papers 
 took occasion to assure the North that there 
 could be no peace except by recognizing the 
 independence of the Southern Confederacy. 
 The Examiner said of the North : 
 
 They do not yet understand that we are resolute to bo 
 rid of them fonver, and determined rather to die than to 
 'ive with thejii in the same political community again. 
 
 The Dispatch anticipating Democratic ascen- 
 dency in the Union Congress, said: 
 
 It is probable, therefore, that they might propose a re- 
 construction of the Union, with certain pledges, guaranties, 
 kc. To this the South will nevorconsent. They will never 
 exist in thesame poll tical association, be its name what it may, 
 bo its terms what they will, and be tho g-uarantios what- 
 ever the good will of tho Democrats may make them. They 
 want nothing more to do with tho Yankees, and they are 
 determined to have nothing more to do with them. Let 
 them pay off their own debt with their own resources, we 
 have a-s much as we can do to pay off ours. AVe cannot 
 consent to retm-n to the state of vassalngo from v.-hich we 
 have emerged. We cannot consent to sit in a Congress in 
 which nothing is debated but the nig.jer from tlie begin- 
 ning of tlie longest session to the oncl of it. We can never 
 again affiliate with people who made a martyr of the cold- 
 blooded assassin, Jolm Urown, and thought ho was doing a 
 glorious detd when he was dying liis hands in tho blood of 
 our pe( )ple. AVe of tho Confederate States have made up our 
 niintis to endure the worst extremity to which war can re- 
 duce a pcopl,>. We are prepared for it. The Government 
 that should i,roposo to reunite us with the Yankees could 
 not exist a day. It would sink so deep beneath tho deluge 
 of jiopular indignation that even history would not be able 
 to fish up tile wreck. 
 
 Again, October 18, the Dispatch said : 
 
 Nor, after the sacrifices which the South has suffered at 
 Northern hands, could she ever consent, of her own free 
 will, to live luider the same Governnioiit with that people. 
 
 The blood of our murdered children would cry from the 
 ground against their lathers if they could ever be guilty of 
 such unnatural and monstrous ingratitude. If the South 
 has gi"cn her blood without a murmur to this contest, it is 
 not because she does not value that blood but because she 
 values freedom more than life or any earthly possession. 
 Precious, more than aught else save her honor, are tho 
 jewels she has hiid upon tho altar of liberty, and never can 
 she consent to shake hands again under one Government 
 with men who have made so many vacant places in south- 
 ern households, and whoso steel is dripping with tho blood 
 of our brethren and children. 
 
 henceforth we are two people. 
 December 2 — The Legislature of North Car- 
 olina adopted these, among other, resolutions: 
 
 Resoloed, That the Confederate States have the means 
 and tho will to su.st;un and perpetuate tho Government 
 thoy have established, and to that end North Carolina is 
 det';rniined to contribute all of her power and resources. 
 
 Resolved, That the separation between the Confederate 
 States and the United States is tioal, and that the people of 
 
 North Carolina will never consent to reunion at any time 
 or upon any tei-ms. 
 
 December 8 — Governor Letcher, of Virginia, 
 wrote : 
 
 It cannot be that the people of the Confeder.' V\ States 
 can again entertain a fooling of alTection and re.3pect for 
 the Government of tho United States. We have, therefore, 
 separated from them ; and now lot it bo understood that 
 the separation is and ought to bo final and irrevocable ; 
 that Virginia ■' will under no circumstances enterfciin any 
 propositi(<n from any quarter which may have for its ob- 
 ject a restoration or reconstruction of the late Union, on 
 any terms or conditions whatever." 
 
 JrfF. Davis addressed the Mississippi Legis- 
 lature, December 2G. 1862, and is reported in 
 the Jackson Mis.tissijnan to have sai<l : 
 
 He alluded to it, however, as a matter of regret that the 
 best affections of his heart should have been bestowed upon 
 an object so unworthy— that he should have loved so long 
 a Government which was rotten to its very core. He had 
 predicted from the beginning a fierce war, though it had 
 assumed more gigantic proportions than he had calculated 
 upon. Ho had predicted war not because our right to S(v 
 cedo was not an undoulited one, and defined in the spirit 
 of that declaration which rests tiie right to govern upon 
 the consent of tho governed .; but the wickedness of the 
 North would entail war upon the country. 
 
 The present war, waged against the rights of a free 
 people, was unjust, and the fruit of tho evil passions of the 
 North. In the progress of the war those evil passions have 
 been brought out and developed; and so far from reuniting 
 with such a people — a people whoso descendants Cromwell 
 had gathered from the bogs and fons of Ireland and Scot- 
 land — a people whoso intolerance produced discord and 
 trouble wherever they went — who persecuted Catholics, 
 Episcopalians, and every other sect that (hd not subscribe 
 to their bigoted and contracted notions — who hung witches, 
 and (liil a thousand other things calculated to make them 
 forever infamous. 
 
 The President was emphatic in his declaration that 
 under no circumstances would ho consent to reunion. He 
 drew a glowing picture of the horrors of war, and the rav- 
 ages of the enemy, and while his tears flowed for those who 
 suffered, yet all those would bo endured cheerfully before 
 our manhood and oiu' liberties would be surreudored." 
 
 1863. 
 
 From the speech of Jeff. Davis, delivered in 
 Richmond, as reported iu the Richmond En- 
 quirer of January 7 : 
 
 You have shown yourselves in no respect to be degenerate 
 sons of your fathers. You have fought mighty battles, and 
 your deeds of valor will live among the richest spoils of 
 Time's ample page. It is true, you have a cause which 
 binds you together more firmly than your fathers were. 
 Thoy fought to be free from the uburpation of the British 
 crown, but thev fought against a manly Ibe. You fight the 
 offscourings of Vie eiirVi. [Applause.] * * * 
 
 Thoy have come to disturb your social organizations on 
 tho plea that it is a military necessity. For wliat are they 
 waging war? They say to preserve the Union. Can thoy 
 preserve the Union by destroying the social existence of "a 
 portion of the South? Do tliey hope to reconstruct the 
 Union by striking at everything which is dear to men / By 
 showing themselves so utterly disgraced that if the question 
 was proposed to you whether you would combine with Hy- 
 enas or Yankees, I trust every Virginian would say, givo 
 ,me the Hyenas. [Cries of '■ Good ! good !" and ajiplause.j 
 [From the Richmond Dispatch of January 11.] 
 
 Reconstruction! Can they reconstruct tho family circles 
 which they have broken — can thoy reconstruct the lortunoti 
 which they have scattered— -can thoy reconstruct the bodies 
 of our dead kindred, which by tens of thousands they havo 
 destroyed? When they can do this they can reconstruct 
 the old Union. When they can do this — when they can 
 breathe the breath of life into the pallid faces of our sons 
 and brothers, and restore them once more, living and happj', 
 to our desolate firesides, thoy may dream of bringing back 
 that Union whose only principle of cohesion was the 
 mutual love and confidence of its people. 
 
 ******* 
 
 We warn the Democrats and conservatives of the North 
 to dismiss from their minds at once the miserable delusion 
 that the South can ever consent to enter again, vpon any terms, 
 the old Union. If the North will allow us to write the Con- 
 stitution ourselves, andgiveus every guarantee we wnnld ask, 
 we would sooner be under the Government of England or 
 France than under a Union with men who have shown that 
 
EECONSTRUCTION OF STATES. 
 
 131 
 
 they cannot keep good faiih, and are the moH barbarous and 
 inhuman, as well as treacherous of mankind. 
 
 If the reconstructioiiists want p<?acn, they can easily 
 have it upon the terms on which thoy could have always 
 had it — letting U3 alone. We ask neither more nor less. 
 We are making no war on them. Wo are not invadug 
 tlioir territory, nor giving their homes to the flames, their 
 populations to prison and the sword, their women to a Jlite 
 worse than death. Let us alone ! That is all wo ask. Let 
 ns alone, and peace will reliirn once more to bless a dis- 
 tracted land ! But do not expect lis to degrade ourselves and 
 cast duhonor tipon the graves of our kindred by ever retm-ii- 
 ivij to the einhracc of those ichejse hands are dripping with 
 tlic tears and blood of our people. 
 
 The Richmond Sentinel refers to the address 
 of the Democrats of New Hampshire declaring 
 that if the South will " come back into the 
 Union, the Democracy of the North will do all 
 in their power to gain for them (the Southern 
 Slates) such guarantees as will secure their 
 safety," and remarks that the proposition is 
 frank and courteous, but inadmissible. It 
 adds : 
 
 "They (the Democrats) are powerless to secire for us 
 those guarantees of which tli y admit the necessity. Less 
 than three years ago the States which now form the Con- 
 federacy, sought, in the spirit of conservatism and forbear- 
 ance, to avoid disrupliou, wiih on iniportuui'y that now 
 appears to us amazing. When we look bac.c at it now it 
 makes us tremble to think that we offered to take the 
 Crittenden compromise. Hut conciliation on our part was 
 met only by contumely and defiance by the Kepublican 
 majority. From that time the men who willfully deslioyed 
 the Union have been assailing iis with all the engi-ies of 
 deslruition. They have evinced towards us a malignity 
 which has seldom been paralleled in human history. 
 
 "Do the New llanipshiie Democrats suppose for one 
 moment that we could so much as think of reunion witli 
 such a people? Kather tell one to be wedded to a corpse! 
 Rather join hands with a fiend from the pit. Since that 
 time the only greeting of l^iud words which has come to 
 us from the North, the New Hampshire men have sent. 
 All, or nearly all beside, has been conflagration, sword, 
 demoniac denunciation, and brutal menace of destruction. 
 Wiieu those in the United States who are disposed to deal 
 fairly with us shall gain the rule, we may in time begin 
 to bury the many bitter memories which now add energy to 
 our rese:.tment, and may make with them treaties that 
 shall be mutually advantageous. Perhaps, hereafter, good 
 will may bo revived again. But Union — never let it be 
 mentioned ! It is impossible." 
 
 FROM ALEXANDER H. STEPHENS. 
 
 The Richmond Dispatch of July 23, gives a 
 sketch of Alex. II. Stkphkns's speech at Char- 
 lotte, N. C, on his way to Richmond, in which 
 after alluding to Lee's invasion of Maryland 
 and Pennsylvania, and the loss of Vicksburg, 
 and exhorting the people to give the govern- 
 ment a cordial support, he said : 
 
 As for reconstruction, such a thing was impossible — such 
 an idea nmst not be tolerated for an instant. Recons' ruc- 
 tion would nut end the war, but would produce a more hor- 
 rii'le war than that in which we a: e now engaged. The 
 only t rms on which wecan obtain permanent peace is final 
 and conqilete separation from the North. Rather than 
 submit to anything short of that, let us all resolve to die 
 li.ce men worthy of freedom. 
 
 FROM ROBERT TOOMBS. 
 
 W.\suixGT0N, Gx., August 17, 1S6-3. 
 Mt Dear Siit : Your letter of the loth instant, aski.ig my 
 authority to contradict the report that "I am in favor of 
 reconstruction," was received this evening. I can conceive 
 of no extremity to which my country could be reduced in 
 which I would for a single moment entertain any proposi- 
 tion for any union with the North on any terms whatever 
 When all else is lost, I prefer to uui'e with the thousands 
 of our own countrymen w!io have found honorable deaths, 
 if not graves, on the battle-field. Use this letter as you 
 please. 
 
 Very truly, your friend, &c. R. TOOMBS. 
 
 Dr. A. Bees, Americus, Ga. 
 
 Wm. S.mith, then recently elected Governor 
 of Virginia, made a speech in Richmond in Sep- 
 
 tember, published in the Richmond Examiner, 
 m -which he "denounced, in bitter terms as au 
 utter impossibility, any thought of reconstruc- 
 tion on any conditions." 
 
 THE QUESTION ABOUT NORTHERN " TONE AND 
 
 TEMPER." 
 
 [From the Richmond Sentinel, September 29.] 
 
 The House of Delegates yesterday, in the most summary 
 manner, disposed of a resolution forinquiri.ig into the tone 
 and temper of the people of the United States on the sub- 
 ject of peace, with a vieu- to respondin,:,', if favorable. The 
 House knew what eve. y body kut^ws — that such resolutions 
 are both i 11« and mi.schievous, for they will only be taken 
 by our enemies as evincing more or less readiness on our 
 part for reconstruction. The House, by a unanimous votP, 
 put its foot on the resolution, without a word of discussion 
 or a moment of delay. In this they but lairly represented 
 the manhnees and the unanimity of our people. 
 
 1864. 
 Gov. Zebulon B. Vance of North Carolina, 
 in his elaborate speech at Wilkesboro', used 
 this language: 
 
 BECONSTKnCTIOS. 
 
 It is a favorite idea with a great many, that possibly the 
 old order of things could be restored ; that our rigtts un- 
 der thatConstituiion could be guaranteed to us, and every- 
 thing move on peaceluily as before the war. My friends, 
 there are a great many desirable things; but the question, 
 not what m.iy be wisiieJ, but what may be obtained, ia the 
 one reasonable men may consider. It is desirable to have 
 a lovely wife a ;d plenty of pretty children : but every man 
 cm'tliavL' them. I tell you now, candidly, there is no 
 moro possibility of reconstructing the old Union and rein- 
 stating things as they weie four years ago, than t.\ists for 
 you to gather up tho scattered bones of your sons who 
 have fallen in this struggle, from one end of the country 
 to the other, re-clothe them with flesh, fill their veins wiiL 
 the blood the3' h.ive so generously shed, and their lungs 
 with the same breath with which they breathed out their 
 last prayer for their country's triumph and independence. 
 [Immense applause.] 
 
 The new rebel Governor of Louisiana, Henet 
 W. Allen, in his inaugural, says : 
 
 Peace is not so sweet as to be purchased at the cost of re- 
 construction. Rpcunstructioa means subjugaiion, ruin, 
 death. Lose negroes, lose lands, lose everything, lose 
 life itself, but never think of reconstruction. He says: 
 '■ I speak to-day by authority, I speak as the Governor of 
 Louisiana, and I wi.-h it known at \Vashini;to;i and else- 
 where that rather than reconstruct this liovernment and 
 go bac'.c to the Union, on any terms whatever, tho people 
 of L misiana will, in convention assembled, without a dis- 
 senting voice, cede the State to any European Power. 
 * * * I ppcak to-day not only for the loyal citizens 
 of Loui.:iina, who havo stood by her in all trials, but in 
 behalf of the misguiiled individuals who have been com- 
 pelled to take the oath of allegiance to the Federal Gov- 
 ernment. In their hearts they are true to us, and are 
 daily praying fi^r tho triumph of our arms. They have 
 felt the iroii in their souls, and know full well the i urseof 
 reconstruction I spenk by authority, for they write to 
 me daily that they would rather, by ' tea thousand limes, 
 be the subjects of the Emperor of France than tho slaves 
 of Lincoln.' " 
 
 The Richmond Dispatch, in March, discussed 
 President Lincoln's amnesty proclamation, 
 and adds : 
 
 No one, however, knows better than Abraham Lincoln 
 that any terms he might offiT the southern people which 
 contemplate their restoration to Uis bloody and brutal Gov- 
 ernment, would bo rejected with scorn and e.\ecration. If, 
 instead of devoting to death our Prcsidetit and military and 
 civil ojficcrs, he had proposed to make J''ff. Duris his succes- 
 sor, Lee Commander-in-Chief of t!ie Yankee armies, and our 
 dom'^slia instil ulions not only recognized at home hutreadbpted 
 iatlie free States, provided the South would once more enttf 
 the i'ankee Union, there is not a man, woman, or c/iild in the 
 Confederacy who would not spit upon the proposition. We 
 desire no companionship tiponany terms with a lu/i ion of rob- 
 bers and murdej-ers. The miscreants, whose atrocities in 
 this war have caused the whole civilized «-or!d to shudder, 
 must keep henceforth their distance. Th'-y i^hM tiot be 
 om- masters, and we would not have tlioiu Xol o^r slaves. 
 
RECONSTRUCTION OF STATES. 
 
 JOINT RESOLUTION OP THE REBEL LEGISLATURE 
 OF LOUISIANA. 
 B" it rcm7m7. (fc, That the l>nrI>nrons manner in which our 
 oi!(nii<-i have wapred war against us ileswves the exeoration 
 <>t';ill )]]i>ti,in\cl has confirnifid and strengthened usin flicde- 
 termiiiatioii to (ippose to the last extremity a re-union witli 
 them, and (hat (hn spirit of our people is unabated in the 
 resolution to resist every attempt at their subjugation. 
 
 18G4, August f)— Messrs. Benjamin F. Wadr 
 and IIrnry Winter Davis published in the New 
 York T'/v'iz/np a paper firrugriing President Lin- 
 coln lor his course on the Reconstructioa bill. 
 A few extracts are subjoined : 
 
 The President, by preventing tliis bill from becoming a 
 law, hdlds the electoral votes of the rebel .States at the dic- 
 tation of his personal ambition. If those votes turn the 
 balance in his favor, is it to be supposed tliat his competitor, 
 defeated by such means, will aciiuieso? If the rebel ma- 
 jority assert their supremacy in (hose States, and send 
 votes which elect an enemy of the Government, will we 
 not repel his claims? And is not (hat civil war for the 
 Presidency inaugurated by the Aotes of rebel States? 
 
 Seriously impressed with theie dangers, Congress, " tte 
 proper cmistitutirmal auf/inrif!/." formally declared that 
 there are no State governments in the rebel States, and 
 provided for their erection at a proper time; and both the 
 Senate and the House of Representatives rejected the 
 Senators and Representatives chosen under the authority 
 of what the President calls the free constitution and 
 government of Arkansas. The Presidcnfs proclama- 
 tion " //oW.'; /or naufiJif this judi-jment, and disiards tlio 
 authority of the Supreme Court, and strides lieadlong to- 
 ward the .anarchy his proclamation of tlie Sth of December 
 inaugurated. If electors for President be allowed to be 
 chosen in either of those States, a sinister light will be 
 cast on the motives which induced tlie President to "hold 
 for naoglit" the will of Congress rather tlian his govern 
 mentin bonisiana and Arkansas. That ind^ment nf Con- 
 gress which the President drlics was tlie excr< ise of an au- 
 thority exclusivelv vested in Congress iiy the Constitution 
 to determine what is the cstal>]ishcl ^oveniment in a 8tafe 
 and in its own nature and by llio highe-t judicial authority 
 binding on all other departments of the Ciovernment. * "* 
 A more studied outrage on the legislative authority of the 
 people h.as never been perpetrated. Congress passed abill ; 
 the President refused to approve it, and 'then by proclama- 
 tion puts as much of it in force as he sees fit, and proposes 
 to execute those parts by ofhcers unknown to th(^ laws of 
 the United States and not subject to the continuation of 
 the Senate! The bill directed the appointment of Provi- 
 sional Governors by and with tlie advice ami consent of the 
 Senate. The President, after defeating the law proposes 
 to appoint without law, and without the advice and consent 
 of the Senate, Military Governors for the rebel States ' He 
 has already exercised this dictatorial usurpation in Louisi- 
 ana, and he defeated the bill to prevent ils limitation. * * 
 The President has greatly presumed on the forliea'rance 
 which the supporters of his Administi-ilion have so long 
 practiced, in view of the arduous coiitliet. in which we are 
 engaged, and the rockless ferocity of our political oppo- 
 nents. But he must understand I liat our support is of a 
 cause and not of a man : that tlio authority of Congress is 
 paramonnt and mnst be respected : that tlu^ wliole body of 
 the Union men of Congress will not submit to be impeached 
 by him ,,f rash and uiiciistitnlional le-islati-n ; and if he 
 wisIk'S our support, be must , online himself to Ins execu- 
 tive .hities— to obey and eveente. not make il„. laws— to 
 suppress by arms armed rebellion, and leave jiolitieal reor- 
 ganization to Coiigr.'ss. If the .supporters of the Govern- 
 ment fail to insist on this, they become respoiisilde for the 
 usurpations which lliey fail to rebuke, and are justly liable 
 to the indignation of the peojile whose rights and security, 
 committed to their keeping, they .sacrifice. Let them con- 
 sider the remedy for these usuniations, and, luiving found 
 It, fearlessly execute it. 
 
 IOC. , AUOUTIO.N OF SLAVERY IM.0UISIANA. 
 
 1861, Jlay 11— The vote in Convention was— yeas 72. 
 nays l;i : .» . 
 
 y^-:^—}'^'-^''^^- M. R. Ariail, 0. W. Austin, John T. Bar- 
 rett, Raphael Beanvais, J. V. Uofill, Robert Bradshaw Bell, 
 Itobert W . Bennie, M. F. Bonzano. J. B. Bromley, Young 
 burke, l.milo Collin, J. K. Cook, Terence Cook, P. M. Ci<° 
 zat, 11, King Cutler, John L. Davies, James Duane, Joseph 
 Dupaty I . C. Edwards, W. R. Fish, G. II. Flagg, Edniolid 
 flood, .bdin loley, G. A. Fo.sdick, James Fuller, Gc^orgo 
 Geier, I>^ Goldman, Joseph Gorlinski, Jeremiah J. Ilealy, 
 P-.itnek Ilarnan, Edward Hart, John Ilemlei son, Jr., Alfred 
 C. IIills, William IL Hire, George Howes, P. A Kiir-ler 
 11. Maas, WilliaMi Davis Mann, 11. Millspangh, John p' 
 Moutamat, Robert Moiris, Edward Murphy, M. W Mur- 
 
 pliy, J. A. Newell, Lucien P. Normand, V. K. O'Conner. 
 Thom.-is Ong, Benjamin II. Orr, John Payne, J. T. Pain-, 
 Endaldo G. Pintado, O, IP. Poynot, John Purcell, Sam- 
 uel Pnrsell. J. B. Schroeder, Martin Schnuir, Jolm 
 Snllivan, Alfred Shaw, Cliarles Smith, John A, Spellicy. 
 WiXi.am Tompkins Stocker, John Stunipf, J. II. Stiie ,■, 
 0. W. Stauffor, Robert W. Tali.aferro, J. Randall Terrv, 'l'. 
 B. Thorpe, .lohn VV. Thomas, Ernest J Wenck, Thoma's M. 
 Wells, Joseph Hamilton Wilson, and E. H. Durell, Pveii- 
 dmt—Ti. 
 
 Nats— Messrs. Edmund Abell, John Buckley, Jr., Rei.j. 
 
 Cimpboll, Thomas J. Decker. Dufre.sne, of Iberville. 
 
 Rolicrt J. Dnko, Louis Gastinel,C. 11. L. Grunebeig, U, ,1, 
 Ib^aid, Xavier Manrer, John A. Mayer, A. Meudiverri, H. 
 W, Waters— 13. 
 
 A. Cazabat and James Ennis voted aye the next day, 
 having been absent when the vote was taken. 
 
 May 9 — iMr. Jo.SEPn II. Wilson moved to provide : " And 
 that loyal owners shall be compensated." 
 
 Jlr. GoLPMAN moved to lay the motion on the table; 
 which was agreed to — yeas 45, nays .30, as follows: 
 
 YEA.S — Messrs. Ariail, Austin, Bailey, Bonzano, Burke, 
 Collin, Cazabat, J, K. Cook, Cutler, Davies, Duane, Dupaty. 
 Edwards, James Ennis, Fish, Flagg, Flood, Foley, I'osdi.dt, 
 Goldnian, Gorlinski, Ilealy, Ilarnan, Hills, Hire, Howes, 
 Maas, Mann, Millspangh, E. Murphy, Newell, Nmmand, J. 
 Payne, Pintado, S. Pursill, Schroeder, Schnurr, Sh,aw, 
 Smith, Spellicy, Stauffer, Taliaferro, Terry, Thorpe, Wells 
 — if> 
 
 Nays— Messrs. Abell, B.-m-ett, Bell, Eofill, George F. 
 Brott, Buckley, T. Cook, Crozat, Dufresne, Duke, I'uller, 
 Gruneberg, Hart, Heard, Henderson, E, II. Knoblocli, 
 JIaurer, JIayer, Mendtverri, Montamat, M. W. Murphy, 
 O'Conner, Ong, W. II. Seymour, Stocker, Stumpf, Stiner, Sul- 
 livan, Waters, Wilson — 30. 
 
 ABOLITION OF SLAVERY IN ARKANSAS. 
 
 The Free State Convention met January n,lS64, and 
 adopted a Constitution, which was submitted to a vote of 
 the people, March 14th, 15th, and 16th, and received 12.177 
 votes, 220 being polled against it. 
 
 The Emancipation clause was adopted unanimously. 
 The following ntimed persons constitutfcd the Convention: 
 
 J.ihii ;\IcCo.y, President of Convention, Luther C. White, 
 C, A, Harper, John Austin, Josiali Ilarrell, Harmon L. 
 lloUemaii, John b.Smoot, Randolph D. Swind<dl, G. W. 
 Seamans, James T. Swafford, W. Holleman, John M. De- 
 mint, Enoch II. Vance, Miles L. Langly, J. M, Stapp, C. D. 
 Jordan, .lohn Burton, John C. Pridy, Reuben Lamb, E. 1). 
 Ayres, T. D. W. Yonley, E. L, Maynard, William Stout, 
 Burk Johnson, Elias Cook, L. D. Cantrell, Willis Jones, 
 James A. Butler, T. M. Jacks, Horace B. Allis, John Box, 
 Calvin C. Bliss, A. B. Fryre.ar, Lenuu 1 Helms. R. L. Turner, 
 Thomas J. Y'oung, James Huey, Andrew G. Evans, R. H. 
 Stanlield, William Cox, L. Diinscomb. 
 
 ABOLITION 01' SLAVJ;UY IN MISSOtJKI. 
 
 1865, January 11— The vote in Couvention was— yeas 
 59, nays 4, a.s follows : 
 
 Y'EAs- W.B. Adams. A. M.' Bedford, David Bonbam, Geo. 
 K. Bndd, Ilarvcy Bunce, Isador Bush, R. L. Childress, 
 Henry A. Clover, R. C. Cowden, Samuel T. Davis, .lohn U. 
 Davis, Isham B. Dodson,Wm, D. DOcnch, Charles D. Drake, 
 .lohn II, Ellis, John Esther, Ellis J. Evans, Cliaunccy I. 
 Filley, J. W. Fletcher, Win. II. Folmsbee, F. M. Fiilker- 
 son, John W, Gamble, Archibald Gilbert, Abner L.Gilstrap, 
 Moses P. Green, J. M. Crammer, David Ileuderson, E. A. 
 llolcoinb, John II. Iloldsworth, Wm. S Holland, B. F. 
 Hughes, Jos. F. Hume, Geo. llusmann, Wyllia King, K. 
 beonard, M.L.Linton,.!. F. McKernan. A. M. MePberson, 
 John A, Mack, A. II. Martin. Ferdinand Meyer, .l.imes 
 1', Mitch.dl, A. G. Newgent, A. P. Nixdorf, James W. (Iwens, 
 Dorastus Peck, J T. Rankin, Phillip Rohrer, Gustavus St. 
 Gemme, K. G. Smith, Eli Smith, Geo. P. Strong, James T. 
 Sutton, John R. Swearinger, (f. C. Thilenius, S. W. Wea- 
 therbv, J(!remiali Williams, Eugene Williams, Arnold Kre- 
 kel, i're.sK/fn;— £9. 
 
 Nay-s— S.imuel A. Gilbert, Thomas B. Harris, William 
 A. Miirtin. William F. Switzler— 4. 
 
 AuyENT- .\. J, Barr. Emmy S. Fo.ster, J. Roger. The 
 last naiiuid had not attended the Couvention up to the day 
 of voting. 
 
 ABOLITION OF SLAVERY IN TENNESSEE. 
 
 1865, January 10 — A convention of Unionists met in 
 Nashville, and adopted a series of propositions to be sub- 
 mitted to the people Febrn.ary 22d, the first of whi<h de- 
 3 the abolition of slavery. Over five hundred delegates 
 attended, representing nearly every county. March 4, n 
 Governor and Legisl.ature are to be chosen. William G. 
 Brownlow is the Convention's nominee for Governor. 
 
 The latest returns published comprise 8 counties in East 
 Tennessee, 21 in Middle, 1 in West, and 10 hosjiitals, regi- 
 ments. Ac, giving an aggregate of 21,104 lor. and 49 against 
 the Constitution. March 4, tlie Uniou Statu ticket wan 
 chosen. 
 
REMAINING PAPERS OF PRESIDENT LINCOLN. 
 
 EXPLANATORY OF GOVERNMENT PURCHASES IN 
 MAY, 18G1. 
 
 18G2, May 2D — The President sent this mes- 
 sag"* to Congress : 
 To the Senate and 
 
 House of Representatives : 
 
 The insurrection which is yet existing in the 
 United States, and aims at the overthrow of 
 the Federal Constitution and the Union, was 
 clandestinely prepared during the winter of 
 I860 and 1861, and assumed an open organiza- 
 tion in the form of a treasonable provisional 
 government at Montgomery, in Ahibama, on the 
 18th day of February, 1861. On the 12th day 
 of April, 1861, the insurgents committed the 
 flagrant act of civil war by the bombardment 
 and capture of Fort Sumter, which cut off the 
 hope of immediate conciliation. Immediately 
 afterwards all the roads and avenues to this 
 city were obstructed, and the capital was put 
 into tbe condition of a siege. The mails in 
 every direction were stopped, and the lines of 
 telegraph cut off by the insurgents, and military 
 and naval forces, which had been called out by 
 the Government for the defence of Washington, 
 were prevented from reaching the city by or- 
 ganized and combined treasonable resistance in 
 the State of Maryland. There was no adequate 
 and effective organization for the public de- 
 fence. Congress had indefinitely adjourned. 
 There was no time to convene them. It became 
 necessary for me to choose whether, using only 
 the existing means, agencies, and processes 
 which Con^rress had provided, I should let the 
 Government lall at once into ruin, or whether, 
 availing myself of the broader powers conferred 
 by the Constitution in cases of insurrection I 
 would make an effort to save it with all its 
 blessings for the present age and for posterity. 
 
 I thereupon summffhcd my constitutional ad- 
 visers, tbe heads of all the Departments, to meet 
 on Sunday, the 20th day of April, 1861, at the 
 office of the Navy Department, and then and 
 there, with their unanimous concurrence, I 
 directed that an armed revenue cutter should 
 proceed to sea, to afford protection to the com- 
 mercial marine, and especially the California 
 treasure ships then on their way to this coast. 
 
 * Called furth by the passage of a resolution, April 30, 
 in the House — yeas 79, nays 45 — censuring Sccietary Cam- 
 eron for a supposed responsibility for, aad countution with, 
 the circumstances detailed. 
 
 I also directed the commandant of the navy- 
 yard at Boston to purchase or charter, and arm 
 as quickly as possible, five steamships, for pur- 
 poses of public defence. I directed the com- 
 mandant of the navy-yard at I'hiladelphia to 
 purchase, or charter and arm, an equal number 
 for the same purpose. I directed the comman- 
 dant at New York to purchase, or charter and 
 arm, an eq;;al number. I directed Commander 
 Gillis to ])urchase, or charter and arm, and put 
 to sea two other vessels Similar directions 
 were given to Cotnmodore Dii Pont, with a view 
 to the opening of passages by water to and from 
 the capital. I directed the several officers to 
 take the advice and obtain the aid and efficient 
 ^ervices in the matter of his Excellency Edwiu 
 D. Morgm, the Governor of New York, or, in 
 his absence, George D. Morgan, Willinm M. 
 Evarts, K. M. Blatchford, and Moses H. Grin- 
 nell, who were, by my direction?, espr cially em- 
 powered by the Secretary of the Navy to act for 
 his Department in that cri-is, in matters per- 
 taining to the forwarding of troops and supplies 
 for the public defence. 
 
 On the same occasion I directed that Gover- 
 nor Morgan and Alexander Cummings, of the 
 city of New York, should be authorized by the 
 Secretary of War, Simon Cameron, to make all 
 necessary arrangements for the transportation 
 of troops and munitions of war, in aid and as- 
 sistance of the officers of the Army of the Uni- 
 ted States, until communication by miiils and 
 telegraph should be completely re-established 
 between the cities of Washington and New 
 York. No security was required to be given by 
 tbem, and either of them was authorized to act 
 in case of inability to consult wi>h the other. 
 
 On the same occasion I authorized and di- 
 rected the Secretary of the Treasury to advance, 
 without requiring security, two millions of 
 dollars of public money to John A. Dix, George 
 Opdyke, and Ftichard M. Blatchford, of New 
 Y'ork, to be used by them in meeting such re- 
 ! quisitions as should be directly consequent 
 upon the military and naval measures neces- 
 sary for the defence and support of the Govern- 
 ment, requiring them only to act without com- 
 pensation, and to report their transactions when 
 duly called upon. 
 I The several departments of the Government 
 at that time contained so large a number of 
 , disloyal persons that it would have been impos- 
 333 
 
6U 
 
 REMAINING PAPERS OF PRESIDENT LINCOLN. 
 
 Bible to provide safely, tlirongli official agents 
 only, for the performance of the duties thus 
 confided to citizens favorably known for tlieir 
 ability, loyalty, and patriotism. 
 
 The .several orders issued upon tbesc occur- 
 rences were transmitted by private messengers, 
 who pursued a circuitous way to the seaboard 
 cities, inland, across the States of Pennsylvania 
 and Ohio and the Northern Lakes. I believe 
 that hy these and other similar measures taken 
 in that crisis, some of which were without any 
 authority of law, the Government was saved 
 from overthrow. I am not aware that a dollar 
 of the public funds thus confided without au- 
 thority of law to unofficial persons was either 
 lost or wasted, although apprehensions of such 
 misdirection occurred to me as objections to 
 those extraordinary proceedings, and were ne- 
 cessarily overruled. 
 
 I recall these transactions now because my 
 attention has been directed to a resolution 
 which was passed bj' the House of Representa- 
 tives on the 30th day of last month, which is 
 in these words: 
 
 Rf solved. That Simon Cameron, lato Secretary ofWarjby 
 investing Alexander Cummings with tlie control of large 
 B\ims of the public money, ami authority to purchiise mili- 
 tary supplies withr-iwt restriction, without requiring from 
 him any guarantee for the faithful performance of his duties, 
 when the services of competent public officers were availa- 
 ble, and by involving the GovcrMment iu a vast number of 
 contracts with persons not legitimately cng.Tged in the busi- 
 ness pertaining to the subject-matter of such cqntracts, es- 
 pecially in the purchase of arms for future delivery, has 
 adopted a policy highly injurious to the public service, and 
 deserves the censure oi" tlie House. 
 
 Congress will see that I should be wanting 
 equally in candor and in justice if I should 
 leave the censure expressed in this resolution 
 to rest exclusively or chiefly upon Mr. Cameron. 
 The same sentiment is unanimously entertained 
 by the heads of Departments, who participated 
 in the proceedings which the House of Repre- 
 sentatives has censured. It is due to Mr. Cam- 
 eron to say that, although he fully approved 
 the proceedings, they were not moved nor sug- 
 gested by himself, and that not only the Presi- 
 dent but all the other heads of Departments 
 were at least equally responsible with liim for 
 whatever error, wrong, or fault was committed 
 in the premises. 
 
 ABRAHAM LINCOLN. 
 
 W.\SHiNGTON, May 26, 18G2. 
 
 THE president's EEMARKS AT A UNION MEET- 
 ING IN WASHINGTON, AUGUST 6, 1862. 
 
 Felt.ow-Citizens : I believe there is no precedent for my 
 appearing before you on this occasion, but it is also true 
 that there is no precedent for your being here yourselves, 
 and I offer, in justiiication of myself .and of you, that, upon 
 examination. I have found nothing in the Constitution 
 ag:iiust it. I, however, have an impression that there are 
 younger gentli'nien who will entertain you liettcr, and bettor 
 address your imderstanding than I will or could, and 
 the.-elore 1 propose but to detain you a moment longer. 
 
 I am very little inclined on any occasion to say anyUiing 
 unless I hope to produce some good by it. The only thing 
 I think of just now not likely to be better s.aid by some one 
 else, is a matter in which we liave heard some other pc r.sons 
 blamed for what I did myself. There has beenavery wide- 
 spread attempt to have a ciuarrel between Gen. McCl'llau 
 and th,- S.critary of War. Now, I occupy a position that 
 ena'.des lue to observe, that these two gentlemen are not 
 nearly so deep in the quarrel as some pi-rteiiding to be llieir 
 friends. General IMcClellau's attitude is such that, in the 
 verv selfishness of liis nature, he cannot but wish to be suc- 
 cessful, and I hope he will— and tlie Secretary of War is in 
 precisely the some situation. If the military commanders 
 
 in the field cannot be successfi 1, not only the Secretary of 
 War, but mysell, for the time Iieing the master of them both, 
 cannot but be failures. I know (leneral McClellan wishes 
 to be successful, and I know he does not wish it any moro 
 than the Secretary of War for him, and botli of them 
 tog;thor no more than I wsli it. Sometimes we have a 
 di.-ipute about how many men General BlcClellan has had, 
 and those who would disparage him say that ht has had a 
 very large inindjor, and those who would di^ parage the 
 Secretary of War insist that General McClellan has had a 
 very small number. The basis for this is, theie is always 
 a wide difference, and on this occasion, perhaps ii wider one 
 than usual, between the grand total on JlcClellan's rolls 
 and the men actually fit for duty ; and tho.se who would 
 disparage him talk of the grand total on paper, and thosft 
 who would disparage the Secretary of War talk of those at 
 present fit for duty. General McClellan has sometinioa 
 asked for things that the Secretary of War did not give him. 
 General McClellan is not to blame for asking for what he 
 wanted and needed, and the Secretary of War is not to , 
 blame for not giving when he had none to give. And I say ' 
 here, as far as I knciw, the Secretary of War has withheld 
 no one thing at any time in my power to give him. I have 
 no .accusation against hini. I believe he is a brave and 
 able man, and I stand here, as justice requires me to do, to 
 take upon myself what has been charged on the Secretary 
 of War, as withholding from him. 
 
 I have talked longer than I expected to do, and now I 
 avail myself of my privilege of saying no more. 
 
 The President's Letters on Politics. 
 
 TO HORACE GREELEY. 
 
 ExECUTrvE Mansion, 
 Washington, Friday, Aug. 22, 1862. 
 Hot HomcE Greeley : 
 
 Dear Sir: I have just read yours of the 19th instant, ad- 
 di-essed to myself through the New York Tribune. 
 
 If there be in it any statements or assumptions of fact 
 which I may know to be erroneous, I do not now and here 
 controvert them. 
 
 If there be any inferences which I m,ay believe to be 
 folsely drawn, I do not now and here argue iigainst them. 
 
 If there be perceptible in it an impatient and dictatorial 
 tone, I waive it in deference to an old friend whose he.art 
 I have always supposed to be right. 
 
 As to the policy I " seem to be pursuing," as you say, I 
 have not meant to leave any one in doubt. I would save 
 the Union. I would save it in the shortesf way under the 
 Constitution. 
 
 The sooner the national authority can bo restored, the 
 nearer the Union will be— the Union as it w.as. 
 
 If there be those who would not save the Union unless 
 they could at the same time save slavery, I do not agree 
 with them. 
 
 If there be those who would not save the Union unless 
 they could at the same time destroy slavery, I do not agiee 
 witii them. 
 
 Ml/ paramoimt nlject is to save the Union and not eitlier to 
 save or dcftroy slavery. 
 
 If I could save the Union without freeing any slave, I 
 would do it— and if I could save it by freeing all the slaves, 
 I would doit— and if I could save it by freeing some and 
 leaving others alone, I would also do that. 
 
 AVhat I do about slavery and the colored race, I do be- 
 cause I believe it helps to save the Union, and what I for- 
 bear, I forbear because I do not believe it would help to 
 save the Union. 
 
 I shall do less whenever I shall believe what I am doing 
 hurts the cause, and shall do more whenever I believe do- 
 ing more will help the cause. 
 
 i shall try to correct eiTors when shown to be errors, .ind 
 I shiiU adopt new views so fast as they shall appear to bo 
 true views. 
 
 I have hero stated my purpose according to my view of 
 official duty, and I intend no modification of my oft-expressed 
 personal wish that all men everywhere could be free. 
 
 Yours, A. LINCOLN. 
 
 THE PRESIDENT'.S RESPONSE TO A SERENADE. 
 
 July, 1SG3. 
 Ff.ilow-Citizf.ns : I am very gl d indeed to see yon to 
 night, and yet I will not say I think yon, for this call ; but 
 I do most sincerely thank Almighty God for the rcca-sion 
 on which you have called. How long ajo is it, — eiglityodti 
 years since on the Fourth of July, for the first time in the 
 hi.sfory of the world, a nation, liy its representatives, 8S- 
 sembled and declared as a self-evident truth, " that all men 
 are created equal." That wns the birthday of the United 
 States of America. Since then the Fourth of July has had 
 several very peculiar recognitions. The two men niostdis- 
 tinguithed in the framing and support of the Declaration 
 
REMAINING PAPERS OF PRESIDENT LINCOLN. 
 
 335 
 
 were Thomaa Jefferson and John Adams — the ono having 
 penned it, and tlie other sustiiucd it tlic morst forcilily in 
 del^atf — the only two of the iifiy-livo who eie;u(>d it. and 
 were elected Presidents of the Uniied States. Precisniy tl.ty 
 yearn after they put their hands to the paper, it pleased 
 Almighty God to take both from this stai^M of action. This 
 was indeed an extraordinary and lemarkable event in our 
 history. Another President, Ave years after, was called 
 from this stage of oxistence on tho s.ime day and month of 
 the year ; and now on this hist Fourth of July, just passed, 
 wiien we have a gigixntic robellibn, at the botti m of which 
 is an elTi-Tt to ovcrthr.w the principle that all men were 
 created equal, we have the surrender (■! a most poweriul 
 positi'in and army on that very day. And not only so, but 
 in a succession of battles iu Pennsylvaiia, near to us, 
 through three days, so rapiJly fought that they might be 
 called ono great battle, on the first, secoud, and third of the 
 month of July ; and on the tourth the cohorts of those who 
 opposed the Declaration that all men are created equal, 
 " turned tail " and run. [Long continued cheers.J Gentle- 
 men, this is a glorious theme, and the occasion for a spe 'ch, 
 but I am not pre ared to make one worthy of the occasion. 
 I would like to speak in terms of praise due to the many 
 brave ofncere and soldiers who have fought in the cause of 
 the Unioa and liberties of tlieir country from the beginning 
 of the war. These are trying occasions, not < nly in suc- 
 cess, but f r the want of success. I dislike to mention the 
 name of one single oflicer, lest I might do wrong ti> those I 
 might forget. Kecent events bring up glorious names, and 
 particularly prominent ones: but these I will not mention. 
 Having said this much, I wdl now take the music. 
 
 THE PRESIDENT S LETTER TO THE ILLINOIS CON- 
 VENTION 
 
 Executive Mansio^^, 
 WAsniNGTON, August '26, 1S63. 
 Hon. James C. Cojtkling : 
 
 My Dear Sir: Your letter inviting me to attend a mass 
 meeting of unconditional Union nun, to be held at the cap- 
 ital of Illinois, on the 3d day of September, has been re- 
 ceived. It would be very agreeable for methuRtomeet 
 my old friends at my own home : but I cannot ju^t now 
 be absent from here so long as a visit there would require. 
 
 The meeting is to be of all those who maint;un uncondi- 
 tional devotion to the Union ; and I am sure that my old 
 political Iriends will thank me for tendering, as I do, the 
 nation's gratitude to those other noble men whom no par- 
 tisan malice or partisan hope can make false to the nation's 
 life. 
 
 There are those who are dissatisfied with me. To such 
 I would say : you desire peace, and you blame me that we 
 do not have it. But how can we attain it i? There are but 
 three conceivable ways : First — to suppress the Rebellion 
 by force of arms. This I am trying to do. Are you for it? 
 If you are, so far we are a:;reed. If you are not for it, a 
 sgcoKd way is to give up the Union. I ;m against this. 
 Are you for it ? If you are, you should say so plainly. If 
 J on are pot for _/b?'ce, nor yet for dtisoZtttion, there only 
 remains some imaginable compromise. 
 
 I do not believe that any compromise embracing the 
 maintenance of the Union is now possiMe. All that I learn 
 leads to a directly opposite beiiei. The strength of the 
 Rebellion is its military, Its army. That army dominates 
 all the country, ai,d all the people within its range. Any 
 otter of terms made by any man or men within that range, 
 in opposition to that army, is simply nothing fortjiepres 
 ent ; because such man o.' men have no power whatever to 
 enforce their side of a compromise, if one were made with 
 them. 
 
 I'o illustrate : Suppose refugees from the South and peace 
 men of tho North get together in convention, and frame 
 and procliim a compromise -embracing a restoration of the 
 Union. In v.hat way can that compromise be used to keep 
 Let's army out of Pennsylvania? Meade's army can keep 
 Lee's army out ol Pennsylvania, and, I think, can ulti- 
 mately drive it out of existence. But no paper compro- 
 mise to which the controllers of Lee's army are not agreed 
 can at all aObct that army. In an efTort at such compromise 
 we would waste time, which the enemy would improve to 
 our disadvantage ; and that would be a!L 
 
 A compromise, to be efl'ctive, must be made either with 
 those who control the rebel army, or with the people, first 
 liberated from the domination ol that army by the success 
 of our own army. Now, allow mo to assure you that no 
 word or inlira.Uion from that rebel army, or from any of 
 the men controlling it, in relation til) any peace compromise, 
 has ever como to my knowledge or belief. All charges and 
 insinr.ati ns to the contrary are deceptive and groundless. 
 And I promise you that if any snch proposition shall hero- 
 after come, it shall not be rejected and kept a secret from 
 you. I freely aclcnowledgc myself to be the servant of the 
 
 people, according to tho bond of service, the United States 
 Constitution ; and that, as such, I am ri;spousiblet<j them. 
 
 But, to be plain . You are dissatisfied with me about tho 
 negro. Quito likely there is a difference of opinion between 
 you and myself upon that subject. I certainly WiSh that 
 all men could be free, while you, I suppose, do not. Yet, I 
 have neither adopted nor proposed any measure which is 
 not consistent with even your view, provided that you are 
 for the Union. I suggested compensated emancipation ; to 
 which you replied you wished not to be taxed to buy ne- 
 groes. B;it I had not asked you to be taxed to buy negroes, 
 except in such a way as to save you from greater taxation 
 to save the Union exclusively by other means. 
 
 Y"ou dislike the Emancipation Proclamation, and perhaps 
 would hive it retracted. You say it is unconstitutional. I 
 think difierently. I think tho Constitution invests its Com- 
 mauder-iu-Chief with (he law of war in time of war. The 
 most that can be said, if so much, is, that slaves are prop- 
 erty. Is there, has there ever been, any question that b/ 
 the law of war, properly, both of enemies and friends, may 
 bo taken when needed ? And is it not needed whenever it 
 helps us and hurts the enemy? Armies, tho world over, 
 destroy enemies' property when they cannot use it; and 
 even destroy their own to keep it from the enemy. Civil- 
 ized belligerents do all in their power to help themselves 
 or hurt the enemy, except a '"ew things regarded as bar- 
 barous or cruel. Among tho exceptions are the massacre 
 of vanquished foes and non-combatants, male and fe- 
 male. 
 
 Bat the Proclamation, as law, either is valid or is not 
 valid. If it is not valid it needs no retraction. If it is 
 valid it cannot be retracted, any more than the dead can be 
 brought to life. Some of you profess to think its retraction 
 would operate favorably for the Union . Why better after 
 tho retraction than before the issue ? There was more than 
 a year and a half of tri.al to suppress the rebellion before 
 the Prcc amation was issued, the last one hundred days of 
 which passed under an explicit notice that it was coming, 
 unless averted by those in revo't returning to their allegi- 
 ance. The war has certainly progressed as favorably for 
 us since the issue cf tho Proclamation as before. 
 
 I know as fully as one can know tho opinion of others 
 that some of the commanders of our armies in the field, 
 ■who h.ive given us our most important victories, beheve the 
 emancipation policy and tho use of colored troops constitute 
 the heaviest blows yet dealt to the rebellion, and that at 
 least one of those important successes could not have been 
 achieved when it was but for the aid of black soldiers. 
 
 Among the commanders who hold these views are some 
 who have never had an aflSnity with what is called " aboli- 
 tionism," or with " Republican party politics," but who hold 
 them purely as mihtai-y opinions. I submit their opinions 
 as entitled to some weight against the objections often 
 urged that emancipation and arming the blacks .ore unwise 
 as military measures, and were not adopted as such in good 
 faith. 
 
 You say that you will not fight to free negroes. Some of them 
 seem willing to fight for you ; but no matter. Fight you, 
 then, exclusively, to save the Union. I issued the procla- 
 mation on purpose to aid you in saving the Union. AVhen- 
 ever you shall have conquered all rcsistiince to the Union, 
 if I shall urge you to continue fighting, it will be an apt 
 time then for you to declare you will not fight to free ne- 
 groes. I thought that in your struggle for the Union, to 
 whatever extent the negroes should cease helping the en- 
 emy, to that extent it weakened the enemy in his resistance 
 to you. Do you think chfferently ? I thought whatever 
 negroes can be got to do as soldiers, leaves just so much 
 less for white soldiers to do in saving the Union. Does it 
 appear otherwise to you ? But negroes, like other people, 
 act upon motives. AVhy should they do anything for us if 
 we will do nothing for them ? If they stake their lives for 
 us they must be prompted by the strongest motives, even 
 the promise of freedom. And the promise, being made, 
 mtist be kept. 
 
 The signs look better. The Father of Waters ag.ain goes 
 un vexed to the sea. Thanks to the great Northwest for it ; 
 nor yet wholly to them. Three hundred miles up they met 
 New England, Empire, Keystone, and Jersey, hewing their 
 way right and loft. The sunny South, too, in more colors 
 than one, also lent a helping hand. On the spot, their i)art 
 of the history was jotted down in black and white. The 
 iob was a great national ono, and let none bo slighted who 
 "bore an Iionorable part in it. And while those who have 
 cleared the great river may well be proud, even that is not 
 all. It is hard to say that anything h.as been more bravely 
 and well done than at Antiet;un, Murfreesboro, Gettysburg, 
 and on many fields of less note. Nor must Undo Sam's 
 web feet be forgotten. At all tho watery margins they 
 have been present, not only on tho deep sea,th(! broad bay, 
 and the rapid river, but also up the narrow, muddy bayou, 
 and wherever the ground was a little diunp they have been 
 and made their tracks. Thanks to all. For the great Re- 
 
336 
 
 REMAINING PAPERS OF PRESIDENT LINCOLN. 
 
 public — for the principle it lives by and keeps alive — for 
 niiin'B vajst future — thiinks to all. 
 
 Peace iloos not appear so distant as it did. I hope it will 
 come soon and come to stay ; and so come as to bo worth 
 tlie keeping in all future time. It will then have been 
 proved that anionsi freemen there can be no successful np- 
 peal from the ballot to the bullet, and that they who take 
 such appeal are sure to lose their case and pay the cost. 
 And there will be some black men who can remember that 
 with silent tongue, and clinched teeth, and steady eye, and 
 well-poised bayonet, they have heljjed mankind on to this 
 great consummation, wldle I fear there will be some white 
 ones unable to forget that with malignant heart and deceit- 
 ful speech they have striven to hinder it. 
 
 Still, let us not be over-sanguine of a speedy, final tri- 
 umph. Let us be quite sober. Let u.s diligently apply the 
 means, never doubling that a just God, in his own good 
 time, will give us the rightful result. 
 
 Yours, very truly, A. LINCOLN. 
 
 THE PEESIDENT's LETTER TO THE NORTH AMERICAN 
 REVIEW. 
 
 Executive Mansion, 
 Washington, January 16, 1864. 
 Messrs. Crosby & Nichols : 
 
 Gentlemen : The number for this month and year of the 
 North American Review was duly received, and for which 
 please accept my thanks. Of course, I am not the most 
 impartial judge, yet, with due allowance for this, I venture 
 to hope that the article entitled "The President's Policy," 
 will be of value to the country. I fear I am not quite 
 worthy of all which is therein kindly said of me personally. 
 
 The sentence of twelve lines, commencing at the top of 
 page 252, 1 could wish to be not exactly as it is. In what 
 is there expressed the writer has not correctly understood 
 me. I have never had a theory that secession could absolve 
 States or people from their obligations. Precisely the con- 
 trary is asserted in the inaugural address ; and it was be- 
 cause of my belief in the continuation of these obligations 
 that I was puzzled, for a time, as to denying the legal rights 
 of those citizens who remained individually innocent of 
 treason or rebellion. But I mean no more now than to 
 merely call attention to this point. 
 
 Yours respectfully, A. LINCOLN. 
 
 The sentence in the January number, refered 
 to by Mr. Lincoln, is as follows : 
 
 Even so long ago as when Mr. Lincoln, not yet convinced 
 of the danger and magnitude of the crisis, was endeavoring 
 to persuade himself of Union majorities at the South, and 
 to carry ou a war that was half peace in hope of a po.ace that 
 would "have been all war, while he wiis still enforcing the 
 fugitive slave law, under some theory that secession, how- 
 ever it might absolve States from their obligations, could 
 not escheat them of their claims under the Constitution, 
 and that slaveholders in rebellion had alone, among mor- 
 t;>ls, the privilege of having their cake and eating it at the 
 same time — the enemies of free government were striving 
 to persuade the people that the war was an abolition cru- 
 sade. To rebel without reason was proclaimed as one of 
 the rights of man, while it was carefully kept out of sight 
 that to suppress rebellion is the first duty of the Govern- 
 ment. 
 
 To this the editors of the Review append a 
 note, as follows: 
 
 Nothing could have been further from the intention of 
 the editors than to misrepresent the opinions of the Presi- 
 dent. They merely meant that, in their judgment, the 
 policy of the administration wr^a at first such iis practically 
 to concede to any rebel who might choose to profess loyalty, 
 rights under the Constitution whose corresponding obliga- 
 tions he repudiated. 
 
 THE president's LETTER TO COLONEL HODGES OF 
 KENTUCKY. 
 
 EsECCTivE Mansion. 
 WAsniNGiON, April 4, 1864. 
 A. G. Hr'DOES, Esq., Franl-fort, Ky : 
 
 Mv Dear Sir: You ask mo to put in writing the sub- 
 stance of what I verbally said the other day, in your pres- 
 ence, to Governor Bramlette and Senator Dixon. It was 
 about as follows : 
 
 " I am naturally anti-slavery. If slavery is not wrong, 
 nothing is wrong. I cannot remember when I did n!it so 
 think and feel, and yet I have never understood that the 
 Presidency conferred upon me an unrestricted right to act 
 officially upon this judgment and feeling. It was in the 
 oath I took that I would to the best of my ability preserve, 
 protect, and defend tht Constilutiou of the United States. 
 
 I could not talvB the office without taking the oath. Nor 
 was it my view that I mixht take an oatli to get power, and 
 break the oitli in using the jiower. I understocjd, too, that 
 in oidinary an 1 civil iidmini^tr.i'ion this oath cvtn forbade 
 me to practically indulg • my prim-ry abstract juagment on 
 the moral question of slavery. I had publicly decl.ired this 
 many times, and in many ways And I aver that, to this 
 day, I have done no official act in mere deferencs to my ab- 
 stract judgment and feeling on slavery I did understand, 
 however, that my oath to preserve the Constitution to the 
 best of my ability, imposed upon me the duty of preserv- 
 ing, bj' every indispensable iiuans, that Government — that 
 nation, of which that Constitution was the organic law. 
 Was it possib'e to lose tne nation and yet preserve the Con- 
 tution ? By general law, life and limb must be protected; 
 yet often a limb must bo amputated to save a life ; but a 
 life is never wisely given to save a limb. I felt that meas- 
 ures, otherwise unconstitutional, mi.;ht becume lawful, by 
 becoming indispen.sable to the pieservation of the Constitu- 
 tion, through the preservation of the nation. Idght or 
 wrong, I as^umed this ground, and now avow it. I could 
 not feel that, to the best of my .ability I had even tried to 
 preserve the Constitution, if, to save slavery, or any minor 
 matter, I should permitthe wreck ofGove nment, country, 
 and Constitulio:i, altogether. When e.arly in the war. Gen- 
 eral Fremont attempted military emanc patlon, I forbade 
 it, because I did not the i think it an indispensable neces- 
 sity. When a little later, General Cameron, then Secretary 
 of War, suggested the arming of the blacks, I object;>d, be- 
 cause I did not yet think it an indispensable neces.sity. 
 When, still later,(<eneral Hunter attempted military eman- 
 cijiation, I again forb:de it, because I did not yet think the 
 indispensable necessity had come. When in March and 
 May, and .July, 1S62, 1 made earnest and successive appeals 
 to the border States to favor compensated emancipation,! 
 believed the indispensable necessity for military emancipa- 
 tion and arming the bl.acks would come, unless averted by 
 that measure. They declined the proposition, and I was, in 
 my best judgment, driven to the alternative of either Bur- 
 reudering the Union, and with it, the Constitution, or of 
 laying strong hand upon the colored element. I chose the 
 latter. In choosing it, I hop d fir greater gain than loss, 
 butotthisi was not entirely contident Jlore than a year of 
 tiial now shows no loss by it in our foreign relations, none 
 in our home popular sentiment, none in our white military 
 force, no loss by it any how, or anywhere. On the contrary, 
 it shows a gain of quite a hundred and thirly thousand sol- 
 diers, seamen , and laborers. These are palpable facts, abcnt 
 whi.h, as facts, there can be no cavilling. We have the 
 men ; and wo could not have haJ them without the meiia- 
 ure. 
 
 "And now let any Union man who complains of this 
 measure, test himself by writing down in one line, that ho 
 is for subdui g the rebellion by force rf arms; and in the 
 next, that ho is for ta\ing three huudred .and thirty thou- 
 sand men from the Union side, and placing them where 
 they would be best fir the measure ho condemns. If he 
 cannot face his case so stated, it is only because he cannot 
 face the truth." 
 
 I add a word which was not in the verbal conversation. 
 In telling this tale. I attempt no compliment to my own 
 sagacity. I claim not to have controlled events, but confers 
 pl.ainly that events have controlled me. Now at the end of 
 three years' strug,;le. the nation's condition is nut what 
 either parly, or a ly man devised, or e.Kpected. God alone 
 c.in claim it. Whither it is ten ling seems plain. If God 
 now wills the removal of a great wrong, and wills also that 
 we of the North, as well as you of the South, shall pay fairly 
 fur our complicity iu that wrong, impartial history will find 
 therein new causes to attest and revere the justice and 
 gooaness of God. Yours, truly, 
 
 A. LINCOLN. 
 
 TO A NEW YORK MEETING. 
 
 Executive Mansion, 
 Wasuinc.ton, June 3, 1864. 
 Hon. F. A. CoNKLiNO, and othei-s : 
 
 Gentlemen: Your letter, inviting me to be present at a 
 mivss meeting of loyal citizens to be held at New York, on 
 the 4th inst,, for the purpose of expressing gratitude to 
 Lieutenant General Grant for his sign.al services, was re- 
 ceived yesterday. It is impossible for me to attend. I ap- 
 prove, nevertheless, whatever may tend to strengthen and 
 sustain General Grant and the noble armies now under his 
 direction. 
 
 My previous high estimate of General Grant has been 
 maintained and heightened by what h:i3 occurred in the 
 remarkable campaign he is now conducting. While the 
 magnitude and diflirulty of the task before him do not 
 prove less tlrm I expected, he and his br.ive soldiers are 
 now ia the midst of their great trial, and I trust at your 
 
REMAINING PAPERS OF PRESIDENT LINCOLN. 
 
 337 
 
 meeting jou will so shape your good words that thoy nxay 
 turn to men and guns, moxing to his and their support. 
 Yours, truly, A. LINCOLN. 
 
 SPEECH OF MR. LINCOLN AT THE PHILADELPIHA 
 FAIR, JGNE IG, ISG-i. 
 
 I suppose that this toast was intended to open the way 
 for me to say something. 
 
 War, at the best, is terrible, and this war of ours, in its 
 magnitude and in its d-aration, is one of tlic most terrible. 
 It has deranged bu^iness, totally in many localities, and 
 partially in all localities. It has destroyed property and 
 ruined homos ; it has produced a national debt and taxation 
 unprecedented, at least in this country; it hiis carried 
 mourning to almost every home, until it can almost be said 
 that the " heavens arc hung in black." 
 
 Yet the war continues, and several relieving coincidents 
 have accompanied it from the very beginning which have 
 not been known, as I understand, or have any knowledge 
 of, in any former wars in the history of the world. The 
 Sanitary Comnrission, with all its benevolent labors ; the 
 Christian Commission, with all its Christian and benevolent 
 labors ; and the various places, arrangements, so to speak, 
 and institutions, have contributed to the comfort and relief 
 of the soldiers. You have two of these places in this city — 
 the Cooper Shop and Union Volunteer Kefreshmont Saloons. 
 And, lastly, these Fairs, which, I believe, began only in last 
 August, if I mistake not, in Chicago, then at Boston, at 
 Cincinnati, Brooklyn, New York, at Baltimore, and those at 
 present held at St. Louis, Pittsburgh, and Philadelpliia. 
 The motive and object that lie at the bottom of all these 
 are most worthy ; for, say what you will, after all, the most 
 is due to the soldier, who takes his life in his hands and 
 goes to tight the battles of his country. In what is con- 
 tributed to his comfort when ho passes to and fro, and in 
 what is contributed to him when he is sick and wounded, 
 in whatever shape it comes, whether from the fair and 
 tender hand of woman, or from any other source, it is 
 much, very much. But I think that there is still that 
 which is of as much value to him in the continual re- 
 minders he sees in the newspapers that wliile he is absent 
 he is yet remembered by the loved ones at home. Another 
 view of these various institutions, if I may so call them, is 
 worthy of consideration, I think. They are voluntary con- 
 tributions, given zealously and earnestly, on top of all the 
 disturbances of business, of aU the disorders, of all the 
 
 taxation, and of all the burdens that the war has imposed 
 upon us, gi\-ing proof that the national resources are not at 
 all exhausted, and that the national spirit of patriotism ia 
 even firmer and stronger than at the commencement of the 
 war. 
 
 It is a pertinent question, often asked in the mind pri- 
 vately, and from one to the other, when is the war to end ? 
 Surely I feel as deep an interest in this question aa any 
 other can, but I do not wish to name a day, a month, or a 
 year when it is to end. I do not wish to run any risk of 
 seeing the time come, without our being ready for the end, 
 for fear of disappointment, because the time had come and 
 not the end. We accepted this war for an object, a worthy 
 object, and the war will end when that object is attained. 
 Under God, I hope it never will end until that time. Speak- 
 ing of the present campaign, General Grant is reported to 
 have said, I am going through on this line if it take^ all 
 summer. This war has taken three years; it was begun or 
 accepted upon the lino of restoring the national authority 
 over the whole national domain, and for the American peo- 
 ple, as far as my knowledge enables me to speak, I say we 
 are going through on this line if it takes three years more. 
 
 My friends, I did not know but that I might be called 
 upon to say a few words before I got away from here, but 
 I did not know it was coming just here. I have never been 
 in the habit of making predictions in regard to the war, but 
 I am almost tempted to make one. If I were to hazard it, 
 it is this : That Grant is this evening, with General Meade 
 and General Hancock, and the brave officers and soldiers 
 •with him, in a position from whence he will never be dis- 
 lodged until Richmond is taken, and I have but one single 
 proposition to put now, and, perhaps, I can best put it in the 
 form of an interrogative. If I shall discover that General 
 Grant and the noble officers and men under him can be 
 greatly facilitated in their work by a sudden pouring for- 
 ward of men and assistance, will you give them to me? 
 Are you ready to march ? [Cries of "yes."] Then, I say, 
 stand ready, for I am watching for the chance. I thank 
 you, gentlemen. [Laughter and cheers.] 
 
 This speech was repeatedly interrupted by 
 applause, and at its close three cheers were 
 given for the army of the Potomac, and suc- 
 cessive cheers for Grant and Meade and Han- 
 cock, and their brave soldiers. In the mean 
 time the President retired from the room. 
 
 22 
 
OUR FOREIGN RELATIONS, 
 
 , The Trent Affair. 
 
 secretary seward to mr. adams. 
 November 30, 1861. 
 
 * * * Since that conversation was held Captain 
 "Wilkes, in the steamer San Jacinto, has boixrded a British 
 colonial steamer and taken from her deck two insurgents 
 who were proceeding to Europe on an errand of treason 
 against their own country. This is a new incident, un- 
 known to and unforeseen, at least in its circumstances, by 
 Lord Palmerston. It is to be met and disposed of by the 
 two Governments, if possible, in the spiii' to which I have 
 adverted. Lord Lyons has prudently refrained from open- 
 ing the subject to me, as, I presume, waiting instructions 
 from home. We have done nothing on the subject to anti- 
 cipate the discussion, and we have not furnished you with 
 any explanations. Wo adhere to that course no-w", because 
 we think it more prudent that the ground taken by the 
 British Government should be first made known to us here, 
 and that the discussion, if there must be one, shall be had 
 here. It is proper, however, that you should know one 
 fact in the case, without indicating that we attach much 
 importance to it, namely, th.at, in the capture of Messrs. 
 Mason and Slidell on Ijoai-d a British vessel. Captain Wilkes 
 h;ivin;;actud without any instructions from the Government, 
 the suli.icct is therefore free from the emb.irr.Tssment which 
 miglit liave resulted if the act had been specially directed 
 by U.S. 
 
 I trust that the British Government will consider the 
 subject in a fi-iendly temper, and it may expect the best dis- 
 position on the part of this Government 
 
 EARL RUSSELL TO LORD LYONS. 
 NOVE.MBER 30, 1861. 
 
 My Lord : Intelligence of a very grave nature has reached 
 her Majesty's Government. 
 
 This intelMgence was conveyed oflficially to the knowledge 
 of the Admiralty by Commander Williams, agent for mails 
 on board tlie contract steamer Trent. 
 
 It appears from the letter of Commander Williams, dated 
 "Koyal Mail Contract Packet Trent, at sea, November 9," 
 that the Trent left Havana on the 7th instant, with lier 
 Majesty's mails for England, having on board numerous 
 pa.ssengers. Commander Williams states that shortly after 
 noon, on the 8th, a steamer having the appearance of a 
 man-of-war. but not showing colors, was observed ahead. 
 On nearing hor, at 1.15 p. m., she fired a roimd shot from 
 her pivot-i,'un across the bows of the Trent and showed 
 American c-..lors. Wliile the Trent was approaching her 
 slowly, tlie American vessel discharged a shell across the 
 bows'of the Trent, exploding half a cable's length ahead of : 
 her. The Trent then stopped, and an officer with a large 
 armed gviard of marines boai-dcd her. The officer demanded 
 a list of the passengers ; and, compliance with this demand I 
 being refused, the officer said he had orders to arrest Messrs. j 
 Bla.wn, Sliilell, McFarland, and Eustis, and that ho had sure i 
 iui'orniation of their being passengers in the Trent. While 
 some jKirley was going on upon this matter, Mr. SlidcU 
 stepped forward and told the American officor that the four i 
 persons he had named were then standing before him. The 
 commander of t he Trent and Conmiander Williams protested 
 against the act of taking liy force out of the Trent these | 
 four i)a.ssengers, then under the protection of the British ' 
 flag. But the San Jacinto was at that time only two hun- ! 
 drcd yards from the Trent, her ship's company at quarters, ] 
 her ports open, and tompions out. Resistance was there- ' 
 fore out of the question, and the four gentlemen before ' 
 named were Ibrcibly taken out of the ship. A fmther de- 
 
 mand was made that the commander of the Trent should 
 proceed on board the San Jacinto, l)ut he said he would not 
 go unless forcibly compelled likewise, and this demand wa« 
 not insisted upon. 
 
 It thus appeals that certain individuals have been forcibly 
 taken from on board a British vessel, the ship of a neutral 
 Power, while such vessel was pursuing a lawful and innocent 
 voyage — an act of violence which was an afi'ront to the 
 British flag and a violation of international law. 
 
 Her Blajesty's Government, bearing in mind the friendly 
 relations which have long subsisted between Great Britain 
 and the United States, are willing to believe that the Lnited. 
 States naval officer who committed the aggression was not 
 acting in compliance with any authority from his Govern- 
 ment, or that if he conceived himself to be so .authorized he 
 greatly misunderstood the insti-uctions which he had re- 
 ceived. For the Government of the United States must be 
 fully aware that the British Government could not allow 
 such an affront to the national honor to pass without full 
 reparation, and her Majesty's Government am unwilling to 
 believe that it could be the deliberate intention of the Gov- 
 ernment of the United Stiites unnecessarily to force into 
 discussion between the two Governments a question of so 
 grave a character, and with regard to which the whole 
 British nation would be sure to entertain such unanimity ol 
 feeling. 
 
 Her Majesty's Government, therefore, trust that when 
 this matter shall have been brought under the consideration 
 of the Government of the United States that Government 
 will, of its own accord, ofter to the British Government such 
 redress as alone could satisfy the British nation, namely, 
 the liberation of the four gentlemen and their deUvfry to 
 your lordship, in order that they may again be placed under 
 British protection, and a suitable apology for the aggression 
 which has been committed. 
 
 Should these terms not be offered by 3Ir. Seward, you will 
 propose them to him. 
 
 You are at liberty to read this dispatch to the -Secretary 
 of State, and, if he shall desire it, you will give him a copy 
 of it. 
 
 SECRETARY SEWARD TO LORD LYONS. 
 December 26, 1861. 
 
 Mt Lord : Earl Russeirs despatch of November the 30th, 
 a copy of which you h;ive left with me at my request, is of 
 the following effect, namely: 
 
 That a letter of Coniniinider Williams, dated Royal Miiil 
 Contract Packfd-T^t '!':■ Tit. ;it sea, November 9lh, states 
 that that vessel I r i! • ■! the 7th of Novemlier, with 
 
 her Majesty's in:: , : i ' :iiil, h.aving on board nuiuerous 
 passengers. Sli-u:! :.:: i i: .n.r.n the Plh of Xov^-nlicr, 
 the United States war it:>:iiji"r S:ji .■, . in' >. i',:]-:. r :;ik. s, 
 not showing colors, w.a.s observ 1 1 ' . n 
 
 being neared by the Trent, at 1 111 :i : ; in 
 
 the afternoon, fired a roimd fli'i i' ; i :i i . t i m ;ii-s 
 her bows, and showed Americ;iu color-^. \\ Inle ilir Trent 
 w.as approaching slowly towards the S.;n .Taeintci, slie di.^- 
 charged a shell across the Trent's bows, wliicli expliiU d at 
 half a cable's length before her. Tlie Trent llieii stO'iiiit d, 
 and an officer with a large armed ;;u;iiil c4 iii:niiie> lH,::i,;r(i 
 her. The officer s;ud he had orders t.i :;i re t 3b :--r-. 'I -' ,;. 
 Slidell, McFarland, and Eustis. -jitd luid mi;- in: i:.:.1 n 
 that they were passeiiiT-ei-sin the Trent. W hil ,~<ii!i' 1 :ii ky 
 
 was going on llp H ll::- l ; ;l :. l-. >!;■. ^li,l.■ll -|e|,;i,-.l . . \> , 1(1 
 
 and said to tlie A:- : ;: ■■ : . llr t Ih ■ enn- i- i ■;! !io 
 
 had named were ,,:..,:,. l. ..eliiin. 'i'he eeinm.. I'.er <.f 
 the Trent and Couiia....u>i u.iU.mi.i inu!e..,tea u^.:.;;. t ilie 
 act of talcing tho.so lour jiiisseiigers out of the Trent, liiev 
 thea being under the protection of the British flag. But 
 
OUR FOREIGN RELATIONS. 
 
 339 
 
 the San Jacinto M-as at this time only two hundred 
 yards distant, her eliip"s company at quarters, hor ports 
 open and tomj ions out, and so resistance was out of the 
 question. The four persons before named wore thi<n forcibly 
 tulien out of the ship. A fiu-thor d-mand was mad" that 
 the commander of the Tj-eut should proceed on board the 
 San Jacinto, but he said lu' wc uKl in.t ^o unless lorciblj' 
 compelled likeuise, and tl;i- 'i.i:,.,!;il v.. - i- i r. i iril upon. 
 
 Upon this Pti.tenuiit i; ;1 i . I i ■. i..,,titihus 
 
 appears that t'Tt. in iii'li-. ; -.i: , i!>ly taken 
 
 from on board u tritisli vi.--. 1. i . ._ :. ; • i .i i ,,i ral power, 
 while that vessel was purjuiiig a luwiul ;.iid innocent 
 voyage — an act of violence which was an affront to the 
 British flag and a violation of iriteniational law. 
 
 Earl Kussell next s^vv-^ t;:nt li. r :\r:;i.-^tvM;..vprnment, 
 bearing in mind to" ii" i^ly rJ.iti.Mi- wh;. h li;.vo long 
 subsisted betwe--u I u r i , ; ,, i ,, I in, i Mites, are 
 
 willing to believe ih. i ;;. i,,, ,,1 .... i \ , n.hiiitfd this 
 
 aggression Wiis not i.tiui.u iiie>.iuiiK..uLe uiih any authority 
 from his Government, or that, if he conceived himself to be 
 so authorized, he greatly misunderstood the instructions 
 which he had received. 
 
 Earl Russell argues that the United States must be fully 
 awaie that the British Government could not allow such 
 an affront to the national honor to pass without full repara- 
 tion, and till y are willing to believe that it could not be 
 til" (J 1 11 i; ti ntion of the Government of the United 
 Sill ily to force into discussion between the 
 
 t« - a question of so grave a character, and 
 
 with 1. - ii.l I • whirh the whole British nation would be 
 sure to entertain such unanimity of feeling. 
 
 Earl Russell, resting upon the statemeut and the argu- 
 ment which I have thus reel cd, closes with saying that her 
 Majesty's government trust that when this matter shall 
 have been brought under the consideration of the Govern- 
 ment of the United States, it will, of its own accord, off r 
 to the British Government such redress as alone could sat- 
 isfy the British nation, namely, the liberation of the four 
 piisouer's taken from the Trent, and their delivery to your 
 lordship, in order that they may again be placed under 
 British protortion, and a suitable apology for the aggres- 
 sion which has been committed. Karl Russell hnady in- 
 structs you to propose those terms to me, if I should nui 
 first oflVr them on the part of the Government. 
 
 This d s >atch has been submitted to the Pnsident. 
 
 The British government has rightly conjectured, what it 
 is now my duty to state, that Captain Wilkes, in conceiv- 
 ing and executing the proceeding in question, acted upon 
 his own suggestions of duty, without any direction or in- 
 struction, or even foreknowledge of it, on the part of this 
 Government. No directions had been given to him, or any 
 other naval officer, to arrest the four persons named, or 
 any of them, on the Trent or any other British vessel, or 
 on any other neutral vessel, at the place where it occurred 
 or elsewhere. The British government will justly infer 
 from these fiicts that the United States not only have had 
 no purpose, but even no thought, of forcing into discussion 
 the question which has arisen, or any other which could 
 affect in any way the sensibilities of the British nation. 
 
 It is true that a round shot was fired by the San Jacinto 
 from her pivot-gun when the Trent was distantly approach- 
 ing. But, as tlie tacts have been reported to this govern- 
 ment, the shot was nevertheless intentionally fired in a 
 direction so obviously divergent from the course of the 
 Trent as to be quite as harmless as a blank shot, while it 
 should be regarded as a signal. 
 
 So also we learn that the Trent was not approaching the 
 San Jacinto slowly when the shell was filed across her 
 bows, but, on the contrary, the Trent was, or seemed to be, 
 moving under a full head of steam, as if with a purpose to 
 pass the San Jacinto. 
 
 Wo are informed also that the boarding officer, (Licuteu- 
 cj". Fairfax,) did not board the Trent with a large armed 
 guard, but ho left his marines in his boat when hj entered 
 tjo Trent. He stated his instructions from C^tiun Wilkes 
 to search for the four persons named. In a respectful and 
 courteous, though decided manner, and he asked the cap- 
 tain of the Trent to show his passenger list, which w-as re- 
 f ised. The lieutenant, as we are informed, did not employ 
 absolute force in transferring the passengers, but he used 
 just so much as was necessary to satisfy the pai ties con- 
 cerned that refusal or resistance would be unavailing. 
 
 So, also, wo are informed that the captain of the Trent 
 was not at any time or in any way required to go on board 
 the San Jacinto. 
 
 These modifications of the case, as presented by Com- 
 mander Williams, are based upon our ofBcial reports. 
 
 I have now to remind your lordship of some facts which 
 doubtlessly were omitted by Earl Russell, with the very 
 1 roper and becomingmotivi^ of allowing them to be brought 
 into the case, on the part of the United tlate-, in the way 
 most satisfactory to this Government. These facts are, 
 that at the time the transaclion oc urred an insurrection 
 was existing in the United States which this Government 
 
 was engaged in suppressing by the employment of land 
 and naval forces ; that in regard to this domestic strife the 
 United States considered Great Britain as a friendly power, 
 while she had assumed for herself the attitude of a neu- 
 tral ; and that Spain was considered in the same light, and 
 had assumed the same attitude as Great Britain. 
 
 It had been settled by correspondence that the United 
 States and Great Britain mutually recognized as applicable 
 to this local strife these two articl-s of the declaration 
 made by the Congress of Paris in 1856, namely, that the 
 neutral or friendly flag should cover enemy's goods not 
 contraband of war, and that neutral goods not contraband 
 of war are not liable to capture under an enemy's flag. 
 These exceptions of contraband from favor were anegatlve 
 acceptaLceby the parties of the rule hitherto everywhere 
 recognized as a part of the law of nations, that whatever 
 is contraband is liable to capture and confiscation in all 
 cases. 
 
 James M. Mason and E. J. McFarland are citizens of the 
 United States and residents of Virginia. John Slidell and 
 George Eustis are citizens of the United States and resi- 
 dents of Louisiana. It was well known at Havana when 
 those parties embarked in the Trent that James M. Mason 
 was proceeding to England in the afiected character of a 
 minister plenipotentiary to tlie Court of St. James, under a 
 pretended commission from Jefierson Davis, who had as- 
 sumed to be president of the insurrectionary party in the Uni- 
 ted States, and E. J. McFarland was going with him in a like 
 unreal character of secretary of Ipgation to the pretended 
 mi.=sion. John Shdell, in similar circumstances, was going 
 to Paris as a pretended minister to the Emperor of the French, 
 and George Eustis was the chosen secretary of legation 
 for that simulated mission. The fact that these persons had 
 assumed such characters has been since avowed by the same 
 Jefierson Davis in a pretended message to an unlawful and 
 insurrectionary Congress. It was, we think, rightly pre- 
 sumed that these ministers bore pretended credentials and 
 instructions, and such papers are in the law known as des- 
 patches. We are informed by our consul at Paris that these 
 despatches, having escaped the search of the Trent, were 
 actually conveyed and delivered to emissaries of the insur- 
 rection in England. Although it is not essential, yet it is 
 proper to state, as I do also upon information and belief, 
 that the owner and agent, and all the ofiicers of the Trent, 
 including Commander Williams, had knowledge of the as- 
 sumed characters and purposes of the persons before named 
 when they embarked on that vessel. 
 
 Your lordship will now perceive that the case before ns, 
 instead of presenting a merely flagrant act of violence on 
 the part of Captain Wilkes, as might well be inferred from 
 the incomplete statement of it that went up to the British 
 government, was undertaken as a si::i|.V ' 
 ternary belligerent proceeding by Capi..: \ ...... 
 
 and capture a neutral vessel engaged in carrying contra- 
 band of war for the use and benefit of the insurgents. 
 
 The question before us is, whether this proceeding was 
 authorized by and conducted according to the law of na- 
 tions. It involves the following inquiries: 
 
 1st. Were the persons named and their supposed despatches 
 contraband of war? 
 
 2d. Might Captain Wilkes lawfully stop and search the 
 Trent for these contraband persons and despatches ? 
 
 3d. Did he exercise that right in a lawful and proper 
 
 4th. Having found the contraband persons on board and 
 in presumed possession of the contraband dispatches, had 
 he a right to capture the persons ? 
 
 5th. Did he exercise that right of capture in the manner 
 allowed and recognized by the laws of nations? 
 
 If all these inquires shall be resolved in the affirmative 
 the British government will have no claim for reparation 
 
 I address myself to the first inquiry, namely, were the 
 four persons mentione I, and their supposed despatches, 
 coi.traband? 
 
 Maritime law so generally deals, as its professors say, in 
 rem, that is with property, and so seldom withper.«on?, that 
 it seems a straining of the term contraband to apply it to 
 them. But persons, as well as property, may become con- 
 traband, since the word means broadly " contrary to proc- 
 lamation, prohibited, illegal, unlawful." 
 
 All writers and judges pronounce naval or military per- 
 sons in the service of the enemy contraband. Vattcl says 
 war allows us to cut off from an enemy all his resources, 
 and to hinder him from sending ministers to solicit assist- 
 ance. And Sir William Scott says you may stop the ambas- 
 sador of your enemy on his passage. Despatches are not 
 less clearly contraband, and the bearers or couriers who un- 
 dertake to carry them fall under the same condem- 
 nation. 
 
 A subtlety might be raised whether pretended ministers 
 of a usurping power, not recognized as legal by either the 
 belligerent or the neutral, could be held to be contraband. 
 But it would disappear on being subjected to what is the 
 true test in all cases — namely, the spirit of the law. Sir 
 
340 
 
 OUR FOREIGN RELATIONS. 
 
 ■William fcoft, spending of civil magistrates who are arrest- 
 ed and iletaiiiert as contraband, says : 
 
 "ll appears to me on principle to be but reasonable that 
 when it is of sufficient importance to the enemy tliat such 
 persons sh ill be sent out on the public service at the pub- 
 lic expense, it sho .Id afTonl equal ground of forfeiture 
 against the vessel that may be let out f.ira purpose so inti- 
 mately connected witli the hostile operations." 
 
 I trust that I have shown that the four ]) rsons who were 
 taken from the Trent by Captain Wilkes, and their des- 
 patches, were contraband of war. 
 
 The second inquiry is, whether Captain Wilkes had a 
 ridit bv the law of nations to detain and search the Trent. 
 The Trent, tlnai-li slic can-ied mails, was a contract or 
 merchiiiii m --: : — .i.niinn n c.ii-ier for hire. Maritime law 
 knows, ll: : - - l.-i — vessels of war, revenue 
 
 vessels. ; , ; , - . The Trent falls witliin the 
 
 latter cl.ia.;. Wli.av.Li di.-iuUus have existed concerning 
 a right of visitiition or search in time of peace, none, it is 
 supposed, has existed in modern times about the right of a 
 belligerent in time of war to capture contraband in neutral 
 and even friendly merchant vessels, and of the right of vis- 
 itation and search, in order to determine whether they are 
 neutral, and are documented as such according to the law 
 of nations. 
 
 I assume In the present case what, as I read British au- 
 thorities, is regarded by Great Britain herself as true mari- 
 time law: That the circumstances that the Trent was pro- 
 ceeding from a neutral port to another neutral port does 
 not modify the right of the belligerent captor. 
 
 The third question is whether Captain ^Vilkes exercised 
 the right of search in a lawful and proper manner. 
 
 If any doubt hung over this point, as the case was pre- 
 sented in the statement of it adopted by the British Gov- 
 ernment, I think it must have already passed away before 
 the modifications of that statement which I have already 
 sulmiitted. 
 
 1 proceed to the fourth inquiry, namely : Having found 
 the suspected contraband of war on board the Trent, liad 
 Captain Wilkes a right to capture the same ? 
 
 Such a capture is the chief, if not the only recognized, 
 object of the permitted visitation and search. The principle 
 of the law is, that the belligerent exposed to' danger may 
 prevent the contraband persons or things from applying 
 themselves or being applied to the hostile uses or purposes 
 designed. The law is so very liberal in this respect that 
 when contraband is found on board a neutral vessel not only 
 is the contraband forfeited, but the vessel which is the ve- 
 hicle of its passage or transportation, being tainted, also 
 becomes contraband, and is subjected to capture and confis- 
 cation. 
 
 Only the fifth question remains, namely : Did Captain 
 Wilkes exercise the rig;ht *f capturing the contraband in 
 conformity with tho law of nations ? 
 
 It is just here that the difficulties of the case begin. 
 What is the manner which the law of nations prescribes for 
 disposing of the contraband when yoii have found and 
 seized it on bo.ard of the neutral vessel ? Tho answer would 
 be ejisily found if the question were what you shall do with 
 the contraband vessel. You must take or send her into a 
 convenient port, and subject her to a judicial prosecution 
 there in admiralty, which will ti-y and decide tho questions 
 of belligerency, neutrality, contraband, and capture. So, 
 again, you would promptly find the samo answer if the ques- 
 tion were. What is the manner of proceeding prescribed by 
 the law of nations in regard to the contraband, if it be prop- 
 erty or things of material or pecuniary value? 
 
 But the question here concerns the mode of procedure in 
 regard, not to the vessel that was carrying tho contraband, 
 nor yet to contraband things which worked tho forfeiture 
 of the vessel, but to contraband nersons. 
 
 Tho bonks of law are dumb. Yet the question is as im- 
 portant as it is difficult. Fir.st, the belligerent captor has a 
 right to prevent the contraband officer, soldier, sailor, min- 
 ister, messenger, or courier from proceeding in his unlaw- 
 ful voyage ami reaching the destined scene of his injurious 
 service. But, on the other hand, the person captured may 
 be innocent-that is, he may nut ije contraband. lie, 
 therefore, has a right to a fair trial of the accusation against 
 him. The neutral State that has taken him under its flag is 
 bound to protect him if he is not contraband, and is there- 
 fore entitled to be s.itisfied upon that important question. 
 The faith of that State is pledged to his safety, if innocent, 
 as its justice is pledged for his surrender if he is really con- 
 traband. Here are conflicting claims, involving personal 
 liberty, life, honor, and duty. Here are conflicting national 
 claims, involving welfare, safely, honor, and empire. They 
 require a tribunal and a trial. The capt irs and thecr'p- 
 tured are equals; the neutral and the belligerent State are 
 equals. 
 
 While the law authorities were found silent, it was sug- 
 gested at an early day by thisGovernmont that you should 
 fcike the cai)tured per.sons into a oonvciiieiit port, and insti 
 tute judicial proceedings there to try the CuUtroversy. But 
 
 only courts of admiralty have jurisdiction in maritime 
 cases, and th'se courts have formulas to try only claims t j 
 contraband chattels, but none to try claims concerning 
 contraband persons. The courts can entertain no proceeil- 
 ings and render no judgment in favor of or against the al- 
 leired contraband men. 
 
 It was replied all this was true; but you can reach in 
 those courts a decision which will have the moral weight 
 of a judicial one by a circuitous proceeding. Convey tlie 
 suspected men, together with the suspected vessel, into 
 port, and try there the question whether the vessel is con- 
 traband. You can prove it to be so by proving the suspect- 
 ed men to be contraband, and the court must then determ- 
 ine the vessel to be contraband. If the men are not con- 
 traband the vessel will escape condemnation. Still, there 
 is no judgment for or again.st the captured persons. But it 
 was assumed that there would result from the determin.a- 
 tion of the court concerning the vessel a legal certainty 
 concerning the character of the men. 
 
 This course of proceeding seemed open to many objec- 
 tions. It elevates the incidental inferior private interest 
 into the proper place of the main paramount public one, 
 and possibly it may make the fortunes, tho safety, or tlie 
 existence of a nation depend on the accidents of a merely 
 personal and pecuniary litigation. Moreover, when the 
 judgment of the prize court upon the lawfulness of tho c.ii)- 
 ture of the vessel is rendered, it really concludes nothing, 
 and hinds neither the belligerent State nor the neutral 
 upon the great question of the dispositioli to be made of 
 the captured contraband persons. That question is still to 
 be really determined, if at all, by diplomatic arrangement 
 or by war. 
 
 0)ie may well express his surprise when told that the law 
 of nations has furnished no more reasonable, practical, and 
 perfect mode than this of determining questions of such 
 grave import between sovereign- powers. The regret we 
 may feel on the occasion is nevertheless modified by the 
 reflection that the difficulty is not altogether anomalous. 
 Similar and equal deficiencies are found in every system of 
 municipal law, especially in the system which exists in the 
 greater portions of Great Britain and tho United States. The 
 title to personal property can hardly ever be resolved by a 
 court without resorting to the fiction that the claimant has 
 lost and the possessor has found it, and the title to real es- 
 tate is disputed by real litigants under the names of imagi- 
 nary persons. It must be confessed, however, that wliile 
 all aggrieved nations demand, and all impartial ones con- 
 cede, the need of some form of judicial process in determin- 
 ing the characters of contraband persons, no other form 
 than the illogical and circuitous one thus described exists, 
 nor has any other yet been suggested. Practically, there- 
 fore, the choice is between that judicial remedy or no judi- 
 cial remedy whatever. 
 
 If there be no judicial remedy, the result is that the ques- 
 tion must be determined by tho captor himself, on the deck 
 of the prize vessel . Very grave obj ections arise against such 
 a course. The captor is armed, the neutral is unarmed. 
 The captor is interested, prejudiced, and perhaps violent ; 
 the neutral, if truly neutral, is disinterested, subdued, and 
 helpless. The tribunal is irresponsible, while its judgment 
 is caiTied into instant execution. The captured party is 
 compelled to submit, though bound by no legal, moral, or 
 truaty obligation to acquiesce. Ileparatvo;i is distant and 
 problematical, and depends at last on the justice, magnan- 
 imity, or weakness of the State in whose behalf and by 
 whose authority the capture was made. Out of these dis- 
 putes reprisals and wars necessarily arise, and these are so 
 frequent and destructive that it may well be doubted 
 whether this form of remedy is not a greater social evil than 
 all that could follow if the belligerent right of search were 
 universally renounced and abolished torever. But carry the 
 case one step further. What if the State that has made the 
 capture unreasonably refuse to hear the complaint of the 
 neutral or to redress it? In that case, the very act of cap- 
 ture would'be an act of war — of war begun without notice, 
 and possibly entirely without provocation. 
 
 I think all unprejudiced minds will agree that, imperfect 
 as the existing judicial remedy m.ay be supposed to be, it 
 would bo, as a general practice, better to follow it than to 
 adopt the summary one of leaving tho decision with the 
 captor, and relying upon diplomatic debates to review his 
 decision. Practically, it is a question of choice between law, 
 with its imperfections and delays, and war, with its evils 
 and desolations. Nor is it ever to be forgotten that neutral- 
 ity, honestly and justly preserved, is always the harbinger 
 of peace, and therefore is the common interest of nations, 
 which is only saying that it is the interest of humanity 
 itself. 
 
 At the same time it is not to bo denied that it may some- 
 times happen that the judicial remedy will become impos- 
 sible, as by tho shipwreck of the prize vessel, or other cir- 
 cumst.ances which excuse the captor from sending or taking 
 her into port for confiscation. In such a case the right of 
 the captor to the custody of tho captured persons, and to 
 
OUR FOREIGN RELATIONS. 
 
 341 
 
 dispose of them, if they are really 
 feat their uiiUu\ful puipo.-;L-s. cauiu 
 What rule shall be applicl in mi 
 captor oiiirlit to li" roqiiii-c I t" k!i..> 
 jucliri;il r 1II-1-, 1-..1I1, li-iii rir. Mi, 
 trol,;iivi ui,i..iii' li, 1 M;;i. f:!i' 1 ■, 
 to a>;nv.'iw\.il;l.i::- li-!il :i wr..,: , 
 In tl.i' pn-r-L-i^l c.^u. - ;. m \: ■ 
 coutraliaiiU pcrsuus :i. : ; '1 : 
 us to bo a perfcri ;> 
 
 not the duty of a captor to hazard his 
 der to secure a judicial examination to tli 
 No large prize crew, however is leaally n 
 
 her 
 
 horin,.!.. ,!v,:i:: 
 
 mi^ii^ - i: ■ . '■ • 
 
 Ii, 1, .-,■,. I!,.'. ;■..,!; 
 
 captun- of ihf oonti 
 
 two separate or di^il 
 
 up. 
 
 Jle 
 
 e judicial examination which 
 
 id. 
 contraband persons and the 
 - 1 1 ; o to be regarded, not as 
 i ';!^ under the law of na- 
 ipture only, then it Ibl- 
 . , vv;!l; left unfinished, or 
 ; ' ; I S ,t<s have a right 
 ,: ■; 1, , :! :;:i ! .tliecustody of 
 ,: tli ; I ) . . iiitraband, will 
 
 > (an m- 
 I.- defect 
 ■\Vilkcs, 
 
 Government his 
 
 ' I forebore to seize her," 
 
 jeiiig fo reduced in ofiicers 
 
 [ II \,i lill lause innocent 
 
 1; 1 I'iisscngers who 
 
 ! ! ;i onveuience, as 
 
 III ;, . ii it wouldhave 
 
 ii' 1- IromSt. 
 
 ..|, ;i , • ; . -.1. I iliee the 
 
 III -iiffered 
 ...11 li :e'iar,v lu -iiect the 
 uuubiderius I hdd obtidned 
 
 dcpiiirlui.vialieiir i. m'i m ..ii-' :\ 11 u-i I 
 the trausacliuuuuliiii li i x. 1. .1 ; ■ 
 
 unnecessary, and till ; 1 v i 
 
 Great Britviin, as we ,-1.. ; . 1 11 
 
 feet, and the coiisequtiu uoiiaei.l iln ,11; '., 
 the other hand, it is not seen how tli I. 10 
 sist upon her wtiiver of that judicial r.'.n 
 of the capture resulted from an act oi 
 wliicli would be a fault on their own side. 
 
 Captain Wilkes has presented to this 
 reasons for releasing the Trent 
 he says, "in consequence of 1113 
 and crew, and the d. lan^. 1,1 
 persons, tliei-e beiii;; 1 l.i 
 Would have been imi 1 
 wellas lUsappoiutu: lit, m . 
 caused them in not being uM 
 Thomas to Europe. I therei i 
 interest of my otficers and c: 
 her to proceed after the dcleu 
 transfer of those commissioners 
 the important end I had in view, and which afl'ected the 
 interest of our country and interrupted the action of that 
 of the confederates." 
 
 I shall consider, lirst, how these reasons ought to affect 
 the action of Ibis Government ; and secondly, how tliey 
 ought 10 bo expected to affect the action of Great Britain. 
 
 Tlic reasons are satisfactory to this Governmeul, so far 
 as Captain Wilkes is concerned. It could not desire that 
 the Sun .Jacinto, her ofBcers and crow, should ho exposed 
 to danger and loss by weakening their nttniber to delach a 
 prize crew to go on boara the Trent, .^ml 1 ^ - • inild it dis- 
 avowtlie humane motive of prevciii 1 ■ 1 nc. s, 
 
 losses, and perhaps disasters, to the > 1 I 1 d inno- 
 cent passengers found on board the i^ ,7, \ ! ;->ircnu:d 
 this Government perceive any ground (or qae-tioniiig tlie 
 fact that these reasons, though apparently incongruous, did 
 operate in the mind of Captain >\ illces and deter. nine him 
 to release the Trent. Unman actions generally proceed 
 upon mingle i, and sometimes conllictiug motives. lie 
 m asurt d tlie sacrifices which this decision would cost. It 
 niuiihestly, however, did not occur to him that beyond the 
 BaciiDcc of the private interests (as he call? lh3m)ofli,s 
 ( fucers and crow, there might aiso pi ssibly be a sacrifice 
 even of the chief and public object of Ins capti re, namely, 
 
 WilUcs i.s 
 what IS ih. 
 
 his Gov. rnmcntto the cusloih 
 ; ■ 1 ii-i;;ans. ThisGoviTiiiii. 
 
 i._:ht. It coniess.'S-' 1 '. : (!i''.>:. i.-i' t 
 ,11.11 the Governii'i'M . ■ ' <• ''-h .; '_i ! 
 its 1 ■ s.'nt convictions on Itie 1 "iid m .I'l.-; 'ii 
 ;! I <;■ I .. ! ale .examination and ilcdiictiou now 
 a.t ; la r.ssions previously lormed. 
 
 i. . ..all 111 now is, not whether Captain 
 i..-i,Ueii I J ii.s Government in what he did, but 
 present view of the Government as to the effect 
 of wtiat lie lias done. Assuming now, for argument's sake 
 only, that the release of the Trent, if voliuilary, involved 
 a waiver of the ciaim of the Government to hold the cap- 
 tured persons, the United States could in that case have no 
 hesitation in saying that the act which has thus already 
 been approved by the Government must bo allowed to 
 draw its legal conscqiienco after it. It is of the very na- 
 ture of a gilt or a charity that the giver cannot, after the 
 exercise of his bcnevoleuca is past., recall or modify its 
 benelits. 
 
 We are thus brought directly to the question whether we 
 are entitled to regard the release of the 'front as involun- 
 tary, or whether we are obliged to consider that it was vol- 
 untary. Clearly the releiwo would have been involuntary 
 had it been made solely uiion the first ground assigned for 
 it by Captain Wilkes, namely, a want of a sutlicient force 
 to send the xjrize vessel into port for adjudication. It is 
 
 t In' .alitor .l.'|irived her 
 
 l.y Captain Wilkes for re- 
 first. At best, therefore, 
 kes, as ho explains him- 
 ■uts of prudence and gen- 
 the prize vessel was not 
 
 r 1.1 II V. . 11 lit w.' I.. ..\pect these explanations by 
 Cai i.iai \, nk s ..t 111- 1. a-(iii- lor leaving the capture ii;- 
 coniplete to affect the action of the British government? 
 
 The observation upon this point which first occurs is, that 
 Captain Wilkes's explanations were not made to the author- 
 itie< of the captured vessel. If made known to them, 
 III., iiiiiht have approved and taken the release upon the 
 . 11: 1 11 of waiving a judicial investigation of the whole 
 I r II,- a lion, or they might have refused to accept the re- 
 lease upon that condition. 
 
 But the case is one not with them, but with the British 
 government. If we claim that Great Britain ought not to 
 insist that a judicial trial has been lost because we voluu- 
 tarilv 1-. l<as..l the offending vessel out of consideration for 
 
 h,i iiii lit passengers, I do not see how she is to be bound 
 
 t.. a.- ;iii.M !■ ill the decision which was thus made by us 
 without iieia .-sity on our part, and without knowledge of 
 conditions or consent on her own. The question between 
 Great Britain and ourselves thus stated would bo a ques- 
 tion not of right and of law, but of favor to be conceded by 
 her to us in return for favors shown by us to her, of the 
 value of which favors on both sides we ourselves shall be 
 the judge. Of cotu-se the United States could have no 
 thought of raising such a question in any case. 
 
 I trust that I have shown to the satisfaction of the British 
 Government, by a very simple and natm-al statement of the 
 facts, and analysis of the law applicable to them, that this 
 Government has neither meditated, nor practiced, nor ap- 
 proved any deliberate WTong in the transaction to which 
 they have called its attention ; and, on the contrary, that 
 what has happened has been simply an inadvertency, con- 
 sisting in a departure, by the naval officer, free from any 
 wrongful motive, from a rule uncertainly established, and 
 probably by the several parties concerned either imii.rfect ly 
 understood or entirely unknown. For this error t lie Brit- 
 ish Government has a right to expect the same reparation 
 that we, as an independent State, should expect from Great 
 Britain or from any other friendly nation in a similar case. 
 I have not been unaware that, in examining this ixuestion, 
 I have fallen int) an argument for what seems to be the 
 British side of ir against my own country. But I am re- 
 lieved from all embarrassment on that subject. I had hardly 
 fallen into that line of argument when I discovered that I 
 was really defending and maintaining, not an exclusively 
 British interest, but an old, honored, and cherished Ameri- 
 can cause, not upon British atithorities, but upon principles 
 that constitute a large port '.on of the distinctive policy by 
 which the United States liave developed the resom-ces of a 
 continent, and thus bocoming a considerable maritime 
 power, have won the rc^^ect and confidence of many na- 
 tions. These principles were laid down for us in 1804, by 
 James Madison, when Secretary of State, in the administra- 
 tion of Thomas Jefferson, in instructions given to James 
 Monroe, our Minister to England. Although the case before 
 him concerned a description of persons different from those 
 who are incidentally the subjects of the present discussion, 
 the ground he assumed then was the same I now occupy, 
 and the arguments by which he sustained himself upon it 
 have been an inspiration to me in preparing this reply. 
 
 " Whenever," he says, " property found in a neutral vessel 
 is supposed to be liable on any ground to capture ami coii- 
 demn.ation, the rule in all cases is. that the question shall 
 not be decided bv the captor, but be carried l.<'f..v a l.".:al 
 
 is 111 
 
 commander who is thus restricted, and tin 
 a case of mere property of trivial amount, s 
 ted, without recurring to any tribunal wliat 
 thecrew of a neutral vessel, todccide the ini 
 
 ,11 tli.a 1- 1" in-.,\\' ::i,,i,.a.s.aii.lli..'arr\ I 
 
 to the most huniiliatiiig discipline, and bis life itself to I 
 greatest danger. Reason, justice, and humanity unite 
 protesting against so extravagant a proceeding." 
 
142 
 
 OUR FOREIGN RELATIONS. 
 
 If I decide this case in fayor of my own Government, I 
 must disavow its most cherished principles, and reverse 
 and fircver abandon its essential policy. The country can- 
 not alVord the sacrifice. If I maintain those principles, 
 and adhere to that policy, I must surrender the case itself. 
 It will be Seen, there. ore, that this Government could not 
 deny the justice of the claim presented tons in this respect 
 upon i>s merits. We are aslccd to do the British nation 
 just what we have always in-sistoJ all nations ought to do 
 to us. 
 
 The claim of the Briti.sh government is not made in a 
 Uiscnurtcous niautier. This Guverument, since its first or- 
 ganization, has never used more guarded language in a 
 Bimilar case. 
 
 In Cuming to my conclusion I have not forgotten that, if 
 tlie safety of tliis Union required the detention of the cap- 
 tured persons, it would be the right and duty of this Gov- 
 ernment to detain them. But the clleetu il check and wan- 
 ing proportions of the existing insurrection, as well as the 
 comparative unimportance of the cuptured persons them- 
 selves, when dispassionately weighed, happily forbid me 
 from resorting to that de.ence. 
 
 Nor am I unaware that American citizens are not in any 
 case to be unnecessarily surrendered for any purpose into 
 the keeping of a foreign State Only the captured persons, 
 however, or others who are interested in them, could justly 
 raise a question on that ground. 
 
 Nor have I been tempted at all by the suggestions that 
 cases might be found in history where GreatBrili.an refused 
 to yield to other natio-s, and even to ourselves, claims like 
 that which is now before us. Those cases occurred when 
 Great Britain, as well as the United States, was the home 
 of generations, which, with all thtir petailiar interests and 
 passions, have passed away. .She could in no other way so 
 eftectually disavow any such injury as we think she does 
 byasbumingnowasher own the groundupon which we then 
 stood. It would tell little for our own claims to the char.ac- 
 ter of a just and magnanimous jieople if we should so far 
 consent to bo guided by the law of retaliation as tu lift up 
 buried injuries from their graves to oppose against what 
 national consistency and the national conscience compel us 
 to regard as a claim intrinsically right. 
 
 Putting behind nie all suggestions of this kind, I prefer 
 to express my satisfaction that, by the adjustment of the 
 present case upon principles confessedly American, and 
 yet, as I trust, mutually satisfactory to both of the nations 
 concerned, a question is finally and rightly settled between 
 them, which, heretofore exhausting not only all forms of 
 peaceful discussion, but also the arbitrament of war Itself, 
 for more than a half a cenlury alienated the two countries 
 from each other, and perplexed with fears and apprehen- 
 sions all other nations. 
 
 The four persons in question are now held in military 
 custody at I'ort Warren, in the f tate of Massachusetts. 
 They will be cheerfully liberated. Your lordship will please 
 indicate a time and place for receiving them. 
 
 EARL RUSSELL TO LORD LYONS. 
 Ja.vcahy 10, 18G2. 
 
 My Lord : In my despatch to you of the 30th of Novem- 
 ber, alter informing you of the circurasLajces which had 
 occurred in relation to the c.iplurc of the lour persons taken 
 from on board the Trent, I stated to you that it thus ap- 
 peared that ceitain individuals had been forcibly taken 
 from oa board a British v( ssel, the ship of anoutral power, 
 while such vessel was pursuing a lawl'ul and innocent voy- 
 age ; au act of violence wliicli was an affront to the British 
 flag, and a violation ol iiiti riiaiional law. I concluded by 
 din ctmg vou, in case the icpa/aiion which her Majesty's 
 govei-nui'jnt expeclra to ivrruo should not be ollercd by 
 Mr. Sjwaid, to propose tj tliul minisier to make such re- 
 dress as alone would satisly the British nation, namely : 
 first, the hberatiou of the lour gentlemen taken from on 
 board the Trent, and thsir delivery to your lordship, io or- 
 der that they might again be placed under Britisli protec- 
 tion : and, secondly, a suitable apology for the aggression 
 whicl) hav'i been committed. 
 
 I received yesterday your lord.ship's despatch of the 27th 
 ultimo, enclosing a note to you from Mr. Seward, which is 
 in substance the answer to my despatch of the GOth of No- 
 vember. 
 
 Proceeding at once to the main points in discussion be- 
 tween us, her Majesty's government hare carefully ex- 
 amined how far Mr. Seward's note, and the conduct it an- 
 nounces, comply substantially with the two proposa.s I 
 have recited. 
 
 With regard to the first, viz : the liberation of the pris- 
 oners with a view to their being again placed under British 
 protection, I find that the note concludes by stating that 
 the prisoners will be cheerfully liberated, and by calling 
 upon your lordship to indicate a time and place for receiv- 
 ing them. No condition of any kind is coupled with the 
 liberation of the prisoners. 
 
 With regard to the suitable apology which the British 
 government had a right to expect, I find th.it the Govern- 
 ment of the United States distinctly and une{iuivocally 
 declares that no directions had been given t.i Captain 
 Wilkes, or to any other naval oflBcer, to arrest the four iier- 
 Bons named or any of them, on the Tr-nit, or on any other 
 Britisli vessel, or on any other neutral vessel, at the place 
 where it occurred or elsewhere. 
 
 I find further that the Secretary of State expressly for- 
 bears to justify the particular act of which her Majesty's 
 government complained. If the United States Government 
 had alleged that, although Captain Wilkes had no previous 
 instructions for that purpose, he was right in capturing the 
 persons of the four prisoners, and in removing them from 
 the Trent on board his own vessel, to be afterwai-ds carried 
 into a port of the United States, the Government which 
 had thus sanctioned the proceeding of Captain Wilkes 
 would have become responsible for the original violence and 
 insults of the act. But Mr. Seward contents himself with 
 stating that what has happened has been simply an inad- 
 vertency, consisting in a departure by a naval officer, free 
 from any wrongful motive, from a rule uncertainly estab- 
 lished, and probably by the several parties concerned either 
 imperfectly understood or entirely unknown. Tho Secre- 
 tary of State goes on to affirm that for this error the British 
 government has a right to expect the same reparation 
 which the United States as an independent State should ex- 
 pect from Great Britain or from any other friendly nation 
 in a similar case. 
 
 Her Majesty's government having carefully taken into 
 their consideration the liberation of the prisoners, the de- 
 livery of them into your hands, and the explanations to 
 which I have just referred, have arrived at the conclusion 
 that they constitute the reparation wliich lier Majesty and 
 the British nation has a right to expect. 
 
 It gives her Majesty's government great satisfaction to 
 be enabled to arrive at a conclusion favorable to the main- 
 tenance of the most friendly relations between the two 
 nations. I need not discuss the modifications in my state- 
 ment of fiicts which Mr. Seward says he has derived from 
 the reports of officers of his Government. I cannot con- 
 clude, however, without adverting shortly to the discussions 
 which Mr. Seward has raised upon points not prominently 
 brought into question in my despatch of the uOth of Nov- 
 ember. I tliere objected, on the part of her 6Iajesty'» 
 government, to that which Captain Wilkes had done. Mr. 
 Seward, in his answer, points out what he conceives Cap- 
 tain Wilkes might have done without violating the law of 
 nations. 
 
 It is not necessary that I should here discuss in detail the 
 five questions ably argued by the Secretary of State. But 
 it is necessary that I should say that her Majesty's govern- 
 ment differ from Mr. Seward in some of the conclusions at 
 which he has arrived ; and it may lead to a bett(T \inder- 
 standing between the two nations on seVeral points of inter- 
 national law which may, during the present contest, or at 
 some futura time be brought into question, that I shtfuld 
 state to you, for communication to the Secretary of State, 
 wherein those diflerences consist. I hope to do so in a few 
 days. 
 
 In the meantime, it will be desirable that the commanders 
 of the United States cruisers should be instnicted not to re- 
 peat acts for which the British government will have to 
 ask for redress, and which the United States Government 
 cannot undertake to justify. 
 
 You will read and give a copy of this despatch to the 
 Secretary of State. 
 
 COMMENT OP THE LONDON TIMES. 
 
 The London Times of January 11, 1863, com- 
 menting on the proper reception to be given 
 tliese visitors, remarked : 
 
 So we do sincerely hope that our countrymen \^^ll not 
 give these fellows anything in the shape of an ovation. 
 Tho civility that is due to a foe in distress is all that they 
 can claim. We have returned them good for evil, and, 
 sootli to say, we should be exceedingly sorry th;it they 
 should ever be in a situation to choose what return they 
 will make for the good we have now done them. They are 
 here for their own interest, in order, if possible, to drag us 
 into their own quarrel, and, but for the unpleasant contin- 
 gencies of a prison, rather disappointed perhaps that their 
 detention has not provoked a new war. When they stepped 
 on board the Trent they did not trouble themselves with 
 the thought of the mischief they might be doing an unof- 
 fending neutral ; and if now, by any less perilous device, 
 they could entangle us in the war, no doubt they would be 
 only too happy. Wo trust there is no chance of their doing 
 this, foi', impartial as the British public is in the matter, it 
 certainly has no prejudice in favor of slavery, which, if any- 
 thing, these gentlemen ropi-esent. What they and their 
 secretaries are to do here passes our conjecture. They are 
 personally nothing to us. They must not suppose, because 
 
OUR FOREIGN RELATIONS. 
 
 we have gone to the very verge of a groat war to rescue 
 them, that therefore tliey are precious in our eyes, ^ye 
 should have iloiie just as much to rescue two of their own 
 
 s\v?;rtln' rn)iii/' '. "iH'l < ':i-.-:ii' " "iiM li. '. '■ li"! J" -I Hk' same 
 
 none of these things. Let tlie coiinnis.-,i(incr.s como up 
 quietly to town, and have their say with anybody who may 
 have time to listen to them. For our part, we cannot see 
 huw anytliing thny have to tell can turn the .scale of British 
 duty and a«lil oration. There have been so many cases of 
 peoples and nations establishing an actual independence, 
 and couipelling the recognition of the world, that all we 
 have to do is what we have done before, up to the very hist 
 year. This is now a simple matter of precedent. Our 
 statesmen and lawyers know quite as much on the subject 
 as Messrs. Mason and Slidell, and are in no need of their 
 information or advice. 
 
 ACTION- OF CONGEESS. 
 
 Second Session, Thirty-Sovenih Congress. 
 
 IN HOUSE. 
 
 1861, December 2— Mr. Lovejoy, by unani- 
 mous consent, offered this joint resolution : 
 
 That the thanks of Congess aro due, and are hereby ten- 
 dered, to Captain Wilkes of the United States Navy, for his 
 brave, adroit, and patriotic conduct in the arrest and deten- 
 tion of the traitors James M. Mason and John Slidell. 
 Mr. Edgerton moved this as a substitute : 
 
 That the President of the United States' be requested to 
 present to Captain Charles Wilkes a gold medal, with suit- 
 able emblems and devices, in testimony of the high sense 
 entertained by Congress of his good conduct in promp^^ 
 arresting the rebel ambassadors James M. Mason and John 
 Slidell. 
 
 Which was agreed to ; and the resolution 
 passed. 
 
 1862, February 19 -The Senate indefinitely 
 postponed it. 
 
 18G1, December 16 — Mr. Vallandigham of- 
 fered this resolution : 
 
 Whereas the Secretary of the Navy has reported to this 
 Housi.^ that Captain Charles Wilkes, in command of the San 
 Jacinto, an armed public vessel of the United States, did, 
 on tljo Nth of November, ISOl, on the high seas, intercept 
 the Trent, a British mail steamer, and forcibly remove 
 therelioui James M. Mason and John Slidell — "disloyal cit- 
 izens, K',.ding conspirators, rebel enemies, and dangerous 
 men' — who, with their suite, were on their way to Europe 
 " to piomotc the cause of the insurrection," claiming to be 
 amb..ssadors Irom the so-called Confederate States; and 
 whereas the Secretary of the Navy has further reported to 
 tliis iioiise, that "the prompt and dori^iv^ action of Captain 
 Wilkes on this occasion nieiib^l nnd i ^ rrived the emphatic 
 approval of the Peiiartnunt." Mil i;i i • nvcr, in a public 
 h.'iter h,is thanked Captain A\ ilk. s 1m[- i h.. :,rt ; and whereas 
 this House, on tlie first day of" tli.' : c m ii, did propox- t.j 
 trader the thanks of Congress to ( ii4;;ii. W ill.r-, In,- 1,U 
 " bra.ve, adroit, and p: 
 
 -M. 
 
 M;,>n 
 
 niiiilar.N n„auis ol the I uited Ltates, ciptured and held by 
 tlie so-called Cuiiledeiate States, should be treated as pris- 
 oners of war: Therefore, 
 
 Be it resdhrd. (as ihe sense of this House,) That it is the 
 duty ol the President to now firmly maintain the stand 
 tlius taken, approving and adopting the act of Captain 
 Wilkes, in spite of .iny iiieuace or demand of the British 
 government; and that this House pledges itsfull sujiport to 
 him in upholding now the honor and vindicating the cour- 
 age of the Uovernment and people of the United States 
 against a foreign power. 
 
 Which, on motion of Mr. Fenton, was re- 
 ferred to the Committee on Foreign Affairs — 
 yeas 109, nays 16, as follows : 
 
 YfAS— Messrs. Aldrich, Alley, Arnold, Babbitt, Joseph 
 Baihj. Baker, Baxter, Beaman, BiddU, Bingham, Francis 
 P. Bl lir, Jacob B. Blair, Samuel S. Blair, Bhiue, William 
 U. Brown, Buffinton, Burnlmm, Ccdvert, Chamberlain, 
 Clark, Cobb, Colfax, Uoscoe Conking, Cooper, Covode, Davis, 
 Del ino, l.iven, Duell, Duidap. Dunn, Edwards, Eliot, Eng- 
 lish, Fenton, Fessendeu, Franchot, Frank, Qooch, Grange.-, 
 
 343 
 
 • 
 
 Grider, Gurley, Hale, Harding, Harrison, Hickman, Hutch- 
 ins, Julian, Francis W. Kellogg, William Kellogg, Knapp, 
 Lavj, Lazear, Leaiy, Lehman, Loomis, Lovejoy, McKuight, 
 McPliersun, Mallory, Maynard, Mtnzies, Mitchell, Moorhead, 
 Justin S. Morrill, JSoell, Oddl. OVm, I'atton, Perry, T O. 
 Pheliia, Pik«,Pomeroy, I'orter, Alexander H. Kice, John 
 II. Kico, Michardson, Edward II. lloilins, Sargent, Sedg- 
 wick, Shanks, Sheffiel'^. Shellabarger, Shorman, Smith, 
 Spaulding, William G. Steele, Stevens, Benjamin P. Thom- 
 as, Francis Thomas, Train. Trimble, Trowbridge, Van Horn, 
 Vorree, Wadiworth, Wall, E. P. Walton, Ward. Wash- 
 burnc, Wheeler, Whaley, Albert S. White, mc7.hjf«, Wil- 
 son, Windom, Woodruff, Worcester, Wright— im. 
 
 Nats— Messrs. Allen, George H. Brmvne, Frederick A. 
 Conkling, Cox, Cravens, Haight, Holman, Morris, Nolle, 
 Nugen, Pendleton, Shiel, John B. Steele, Vallandigham. 
 Vaudever, ChilUm A. White— IQ. 
 
 Monarchical Intrigues in Central and 
 South America. 
 
 1864, March 15 — Mr. McDouoall offered this 
 resolution, which was adopted : 
 
 Resolved, That the President be requested to communi- 
 cate to the Senate, if not incompatible with the public in- 
 terest, any correspondence or other information in posses- 
 sion of the Government, relating to any plan or plans now 
 projected or being projected with a view to the establish- 
 ment of monarchical governments in Central and South 
 America. 
 
 March 24 — The President transmitted this 
 paper from the Secretary of State, in reply : 
 
 The Secretary of State, to whom has been referred the 
 resolution of the Senate of the 15th instant, requesting the 
 President " to communicate to the Senate, if not incompati- 
 ble with the public interest, any correspondence or other 
 information in possession of the Government relating to 
 any plan or plans now projected, or being projected, with a 
 view to the establishment of monarchical governments in 
 Central and South America," has the honor to report, that 
 surmises and jealousies are constantly arising on the sub- 
 ject to which the resolution refers, which are brought to 
 the notice of the Dcpartmcntby our representatives abroad. 
 But there is no correspondence or other form of informa- 
 tion which furnishes any reliable facts showing the exist- 
 ence of " plans" for the accomplishment of the object 
 mentioned. 
 
 Any correspondence which might be regarded as em- 
 braced in the resolution, besides being very vague, is, in 
 its nature, confidential, and its publication at the iireseut 
 time would be incompatible with the public interest. 
 
 Alleged Foreign Enlistments. 
 
 1864, June 28 — The President transmitted, 
 in reply to a Senate resolution of 24th, these 
 reports : 
 
 FROM THE SECRETARY OF STATE. 
 
 Washington, June 25, 1864. 
 
 The Secretary of State, to wdiom has been referred the 
 
 resolution of the Senate of the llith instant, requesting the 
 
 President to inform tiiat body " if any authority has been 
 
 fiiveii any one, either in lliis counti y or elsewlieri', to ob- 
 
 order to be recruited; and il'so, wliat measures, if any, liavo 
 been adopted in order to arrest such conduct," has t'.j 
 honor, in reply to the inquiries thus submitted, to report, 
 that no authority has been siven by the Executive of tliis 
 Government, or by any exiriiiivc dipji tin •nt, to any one, 
 either in this country or I'l- : ulh n. (> mM.oii n-rruits either 
 in Ireland, or in Canad.i. or in Jiiv liin i;n country, for 
 either the army or the navy ol lli.' Iniod M.itts; and on 
 the contrary, that whenever applii ation loi- >u(li authority 
 has been made, it has been refused and alir-olnidy vvitlilnld. 
 If .any such recruits have been ol>lainiil, either in the 
 provinces unm.d in the resolution, or in any loroigii connlry, 
 thi'V liavi- li-rii oli|;iincd by persons who aro not even citi- 
 zens of till' Init'd States, but subjects or citizens of tho 
 eouutrv wli'ic IIm' recruits vven^ obtaiiu'd. 'IIi.' jmisohs 
 
 who oiitain-d Ml. ii ivrniit-^ if:;],-, v. , i 1 ;,,iii-I. w^ro 
 
 answeral.h' lo llir hnv-^ o| th^' I > ■ , - ■ . ■ niry 
 
 they wero not williiii the r. arh ,il v.:, l,iu~ md liil^ii- 
 
 nals; and such persons acted vvilliout any authority or eon- 
 sent, and even without tho knowledge of this Government. 
 This Government has uo knowledge that any such recruits 
 
OUR FOKEIGN RELATIONS. 
 
 have been obtained in the provinces named, or in any foreign 
 Country. Tu two or tlirce instances it has been reported to 
 tl.ii department tliat recruiting agents crossed the Canadian 
 frontier, without authority, with a view to engage recruits 
 or rcclnim dc.-<rtiTS. The complaints thus made were im- 
 mediately iavcjti;;,ited, the proceedings of such recruiting 
 agents Wire promptly disavowed and condemned, the re- 
 cruits or deserters, if any had been brought into the United 
 States, were at once returned, and the offending agents 
 were dismissed from the public service. 
 
 In the land and naval forces of the United States there 
 are found not only some Canadians, some Englishmen, and 
 some Irishmen, but also many subjects of continental 
 European powers. All of these persons were voluntary 
 immigrants into the United States. They enlisted after 
 their arrival on our shores, of their own free accord, witliin 
 our own limits and jurisdiction, and not in any foreign 
 country. The executive government has no knowledge of 
 the nature of the special inducements which led these vol- 
 unteers to emigrate from their native countries, or of the 
 purposes for which they emigrated. It has, however, neither 
 directly nor indirectly invited their immigration by any 
 offers of employment in the military or naval service. 
 When such persons were found witliin the United States, 
 exactly the same inducements to military service were 
 open to them which by authority of law were offered at 
 the same time to citizens of the Xinited States. 
 
 Having thus answered the iniiuiries contained in the res- 
 olution of tiie Seniiti', the Secretary of State might here 
 without iini)ropriety close this report. Nevertheless, the 
 occasion is a proper one for noticing complaints on the sub- 
 ject of recruitment in our army and navy which have re- 
 cently found utterance in the British House of Lords. The 
 Secretary of State has, therefore, further to report that the 
 Government of the United States has practiced the most 
 scrupulous care in preventing and avoiding in Great Brit- 
 ain, and in all other foreign countries, any violation of in- 
 ternational or municipal laws in regiu'd to the enlistment 
 of soldiers and seamen. 
 
 Moreover, when the British government, or any other 
 foreign govcrriim'nt, has complained of any alleged viola- 
 tion of the ii_ III- if il- -iilijocts within the United States, 
 this Govern;, "i !i I i mil to the complaints patiently, 
 investigate! I ii ■ ,' ,1 ly, and where redress was found 
 due, and w;is i.i:,.;i. ,,:,!.. has cheerfully accorded it. This 
 Government, on tlie other hand, has been obliged to sub- 
 mit, in the ordinary way, grave compkdnts of the enlist- 
 ment, equipment, and periodical payment in British ports 
 of seamen and mariners eninloyed in making unauthorized 
 war from puch ports .-e; lin-l (lie United States. 
 
 It is a notorious f.iel, loinil. ( lo all the world, that avig- 
 orous and coutinuiil lide.il ( niimation is flowing from Eu- 
 rope, and especially from portions of the British empire, 
 and from Germany and Sweden, into the United States. 
 This immigration, like the immigration which preceded it, 
 results from the reciprocal conditions of industrial and 
 social life in Ilurope and America. Of the mass of immi- 
 grants who arrive on our shores, far the largest number 
 go immediately into the occupations of peaceful indus- 
 try. Those, on the contrary, who are susceptible to the 
 attractions of military life, voluntarily enter the national 
 service with a similar class of our own native citizens, upon 
 the same equal Inducements, and with the same patriotic 
 motives. There is no law of nations, and no principles of 
 international comity, which roijuires tis to refuse their aid 
 in the cause of the country and of humanity. 
 
 This Government does not repudiate or discourage immi- 
 gration. The Government frankly avows thatit encourages 
 immigration from all countries, but only by open, lawful, 
 and honorable agencies and means. However statesmen in 
 other countries may have at the beginning misunderstood 
 the nature and dii-ection of the present civil war, that na- 
 ture and that direction were not misunderstood by the Gov- 
 ernment of the United States. It was foreseen here that 
 the seditious attempt to divide tlie American Union, if not 
 discouraged by other comiin rrial anl maritime powers, 
 would not merely produce greal (iimiii'T. i il and social em- 
 barrassment in the United .St;itr<. inu tli:it, if it should be 
 persisted in and protracted, it nni^t seri.iusly disturb the 
 commerce and industry of other nations. Upon this ground, 
 among others, the Government of the United States earn- 
 estly remonstrated with foreign States against their award 
 of unusual connnercial and billi;;erent privileges to the in- 
 surgents, in ileroi;atiou of the M.ven-i-;ntv of the United 
 States. Wli.ii, hnwev.r. it was liilly .liMl.,sed that the in- 
 Burre.tion aimed at imdiiim- j,.,s than lo separate fifteen of 
 
 th< 
 
 our own lawliil |ei-i jii -i y a ^ "le- sjn-le iii.le|iendent nation 
 upon llh' Iniiirlallin oi .'uiie: n >la\ei-y, tliis Government 
 dill lint lie>iiale, ,^.1 iar a^ aiuli.a i/eil liy law, to draw upon 
 all tlie resources of the country, and to'call into activity all 
 the energies of the American people to prevent so grc'at a 
 crime. It further resolved to devote its best efforts witUin 
 the limits of international law and the Constitution of the 
 
 United States, first to bring African slavery to an end 
 throughout the world, .and secondly to strengthen tiie in- 
 terest of free labor upon the American continent. It recog- 
 nized and entered into commercial relations with free States 
 founded on African colonization. It refused a market for 
 slaves, and it pursues the slave trader on the high seas, and 
 denies to him an asylum on our own shores. On the con- 
 trary, it incites honest and industrious freemen hither from 
 all parts of the world, and gives them free homes and ample 
 fields, while it opens to them virgin mines and busy work- 
 shops, with all the privileges of perfect civil and religious 
 liberty. So far as increase of immigration has resultedl'rom 
 the action of the Government during the present civil war, 
 it is due exclusively to what has thus lawfully been done 
 with those two ends of extinguishing slavery ,and fortifying 
 freedom always in view. Nor has this Government any 
 reason to bo disappointed with the results. The country 
 has sustained a very destructive war for the period of throe 
 years. Yet it is not here that national resources or credit 
 fails. It is not here that patriots are wanting to defend 
 the country of their birth or their choice, nor is it here that 
 miners, farmers, merchants, artisans, and laborers lack 
 either subsistence or employment, with abundant rewards. 
 The number of slaves is rapidly diminishing, and the num- 
 ber of freemen continues to augment, even during the con- 
 vulsions of domestic war, more rapidly than over a free 
 population advanced in any other country, or even in our 
 own. 
 Respectfully submitted, 
 
 The President. 
 
 WILLIAM H. SEWARD. 
 
 from the secreiart op war. 
 
 War Department, 
 Washington Crrv, June 21, 1864. 
 
 Sir : In answer to the Senate resolution of inquiry, passed 
 June 24, 1S&4, and referred by you to this department, I 
 have the honor to reply : 
 
 First. That no authority has been given by this depart- 
 ment to any one, either in this country or "elsewhere, to 
 obtain recruits in Ireland or Canada for the army of the 
 United States. 
 
 Second. Tliat no recruits have been obtained in Ireland or 
 in Canada for the army of the United States with my 
 knowledge or consent, and, to the best of my information 
 and belief none have been obtained, nor any effort mado 
 to obtain them. 
 
 Third. That neither Irishmen nor Canadians have, with 
 my knowledge, approbation, or consent, or with the kuowl- 
 cdgo, approbation, or consent of any one in this department, 
 been induced to emigrate to this country in order to enlist 
 into the army. 
 
 Fourth. That no measures have been adopted by this de- 
 partment to arrest any such conduct, because no iuforma 
 tion of any such conduct has reached the department, and 
 I do not believe that it has been practiced in any instance. 
 
 I will add that no encouragement or inducement what- 
 ever has been extended by this department to any person 
 or persons to obtain recruits for the army anywhere be- 
 yond the limits of the United States. 
 
 I have the honor to be, very respectfullv, your obedient 
 servant, EDWLV JL STANTO ^ , 
 
 Secretary of War. 
 
 FROM THE secretary OP THE NAVY. 
 
 Navy Department, June 27, 18(i4. 
 
 Sir; I have the honor to acknowledge the I'eference to 
 this Department of a resolution passed in the Senate of the 
 United States on the2-ith instant, requesting the President 
 of the United States " to inform th« Senate if any authority 
 has been given to any one, either in this country or else- 
 where, to obtain recruits in Ireland oi- in Canada for our 
 armyornavy; and wlicther any such recruits have been 
 obtained, or whether, to the knowledge of the Government, 
 Irishmen or Canadians have been induced to emigrate to 
 this country in order to be so recruited ; and if so what 
 measures, if any, have been adopted to arrest such con- 
 duct;" and to state, in reply, that no such order as that 
 indicated in the resolution has been given by the Navy De- 
 partment to any one, either in this country or elsewhere, 
 nor is the Navy Department aware that any such recruits 
 have been obtained, or that inducements have been offered 
 to Irishmen or Canadians to emigrate to thiscouutiy in or- 
 der to be so recruited. 
 
 On the occasiou of a visit of the United States steamer 
 Kearsarge to Queenstown, Ireland, in November last, sev- 
 eral Irishmen secreted themselves on board the vessel, were 
 carried off in her, and when discovered were returned to 
 that port and put ashore. This circumstance gave rise to 
 a charge that the Kearsarge had violated the f ireign en- 
 listment act of Great Britain. Captain Winslow, com- 
 manding the Kearsarge, disavowed having violated this act 
 
OUR FOREIGN RELATIONS. 
 
 345 
 
 or any intention of pprmittina otliTs under his command 
 to do so. Explanations have lieen made to the Britisli Rov- 
 ernment, and it is presumed the matter has been satisfac- 
 torily settled. 
 I am, sir, with very greatrcspect. your obedient servant, 
 GIDEON WELLE-, 
 
 Secretary of the Navy. 
 
 Foreign Mediation. 
 
 SECRETARY SEWARD's LETTKR TO GOV. HICKS. 
 
 Dep.^rtment of St.^te, April 22, 18G1. 
 
 His Excellency Tno-:. H. Hicks, Governor of Maryland: 
 
 Sir : I have' had the honor to receive your communica- 
 tion this morning, in which you inform me that you have 
 f?lt it to be your "duty to advise the President of the United 
 States to order elsewhere the troops then off Annapolis, 
 and also that no more may be sent tlirough Maryland ; and 
 that you have further suggested that Lord Lyons be re- 
 quested to act as mediator between the contending parties 
 in our country to prevent the effusion of blood. * * * 
 
 If eighty years could have obliterated all the other noble 
 sentiments of that age in Maryland, the President would be 
 hopeful, nevertheless, that there is one that would forever 
 remain there and everywhere. That sentiment is that no 
 domestic contention whatever, that may arise among the 
 parties of this Republic, ought in any case to be referred to 
 any foreign arbitrament, least of all to the arbitrament of 
 an European monarchy. 
 
 I have the honor to be, with distinguished consideration, 
 your Excellency's most obedient servant. 
 
 WILLIAM H. SEWABD. 
 FRENCH MEDIATION. 
 
 During 1862, the French Government pro- 
 posed to the Russian and English governments 
 to join it in trying to bring about an armistice 
 for six months between " the Federal Govern- 
 ment and the Confederates of the South;" 
 which they declined. 
 
 Jan. 9, 18G3 — M. Drouyn de I'Huys, Min- 
 ister of Foreign Affairs, addressed M. Mercier, 
 the French Minister at Washington, on this 
 subject. 
 
 We add a few paragraphs : 
 
 Sra : In forming the puqiose of assisting, by the proffer 
 of our good offices, to shorten the period of those hostilities 
 which are desolating the American continent, had we not 
 been guided, beyond all, by the friendship which actuates 
 the government of the Emperor in regard to the United 
 States, the little success of our overtures might chill the 
 interests with which we follow the fluctuations of this con- 
 test ; but the sentiment to which we have yielded is too sin- 
 cere for indifference to iind a place in our thoughts, and 
 that we should cease to be painfully affected, whilst the 
 war continues to rage. 
 
 We cannot regard without profound regret this war, 
 worse tlian civil, comparable to the most terrible distrac- 
 tions of the ancient republics, and whose disasters multi- 
 ply in proportion to the resources and the valor which each 
 of the belligerent parties develop. 
 
 The government of his Majesty have therefore seriously 
 exiunined the objections which have been made to us. 
 W'here we have suggested the idea of a friendly mediation, 
 and we have asked ourselves whether they are truly of a 
 nature to set aside as premature every tentative to a recon- 
 ciliation, on one part has been opposed to us the repug- 
 nance of the United States to admit the intervention of 
 foreign influence in the dispute, on the other, the hope, 
 which the Federal Government has not abandoned, of at- 
 taining its solution by force of arms. 
 
 Assuredly, sir, recourse to the good offices of one or sev- 
 eral neutral powers contiins nothing incompatible with 
 the pride so legitimate amidst a great nation, and wars 
 purely international are not those alone which furnish ex- 
 amples of the useful character of mediation. 
 
 secretary seward's letter to mr. d.wt0n. 
 
 Department op State, 
 Washixgto.v, &th Feb., 1-G3. 
 Sir: The intimation given in your dispatch of January 
 15th, No. 255, that I might expect a special visit from M 
 Mercier, has been realized. lie called on the 3d instant, 
 and gave me a cony of a dispatch which he had just thun 
 received from M. Drouyn deTHuys under the date of the 
 21st of January. I have taken the President's instructions, 
 and I now proceed to give you his views upon the subject in 
 (question. 
 
 It has been considered with seriousness resulting fron, 
 the reflection that the people of France are known to bo 
 faultless sharers with the American nation in ihe mislor- 
 tunes and calamities of our unhappy civil war ; nor do we 
 on this, any more than on other occasions, forget the tradi- 
 tional friendship of the two countries, wliicii we unhesita- 
 tingly believe has inspired the counsels that M. Drouyn de 
 I'Huys has imparted. 
 
 He says, " the Federal Government does not despair, wo 
 know, of giving more active impulse to hostilities ;" and 
 again he remarks, " the protraction of the struggle, in a 
 word, has not shaken the confidence (of the Ked.ral Gov- 
 ernment) in the definite success of its efforts." These pas- 
 s'lges seem to me to do unintentional injustice to the 
 language, whether confidential or public, in which this 
 Government has constantly spoken on the subjeyX .of the 
 war. It certainly has had "and avowed only one purpose— 
 a determination to preserve the integrity of the country. 
 So far from admitting any laxity of efl'ort.or betraying any 
 despondency, the Government, has on the contrary, borne 
 it.self cheerfully in all vicissitudes with unwavering confl- 
 uence in an early and complete triumph of the national 
 cause. Now, when we are, in a manner, invited by a 
 friendly power to review the twenty-one uioiuiis' history 
 of the conflict, wo find no occasion to abate that confidence. 
 Through such an alternation of victories and defeats as is 
 the appointed incident of every war, the land and naval 
 forces of the United States have steadily advanced, ro- 
 claiming from the insurgents the ports, forts, and posis, 
 which they had treacherously seized heiore the strife actu- 
 ally began, and even before it was seriously apprehendeil. 
 So many of the States and districts which the insurgents 
 included in the field of their projected exclusive slave- 
 holding dominions, have already been re-established under 
 the flag of the Union, that they now retain only the States 
 of Georgia, Alabama, and Texas, with half of Virginia, half 
 of North Carolina, two thirds of South Carolina, half of 
 Mississippi, and one third respectively of Arkansas and 
 Louisiana. The national forces hold even this small terri- 
 tory in close blockade and siege. 
 
 This Government, if required, does not hesitate to submit 
 its achievements to the test of comparison ; and it maintains 
 that in no part of the world, and in no times, ancient or 
 modern, has a nation, when rendered all imready for combat 
 by the enjoyment of eighty years of almost iiu' ; ' i j i -i-, 
 so quickly awakened at the alarm of sedi t i . i i ; ii- 
 
 ergie.s so vigorous, and achieved succe— - nd 
 
 effective, as those which have marked the j; in ^ . i tiiis 
 contest on the part of the Union. 
 
 M. Drouyn de I'Huys, I fear, has taken other light than 
 the correspondence of this Government for liis guidance, in 
 ascertaining its temper and firmness. lie has probably 
 read of tli\-isiOQS of sentiment among those who hold them- 
 selves forth as organs of public opinion here, and bus given 
 to them an undue importance. It is to be reni.mliind 
 that this is a nation of thirty millions, civilly divided into 
 forty-one States and Territories, which cover an expanse 
 hardly less than Europe ; that the people are a pure democ- 
 racy, exercising everywhere the utmost freedom of speech 
 
 andsuffrage; that a gi-eat crisis n- ni!' ; ^, ■ \ -hc-- 
 
 ment as well as profound debat. . \ j i i ■ i^ o| 
 
 individual, local, and sectional in and 
 
 ambitions, and that this heat of C'l ;Kv 
 
 the intervention of speculation^, n: i . md 
 
 passions from every other part ot I : Mis 
 
 liowever, through such debates til I ! ;' ihv 
 
 nation upon any subject is liabitu J !.\ 1 1 1 . 1 1 1 ;, , - i - lu- 
 tion formed, and its policy estul!li^llfMl. \\ UiK: tiicio luii 
 been much difference of jiopular ojiinion and f ivor ccm- 
 cerning the agents who shall carry on the 
 pies on which it shall be waged, and tli" oh 
 it shall be prosecuted, M. Drouyn ih- 11 lii> 
 fer to the statute book of Congress aiii iln 
 nalices, to learn that the national a. tivi 
 been, and yet is, as efficient as that ol any .ilii nation- 
 whatever its form of government'— ever wa-. nnile: .ileum 
 stances of equally grave import t') itx p( aee, >:i:. ly and 
 welfare. Not oiu) voice has been riiis-cd any \vli. i .■, cni ul 
 the iiniuodiate rv\-\ '■\ l!i ■ in uiiectio:\, in favor of foreign 
 intervention, cif n. : artiitration, or of conipro- 
 
 misi', with the rln. : . m ni if one acre of the national 
 domain, or the sill I :l. : .1 . > -n one constitutional fran- 
 chise. At the same time, it is manifest to the world that 
 our resources are yet abundant, and our credit adequate to 
 the existing emergency. 
 
 What M. Drouyn de I'Huys suggests is that this Govern- 
 ment shall appoint commissioners to meet, ou neutral 
 ground, commissioners of the insurgents. He supposei» 
 that in the conferences to be thus held reciprocal complaints 
 could be discus.sed, and in place of the accusations which 
 the North and the South now mutually cast upon eacl; 
 other, the conferees would be engajicd with discu.-sions dl 
 the interests which divide them. Ho assumes, furllier, ' liai 
 
 h which 
 ly to re 
 ive ordi- 
 lutherto 
 
340 
 
 OUR FOREIGN RELATIONS. 
 
 tlie commissioners would seek, by means of well-ordered 
 and iirolbuiid doliberntion, whether these interests are de- 
 finitively irreconcilable, whether separation is an extreme 
 that can no longer be avoided, or whether the menioiios of 
 a common existence, the tics of every kind which have 
 made of the North ar.d the South one whole Federative 
 State, and have borne them fin to so high a degree of pros- 
 perity, are not more powerful than the causes which have 
 placed arms in the hands of the two populations. 
 
 The suggestion is not an extraordinary one, and it may 
 well have been thought by the Emperor of the French, in 
 the eariiestiies!) of his benevolent desire for the restoration 
 of peace, a feasible one. But when M. Drouyn de I'iiuya 
 shall come to review it in the light in which it must neces- 
 sarily be examined in this country, I think he can hardly 
 fail to perceive that it amounts to nothing less than a propo- 
 sition that, while this Government is engaged in suppressing 
 an armed iusxirrectioc, with the purpose of maintaining the 
 constitutional national authority, and preserving the In- 
 tegrity of tjje coantry, it shall enter into diplomatic discus- 
 sion with the insurgents upon the questions whether that 
 authority shall not be renounced, and whether the country 
 shall not be delivered over to disunion, to be quickly fol- 
 lowed by ever increasing anarchy. 
 
 If it were possible for the Government of the United 
 States to compromise the National autliority so far as to 
 enter into such debates, is it not easy to perceive what good 
 results could be obtained by them. 
 
 The commissioners must agree in recommending either 
 that the Union shall stand, or that it shall be voluntarily 
 dissolved ; or else they must leave the vital question unset- 
 tled, to abide at last the fortunes of the war. The Govern- 
 ment has not shut out knowledge of the present temper, 
 any more than of the past purposes of the insurgents. 
 There is not the least ground to suppose that the con- 
 troling actors would be persuaded at this moment, by 
 any arguments wlych national comnnjioners could off^T, 
 to forego the ambition that has impelled them to the dis- 
 loyal position they are occupying. Any commissioners who 
 should be appointed by these actors, or through their dic- 
 tation or influence, must enter the conference imbued with 
 the spirit, and pledged to the personal fortunes of the in- 
 surgent chiefs. The loyal people in the insurrestionary 
 Ptates would be unheard, and any offer for peace by this Gov- 
 ernment, on the condition of the maintenance of the Union 
 must necessarily be rejected. 
 
 On the other hand, as I have already intimated, this Gov- 
 ernment has not the least thouglit of relinquiahiHg the 
 trust which has b "en confided to it by the nation, under 
 the most solemn of all political sanctions; and if it had any 
 such thought, it would still have abundant reason tt' know 
 that peace proposed at the cost of dissolution would bo im- 
 niediatelv, unreseivedly, and indignantly rejected by the 
 American people. It is a great mistake that European 
 statesmen make, if they suppose this people aredemorali^ed. 
 Whatever, in the case of an insurrection, the peopl.! of 
 France, or of Great Britain, or of Switzerland, or the Ne.\h- 
 erlands would do to save their national existences, no mat- 
 ter how the strife might be regarded by or affect forei|n 
 nations, just so much, and certainly no less, the people vT 
 the United States will do, if necessary to save for the coip- 
 mon benefit the region which is bounded by the Pacific and 
 Atlantic coasts, and by the shores of the Gulfs of St. La^\'- 
 rence and Mexico, together wilhthe free and common navi- 
 gation of the Rio Grande, Missouri, Arkansas, Mississippi^ 
 Ohio, St. Lawrence, Hudson, Delaware, Potomac, and other 
 natural highways by which this land, which to them is a>. 
 once a land of inheritance an I a land of promise, is openeo' 
 and watered. Ev n if the agents of the American people 
 now exercising their power, should, through fear or faction , 
 fall below this height of tlie national virtue, they would 
 be speedily, yet constitutiimally, replaced by others oi' 
 sterner character and patriotism. 
 
 I nmst be allowed to say, also, that M. Drouyn de I'lluyii 
 errs in his description of the parties to the present coiiHiVt 
 We have here, in a political sense, no North and South, nc 
 southern and northern States. We have an insurrectionnrj 
 party, which is located chiefly upon and adjacent to tht 
 shore of the Gulf of Mexico; and we have, on the otlui 
 hand, a loyal people, who constitute not only northern 
 States, but also eastern, middle, western, anil southern 
 States. 
 
 I have on many occasions heretofore submitted to the 
 French Government the President's views of tin- intrf,.vts 
 and the ideas more effective for the time than evn int^ir^t- 
 whirli lie at the bottom of the American Govi-innunil ami 
 people to sustain the Federal Union. The President hat 
 done th(! same thing in his messages and other public dec- 
 larations. I refrain, therefore, from reviewing that argu- 
 ment in connection with the existing question. 
 
 M. Dronyri de I'lluys draws to his aid the conferences 
 which took niace between the colonies and Great Britain, in 
 our Revolutionary war. He will allow us to assume, that 
 action in tho crisis of a nation must accord with its neces- 
 
 sities, and therefor» can seldom be conformed to precedents. 
 Great Britain, when entering on the negotiations had man- 
 ifestly come to entertain doubts of her ultimate success; 
 and it is certain that the councils of the colonies could not 
 fail to take new courage, if not to gain other advantage, 
 when the parent State compromised so far as to treat of 
 peace on the terms of conceding their independence. 
 
 It is true, indeed, that peace must come at some tinif^. and 
 that conferences must attend, if they nrr not allowed to 
 precede the pacification. There is, however, a IjctUr lorni 
 for such confereuces than tho one wliieli M. Urouyu de 
 riluys suggests. The latter wouM i e ]i ,!■ ;,l !,- in ,iero-a- 
 tio;i of the Constitution of (lie I Hii .1 ^: n . and v,-..iild 
 carry no weiglit because demitute ol tlie ^an tiiui neces:^ary 
 to bind either the disloyal or tlio loyal portions of the 
 people. On the other hand, the Congress of tho United 
 States furnishes a constitutional forum for debates between 
 the alienated parties. Senators and Representatives from 
 the loyal portion of the people are there already, freely 
 empowered to confer; and seats also are vacant, and invit- 
 ing Senators and Representatives of the discontented p:irty 
 who meiy be constitutionally sent there from the folates in- 
 volved in the insurrection. Moreover, the coufercneea 
 which can thus be held in Congress have this great advan- 
 tage over any that could be organized upon the plan of M. 
 Drouyn de I'Huys, namely: that the Congress, if it were 
 thought wise, could call a national convention to adopt its 
 recommendations, and give them all the solemnity and 
 binding force of organic law. Such conferences between 
 the alienated parties may be said to have already begun. 
 Maryland, Virginia, Kentucky, Teimessee, and IMissouri — 
 States which are claimed by the insurgents — are already 
 represented in Congress, and submitting with perfect free- 
 dom, and in a proper spii-it, their adv' -e upon the course 
 best calculated to bring about, in the shortest time, a firm, 
 lasting, and honorable peace. Representatives have been 
 sent, also, from Louisiana, and others are understood to bo 
 coming from Arkansas. 
 
 There is a preponderating argument in favor of the con- 
 gressional form of conference over that which is suggested by 
 Si. Drouyn de I'lIuys, namely : that while an accession to 
 the latter would bring this Government into a concurrence 
 with the insurgents in disregarding and setting aside an im- 
 portant part of tho Constitution of the United States, and 
 so would be of pernicious example, the congressional con- 
 ference, on the contrary, preserves and gives new strength 
 to that sacred writing which must continue througli future 
 ages the sheet anchor of the Republic. 
 
 You will be at liberty to read this dispatch to M. Drouyn 
 de riluys, and to give him a copy, if he shall desire it. 
 
 To the end that you may be informed of the whole case, 
 I transmit a copy of M. Drouyn de I'lluys's dispatch. 
 I am, sir, your obedient servant, 
 
 WILLIAM II. SEWARD. 
 
 RESOLUTIONS OF CONGRES.S UPON FOREIGN 
 MEDLVTION. 
 
 Third Session, Thirty-Seventh Congress. 
 
 Whereas it appears from the diplomatic coirpspondcnce 
 submitted to Congress that a proposition, friendly in form, 
 looking to pacification through foreign mediation . has been 
 made to the United States by the Empef r of the French 
 and promptly declined by the President: and whereas the 
 idea of mediation or intervention in some sha e may be re- 
 garded by foreign governments as piacti -able, and such 
 governments, through this misunderstanding, may be led 
 to proceedings tending to embarrass the friendly relations 
 which now exist between them and the United lates; and 
 whereas, in order to remove for the future all chance of 
 misunderstanding on this subject, and t<i se ure, for the 
 United States the full enjoyment of that fn^edom from for- 
 eign inter. erenco which is one of the higliest rights of in- 
 dependent States, it f eems fit that Congress should declare 
 its convictions thereon : Therefore, 
 
 Il'-solved, (the House of Representatives concurring.) That 
 while, in times past, the United States have s mglit and ac- 
 cepted the friendly mediation or arbitration of foreign pow- 
 erH for the pacific adjustment of international questions, 
 where th*- United States were the party of tlie one part and 
 some other sovereign power the party of the other part ; 
 and while they are not disposed to misconstrue the natural 
 and humane des re of foreign powers to aid in arresting do- 
 mestic troubles, wlvich, widening in their influ-'nce, have 
 afflicted other countries, especially in view of the circum- 
 stance, deepiv regietteil by the Ameri 'an people, that the 
 blow aimed by tlie rebellion at the national life lias fallen 
 heavily upon "the laboring jiopulation of Europe; yet, not- 
 withstanding these things, Congress cinnot hesitate to re- 
 gard every proposition of foreign interference in the jiresent 
 contest as so far unreasonable and inailTii-sible that its only 
 u:xjiltnjtion will be found in a misunderstanding of the 
 
OUR FOREIGN RELATIONS. 
 
 347 
 
 true state of the question, and of the real character ->f the 
 war in Avhirh the ll»public is •■ug-.iged. 
 
 2. That the United States are now sirappling with an un- 
 provoked and wicked robellion, which is seelcing the de- 
 struction of the Republic that it may build a new power, 
 whose corner-stone, according to the confession of its chiefs, 
 shall be slavery ; that for the suppression of this rebellion, 
 and thus to save the Kepublic aud to prevent the establish- 
 ment of sucli a power, the national Government is now 
 employing armi"s and fleets in full faith that through those 
 efforts all the piuT)ose of conspirators and rebels will bo 
 crushed ; that while engaged in this struggle, on which so 
 much depends, any proposition from a foreign power, what- 
 ever form it may take, having for its object the arrest of 
 these efforts, is, just in proportion to its influence, an en- 
 com'agement to the rebellion and to its declared principles, 
 aud on this account, is calculated to prolong and imbitter 
 the conflict, to cause increased expenditure of blood and 
 treasure, and to postpone the much desired day of peace ; 
 that, with these convictions, and not doubting that every 
 such proposition, althougli made with good intent, is inju- 
 rious to the national interests. Congress will bo obliged to 
 look upon any further attempt in the same direction as an 
 unfriendly act, which it ea-nestly deprecates, to the end 
 that nothing may occiu' abroad to strengthen the rebellion 
 or to weaken those relations of good will with foreign pow- 
 ers which the United States are happy to cultivate. 
 
 3. That the rebellion from its beginning, and far back 
 even in the conspiracy which preceded its outbreak, was 
 encouraged by the hope of support from foreign powers ; 
 that its chiefs frequently boasted that the people of Europe 
 were so far dependent "upon regular supplies of the great 
 southern staple that sooner or later their governments 
 would be constrained to take side with tlie rebellion in 
 some eflective form, even to the extent of forcible interven- 
 tion, if the milder form did not prevail ; that the rebellion 
 is now sustained by this hope, which every proposition of 
 foreign interference quickens anew, and that without this 
 lifo-giring support it must soon yield to the just and pater- 
 nal authority of the national Government ; that, consider- 
 ing these things, which are aggravated liy the motive of the 
 resistance thus encouraged, the United States regret that 
 foreign powers have not frankly told the chiefs of the rebel- 
 lion that the work in which they are engaged is hateful, 
 and that a new government, such as they seek to found, 
 with .slavery as its acknowledged corner-stone, and with no 
 other dfclaifd object of separate existence, is so far shock- 
 ing to civilization and the moral sense of mankind that it 
 must not expect welcome or recognition in the common- 
 wealth of nations. 
 
 4. That the United States, confident in the justice of their 
 cause, whicli is the cause also of good government and of 
 human rights everywhere among men ; anxious for the 
 Bpeedy restoration of peace, which shall secure tranquillity 
 at hoine and remove all occasion of complaint abroad; and 
 awaiting with well-assured trust the final suppression of the 
 rebellion, tlirough which all these things, rescued from 
 present danger, will be secured forever, and the Republic, 
 one and indivisible, triumphant over its enemies, will con- 
 tinue to stand an example to mankind, hereby announce, 
 as their unalterable purpose, that the war will be vigorously 
 prosecuted, according to the humane principles of C'liristian 
 States, until the rebellion shall be suppressed; and they 
 reverently invoke upon their cause the blessings of Almighty 
 God. 
 
 5. That the President be requested to transmit a copy of 
 these resolutions, through the Secretary of State, to the 
 ministers of the United States in foreign countries, that 
 the declaration and protest herein set forth may be com- 
 municated by them to the government to which they are 
 accredited. 
 
 1863, iMarch 3 — The resolutions were passed 
 by the Senate^yeas 31, nays 5, as follows: 
 
 Teas— Messrs. Anthony, Arnold. Chandler, Clark, Colla- 
 nier, Darif, Dixon, Doolittle. rc^-i.-inliu, I'lmt, Foster, 
 Grimes, Harding, Uarlan, Harris, II' iil' r~ ii. Hicks, IIow- 
 ai'd, Howe, King, Lane of Indiana. ."^I Tiiil. .\ .■jut'i. Pom- 
 eroy, Sumner, Ten Eyck, Trumbull, ^\ aUe, \ViiKy, Wilmot, 
 WiNon of JNIassachusetts — 31. 
 
 X.\YS — Messrs. Carlile, Latham, PoiceU, Saulshury, Wall 
 —5. 
 
 18G3, March 3 — The above resolutions were 
 considered in the House. 
 
 Mr. V.xLLANDiGHA.M moved to lay them on the 
 table ; which was negativei! — yeas 29, nays 92. 
 
 The5' were then passed — yeas 103, nays 28, 
 as follows : 
 
 Te.\s— Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Baihj, Baker, Baxter, Bingham, Jacob B. Blair, Samuel S. 
 Blair, Blake, Bridges, AVilliam G. Brown, Euluuton, Camp- 
 
 hell. Casey, Chamberlain. Clark, CTements, Colfax, Freder- 
 ick A. Conkling, Roscoe Conkling, Conway, Covodp, Cutler, 
 Dawos, Dunn, Edgerton. Eliot, Ely. F'Uton, Samuel C. Fes- 
 sendon, Thomas A. D.ri-i; '. ;<. I i li r. Flanders, Franchot, 
 Frank, Gooch. Goouwi . < ; iidey, Haigld, H.ile, 
 
 Harrison, Horton.IIu;.. •' . l\v:i.>y,Fr;iUci.^ W. Kel- 
 
 logg, William Kelln::;, 1 , .' '. Lniiiiii.-:, Low, Mc- 
 
 Indoe, McKoiin. "^I ^^ ': . . '^V.' ;■ n. Maynard, 
 
 Mitoliell, Mc. li. I : '•■ ^. MoiTill, 
 
 Nixon, Olin. 1' ' . i ' . i I' i; •. Pomeroy, 
 
 Porter, Alexaiid. r 11. Ki .. ■' i>ii li. \'.: ■. I ; .v. ard II. Rol- 
 lins, Sargent, Se.l-wick, f^liuuk-', SI„'Xn,hi, Shellabarger, 
 Sloan, Smith, Spaulding, Stevens, Stratton, Benjamin F. 
 Thomas, Francis Thomas, Train, Trimble, Trowbridge, Van 
 Talkenburgh, Van Wyck, A'erree, Walker, AVallace, Wash- 
 burne, Webster, Wheeler, Albert S. White, Wilson, Windom, 
 Worcester, Wright— IQZ. 
 
 N.\TS— Messrs. William Allen. Ancona, Calvert, Critten- 
 den, Dunlap, Grider, Johnson, Kerrigan, Knapp, Lazear, 
 Mallory, May, Nohlf, Norton, Nugen, Pendleton, Ptrry, Price, 
 Pobinson,Slnd, Stiles, Vallandigham, Voorhees, Wadsworth, 
 Ward, Chilton A. White, Wickliffe, Feaman— 28. 
 
 LETTER OF LORD LYONS TO EARL RUSSELL RE- 
 SPECTING MEDIATION. 
 
 W.\sniMGTOX, Kovemher 17, 1862. 
 In his dispatches of the 17th and of the 2-lth ultimo, and 
 of the 7th instant, Mr. Stuart reported to your lordship tho 
 result of the elections for members of Congress and State 
 officers, which have recently taken place in several of the 
 most important States of the Union. Without repeating 
 the details, it will be sufficient for me to observe that the 
 success of the Democratic, or (as it now styles itself) the 
 Conservative Party, has been so great as to manifest a 
 change in public feeling, among the most rapid aul the 
 most complete that has ever been witnessed, even in this 
 coimtry. 
 
 On my arrival at New York on the Sth instant I found 
 the Conservative leaders exulting in the crowning success 
 achieved by the party in that St;ite. Th . : ; .i Itoie- 
 joice, above all, in the conviction that i ; 1 ■ v and 
 
 freedom of speech had been secured fi r i i ; ; State 
 
 ofthoUnion. They believed tli:t the i ■ ' v ii -tat 
 once desist from exerci-ii: i-. t'; -' • ^ - ,-. ihe 
 
 extraordinary (and as tl \ \ i :■ ' :. I un- 
 
 constitutional powers \\ ],]'.'• I . v.ere 
 
 confident that at all ev i: - ; It ;■ i:,,> ! t , .' ,i.,i y iivxt, 
 on which day the newly tlected Governor v.-ouM come into 
 office, the suspension of the writ of habeas coi-jnis could not 
 be practically maintained. They seemed to be persuaded 
 that the result of the elections would be accepted by the 
 President as a declaration of the will of the people ; that he 
 would increase the moderate and conservative element in 
 the Cabinet ; that he would seek to terminate the war, not 
 to push it to extremity; that he would endeavor to effect a 
 rect)nciliation with the people of the South, and renounce 
 the idea of subjugating or exterminating them. 
 
 On the following morning, however, int. Iliu.nre .inivrd 
 from Washington which da.>hed the li 'i^ i, i - ■(' the 
 Cousen-ativos, It was announced that > > .^1 ■ !■ ll;ia 
 had been dismissed from the comma)) 1 i i i t!io 
 
 Potomac, and ordered to repair to hi.. ! .. . i . i li li::d, 
 in fact, been removed altogether from active .service. Tho 
 general had been regarded as tho repnescntative of Con- 
 servative principles in the army. Support of him had be;!, 
 made one of the articles of the Conservative elector.il pro- 
 gramme. His dismissal was taken tus a sign thf.t the Pres 
 ident had thrown himself entirely into the iirms of the 
 extreme radical party, and that the attempt to carry oui 
 the policy of that party would be persisted 'n. The irrila • 
 tion of the Conservatives at New York was certainly verj 
 great ; it seemed, however, to be not unmixed with con 
 sternation and despondency. 
 
 Sev. ral of the leaders of ihe Democratic party sought in 
 teiviews me. both before and after ihe arrival . f t!u- i:r. I 
 ligence ol General McCIellan's dismissal. The suliject tii>- 
 permost in their minds while they were .sneaking to me 
 was naturally that of foreign medi-ition belweiii the Nortli 
 and South. .Many of them seem.^d to think that this me.li. 
 ation must come at last, but they appe.ired to be vc y niueh 
 afraid of its coming too soon. It w s evidiiit tliat they ap- 
 preiiended that a premiitiiie jinipusa! of foiei_cn i terven 
 tion would afford the Rai'.ical party a ineiiisi fieviviii.; ilie 
 violent war spirit, a;id of thus del'eatiug tho p. ;;(eful pla.-js 
 of the Conservatives. They appei'red to regaid tli(> i re.seiit 
 nrment iis peculiarly unfav(.rable for such an ofler, a d 
 indeed, to hold that it would be essential to the s ccesi of 
 any proposal from abroad that it should be defeneJ until 
 the control of the Executive Go»ernmeut should be in the 
 hands of Ihe Conservative jiarlv. 
 
 1 gave 1)1) opinion on thf subject. I did not say whetbrr 
 or no 1 myself thought fjreigD intervention probable or ad- 
 
S48 
 
 OUR FOREIGN RELATIONS. 
 
 visable. but T listened with attention to tlie ttccounts given 
 nie of the i)lans and hopes of the Conservative party. At 
 tUe bottom I ihousht I perceived a dLsini to put an end to 
 the war, even at the risk of losing the southern States alto- 
 gether ; but it was plain that it was not tliough' pr>idBnt 
 to avow this desire. Indeud some hints of it, dropped be- 
 fore the elections, were so ill received that a strong decla- 
 ration in the contrary sense was deemed necessary by the 
 Democratic leaders. 
 
 At tbe present moment, therefore, the chiefs of the Oon- 
 servative party call loudly lor a more vigorous prosecution 
 of the war, and reproach the Government with slaclcnessas 
 well as with want of success in its military measures. But 
 they repudiate all idea of interfering with the institutions 
 of the southern people, or of waging a war of subjugation 
 or extermination. They maintain that tbe object of the 
 military operations should be to place the North in a posi- 
 tion to demand <an armistice with^honor and effect. The 
 armistice should (they hold) be followed by a convention, 
 in which such changes of the Constitution should be pro^ 
 posed as would give tbe South ample security ontlie subject 
 of its slave property, and would enable the North and the 
 South to reunite and to live togetlier in peace and harmony. 
 Tbe Conservatives profess to think that theSoutti might be 
 induced to take part in sucli a convention, and that a res- 
 toration of the Union would bo the result. 
 
 Tbe more sagacious members of the party mvist, however, 
 look upon the proposal of a convention merely aa a last 
 experiment to test the possibility of reunion. They are no 
 doubt well aware that the more probable consequence of 
 an armistice would be the establishment of Southern inde- 
 pendence, but they perceive that if the South is so utterly 
 alienated that no possible concessions will induce it to re- 
 turn voluntarily to tbe Union, it is wiser to agree to separa- 
 tion than to prosecute a cruel and hopeless war. 
 
 It is vrith reference to such an armistice as they desire to 
 attain, that the leaders of the Conservative party regard the 
 question of foreign mechation. They think that the offer 
 of mediation, if made to a radical administration, would be 
 rejected; that, if made at an unpropitious moment, it 
 might increase the virulence with which the war is prose- 
 cuted. If their own party were in power, or virtually con- 
 trolled the administration, they would rather, if possible, 
 obtain an armistice without the aid of foreign governments, 
 but they would be disposed to accept an offer of mediation 
 if it appeared to bo the only means of putting a stop to 
 hostilities. They would desire that tbe ofTer sliould come 
 from the great powers of Europe coiijuintly, and in particu- 
 lar that as little prominence as possible should be given to 
 Great Britain. 
 
 At Washington I have had fewer opportunities than I 
 had at New York of ascertaining the present views of the 
 chiefs of the political parties. At tbe interview which I 
 had with Mr. Seward the day after my arrival he showed 
 no disposition to enter upon political matters. lie did not 
 appear to expect or to desire to receive from me any special 
 communication from her Majesty's government. The 
 President, when I waited upon him, talked to me only on 
 ordinary topics. I, for my part, gladly shunned all allusion 
 to foreign intervention, my principal object being to avoid 
 Baying anything which might tmbarrass me in carrying 
 out any instructions on the subject which I may receive 
 from your lordsliip. 
 
 All things considered, my own opinion certainly is that 
 the present moment is not a favorable one for maldng an 
 offer of mediation. It might embarrass the peace party, 
 and even oblige them, in order to maintain their popularity, 
 to make some declaration against it, and this might make 
 it difiicuU for them to accept a similar offer at a more 
 propitious time. It would in all probability be rejected by 
 tlie President, who appears to have thrown himself into 
 tlie arms of the extreme radical party. 
 
 The views of that party are clear and definite. They 
 declare that there is no hope of reconciliation • with the 
 .Southern people; that the Wiir must be pursued, per fas et 
 n«fas, until the disloyal men of the South are ruined and 
 Bubjugated, if not exterminated; that not an inch of the 
 old territory of the Republic must be given up; that 
 foreign intervention, in any shape, must be rejected and 
 resented. This party would desire to turn an offer of 
 mediation to account, for the purpose of inflaming the war 
 spirit and producing a reaction against the Conservatives. 
 
 Is is probable, too, that the Government would urge, in 
 answer to an offer of mediation, that it has by no means 
 abandoned the hope of putting down the rebellion within a 
 reasonable time ; that at all events, this is not a moment 
 at which it can reji-sonably be called upon to put a stop to 
 hostilities. It would observe that the armies of the United 
 States are everywhere advancing, and that expeditions are 
 prep.ared against Texas, aa well as against Charleston, Mo- 
 Ijile, and other points on the coiist. It would point out 
 tliat jthad equipped a considerable number of war-vessels, 
 iron-clad as well as others, at a vast expense; tbat the sea- 
 6i'U had just arrived when the autumn rains would render 
 
 I the rivers navigable by armed vessels, and when the South 
 ' ern coast would be free from epidemic disease;. 
 
 It miglit even represent an advance of the Army of the 
 Potomac to Richmond as a probable event. The e.vpuricuce 
 of tlio past is certainly not calculated to inspire any great 
 confidence in the results of these wanikc preparations, but 
 the political interests of the party now in power render :i 
 continuance of the war a necessity tg it. Il . : i i ii u of 
 regaining its lost popularity lies insucce^ ill I i- 
 
 ations. Unless it can obtain .a much hi- lir . > i , ; i c ■ 
 
 estimation than it now occupies, not only wi I 1 1 i n 1 1 of 
 power become extremely precarious, but soiii'> ol' its loiLd- 
 iug members may be called to a severe account for tlieir 
 extra-legal proceedings. During the session of ('ongre^s 
 which begins next month, the present Administratioii h ls 
 indeed reason to expect an uncompromising support from 
 a majority of both Houses of Congress. But on the 4th of 
 March next, the existing House of Representatives is dis- 
 solved by the terms of the Constitution, and at the same 
 time several of the present Senators go out of office. The 
 majority of the members chosen at the recent elections for 
 the new House of Representatives are of the Democratic or 
 Conservative party, and in some States, Senators of that 
 party will be returned in the room of those whose term of 
 office expires next March. The new Congress is likely 
 to he hostile to the Administration and to the Radical 
 party ; and although it will not, in the onlin i \ i mr- of 
 things, assemble until the last month oi n , ■, i ilio 
 President will hardly be able to persist in 1 1 ; i, o y 
 
 and in his assumption of extraordinary po\ : - u ;; ^ h' 
 can,' in virtue of military successes, obtain a re^iutation 
 with the people which will sustain him in a contest with 
 the Legislature. 
 
 It would seem, then, to be vain to make an offer of me- 
 diation to the present Government, in their present mood, 
 with any notion that it would be accepted. A change of 
 mood may, however, take place after the 4th of March, if 
 no great military successes occur in the interval. Such a 
 change may possibly be produced sooner by military re- 
 verses. A proposal, however, to mediate, made even under 
 the present circumstances, by three or more of the great 
 powers of Europe conjointly might not produce any great 
 inconvenience. 
 
 It is, indeed, urged by some people that mediation should 
 be offered, not so much with a view to its being aecepted aa 
 to its clearing the way for a recofrnitiou of ih ■ Soutln ru 
 Confederacy. And, indeed, if it were dot riiiind tli,it iho 
 time had come for recognizing tbat ronlc<|,i- m\, n idnilit 
 an offer of mediation would be a suitable preliniiiimy. l!ut 
 I do not clearly understand what advantage is expected to 
 result from a simple recognition of the southern govern- 
 ment ; and I presume that the European powers do not con- 
 template breaking up the blockade by force of arms, or en- 
 gaging in hostiUtics with tbe United States in support of 
 the independence of the South. 
 
 I have, indeed, heard it maintained that Great Britain 
 should recognize the independence of the South as soon as 
 possible, with a \'iew to impede the success of the efforts of 
 the conservative party to reconstruct the Union. The ad- 
 vocates of this opinion consider a re-union as a probable 
 event, and apprehend that the first result of it would bo 
 that the combined forces of the North and the South would 
 be let loose upon Canada. I certainly do not at present 
 share these apprehensions. All hope of the reconstruction 
 of the Union appears to be fading away, even from tho 
 minds of those who most ardently desire it. But if the re- 
 construction be still possible, I do not think we need con- 
 clude that it would lead to an invasion of Canada, or to any 
 consequencesinjiU'ioustoGreat Britain. At any ratedaiigers 
 of this kind are remote. The immediate and o'lvious in- 
 terest of Great Britain, as well as of the rest i4' Europe, is 
 that peace and prosperity should be restored to tliis country 
 as soon as possible. The point chiefly worthy of consider- 
 ation appears to be whether separation or reunion bo tho 
 more likely to effect this object. 
 
 The French in Mexico. 
 
 Third Session, Thirty-Seventh Congress. 
 IN SENATE. 
 
 1863, January 19 — Mr. McDougall offered 
 the following concurrent resolutions: 
 
 Resolved hy the Senate, (the House of Representatives 
 concurring,) That the present attempt bv the government 
 of France to subject the Republic of Mexico to liei- author- 
 ity by armed force is a violation of the established and 
 known rules of international liw, and that it is, moreover, a 
 violation of the faith of France, pledged by the treaty made 
 at London on the 31st day of October, 1831, between the 
 allied governments of Spain. Fninee, and England, commu- 
 nicated to this Government over the signatures of the ro- 
 
OUR FOREIGX RELATIONS. 
 
 310 
 
 preaentatives of the allies by letter of the 30th day of No 
 vember, 1"6I, and particularly and repoaledly HSsurod to 
 this Government through its ministers resident at the Court 
 of France. * 
 
 Resolved further, That the attampt to subject the Repnb- 
 lic of Mexico to the French authority is an act not merely 
 unfriendly to this Republic, but to free institutions every- 
 where, aiid that it is regarded by this Republic as not only 
 unfriendly, but as hostile. 
 
 Resolved, further. That it is the duty of this Republic to 
 require of the government of Franoe that her armed forces 
 be withdrawn from the territories of Mexico. 
 
 Resolved further. That it is the duty and proper office of 
 this Republic now, and at all times, to lend such aid to the 
 Republic of Mexico as is or may be required to prevent the 
 forcible interposition of any of the States of Europe in the 
 political affairs of that Republic. 
 
 Resolved further. That the President of the United States 
 be requested to cause to be communicati d to the govern- 
 ment of Mexico the views now expressed by the two Houses 
 of Congress, and be further requested to cause to be nego- 
 tiated such treaty or treaties between the two Republics as 
 will best tend to make these views effective. 
 
 1863, February 4 — The resolutions were, on 
 motion of Mr. Sumner, laid on the table — yeas 
 34, nays 10, as follows : 
 
 Yeas— Messrs. Anthony, Arnold, Carlile, Chandler, Clark' 
 CoUamer, Cowan, Davis, Dixon, Doolittle, Fessenden, 
 Foot, Foster, Grimes, Hale, Hardin/;, Harlan, Harris, Hen- 
 derson, Howard, Howe, King, Lane of Indiana, Lane of Kan- 
 sas, Morrill, Pomeroy, Sherman , Sumner, Ten Eyck, Wade, 
 TVilkinson, Wilmot, Wilson bf Massachusetts — 34. 
 
 Nats Blessrs. Kennedy, Laihanl. McDcmgall, Pmvell, 
 Rice, Richardson, Saulsbury, Trumbull, Turpie, Wilson of 
 Missouri— 10. 
 
 First Session, Thirty-Eighth Congress. 
 IN SENATE. 
 
 1864, Jan. 11 — Mr. McDougall offered this 
 joint resolution, which was referred to the 
 Committee on Foreign Relations : 
 
 IN RELATION TO THE OCCUPATION OF MEXICO. 
 
 Resolved, rfc, That the occupation of a portion of the 
 territory of the Republic of Mexico by the armed forces of 
 the government of France, with the purposes avowed by 
 the government of France, is an act unfriendly to the Re- 
 public of the United States of America. 
 
 Sec. 2. A)id be it further resolved. That It is the duty of 
 the proper department of this Government to demand of 
 the government of France the withdrawal of her armed 
 forces from the Mexican territory within a reasonable 
 time. 
 
 Sec. 3. And he it further resolved. That in the event the 
 government of»Franco shall decline or refuse to so with- 
 draw her armed forces, or shall fail to take measures to 
 that effect, on or before the fifteenth day of March next, 
 then it will become the duty of the Congress of the United 
 States of America to declare war against the government 
 of France. 
 
 June 14 — Mr. McDougall sought to intro- 
 duce this resolution, but objection was made : 
 
 Resolved, That the people of the United States can never 
 regard with iudiflerence the attempt of any foreign power 
 to overthrow by force or to supplant by fraud the institu- 
 tions of any republican government on the western conti- 
 nent, and that they will view with extreme jealousy, as 
 men.aciug to the peace and independence of their own 
 country, the efforts of any such power to obtain any footholds 
 for monarchical Governments sustained by foreign military 
 force in near proximity to the United States. 
 IN HOUSE. 
 1864, April 4— Mr. H. Winter Davis, from 
 the Committee on Foreign Affairs, reported to 
 the House of Representatives the following 
 joint resolution, which was passed — yeas 109, 
 nays none, as follows : 
 
 Yeas — Messrs. James O. Allen, William J. Allen, Alley, 
 Allison, Ames, Ancona, Anderson, Arnold, Ashley, Baily, 
 Augustus C. Baldwin, John D. Baldwin, Baxter, Beaman, 
 Blaine, Francis P. Blair, jr., Bliss, Blow, Boutwell, Boyd, 
 Brooks. Broomall, James S. Brown, William G. Brown, 
 Chanter, Ambrose W. Clark, Clay, Cobb, Cole, Cox, Cravens, 
 Creswell, Henry Winter Davis, Thomas T. Davis, Dawson, 
 Denison, Dixon, Driggs, Dumont, Eckley, Eden, Etdridge, 
 Eliot, JSuglislt. Fenton, FiiicJi, Frank, Gansmi, Garlield, 
 Gooch, Gridc)-, Grinnell, Griswold, Hale, Harding, Harring- 
 
 trm, TTerricl; Higby, ITnlman, Hooper, Hotcbkiss, Asahel 
 W. Hubbard, Jenclies, Philip Johnson, .Tulian. Kathfleisch. 
 Kasson. Krllcy. Tran. is W. K-,'II.Mrfr, Oil.nndo K.-!lo-g. AV.-- 
 
 V'ln, K;:,,,'. r . r. - ;■, ;...-;•. !,..i, ■;. a. . !-■■■.,■;/, Mircy, 
 
 Odr!!. ( ■, :^ ^ :i ■ . ./ '-■,.',■:. 1' , ■.. yV»- 
 
 dlel'U. !■ .',. I ;,,:■:,.■■,,. ; , , •. •■/ J. 
 
 h-aw! ' . \ . :ii il. ;■ ... •'. .\: .-..;■:' i ' •■. / .l;a II. 
 Rico. /.■• , -■■. i:iw..^.; il. !:• .' V ;. . ^. !.-n.-k, 
 
 Scofield, .»-•.■'..'/, ,-^luinnnii, ti^li.n, . ;■ .-; il-Iin;.-, Starr, 
 John B. Steele. Stevens, «/■.-■. . . '■-.(', Thayer, 
 
 Tracy, Upson, Van Valkcnbui;!!. 1 . ir (•</, Ellihu B. 
 
 Washburnc, William B. Was!.bu:u. \', cl ^ler, Whaley, 
 Wheela; Chilton A. WInte, Joseph H'. White, Williams, 
 Wilder, Wilson, Windom, Winfeld, Benjamin Wood, Wood- 
 bridge, leaman- 109. 
 
 NAYS^None. 
 
 The resolution is as follows : 
 Relative to the substitution of monarchial for republican 
 Government in Mexico, under European auspices. 
 
 Resolved, (tc. That the Congress of the United States are 
 unwilling, by silence, to leave the nations of the world 
 under the impression that they are indifferent spectators of 
 the deplorable events now transpiring in the Republic of 
 Mexico ; and they therefore think fit to declare that it does 
 not accord with the policy of the United States to acknowl- 
 edge a monarcliical government, erected on the ruins of 
 any republican government in America, under the auspices 
 of any European power. 
 
 IN SENATE. 
 1864, April 5 — The resolution was referred 
 to the Committee on Foreign Relations, and it 
 remained unreported at the close of the session. 
 April 27 — Mr. McDougall offered a res'du- 
 tiou that the Committee on Foreign Relations 
 be instructed to report to the Senate the joint 
 resolution printed above. 
 
 May 28 — Mr. McDougall offered a resolution 
 that the committee be discharged from the sub- 
 ject, both of which went over. 
 IN HOUSE. 
 May 23— Mr. H. W. Davis offered this reso- 
 lution, which was agreed to without a division . 
 
 Whereas the following announcement appeared in th<» 
 Moniteur, the official journal of the French Government ; 
 
 " Le gouvernement de " The Emperor's Govern- 
 rEnipereur a regu du gou- ment has received from that 
 vernement des Etats-Unis of the United States satisfac- 
 des explications satisfai- tory explanations as to the 
 santes sur le sens etla porteo sense and bearing of the rcs- 
 de la resolution prise par olution come toby the IIouso 
 rasscmblee des representans of Representatives at Wasli- 
 k Washington, au siyet des ington relative to Mexico, 
 affairs du Mexico. 
 
 " On salt, d'ailleurs, que " It is known, besides, that 
 le Senat avait dej.\ ajourno the Senate had indefinitely 
 indefinement I'examen de postponed the examination 
 cette resolution, k laquelle, of that question, to which 
 dans tons les cas, le pouvoir in any case the executive 
 executif n'eut point accorde power would not have given 
 sa sanction." — Moniteur. its sanction." 
 
 Therefore, 
 
 Resolved, That the President be requested to communi- 
 cate to this House, if not inconsistent with the public in- 
 terest, any explauations given by the Government of the 
 United States to the Government of France respecting the 
 sen-^e and bearing of the joint resolution relative to Mexico, 
 which pa~sed the House of Representatives unanimously 
 on the 4th of April, ISM. 
 
 May 24 — The President transmitted the fol- 
 lowing correspondence, coimnunicated by the 
 Secretary of State, in response to the resolution 
 of the House : 
 
 Mr.. Seward's Letter to Mr. Datton, dated Department 
 OF State, Wasihncton, April 7, 1SG4. 
 
 I send you a copy of a resolution which passed the House 
 of Representatives on the 4th instant, by a unanimous vote, 
 and which declares the opposition of that body to a recog- 
 nition of a monarchy in Mexico. M. Geofrcy has lost no 
 time in asking for an explanation of this proceeding. 
 
 It is hardly necessary, .al'ter what I have heretofore writ- 
 ten with perfect candor for the iuformatioi, of Franco, to 
 
350 
 
 OUR FOREIGN RELATIONS. 
 
 say that this resolution tnily interprets the unanimous sen- 
 timent of tlic people of tlie United States in regard to Mex- 
 ico. It is, however, anotlier and distinct question whether 
 the United States would thinli it necessary or proper to 
 express themt^olves in tlie form adopted by tlio House of 
 Representatives at tliis time, lliis is a practical and purely 
 Executive (piestion, and tlio decision of its constitutionality 
 belongs not to the House of Representatives, nor even to 
 Congres.s, but to tlie President of tlie United States. You 
 will, of course, take notice that the declaration made by the 
 Uouse of Representatives is in the form of a joint resolution, 
 which, before it can acquire the character of a legislative 
 act, must receive, first, the concurrence of the Senate, and, 
 secondly, the approval of the President of the United States ; 
 or, in case of his dissent, the renewed assent of both liouses 
 of Congress, to be expressed by a majority of two-thirds of 
 each body. While the President receives the declaration of 
 the House of Representatives with the profoinid respect to 
 which it is entitled, as an exposition of its sentiments upon 
 a grave and important subject, he directs that you inform 
 tlie Government of France that he does not at present con- 
 template any departure from the policy which this Govern- 
 ment has hitherto pursued in regard to the war which ex- 
 ists between France and Mexico. It is hardly necessary to 
 say that the proceeding of the House of Representatives was 
 adopted upon suggestions arising withia itself, and not upon 
 any communication of the Executive department; and that 
 the French Government would be seasonably apprised of 
 any change of policy upon this subject which the President 
 might at any future time think it proper to adopt. 
 
 Mr. Dayton's Letter, dated Paris, April 22, 1864. 
 Sir : I visited M. Drouyn de I'Huys yesterday at the de- 
 partment of foreign affairs. Tlie first words he addressed 
 to me, on entering the room, were : " Do you bring us peace, 
 or bring us war?" I asked him to what he referred, and he 
 said he referred more immediately to those resolutions 
 recently jiassed by Congress in reference to the invasion of 
 Mexico by the French, and the establishment of Maximilian 
 upon the throne of that country. I said to him, in reply, 
 that I did not think France had a right to infer that we 
 were about to make war against her on account of anything 
 contained in those resolutions ; that they embodied nothing 
 more tlian had been constantly held out to the French 
 government from the beginning; that I had always repre- 
 sented to the government here that any action upon their 
 part interfering with the form of government in Mexico 
 would be looked upon with dissatisfaction in our country, 
 and they could not expect us to be in haste to acknowledge 
 a monarchical government, built upon the foundations of a 
 republic wliich was our next neighbor ; that I had reason 
 to believe you held the same language to the French Min- 
 ister in the United States. This allegation he did not seem 
 to deny, but obviously viewed the resolutions in question 
 as a serious step upon our part ; and I am told that the 
 leading secessionists here buildlargely upon these resolutions 
 as a means of fomenting ill-feeling between this country and 
 some others and ourselves. Mr. Mason and his secretary 
 have gone to Brussels to confer with Mr. Dudley Mann, 
 w)io is their commissioner at that place. Mr. Slidell, it is 
 said, was to have gone to Austria, although he has not yet 
 got off. 
 
 Second Letter from Mr. Dayton, Paris, Mat 2, 1864, being 
 IN REPLY TO Mr. Seward's op April 7. 
 
 Sir: Immediately upon the receipt of your dispatch No. 
 525, 1 applied to M. Drouyn de I'lluys for a special inter- 
 view, which was granted for Saturday last. I then said that 
 I knew that the French government had felt some anxiety 
 in respect to the resolution which had recently been passed 
 by the House of Representatives, in reference to Mexico; 
 and inasmuch as I had just received a copy of tlcit ir^.)|ii- 
 tion, together with the views of the President d the I'lutid 
 States, I begged, if agreeable, to read to him vmui ili-iiafch 
 in reference to the latter. To this he assented, and as the 
 shortest and most satisfactory mode, followin<i out my in- 
 structions.! read to him that entire portion of your dispatch 
 wliich aiii.lies to this subject, stating, at the same time, that 
 I thought it was a remarkable illustration of the frankness 
 and straightforwardness of the President. When the read- 
 ing was closed, M. Drouyn de I'Huys expressed his gratifi- 
 cation, and after asking some questions in regard to the 
 cfl'ect of laying a resolution upon the table in the Senate, 
 the conversation terminated. 
 
 The extreme sensitiveness whicli was manifested by this 
 government when the resolution of the House of Represen- 
 tatives was first brought to its knowledge has, to a consider- 
 able extent, at Iciist, subsided. 
 
 Mr. Sewaku's responses of May 9 and May 21 : 
 Sir . Your dispatch of Ajiril 22 (No. 454) has been received. 
 What you have .said to M. Drouyn de I'Huys on tlie sub- 
 ject of the resolution of the House of Representatives con- 
 
 cerning Mexico, as you have reported it, is entirely approved. 
 The resolution yet remains unacted upon in the S'uate. 
 
 Mr. Corwin was to leave Vera Cruz on the od instant un- 
 der the leave of absence granted to him Hy this department 
 on the 8th of August last. 
 
 Sir : I have the honor to acknowledge the receipt of your 
 dispatch of May 2, (No. 401,) and to approve of your pro- 
 ceedings therein mentioned. We learn that Mr. Corwin, 
 our minister plenipotentiary to Mexico, is at Havana, on 
 his return to the United States, under leave of absence. 
 
 June 4 — Mr. Davis, of Maryland, asked 
 unanimous consent to make a written report 
 from the Committee on Foreign Aff.airs, in re- 
 sponse to tlie above message of the President. 
 Mr. Broojiall objected. 
 
 June 6 — He asked consent, and Mr. Arnold 
 objected. He then moved to suspend the rules, 
 wliich wag rejected — yeas 4.3, nays 55, (two 
 thirds being required,) as follows : 
 
 Yeas — Messrs. Allison, Ancona, Augustus C. Baldwin, 
 Cox, Henry Winter Davis,Z>awsora, Eden, Edgerton, Eldridge., 
 Fmck, Ganson, Garfield, Gridcr, Griswold, Harding, Har- 
 rington, Charles M. Harris, Herrick, Holman, Jenckes, King, 
 Knapp, Lazear, Le Blond, Lang, MaXlory, Marcy, James Ji. 
 Morris, Morrison, NoliU, Odell, Orth, Pendleton, Perry, 
 Robinson, Moss, Scott, Spalding, Strouse, Sweat, Wadsworth, 
 Chilton A. White, Joseph W. W/nte^-43. 
 
 Nays — Messrs. Alley, Ames. Arnold, Baily, John D. Bald- 
 win, Beaman, Blaine, Jacob B. Blair, Broomall, Ambrose 
 W. Clark, Freeman Clarke, C(>bb, Coffroth, Cole, Thomas T. 
 Davis, Dawes, Dixon, Donnelly, Driggs, Eliot, Farnsworth, 
 Fenton, Frank, Gooch, Grinnell, Hale, Hotchldss, John H. 
 Hubbard, Ingersoll, Kelley, Orlando Kellogg, Littlejohn, 
 Longyear, Marvin, Samuel F. Miller, Moorhead, Daniel Mor- 
 ris, Amos Myers, Charles O'Neill, Patterson, Perham, Price, 
 Alexander H. Rice, John H. Rice, Edward H. Rollins, Shan- 
 non, Smithers, Thayer, Tracy, Upson, Ellihu B. Washburne, 
 William B. Washburn, Whaley, Wilson, Windom— 55. 
 
 June 27 — Mr. Davis made this report, which 
 was ordered to be printed : 
 
 The Committee on Foreign Alfairs have examined the 
 correspondence submitted by the President relative to the 
 joint resolution on Mexican affairs with the profound re- 
 spect to which it is entitled, because of the gravity of its 
 subject and the distinguished source from which it eman- 
 ated. 
 
 They regret that the President should have so widely 
 departed from the usage of constitutional governments as 
 to make a pending resolution of so grave and delicate a 
 character the subject of diplomatic explanations. They re- 
 gret still more that the President should have thought 
 proper to inform a foreign government of a radical and se- 
 rious conflict of opinion and jurisdiction "between the de- 
 positories of the legislative and executive power of the 
 United States. 
 
 No expression of deference can make the denial of the 
 right of Congress constitutionally to do what the House 
 did with absolute unanimity, other than derogatory to their 
 dignity. 
 
 They learn with surprise that, in the opinion of the Pres- 
 ident, the turm :iii 1 term of expressing the judgment of the 
 United States i>n rec.i-nizing a monarchical government im- 
 posed on a ni'i!j,iilHiriiig republic is a "purely executive 
 question, and the decision of it constitutionally belongs not 
 to the lIou.se of Representatives, nor even to Congress, but 
 to the President of the United States." 
 
 This assumption is equally novel and inadmissible No 
 President has ever claimed such an exclusive authority. 
 No Congress can ever permit its expression to pass without 
 dissent. 
 
 It is certain that the Constitution nowhere confers such 
 authority on the President. 
 
 The precedents of recognition, sufficiently numerous in 
 this revolutionary era, do not countenance this view; and 
 if there be one not inconsistent with it, the committee bavo 
 not found it. 
 
 All questions of recognition have iieretofore been debated 
 and considered as grave <piestions of national policy, on 
 which the will of the peoplesliouldli.i'xpressedinCongi-css 
 assembled; and the President, as the pnipi r nieiUiim of for- 
 eign intercourse, has executed tliatwili. If he has ever 
 anticipated its expression, \se have not Idun.l the ease. 
 
 The declaration and estahli-lnnrut cf 1!,.' iir 1 ■!. n le„re 
 ofthoSiiaiiish AmerieanenhMiieshi-t lii-ii , i .u 
 
 Governiuent of the Uiiifed States; and the i.n ,, ,leii,, ih.n 
 set have been followed ever since, even by the picscut Ad- 
 ministration. 
 The correspondence now before us is the first attempt to 
 
OUR FOREIGN RELATIOXS. 
 
 351 
 
 depart from that usage, and deny the nation a controlling 
 deliberative voice in regulating its foreign policy. 
 
 The following are the chief precedents on recognition of 
 new governments, and the policy of the United States Gov- 
 ernment on that topic : 
 
 On the 9th of February, 1821, Henry Clay moved in the 
 House of Representatives to amend the appropriation bill 
 by the following clause : 
 
 " For an outfit, and one yeafa salary, to such minister as the 
 President, by and with the consent of the Senate, may send 
 to any government of South America, which has established 
 and is maintaining its independency on Spain, a sum not 
 exceeding §18,000." It failed. 
 
 On the 10th of February, he moved that the House of 
 Representatives participates with the people of the United 
 States in the deep interest which they feel for the success 
 of the Spanish provinces of South America, which are strug- 
 gling for their liberty and independence, and that it will 
 give its constitutional support to the President of the United 
 States whenever he may deem it expedient to recognize 
 the sovereignty and independence of any of the said 
 provinces. 
 
 A motion to amend by the proviso " that this resolution 
 shall not be construed to interfere with the independent 
 exercise of the treaty-making power," and another, " that 
 the House approves of the course heretofore pursued by the 
 President of the United States with regiu-d to the said 
 provinces," were negatived. 
 
 The resolution was adopted, and a committee appointed 
 to lay it before President Monroe. 
 
 The committee, on the 17th February, reported — 
 
 " That the President assured the committee that, in com- 
 mon with the people of the United States and the House of 
 Representatives, he felt great interest in the success of the 
 provinces of Spanish America, which are struggling to es- 
 tablish their freedom and independence, and that he wquld 
 take the resolution into deliberate consideration, with the 
 most perfect respect for the distinguished body from which 
 it had emanated." 
 
 So the House of Representatives took the initiative to- 
 wards recognizing the new republics. The amendment to the 
 appropriation bill would have been a legislative recognition. 
 Tlie resolution was a formal statement of the opinion of tlie 
 House to the President, which he did not think beyond 
 their constitutional authority. 
 
 At the first session of the next Congress the House of 
 Representatives, on motion of Mr. Nelson, of Virginia, re- 
 solved — 
 
 " That the President of the United States be requested 
 to lay before this House such communications as may be in 
 the possession of the Executive, from the agents of the 
 United States with the governments south of the United 
 States, which have declared their independence, and the 
 communications from the agents of such governments in 
 the United States with the Secretary of State, as tend to 
 show the political condition of those governments, and the 
 state of the war between them and Spaiu, as it may be con- 
 sistent with the public interest to communicate." 
 
 President Monroe answered the application on the 8th 
 of March in an elaborate message, of which tlie following 
 extracts suflBciently show that he did not think recogni- 
 tion "a purely executive question," and that tlie decision 
 of it constitutionally belongs, " not to the House of Rep- 
 resentatives, nor even to Congress, but to the President of 
 the tfnited States :" 
 
 " In transmitting to the House of Representatives the 
 documents called tor by the resolution of that House of 
 January, I consider it my duty to invite the attention of 
 Crngress to a very important subject, and to communicate 
 the sentiments of the Executive on it ; that should Con- 
 gress entertain similar sentiments, there may be such co- 
 operation between the two departments of the Government 
 as their respective rights and duties may require." 
 
 " This contest has now reached such a stage, and been 
 attended with such decisive success on the part of the 
 I)r()vinces, that it merits the most profound consideration, 
 wlijtiiir their right to the rank of independent nations, 
 witli all til'- udvintage incident to it in their intercourse 
 with till' Uoiti'd States, is not complete." 
 
 After narrating the events, he proceeds: 
 
 " When the result of such a contest is manifestly settled, 
 the new governments have a claim to recognition by other 
 powers which ought not to be resisted." 
 
 " When we regard, then, the great length of time which 
 the war has been prosecuted, the complete success which 
 has attended it in favor of the provinces, the present con- 
 dition of the parties, and the utter inability of Spain to 
 produce any change in it, we are compelled to conclude 
 that its fate is settled, and that the provinces which have 
 declared their independence, and are in the eujoymoritof it, 
 ought to be recognized." 
 
 '' In proposing this measure, it is not contemplated to 
 change thereby in the slightest manner our friendly rela- 
 tions with either of the parties." 
 
 ;.M, 
 
 the neces- 
 
 UKiti 
 
 ^ssary 
 it ion 
 
 Ilk til 
 
 as far from 
 le in which 
 to express 
 s a purely 
 .l.Ti.i.-nuf 
 
 " The measure is pmpnaed uivl' 
 that it is in stric-t arr.mi with ili^ 
 the United States <iwr it In lli-ii 
 the world. as well as h, tli-iri- - n 
 
 '■Should Consress c-ir v,: , ■ 
 they will doubtless ser il, ;. 1:1. 
 sary appropriations liir .,; i \ ■ , 
 
 It is quite appr.rent t!i 1 I'l ■ , 
 countenancing the opiiii. .11 tlii li: 
 the United States would lliink 
 themselves on the policy ni tlir 
 executive question, and that lu; diil 
 
 it con«<j'h<<i07iaWy belongs not to the lieu • -f i; ' r ■ -nii- 
 tives, nor even to Congress, but to tin I i 1 tho 
 
 United States, to the exclusion of Con .' - 1. i ;,. -o 
 thought, he would have refused the producli..ii . •) 1 h.- i.ai>ei-s, 
 as President Washington did the diplomatic instructions 
 relative to the English treaty. 
 
 He would have announced his purpose to recognize the 
 republics, and left it to Congress to provide for diplomatic 
 intercourse with them. 
 
 Far from that, he proposes for their consideration the 
 policy of recognition; and, if they concur in that, asks 
 them to make tho necessary appropriations to carry it into 
 effect. 
 
 He consulted the will of the nation at the mouth of Con- 
 gress, and proposed to concur in its execution. 
 
 So Congress understood him, for the papers and message 
 were referred to the Committee on Foreign Affairs. That 
 committee considered, in an elaborate report, the question 
 of independence of the republics, the policy and principles 
 involved in their recognition, and on the 19th of March, 
 1822, they submitted it to the House. It concluded as fol- 
 foUows: 
 
 " Your committee having thus considered the subject re- 
 ferred to them in all its aspects, arc unanimously of opin- 
 ion that it is just and expedient to acknowledge the inde- 
 pendence of the several nations of Spanish America without 
 any reference to the diversity in the form of their govern- 
 ments; and in accordance with this opinion they respect- 
 fully submit the following resolutions : 
 
 "Resolved, That the House of Representatives concur in 
 the opinion expressed by the President in his message of the 
 8tli of March, 1822, that the American provinces of Spain 
 which Iiave declared their independence, and are in the en- 
 joyment of it, ought to he recognized by the United States as 
 independent nations. 
 
 "Resolved, That the Committee of Ways and Means be 
 instructed to report a bill appropriating a sum not exceed- 
 ing S100,00O to enahU the President to give due effect to such 
 recognition." 
 
 It is, therefore, equally apparent that the House of Rep- 
 resentatives of the 17th Congress was clearly of opinion 
 with President Monroe that the (Hie^tion of recognition waa 
 not purely executive, but that it rdn^titutionally belongs to 
 Congress as well as to \\v I'l-^ilmt : that the Legislature 
 declares the will of the I iiit' d Stat's. which the Executive 
 gives effect to — eacli concurring in the act of recognition 
 according to their respective constitutional functions. 
 
 In obedience to that resolution the following bill, recog- 
 nizing the new nation, was reported and passed and ap- 
 proved on tho 4th of May, 1862 : 
 
 "That for such missions to the independent nations on the 
 American continent as the President may deem proper, there 
 be, and hereby is, appropriated a sum not exceeding §100,000, 
 to be paid out of any money in the Treasury not otherwise 
 appropriated." 
 
 The approval of that law completed tho recognition of 
 the new nations. The si-ndini: mini-t-T^ t" '•■Tii ■ m- ■H of 
 them was a matter nf .■x.ruii\" ' ; : - ■ • • 1 -, a- 
 tial to or connei t'll \', jih the 1,1. I 1 ; . • : -i. rs 
 
 were appointed tn Mr\i,-.i. ( ni.Mii .1,1. i.n n..- .\ii.>. and 
 Chili, on the I'Tth m .lanuary, l^^J. None was apiiointed 
 to Peru till :\Iay. isv,: yet it is certain Peru w;is as nnich 
 recognized iiv ih.' Ini ted States as the other governments 
 from tln'4tli'.ir Mav. 1^22. 
 
 This -r It pr .; has -uxaTn.Ml all il,:,t iMlhnvit. 
 
 The a. I.::...'.;. ^ : , i,r ,ii il,,. iiM yvri ,,..■ of Texas 
 stands ii'M nil-:: [:i ' i y. li i^ a iiiii-( la-i ; u -'ive ju'eee- 
 dent, s(i i< tiy r.iil .■■ ;,: 111- Tii Ills ,,lis!a-\a .1 \- -[.i.-iing the 
 goveriumiil- ^n' Sp ua ,i Vnnaara. 
 
 On th.- isih III .l.iia , l-;i.. iin the motion of Hanry Clav. 
 the Senati-a.Iuiitr.l ih- ,v-.hilion— 
 
 "That thi'iiiili :i. a; II ■ Ml T,\ais n„.ri,t d, hi- acknowl- 
 edged by the I in i li - I wii I 1 ; -!' , I ly informa- 
 tion shall be n '11 :■> ili.i li I;, la a , 111 .ijii ration a 
 civil governnii nl I .,,'i ..i |. ; ,. i ,,a:, . , i.. i a ;a-s and ful- 
 filling the obli.iiation., „1 ail lll.i.l.ell...-lll i,ou>-i.' 
 
 The House of Uepresentalivos, on tiie 4ih of July, 1836, 
 adopted a resolution iti the same words; and added a 
 second : 
 
 "That the House of Representatives perceive with satis- 
 faction that the President of the United Stales ha,s adopted 
 measures to ascertain the political, nuUtary, and civil con- 
 
352 
 
 OUR FOREIGN RELATIONS. 
 
 dition of Texas."— (Congressional Globe, 1st session 24tli 
 Congress, pp. 453, 480.) 
 
 TUose resjiutioiis wore not lormal acknowloilgraonts of a 
 governmont of Texas ; tbo report of tlm Senate Committee 
 showed the circumstances were not sufflciently kuowii ; 
 uud both Senate and IIouso awaited further information at 
 the hands of the President. 
 
 On the 2d December, while communicating the informa- 
 tion, President Jackson accopti'^d the occasion to express to 
 Congress his opinion on the subject. Tbo following passa- 
 ges arc very instructive, touching the authority to recog- 
 nize new States : 
 
 " Nor lias any deliberative inquiry ever been Instituted in 
 Congress, or in any of our legislative bodies, as to whom 
 belonged the power of recognizing a new State ; a power, 
 the exercise of which is equivalent, under some circum- 
 stances, to a declaration of war ; a power nowhere ex- 
 pressly delegated, and only granted in the Constitution, as 
 it is noces'-arily involved in some of the great powers given 
 to Con^rc.-:,';, inthat given to the President and Senate to 
 form IreatiL-s and to appoint ambassadors and other public 
 ministers, and in that conferred on the President to receive 
 ministers from foreign nations." 
 
 "In tbe preamble to the resolution of the House of Rep- 
 resentatives, it is distinctly intimated that the expediency 
 of recognizing the independence of Texas should be left to 
 the decision of Congress. In this view, on the ground of ex- 
 pediency, I am disposed to concur; and do not, therefore, 
 think it necessary to express any opinion as to the strict 
 constitutional right of the Executive, cither apart from, or 
 in conjunction with, the Senate over the subject. It is to 
 Ir 2>rcsum(:d that on no future occasion will a dispute arise, 
 as none has heretofore occurred, between the Executive and 
 Lrgislature in the exercise of the power of recognition. It 
 will always be considered consistent ivith the spirit of the 
 Constituticn and most safe that it should be exercised, when 
 probably leading to war, with a previous understanding 
 with that ))od3' by whom war can alone be declared, and by 
 whom all the provisions for sustaiifing its perils must be 
 furnished. Its submission to Congress, which represents in 
 one of its brandies the States of this Union; and in the other 
 the people of the United States, where there may be reason- 
 able ground to apprehend so grave a consequence, would 
 certainly afford the fullest satisfaction to our own country, 
 and a perfect guarantee to all other countries, of the justice 
 ami prudence of the measures wliich onglit to be adopted." 
 
 After forcibly stating why he thought " we should still 
 stand aloof," he closed with the following declaration : 
 
 " Having thus discharged my duty, by presenting ^Wth 
 simplicity and directness the views which, after much re- 
 flection, i have been led to take of tliis important subject, I 
 have only to add the expression of my confidence that if 
 Congress should differ with me upon it, their judgment will 
 be the result of dispassionate, prudent, and wise delibera- 
 tion ; with the assurance that, during tlic short time which 
 I shall continue connected with the Government, I shall 
 promptly and cordially unite with you in such measures as 
 may be deemed best fitted to increase tlio prosperity and 
 perpetuate the peace of our favored country." 
 
 The concurrent resolutions of the Senate and House of 
 Representatives, and that message of President Jackson, 
 leave no doulit that the views which presided over the re- 
 cognition of the South American Governments still pre- 
 vailed, and that the President was as far from asserting as 
 Congress from admitting that the recognition of nov/ na- 
 tions and the foreign policy of the United States is a purely 
 Executive question. 
 
 The independence of Texas was finally recognized in pur- 
 siiance of the following enactment in tlie appropriation bill 
 of the second session of the Twenty-Fourth Congress wliich 
 appropriates money — 
 
 " For the outfit and salary of a diplomatic agent to be 
 sent to the republic of Texas, whenever the President of the 
 United States may receive satisfactory evidence that Texas 
 is an independent power, and shall deem it expedient to 
 apiiomt such minister." 
 
 That law was approved by President Jackson. 
 
 Not only is this exclusive assumption without counte- 
 nance in the early history of the Republic, but it is irrecon- 
 cilable with the most solemn actsof the present Administra- 
 tion. The independence.of Hayti is nearly as old as that 
 of the United States ; it antedated that of the South Amer- 
 ican republics, and the republic of Liberia has long been 
 recognized by European nations. Botli were first recognized 
 by act of Congress, approved liy President Lincoln on the 
 5th of July, 1S62, which enacted— 
 
 "Tliat tlie President of tlio United States be, and ho ia 
 hin-(^hy, authorized, hynnd wiUx tho advice and cousi'iit of 
 the Senate, to appoint diplomatic rcprcseiitativos of the 
 United States to tlie repuhUrs ff ILiyli (aid Ll'.iriu rcnpcct- 
 ivoly. Each of the representatives so appointed ^hall be 
 accredited ascomraissioner and consul general, and sliall 
 receive the compensation of commissioners," <tc., &c. 
 
 That was a formal recognition of those republics by law, 
 
 whether the President sent diplomatic representatives ot 
 not. 
 
 Quite in the spirit of these precedents is the well-cou.^id- 
 ercd language of the Supreme Court: 
 
 " Tliose questions which respect the rights of a part of a 
 foreign empire wiiich asserts and is contending for its in- 
 dependence, belong more properly to those who can declare 
 wliat the law shall bo, who oim place the nation in sucli ii 
 position with respect to foreign powers as to their own 
 judgment shall appear wise, to whom are entrusted its )"or- 
 eign relations, than to that tribunal whose power as well 
 as duty is confined to the application of the rule which the 
 legislature may prescribe for it." 
 
 But the joint resolution of the 4th of April does more 
 than declare tlie refusal of the United States to recognize a 
 monarchical usurpation in Mexico. It declares a general 
 rule of policy, wliich can lie authentically and authorita- 
 tively expressed only by tlie body cliarged with the legisla- 
 tive power of the United States. 
 
 " Resolved, rf-c. That tlie Congress of the United States 
 are unwilling, by silence, to leave the nations of the world 
 under the impression that they are indifferent spectators of 
 the deplorable events now transpiring in the republic of 
 Mexico; and tliey, therefore, think fit to declare tliat it 
 does not accord with the policy of the United States to 
 acknowledge a monarchical government erected on the 
 ruins of any republican government in America, under the 
 auspices of any European power." 
 
 Tlie committee are of opinion that this authority, to 
 speak in the name of the United States, has never, before 
 the correspondence in question, been considered a purely 
 executive function. 
 
 The most remarkable declaration of this kind in our his- 
 tory, which events seem now likely to make of as grave 
 practical interest as wlien it was uttered, is President 
 Monroe's declaration in his message of the 2d Decem- 
 ber, 1823: 
 
 " With the governments which have declared their inde- 
 pendence and maintained it, and whose independence we 
 have, after great consideration and on just principles 
 acknowledged, we could not view any interposition, lor the 
 purpose of oppressing them or controlling in any other 
 manner tiieir destiny by any European power, in any otlier 
 light than as the manifestation of an unfriendly disposition 
 toward the United States." 
 
 But though always the accurate expression of the feelings 
 of the American people, it was not regarded as the settled 
 policy of the nation, because not formally declared by Con- 
 gress. By the administration of President John Quincy 
 Adams, wliich followed, it was treated as merely an execu- 
 tive expression on behalf of tlie people, whicli Congre,i3 
 alone could elevate to the dignity of a national policy by 
 its formal adoption. 
 
 In 1826, Mr. Poinsett, the minister to Mexico, having used 
 language supposed to commit the Uniled States to that 
 policy in behalf of Mexico, a resolution was promptly in- 
 troduced into the House of Representatives and adopted on 
 the 27th of March, 1826— 
 
 "That the Committee on Foreign Affairs inquire and re- 
 port to this House upon what authority, if any, tlie minis- 
 ter of the United States to the Mexican republic, in his offi- 
 cial character, declared to tlie plenipotentiary of that gov- 
 ernment that the United States have pledged themselves 
 not to permit any other power than Spain to interfere 
 either witli their (the South American republics) inde- 
 pendence, or form of government," &c., &c. — 2 Cong. Deb., 
 ]9ili Con., 1st sess., p. 1820.) 
 
 Mr. Poinsett hastened to explain by his letter of the 6th 
 of May, 1826. to Henry Clay, then Secretary of State : 
 
 " I cannot rest satisfied without stating explicitly that, in 
 the observations I made during my conference with the 
 Mexican plenipotentiaries, I alluded only to the message of 
 the President of the United States to Congress in 1823 
 
 " Tliat mes.sage, dictated, in my opinion, by the sonndes 
 policy, has been regarded both in Europe and America as a 
 solemn declaration of the views and intentions of the Exec- 
 utive of tlie United States, and I have always considered 
 that declaration as a pledge, so far forth as the language of 
 the President can pledge the nation, to defend the new 
 American republics from tbe attacks of any of tbe power,s 
 of Europe other than Spain. Tha,t the people of the United 
 States are not bouni by any declarations of the Executive is 
 known and understo'xi as well in Mexico, where the govern- 
 ment is modelled on our mon political institutions, as in the 
 United States themselves. But in order to correct any er- 
 roneous impressions these words might have made on the 
 minds of the Mexican plenipotentiaries, I explained to 
 them in the course of our conference this morning their 
 precise meaning: that the declaration of Mr. Monroe in his 
 mefwage of 1823, to which I liad alluded, indicated only tlie 
 course of policy the Executive of the United States was 
 disposed to pur.sue towards these countries, but was not 
 binding on the nation unless sanctioned by the Congress of 
 the United flutes; and when I spoke of the United ."states 
 
OUR FOREIGN RELATIONS. 
 
 1 nioiint cnlv to 
 
 intofthe 
 
 I',' more." 
 
 tli<! fact 
 
 'i liiin to 
 
 li.iviiif; pledged themselves not to permit any other power 
 than Spain to interfere with the iudepemk-nco or form of 
 government of the American repiibl 
 allude to tlie above-cited declaration n 
 United St:ite3 in his message of 1S2:;. ; 
 
 This explanation is the more f;i :i 
 that Mr. Chiys instructions to Mr. I' 
 bring to the notice of the Mexican i- ih-- ini's- 
 
 sago of the late President of th- 1 i [ - : • i ti: ii 
 Congress on the 2d of December. ; - _ > i; ,ii 
 
 important principles of intercontiin III l I... m iK. i in- 
 tions of Europe and America; ami, aio i .si iimv: ami en- 
 larging on them, Mr. Clay proceeds: "Kotli principles were 
 laid down after much and anxious deliberation on tlie part 
 of the late administration. The I^resideiit, tvh-i then form- d 
 a part of it, continues entirely to coincidf in both, and you 
 will urge upon the government of Mexico the propriety 
 and expediency of asserting the same principles on all proper 
 occa-sions," 
 
 And in reply to the resolution of inquiry of the 27th of 
 March, Mr. Clay accompanied his instructions with the de- 
 claration — entirely in the spirit of Mr. Poinsett's letter — 
 '• that the United States have contracted no engagement, 
 nor mad'', any pledge to the governments of Jlexico and 
 South America, or either of them, that the United States 
 would not pca-mit the interference of any foreign power 
 "vith the independence or form of government of those 
 nations. ********* 
 
 "If, indeed, an attempt by force had been made by allied 
 Europe to subvert the liberties of the southern nations on 
 this continent, and to erect upon the rttins of their free in- 
 stitutions monarchical systems, the people "of the United 
 States would have stood pledged, m the opinion of the Ex- 
 ecutive, not to any foreign State, but to themselves and their 
 posterity, by their dearest interests and highest duties, to 
 resist to the utmost such attempt ; and it is to a pledge of 
 that character that Mr. Poinsett above refers." — (2 Cong. 
 Debates, 19tli Congress, 1st session, App. S3, 84.) 
 
 Such were the views of the administration of President 
 John Quincy Adams, whose Secretary of State was Ilenry 
 Clay, and whose minister to Mexico was Mr. Poinsett, upon 
 the supremacy of the legislature in declaring the foreign 
 policy of the United States, the cUplomatic execution and 
 i-.onduct of which is confided to the President. 
 
 It is impo-Jsilde to condense the elaborate message of 
 Pr.--:i.7it A'l.iesof the 15th of March, 1826, dedicated to 
 l"r ■ . ■ ss to concur in and sanction the Panama 
 
 1U1-- .: •' li message and the great debate which con- 
 
 sum • III- — II in both Houses are unmeaning on the 
 itssuniption:? ot this correspondence with the French gov- 
 erimient ; and the consideration and approval of its recom- 
 mendations elevate President Monroe's declaration to the 
 dignity and authority of the policy of the nation solemnly 
 aud legally proclaimed by Congress. 
 
 That message was in reply to a resolution requesting the 
 President to inform the Ilouse of Representatives '• in re- 
 gard to what objects the agents of the United States are 
 expected to take part in the deliberations of that congress" 
 — of Panama. 
 
 Among the subjects of deliberation, the President enu- 
 nterated the declaratioii of President Monroe above quoted 
 and on that topic said : 
 
 " Most of the new American republics have declared their 
 entire assent to them ; and they now propose, among the 
 subjects of consideration at Panama, to take into consider- 
 ation the means of making effectual the assertion of that 
 principle as well <is the means of resisting interference from 
 abroad with the domestic concerns of the American gov- 
 ernments. 
 
 •• In alluding to these means, it would obviously be pre- 
 mature at this time to anticipate that which is offered 
 tiierely as matter for consultation, or to pronounce upon 
 tbose measures which have been or may be suggested The 
 purpose of this government is to concur in none which 
 would import hostility to Europe, or justly excite resent- 
 iiieut in any of her States. Should it be deemed advisable 
 ||> Contract any conventional engagement on this topic, our 
 views would extend no further than to a mutual pkdge of 
 Ibe parties to the compact, to maintain the principle in ap- 
 plication to its own territory, and to permit no colonial 
 lodgments or establishments of European jurisdiction upon 
 its own soil; and with respect to the obtrusive interference 
 fiom abroad, if the future character may be inferred from 
 i hat which has been, and perhaps still is, exercised in more 
 than one of tlie new States, a joint declaration of its char- 
 acter and exposure of it to the world would be probably ail 
 that the occasion would require. 
 
 '■ Whijther the United ttates should or should not bo 
 parties to such a declaration may justly form a part of the 
 deliberatiiiu. That there is an evil to be remeilied needs 
 little insight into the secret history of late years to krow, 
 and that this remedy may best be considereil at the Panama 
 nieeiiiig deserves at least the experiment of cuisideration." 
 
 Cpun this message, after elaborate debates, Congress 
 23 
 
 passed in May an appropriation " for carrying 
 the appointment of a mission to the congres.^ of 
 and the President, by and with the advieo and 
 the Senate, appointcil niinisicis to tli >t congrcs; 
 
 uished then; with : 
 
 and del 
 
 ity 
 
 all t!. 
 
 by Con;:res». 
 )f our mission 
 ■sill 'nt -Vdauis 
 
 1 liini In loni- 
 
 tli ■Muht the gravity of 111'- p;-- ■ -i m.iii ii 
 iiiiiii-i ating to Congress, in 1^-'.'. Mr. i I \ s iiisirMctiie.i.s to 
 till' niiiiistei-s for our iiit'i.rnMti.n : ..ml lli.- i rcc.ilcnt re- 
 iii.iins. forever to vindicate 1 hi' authuiil> •■•. < '!.::- t..(|.- 
 claro and present the foreign policy of ih I i-: -. 
 
 The great name of Daniel \Veb.,ter is i li i i ;. l 
 authoritative on any question of constitiiiiM.i | \m i ; and 
 in that debate, when the enemies of the Ailniinisuation 
 strove to insert particular instructions to the diplomatic 
 agents sent to that congress, he clearly defined the limits of 
 executive and congressional authority, in declaring the 
 policy and conducting the negotiations to elfectuate it. 
 
 On the 4th of April, 1826, he is reported to have s;ud in 
 the Ilouse of Representatives : 
 
 " He would ask two questions : First, Does not the Con- 
 stitution vest the power of the Executive in the President ? 
 Second, Is not the giving of instructions to ministers abroad 
 an exercise of Executive power? Why should we take this 
 responsibility on ourselves? He denied that the President 
 had devolved, or could devolve, his own constitutional re- 
 sponsibility, or any part of it, on this House. The President 
 had sent this subject to the House for its concun-ence, by 
 voting the necessary appropriation. Eeyond this the House 
 was not called on to act. We might refuse the appropria- 
 tion if we saw fit, but we had not the power to make our 
 vote conditional, and to attach instructions to it. 
 
 " There was a way, indeed, in which this House might 
 express its opinion in regard to foreign politics. That is by 
 resolution. He agreed entirely with the gentleman that, if 
 the House were of opinion that a WTong course was given to 
 our foreign relations, it ought to say so, aud say so by some 
 measure that should affect the whole, and not a part, of our 
 diplomatic intercourse. It ought to control all missions, 
 and not one only. 
 
 " There was no reason why the ministers to Panama 
 should act under these restrictions that ilid not equally ap- 
 ply to other diplomatic agents — ibr ex;;mple, to our minis- 
 ter at Colombia, Mexico, or other new States. A resolution 
 expressive of the sense of the House would, on the con- 
 triiry, lead to instructions to be given to tiiem all. A reso- 
 lution was, therefore, the regular mode of proceeding. We 
 saw, for instance, looking at these documents, that our 
 government had declared to some of the governments of 
 Europe, perhaps it has declared to all the principal powers, 
 that we could not consent to the trausler of Cuba to any 
 European power. No doubt the executive government can 
 maintain that ground only so long as it receives the appro- 
 bation and support of Congress. If Congress be of opinion 
 that this course of policy is wrong, then ho agreed it was 
 in the power, and, he thought, indeed, the duty of Congress 
 to interfere and to express dissent. If the amendment now 
 ofl'cred prevailed, the djcla.-atio.is sj distinctly mide ou 
 this point could not be reported, under any circumstances, 
 at Panama ; but they might, nevertheless, be reported any 
 where and everywhere else. Therefore, if we dissent from 
 this opinion, that dissent should be declared by resQlution, 
 aud that would change the whole course of our diplomatic 
 correspondence on that subject in all places. If any gea- 
 tlemau thinks, therefore, that we ought to take no measure, 
 under any circumstances, to prevent the transfer of Cuba 
 into the hands of any government, European or American, 
 let him bring forward his resolution to that effect. If it 
 should pass, it will efifectually prevent the repetition of 
 such declarations as have been made." — (2 Cong. Debates, 
 19lh Congress, 1st sessmn, i-,'. J i-l, -n-2.; 
 
 This view is, in the o[i I, , - : 'nuiittoe, at once the 
 just view and the traditi'ih ! i i the governmeul ; 
 
 the will of the people i xi ir — ■ r,i li:- legislative form by 
 the legislative power can declare authoritatively the foreigu 
 policy of the nation ; to the President is committed the 
 diplomatic measures for effecting it. 
 
 The constitutional authority of Congress over the foreign 
 relations of the United States can hardly be considered an 
 open question, after the concurrent resolutions of Mr. Sen- 
 ator Sumner, adopted in the last Congress, it is believed, at 
 the suggestion, certainly With the approval of tlio Presi- 
 dent, and by him officially notiliod to foreign goverumenis, 
 as the most authentic and authoritative expression ot the 
 national will respecting inlerveutiou, mediation, and eve y 
 other form of foreign intrusion into the domestic struggle 
 in the United States. 
 
 The committee are not inclined to discuss theoretically 
 questions of relative power. The Constitution is a pr,.clic.il, 
 aud not a theoretical instrument. It has been admiuis- 
 te:-ed and construed by men of practical sagacity. a;ul ic 
 liuir hands the voice of the people has been iiturd aulho.i 
 
:^54 
 
 OUR FOREIGN RELATIONS. 
 
 tntively in the executive chamber, on the conduct of foreign I 
 
 But this corrsspondenco requires us to say, tliat in ^^9W 
 of tlie historic precedents, it is not a purely executive ques- 
 tion whether the United States would tliiiik it necessary to 
 express tliemselves in the form adopted by the House of 
 Representatives at tliis time; it does belong to Congress to 
 declare and decide on the foreign policy of the United 
 States, and it is the duty of the President to give effect to 
 that policy by means of the diplomatic negotiations, or 
 military power if it lie authorized. 
 
 The President is not Ihss I ound to execute the national 
 will expressed by law in its foreign than in its domestic 
 concerns. 
 
 The President appoints all officers of the United States, 
 but their duties are regulated, not by his will, but by law. 
 He is the commander of the army and navy, but he has no 
 power to use it except when the law points out the occa- 
 sion and the object. He appoints foreign ministers, but 
 neither in this case are they, by reason of their appointment, 
 anything but the ministers of the law. If it be true that 
 the appointment of an ambassador to a nation implies the 
 recognition of the nation, it is just as sound logic to argue 
 that none can be appointed to a nation that does not exist 
 by the recognition of Congress, as that the President can 
 recognize alone, because he can appoint. 
 
 But we prefer to waive the quesiiou. We are anxious not 
 to depart fiom the approved precedents of our history. Our 
 desu-o is to preserve, not to change. We will not iuc^uire 
 what would be the effect of a recognition of a new ualiuu 
 by the President against the will ot Congress. We prefer 
 to indulge the hope so wisely expressed by Pi'esidcnt Jack- 
 son, that "it is to bo presumed that on no future occasion 
 will a dis ute arise, as none has heretofore occurred, be- 
 tween the Executive and Legislature in the exercise of the 
 power of recognition." 
 
 Hitherto new nations, new powers, have always been 
 recoguized upon consultation and coucurreuce of the exec- 
 utive and legislative departments, and on the most impor- 
 taut occasions by and in pursuance of law in the particular 
 cases. 
 
 Changes of the person or dynasty of rulers of recognized 
 powers, which created no new powei", have not been t.eated 
 always with the same formality ; but usually the general 
 law providing f r diplomatic intercourse with the power 
 whose iiilonial administration had changed remained on 
 the s!atuta book and coui'erred a plenary discretion on the 
 I'resi lent, under the sanction of which ho h.is accredited 
 ministers to the new poss-issors of power. It is not known 
 that hitlicrto the President has ever undertaken to recog- 
 nize a new nation or a new power not before known to the 
 history of the world, and not before acknowledged by the 
 United States, without the previous authority of Congress. 
 
 It is peculiarly unfortunate that the new view of the ex- 
 ecutive authority should have been announced to a foreign 
 government, the tendqjicy of which was to diminish the 
 force and effect of the legislative expression of what is ad- 
 milted to be the unanimous sentiment of the people of the 
 United States, by denying the authority of Congress to 
 pronounce it. 
 
 Of the prudence of that expression at this time Congress 
 is the best and only judge under the forms of the Constitu- 
 tion, and the President has no right to influence it otherwise 
 than in. the constitutional expression of his assent or his 
 dissent when presented to him for his consideration. 
 
 It is v:iin to suppose that such a declaration increases the 
 danger of war with France. The Emperor of the French 
 will nia e war on the United States when it suits his con- 
 venience, and it can be done without danger to his dynas- 
 tic interes.s. Till then, in the absence of wrong or insult 
 on our pai c, there will be no war. When that time arrives 
 we shall have war, no matter how meek, inoffensive, or pu- 
 sillanimous our conduct may be, for cur sin is our freedom 
 and our power, and the only safety of monarchical, impe- 
 rial, aristocratic, or despotic ruU, lies in our failure or our 
 overthrow. 
 
 It postpones the inevitable day to be ready and powerful 
 at home, and to express our resolution not to recognize acts 
 of violence to republican neighliors on our borders perpe- 
 trated to our injury. That declaration will encourage the 
 republicans of America, to resist and endure, and not to 
 submit. It is not perceived how an attack on the United 
 States can promote the establishment of a monarch in Mex- 
 ico. It might seriously injure us, but it woujil be an addi- 
 tional obstacle to the accomplishment of tliat enterprise. 
 It is fortunate that events in Kurope, in great measure, 
 embarrass any further warlike enterprise on this continent, 
 and the ruler who liaR not thought fit to mingle in the 
 strife of Poland or Schleswig-Holstein will hardly venture 
 to provoke a war with the United States. 
 
 Tlie committee are content to hide their time, confident 
 in the fortune and fortitude of the American people, but re- 
 •jlved not to encourage by a wea.i silence ^implications 
 
 with foreign powers inimical to our greatness and safety, 
 which, in the words of Mr. Webster, "a firm and timely 
 assertion of -what we hold to bedur own rightsand onrown 
 intert-sts would strongly tend to avert." 
 
 The committee recommend the adoption of the following 
 resiilution : 
 
 Resolved, That Congress has a constitutional right ro an 
 aulhoritative voice in de .'laringand prescribing the foreign 
 policy of the United St.ates, as well in the recognition ot 
 new powers as in other matters ; and it is the constitutional 
 duty of the I'rosiilent to re-<pect th:it policy, not less in di- 
 plomatic UKgiitiations thin in tiio use of the national force 
 when authorized by law; and the propriety of any declara- 
 tion of foreign policy by Congress is sufficiently iiioved bj 
 the vote which pronounces it; and such proposition whil 
 pending and undetermined is not a fit topic of diplomat! 
 explanation with any loreign power. 
 
 FRANCE, MEXICO, AND THE UNITED STATES. 
 
 The Courier du Dimanche, of Paris, publishes 
 a circular letter addressed by M. Urouyn de 
 riluys, the French Minister of Foreign Affairs, 
 to the agents of the Empire abroad, resijecting 
 the relation of France to the American Govern- 
 ment. This letter is a sequel to the correspond- 
 ence between Mr. Seward and Mr. Dayton with 
 regard to the Mexican question, and is as fol- 
 lows : — 
 
 Paris, May 7, 1864.— Mr. Dayton has called on me to 
 read to me a despatch addressed to him by the Secretary 
 of State of the Union, in order to define the responsibihty 
 of the Government of Washington, and to show that a 
 vote of the House of Kepresontatives, or of the Senate, or 
 even of the two Houses, while it naturally recommends 
 itself to the attention of the Government, did not oblige it 
 to modify its policy and take from it its liberty of action. 
 
 Mr. Seward sees no reason to follow in the Mexican ques- 
 tion a line of conduct other than that which he had adopted 
 heretofore ; and if his disposition should happen to be mod- 
 ified, we should be directly and in good time informed of 
 J this resolution and its motives. 
 
 I I have replied toMr.Daytou that in the opinion of the 
 Government of the limpiuor, nothing could justify this 
 change ; that our confidence in the wijdom and ciilighten- 
 mont of the American Cabinet was too great to permit ns 
 to suppose it to have any idea of compromising, by thought- 
 less action, the true interests of the United Stales. 
 
 While expressing to Mr. Dayton the entire satisfaction 
 whioh the assurances he was charged with giving to us 
 caused to the government of the Emperor, I added that 1 
 thought, in effect, that, even from the point of view of the 
 United States, the choice would not he doubtful between 
 the establishment in Mexico of a stable and regular gov- 
 ernment, and the perpetuation of an anarchy of which 
 they had been the first to suffer and to point o"ut the great 
 inconvenience. 
 
 The reorganization of u vast country which, after the 
 restoration of orcier and security,is expected to play an 
 important economical part in the world, would be for the 
 United States especially a real source of advantage, since 
 it would open a new market to them from which they, be- 
 cause of their proximity, would profit more than others. 
 
 The prosperity of Mexico would therefore agree with 
 their rightly understood intere^s, and I certainly do not 
 believe that the Government of Washington could misun- 
 derstand this truth. 
 
 DROUYN DE L'HUYS. 
 
 The Arguelles Case. 
 
 1864, May 28 — In the Senate Mr. Tohnson 
 offered this resolution, which was agreed to : 
 
 Unsolved, That the President be requested to inform the 
 Senate, if lie shall not deem it incompatiiile with the pub- 
 lic interest, whether he has, and when, authorized a person 
 alleged to have committed a crime against Spain or any of 
 its dependencies, to be delivered up to oificers of that gov- 
 ernment; and whether such delivery was had ; and if so, 
 under what authority of law or treaty it wjis done. 
 
 May 31 — The President transmitted a reply 
 covering a report from the Secretary of State 
 and other documents, by which it appears that 
 Don Jose Augustin Arguelles, an officer in the 
 Spanish army in Cuba, had capture I a slave 
 expedition, while he was acting as Lieutenant 
 Governor of the district of Colon, in Cuba. It 
 
OUR FOREIGN RELATIONS. 
 
 355 
 
 was subsequently discove-ed that ho had, with 
 the connivance of the curate of Colon, made 
 representations to the Spanish Government 
 that one hundred and forty-one of the recap- 
 tured negroes had died of small-pox, though, 
 in fact, he had sold them into slavery, and suc- 
 ceeded in escaping to the United States, where 
 he was arrested by the officers of the United 
 States and surrendered to the Cuban authori- 
 ties. 
 
 In explanation of this act on the part of the 
 Government of the United States, the Secre- 
 tary of State reports as follows : 
 
 Department of State, 
 
 WASnixGTOJf, May 30. 1S64. 
 
 The Secretary of State, to whom was referred the resolu- 
 tion of the Senate of the 28th instant, requesting the Presi- 
 dent to inform that body, "if he shall not deem it incom- 
 patible with the public interest, whether he has, and when, 
 authorized a person, alleged to have committed a crime 
 against Spain, or any of its dependencies, to be delivered 
 up to officers of that government ; and whether such deliv- 
 ery was had; and if so, under what authority of law or of 
 treaty it was done," has the honor to subuiit to the Presi- 
 dent a copy of the papers which are on tile or on record in 
 this department relative to the subiect of the resolution. 
 
 By the act of Congress of the loth of May, 1820, the Af- 
 rican slave trade is declared to be piracy. 
 
 By the ninth article of the treaty of 1842 with Great 
 Britain, it is stipulated that, " Whereas, notwithstanding all 
 eUbrts which may be made on the cuast of Africa for sup- 
 pressing the slave trade, the facilities for carrying on that 
 traffic, and avoiding the vigilance of cruisers, by the fraud- 
 ulent use of flags and other means, are so great, and the 
 temptations lor pursuing it, while a market can be found 
 for slaves, so strong, as that the desired result may be 
 long delayed, unless all markets be shut against the pur- 
 chase of African negroes, the parties to this treaty agree 
 that they will unite mail becoming representations and re- 
 monstrances with any and all powers within whose domin- 
 ions such markets are allowed to exist, and that they will 
 urge upon all such powers the propriety and duty of closing 
 such markets effectually at once and forever." 
 
 There being no treaty of extradition between the United 
 States and Spain, nor any act of Congress directing how 
 fugitives from justice in Spanish dominions shall be de- 
 livered up, the extradition in the case referred to in the 
 resolution of the Senate is understood by this department 
 to have been made in virtue of the law of nations and the 
 Constitution of the United States. 
 
 Although there is a conflict of authorities concerning the 
 expediency of exercising comity towards a foreign govern- 
 ment by surrendering, at its request, one of its own sub- 
 jects charged with the commission of crime within its 
 territory, and although it may be conceded that there is no 
 national obligation to make such a surrender upon a de- 
 mand therefor, unless it is acknowledged by treaty or by 
 statute law, yet a nation is never bound to furnish asylum 
 to dangerous criminals who are offenders against the hu- 
 man race ; and it is believed that if in any case the comity 
 could with propriety be practiced, the one which is under- 
 stood to have called forth the resolution furnished a just 
 occasion for its exercise. 
 
 Respectfully submitted. WILLIAM H. SEWARD. 
 
 To the PREsmEXT. 
 
 Upon the arrival at Havana of the fugitive 
 Arguelles, General Dulce, the Captain-General 
 
 of Cuba, addressed to the Spanish niinister at 
 Washington the follov.ing note : 
 
 Most Excellent Sir : My aide-de-camp, with the person 
 expected, arrived in the steamer Eagle. 
 
 I request your excellency to render thanks in my name 
 to Mr. Seward for the service which he has rendered to 
 humanity by furnishing the medium through which a great 
 number of human beings will obtain their Ireedom, whom 
 the desertion of the person referred to would have reduced 
 to slavery. His presence alone in this island a very few 
 hours has given liberty to eighty-six. 
 
 I also render thanks to your excellence for the efficiency 
 of your action. 
 
 God presen-e your excellency many vears. 
 
 DOMLNGO DULCE. 
 
 Havana, May 19, 1864. 
 
 Murr.ay, United States Marshal for the 
 Southern District of New York, w-as indicted 
 by the grand jury for the arrest of Arguelles, 
 on a charge of kidnapping, and the matter 
 came up before the General Sessions in New 
 York, upon a petition of the counsel for de- 
 fendant to transfer the case to the United States 
 District Court, on the ground that under the 
 act of Congress passed March 3, 1863, relating 
 to habeas corpus, &c., any officer of the Federal 
 Government, exposed to criminal prosecution, 
 might remove the case in the Federal courts 
 by filing a petition setting forth that the of- 
 fence charged was done by the authority of the 
 President or the Congres? of the United States. 
 
 July 6 — Judge Russell and Recorder Hoff- 
 mann concurring, decided that the petition to 
 remove the case to the United States courts 
 must be denied, the State courts having juris- 
 diction thereof. The counsel for the defence 
 then made a motion to quash the indictment. 
 
 IN HOUSE. 
 June 6 — Mr. Cox offered this resolution: 
 Eesdlved, That the recent extradition of a Spanish pnh. 
 ject, by the action of the Chief Exec:itiv.» • !>. r , ( 
 States, in the absence of a law ort:.'ay la he- ouOjtc, 
 was a violation of theConstitutiou of the United States andof 
 the law of nations, and in derogation of the right of asylum, 
 which has ever been a distinguishing feature of our politi- 
 cal system. 
 
 The House refused to second the demand for 
 the previous question — yeas 38, nays 57. 
 
 It was then i-eferred to the Committee on the 
 Judiciary — yeas 72, nays 43. The Nays were — 
 
 Messrs. James C. Allen, Jncona, Aicgustus C. BdldvHn, 
 Bliss, James S. Brown, Coffroth, Cox, Cravens, Dawson, 
 Denison, Eden, Edgerton, Eldridge, Finclc, Ganson, Har- 
 ding, Harrington, Charles M. Harris, Holman, Hutchins, 
 William Johnson, King, Knapp, Law, Lazear, Le Blond, 
 Long, Mallory, Marcy, McDowell, James R. Morris, Mor- 
 rison, Pendleton, Perry, Robinson, Rogers, Ross, Scott, 
 Strouse, Wadsworth, Wneder, Chilton A. White, Joseph W. 
 White-^3. 
 
THE FINANCES. 
 
 Our Financial Legislation. 
 
 The financial legislation has been as follows : 
 
 I860, December 17— Authorized an issue of $10,000,000 in 
 Treasury notes, to be redeemed after the expiration of one 
 year from the date of issue, and bearing such a rate of in- 
 terest as may bo offered by the lowest bidders. Authority 
 was given to issue these notes in payment of warrants in 
 favor of public creditors at their par value, bearmg six per 
 cent, interest per annum. 
 
 1801, February 8— Authorized a loan of $25,000,000, bear- 
 ing interestat a rate not exceeding six per cent, per annum, 
 aiid reimbursable within a period not beyond twenty years 
 nor less than ten years. This loan was made for the pay- 
 ment of the current expenses, and was to be awarded to the 
 most favorable bidders. 
 
 March 2— Authorized a loan of $10,000,000, bearing Inter- 
 est at a rate not exceeding six per cent, per annum, and re- 
 imbursable after the expiration of ton years from July 1, 
 1801. In case proposals for the loan were not acceptable, 
 authority was given to issue the whole amount in TREASmiY 
 NOTES, bearing interest at a rate not exceeding six per cent, 
 per annum. Authority was also given to substitute Treas- 
 ury NOTES for the whole or any part of the loans for which 
 the Secretary was by law authorized to contract and issue 
 bonds, at the time oi' the passage of this act, and such treas- 
 ury notes were to be made receivable in payment of all pub- 
 lic dues, and redeemable at any time within two years from 
 March 2, 1861. 
 
 March 2— Authorized an issue, should the Secretary of 
 the Treasury deem it expedient, of $2,800,000 in coupon 
 BONDS, bearing interest at the rate of six per cent, per an- 
 num, and redeemable in twenty years, for the payment ot 
 expenses incurred by the Territories of Washington and 
 Oregon in the suppression of Indian hostilities during the 
 years 1855-'a6. 
 
 July 17— Authorized a loan of $250,000,000, for which 
 could be issued bonds bearing interest at a rate not exceed- 
 ing 7 per cent, per annum, irredeemable for twenty years, 
 and after that redeemable at the pleasure of the United 
 States. 
 
 Treasury notes bearing interest at the rate of 7.30 per 
 cent, per annum, payable three years after date; and 
 
 United States notes without interest, payable on demand, 
 to the extent of S.j0,000,000. (Increased by act of February 
 12, 1862, to 860,000,000.) 
 
 The bonds and treasury notes to be issued in such pro- 
 portions of each as the Secretary may deem advisable. 
 
 August 5 — Authorized an issue of bonds bearing 6 per 
 cent, interest per annum, and payable at the pleasure of the 
 United States after twenty years from date, which may be 
 issued in exchange for 7.30 treasury notes; but no such 
 bonds to be issued for a less sum than $500, and the whole 
 amount of such bonds not to exceed the whole amount of 
 7.30 tre;isury notes issued. 
 
 1862, February 25— Authorized the issue of $150,000,000 
 in legal tender United States notes, $50,000,000 of which to 
 be in lieu of demand notes issued underactof July 17,1861, 
 $.')00,000,000 in 6 per cent, bonds, redeemable after five years, 
 and payable twenty years from date, which may be ex- 
 chansoil for United States notes, and a temporary loan of 
 $25,000,000 in United States notes for not less than thirty 
 days, payable after ten days' notice at 5 per cent, interest 
 per annum. 
 
 March 17 — Authorized an increase of temporary loans of 
 $25,000,000, bearing interest at a rate not exceeding 5 per 
 cent, per annum. 
 
 July 11 — Authorised a further increase of temporary 
 
 loans of $50,000,000, making the whole amount authoi 
 $100,000,000. 
 
 March 1— Authorized an issue of certificates of indebt- 
 edness, payable one year from date, in settlement of audited 
 claims against the Government. Interest 6 per cent, per 
 annum, payable in gold on those issued prior to March 4, 
 1863, and in lawful currency on those issued on and after 
 that date. Amount of issue not specified. 
 
 1862, July 11— Authorized an additional issue of $150,000,- 
 000 legal tender notes, $35,000,000 of which might be in de- 
 nominations less than five dollars. Fifty million dollars of 
 this issue to be reserved to pay temporary loans promptly 
 in case of emergency. 
 
 Juljr 17 — Authorized an issue of notes of the fractional 
 part of one dollar, receivable in payment of all dues, except 
 customs, less than five dollars, and exchangeable for United 
 States notes in sums not less than five dollars. Amount of 
 issue not specified. 
 
 1863, January 17— Authorized the issue of $100,000,000 in 
 United States notes for the immediate payment of the army 
 and navy; such notes to be a part of the amount provided 
 for in any bill that may hereafter be passed by this Con- 
 gress. The amount in this resolution is included in act of 
 March 3, 1863. 
 
 March 3 — Authorized a loan of $300,000,000 for this and 
 $600,000,000 for the next fiscal year, for which could be is- 
 sued bonds running not less than ten nor more than forty 
 years, principal and interest payable in coin, bearing inter- 
 est at a rate not exceeding 6 per cent, per annum, payable 
 on bonds not exceeding $100, annually, and on all others 
 semi-annually. And Treasury notes (to the amount of 
 $400,000,000) not exceeding three years to run, with interest 
 at not over 6 per cent, per annum, principal and interest 
 payable in lawful money, which may be made a legeal tender 
 for their face value, excluding interest, or convertible into 
 United States notes. And a further issue of $150,000,000 in 
 United States notes for the purpose of converting the Treas- 
 ury notes which may be issued under this act, and for no 
 other purpose. And a further issue, if necessary, for the 
 payment of the army and navy, and other creditors of the 
 Government, of !^150,000,000 in United States notes, which 
 amount includes the $100,000,000 authorized by the joint 
 resolution of Congress, January 17, 1863. The whole amount 
 of bonds, treiisury notes, and United States notes issuej 
 under this act not to exceed the sum of $900,000,000. 
 
 March 3— Authorized an issue not exceeding $50,000,000 
 in fractional currency, (in lieu of postage or other stamps,) 
 exchangeable for United States notes in sums not less than 
 three dollars, and receivable for any dues to the United 
 States less than five dollars, except duties on imports. The 
 whole amount issued, including postage and other stamps 
 issued as currency, not to exceed $50,000,000. Authority 
 was given to prepare it in the Treasury Department, under 
 the supervision of the Secretary. 
 
 1861, March 3— Authorized, in lieu of so much of the loan 
 of JIarch 3, 1863, a loan of $200,000,000 for the current fiscal 
 year, for which may bo issued bonds redeemable after five 
 and witliin forty years, principal and interest payable in 
 coin, bearing interest at a rate nut exceeding 6 jjer cent, 
 per annum, payable annually on bonds not over $100, and 
 on all others semi-annually. These bonds to bo exempt 
 from taxation by or under State or municipal authority. 
 
 1864, June 30— Authorized a loan of $400,000,000, for 
 which may be issued bonds, redeemable after five nor more 
 than thirty years, or if deemed expedient, made payable at 
 any period liot more than forty years from date— interest 
 not exceeding six per cent, semi-annually, in coin. Secre- 
 tary of the Treasury is authorized to dispose of those bonds, 
 
 356 
 
THE FINANCES. 
 
 or any part, and of the remainder of the five-twenties, in the 
 United States or in Euroije, on such terms as he may deem 
 most advisable, for lawful money of the United States, or, at 
 his discretion, for Treasury notes, certificates of indebted- 
 ness, or certificates of deposit issued under any act of Con- 
 gress. And all bonds, Treasury notes, and other obligations 
 of the United States shall be exempt from taxation by or 
 under State or municipal authority. In lieu of an equal 
 amount of bonds, not exceeding S200,()00,000, the Secretary 
 is authorized to issue Treasury notes of not less than SIO, 
 payable at any time not exceeding three years, or, if thought 
 expedient, redeemable at any time after three years, at an 
 interest not exceeding seven and three tenths per cent., 
 payable in lawful money at maturity, or, at the discretion 
 of the Secretary, semi-annually. And the said Treasury 
 notes may be disposed of by the Secretary of the Treasury, 
 on the best terms that can be obtained, for lawful money ; 
 and such of them as shall be made payable, principal and 
 interest, at matuiity, shall be a legal tender to the same 
 extent as United States notes for their face value, excluding 
 interest, and may be paid to any creditor of the United 
 States at their face value, excluding interest, or to any 
 crecMtor willing to receive them at par, including interest; 
 and any Treasury notes issued under the authority of this 
 act may be made convertible, at the discretion of the Secre- 
 tary of the Treasury, into any bonds issued under the au- 
 thority of tiiis act. And the Secretary of the Treasury may 
 redeem and cause to be cancelled and destroyed any Treas- 
 ury notes or United States notes heretofore issued under 
 authority of previous acts of Congress, and substitute, in 
 lieu thereof, an equal amount of Treasury notes such as are 
 authorized by this act, or of other United States notes : Pro- 
 vided, That the total amount of bonds and Treasury notes 
 authorized by the first and second sections of this act shall 
 not exceed $400,000,000 in addition to the amounts hereto- 
 fore issued; nor shall the total amount of United States 
 notes, issued or to be issued, ever exceed S-100,000,000, and 
 such additional sum, not exceeding $50,000,000, as may be 
 temporarily required for the redemption of temporary loan ; 
 nor shall any Treasury note bearing interest, issued under 
 this act, be a legal tender in payment or redemption of any 
 notes issued by any bank, banldng association, or banker, 
 calculated or intended to circulate as money. 
 
 Sec. 3. That the interest on all bonds heretofore issued, 
 payable annually, may be paid semi-annually ; and in lieu 
 of such bonds authorized to be issued, the Secretary of the 
 Treasury may issue bonds bearipg interest payable semi- 
 annually. And he may also issue in exchange for Treasury 
 notes heretofore issued bearing seven and three-tenths per 
 centum interest, besides the six per cent bonds heretofore 
 authorized, like boEWs of all the denominations in which said 
 Treasui-y notes have been issued ; and the interest ou such 
 Treiisury notes after maturity shall be paid in lawful money, 
 and they may be exchanged for such bonds at any time 
 within three months from the date of notice of redemption 
 by the Secretary of the Treasury, after which the interest 
 on such 'Treasury notes shall cease. And so much of the 
 law approved Slarch 3, 1864, as limits the loan authorized 
 therein to the current fiscal year, is hereby repealed ; and 
 the authority of the Secretary of the Treasury to borrow 
 money and issue therefor bonds or notes conferred by the 
 first section of the act of March 3, 18G3, entitled "An act 
 to provide ways and means for the support of the Govern- 
 ment," shall ceise on and after the passage of this act, 
 except so far as it may effect [affect] §75,000,000 of bonds 
 already advertised. 
 
 SPECIAL WAR INCOME TAX. 
 Resolved, c£c.. That, in addition to the income duty alrea- 
 dy imposed by law, there shall be levied, aasessed, and col- 
 lected on the first day of October eighteen hundred and 
 sixty-four, a special income duty upon the gains, profits, 
 or income for the year ending the thirty-first day of Decem- 
 ber next preceding the time herein named, by levying, as- 
 sessing, and collecting said duty of all persons residing 
 within the United States, or of citizens of the United States 
 residing abroad, at the rate of five per centum on all sums 
 exceeding six hundred dollars, and the same shall be levied, 
 assessed, estimated, and coUi-cted, except as to the rates, 
 according to the provisions of existing laws for the collec- 
 tion of an income duty, annually, where not inapplicable 
 hereto ; and the Secretary of the Treasury is hereby au- 
 thorized to make such rules and regulations as to time and 
 mode, or other matters, to enforce the collection of the 
 special income duty herein provided for, as may be neces- 
 sary : Provided, That in estimating the annual gains, pro- 
 fits, or income, as aforesaid, for the foregoing special income 
 luty, no deductions shall be made for dividends or interest 
 •eccived from any association, corporation, or company, nor 
 jhall any deduction be made for any salary or pay received. 
 This resoution passed the House, July 4 — 
 feas 53, nays 49, as follows: 
 
 Yeas — Messis. Alley, Allison, Ames, Isaac N. Arnold, 
 
 Baxter, Boutwell, Boyd, Cobb, Cole, Creswell, Dawes, Dem< 
 ing, Dixon, Driggs, Eckley, Eliot, Garfield, Gaoch, Iliprby, 
 Hooper, Ilotchldss, J. H. Ilubbard, lniriis.,11, .I.tM-Ues, 
 Julian, Kelley, Longyear, JlcClurg, M'hh !, I M - - il. D. 
 Morris, Leonard Myers, Norton, Char I- 'i i n im, 
 
 Alexander II. Rice, John II. Kice, i: i . : I.. I, ;iius, 
 Schenck. Shannon. Sloan, Smith, Smitlur,-., li.in. i, . i...iu;is, 
 Tracy, Upson, EllihuB. Washburno, \\ illiuui li. Washburn, 
 Webster, Wilder, Wilson, Windoni, Woodbridge — 53. 
 
 NWS — Messrs. Auconrt, Bailij, Bliss, Brooks, Chanler, 
 Coffroth, Cox, P" '' ' '. "' li n. Eden, JCdgerton, Eldridr/e, 
 English, Gaii."/'. ,': JiminG. Harris, Charles M. 
 
 Harris, Hutch, I : !' > nson, Kernan, Knafrp, Law, 
 
 Lazcar,LeBli,i:'i. I, ml .,n. 0,ng,Marc>i, Maldfrfiui, IT/h. 
 II. Miller, James li. Morris, Mai-risoii, X"'! . '/(/'. ./-,/,« 
 O'Neill, Pendleton, Pruyn, Samuel J. I: J .i::,,n, 
 
 James S. Rollins, .Koss, Scofield, Jolin / li ' 'hi 
 
 G.Stede,?>tQV<iXis, Stiles, Sweat, Ward, \\ illiiuii-, WmiUld 
 
 Seventy-eight absentees. 
 
 It passed the Senate same day — yeas 28, 
 nay T, as follows : 
 
 Yeas— Messrs. Anthony, Clark, Oonness, Cowan, Doo- 
 littlo, Foot, Foster, Hale, Harlan, Harris, Hicks, Howe, 
 Johnson, Lane of Ijdiaua, Lace of Kansas, McOougalt, Mor. 
 gan, Morrill, Pomeroy, Ramsey, Sherman, Sumuer, Ten 
 Eyck, Trumbull, Van Winkle, Wilkinson, Willey, Wdson 
 
 Nays— Messrs. Buckalew, Carlile, Davis, Powell, Rich 
 ardson, Riddle, Sauhbury—l. 
 
 " Legal Tenders." 
 
 Second Session, Thirty-Seventh Congress. 
 
 1862, Feb. 6 — The House came to a vote oa 
 two propositions for the issue of $150,000,000 
 in Treasury notes. 
 
 The one, for notes without interest, aiad de- 
 nomination not below $5 — of which §50,000,000 
 should be in lieu of so many of the " Demand 
 notes" — to be receivable for all duties, imposts, 
 excises, debts, and demands of every kind due 
 to the United States, and all salaries, &;c., from 
 the United States, ^^ and shall also be lawful 
 money, and a legal tender in payment of all debts, 
 public and private, tvilhin the United States," to 
 be exchangeable for twenty year six per cent, 
 bonds, interest payable semi- annually, or five 
 year seven per cent, bonds with interest paya- 
 ble semi-annually in coin. Such United States 
 notes to be received the same as coin in pay- 
 ment for loans. Five hundred millions of 
 bonds authorized, payable after twenty years, 
 at six per cent, interest payable semi-annually. 
 
 The other, offered ..i an amendment, author- 
 ized $100,000 of Treasury notes at 3.G5 per 
 cent, per annum, payable in two years, to be 
 receivable for all public dues except duties oa 
 imports, and for all salaries, debts, and de- 
 mands owing by the United States to individ- 
 uals, corporations, and associations within the 
 United States, at the option of such individu- 
 als, corporations, and associations, exchangea- 
 ble for 7.30 bonds with interest payable semi- 
 annually in coin, and receivable the same as 
 coin in payment of loans. $500,000,000 of 
 bonds authorized — §200,000,000 at 7:30 inter- 
 est payable semi-annually in coin, and redeem- 
 able after ten years, and $300,000,000, redeem- 
 able after twenty-four years, at G per cent., 
 payable semi-annually in coin. 
 
 The latter was rejected — yeas 55, nays 95, as 
 follows : 
 
 Yeas -Messrs. Ancona. Baxter, Biddle, George IT. Browne, 
 William G. Drown, Cobb, Frederick A. Coiiklinfr, lioscoe 
 Conking. Conway, Corning, Cox, Cravens Crisjlckl , Crit- 
 lenilen. Diven, Eliot. English, (Juodw.n. Grider. Harding, 
 Holman, Horton, Johnson, Law, Lazear, Lovejoy, May, 
 
358 
 
 THE FINAXCES. 
 
 Slmzies, Justin S. Morrill, Morris, Nixon, NoWe, Norton, 
 Nugen, Oddl, Pendleton, Perry, Pomeroy, Porter, Edward 
 H. RolliDs,-5-o(lK\vick, SlieffieH, Shiel, William 6. Steele, 
 Stratton, Benjamin F. Thomas, Francis Thomas, Train, 
 Vallandigham. Wadsworih, E P. Walton, Ward, Webster, 
 aiitlon A. White, Wright— b5. 
 
 Nats — Mossrs. Aldrich, Alley, Arnold, Ashley, Babbitt, 
 Goldsmith F. Bailey, Joseph Baily. Baker, Beaman, Bing- 
 ham, Francis P. Blair, Jacob B. Blair, Samuel S. Blair, 
 Blake, Bullinton, Burnham, Campbell, Chamberlain, Clark, 
 Colfax, Cutler, Davis, Delano, Delaplaine, Duell, Dunlap, 
 Dunn, Eilgerton, Edwards, Ely, Fenton, Fessenden, Fisher, 
 Franchot, Frank, Gooch, Granger, Gurley, Haight, Hale, 
 Hanchett, Harrison, Hickman, Hooper, Hiitchins, Julian, 
 Kelley, Francis W. Kellogg, William Kellogg, Killinger, 
 Knapp, Lansing, Leary, Loomia, McKean, McKnight, 
 McPberson, Marston, Maynard, Mitchell. Moorhead, Anson 
 P. Morrill, Olin, Patton, Timothy G. Phelps, Pike, Price, 
 Alexander H. Rice, John H. Rice, Richardson, James S. 
 Rollins, Sargent, Shanks, Shellabarger, Sherman, Sloan, 
 Spaulding, John B. Steele, Stevens, Trimble, Trowbridge, 
 Upton, Van Horn, Van Valkenburgh, A'an Wyck, Verree, 
 Wall, Wallace, Charles W. Walton, Whaley, Albert S. 
 White, WicUiffe, Wilson, Windom, Worcester— 95. 
 
 The affirmative vote on the passage of the 
 former was the same as the negative on the 
 amendment except that Messrs. VV. G. Brown 
 and Crittenden, who voted aye on the amend- 
 ment, did not vote on the passage of the bill ; 
 Messrs. Dunlap, Knapp, Richardson, and Wick- 
 liffe, who voted nay on the amendment, voted 
 nay on the passage ; Messrs. Mallory, Robinson, 
 and Voorhees, who did not vote on the amend- 
 ment, voted nay on the passage ; Mr. Nugen, 
 who voted aye on the amendment, voted aye on 
 the passage ; and Messrs. Dunn and Riddle, 
 who did not vote on the amendment, voted aye 
 on the passage. 
 
 IN SENATE. 
 
 February 12 — The Committee of Finance 
 recommended instead of making these notes re- 
 ceivable for all demands due to, and all de- 
 mands owing by, the United States, this substi- 
 tute: 
 
 And such notes herein authorized shall be receivable in 
 payment of all public dues and demands of every descrip- 
 tion, and of all claims and demands against the United 
 States of every kind whatsoever, except for interest upon 
 bonds and notes, which shall be paid in coin. 
 
 Mr. Sherman moved to include with these 
 notes, " the notes authorized by the act of July 
 17, 1861 ;" which was agreed to. 
 
 The amendment as amended was agreed to. 
 
 Feb. 13 — Mr. Collamer moved to strike out 
 these words : 
 
 And such notes herein authorized and the notes author- 
 ized by the act of July 17, 1S61, shall be receivable in pay- 
 ment of all public dues and demands of every description, 
 and of all claims and demands against the United States 
 of every kind whatsoever, except for interest upon bonds 
 and notes, which shall be paid in coin, and shall also be 
 lawful money and a legal tender in payment of all debts, 
 public and private, within the United States, except inter- 
 est as aforesaid. 
 
 Which was rejected — yeas 17, nays 22, as 
 follows : 
 
 Yeas— Messrs. Anthony, Bayard, Collamer, Cowan, Fes- 
 senden, Foot, Foster, Kennedy, King, Latham, Nnsmilh, 
 Pearce, Powell, Saulsbury, Simmons, Thomson, Willey— 17. 
 
 Nays— Messrs. Chandler, Clark, Davis, Dixon, Doolittle, 
 Harlan, Harris, Henderson, Howard, Howe, Lane of Indi- 
 ana, McDougall, Morrill, Pomeroy, Rice, Sherman, Sumner, 
 Ten Eyck, Wade, W ilkinson, Wilson of Massachusetts, 
 Wilson of Missouri — 22. 
 
 Mr. Doolittle moved to amend the bill so as 
 to make the notes a legal tender " in payment 
 of all public debts, and all private debts here- 
 after contracted within the United States;" 
 which was rejected without a division. 
 
 Mr. King offered an amendment, proposing, 
 
 among other things, to strike out the legal ten- 
 der clause; but it was rejected without a 
 division. 
 
 The bill was then passed — yeas 30, nays 7, 
 as follows : 
 
 Yeas — Messrs. Anthony, Chandler, Clark, Davis, Dixon, 
 Doolittle, Fessondcn, Foot, Foster, Grimes, Hale, Harlan, 
 Harris, Henderson, Howard, Howe, Lane of Indiana, La- 
 tham, McDougall, Morrill, Pomeroy, Rice, Sherman, Sum- 
 ner, Ten Eyck, Tnimbull, Wade, Wilkinson, Wilson of 
 Massachusetts, WiUon of Missouri — 30. 
 
 Nays — Messrs. Collamer, Cowan, Kennedy, King, Pearce, 
 Powell, Saulsbury — 7. 
 
 Feb. 20 — In the House, the question being 
 on concurring in the amendment of the Senate 
 making the interest upon bonds and notes pay- 
 able in coin, 
 
 Mr. Stevens moved to include also " pay- 
 ments to officers, soldiers, and sailors, in the 
 Army and Navy of the United States, and for 
 all supplies purchased for the said Govern- 
 ment ;" which was rejected — yeas G7, nays 72. 
 
 The amendment of the Senate, making interest 
 payable in coin was then concurred in — yeas 
 88, nays 55, as follows : 
 
 Yeas — Messrs. Ancona, Arnold, Ashley, Baxter, Beaman, 
 Biddle, Jacob B. Blair, George H. Browne, William G. 
 Brown, Burnham, Calvert, Clements, Cobh, Frederick A. 
 Conkling, Roscoe Conkling, Conway, Covode, Cox, Cravens, 
 Crittenden, Diven, Dunlap, Dunn, Eliot, English, Goodwin, 
 Grider, Gurley, Haight, Hull, Harding, Hulman, Horton, 
 Johnson, Kelley, Knapp, Law, Leary, Lehman, Loorais, 
 Lovejoy, McKnight, Mallory, May, Mmzics, .Justin S. Mor- 
 rill, Nixon, Noble, Norton, Nugen, Oddl, Patton, Pendleton, 
 Perry, Timothy G. Phelps, Pike, Pomeroy, Alexander 
 H. Rice, Riddle, Robinson, Edward H. Rollins, James S. 
 Rollins, Sargent, Sedgwick, Sheffield, Sherman, Shiel, Smith, 
 John B. Steele, William G. Siade, Stratton, Benjamin F. 
 Thomas, Francis Thomas. Train, Trimble, Vallandigham, 
 Vihbard, Voorhees, Charles W. Walton, E. P. Walton, 
 Ward, Wiishburne, Webster, AVhaley, Wheeler, Wickliffe, 
 Woodruff, Wright— SS. 
 
 Nats — Messrs. Aldrich, Alley, Babbit, Joseph Baily, B.aker, 
 Bingham, Francis P. Blair, Samuel S. IJhur, Blake, BuflSn- 
 ton, Campbell, Chamberlain, Clark, Davis, Dawes, Duell, 
 Edwards, Ely, Fenton, Fessenden, Fisher, Franchot, Frank, 
 Granger, Hale, Hanchett, Harrison, Hickman, Hooper, Ju- 
 lian, William Kellogg, Killinger, Lansing, MePherson, 
 Marston, Maynard, Moorhead, Anson P. Morrill, Noell, Olin, 
 John H. Rice, Shanks, Sloan, Spaulding, Stevens, Trow- 
 bridge, Van Horn, Van Valkenburgh, Verree, Wall, Wallace, 
 Albert S. \ATiite, Wilson, Windom, Worcester— 55. 
 
 Other amendmentswere non-concurred in, and 
 a Committee of Conference agreed upon the 
 bill as it became a law. 
 
 One feature of this report was to provide 
 that the Treasury notes issued under t e bill 
 should not be a legal tender in payment of du- 
 ties, and the duties on imports, made payable 
 in coin, should be pledged for the payment of 
 interest on the bonds. 
 
 The report was agreed to in the House — yeas 
 98, nays 22. The Nays were — 
 
 Messrs. Baker, Biddle, Bufflnton, Cox, Edwards, English, 
 Haight, Hooper, Johnson, Justin S. Morrill, Oddl, PcnUleto)/, 
 Perry, Pike, Robinson, Sheffield, William G. Steele, A'au 
 Wyck, Voorhexs, Wickliffe, Wood, Woodruff— 22. 
 
 The Senate concurred without a division. 
 
 While this question was pending before the 
 Committee of Ways and Means, the Secretary 
 of the Treasur}^ Mr. Chase, addressed them a 
 letter, from which this is an extract: 
 
 Treascht DEPAr.TMEM, January 29, lS6'i. 
 
 Sir: I have the honor to acknowledge the receipt of a 
 resolntion of the Committee of Ways and Means, retV 'ring 
 me to House bill No. 210, and recin'esting nty opinion as to 
 the propriety and necessity of its immediate pii.ssage by 
 Congress. 
 
 The condition of the Treasury cert.iinly renders iinmef^i- 
 ate action on the subject of affording provision for the e- •■ 
 
THE FINANCES. 
 
 359 
 
 penditures of the GoTemment, both expedient and neces- 
 Bury. The g»neral provisions of the bill submitted to me, 
 goe'in to mo well adapted to the end proposed. There iiro, 
 however, some points which may, perhaps, bo usefully 
 amended. 
 
 The proTision making Unitsd States notes a lep^al tender 
 luis doubtless been well considered by the committee, and 
 thou- conclusion needs no support from any observation of 
 niine. I think it my duty, however, to say, that in respect 
 to this provision my reflections have conducted me to the 
 same conclusions they have reached. It is not unknown 
 to them that I have felt, nor do I wish to conceal that I now 
 feel, a great aversion to making anything but coin a legal 
 tender in payment of debts. It has been my anxious wish 
 to avoid the ne«essity of such legislation. It is, however, 
 at present impossible, in consequence of the largo expendi- 
 tures entailed by the war, and the suspension of the banks, 
 to procure sufficient coin for dishm'sements; and It has, 
 therefore, become indispensably necessary that we should 
 resort to the issue of United States notes. The making 
 them a legal tender might, however, still be avoided if the 
 willingness manifested by the people generally, by railroad 
 companies, and by many of the banking Institutions, to 
 receive and pay them as money in all transactions were 
 absolutely or practically universal ; but, unfortunately, there 
 are some persons and some institutions which refuse to re- 
 ceive and pay them, and whose action tends not merely to 
 the unnecessary depreciation of the notes, but to establish 
 discrimination in business against those who, in this mat- 
 ter, give a cordial support to the Government, and in favor 
 of those who do not. Such discriminations should, if pos- 
 sible, be prevented ; and the provision malung the notes a 
 legal tender, in a great measure at least, prevents it, by put- 
 ting all citizens, in this respect, on the same level both of 
 riglits and duties. 
 
 The committee, doubtless, feel the necessity of accom- 
 panying this measure by legislation necessary to secure the 
 highest credit as well as the largest currency of these notes. 
 Tliis security can bo found, in my judgment, by proper pro- 
 Tisions for funding them in interest bearing bonds, by well- 
 guarded legislation authorizing banking associations with 
 circulation based on the bonds in which the notes are fund- 
 ed, and by a judicious sj-stem of adequate taxation, which 
 will not only create a demand for the notes, but — by secur- 
 ing the prompt payment of interest — raise and sustain the 
 credit of the bonds. Such legislation, it may be hoped, w^ill 
 divest the legal lender clause of the bill of injurious ten- 
 dencies, and secure the eai-liest possible return to a sound 
 currency of coin and promptly convertible notes. 
 
 I beg leave to add that vigorous military operations and 
 the unsparing retrenchment of all necessary expenses will 
 also contribute essentially to this desirable end. 
 
 ******* 
 
 I have the honor to be, with very great respect, yours 
 truly, S. P. CHASE. 
 
 lion. Tn^vDDEUS Stevens, Chairman. 
 
 During the pendency of this question, 
 1862, January 15 — Mr. Coening offered this 
 joint resolution : 
 
 Resolved, <£-c.. That in order to pay the ordinai-y expenses 
 of the Government, the interest on the national loans, and 
 have an ample sinking fund for the ultimate liquidation of 
 the public debt, a tax shall be imposed, which shall, with 
 the tariff on imports, secure an annual revenue of not less 
 than §150,000,000. 
 
 Which was adopted — yeas 133, nays^S. The 
 Nays were : 
 Messrs. Alkn, Norton, Robinson, Shiel, Voorhees, Wood— 6. 
 
 The following Democrats voted aye : 
 Messrs. Ancona, Joseph Baily, Charles J. Biddle, G.. H. 
 Brinvne, C. B. Calvert, G. T. Cobb, E. Corning, S. S. Cox, J. 
 W. Criffield, Crittenden, Dunlap, J. E. English, Grider, E. 
 llaight, A. Harding, W. S. Holman, P. Johnson, J. Lazear, 
 W. E. Lehman, R. Malloi-y, J. W. Menzies, J. R. Morris, 
 W. P. Noble, J. W. Notll, R. H. Nugen, Odell, G. II. Pen- 
 ilhtan, N. Peri-y, J.S. RoUins, W. P. Sheflkld, J. B. Steele, 
 W. G. Steele, C. L. Vallandigham, C. Vibbard, Wadsworth, 
 E.Ward, C. A.Wickliffe, G. C.Woodruff, U. B.Wright— SS. 
 
 January 17 — The Senate passed the resolu- 
 iion — yeas 30, nays 1, (Mr. Powell.) 
 
 SMALL BANK NOTES — VETO MESSAGE. 
 
 To the Senate of the United States: 
 
 The bill which has passed the House of Rep- 
 resentatives and the Senate, entitled "An act 
 to repeal that part of an act of Congress which 
 
 prohibits tlic circulation of bank notes of a less 
 denomination than five dollars in the District 
 of Columbia," has received my attentive con- 
 sideration, and I now return it to the Senate, 
 in which it originated, with the following ob- 
 jections : 
 
 1. The bill proposes to repeal tlie existing 
 legislation, prohibiting the circulation of bank 
 notes of a less denomination than five dollars 
 within the District of Columbia, without per- 
 mitting the issuing of such bilU by banks not 
 now legally authorized to issue them. In my 
 judgment, it will be found imprsicticable, in 
 the present conditif>n of the currency, to make 
 such a discrimination. The banks have gener- 
 ally suspended specie payments; and a legal 
 sanction given to the circulation of the irre- 
 deemable notes of one class of them, will almo't 
 certainly be so extended, in practical operation, 
 as to include those of all classes, whether author- 
 ized or unauthorized. If this view be correct, 
 the currency of the District, should this act 
 become a law, will certainly and greatly de- 
 teriorate to the serious injury of honest trade 
 and honest labor. 
 
 2. This bill seems to contemplate no end 
 which cannot be otherwise more certainly and 
 beneficially attained. During the existing war, 
 it is peculiarly the duty of the National Gov- 
 ernment to secure to the people a sound circu- 
 lating medium. This duty has been, under 
 existing circumstances, satisfactorily perform- 
 ed, in part at least, by authorizing the issue of 
 United States notes, receivable tor all Govern- 
 ment dues except customs, and made a legal 
 tender for all debts public and private, except 
 interest on the public debt. The object of the 
 bill submitted to me, namely, that of providing 
 a small note currency during the present sus- 
 pension, can be fully accomplished by authoriz- 
 ing the issue — as part of any new emission of 
 United States notes made necessary by the 
 circumstances of the country — of notes of a 
 similar character, but of less denomination 
 than five dollars. Such an issue would answer 
 all the beneficial purposes of the bill ; would 
 save a considerable amount to the treasury, in 
 interest ; would greatly facilitate payments to 
 soldiers and other creditors of small sums ; 
 and would furnish to the people a currency as 
 safe as their own Government. 
 
 Entertaining these objections to the bill, I 
 feel myself constrained to withhold from it my 
 approval, and return it for the further considera- 
 tion and action of Congress. 
 
 ABRAIIA.M LINCOLN. 
 
 Ju?ie 23, 1862. 
 
 State Taxation. 
 
 First Session, Thirty-Eighth Congress. 
 
 June 22 — Tlic lomi bill before the House in 
 Committee of the Whole, and the question be- 
 ing on the first section, authorizing a loan of 
 $400,000,000, closing with this clause: 
 
 And all bonds, Trea-sury notes, and other obligations nt 
 the Uniteil States shall be exemjjt from taxation by or 
 under State or municipal authority. 
 
 Mr. Holman moved to strike out the clause, 
 which was agreed to — yeas Gl, nays 44. 
 
360 
 
 THE FINANCES. 
 
 Mr. HoLMAN moved to insert at tbe end of 
 tlie first section these words : 
 
 And that the brmcls and other obligations issued under 
 this act shall he subject to State and municipal taxation. 
 
 Mr. Noble moved to amend the amendment 
 l)j- substituting the following : 
 
 And all bonds, Treasury notes, and other obligations of 
 the United States, shall be subject to State and nniuicipal 
 taxation, on equal terms, the same as other property. 
 
 Which was rejected. 
 
 Mr. Kernan moved this substitute for Mr. 
 Holman's amendment : 
 
 And that the owners of the bonds and obligations issued 
 under and by virtue of the provisions of this act shall be 
 liable to State and municipal taxation upon the value 
 thereof to the same extent as they are liable to such taxa- 
 tion upon any other securities or similar personal estate 
 owned by them. 
 
 Mr. HoLMAN accepted the amendment, which 
 was rejected — yeas 56, nays 59. 
 
 June 23 — Pending the consideration of the 
 loan bill in the House, being in Committee of 
 the Whole, 
 
 Mr. Stevens offered this substitute for the 
 bill: 
 
 That the Secretary of the Treasury be, and he is hereby, 
 authorized to borrow, from time to time, on the credit of 
 the United States, 8100,000,000, for the service of the fiscal 
 year ending June 30, 1S65, and to issue therefor, coupon or 
 registered bonds of the United States, redeemable, at the 
 pleasure of the Government, after any period not less than 
 five nor more than thirty years, and, if deemed expedient, 
 made payable at any period not more than forty years from 
 date, payable in coin. And said bonds shall be of such 
 denominations as the Secretarv of the Treasury shall direct, 
 not less than fifty dollars, ana bear an annual interest not 
 exceeding eight per cent., payable semi-annually, and the 
 interest on all bonds heretofc^e issued, payable annually, 
 may be paid semi-annually ; and in lien of such bond, au- 
 thorized to be issued, the Secretary of the Treasury may 
 issue bonds, bearing interi'St, payable semi-aunuaMy. And 
 ho niiiy ;i1mi i.<>ui- ill rxrliaiige for Treasury notes hereto- 
 foru i:-:-niil In iiiim ,-' vi ii and three tenths per cent, inter- 
 est, lir.-iili-s ih ' >ix iirr r.'ut. bonds heretofore authorized, 
 like buiiils vi the aciionijuation of SlOO and of 850. And 
 all bonds, Treasury notes, and other obligations of the 
 United States shall be exempt from taxation by or under 
 State or municipal authority. 
 
 Mr. HoLMAN moved- to strike out the last 
 sentence, which was rejected, on division — yeas 
 58, nays 73. 
 
 The amendment was agreed to in Committee, 
 yeas "72, nays 51 ; but immediatel}' after was 
 rejected in the House — yeas 59, nays 81, as 
 follows : 
 
 Yeas — Messrs. William J. Allen, Anderson, Baihj, Augus- 
 tus C. Baldwin, Baxter, Blair, Blow, Boyd, Brooks, Broom- 
 all, William G. Brown, Cole, Dawson, Dcnison, Donnelly, 
 Eden, Eldridge, Farnsworth, Grider, Harding, Benjamin G. 
 Harris, Higby, Holman, Hotchkiss, Asahel W. Hubbard, 
 Ingersoll, Fhilip Johnson, William Johnson, Kalbjleisch, 
 Knapp, Law, Loan, Long, Marcy, McAllister, McClurg, 
 McDowell, William H. Miller, Mooihead, James R. Morris, 
 M'.n-ison, Amos Myers, John O'Neill, Orth, Robinson, Ross, 
 Scott, Shannon. John B. Steele, Stevens, Sweat, Thayer, Van 
 Valk(>nburgh, Whalev, Wheeler, Chilton A. White, Joseph 
 W. White, Wilson, Winfield—50. 
 
 Nats — Messrs. -'i.lley, Allison, Ames, Ancona, Arnold, 
 Afhley, John D. Baldwin, Beaman, Blaine, Boutwcll, Am- 
 lirose "W. Clark, Freeman Clarke, Cobb, Creswcll, Thomas 
 T. Davis, Dawes, Dixoti, Driggs, Eckley, Edge.rton, Eliot, 
 Kn'ilisli, Fcnton, Finck, Frank, Ganson, Garfield, Gooch, 
 o/lsi'i,;,/. li.ilr, Hn-rick, Hooper, John H. Hubbard, Uul- 
 bunl. .Iriii krs .lulian, Kelley, Francis W. Kellogg, Orlando 
 Ivcll i-\^:. /<■ rinni. Knox, Longyear, Marvin, McBride, Sam- 
 uel F Millir, :Mnrrill, Daniel Morris, Leonard Myers, iVo6Ze, 
 Norton, Ct/t/?, Charles O'Neill, Patterson, Pendleton, Ver- 
 ham. Pike, Pomerov, Price, Pniyn, Radford, Samuel J. 
 Randall, John H. U'ice, Edward H. Rollins, James S. Rol- 
 lins, Sclionck, Scofield, Sloan, Smithers, Spalding, William 
 G. Steele, Stiles, Strouse, Stuart, Upson, Ward, Ellihu B. 
 Washburne, William B. Wa'-hburn, Webster, Williams, 
 Benjamin iVuoU, Fernando Wood — SI. 
 
 I Mr. foMEno-. 
 second seuiidii 
 
 Snc.2. An'l hr 
 the Treasury n^ 
 St-.ites. bonds ol : 
 able in lawful . 
 andbeariiiu i:il 
 
 lliis s ibstitute for the 
 
 ted. That the Secretary cf 
 tlie credit of tlic United 
 111 not less than $100, pay- 
 
 I III ;l, \iais from the date thereof, 
 
 II ' It exceeding eight per cent, per an- 
 num, pa\ iiuially in lawful money, and may 
 receive ;, i i ' r the lawful money of the United 
 States, 'I'r I II > n ' -. certificates of indebtedness, or cer- 
 tificates of dip.i-it i- ued under any act of Congress. And 
 the Secretary of the Treasury, in addition to the tot^il 
 amounts of bonds authorized by the first and sec<ind sec- 
 tions of this act, shall issue at par, in redemption of any 
 o tstaiiding notes, certificates ot deposit, ceriificate-i of in- 
 dubtedness ofthe United States, bonds similar to those 
 hereinbef )re in this second section authoriz' d. in denomi- 
 nations of not less than $100, or of like denominations 
 similar to these authorized by the first secti' n, and pay- 
 able five years from date, wiih inti rest at six percent., 
 payable semi-annually. And the Secretai'y of the Treas- 
 ury is further authorized to issue, in lieu of any bonds 
 beietiifore authorized by law, and not now ii-sued in pur- 
 suance thereof, bonds similar to and in the denominations 
 hereby authorized. All outstanding notes, other than 
 United States notes, shall cease to be a legal tender in pay- 
 ment of public or private indebtedness on and after the 1st 
 day of October, lKl4. And no notes, other than United 
 States notes, shall hereafter be issued or reissued. Nor 
 shall the total amount of United States notes issued or to 
 be issued ever exceed 5-100,000,000, and such additional sum, 
 not exceeding ?50,(I00.000, as may be temporarily required 
 for the redemption of temporary loan. 
 
 Which was rejected — yeas 44, nays 81, as 
 follows : 
 
 Yeas — Messrs. Ancona, Augustus C. Baldwin, Brooks, 
 William 6. Brow^n, Freeman Clarke, Cqffroth, Cole, Cravens, 
 Creswcll, Dawes, Dawson, Edgerton, English, Farnsworth, 
 Ganson, Griswold, Harrington, Herrick, Holman, Hotch- 
 kiss, Jenckes, Kalbjleisch, Kernan, Law, Marcy, Samuel F. 
 Miller, James R. Moi-ris, Morrison, JS'elson, Odell, Pike, 
 Pomeroy, Price, Pruyn, James S. Rollins, Ross, Scofield, 
 John B. .Siee/e, Thayer, Van Valkenburgh, AVilliam B. Wash- 
 burn, Whaley. Wheeler, Wilson — U. 
 
 Nays — Messrs. William J. Alien, Alley, Allison, Ames, 
 Arnold, Ashley, Baily, John D. Baldwin, Baxter, Beaman, 
 Blair, Blow, Boutwell, Boyd, Broomall, James S. Brown, 
 Ambrose W. Clark, Cobb, Thomas T. Davis, Denison, Dixon, 
 Donnelly, Driggs, Eden, Eldridge, Eliot, Frank, 'Gooch, 
 Hale, Harding, Benjamin G. Harris, Hooper, Asahel W. 
 Hubbard, John H, Hubbard, Hulburd, Philip Johnson, Ju- 
 lian, Kelley, Francis W. Kellogg, Orlando Kellogg, Knaj)p, 
 Knox, Loan, Long, Longyear, McAllister, McBride, McChu-g, 
 Wm. H. Miller, Moorhead, Morrill, Daniel Morris, Amos 
 Myei-s, Leonard Myers, iVo6Ze, Norton, Charles O'Neill, John 
 O'Neill, Orth, Perham, John U. Rice, E. H. Rollins, Schenck, 
 Shannon, Sloan, Smithers, Spahhng, Wm. G.Steele, Stevens, 
 Stiles, Strouse, Stuart, Tracy, Upson, ElUhu B. Washburne, 
 Webster, Williams, Windom, Winfield, Benjamin Wood,Fer- 
 nando Wood — 81. 
 
 The bill then passed without the yeas and 
 nays being ordered. 
 
 June 2*7 — The bill was slightly amended in 
 the Senate, and passed without a division. 
 
 STATE TAXATION AGAIN. 
 
 June 28 — On concurring in Senate amend- 
 ments, Mr. Holman moved to add this proviso 
 to one of them: 
 
 Provided, That nothing in this act shall impair the right 
 of the States to tax the bonds, notes, and other obligations 
 issued under this act. 
 
 Which was rejected — yeas 71, nays 77, as 
 follows : 
 
 Yeas — Messrs. William J. Allen, Ancona, Bliss, Brooks, 
 James S. Brown, Chanter, Coffroth, Cox, Cravens, Dawes, 
 Dawson, Denison, Eden, Edgerton, Eldridge, English, Fmck, 
 Gansoi, Grider, Griswold, Harding, Harrington, diaries 
 M. Harris, Herrick, Holman, Hotchkiss, Hutchins, Philip 
 Johnson, William Johnson, Kalbjleisch, _ Kernan. Knapit, 
 Law. Lazear, Le Blond, Long, Mallory, Marcy, McDowell., 
 McKinney, Middleton, Samuel F. Miller, William H. Mil- 
 ler, James R. Morris, Morrison, Noble. John Neill, Pen- 
 dleton, Perry, Pomeroy, Pruyn. Radford. Samuel J. Ran- 
 dall. Robinson, Ross, John B. Sleets, Wdliam G. Steele, 
 Stiles, Stroune, Stuart^ Sweat, Thomas, Tracy, Van Valken- 
 
THE FINANCES. 
 
 3G1 
 
 Tiiircli, Wadsworth, Ward, Whiley, IVfmelcr, Chilton A. 
 WhUe.Jt,s,ph W. While, Wi, field— U. 
 
 NAri — Me-isi-8 Alley, Allis.ii, Ames, Amierson, Arnold, 
 John D. B;ildwiD, Baxier, Be.iman, Blaine, Blair, Blow, 
 Boutwell, B lyd, Bronniiill, William G. Brown, Cobb, Colo, 
 Croswell, Ile.iry Winter Davis, Tliimiaa T. Dnvis, iiemi jr, 
 Dixon, Donnelly, Dri.,'g-<, Kcklev, Eliot, Fcutiiii Cufielii, 
 Gooc'j, Hale, Iligby, Uooper. Asalifl W. Hubbanl, John U. 
 Ilubliard, HuRpurU, Ingcrsoll, Jenckes, Julian, Keiley, 
 Francis W. K.llogg. Orlando Kellogg. Littlcjobn, Loaii, 
 Longycav, Marvin, McBride, McClurg. M Indoe, Moorliead, 
 Daniel Morris, Amos Myers, Leonard Myers, Norton, I h.is. 
 O'Neill, Orth, Perlmm, Pike, Alexander H. Rice, John H. 
 Kice. Edward H. Rollins, tchenck, Scifield, Sh \nnon, .Sloan, 
 Smith, Sniithers, Spalding, Stevens, Thayer, Upson, Eilihu 
 B. Washbnrne, Wm. B. Washburn, Webster, Williams, 
 Wilder, Wilson, Wiudom — 77. 
 
 Taxation. 
 
 THE INTERNAL REVENUE AND TARIFF ACT OF 1861. 
 
 First Session, Thirty-Seventh Congress. 
 
 The bill to provide increased revenue from 
 imports, &c., passed the House August 2, 1861 
 — yeas 89, nays 39. The Nays were : 
 
 Messrs. Allen, Ancona, Beaman, Burndt, Cox, Cravens, Crit' 
 tenden, Durdap, Englisli, G rider, Ilaight, Hardimj, Holman, 
 Jackson, Johnson, Law, Logan. Mallcrry, May, Menzies, Mor- 
 ris, Nohle, Norton, Odell, J'endleton, Reid, James S. Rollins, 
 Shiel, Smith, Trcvbridge, Vallandigliam, Vibbard, Voorhees, 
 Wadsivorth, Ward, Webster, Chiltm A. White, Woodruff, 
 Wright— 39. 
 
 Same day, it passed the Senate — yeas 34, 
 nays 8, (.Messrs. Breckinridge, Bright, Johnson 
 of Missouri, Kennedy, Latham, Folk, Powell, 
 Saulsbury. ) 
 
 THE INTERNAL REVENUE ACT OF 1862. 
 
 Second Session, Thirty-Seventh Congress. 
 
 1862, April 8— The House passed the bill to 
 provide internal revenue, support the Govern- 
 ment, and pay inttTest on the public debt — 
 yeas 126, nays 15. The Nays were — 
 
 Messrs. William Allen, George H. Browne, Buffinton, Cox, 
 Kerrigan, Knapp, Law, Norton, Pendleton, Richardson, 
 Shiel, Vallandigham, Voorhees, Chilton A. White, Wickliffe 
 —15. 
 
 June 6 — Tb^j bill passed in the Senate — yeas 
 37, nay 1, (Mr. Powell.) 
 
 tax on slaves. 
 
 While this bill was pending in the House, 
 
 April 8 — Mr. Blair, of Missouri, oifered this 
 as a new section : 
 
 Sec. — . That any person who shall claim to own the ser- 
 Tice or labor lor life of any person under the laws of any 
 State, shall pay on account of the service of each person 
 so Keld the sum of two dollars. 
 
 Which was rejected — yeas 51, nays 76, as 
 follows : 
 
 Yeas — Messrs. Aldrich, Arnold, Babbitt, Baxter, Beaman, 
 Francis P. Blair, Samuel S. Blair, Blake, Campbell, Clark, 
 Clements, Colfax, Frederick A. Conkling, Roscoe Conkling, 
 Covodo, Davis, Dawes, Duell, Edgerton, Eliot, Fcssendeu, 
 Gurley, Uanchett, Hickman, Keiley, Francis W. Kellogg, 
 Killinger, Lansing, Loomis, McPherson, Mitchell, Moor- 
 hejid, Anson P. Morrill, Justin S. Morrill, Olin, Patton, Pike, 
 JohnH. Rice, Edward H. Rollins, Shanks, Sherman, Sloan, 
 Sp luliling, Stevens, Van Valkenburgh, Verree, Wallace, E. 
 P. Walton, Wheeler, Wilson, Windom— 51. 
 
 Nays — Messrs. Allen, Alley, Baker, Biddle, Bingh.am, 
 Jacol) B. Blair, William G. Brown, Buftinton, Calvert, Cham- 
 berlain, Coil), Corning, Cox, Cravens, Crittenden, Delaplaine, 
 Diven, Dunlap, Dunn, Edwards, English, Fisher, Frank, 
 Granger, Gridcr, Haight, Halo, Hall, Hardin;/, Harrison, 
 Hooper, Horton, Hutchins, Julian, Kerrigan, Knaj/p, Law, 
 La-nar. Lewy, Lehman, Lovejoy, Mallori/, Mnizirs, Nnlik, 
 Nodi, Nortnii, N'urv, Pcndlttcn, Perry , Timothy G.V\v\\is, 
 Ponioioy. I'oitcr. i'otter, Price, Alexander IL Rice, Riddle, 
 Jamrt S. R'lllins, S;irf;ont, Sheffield, Sheilabarger, Shiel, Sm ilh, 
 John B. Sifflc. William G. SOele, Strattoa, Benjamin F. 
 Thuniu.s, Francis Thomas, Trowbridge, VaUandigham, \'an 
 Hoin, W.idsvnrlh. Webster, Albert S. White, Chilton A. 
 White, Wickliffe, Wright— 16. 
 
 IN SENATE. 
 
 May 29 — Mr. Sumner offered this new section: 
 That an annual tax of five dollars shall bo paid by every 
 person or persons, corporation, or society, for and on ac- 
 count of the service or labor of every other pers- •< between 
 the ages of ten and sixty-five years, whose service or labor, 
 for a term of years or for life, is claimed to be oifTied by 
 such first mentioned person or persons, corporation, or so- 
 ciety, whether in a fiduciary capacity, or otherwise, under 
 and by virtue of the laws or customs of any State; and 
 said annual tax shall be levied and collected of the person 
 or persons, corporation, or society, making such claim, and 
 of their goods, chattels, or lands, as is hereinbefore pro- 
 vided; but in no case shall the person or persons whose 
 service or labor is so claimed, or their service or labor, be 
 sold for the purpose of collecting said tax : Provided, That 
 this tax shall not apply to service due to parents. 
 
 Mr. Henderson moved to add this proviso: 
 That the tax herein prescribed shall not bo levied or 
 collected in any State where a system of gradual emanci- 
 pation may have been adopted at the time of the collection. 
 
 Which was rejected — yeas 15, nays 20, as 
 follows : 
 
 Yeas— Messrs. Browning, Dixon, Doolittle, Grimes, Hale, 
 Harlan, Harris, Howe, Lane of Indiana, Porneroy. Sher- 
 man, Ten Eyck, Wiley, Wilson of Massachusetts, Wrir/ht, 
 —15. 
 
 Nays— Messrs. Anthony, CarliU, Chandler, Clark, Col- 
 lamer, Cowan. Davis, Fi.'ssenden, Foster, Howard, Kennedy, 
 King, Lane of Kansas, Morrill, Powell, Saulsbury, Sumner, 
 Trumbull, Wilkinson, Wilmot— 20. 
 
 Mr. Fessenden moved to amend Mr. Sum- 
 ner's, by reducing the tax from five to two 
 dollars, which was agreed to : 
 
 Yeas— Messrs. Anthony, Browning, Chandler, Clark, Col- 
 lamer, Cowan, Bavis, Dixon, Doolittle, Fessenden, Foster, 
 Grimes, Hale, Harl.an, Harris, Howard, Howe, Kennedy, 
 Lane of Indiana, Lane of Kansas, Morrill, Powell, Sher- 
 man, Simmons, Ten Eyck, Wade, Willey, Wrigt t—2S. 
 
 Nats— Messrs. Carlile, King, Latham, McDougall, Pome- 
 roy, Saulsbury, Sumner, Trumbull, Wilmot, Wilson of Mas- 
 sachusetts — 10. 
 
 Mr. Sumner's amendment was theu rejected 
 — yeas 14, nays 22, as follows : 
 
 Yeas— Messrs. Anthony, Clark, Fessenden, Grimes, Har- 
 lan, Howard, Howe, King, Lane of Kansas, Morrill, Sim- 
 mons, Sumner, Trumbull, AVade — 14. 
 
 Nays — Messrs. .Bayan?, Browning, Carlile, Cov!vm, Davis, 
 Dixon, Doolittle, Foster, Hale, Harris, Kennedy, Lane of 
 Indiana, Latham, McDozigaU, Porneroy, Powell, Saulsbury, 
 Sherman, Ten Eyck, Willey, Wilson of Massachusetts, 
 Wright— 22. 
 
 June 5 — Mr. Sumner offered this as a new 
 section : 
 
 That every person claiming the service or labor of any 
 other person as a slave, shall pay a tax of two dollars on 
 account of every person so claimed. But in no case shall 
 any person so claimed be sold for the purpose of collecting 
 the tax. 
 
 Which was agreed to — yeas 19, nays 16, as 
 follows : 
 
 Yeas— Messrs. Anthony, Chandler, Clark, Collaraer, Fes- 
 senden, Foot, Grimes, Harlan, Howard, Howe, King, Mor- 
 rill, Pomeroy, Rice, Simmons, Sumner, Wilkinson, Wil- 
 mot— 19. 
 
 Nays — Messrs. Browning, ' Carlile, Cowan, Davis, Dixon, 
 Doolittle, Foster, Hale, Lane of Indiana, Latham, Nesmith, 
 Powell, Willey, Wilson of Massachusetts, Wright — 16. 
 
 June 6 — Mr. Anthony^ moved to reconsider 
 this vote ; which was agreed to — yeas 22, nays 
 18, as follows : 
 
 Yeas— Messrs. Bayard, Browning, Carlile, Cowan, Davis, 
 Dixon, Doolittle, Foster, Hale, Hwris, Kennedy, Lane of 
 Indiana, Latham, McDougall, Nesmith, Powell, Rice, Sauls- 
 bury, Stark, Ten Eyck, Willey, Wright— 22. 
 
 Nays — Messrs. Anthony, Chandler, Clark, Fessenden, 
 Foot, Grimes, H.arlan, Howard, Howe, King, Morrill, 
 Pomeroy, Simmons, Sumner, Trumbull, Wade, Wilkinson, 
 Wilmot— 18. 
 
 Mr. Howe moved to amend the amendment 
 by inserting after the word " claimed " the 
 words, " except tlvose under ten and over sixty 
 
S62 
 
 THE FINANCES. 
 
 years of age," which was agreed to, and the 
 aiiiendment, as amended, was then rejected — 
 yeai. 17, nays 23, as follows : 
 
 Yeas — Messrs. Anthony, Chandler, Clark, Fessenden, 
 Foot, Gri.Tios, UarJiin, Howard, Howe, King, Jlorrill, Sim- 
 mons, Svn.mT,Tvumhull, Wi.d«, AVilUinson, Wilniot— 17. 
 
 Nays — Messvs. i?aj/ard. Browning, ('arlHr.Cov.-ixn, Davis, 
 Dixon, Do(jliiti9, Fotter, Hale, lliinis, KDtiud!/, Lane oC 
 Indiana, Latham, MDmigaU, A'eswiHi, Powell liice, Siuh- 
 burif, Stark, Ten Evck, Willey, Wilson of Mass., Wri[/ht 
 —23. 
 
 First Session. Thirty-Eighth Congress. 
 
 INTERNAL KKVENUE ACT OF 1864. 
 
 April 28 — The House passed the act of 1864 
 — yeas 110, nays di\ The Nays were : 
 
 Messrs. James C. AHen, WiUiamJ. AlUn,Ancrma,Brno7cs, 
 Chanler, Cor, Dawsmi, .H-cnism), Eden, Eldridge, Finch, 
 narringtm, Benjamin (9. .Harris, Herrick, Philip Johnson, 
 William Johnson, Knapp, Za.iiv, Le Blond, Lo7ig, Marcy, 
 McDowell, McKinney, Jc.mcs 1{. tlorris, Morrison, Kohle, 
 John O'Neill, Pendleton, Ihiy, Rohinson, Boss, Siilcs, 
 Strouse, Stuart, Voorhcn:, Ward, OliUon A. White, Joseph 
 W. White, Fernando Wood—59. 
 
 June 6 — The Senate ataendod and passed the 
 bill — yeas 22, nays 3, (MekJ!.if<. Davis, Hendricks, 
 Foivell.) 
 
 The bill, as finally agreed upon by a Com- 
 mittee of Conference, passed Without a division. 
 
 tariff act of liC3. 
 
 Second Session, Thirty-Sevuuth Congress. 
 
 IN HOUSE. 
 
 1862, July 1 — The House parsed, without a 
 division, a bill increasing tempovair Jly the duties 
 on imports, and for other purpo,su3. 
 
 July 8 — The Senate passed it without a di- 
 vision. 
 
 the tariff act of IS^dl. 
 
 June 4 — The House passed the Lill — yeas 81, 
 nays 28. The Nays were: 
 
 Messrs. James C. A lien. Bliss, James S. B> otm, Cox, Edger- 
 frm, Eldridge, Finck, Gridcr, Harding, li \iv.\ngton, Clias. 
 M. Harris, Herrick, Holman, Hutchins, C t Blond, Long, 
 Mallorij, Marcy, McDowtll, Morrison, IniH^, Pendleton, 
 Perrv. Pruyn, lioss, Wadsworth, Chilton A. White, Joseph 
 W. Wuite—'2S. 
 
 June 17 — The Senate passed the l)ill — j-eas 
 22, nays 5, (Messrs. Buckalew, Hm>^icks, Mc- 
 Dougall, Powell, Richardson.) 
 
 taxes in insurrectionary districv"^, 1862. 
 Second Session, Thirty-Seventh oongress. 
 
 1862, May 12— The bill for the co'lcction of 
 taxes in the insurrectionary districta passed the 
 Senate — yeas 32, nays 3, as follows . 
 
 Ye.as— Messrs. Anthony, Browning, ChM;<ller, Clark, 
 Dat'is, Di.xon, Doolittle, Fessenden, Foot, F\i'ter, Harlau, 
 Harris, Henderson, Howe, King, Lane of Indiana, Lane of 
 Kansas, Latham, McDnuaall, Morrill, JVcsvi^ W, Pomemy, 
 Rice, ;;herman, Sumner, Ten Eyck, TrunibuM, Wade, Wil- 
 kinson, Willey, Wilson of Miiasuchusetts, JFry AJ— 32. 
 Na¥S — Messrs. Howard, Powell, iSauisbur^ -I . 
 
 May 28 — The bill passed Houae- -yeas 98, 
 nrtys 17. The Nays were : 
 
 Messrs. Biddle, Calvert, Cravens, Johnson, KeTijan, Law, 
 Hallory, Menzies, Noble, Norton, Pendleton, Poyy, Francis 
 Ihomas, Vallandigham, Ward, WicUiffe, Wooo>-\1. 
 
 The Democrats who voted Aye wcrij : 
 Messrs. ylncoJ7a.i?at7y, Cohh. English, Haight. Ihilman. Leh- 
 man, Odell, Phelps, Jiichard son, James S. KoIUks, Sheffield, 
 Smitli. John B. SluU, IVm. G. Stule—i.i. 
 
 TAXES IN insurrectionary DISTRICTS, 1864. 
 
 IN SENATE. 
 
 June 27 — The bill passed the Senate without 
 a division. 
 
 July 2 — It passed the House without a di- 
 vision. 
 
 The National Currency Act* of 1863. 
 
 Third Session, Thirty-Seventh Congress. 
 
 IN SENATE. 
 
 1863, February 12— The bill passed— yeas 23, 
 nays 21, as follows: 
 
 Yeas — Messrs. Anthony, Arnold, Chandler, Clark, Doo- 
 little, Fessenden, Foster, Harding, Ilarlan, Harris, Howard, 
 Howe, Lane of Kansas, Morrill, Nct^mith, Ponicroy, Sherman, 
 Sumner, Ten Eyck, Wade, Wilkinson, Wilmot, Wilson of 
 Massachusetts — 23. 
 
 * Janu<iry 17— The President sent this message to Con- 
 gress : 
 Ihthe Senate and House of Representatives: 
 
 I have signed the joint resolution to provide for the imme- 
 diate payment of the army and navy of the United States, 
 passed by the House of Representatives on the 14lh and by 
 the Senate on the 15th instant. 
 
 The joint resolution is a simple authority, amounting, 
 however, under existing circumstances, to a direction to 
 the Secretary of the Treasury to make an additional issue 
 of $100,000,000 in United States notes, if so much money ia 
 needed, for the payment of the army and navy. 
 
 My approval is given in order that every possible facility 
 may bo afforded for the prompt discharge of all arrears of 
 pay due to our soldiers and our sailors. 
 
 While giving this approval, however, I think it my duty 
 to express my sincere regret that it has been found neces- 
 sary to authorize so large an additional issue of United 
 States notes when this circulation, and tliat of the sus- 
 pended banks together, have become already so redundant 
 as to increase prices beyond real values, there! ly aui^'ment- 
 ing the cost of living to the injury of labor, and the cost of 
 supplies to tlie injury of the whole country. 
 
 It seems very plain that the continued issues of United 
 States notes, without any check to the issues of suspended 
 banks and without adequate provision for the raising of 
 money by loans, and for funding the issues so as to keep 
 them within due limits, must soon produce disastrous con- 
 sequences. And this matter appears to me so important 
 that I feel bound to avail myself of this occasion to ask the 
 especial attention of Congress to it. 
 
 That Congress has power to regulate the currency of 
 the country can hardly admit of a doubt ; and that a ju- 
 dicious measure to prevent the deterioration of this cur- 
 reucy, by a reasonable taxation of bank cirouhttion or 
 otherwise, is needed, seems equally clear. Independently 
 of this general consideration, it would be unjust to the 
 peojjle at largo to exempt banks enjoying the special priv- 
 ilege of circulation from their just proportion of the public 
 burdens. 
 
 In order to raise money by way of loans mo.st easily and 
 cheaply. It is clearly necessary to give every possible sup- 
 port to the public credit. To that eud, a uniform currency, 
 in which taxes, subscriptions to loans, and all other ordi- 
 nary public dues, as w^ell as all private dues, may be paid, 
 is almost if not quite indispensable. Such a currency can 
 be furnished by banking associations, organized under a 
 general act of Congress, as suggested in my message at the 
 beginning of the present session. The securing of this cir- 
 culation by the pledge of United States bonds, as therein 
 suggested, would still further facilitate loans, l)y incre.asing 
 the present and causing a future demand for such bonds. 
 
 In view of the actual financial embarrassments of the 
 Government, and of the greater embarrassments sure to 
 come if the necessary* means of relief be not afforded, I 
 feel that I should not perform my duty by a simple an- 
 nouncement of my approval of the joint resolution which 
 proposes relief only by increasing circulation, without ex- 
 pressing my earnest desire that measures, such in sub- 
 stance as those I have just referred to, may receive the 
 early sanction of Congress. 
 
 By such measures, in my opinion, will payment be most 
 certainly secured, not only to the army and navy, but to 
 all honest creditors of the Government, and satisfactory 
 provision made for future demands on the treasury. 
 
 ABRAHA.U LINCOLN. 
 
 January 17, 18C3. 
 
THE FINANCES. 
 
 3G3 
 
 Nats— Messrs. Carlile, Collamer, Cowan, Davis, Dixon, 
 Foot, Grimes, Henderson, HicUs, Kennedy, King, Latham, 
 McDoujall, Powell, Rice, Richardson, SauUbury, Trumbull, 
 Turpie, Wall, Wilson of Missouri — 21. 
 
 IN HOUSE. 
 
 February 20 — The bill passed — yeas 78, uays 
 
 64, as follows : 
 
 Yeas — Messrs. Aldrich, Alley, Ashley, Babbitt, Beamim, 
 Bingham, Jacob B. Bhiir, Blake, Buffinton, Calvert, Camp- 
 bell, Casey, Chamberlain, Clements, Colfax, Conway, Co- 
 vode, Cutler, Davis, Delano, Dunn, Edgerton, Eliot, Ely, 
 Fenton, Samuel C. Fessenden, Thomas A. D. Fessendeti, 
 Fisher, Frank, Goodwin, Granger, Hahn, Haight, Hick- 
 man, Ilooper, Hutchins, Julian, Kellcy, Frnncia W. Kel- 
 logg, William Kellogg, Lausing, Leary, Lovejoy, Low, 
 Mcludoe, WcKean, McPherson, Marston, Mayuard, Moor- 
 head, Anson P. Mon-ill, Noell, Olin, Patton, Timothy G. 
 Phelps, Potter, Alexander H. Rice, John II. Rice, Sargent, 
 Sedgwick, Segar, Shanks, Shellabarger, Sherman, Sloan, 
 Spaulding, Stevens, Trimble, Trowl>ndge, Van Ilorii, Van 
 Wyck, 1»rree, Wall, Wallace, Washburne, Albert S. 
 White, Windom, Worcester — 78. 
 
 Nays — Messrs. William Allen, Ancona, Baihj, Baker, 
 Baxter, mUdle, Cobb, Frederick A. Conkling, Roscoe Conk- 
 ling, Cox, Cravens, Ctiltendeii, Dawes, Edwards, English, 
 Gooch, Grider, Gurley, Hall, Harding, Harrison, Holman, 
 Horton, Johnsott, Kerrigan, Knapp, Law, Lazear, Loomis, 
 Mallory, May, MeMzies, Justin S. Morrill, Morris, Nixon, 
 Nolle, Norton, Nugen, Odell, Pendleton, Perry, Pike, Pom- 
 eroy. Porter, Price, Kobinsm, James S. Rollins, Sheffield, 
 Skid, John B. Steele, William G. SteeU, Stiles. Stratton, 
 Benjamin F. Thomas, F. Thomas, Vallandigham, Wads- 
 worth, Wheeler, Whaley, Chilton A. WhiU, WicUiffe, Wil- 
 son, Woodruff, Wriglii — 64. 
 
 THE ACT OP 1864. 
 
 April 18 — The bill passed the House — yeas 
 80, nays 66, as follows: 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashlev, John D. Baldwin, Baxter, Beaman, Blaine, Jacob 
 B. Blair, BoutwcU, Boyd, Brooniall,W. G. Brown, A.W.Clark, 
 Freeman Clarke, Cobb, Cols, Creswell, Dawes, Doming, 
 T. T. Davis, Donnelly, Driggs, Dumont, Eckley, Farnsworth, 
 Fenton, Frank, Garfield, Gooch, Grinnell, Higb.y, Hooper, 
 Hotchkiss, Asahcl W. Hubbard, John H. Hubbard, Jenckes, 
 Julian, Kasson, Kelley, Francis W. Kellogg, Orlando Kel- 
 logg, Loan, Longyear, Marvin, McBride, McClurg, Mclndoo, 
 Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos 
 Myers, Norton, Charles O'Neill, Orth, Patterson, Perham, 
 Price, William H. Randall, John H. Rice, Edwaid H. Rol- 
 lins, Shannon, Sloan, Smith, Stevens, Thayer, Tracy, Upson, 
 Van Valkenburgh, Ellihu B. Washburne, William B. Wash- 
 burn, Webster, Williams, Wilder, Wilson, Windom, Wood- 
 bridge — 80. 
 
 Nats— M(»srs. J. C. A lien, W. J. A lien, Ancona, Baily, A . C. 
 Baldwin, Francis P. Blair, Bliss, Brooks, Chanler, Clay, 
 Coffroth, Cravens, Daivson, Dcnison, Eden, Eldridge, Finck, 
 Ganson, Grider, Griswold, Hall, Harding, Harrington, Ben- 
 jamin G. Harris, Charles M. Harris, Hcrrick, Holman, 
 Hutchins, William Johnson, Keman, King, Knapp, Law, 
 Lazear, Long, Mallory, Marcy, McDowell, McKinney, Mid- 
 dleton, William H. Miller, James R. J/orn's, Morrison, Nel- 
 son, Noble, Odell, Pendleton, Pruyn, Radford, Samuel J. 
 Randall, Robinson, Rogers, Ross, Scott, John B. Steele. W. G. 
 Steele, Stiles, Slrouse, Stuart, Thomas, Wheeler, Chilton A. 
 White, Joseph W. White, Winjield, Fernando Wood, Yea- 
 man — 66. 
 
 May 10 — The Senate passed it — yeas 30, nays 
 9, as follows : 
 
 Yeas— Messrs. Anthony, Chandler, Clark, Collamer, Con- 
 ness, Dixon, Doolittle, Fessenden, Foot, Foster, Hale, Hiir- 
 lan, Howard, Howe, Johnson, Lane of Indiana, Lane of 
 Kansas, Jlorgan, Morrill, Pomeroy, Ramsey, Sherman, 
 Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wil- 
 kinson, Willey, Wilson— 30. 
 
 Nays — Messrs. Buckalew, Cowan, Davis, G^inle^i, Uender- 
 »on, Powell, Richardson, Riddle, Saulsbury — 9. 
 
 IN HOUSE. 
 
 SMALL NOTES. 
 
 ^ending the consideratioa of this bill, 
 April 6 - A section w«s adopted, authorizing 
 the isrue to those banks of notes of the denoini- 
 uations of one, two, three, five, tea, twenty, 
 
 fifty, 01^ hundred, five hundred, and on" thou- 
 sand dollars — yeas 76, nays .54, as foUows: 
 
 Yeas — Messrs. Alley, Allisoir, Ames, Anderson, Ashley, 
 John D. Baldwin, Baxter, Beaman, Blaine, Blow, Boutwell, 
 Boyd, Broomall, Ambrose W. Clark, Cobb, Cole, Dixon, 
 Donnelly, Driggs, Eckley, Eliot, Frank, Gans'm, Gooch, 
 Grinnell, Griswold, Hale, Hotchkiss, Asahel W\ Hubbard, 
 John II. Hubbard, Jenckes, Julian, Kasson, Kelley, Francis 
 W. Kellogg, Orlando Kellogg, Loan, Longj-ear, Marvin, 
 McBride, McClurg, Samuel F. Miller, Moorhead, Morrill, 
 Daniel Slorris, Amos Myers, Leonard Myers, Charles O'Neill, 
 Orth, Patterson, Perham, Pomeroy, Price, Pruyn, Radford, 
 William H. Randall, Alexander H. Rice, John II. Rice, 
 Edward H. Rollins, Schenck, Scofiekl, Shannon, Spalding, 
 Starr, Stevens, Thayer, Upson, Van Valkenburgh, Ellihu U. 
 Washburne, William B. Washburn, Whaley, Williams,* 
 Wilder, Wilson, Windom, Woodbridge — 76. 
 
 N.«s — Messrs. James C.Allen, William J.Allen, Ancona, 
 Baily, Augustus C. Baldwin, Bliss, Brooks, James S. Brown, 
 William 6. Brown, Clianler, Cox, Dawson, Dcnison, Eden, 
 Eldridge, English, Finck, Grider, Harrington, Herrick, Hoi- 
 man, Philip Johnson, William Johnson, Kalbfleisch, Ker- 
 nan. Law, Long, Mallory, Marcy, McKinney, Middleton, 
 William H. Miller, James R.Morris, Morrison, Nelson, John 
 O^Neill, Pendleton, Samuel J. Randall, Robinson, Rogers, 
 James S. Rollins, Scott, John B. Steele, William G. Steele, 
 Strouse, Sweat, "Thomas, Voorhees, Wheeler, Chilton A. 
 White, Joseph W. While, Winfield, Benjamin Wood, Yea- 
 man — 64. 
 
 INTEREST. 
 
 The section enacting that seven per cent, in- 
 terest shall be deemed the lawful interest in 
 all States where no rate is established, but 
 each bank shall be bound by the State law 
 regulating interest in the State where it is lo- 
 cated, was agreed to — yeas 89, nays 45. 
 
 STATE TAXATION. 
 
 This section : 
 
 That nothing in this act shall be construed to prevent the 
 taxation by States of the capital stock of banks orgimizcd 
 under this act, the same as the property of other moneyed 
 corporations, for State or municipal pm-poses ; but no State 
 shall impose any tax upon such associations or their capi- 
 tal, cumulation, dividends, or business, at a higher rate of 
 taxation than shall be imposed by such State upon the 
 same amount of moneyed capital in the hands of iadividuaj 
 citizens of such State. 
 
 Was adopted — yeas 78, nays 56, as follows : 
 Yeas — Messrs. James C. Allen, William J. AUen, Ancona, 
 Baily, Augustus C.Baldwin, Bliss, Brooks, BroomaU, James 
 S. Brown, Wilham G. Brown, Chanler, Clay, Cox, Cravens, 
 Dawson, Denison, Eden, Eldridge, English, Finck, Ganson, 
 Grider, GHswold, Hall, Harrington, Benjamin G. Harris, 
 Herrick, Holman, Hotchkiss, Philip Johnson, William John- 
 son, Kalbfleisch, Orlando Kellogg, Keman, Law, Lazear, 
 Long, Mallory, Marcy, McKinney, Middleton, Samuel F. 
 Miller, William H. Miller, Janus R. Morris, Morrison, Amos 
 Myers, Nelson, Odell, John O'Neill. Orth, Pendleton, Pike, 
 Pomeroy, Pruyn, Radford, Samuel J. Randall, William II. 
 Randall, John H. Rice, Robinson, Rogers, Scofield, Scott, 
 Starr, John B. Stf.de, William G. Steele, Strouse, Sweat, 
 Tracy, Van A'alkenburgh, Ward, Whaley, Wheeler, Cliilton 
 A. ^Vliite, Jos-ph W. White, Windom, Winfield, Beiyamin 
 Wood, Yeaman — 78. 
 
 Nays — Messrs. Alley, Allison, Ames, Anderson, Ashley, 
 John D. Baldwin, Baxter, Beaman, Blaine, Blow, Boutwell, 
 Boyd, Ambrose W. Clark, Cobb, Cole, Thom;is T. Davis, 
 Dixon, Donnellv, Driggs, Eckley, Eliot, Frank, Gooch, Grin- 
 nell, Hale, Ilooper, Asahel W. Hubbard, John II. Hubbard, 
 Jenckes, Julian, Kasson, Kellej', Francis W. Kellogg, Loan, 
 Longyear, Marvin, McBride, JlcCIurg, Morrill, Daniel Slor- 
 ris, Leonard Myers, Charles O'Neill, Perham, Price, Alexan- 
 der H. Bice, Edward II. Rollins, Schenck, Shannon, 
 Sniithers, Spalding, Stevens, Thayer, Upson, Ellihu B. 
 Washburne, William B. Washburn, Wilder — 56. 
 
 MK. Stevens's substitute. 
 
 Upon these and other amendments being 
 adopted, Mr. Stevens offered a substitute for 
 the whole bill, which he explained as differing 
 from the amended bill in these respects only: 
 
 The substitute provides for a uniform rate of interest at 
 seven per cent., and withdraws these national banks from 
 State taxatiou and leaves them to be taxed by the national 
 Government. 
 
364 
 
 THE FINANCES. 
 
 Which was rejected — yca3 59, nnys 78, as 
 follows : 
 
 Yeas— Messrs. Alley, Allison, Ames, Anderson, Ashlov, 
 John D. Baldwin, Baxter, Boaman, Blow, Boutwell, Boyil, 
 Broomall, Ambrose W. Clark, Cobb, Cole, Tliomsis T. Davis, 
 Dixon, Donnelly, Driggs, Eckley, Eliot, Frank, Garfield, 
 Oooch, Grinnoll, Ilale, ilooper, John II. Hubbard, Jenckes, 
 Julian, Kasson, Kellcy, Francis W. Kellogg, Loan, Long- 
 year, Marvin, McBrlde, McClurg, Morrill, Daniel Morris, 
 Leonard Myers, Charles O'Neill, Patterson, Perliam, Alex- 
 ander II. Rice, Edward H. Rollins, Schenck, Scofield, Slian- 
 noo, Spalding, Stirr, Stevens, Thayer, Thomas, Upson, Wil- 
 liam B. Washburn, Wilder, Windom, Woodbridge — 09. 
 
 Nays— Mes.srs. James C. Allen, William J. Allen, Ancona, 
 Daily, Augustus C. Baldwin, Blaine, Bliss, Brooks, James 
 .v. Brown, William G. Brown, CJianler, Clay, Cox, Cravens, 
 Dawson, Denison, Eden, Eldridge, English, Finch, Ganson, 
 Grider, GrisKold, Hall, Harrington, Benjamin G. Harris, 
 Herrick, Holman, Hotchkiss, Asahel W. Hubbard, Philip 
 Johnson, IVilliam Johnson, Kalhfleisch, Orlando Kellogg, 
 Keman, L.utt, Long, Mallory, Marcy, McKinney, Middleton, 
 WiUiam II. iliUer, James li. ^forris, Morrison, AmosMyerB, 
 Nelson, Od.ll, .1 Jra ONcill, Orth, Pcndfeion, Pike, Pomeroy, 
 Price, Prui/i). nn'Jh.nl, Samuel J. Randall, William II.Ran- 
 dall, John II. Kice, liohinson, Ror/ers, James S. Rollins, 
 Scott, Sniithers, John B. Steele, W. G. Steele, Strouse, Sweat, 
 Ti-acy, Van Valkenburgh, Ward, Ellihu B. Washburne, 
 Wheeler, Chilton A . White, Joseph W. White, Wilson, Win- 
 field, Benjamin Wood, Teaman— 78. 
 
 On Mr. Stevens's motion, the bill was then 
 tabled- -yeas 91, nays 44. 
 
 STATE TAXATION. 
 
 April 16— A new bill, previously introduced, 
 ^as considered, containing (among others) this 
 provision : 
 
 " Every organization under this act shall pay to the 
 Treasurer of tlie United States a duty of one per cent, each 
 aalf year, from and after the 1st day of April, in the year 
 18G4, upon the maximum amount of their circulating notes 
 iuriug the six months ; and in default of such payment 
 the Treasurer of the United States is hereby authorized to 
 retain one per cent, of the amount of bonds required to be 
 ieposited as security for such circulation at each semi-an- 
 nual payment of the interest thereon; and such duty and 
 the taxes or duties imposed by Congress from time to time 
 shall be iu lieu of all other taxes on such associations: 
 Provided, That nothing in this act shall be construed to 
 prevent the market value of the shares in any of the said 
 banking associations, held by any person or body-corporate 
 created by State law, being included in the valuation of the 
 aggregate personal property of such person or i-^tate corpo- 
 ration in assessing any tax imposed by any State or muni- 
 cipal authority on the aggregate personal estate of all 
 persons subject to the authority of such State or munici- 
 pality." 
 
 Mr. Fenton moved to substitute this : 
 
 And that nothing in this act shall be construed to prevent 
 the taxation by States of the capital stock of banks organ- 
 ized under this act, ths same as the property of other mon- 
 eyed corporations for State or municipal purposes ; but no 
 Mate shall impose any tax upon such associations or their 
 capital, circulation, dividends, or business, at a higher rate 
 of taxation than shall be imposed by such State upon the 
 same amount of moneyed capital in the hands of individual 
 citizens of sucli State: Provided, Th:it no State tax shall be 
 imposed on any part of the capital stock of such associa- 
 tion invested in the bonds of the United States, deposited 
 as seciuity for its circulation. 
 
 Which was agreed to — yeas 70, nays 60, as 
 f jllows : 
 
 Yeas — Messrs. Alloy, Allison, Ames, Arnold, Ashley, 
 ly.Hy, John D. Baldwin, Baxter, Beaman, Blaine, Boutweil, 
 Broomall, William G. Brown, Ambrose W. Clark, Freeman 
 Clarke, Clay, Cobli, Cole, D;iwes, Driggs, Dumont, Eckley, 
 I'arnsw.jrth, Fonton, Frank, Gooch,Grinnell, Higby, Hooper, 
 llotehkiss, John II. Hubbard, Jenckes, Julian, Kasson, 
 I'rancis \V. K -ling;, Orlando Kellogg, Loan, Longyear, Mar- 
 vin, MeClurg, Mclndoe, Samuel F. Miller, Moorhead, Mor- 
 rill, Daniel Murris, Amos Myers, Charles O'Neill, Orth, 
 I'.ittersi.n. Pcrham, Pike, Pomeroy, Price, William II. Rau- 
 ddl, Alexaiid r II. Rice, Jolin II.Rice, Edward II. RoU-'ns, 
 S.iannon, Sloan, Smith, Tracy, Upson, A'an Valkenbi'rgh, 
 •niihn B. Washliurne, William B. Washburn, Weliter, 
 AVildtr, Wilson, Windom, Woodbridge — 70. 
 
 Nats— Messrs. James C. Allen, William J. Allen, Att- 
 guslus C. Baldwin, Brooks, James S. Brown, Chanter, Cra- 
 re.iie, Creswell, Henry Winter Davis, Dawson, Eden, Eldridge, 
 Find:. Ganson, Hall, Harding, HarringUm, Benjamin G. ' 
 Harrix, Hrrrick, Holman, Asahel W. Hubbard, Hutchiiis, 
 William. Johnson, Kalbfleisch, Kclley, Kernan, Kinq, Knapp, 
 Law, Lazear, Long, Marcy, McBride, McDowell, McKinnei/, 
 William H. Milkr, James R. Morris, Morrison, Kelson, 
 Noble, Odell, PcndUton, Pruyn, Radford, SamudJ. Randall, 
 Robinson, James S. Rollins, Ross, Scott, John B. Ste^lr, 
 Strouse, Stuart, Tha.yeT,1homas, Wheeler, Chilfrm A. White. 
 Joseph W. White, Williams, Winfield, Fernando Wood 
 —CO. 
 
 The bill was then passed. 
 
 IN SENATE. 
 
 ON TAXATION. 
 
 April 29 — The Senate committee reported a 
 substitute for Mr. Fenton's amendment adopted 
 by the House, which proposed that — 
 
 In lieu of all other taxes every association shall pay to the 
 Treasurer of the United States, in the months of January 
 and July, a duty of one half of one per cent, each half year 
 from and alter the 1st day of January, 186i, upon the aver- 
 age amount of its notes in circulation, and a duty of one 
 quarter of one per cent, each half year upon the average 
 amount of its deposits, and a duty of one quarter of one 
 per cent, each half year, as aforesaid, on the average amount 
 of its capital stock beyond the amount invested in United 
 States bonds. * * * Provided, That nothing in 
 this act shall be construed to prevent the market value of 
 the shares in any of the said associations, held by any per- 
 son or body-corporate, from being included in the valuation 
 of the personal property of such person or corporation in 
 the assessment of all taxes imposed by or under State au- 
 thority for State, county, or municipal purposes; but not at 
 a greater rate than is assessed upon all other moneyed cap- 
 ital in the hands of individual citizens of such State.' And 
 all the remedies provided by State laws for the collection of 
 such taxes shall bo applicable thereto : Provided, also. That 
 nothing in this act shall exempt the real estate of associa- 
 tions from either State, county, or municipal taxes to the 
 same extent, according to its value, as other real estate ia 
 taxed. 
 
 Mr. Pomeroy moved to strike out the first 
 proviso, and insert : 
 
 Provided, That nothing in this act shall be construed as 
 exempting the capital stock of an association, beyond the 
 amount invested in United States bonds and deposited with 
 the Treasurer of the United States as part of its capital or 
 as security for its circulating notes, from being subject to 
 the same rate of State and municipal taxation as Is imposed 
 upon other personal property in the State, city, or town in 
 which the association is located. 
 
 Which was rejected — yeas 11, nays 28, as 
 follows : 
 
 Yeas — Messrs. Chandler, Conness, Harding, Howard, 
 Lane of Indiana, Pomeroy, Ramsey, Sherman, Sprague, 
 Sumner, Wilkinson — 11. 
 
 Nays — SIcssrs. Buckalew, Carlile, Clark, CoUamer, Cowan, 
 Davis, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Ihir- 
 lan, Henderson, Hendricks, Howe, Johnson, Lane of Kansas, 
 McDoufjall, Morgan, Morrill, Kesmith, Powell, Riddle, Ten 
 Eyck, Van Winkle, Willey, Wilson— 28. 
 
 Mr. Howard moved to amend the proviso so 
 as to make it read : 
 
 Provided, That nothing in this act shall be construed to 
 prevent the market value of the shares in any of the Sidd 
 associations, held by any person or body-corporate, from 
 being included in the valuation of the personal property of 
 such person or corporation in the assessment of all taxes 
 imposed by or under State authority for State, county, or 
 municipal purposes in the State where the bank is situated; 
 &c. 
 
 Which was rejected — ^yeas 11, nays 27, as 
 
 follows: 
 
 Yeas — Messrs. Chandler, Conness, Harlan, Hendricks, 
 Howard, Morrill, Pomeroy, Ramsey, Sherman, Sunmer, 
 Willdnson — 11. 
 
 Nays — Messrs. Anthony, Buckalew, Clark, Collamer, 
 Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, 
 Grimes, Hale, Ilendersou, Howe, Johnson, Lane of Imliana, 
 Lane of Kansas, Morgan, Xcsniith, Powell, Riddle, Sprague, 
 Ten Eyck, Van Winkle, Willey, Wilson— 27. 
 
THE FINANCES. 
 
 3G5 
 
 May 6 —Mr. Sumner's subsHtute :* 
 
 Anil iu lieu <if all other taxes on the capital, circulation, 
 deposits, sliares, and other property, every association shall 
 pay to the Treasurer of the U-iited States, in the months of 
 January and July, a duty of one per cent, each half year 
 from and after the 1st day of January, 1S61, upon the aver- 
 age amou'it of its notes in circulation, and the duty of one 
 half of one per cent, ea "h half year upon the average 
 amount of its deposits, and a duty of one half of one per 
 cent, each half year, as a.oresaid, on the average amount of 
 its capital stock beyond the amount invested in United 
 States bonds : * * Provided, Tuat nothing in this act 
 shall exempt the real estate of associations from either 
 State, county, or municipal taxes to thesamo extent, accord- 
 ing to its value, as other real estate is taxed: Provided also, 
 That all taxes imposed by this or any future act on banking 
 associations organized under national legislation shall be 
 
 * Mr. Sumner read this letter from Secretary Chase : 
 Treasury Department, 
 
 j)/ay 5, 1864. 
 
 SiTR : Nothing but my deep sense of the importance of 
 sustaining by every possible means the public credit, upon 
 which the sole dependence of the Government to suppress 
 the insurrection must rest, would induce me to address you 
 this letter upon a subject which has already received so 
 much consideration. 
 
 The bill in relation to the national banking system now 
 under debate is in the nature of an amendment to the act 
 of the last session. Though a complete bill in itself, it con- 
 tains few provisions not substantially embraced in that act, 
 among which that in relation to the measure and distribu- 
 tion of taxation may be regarded perhaps as the most im- 
 portant. Under ordinary circumstances there might be no 
 insuperable oli.ifction to leaving the property organized 
 under the uati..i!al banldng law, subject as are almost all 
 descriptions of p'l^perty to general taxation. State, national, 
 and municipal. But in the present condition of the coun- 
 try, I respectfully submit that this particular description 
 of property should be placed in the same category with im- 
 ported goods before their entry into general consumption, 
 and be subjected to exclusive national taxation. 
 
 At the present moment the duties on imports form the 
 sole reliance of the Government for means to pay the inter- 
 est on the public debt. If to these means the taxes to be 
 paid by the national banks shall be added a most important 
 addition ^vill be made to these measures. The mere fact 
 that these taxes are made payable to the national Govern- 
 ment and so rendered available for tlm ]. lyni nt . fintorest 
 on the public debt, and for the redmii i i , M^ipal, 
 will strengthen the public credit and I;! , :i i i u'^Dtia- 
 tion of the necessary loans at moderate I ; -. ; rii ■■••-t. I 
 have no doubt that such a disposition of those tuxes would 
 be worth more to the Government during the present strug- 
 gle in practical results than three times the actual value of 
 the taxes themselves. 
 
 I do not at all suggest that this description of property 
 should not be taxed as heavily as any other description. 
 On the contrary, I think it just that it should bear its full 
 proportion of the public burdens. I am only anxious that 
 the taxation upon it shall be made to contribute as largely 
 as possible to the general welfare, and it is the conviction 
 deeply impressed on my mind that it will contribute more 
 when aggregated in one mass, and made to tell upon the 
 general puljlic credit, than when distributed between the 
 nation and the States and numerous municipal corporations, 
 tliat prompts me to address these views to you. 
 
 Under any plan of partition that may be adopted the 
 amount of taxation distributable to the several States and 
 municipalities will be comparatively small and unimport- 
 ant, and it is qiiitc possible that the total taxation of bank- 
 ing ]>rn|.in- : I ill purposes, will be less than it will if 
 taxcil . \ :i, ', 1,1- national purposes. The advantages 
 of pill i, II i 1 1 's and municipalities will therefore bo 
 
 small, aii'l til I' I'k-* may not lose by it. The nation alone 
 will be injure 1. It will not be understood, of course, that 
 the foregoing suggestions are intended to apply to real 
 estate held by any banlung institutions ; that description 
 of property must necessarily be held by titles under State 
 laws, and should properly be subjected exclusively to 
 State taxation, except in the event of a direct tax by Con- 
 gress. 
 
 The case is otherwise with the personal property and 
 credits of the banking associations. These receive their 
 organization from national law and for great national piu'- 
 poses, and may therefore be uith great propriety, and — as 
 I have endeavored to show at the present time — with great 
 public advantage be subjected to exclusive national taxa- 
 tion. 
 
 Respectfully yours, S. P. CHASE. 
 
 The Hon. William Pitt Fessenden, 
 
 Chairman of the Committee on Finance, Senate 
 Chamber. 
 
 applied exclusively to the payment of the interest and prin- 
 cipal of the nationat'debt of the United States. 
 
 Which was rejected — yeas 11, nays 24, as 
 follows : 
 
 Yeas — Messrs. Chandler, Cnnness, Howard, Lane of In- 
 diana, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Wil- 
 kinson. Wilson — 11. 
 
 Nays— Messrs. Anthony, Buckalew, Carlilc, Clark, Colla- 
 mer. Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Fos- 
 ter, Grimes, Hale, Henderson, Howe, Johnson, Morgan, 
 Powell. Richardson, Riddle, Ten Eyck, Trumbull, Van 
 Winkle— 24. 
 
 ON SMALL NOTES. 
 
 May 10 — Mr. Buckalew moved to strike out 
 of the twenty-second section the words allow- 
 ing one, two, and three dollar bills ; which 
 was rejected — yeas 8, nays 27, as follows : 
 
 Yeas — Messrs. Bucl:alt\o, Cowan, Doolittle, Henderson, 
 Powell, Richardson, Riddle, Sauhhurij — 8. 
 
 Nays— Messrs. Anthony, Clark, Collamer, Conness, Dixon, 
 Foot, Foster, Grimes, Hale, Harlan, Howe, Johnson, Lane 
 of Indiana, Lane of Kansas, Morgan, Morrill, Ramsey, 
 Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Van 
 Winkle, Wade, Wilkinson, Willey, Wilson— 27. 
 
 ON REPEALING THE BANKING SYSTEM. 
 
 Mr. Powell moved to substitute for the whole 
 bill, a section repealing the banking act of 
 February 25, 1863 ; which was rejected — yeas 6, 
 (Messrs. Buckaleiu, liendei'son, Powell, Richard- 
 son, Riddle, Saulsbury,) nays 31. 
 
 The bill then passed. 
 
 The House non-concurred in the Senate's 
 amendments, when a Committee of Conference 
 was appointed, who reported, June 1. The tas 
 question was settled by adding these words to 
 the thirty-second section: 
 
 And nothing in this act shall be construed to prevent all 
 the shares in any of the said associations, held by any per- 
 son or body corporate, from being included in the valuation 
 of personal property of such person or corporation, in the 
 assessment of taxes imposed by or under State authority, 
 at the place where such bank is located, and not elsewhere; 
 but not at a greater rate than is assessed on other moneyed 
 capital in the hands of individual citizens of said States: 
 Provided further. That the tax so iinp > i n ■ ^itlielawof 
 any State upon the shares of any III I ns author- 
 ized by this act shall not exceed f 1 \ ■•n shares 
 
 in any of the bank organizations unl. i Im luili.iiity of the 
 State where such association is located. 
 
 The bill provides for a tax of one per cent, 
 on the circulation of national banks, one half 
 of one per cent, on their deposits, and one per 
 cent, on their capital above the amount invested 
 in United States bonds. ' 
 
 The report was concurred in, without a di- 
 vision in either house. 
 
 The Public Debt. 
 
 THE PUBLIC CREDIT UNDER BUCHANAN. 
 
 December 28, 1860— Bids for §5,000,000 in 
 six per cent. Treasury notes, authorized by act 
 of December 17, 1860, were opened by Philip 
 F. Thomas, Secretary of the Treasury, whep it 
 was found that only $2,500,000 were bid for, 
 and this at a rate of discount from seven to 
 thirty-six per cent. Eight thousand five hun- 
 dred were bid for at seven per cent.; §151.600 
 at from seven to ten per cent ; $1,087,000 at 
 twelve per cent.; $140,000 at from twelve lo 
 twenty per cent.; $325,000 at from twenty to 
 thirty-six per cent. 
 
 January 19, 1861— The balance of this loan 
 was taken, the bids being for nearly triple 
 the amount and ranging from eight and a 
 half to fifteen per cent, discount. One bid 
 
366 
 
 THE FINANCES. 
 
 of $10,000 was made at twei^y per cent, dis- 
 count. 
 
 February 23, 1861— John A. Dix, Secretary of 
 the Treasury, opened the bids for §8,000,000 of 
 six per cent, twenty years' stock of the United 
 
 States. Over $14,000 000 were offered; the 
 lowest accepted bid was $90 15 for $100 ; the 
 highest bid over ninety-six dollars. The whole 
 loan was taken at an average of about 90J. 
 Over $4,000,000 were bid for at $90 15. 
 
 Debt of the United States, from June 3^^, 18G0, to May 14, 1864. 
 
 June 30, 1F60, the public debt was. $&4,769,703 OS 
 
 Of which 845,079,203 OS were in bonds, and 519,690,500 In Treasury notes. 
 
 June 30, 1801, the public debt was 90,867,823 68 
 
 May 29, 1862, the public debt was 491,445,984 11 
 
 as follows : 
 
 Under what act. 
 
 Rate of interest. 
 
 Amount. 
 
 Total. 
 
 Loan of 1842. . 
 
 6 per cent 
 
 $2,833,364 11 
 9,415,250 00 
 8,908,341 80 
 
 20,000,000 00 
 7,022,000 00 
 
 18,415,000 00 
 3,461,000 00 
 
 
 
 
 
 
 
 Do 1858 
 
 
 
 Do 1860 
 
 do 
 
 
 
 6 per cent 
 
 
 
 
 
 Interest stopped 
 
 $70,104,955 91 
 
 
 105,111 04 
 175,900 00 
 221,050 00 
 
 2,767,900 00 
 
 111,600 00 
 
 
 
 Treasury notes under act of December 17, 1860 
 
 .do. 
 
 
 Treasury notes under acts of June 22, 1860, and February and 
 March, 1861 
 
 6 per cent 
 
 
 Treasury notes under acts of March 2, July 17, and August 5, 
 
 do 
 
 
 
 
 7.30 per cent 
 
 3,382,161 64 
 
 
 120,523,450 00 
 50,000,000 00 
 
 
 
 
 
 170,523,450 00 
 878,450 00 
 
 
 
 
 
 
 Certificates of indebtedness 
 
 6 per cent 
 
 47,199,000 00 
 2,699,400 00 
 
 
 
 
 
 4 per cent 
 
 49,898,400 00 
 
 Four per cent, temporary loan 
 
 5,913,042 21 
 44,865,524 35 
 
 
 
 
 
 50,778,566 56 
 
 
 
 
 $491,445,984 11 
 
 Average rate of interest paid on the entire debt is 4 354.1000 per cent, per annum. 
 Of this, these items belonged to the old debt : 
 
 Funded $70,104,955 91 
 
 Treasury notes 3,270,561 64 
 
 Oregon war debt 878,450 00 
 
 74,253,907 55 
 Leaving due to the war 417,195,016 56 
 
 June ; 
 
 1862, the debt was „ $517 
 
 June 30, 1863 — The public debt was.. 
 
 As follows: 
 Loan of 1842, 6 per cent 
 
 " 1847, 6 per cent 
 
 " 1848, 6 per cent 
 
 " 1858 5 per cent 
 
 " 1S60, 5 per cent 
 
 " le61,(Feb. 8,) 6 per cent 
 
 " 1861, (March 2,) 6 uer cent 
 
 Old funded and unfunded debt (1800 and 1812,) Sand 
 
 Texan indemnity, 5 per cent 
 
 Treasury notes issued prior to 1857, (int. stopped,) 
 
 Treasury notes issued underactof Doc. 23, 1857 
 
 Treasury notes issued underactofDec, 17, 1860 
 
 Demand notes July 17, and Aug 5, 1861 , 
 
 U.S. notes, Feb. 25, 
 
 793, 
 
 $302, 
 9,415: 
 8,908: 
 20,000 
 
 18,415: 
 770 
 114 
 3,46i: 
 
 $104,561 64 
 
 13,000 00 
 
 1,000 00 
 
 3,351,019 75 
 
 147,767,114 00 
 
 U. S. notes, July 11, 1862 150,000,000 00 
 
 Postal currency, July 17, 1862 20,192,456 00 
 
 U. S. notes, (new issues,) March 3, 1863 89,879,''75 00 
 
 Three years' 7.30 bonds, 7.30 per cent (two issues,) 139,970, 
 
 Twenty years' bonds, 6 per cent, (two issues,) 50,0-8, 
 
 Oregou war debt, 6 per cent 1,0-1: 
 
 Certificates of indebtedness, 6 percent 156,784. 
 
 6.-0 years' bonds, 6 per cent „ 168,880, 
 
 Temporary loan, 4 and 5 per cent 102,384, 
 
 411, 
 
 ,802 93 
 ,181 37 
 
 ,620 76 
 ,-50 00 
 ,341 80 
 ,000 00 
 ,000 00 
 ,000 00 
 ,750 00 
 ,115 48 
 ,000 00 
 
 ,626 39 
 
 ,500 00 
 500 00 
 ,300 00 
 ,241 65 
 ,:50 00 
 ,085 30 
 
 Ff^b.S, 1864, the debt was 
 
 M;iy 10, 1864, the public debt ' 
 May 4, 1864, the debt was.... 
 
 $1,098,793,181 37 
 .. 1,473,2:5,714 00 
 ,. 1,726,248,411 65 
 ,. l,7oO,,s70,9-(5 CO 
 
THE FINANCES. 
 Statement of the rullic Debt of the United States, June 30, 18G4. 
 
 361 
 
 DCBI BEARING INTEREST IN COIN. 
 
 KATE OF INTEREST. 
 
 CHARACTER OF ISSUE. 
 
 AMOUNT OUTSTANDING. 
 
 INTEREST. 
 
 
 Bonds 
 
 $9,415,250 00 
 8.008,341 80 
 20,000,000 00 
 7,022,000 00 
 18,415,000 00 
 50.000,000 00 
 30,923,600 00 
 510,756,900 00 
 72,963,850 00 
 2,159,000 00 
 1,016,000 00 
 109,075,750 00 
 19,816,096 65 
 
 $564,915 00 
 
 
 Bonds. 
 
 534,500 50 
 
 5 percent 
 
 
 ♦ 1,000,000 00 
 
 Bonds 
 
 351,100 00 
 
 6 iior cent 
 
 1,104,900 CO 
 
 fi iirtv rent 
 
 Bonds 
 
 3,000,000 00 
 
 
 1,855,410 00 
 
 6 per cent 
 
 Spprcpnt 
 
 Bonds, 5-20's* 
 
 Bonds, 10-40's 
 
 30,045,414 00 
 3,048,102 50 
 
 
 107,950 00 
 
 6porcont 
 
 7 3.10 per cent.... 
 
 
 60,960 00 
 
 
 7,962,529 75 
 
 Bonds 
 
 1,188,965 79 
 
 
 
 Aggregate 
 
 
 $860,471,788 45 
 
 $52,024,843 ^ 
 
 
 
 DEBT BE.VRING INTEREST IN LA'WTUL MONET. 
 
 4 per cent... 
 
 5 per cent... 
 
 6 per cent... 
 6 per cent... 
 5 per cent. 
 5 per cent... 
 5 per cent... 
 
 Temporary Loan , 
 
 Temporary Loan 
 
 Temporary Loan , 
 
 Certificates of Indebtedness 
 
 One Year Notes 
 
 Two Years Notes , 
 
 Two Years Notes, with Coupons, $150,000,000 00 
 Less withdrawn and destroyed 
 or ready to be destroyed 57,279,150 00 
 
 6 per cent 3 years Compound Interest Notes 
 
 Aggregate of debt bearing La^vfuI Money interest. 
 
 $662,474 49 
 7,414,622 47 
 67,080,718 24 
 159,570,000 00 
 44,520,000 00 
 16,480,000 00 
 
 92,720,850 00 
 3,880,000 00 
 
 55392,328,665 20 
 
 ?26,43S 97 
 
 370,^31 12 
 
 4.0-,i4.<S43 09 
 
 9,574,200 00 
 
 2,v;16,000 00 
 
 (»^4,000 00 
 
 DEBT ON WHICH INTEREST HAS CEASED. 
 
 RECAPITULATION. 
 
 CHARACTER OF ISSUE. 
 
 AMOUNT OUTSTANDING. 
 
 DEBT — 
 
 Treasury Notes 
 
 Treasury Notes 
 
 Treasury Notes 
 
 Treasury Notes 
 
 Temporary Loan Coin 
 
 Aggregate of d(Ojt on which Inter- 
 est has ceased 
 
 Aggregate of debt not bearing In- 
 terest! 
 
 $203,808 45 
 
 104.511 64 
 
 9,900 00 
 
 600 00 
 
 47.1.50 00 
 
 4,200 00 
 
 $370,170 09 
 486,806,065 70 
 
 Bearing interest in coin..., 
 
 Bearing interest in lawful 
 money 
 
 On which interest has 
 ceased 
 
 Bearing no interest , 
 
 $860,471,788 4!) 
 
 392,328,665 SO 
 
 370,17C 09 
 4S6,806,06d 79 
 
 $52,024,843 54 
 21,682.315 68 
 
 Sl,740,036,t.-rt 53 
 
 $73,707,159 22 
 
 * Treasury Deparment , 3fai/ 18, 1864. 
 Sir: Your letter of the 13th instant, making inquiries in regard to the Icind of currency with which the five-twenty 
 years six per cent, and the three years seven-tliirty per cent, notes are to be redeemed, has bee^ received. 
 
 It has been the co.istant usage <'f the Department to redeem all coupon and registered boncts fo'-miog part of the 
 funded or permanent debt of the United States in coin, and this usage has not been deviated fum during my adminis- 
 tration of its allftirs 
 
 All the treasury notes and other obligations forming part of the temporary loan are payable and will be redeemed in 
 lawful money: tliat is to say, in United States notes until after the resumption of specie pay.aents, when they 'also 
 will doubtless be redeemed in coin, or equivalent notes. 
 
 The five-twcn'y st.\es being payable twenty years from date, though redeemable after five years, are considered as 
 belonging to the funded or permanent debt, and so also are the twenty years sixes into which 'he three years .seven- 
 thirty notes are convertible. These bonds, therefore, according to the usage of the Government, xre p.ayabl'e in coin. 
 
 Tlie thr.>e years seven-thirty treasury notes are part of the temporary loan, and will be paid .a United States notes, 
 unless holders prefer conversion to payment. 
 
 Very respectfully, S. P. CHASE, 
 
 Secretary of the Treasury. 
 t This item is thus composed : 
 
 United States Notes, July 17, August 5, 1861, and February 12, 1862 .«781.073 00 
 
 " " Februai-y 25, July 11, 1862, and July 17, 1863 399.218,927 00 
 
 " " in redemption of temporary loan 20.100,569 00 
 
 Fractional Currency, July 17, 1862, and March 3, 1863 22.210,483 10 
 
 448,371,052 10 
 
 Unpaid requisitions $50,202,000 00 
 
 Amount in Treasury 11,700,986 40 
 
 : 38,495,013 60 
 
 $486,866,065 70 
 
368 
 
 THE FINANCES. 
 
 The increase of debt between periods has been 
 
 as follows : 
 
 
 
 
 
 
 Increase of Debt 
 
 Amount 
 
 
 Days. 
 
 per day. 
 
 out. 
 
 June 30,1S63.. 
 
 
 
 $1.09<< V93.1S1 
 
 Sept. 30, 1S63.. 
 
 ... 92 
 
 $1,340,000 
 
 1.222.1 ^^..^GO 
 
 Feb. 2, 1SG4.. 
 
 ...123 
 
 2.041.000 
 
 l,t7;i.2 .-1,714 
 
 March 2, 1SG4.. 
 
 ... 29 
 
 l.o9'>,0r,0 
 
 ],51:;.7l2,S37 
 
 " 15, 18C4.. 
 
 ... 13 
 
 5,550,000 
 
 l..'-j9fi,9 11,4 9 
 
 May 10,]SG4.. 
 
 ... 55 
 
 2.;330,0()0 
 
 1,72';.24'..41 1 
 
 " l-l, 1804., 
 
 ... 4 
 
 1,130,029 
 
 1,730.870,9-6 
 
 The Rebel Debt. 
 
 December 31, 18G2,the receipts of the Treas- 
 ury from the commencement of the " Peruui- 
 nent Government," (February 18, 1862,) were 
 as follows : 
 
 RECEIPT,?. 
 
 Patent fund S13,920 00 
 
 Customs 66S,.5(;6 00 
 
 Miscellaneous 2,291.P12 00 
 
 Repaj'ments of disbursing officers 3,830.203 00 
 
 Interest on loans 2!J..'JS3 00 
 
 Call loan certificates 59,742.796 00 
 
 One hundred million loan 41,.39S,2S6 00 
 
 Treasury notes 215.554.8R.5 00 
 
 Interest bearing notes , 113,740,000 00 
 
 War tax 16,664,513 00 
 
 Loan 2Sth of Febru.iry, 1861 1,375,476 00 
 
 Coin received from Bank of Louisiana 2,539,799 00 
 
 Total 8457.8.55,704 00 
 
 Total debt up to December 31, 1862 556,105,100 00 
 
 Estimated amount at that date necessary to 
 support the Government to July, 1863, was 357,929,229 00 
 
 Up to December 31, 1862, the issues of the 
 Treasury were : 
 
 Notes $440,678,510 00 
 
 Redeemed 30,193,479 CO 
 
 Outstanding. §410,485,030 50 
 
 From January 1, 18G3, to September 
 the receipts of the Treasury were : 
 
 For 8 per cent, stock $107,' 
 
 For 7 per cent, stock 38 
 
 For 6 per cent, stock 
 
 For 5 per cent, stock 22. 
 
 For 4 per cent, stock 
 
 Cotton certificates 2,' 
 
 Interest on loans 
 
 AVar tax 
 
 Treasury notes 
 
 Sequestration 
 
 Customs 
 
 Export duty on cotton 
 
 Patent fund 
 
 Miscellaneous, including repayments by dis- 
 bursing 
 
 0,1863, 
 
 292,900 70 
 
 6.",0 70 
 SIO.'O.'O (10 
 
 4S2'2n0 01.1 
 000,000 00 
 140,210 00 
 128,988 97 
 623,530 00 
 862,550 27 
 934,798 68 
 8,101 78 
 10,794 04 
 
 Total. 
 
 1,522,893 12 
 
 ESPENBITUEES DUEING THAT TIME. 
 
 Wai>Dopartment 5377,988,244 00 
 
 Navy Depai-tment 38,437,00100 
 
 Civil, miscellaneous, &c 11,629,278 00 
 
 Customs 50,630 00 
 
 Public debt 32,212,290 00 
 
 Notes canceled and redeemed 69,044,449 00 
 
 Total expenditures.. 
 Total receii)ts 
 
 .$519,368,559 00 
 ,. 601,522,893 00 
 
 Balance in treasury $82,154,334 00 
 
 But from this amount is to bo deducted the amount of all 
 Treasury notes that have been funded, but which have not 
 yet received a true estimation, $65,000,000 ; total remaiuiug, 
 117,154,334. 
 CONDITION OF THE TREASURY, JANUARY 1, 1864. 
 
 Jan. 25 — The Secretary of the Treasury (C. 
 G. Memminger) laid before the Senate a s.ate- 
 menl in reply to a resolution of the 20th, ask- 
 
 ing information relative to the funded debt, 
 to call certificntes, to non-interest and interest- 
 bearing Treasury notes, and other financial 
 matters. From this it appears that, January 
 1864, the funded debt was as follows: 
 Act Feb. 28, 1861, 8 ^ cent., $15,000,000 00 
 Act Miiv 10. lM-,1, 8 %i, cent., 8.774.900 00 
 Act Anu-. 19, Vm. 8 "^ cent., 100,000,000 00 
 Act April 1 2. \S02, 8 "^ cent,, 3,612,300 00 
 Act F. I.. 211, Im;;:. ,s -f. cent,, 95,785,000 00 
 Activi, ■_,; |~.,;. 7 -,-. cent,, 63,615,750 00 
 Act.^l.M :, .' r'cent,, 2,831,700 00 
 
 Act A, : :: ■ . I • ' ..itonin- 
 
 tei\;,t .:uuiR.u=, 8,252,000 00 
 
 $297,871,650 00 
 
 Call certificates 89,206,770 00 
 
 Non-interest bearing Treasury notes out- 
 standing: 
 
 Act May 16, 1861— payable 
 two years after date 8,320,875 00 
 
 Act Aug. 19, 1861— General 
 currencv 189,719,251 00 
 
 Act Oct. 13, 1861— All denom- 
 inations.. 131,028,366 50 
 
 Act March 23— All denomi- 
 nations 391,829,702 50 
 
 720,898,095 00 
 
 Interest-bearing Treasury notes outstand- 
 ing 102,465,450 00 
 
 Amount of Treasury notes 
 
 under $5, outstanding Jan. 
 
 1,1864. viz: 
 Act Apiii 17, 1862, denomina- 
 
 tiopof $1 and $2 4,860,277 50 
 
 Act Oct, 13, 1862,$1 and $2,.. 2,344.800 00 
 Act March 23. 1863, 50 cents, 3,419,000 00 
 
 Total under $5 10,^-24,077 50 
 
 Total debt, Jan. 1, 1804 * $l,220,SCC.(i i2 .--! 
 
 ITS CONDITION, MARCH 31, 1864. 
 
 The Register of the Treasury, Robert Tyler, 
 gave a statement, which appeared in the Rich- 
 mond Sentinel after the passage of the funding 
 law, which gives the amount of outstanding 
 noa-interest-bcaring Treasury notes, March 31, 
 1864, as $796,264,403, as follows : 
 
 Act Mfly 16, 1861— Ten-year notes $7,201,375 00 
 
 A( t .Vu,-. 19,1861 — General currency 154,356,631 00 
 
 Act April I'.i, 1862— Ones and twos 4.510.509 00 
 
 Act Oct. IS, 1.SC2 — General currency. 118,997,321 50 
 
 Act March 23, 1S63 — General currency 511,1S2,.')66 50 
 
 Total $796,264,403 00 
 
 He also publishes this statement of the issue 
 of non-interest-bearing Treasury notes since 
 the organization of the "Confederate" Govern- 
 ment: 
 
 Fifty cents $911,258 50 
 
 Ones,. 4,882,000 00 
 
 Twos 6,0S0,:J20 00 
 
 Fives. 79,090,315 00 
 
 Tens 157,982.750 00 
 
 Twenties 217,42.5,120 00 
 
 Fifties 188,088,200 00 
 
 Total S973,277,:;03 50 
 
 Rebel Financial Legislation. 
 
 The following is the funding act : 
 
 [From the Richmond Sentinel, Feb. 17, 1864.] 
 Sec. 1. The Congress of the Confederate States of Amet-i.ca 
 do tnact, That the holders of all Treasury notes above the 
 denomination of five dollars not bearing interest, shall be 
 allowed until the first day of April, 1864, cast of the Mis- 
 sissippi River, and until the first day of July, 1864, west of 
 tlie ML-isissippi River, to fund the same, and \intil the peri- 
 ods and at the places stated, the holders of all such Treas- 
 ury notes shall bo allowed to fund the same in registered 
 bonds payable twenty years af'er, they bearing iutere.-ta* 
 
THE FINANCES. 
 
 300 
 
 (he rate of four per cent, per annum, payable on the first 
 day of Jaimary and July of each year. 
 
 Ssc. 2. The Secretary of the Tre;isury is hereby author- 
 izeil to issue the bonds required for the fuiuli up; provided 
 for in the preceding section; and until tlio bonds can be 
 provideil, he may issue certilicates to answer the purpose. 
 Such bonds ami certificates shall be receivable without in- 
 terest, in p'v-- 'It of ,''! i; T, -rn-.ont dues ijayable in the 
 yearbSOi, > ■•: m : . -,;■ ,; ,, ..| , ;> -it, duties. 
 
 Sec. 3. 'i:i ,, u : , ..r all denominations of 
 
 one hnndi'M ,1 ii: ,1 ,. i: ! ; ,., iiid'iest. wldrh shall not 
 be presented tor lundino; m. i ii i' > li ionsofthe first 
 Bectiou of this act, shall, I'm, i i .: ,>.i ilu- first day of 
 ...pril, 1864, cast of the Mi- uini the first day 
 
 of July, IStU, west of llio A. :■ tu Ijo receiva- 
 
 ble in payment oT jui li -:■. . ; i ; i", • it Hot so 
 presented at the tiii:'. ' i! n' .iNi.,'::! . ni tliirty- 
 
 three and one-thini I m , , :i ■ ticm of 
 
 this act, be subject t^'., t; ^ . : i n ;> r ■ iii.i"i- month 
 until so pi-escnied; which t.ixo.s slitill aftiicJi to said notes 
 wheri'VL'i- circulated, and shall be deducted from the face 
 of said n.ites wburcvcr presented for payment or for fund- 
 ing, and such notes shall not be exchangeable for the new 
 issue of Treasury notes provided for in this act. 
 
 Sec. 4. That on all the said Treasury notes not funded or 
 used iu payment of taxes at the dates and places prescribed 
 in the first section of this act, there shall be levied at said 
 dates and places a tax of oo}/^ cents for every dollar funded 
 on the face of said notes. Said tax shall attach to said notes 
 wherever circulated, and shall be collected by deducting 
 the same at the Treasury, its depositories and by the collec- 
 tors, and by all Government officers receiving the same, 
 wherever presented for payment, or for funding, or in pay- 
 ment of Government dues, "or for postage or in exchange for 
 new notes as hereinafter provided, and said Treasury notes 
 shall be fundable in bonds as provided in the first section 
 of this act, until the first day of January, 1865, at the rate 
 of sixty-si.x cents and two thirds on the dollar, and it shall 
 be the duty of the Secretary of the Treasury at any time 
 between tlie first of April east and the first of July, ISlJl, 
 west of the Mississippi river, and the first of January, 18Go, 
 to substitute and exchange new Treasury notes for same, at 
 the rate of sixty-six and two thirds cents on the dollar: 
 Pi-uvidtd, That notes of the denomination of SlOO shall not 
 be entitled to the privilege of said exchange : Frovided,fui-- 
 tfi.!)\ That on the right to fund all such Treasury notes which 
 may remain outstanding on the first day of January, 1865, 
 and which may not be exchanged for new Treasury notes, 
 as herein provided, a tax of one hundred per cent is hereby 
 imposed. 
 
 Sec. 5. That after the 1st day of April next, all authority 
 beretoforo given to the Secretary of the Treasury to issue 
 Trf asury notes shall be, and is hereby, revolcod, provided 
 the Secretary of the Treasury may after that time issue new 
 Tieasury notes in such form's as he may prescribe, payable 
 two years after the ratification of a tr. aty of peace with the 
 United Slates, said new issue to be receivable iu payment 
 of all public dues except export and import duties, and to 
 be issued in exchauge for old notes at the rate of $2 of the 
 new issue for $3 of the old issues, whether said old notes 
 be surrendered for exchange by the holders thereof or be 
 received into the Treasury under the provisions of this act; 
 and the holders of the new notes or ol the old notes, except 
 those of the denomination of SlOO, after they are reduce! 
 to 66% cents on the dollar by the tax aforesaid, may con- 
 vert tljcm into call certificates bearing interest at the rate 
 of four per cent per annum, and payable two years after a 
 ratification of a treaty of peace with the United States, un- 
 less sooner converted into now notes. 
 
 Sec. 6. That to pay the expenses of the Government, not 
 otherwise provided for, the Secretary of the Treasury is 
 hereby authorized to issue six per cent bonds to an amount 
 Lot excooding 8000,000,000, the principal and interest where- 
 of shall be free from taxation, and for the payment of the 
 interest thereon, the entire net receipts of any export duty 
 hereinafter laid on the value of all cotton, tobacco, and 
 naval stores, which shall be exported from the Confederate 
 States, and the net proceeds of the import duties now laid, 
 or so much thereof as maybe necessary to pay the interest 
 are hereby specially pledged: Provided, That the duties now 
 laid upon imports, and hereby pledged, shall hereafter be 
 paid iu specie or in sterling exchange, or in the coupons of 
 S;iid bonds. 
 
 Sec. 12. That any State holding Treasury notes received 
 before the times herein fixed for taxing said notes shall be 
 allowed until the Istday of January, 1865, to fund the same 
 in SIX per cent, bonds of the Confederate States, payable 
 twenty years after date, and the interest payable semi-an- 
 nually. But all Treasury notes received by any State after 
 the time fixed for taxing the same, as aforesaid, shall be held 
 to have been received, diminished by the amount of said tax. 
 Tlie discrimination between the notes subject to the tax 
 and those not so subject shall be left to the good faith of 
 24 
 
 each State, and the certificate of the Qovernor thereof shall 
 in each case be conclusive. 
 
 S::c. 1.3. That Treasury notes heretofore issued, bearing 
 int'Tc^t ;it til" rate of seven dollars and thirty cents on the 
 Imii ii r I (1 .11 arn per annum, shall no longer be received iu 
 ) :m Hi 111 'f public dues, but shall be deemed and considered 
 
 ii 1^ lil iln' 1 onfederate States, payable two years after the 
 
 raliinMlinn uf a treaty of peace with the United States, 
 bearing the rate of interest specified on their face, payable 
 the 1st of January in each and every year. 
 
 SPECULATIONS ON THE FUNDING. 
 
 The Richmond Examiner of the 11th of April, 1864, gives 
 the following statistics of the rebel currency, from which it 
 will be seen that a desperate attempt is maliing to retrieve 
 the financial disasters of the South : 
 
 The depletion of the Confederate currency under the re- 
 cent legislation is much greater than is generally supposed; 
 and in this connection it will be interesting to refer to well 
 established figures. The entire issue of the old circulation 
 we may take at $800,000,000. The number of one hundred 
 dollar bills in circulation has been about $250,000,000. Of 
 lesser denominations that will be funded, there are. at 
 least, say $50,000,000. Deduct now the $300,000,000 funded, 
 and wo have S00O,OJO,000. This, reduced by the discount 
 of thirty-three and one-third per cent., will, in round num- 
 bers, leave us $:jo0,000,000. 
 
 The tax levied for 1864 Is estimated considerably above 
 $400,000,000. There being only $330,000,000 funded in four 
 per cents., it follows that $100,000,000 of currency must be 
 used in addition to the above for the payment of taxes for 
 1864, which will still further reduce the circulating medium 
 to $'.:30,O()0,0UO. From the last named sum there must be 
 subslractpd the amount required to pay the additional 
 taxes imposed by the late Congress on the income tax of 
 1863, as well as some portion of the old taxes that will not 
 be paid on the first of April, 1864. The circulation would 
 thus be reduced to $200,000,000, without reference to the 
 nianuficture and emission of more paper money. 
 
 But here comes up the important question of the new 
 issue, which involves the vitality of the whole scheme. 
 The first interpretation of the currency act was that it de- 
 nied power to the Secretary of the Treasury to issue one 
 dollar notes except in exchange for the present currency 
 at the rate of two dollars of the new for three dollars of 
 the old, which may remain unfunded on the first of April. 
 Others construe the act to empower the Secretary of the 
 Treasury to issue two dollars of the new issue for three 
 dollars of the old, whether funded or unfunded — whether 
 exchanged or paid in for taxes. 
 
 The latter construction is said to be faVored by Mr. Mem- 
 minger, namely, that he is authorized to j.ssui> new not i 
 to the amount of two-thirds of the wluilo of • i o : 
 In other words, supposing the old notes iu circuUitiuu 
 amounted to $800,000,000 the first of April, the Secretary 
 of the Treasury is empowered to issue two-thirds of this 
 amount, that is, $533,333,333, affording a supply to the 
 Treasury for about eight months, irrespective of the sum 
 that may be raised by the sale of six percent, bonds. 
 [From the Richmond Sentinel.] 
 
 There is but little doubt that the funding, east and west 
 of the Mississippi, will amount to ^,^00,000,000. The 
 total issue outstanding March 31 is thereby reduced say to 
 $485,000,000. Of tills, a considerable portion, probably 
 $100,000,000, is in $100 notes. Excluding these, we have 
 $385,000,000 left, of which the issues of $5 and under amount 
 to $90,909,898 50. Suppose $85,000,000 of these are now in 
 circulation, and we have for all others $300,000,000, which 
 tliH tax of one third has reduced to $200,000,000. The tofcil 
 circulation at the presentj;ime, irrespective of the new issue, 
 is thcretbre, largely less than $300,000,000, and of this a con- 
 siderable amount is always to be found in the hands of the 
 disbursing oflicers and depositaries. 
 
 We have not included in the above any estimates of tlie 
 amount of circulation lost or destroyed, and thereby gained 
 to the Government. It is doubtless considerable. 
 
 The amount of currency which has been canceled and 
 destroyed (irrespective of the operations of the present cur- 
 rency law) is nearly twenty per cent, of the whole issue. 
 If this reduction be applied to the five dollar notes, the 
 amount of these in circulation would appear to be $63,- 
 272,252. 
 
 [From The Examiner of the 21st March, 1864.] 
 
 Only ten days now intervene before the currency remain- 
 ing in circulation is taxed one-third, and, conseciuontly, 
 during the week commencing Monday, the holders of 
 Treasury notes must decide whether they will keep them 
 until the 1st of April and submit to the Government shave, 
 fund the amount in four per cent, bonds, or exch.mge it for 
 bonds or personal property. The necessity of coming to a 
 conclusion is "sharpening the wits " of the people, though 
 it is not improbable that some who esteem themselves 
 
370 
 
 THE FINANCES. 
 
 " wondrous wise "' in financial matters will commit a bl^n- 
 dor in (lisposing of tlicir surplus casli. The ability to 
 penetrate the future is a power wliich few, if any, possess, 
 and hence the views expressed iu regard to theeifect of the 
 financial legislation of Congress, after the currency is re- 
 duced, arc diverse and vaguely theoretical. 
 
 Everybody knows that a SIO note, after 1st April, will 
 only represent a net value of $0 66;^, and accordingly the 
 universal desire is to dispose of tlie currency in haid at 
 this time, so as to avoid this apparent loss, very few being 
 willing to hold it with the expectation that $00 ol the new 
 currency will, in a few weeks, buy more of a:'y article than 
 $1C0 will purchase now. Tliey must s. o the fact befo.e 
 they will believe it, but then it will be too lato to profit by 
 the development. 
 
 Iu the meantime, all kinds of" cornering " processes are 
 in vogue, and it must be admitted that some of them are 
 plausible enough. For instance, it is argued that certain 
 bonds and stocks may be bought now, and sold in the new 
 currency at a decline not exceeding fifteen to twenty-five 
 per cent. — thereby saving ten to fifteen in the transmutory 
 iax. 
 
 On the last day of the session, June 15, Pres- 
 ident Davis vetoed the bill allowing further 
 time to persons within the enemy's lines to 
 fund their Treasury notes. The consideration 
 of the subject was postponed until the next ses- 
 sion, 
 
 RlCHMOJTi), April 22, 1864. 
 
 The outstanding amount of Treasury notes, of the denom- 
 ination of five dollars and under, is about seventj'-five mil- 
 lions. 
 
 The funding returns sum Tip an aggregate of two hundred 
 and thirty-seven million dollars. Twenty small depositories 
 yet to hear from. The only State from which complete re- 
 turns have been received is Georgia, where the amount 
 funded is seventy-two millions one hundred and eighty-four 
 thojisand dollars. 
 
 TAXATIOISr. 
 
 THE TAX ACT OF JULY, 1861. 
 
 The Richmond Enquirer gives the following 
 summary of the act authorizing the issue of 
 Treasury notes and bonds, and providing a war 
 tax for their redemption : 
 
 Section one authorizes the issue of Treasury notes, paj-a- 
 ble to bearer at the expiration of six months after the rati- 
 fication of a treaty of peace between the Oouf'ederate States 
 and the United States. The notes ai-e not to be of a less 
 denomination than five dollars, to be re-issued at pleasure, 
 to be received in payment of all public dues, except the 
 export duty on cotton, and the whole issue outstanding at 
 one time, including the amount issued under former acts, 
 are not to exceed one hundred millions of dollars. 
 
 Section two provides that, for the purpose of funding the 
 said notes, or for tho purpose of purchasing specie or mili- 
 tary stores, &c., bonds may be issued, payable not more 
 than twenty years after date, to the amount of one hundred, 
 millions of dollars, and bearing an interest of eight per 
 C'^nt. per annum. This amount includes the thirty millions 
 already autliorized to be issued. The bonds are not to be 
 issued in loss amounts than $100, except when the sub- 
 Kciiption is for a less amount, when they may be issued as 
 low as $.J0. 
 
 Section three provides that holders of Treasury notes 
 ni.'iy at any time exchange them for bonds. 
 
 Section four provides that, for tho special purpose of 
 paying the principal and interest of the public debt, and of 
 supporting the Government, a war tax shall be assessed 
 and levied of fifty cents upon each one hundred dollars in 
 value of the following property in the Confederate States, 
 namely: Real estate of all kinds; slaves; merchandise; 
 bank stocks ; railroad and other corporation stocks ; mo- 
 ney at interest or invested by individuals iu the purchase 
 of bills, notes, and other securities for money, except tho 
 bduds of tho Confederate States of America, and cash on 
 hand or on deposit in bank or elsewhere; cattle, horses, 
 and mules; gold watches, gold and silver plate; pianos 
 and pleasure carriages: Provided, liowever. That when the 
 taxable property, hereinabove enumerated, of any head of 
 a family is of value less than five hundied dollar.s, such 
 t«xal)l<! property shall be exempt from taxation under this 
 act. It provides further that tho property of colleges, 
 schools, and religious associations shall bo exempt. 
 
 The remaining sections provide for the collection of tho 
 
 THE TAX ACT OF DECEMUEll 19, 1861. 
 An act supiylementary to an act to authorize the issue, of 
 Treasury notes, and toprovide a war tax for ilieir redemp- 
 tion. 
 
 Sec. 1. The Congress of the Confederate States of Amer- 
 ica do enact, That the Secretary of the Treasury is hereby 
 authorized to pay over to tho several banks, wliich have 
 made advances to the Government, in anticipation of tlie 
 issue of Treasury notes, a sufficient amount, not exccediug 
 510,000,000. for tho principal and interest due upon the said 
 advance, according to the engagements made with them. 
 
 S :c. 2. The time fixed by the said act for making assign- 
 meiits is hereby extended to the 1st day of January next, 
 and the time for the completion and delivery of the lists is 
 extended to the 1st day of March next, and the time for 
 the report of the said lists to the chief coUectoris extended 
 to the 1st day of May next; and in cases where the time 
 thus fixed shall be found insufficient, the Secretary of the 
 Treasury shall have power to make further extension, aa 
 circumstances may require. 
 
 Sec. 3. The cash on hand, or on deposit in the bank, or 
 elsewhere, mentioned in the fourth section of said act, is 
 hereby declared to be subject to assessment and taxation, 
 and the money at interest, or invested by individuals in the 
 purchase of bills, notes, and other securities for money, 
 shall be deemed to include securities for money belonging 
 to non-residents, and such securities shall be returned, and 
 the tax thereon paid by any agent or trustee having the 
 same in possession or under his control. The term mer- 
 chandise shall be construed to include merchandise belong- 
 ing to any non-resident, and the property shall be returned, 
 and the tax paid by any person having the same in posses- 
 sion as agent, attorney, or consignee : Provided, That the 
 words " money at interest," as used in the act to which this 
 act is an amendment, shall be so construed as to include all 
 notes, or other evidences of debt, bearing interest, without 
 reference to the consideration of the same. The exception 
 allowed by the twentieth section for agi-icultural products 
 shall be construed to embrace such products only when in 
 the hands of the producers, or held for his account. But 
 no tax shall be assessed or levied on any money at interest 
 when the notes, bond, bill, or other security taken for its 
 payment, shall be worthless from the insolvency and total 
 inability to pay of the payor or obligor, or person liable to 
 make such payment ; and all securities for money payable 
 under this act shall be assessed according to their value, 
 and the assessor shall have the same power to ascertain the 
 value of such securities as the law confers upon liim with 
 respect to other property. 
 
 Sec. 4. That an amount of money, not exceeding $25,000, 
 shall be and the same is hereby appropriated, out of any 
 money in the treasury not otherwise appropriated, to be 
 disbursed uader the authority of the Secretary of the 
 Treasury, to the chief State tax collectors, for such expenses 
 as shall be actually incurred for salaries of clerks, office 
 hire, stationary, and incidental charges ; but the books and 
 printing required shall be at the expense of the department, 
 and subject to its approval. 
 
 Sec. 5. The lien for the tax shall attach from the date of 
 the assessment, and shall follow the satne into every State 
 in the Confederacy ; and in case any person shall attempt 
 to remove any property which may be liable to tax, beyond 
 the jurisdiction of the State in which tho ta.x is payable, 
 without payment of the tax, the collector of the district 
 may distrain upon and sell the same, iu the same manner as 
 is provided in cases where default is made iu the payment of 
 the tax. 
 
 Sec. 6. On the report of any chief collector, that any 
 county, town or district, or any part thereof, is occupied by 
 thepubliccncmy, or has been so occupied as to occasion 
 destruction of crops or property, the Secretary of the 
 Treasury may suspend the collection of tax in such region 
 until the same can be reported to Cougress, and its action 
 had thereon. 
 
 Sec. 7. In case any of the Confederate States shall under- 
 take to pay tho tax to bo collected within its limits before 
 the time at which the district collectors shall enter upon 
 the discharge of their duties, tho Secretary of the Treasury 
 may suspend the appointment of such collectors, and may 
 direct the chief collector to appoint assessors, and to take 
 proper measures for the making and perfecting the returns, 
 assessments and lists required by law ; and the returns, 
 assessments and and lists so made, shall have the same 
 legal validity, to all intouts and purposes, as if made ac- 
 cording to the provisions of the act to which this act is sup- 
 plementary. 
 
 Sec. 8. That tax lists already given, varying from tba 
 provisions of this act, shall be corrected so as to conform 
 thereto. 
 
 THE TAX ACT OP APRIL 24, 1863. 
 
 [From the Richmond Whig, April 21.] 
 
 We present below a synopsis of the bill to lay taxes fo» 
 
THE FINANCES. 
 
 371 
 
 tlie common defence and to cany on the government of the 
 Confederate States, wlii'h has passed both braiicliea of Con- 
 gress. It is 8ul)stantially the bill proposed by the commit- 
 tee on conference : 
 
 1. The first section imposes a tax of eight per cent, upon 
 the value of all naval stores, salt, wines and spirituous 
 li<luors, tobacco, manufactured or unmanufactured, cotton, 
 wool, flour, sugar, molasses, syrup, rice, and other agricul- 
 tural products, held or owned on the Ist day of July next, 
 and not necessary for fomily consumption for the une.x- 
 pired portion of the year 1S63, and of tlie growth or pro- 
 duction of any year preceding the year li^Co; and a tax of 
 one per cent, upon all moneys, bank notes or other curren- 
 cy on hand or on deposit on "thelst day of July next, and on 
 the value of all credits on which the interest h:i8 not been 
 paid, and not employed in a business, the income derived 
 from which is taxed under the provisions of this act : Pt-o- 
 vided, That all moneys owntd, held or deposited beyond 
 the limits of the Confederate States shall be valued at the 
 current rate of exchange in Confederate treasury noios. The 
 tax to be assessed on the Ist day of July and collected on 
 the 1st day of October next, or as soon thereafter as may be 
 practicable. 
 
 2. Every person engaged, or Intending to engage, in any 
 business named in the fifth section, shall, within sixty days 
 after the passage of the act, or at the time of beginning 
 business, and on the 1st of January in each year thereafter, 
 register with the distiict collector a true account of the 
 name and residence of each person, firm, or corporation en- 
 gaged or interested in the business, with a statement of the 
 time for which, and the place and manner in which the 
 same is to be conducted, &c. At the time of the registry 
 there shall be paid the specific tax for the year ending on 
 the next olst of December, and such other tax as may be 
 due upon sales or receipts in such business. 
 
 3. Any person failing to make such registry and pay such 
 tax, shall, in addition to all other taxes upon his business 
 imposed by the act, pay double the amount of the specific 
 tax on such business, and a like sum for every thirty days 
 of such failure. 
 
 4. Reqxiires a separate registry and tax for each business 
 mentioned in the fifth section, and for each place of con- 
 diicting the same ; hut no tax for mere storage' of goods at 
 a place other than the registered place of business. A new 
 registi-y required upon every change in the place of con- 
 ducting a registered business, upon the death of any person 
 conducting the same, or upon the transfer of the business to 
 another, but no additional tax. 
 
 5. Imposing the followng taxes for the year ending 31st 
 of December, 1863, and for each year thereafter : 
 
 Bankers shall pay S500. 
 
 Auctioneers, retail dealers, tobacconists, pedlers, cattle 
 brokers, apotliecaries, photographers, and confectioners, 
 ^50, and two and a half per centum on the gross amount of 
 sales made. 
 
 Wholesale dealers in liquors, S200, and five per centum on 
 gross amount of sales. Retail dealers in liquors, $100, and 
 ton per centum on gross amount of sales. 
 
 Wholesale dealers in groceries, goods, wares, merchan- 
 dise, &c., $200, and two and a half per contuni. 
 
 Pawnbrokers, money and exchange brokers, $200. 
 
 Distillers, .'S200, and'twenty per centum. Brewers, $100, 
 and two and a half per centum. 
 
 Hotels, inns, fciverns, and eating-houses, first class, ?o00; 
 second class, S300; third cl!iss,S200; fourth class, .?100; fifth 
 class, $30. Every house where food or refreshments are 
 sold, and every boarding house where there shall be six 
 boarders or more, shall be deemed an eating house under 
 tills act. 
 
 Commercial brokers or commission merchants, S200, and 
 two and a half per centum. 
 
 Tlir.ti -, - mil five per centum on all receipts. Each 
 
 oiicii-. -; ' I io for each exhibition. Jugglers and 
 oth.i i : .:,, i ting .shows, $50. 
 
 U'luliii : [1 \ - and billiard rooms, $40 for each alley or 
 table n.-isttMe(l. 
 
 I,ivery stable keepers, lawyers, physicians, surgeons, and 
 dentists, SoO. 
 
 Butchers and bakers, S50, and one per centum. 
 
 (>. Every person registered ami taxed is reijuired to make 
 icturus of the gross amount of sales from th(^ passage of 
 the act to tho oOth June, and every three months there- 
 after. 
 
 7. A tax upon all salaries, except of persons in the mili- 
 tary or naval service, of one per cent, when not exceeding 
 
 f.1.500. 
 
 two percent, upon 
 
 xcess over that amount 
 Til i! II I tuxes shall l)e imposed by virtue of this 
 art I'll 1 ' r any person receiving a salary not c.x- 
 
 cciiiiii -: ' 1 iiiiniiii, orat alike rate forauotherpcriod 
 of tin,. . i :i :i r i v slinrter. 
 
 8. I'niN ides tliut the tax on annual incomes, between $500 
 and $1,500, shall be five per cent.; between $1,500 and 
 .?.".000. five per cent. <m the first $1,500 and ten ])iT (ciit. 
 on the e.'cccss; betweeu $3,000 and $5,000, ten per tent.; 
 
 between $5,000 and $10,000, twelve and a half per cent.; 
 over 810,000, fifteen per cent., sulject to the following de- 
 ductions: Ou incomes derived from rents of real estate, 
 manufactuong, and mining establishments, &c., a sum suffi- 
 cient for necessarj- annnal repairs ; on incomes from any 
 mining or manufacturing business, the rent, (if rented,) cost 
 of labor actually hired, and raw material ; on incomes from 
 navigating enterprizes, tho hire of the vessel, jr allowance 
 for wear and tear of the same, not exceeding ten per cent.; 
 on incomes derived from the sale of merchandise or any 
 other property, the prime cost, cost of transportation, sala- 
 ries of clerks, and rent of buildings ; on incomes from any 
 other occupation, the salaries of clerks, rent, cost of labor, 
 material, Ac; and in case of mutual insurance companies, 
 the amount of losses paid by them during tho year. In- 
 comes derived from other sources are subject to no deduc- 
 tions whatever. 
 
 All joint stock companies and corporations shall pay one 
 tenth of the dividend and reserved fund annually. If the 
 annual earnings shall give a profit of more than ten and 
 less than twenty per cent, on capital stock, one eighth to 
 be paid ; if more than twenty per cent, one sixth, the tax 
 to be collected on the Ist of January next, and of each year 
 thereafter. 
 
 9. Relates to estimates and deductions, investigations, 
 referees, &c. 
 
 10. A tax of ten per cent, on all profits in 1862 by tho 
 purchase and sale of flour, corn, bacon, pork, oats, hay, rice, 
 salt, iron or the manufactures of iron, sugaT, molasses made 
 of cane, butter, woolen cloths, shoes, boots, blankets, and 
 cotton cloths. Does not apply to reguhir retail busi- 
 ness. 
 
 11. Each farmer, after reserving for his own use fifty 
 bushels sweet and fifty bushels Ii-ish potatoes, one hundred 
 bushels corn or fifty bushels wheat produced this year, shall 
 pay and deliver to the Confederate Government one tenth 
 of the grain, potatoes, forage, sugar, molasses, cotton, wool, 
 and tobacco produced. After reserving twenty bushels peas 
 or beans he shall deliver one tenth thereof. 
 
 12. Every farmer, planter, or grazier, one tenth of the 
 hogs slaughtered by him, in cured bacon, at the rate of sixty 
 pounds of bacon to one hundred pounds of pork ; one per 
 cent, upon the value of all neat cattle, horses, mules, not 
 used in cultivation, and asses, to be paid by the owners of 
 the same; beeves sold to be taxed as income. 
 
 13. Gives in detail the duties of post quartermasters under 
 the act. 
 
 14. Relates to the duties of assessors and collectors. 
 
 15. Makes trustees, guardians, Ac, re.sponsible for taxes 
 due from estates, &c., under their control. 
 
 16. Exempts the income and moneys of hospitals, asy- 
 lums, churches, schools, and colleges from taxation under 
 the act. 
 
 17. Authorizes the Secretary of the Treasury to make 
 all rules and regulations necessary to the operation of tho 
 act. 
 
 18. Provides that the act shall be in force for two years 
 from the expiration of the present year, unless sooner re- 
 pealed; that the tax on naval stores, flour, wool, cotton, 
 tobacco, and other agricultural products of the growth of 
 any year preceding 1863, imposed iu the first section, shall 
 be levied and collected only for the present year. 
 
 The tax act of February 17, 1864, levies, in 
 addition to the above rates, the following, as 
 stated in the Richmond Sentinel of February, 
 1864: 
 
 Sec. 1. Upon the value of real, personal, and mixed prop- 
 erty, of every kind and description, except the exemptions 
 hereafter to be named, five per cent.; the tax levied ou 
 property employed in agriculture to bo credited by tho 
 value of property in kind.* 
 
 * This is the section in full : 
 
 That on the 1st day of January, 1863, there shall 1 
 and assessed en each person residing in the Coi 
 States, for the support of the Governnu'iit und (lu 
 of the country, the following tax, to wit: On ; ini 
 of all the wheat, corn, rice, rye, oats, pota; i 
 peas, beans, barley, haj-, wool, rosin, tar, jiu ii i., 
 cotton, sugar, mokisscs, and tobacco produce.! 1.., 
 those States during the previous calendar year; 
 fifth of tho value of tho increase for the preceding 
 year of the horses, asses, cattle, sheep, and swine : ; 
 one fiflli of the profits made in the precediii- cairn 
 of llie fei-dini: <.f swijie, shc.-p, cattle, .ir mnlis: : 
 nilhofca(hi;(T.son-s vrarlv income for tlir prna- 
 endar year, tn.ni all sources uliat<o.v.i-. cm , pt 1 
 scinrccs li.Tc-iiialtcrdfscriiirl. I'll 1 ■ \ it n :i i'. 
 on Confc(lcrat<' bonds, c.i ii ici ., ,.i n , ;: , i ' 
 
 vidrd. That said tax s.,l.v, i : :, :i 
 
 payable on tho l.st day cii .\i;ii, 1 i::. /'< c,,., / 
 
372 
 
 THE FINANCES. 
 
 On gold and silver ware, plate, jewels, and watches, ten 
 per cent. 
 
 The tix to he levied on the value of property in 1860, ex- 
 cept in the case of land, slaves, cotton, and tobacco, jnir- 
 :hased since January 1st, 1862, upon which the tax shall be 
 levied on the price paid. 
 
 Sec. 2. A tax of five per cent on the value of all shares in 
 (oint stock companies of any kind, whelluT incorporated or 
 aot. The sliaros to be valued at their market value at the 
 time of assessment. 
 
 Sec. 3. Upon the market value of gold and silver coin or 
 bullion, five per cent.; also the same upon moneys held 
 abroad, or all bills of exchange drawn therefor. 
 
 A tax of five per cent, on all solvent credits, and on all 
 bank bills and papers used as currency, except non-interest 
 bearing Confederate Treasury notes, and not employed in a 
 registered business taxed twenty-five per cent. 
 
 Sdc. 4. Profits in trade and business taxed as follows : 
 
 On the purchase and sale of agricultural products and 
 mercantile wares generally, from January 1, 1863, to Jan- 
 wai-y 1, 1865, ten per cent in addition to the tax under the 
 act of April 24, 1863. 
 
 The same on the purcha.se and sale of coin, exchange, 
 stocks, notes, and credits of any kind, and any property not 
 included in the foregoing. 
 
 On the amount of profits exceeding twenty-five per cent. 
 of any bank, banking company, or joint stock company of 
 any description, incorporated or not, twenty-five per cent. 
 on such excess. 
 
 Sec. 5. The follo^ving are exempted from taxation : 
 
 Five hundred dollars' worth of property for each head of 
 a famil}', and a hundred dollars additional for each minor 
 child ; and for each son in the army or navy, or who has 
 fallen in the service, and a member of the family when he 
 enlisted, the further sum of S500. 
 
 One thousand dollars of the property of the widow or mi- 
 nor children of any oflBcer, soldier, sailor, or marine, who 
 has died in the service. 
 
 A like amount of property of any officer, soldier, sailor, 
 or marine, engaged in the service, or who has been disabled 
 therein, provided said property, exclusive of furniture, does 
 not exceed in value $1,000. 
 
 When property has been injured or destroyed by the 
 enemy, or the owner unable temporarily to use or occupy 
 it by reason of the presence or proximity of the enemy, the 
 assessment may be reduced in proportion to the damage 
 sustained by the owner, and the tax in the same ratio by 
 the ilistrict cullector. 
 
 Sec. 6. The taxes on property for 18G4 to be assessed as on 
 the day of the passage of this act, and collected the 1st of 
 June next, with ninety days extension west of the Missis- 
 sippi. The additional tax on incomes or profits for 1863, to 
 be paid forthwith; the tax on incomes, &c., for 1864, to be 
 collected according to the acts of 18G3. 
 
 Sec. 7. Exempts from tax on income for 1864, all property 
 herein taxed ad valorem. The tax on Confederate bnnds in 
 no case to exceed the interest pajable on the same; and 
 said bonds exempt from tax when held by minors or luna- 
 tics, if the interest do not exceed one thousand dollars. 
 
 THE TAX LAW. 
 
 We learn that, according to the conefruction of the re- 
 cent tax law in the Treasury Department, tax payers will 
 be required to state the articles and objects subjected to a 
 specific or ad valorem tax, held, owned, or possessed by 
 them on the 17th day of February, 1864, the date of the 
 act. 
 
 The daily wages of detailed soldiers and other employes 
 of the Government are not liable to taxation as income, 
 although they may amount, in the aggregate, to the sum 
 of 81,000 per annum. 
 
 A tax additional lo both (he above was im- 
 posed as follows, June 1, 1864: 
 
 A bill to provide supplies for the army, and to prescribe 
 
 the mode of making impressments.* 
 
 Sec. 1. The Congress of the C'fmfederate Slates of America 
 
 do enact, Every person required to pay a tax in kind, under 
 
 That foreigners resident within the Confederate States shall 
 not be required to pay, except from the aforesaid articles 
 produced by or for them, or from income or profits derived 
 from business conducted by tiiem within those States; nor 
 shall any tax be levied upon the produce of residents where 
 the total value of such products during said years is less 
 than $000; nor shall any tax be levied on the income of 
 residents where the total value of such income is less thati 
 $500. 
 
 * The Georgia Supremo Court has made an important de- 
 cision in the case of iiripressnient of sugar in tlie hands of 
 a merchant. One of the points was that " the Congress of 
 
 the provisions of the " Act to lay taxes for the common 
 ili'fense and carry on the Government of the Confeiierate 
 States," approved April 24, 1863, and the act amendatorv 
 thereof, approved February 17, 1864, shall, in addition to 
 the one tenth required by said acts to be paid as a tax in 
 kind, deliver to the Confederate Government, of the pro- 
 ducts of the presont year and of the year 1865, one other 
 tenth of the several products taxed in kind by the acts 
 aforesaid, which additional one tenth shall b« ascertained, 
 assessed and collected, in all resj»ects, aa is provided by law 
 for tlio said tax in kind, and shall be paid for, on delivery, 
 by the Post Quartermasters in the several tUstricts at the 
 assessed value thereof, except that payment for cotton and 
 tobacco shall bo made by the agents of the Treasmry De- 
 partment appointed to receive the same. 
 
 Sec. 2. The supplies necessary to the support of the pro- 
 ducer and his family, and tocarry on his ordinary business, 
 shall be exempted from the contribution required by the 
 preceding section, and from the additional impressments 
 authorized by the act : Provided, hoiuever, That nothing 
 herein contained shall be construed to repeal or affect the 
 provisions of an act entitled " An act to authorize the im- 
 pressment of meat for the use of the army, under certain 
 circumstances," approved Feb. 17, 1864, and if the amount 
 of any article or product so necessary cannot be agreed 
 upon between the assessor and the producer, it shall be as- 
 certiiined and determined by disinterested freeholders of 
 the vicinage, as is provided in cases of disagreement as to 
 the estimates and assessments of tax in kind. If required 
 by the assessor, such freeholder shall ascertain whether a 
 producer, who is found unable to furnish the additional one 
 tenth of any one product, cannot supply the deficiency by 
 the delivery of an equivalent in other products, and upon 
 what terms such commutation shall be made Any com- 
 mutation thus awarded shall he enforced and collected, in 
 all respects, as is provided for any other contribution re- 
 quired by this act. 
 
 Sec. 3. The Secretary of War may, at his discretion, de- 
 cline to assess, or, after assessment, may decline to collect 
 the whole or any part of the additional one tenth herein 
 provided for, in any district or locality ; and it shall be his 
 duty promptly to give notice of any such determination, 
 specifying, with nasouable certainty, the districtor locality 
 and the product, or the proportion thereof, as to which he 
 so declines. 
 
 Sec. 4. The products received for the contribution herein 
 required, shall be disposed of and accounted f 'r in the same 
 manner as those received for the tax in kind ; and the Secre- 
 tary of War may, whenever the eJcigencies of the public 
 service will allow, authorize the sale of products received 
 from either source, to public officers or agents charged in 
 any State with the duty of providing for the families of sol- 
 diers. Such sale shall be at the prices paid or assessed for 
 the products sold, including the actual cost of collec- 
 tions. 
 
 Sec. 5. If, In addition to the tax in kind and the contri- 
 bution herein required, the necessities of the army or the 
 good of the service shall require other supplies of food or 
 forage, or any other private property, and the same can- 
 not bo procured by contract, then impressments may be 
 made of such supplies orother property, either for absolute 
 ownership or for temporary use, as the public necessities 
 may require. Such impressments shall be made in accord- 
 ance with the provisions, and subject to the restrictions of 
 the existing impressment laws, except so far as is herein 
 otherwise provided. 
 
 Sec. 6. The right and the duty of making impressments 
 is hereby confided exclusively to the officers and agents 
 charged in tho several districts with the assessment and col- 
 lection of the tax in kind and of the contribution herein 
 required; and all officers and soldiers in any department of 
 the army are hereby expressly prohibited from undertak- 
 ing in any manner to interfere with these officers and 
 agents in any part of their duties in respect to tho tax in 
 kind, the coutribution, or the impressment herein provided 
 for: Provided, That this prohibition shall not be applicable 
 to any district, county, or parish in which there shall be no 
 officer or agent charged with the appointment and collec- 
 tion of the tax in kind. 
 
 Sec. 7. Supplies or other property taken by impressment 
 shall be paid for by the post quartermasters in the several 
 districts, and shall'be disposed of and accounted for by them 
 as is required in respect to the tax in kind and the contri- 
 bution herein required : and it shall be the duty of the post 
 quartermasters to equalize and apportion the impressments 
 within their districts, as fur as practicable, so as to avoid op- 
 pressing any portion of the community. 
 
 the Confederate States have the constitutional power to 
 authorize, by statute, the accumulation of supplies for fu- 
 ture use of tho army by impressment, where holders refuse 
 to sell at fair prices: Provided, 'Just compensation' be 
 made or tendered to the owner." 
 
THE FINANCES. 
 
 373 
 
 Sec 8. If any one not authorized by law to collect the 
 tax ill Lmd or the contribution herein required, or to make 
 iraprejsmeiJts, shall undertake, on any pretence of such 
 authority, to s-ize or impress, or to collect or receive any 
 Fuoh property, or shall, on any such preteuce, actually ob- 
 tain such property, he shall, upon conviction thereof, be 
 punished by fine not exceeding five times the value of such 
 property, and be imprisoned not exceeding five years, at 
 the discretion of the court having jurisdiction. And it 
 shall be the duty of all officers and agents charged with 
 the assessment and collection of the tax in kind and of the 
 contribution herein required, prompfif to report, through 
 tht post quartermasters in the several districts, any viola- 
 
 tion or disregard of the provisions of this act by any officer 
 or soldier in the service of the Confederate States. 
 
 ?EC. 9. That it shall not bo lawful to impress any sheep. 
 
 milch cows, brood mares, stud horses, jacks, bulls, or other 
 
 stock kept or necessary for raising horses, mules, or cattle. 
 
 The following is the vote by which the bill 
 
 passed the Senate : 
 
 Yeas Messrs. Caperton, Graham, Haynes, Jemison, John- 
 son (Ark.3, Johnson (Mo.), Mitchel, OrriWalker, Watsoi,— 
 
 Nats— Messrs. Baker,Burnett, Henry, Hunter, Maxwell 
 Serames, Sparrow— 7. 
 
MISCELLANEOUS. 
 
 The President on Colonization, in Au- 
 gust, 1862. 
 
 1862, August 14 — The President received a 
 deputation of colored persons relative to emi- 
 gration. The interview is thus reported : 
 
 Washinoton, Thuksdat, August 14, 1862. 
 
 This afternoon the President of the United States gave an 
 audience to a committee of colored men at the White House. 
 They were introduced by Rev. J. Mitchell, Commissioner of 
 Emigration. E. M. Thomas, the chairman, remarked that 
 they were there by invitation to hear what the Executive 
 had to say to them. 
 
 Having all been seated, the President, after a few pre- 
 liminary observations, informed them that a sum of money 
 had been appropriated by Congress, and placed at his dispo- 
 sition, for the purpose of aiding the colonization in some 
 country of the people, or a portion of them, of African des- 
 cent, thereby making it his duty, as it had for a long time 
 been his inclination, to favor that cause ; and why, he asked, 
 should the people of your race be colonized, and where ? 
 Why should they leave this country? This is, perhaps, the 
 first question for proper consideration. You and we are 
 different races. We have between us a broader difference 
 than exists between almost any other two races. Whether 
 it is right or wrong I need not discuss ; but this physical 
 difference is a great disadvantage to us both, as I think. 
 Your Tace suffer very greatly, many of them by living 
 among us, while ours sutfer from your presence. In a word 
 we suffer on each side. If this is admitted, it affords a rea- 
 son, at least, why we should be separated. You here are 
 freemen, I suppose. 
 
 A VOICE — Yes, sir. 
 
 The President — Perhaps you have long been free, or all 
 your lives. Your race are suffering, in my judgment, the 
 greatest wrong inflicted on any people. But even when 
 you cease to be slaves, you are yet far removed from being 
 placed on an equality with the white race. You are cut otf 
 from many of the advantages which the other race enjoys. 
 The aspiration of men is to enjoy equality with the best 
 when free, but on this broad continent not a single man of 
 your race is made the equal of a single man of ours. Go 
 where you are treated the best, and the ban is still upon 
 you. I do not propose to discuss this, but to present it as a 
 fact, with which we have to deal. I cannot alter it if I 
 would. It is a fact about which we all think and feel alike, 
 I and you. We look to our condition. Owing to the exist- 
 ence of the two races on this continent, I need not recount 
 to you the effects upon white men, growing out of the insti- 
 tution of slavery. I believe in its general evil effects on the 
 white race. See our present condition — the country en- 
 gaged in war ! our white men cutting one another's throats 
 —none knowing how fiir it will extend— and then consider 
 what we know to be the truth. But for your race among 
 us there could not be war, although many men engaged on 
 either side do not care for you one way or the other. Never- 
 theless, I repeat, without the institution of slavery, and the 
 colored race as a basis, the war could not have an existence. 
 It is better for us both, therefore, to be separated. I know 
 that there are free men among you who, even if they could 
 better their condition, are not as much inclined to go out 
 of the country as those who, being slaves, could obtain their 
 freedom on this condition. I suppose one of the principal 
 difficulties in the way of colonization is that the free col- 
 ored man cannot see that his comfort would be advanced 
 by it. You may believe that you can live in Washington, 
 or elsewhere in the United States, the remainder of your 
 life ; perhaps more so than you can in any foreign country, 
 
 and hence you may come to the concBusion that you have 
 nothing to do with the idea of going to a foreign country. 
 This is (I speak in no unkind sense) an extremely selfish 
 view of the case. But you ought to do something to help 
 those who are not so fortunate as yourselves. There is an 
 unwillingness on the part of our people, harsh as it may be, 
 for you free colored people to remain with us. Now if you 
 could give a start to the white people you would open a 
 wide door for many to be made free. If we deal with those 
 who are not free at the beginning, and whose intellects are 
 clouded by slavery, we have very poor material to start 
 with. If intelligent colored men, such as are before me, 
 would move in tliis matter, much might be accomplished. 
 It is exceedingly important that we have men at the begin- 
 ning capable of thinking as white men, and not those who 
 have been systematically oppressed. There is much to en- 
 courn ge you. For the sake of your race you should sacrifice 
 something of your present comfort for the purpose of being 
 as grand in that respect as the white people. It is a cheer- 
 ing thought throughout life, that something can be done to 
 ameliorate the condition of those who have been subject to 
 the hard usages of the world. It is difficult to make a man 
 miserable while he feels he is worthy of himself and claims 
 kindred to the great God who made him. In the American 
 Revolutionary war sacrifices were made by men engaged in 
 it, but they were cheered by the future. General Washing- 
 ton himself endured greater physical hardships than if he 
 had remained a British subject, yet he was a happy man, 
 because he wiis engaged in benefiting his race, in doing 
 something for the children of his neighbors, having none 
 of his own. 
 
 The colony of Liberia has been in existence a long time. 
 In a certain sense it is a success. The old President of Li- 
 beria, Roberts, has just been with me the first time I ever 
 saw him. He says they have ^\ithin the bounds of that 
 colony between three and four hundred thousand people, 
 or more than in some of our old States, such as Rhode 
 Island or Delaware, or in some of our newer States, and less 
 than in some of our larger onjs. They are not all Amer- 
 ican colonists or their descendants. Something less than 
 12,000 have been sent thither from this country. Many of 
 the original settlers have died, yet, like people elsewhere, 
 their offspring outnumber those deceased. The question is, 
 if the colored people are persuaded to go anywhere, why 
 not there? One reason for unwillingness to do so is, that 
 some of yon would rather remain within roach of the coun- 
 try of your nativity. I do not know how much attachment 
 you may have toward our race. It does not strike me that 
 you have the greatest reason to love them. But still you 
 are attached to them at all events. The place I am think- 
 ing about having for a colony is in Central America. It is 
 nearer to us than Liberia — not much more than one fourth 
 as fiir as Liberia, and within seven days' run by steamers. 
 Unlike Liberia, it is a great line of travel— it is a highway. 
 The country is a very excellent one for any people, and with 
 great natural resources and advantages, and especially be- 
 cause of the similarity of climate with your native soil, 
 thus being suited to your physical condition. The particu- 
 lar place I have in view is to be a great highway from the 
 Atlantic or Caribbean Sea to the Pacific Ocean, and this 
 particular place has all the advantages for a colony. On 
 both sides there are harbors among the finest in the world. 
 Again, there is evidence of very rich coal mines. A certain 
 amount of coal is valuable in any country. Why I attach so 
 much importance to coal is, it will afford an opportunity to , 
 the inhabitants for immediate employment till they get 
 ready to settle permanently in their homes. If you take 
 colonists where there is no good landing, there is a bad 
 show ; and so where there is nothing to cultivate, and of 
 374 
 
MISCELLANEOUS. 
 
 375 
 
 which to make a farm. But if something is started so that 
 jou cau get your daily bread as soon as you r«ach tliere, it 
 is a great advantage. Coal land is the best thing I know 
 of with which to commence an entei-prise. To return — you 
 have been talked to upon this subject, and told that a spec- 
 ulation is intended by gentlemen who have an interest in 
 the country, including the coal mines. We have been mis- 
 taken all our lives if we do not know whites, as well as 
 blacks, look to their self-interest. Unless among those de- 
 ficient of intellect, everybody you trade with makes some- 
 thing. You meet with these things here and everywhere. 
 If such persons have what will be an advantage to them, 
 the question is, whether it cannot be made of advantage to 
 j'ou ? You ai'e intellfgent and know that success does not 
 a^ much depend on external help as on self-reliance. Much, 
 therefore, depends upon yourselves. As to the coal mines, 
 I think I see the means available for your self-reliance. I 
 shall, if I get a sufficient number of you engaged, have pro- 
 vision made that you shall not be wronged. If you will 
 engage in the enterprise, I will spend some of the money 
 intrusted to me. I am not sure you will sutceed. The Gov- 
 ernment may lose the money, but we cannot succeed unless 
 we try; but we think with care we can succeed. The polit- 
 ical affairs in Central America are not in quite as satisfac- 
 tory condition as I wish. There are contending factions in 
 that quarter; but it is true, all the factious are agreed alike 
 on the subject of colonization, and want it, and are more 
 generous than we are here. To your colored race they have 
 no objection. Besides, I would endeavor to have you made 
 equals, and have the best assurance that you should be the 
 equals of the best. The practical thing I want to ascertain 
 is, whether I can get a number of able-bodied men, with 
 their wives and children, who are willing to go, when I pre- 
 sent evidence of encouragement and protection. Could I 
 get a hundred tolerably intelligent men, with their wives 
 and children, and able to " cut their own fodder," so to 
 speak ? Can I have fifty ? If I could find twenty-five able- 
 bodied men, with a mixture of women and children — good 
 tilings in the ftimily relation, I think — I could make a suc- 
 cessful commencement. I want you to let me know whether 
 this can be done or not. Tliis is the practical part of my 
 wish to see you. These are subjects of very gi-eat import- 
 ance — worthy of a month's stud}-, of a speech delivered in 
 an hour. I ask you, then, to consider seriously, not per- 
 taining to yourselves merely, nor for your race and ours for 
 the present time, but as one of the things, if successfully 
 managed, for the good of mankind — not confined to the 
 present generation, but as 
 
 " From age to age descends the lay 
 To millions yet to be, 
 Till far its echoes roll away 
 Into eternity.-' 
 
 The above is merely given as the substance of the Presi- 
 dent's remarks. 
 
 The chairman of the delegation briefly replied, that 
 "they would hold a consultation, and in a shoit time give 
 an answer." The President said, " Take yom- full time — no 
 hurry at all." 
 
 The delegation then withdrew. 
 It was proposed to settle these persons on a 
 tract of coiiniry in New Grenada, but that Gov- 
 ernment objected, and no further attempt has 
 been made in that direction. (For further par- 
 ticulars see page 212.) 
 
 Incompatibility of Civil and Military 
 Office. 
 
 Robert C. Schenck and Francis P. Blair, 
 Jr., were elected in the fall of 1862 members of 
 the Thirty-Eighth Congress, the first named 
 then being a Major General. The latter was 
 commissioned a Brigadier, and then a jNIajor 
 General, subsequently to the election. The 
 former resigned his commission November 13, 
 1863, to take his seat in Congress, the resigna- 
 tion to have effect December 5, 1863 ; the Pres- 
 ident accepted it November 21. The latter re- 
 signed January 1, 1864, which the President 
 accepted January 12, giving it effect that day. 
 He took the oath of office as Representative in 
 Congress, January 12. April 23, he requested 
 to withdraw his resignation as Major General 
 of olunteers; and, same day, the President 
 
 assigned him to the command of the Seven- 
 teenth Army Corps. 
 
 IN SENATE. 
 
 June 15 — The Judiciary Committee reported 
 this resolution : 
 
 Eewlved, That an ofBcer of the United States whose res- 
 ignation has been duly accepted and taken effect, or who, 
 having been elected a member of either House of Congress, 
 qualifies and enters on the discharge of the duties of a 
 member, is thereby, in either case, out of the office previ- 
 ously held, and cannot be restored to it without a new ap- 
 pointment, in the manner prescribed by the Constitution. 
 
 June 30 — This resolution passed without a 
 division. 
 
 IN HOUSE. 
 
 June 13 — The Committee on Elections made 
 a report, and submitted these resolutions : 
 
 Resolved, That Robert C. Schenck, haring resigned the 
 office of Major General of Volunteers which he then held 
 on the 13th day of November, 1863, which resignation was 
 accepted November 21, 1863, to take effect December 5, 
 1863, was not, by reason of having held such office, disquali- 
 fied from holding a seat as a Representative in the Thirty- 
 Eighth Congi-ess, whose first session commenced on the 7th 
 day of December, 1863. 
 
 Resolved, That Francis P. Blair, Jr., by continuing to 
 hold the office of Major General of Volunteers to which he 
 was appointed November 29, 1862, and to discharge the du- 
 ties thereof till January 1, 1864, the date of his resignation, 
 did thereby decline and disqualify himself to hold the office 
 of Representative in the Thirty-Eighth Congress, the first 
 session of which commenced on the first Monday in Decem- 
 ber, 1863. 
 
 June 29 — They were adopted without a di- 
 vision. 
 
 Repeal of the Pishing Bounties. 
 
 First Session, Thirty-Seventh Congress. 
 
 Pending the consideration of a tax bill in the 
 Senate, 
 
 July 29, 1861, Mr. Saulsbury moved to add 
 this section : 
 
 That from and after the 6th day of October, 1S61, all acta 
 and parts of acts granting allowances or bounties on the 
 tonnage of vessels employed in the bank or other cod fish- 
 eries, be, and the same are hereby, repealed. 
 
 Which was rejected — yeas 15, nays 19, as 
 follows : 
 
 Yeas— Messrs. Browning, Carlile, Chandler, Doolittle, 
 Grimes, Harlan, Johnson of Missouri, Pollc, Poivell, Rice, 
 Saulsbury, Sherman, Trumbull, Wilkinson, Willey — 15. 
 
 Nays — Messrs. Anthony. 'Jiurk, CoUamer, Dixon, Fessen- 
 den, Foot, Foster, Harrii, King, Lane of indiaua, Lane of 
 Kansas, McDmnjail, Morrill, Pomeroy, Simmons, Sumner, 
 Ten Eyck, Wade, Wilson— 19. 
 
 Third Session, Thirty-Seventh Congress. 
 
 IN SENATE. 
 1863, Feb. 2— Pending the legislative bill, 
 Mr. Powell offered this new section : 
 
 That all laws or parts of laws allowingor giving bounties 
 on the tonnage of vessels engaged in the cod or o^her bank 
 fisheries, be, and the same are herebj', repealed. 
 
 Which was rejected — yeas 8, nays 35, as fol- 
 lows : 
 
 Yeas — Messrs. Carlile, Kennedy, Poivell, Ridtardsmi, 
 Sherman, Turpie, Wall, Wilson of Missouri— 8. 
 
 Nats— Messrs. Anthony, Arnold, Chandler, Clark, CoUa- 
 mer, Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, 
 Grimes, Hale, Harding, Harlan, Harris, Hicks, Howard, 
 Howe, King, Lane of IncUana, Lane of Kansas, Latham, 
 McDouqall, Morrill, Pomerov, Rice, Sumner, Trumbull, 
 Wade, Wilkinson, Willey, Wilmot, Wilson of M;i.ss— 35. 
 
 First Session, Thirty-Eighth Congress. 
 1864, April 12 — The Naval appropriation 
 bill being under consideration in the Senate, 
 
376 
 
 MISCELLANEOUS. 
 
 Mr. Powell offered the following as a new 
 
 section: 
 
 That from and after tho first day of July, 1864, all acts 
 and parts of^acts granting allowances or bounties on the 
 tonnage of vessels engaged in the Bank or other cod fish- 
 eries be, and the same are hereby, repealed. 
 
 Which was rejected — 'yeas 18, nays 20, as 
 follows : 
 
 Yeas — Messrs. Buckalew, Cowan, Davis, 'Harding, Har- 
 lan, Henderson, Hendricks, Lane of Indiana, Lane of Kan- 
 sas, McDougall, Nesmith, Pomeroy, P<rwell, SauUhury, 
 Trumbull, Wilkinson, Willey, Wright— \?,. 
 
 Nats — Messrs. Anthony, Chandler, Conness, Doolittle, 
 Fessenden, Foot, Foster, Grimes, Hale, Harris, Howe, John- 
 son, Morgan, Ramsey. Sherman, Sprague, Sumner, Ten 
 Eyck, Wade, Wilson— 20. 
 
 May 31 — Pending the Internal Revenue bill, 
 Mr. Powell ofFeied the same section, which 
 was rejected — yeas 11, nays 24, as follows: 
 
 Yeas — Messrs. Buclcalew, Conness, Davis, Grimes, Herv- 
 dricks, Kesmith, Powell, Richardson, Saulsbury, Sherman, 
 Trumbull— 11. 
 
 Nays — Messrs. Anthony, Chandler, Clark, Dixon, Doo- 
 little, Fessendon, Foot, Foster, Hale, Howard, Howe, John- 
 eon, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, 
 Sumner, Ten Eyck, Van Winkle, Wade, Wilkinson, Willey, 
 Wilson— 24. 
 
 To prohibit Polygamy in Utah. 
 Second Session, Thirty-Seventh Congress. 
 
 IN HOUSE. 
 18G2, April 28— The House passed, without a 
 divisionj»a bill to punish and prevent the prac- 
 tice of polygamy in the Territories of the United 
 States and other places, and disapproving and 
 annulling certain acts of the territorial legisla- 
 ture of Utah. (It is the identical bill passed at 
 the first session of the Thirty-Sixth Congress, 
 with the difference that this bill strikes out the 
 exception of the District of Columbia from its 
 provisions, which was contained in the other.) 
 June 3 — The bill, amended, passed the Sen- 
 ate — yeas 37, nays 2, (Messrs. Latham and Mc- 
 Dougall.) 
 
 Declaring Certain Persons Ineligible 
 
 to Office. 
 
 Second Session, Thirty-Seventh Congress. 
 
 IN HOUSE. 
 
 1861, December 23 — Mr. Mookhead offered 
 this resolution, which was adopted : 
 
 Resolved, That the Judiciary Committee be instructed to 
 inquire into the expediency of reporting a bill providing 
 that any person or persons engatjed or implicated in the 
 present rebellion against the Coostitution of the United 
 States be farever hereafter rendered ineligible to hold any 
 afiSce under the Constitution and laws of the Uuited States^ 
 
 1862, March 13— Mr. Wilson gave notice of 
 a bill declaring certain persons ineligible to of- 
 fice. 
 
 June 4 — The House passed a bill declaring 
 certain persons ineligible to office. 
 
 It ri^Tides that any person elected or appointed to any 
 office of honor or profit under the Goverumonl of the United 
 States, either in tho civil, military, or naval department, 
 shall, before entering on tho duties of such office, and be- 
 fore being entitled to any of the salary or other emoluments 
 thereof, t;ike and subscribe an oath that ho had never vol- 
 nnUrily borne arras against Iho Government of the United 
 Slates since he had been a citizen thereof ; had voluntarily 
 given no aid, countenance, counsel, or encouragement to 
 persons engaged in armed hostility thereto ; had never 
 sought or accepted or attempted to exercise the functions of 
 any office whatever under any authority or pretended au- 
 thority in hostility to the Government of the United Stales : 
 
 that he had neither voluntarily renounced his allegiance to 
 the Government of the United States nor yielded a volun» 
 tary support to any pretended government, authority, pow- 
 er, or constitution, hostile or inimical thereto ; that he will 
 support and defend tho Constitution and Government of the 
 United States and all laws made in pursuance thereoj^ 
 against all enemies, foreign or domestic ; bear true faith 
 and allegiance to the same ; that he takes the obligation 
 without any mental reservation or evasion ; and that he 
 will well and faithfully discharge the duties of the office on 
 which he is about to enter. This oath is to be preserved 
 among the files of the court. House of Congress, or depart- 
 ment to which such office may appertain ; and any per- 
 son falsely taking such oath shall be guilty of perjury, and 
 on conviction thereof, shall, in addition to the penalties now 
 prescribed, be deprived of his office, and rendered incapa- 
 ble forever thereafter of holding any office under the Gov- 
 ernment of the United States. 
 
 Yeas 78, nays 47. The Nats were : 
 Messrs. William J. Allen, Ancona. Jacob B. Blair, George 
 H. Browne, Calvert, Casey, Cobb, Coming, Cox, Dunlap, Eng- 
 lish, Grider, Haight, Harding, Holman, Johnson, Kerrigan, 
 Knapp, Law, May, Menzies, Noble, Noell, Norton, Nugen, 
 Pendleton, John S. Phelps, Richardson, Robinson, James 
 S. Rollins, Segar, Shiel, Smith, John B. S.'eele, WdHam G. 
 Steele, Stiles, Benjamin F. Thomas, Francis Thomas, Vallart- 
 digham, Vibbard, Voorhees, Wadsworlh, Ward, Chilton A, 
 White, Wickliffe, Woodruff, Wright— i7. 
 
 June 23 — The bill was amended and passed 
 in the Senate — yeas 23, nays 5, (Messrs. Bayard, 
 Carlile, Kennedy, Powell, Saulsbury.) 
 
 June 24 — The House non-concurred in the 
 amendments of the Senate. A Committee of 
 Conference arranged the differences, and their 
 report, being the existing law, was adopted in 
 the House without a division, and in the Sen- 
 ate — yeas 27, nays 8, (Messrs. Bayard, Carlile, 
 Davis, Henderson, Nesmith, Powell, Saulsbury, 
 Stark.) 
 
 Bill to Punish Conspiracies. 
 
 The bill to define and punish conspiracies provides that 
 if two or more persons within any State or Territory of tho 
 United States shall conspire together to overthrow, or to 
 put down, or to destroy by force, the Government of tho 
 United States, or to levy war against the United States, or 
 to oppose by force the authority of the Government of tho 
 United States ; or by force to prevent, hinder, or delay the 
 execution of any law of the United States ; or by force to 
 seize, take, or possess any property of the United States 
 against the will, or contrary to the authority of the United 
 States ; or by force, or intimidation, or threat, to prevent 
 any person from accepting or holding any office, or trust, or 
 place of confidence, under the United States; each and 
 every person so offending shall be guilty of a high crime, 
 and upon conviction in any district or circuit court of the 
 United States having jurisdiction, or district or supreme 
 court of any Territory of the United States having jurisdic- 
 tion, shall be punished by a fine not less than SoOO and not 
 more than $5,000, or by imprisonment, solitary or social, 
 and with or without hard labor, as the court shall deternv- 
 ine, for a period not less than si.\ months nor gi-eater than 
 six years ; or by both such fine and imprisonment. 
 
 1861, July 15 — It passed the House — yeas 
 123, nays 7, (Messrs. Ashley, Burnett, Diven, 
 Edgerton, Goodwin, Pomeroy, Wood.) 
 
 July 26 — The bill passed the Senate without 
 a division. 
 
 Same day — Mr. Poweli, presented this pro- 
 test against its passage : 
 
 Protest of the minority of the Senate of the United States 
 against the passage of the House bill No. 45, entitled "An 
 act to define and punish certain conspirators." 
 The undersigned, members of the Senate, dissent from tho 
 passage of the bill on the following grounds : 
 
 The government of the United States is a Government of 
 specially delegated powers ; and though treason is one of tho 
 highest crimes known to the law, it is a political offence. 
 
 To guard against the abuses which in times of high e» 
 citement had, in tho history of England previous to tho rev- 
 olution of 16S8, too often sacrificed able, virtuous, and 
 innocent men on charges of treason and kindred oftVnces, 
 unaccompanied by acts, the Constitution of the United 
 
MISCELLANEOUS. 
 
 377 
 
 Sta'tes expressly defines the crime of treason in the follow- 
 ing terms : 
 
 ART. ;;, Snc. 3. "Treason against the United States shall 
 consist only in levying war against them, or in adhering to 
 their enemies, giving them aid and comfort." 
 
 It further provides that " no person shall be convicted of 
 treason unless on the testimony of two witnesses to the 
 same overt act, or on confession in open court." 
 
 The intent to restrict Congress in the creation of crimes 
 of the nature created by this bill seems obvious ; for in trea- 
 son all are principals, and in any conspiracy of the kind 
 stated in the bill, an overt act in pursuance of it, proved by 
 two witnesses, would be treason against the United States. 
 Thus the creation of an offence, resting in intention alone, 
 vrithout overt act, would render nugatory the provision last 
 quoted, and the door would be opened for those similar op- 
 pressions and cruelties which, under the excitement of po- 
 litical struggles, have so often disgraced the past history of 
 the world. The undersigned can conceive no possible object 
 in defining the crime of treason by our ancestors, and re- 
 quiring proof by two witnesses to the same overt act to 
 justify the conviction of the accused, unless it be to restrict 
 the power of Congress in the creation of a political crime 
 kindred to treason, and charged as resting in intent alone, 
 which would, if accompanied by an overt act, be treason. 
 
 It matters not that the punishment prescribed in the law 
 is not death, but imprisonment ; for the passage of the bill, 
 though it might not affect the life of an innocent man, 
 would give, from the uncertainty of the offence charged, 
 and the proof requisite to sustain it, the utmost latitude to 
 prosecutions founded on personal enmity and political ani- 
 mosity and the suspicions as to intention which they inevi- 
 tably engender. JAMES A. BAYARD, 
 L. W. POWELL, 
 J. D. BRIGHT, 
 W. SAULSBURY, 
 TRUSTEN POLK, 
 J. A. PEARCB, 
 A. KENNEDY, 
 JOHN C. BRECKINRIDGE, 
 WALDO P. JOHNSON. 
 
 Letters of Marque. 
 Second Session, Thirty-Seventh Congress. 
 
 Be it enacted, die.. That in all domestic and foreign wars 
 the President of the United States is authorized to issue to 
 private armed vessels of the United States commissions, or 
 letters of marque and general reprisal, in such form as he 
 shall think proper, and under the seal of the United States, 
 and make all needful rules and regulations for the govern- 
 ment and conduct thereof, and for the adjudication and 
 disposal of the prizes and salvages made by such vessels : 
 Prmided, That the authority conferred by this act shall 
 cease and terminate at the end of three years fiom the 
 passage of this act. 
 
 IN SENATE. 
 
 February 17, 1863 — Mr. Sumner offered 
 the following amendment : 
 
 That, to aid in putting down the present rebellion, the 
 President of the United States is authorized to issue to pri- 
 vate armed vessels of the United States, &c. 
 
 Which was rejected — yeas 13, nays 22. 
 
 The bill passed the Senate — yeas 27, nays 9, 
 as follows : 
 
 Yeas — Messrs. Anthony, Arnold, Chandler, Clark, Colla- 
 mer, Cowan, Doolittle, Fessenden, Eoot, Foster, Grimes, 
 Harding, Harlan, Harris, Hicks, Howe, King, Lane of Kan- 
 sas, Lathavi, McDougall, Morrill, Ncsmith, Rice, Sherman, 
 Tm-pie, Wade, Wilson of Massachusetts — 27. 
 
 Nays — Messrs. Davis, Dixon, Henderson, Howard, Lane 
 of Indiana, Pomeroy, Sumner, Trumbull, Wilson of Mis- 
 souri — 9. 
 
 March 2 — The bill passed the House without 
 division. 
 
 Enabling Act for Nebraska. 
 
 18t34, March 17 — The House considered the 
 bill lo enable the people of Nebraska to form a 
 constitution and State government, when Mr. 
 Cox moved to add a provisn : 
 
 That the said Territory shall nut be admitted as a State 
 until Congress shall be satisfied, by a census taken under 
 authority of law. that its population shall l.e equal to that 
 required as a ratio for one member of Congress under the 
 apportionment. 
 
 Which was disagreed to — ^yeas 43, nays 72. 
 The Yeas were : 
 
 Messrs. James C. Allen, Ancona, Augustus C. Baldwin, 
 James S. Brown. Chanler. Cox. Dawson, Denison. Eldridr/r, 
 Hall. Harding. Harri,gton, Herrick, Ilolman. Kalhjhi/cli, 
 Kernan,Law, Long, ilallory. ilarcy, McAllister. ilcUowdl, 
 Middleton, James R. Morris, Noble, Odell. Jahn O'IS'eill, 
 Pendleton. Perry, Pruyn, Rogers, James S. Rollins. Ross, 
 John B. Steele, William G. Steele, Stiles. Sirouse. Sweat, 
 Voorhees, Wadsworth, Wehsier, Wheeler, Veavian — 43. 
 
 April 14 — The Senate passed the bill without 
 a division. 
 
 State of West Virginia. 
 
 Second Session, Thirty -Seventh Congress. 
 
 IN SENATE. 
 
 1862, July 14— The bill providing for the 
 admission of the State of West Virginia into 
 the Union, passed — yeas 23, nays 17, as fol- 
 lows: 
 
 Yeas — Messrs. Anthony, Clark, Collamer, Fessenden, 
 Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, Lane ot 
 Indiana, Lane of Kansas, Morrill, Pomeroy, Rice, Sherman, 
 Simmons, Ten Eyck, Wade, Wilkinson, Willey, Wilson of 
 Massachusetts — 23. 
 
 Nays — Messrs. Bayard, Browning, Carlile, Chandler, 
 Cowan, Davis, Howard, Kennedy, King, McDougall, Pow- 
 ell, Saulsbury, Stark, Sumner, Trumbull, Wilson of Missouri, 
 Wright— n. 
 
 During the pendency of this bill, July 14, 1862, 
 
 Mr. Sumner moved to strike from the first 
 
 section of the second article the words : " the 
 
 children of all slaves born within the limits of 
 
 said State shall be free," and insert: 
 
 Within the limits of the said State there shall be neither 
 slavery nor involuntary servitude, otherwise than in pun- 
 ishment of crimes whereof the party shall be duly con- 
 victed. 
 
 Which was rejected — yeas 11, nays 24, as fol- 
 lows: 
 
 Yeas— Messrs. Chandler, Clark, Grimes, King, Lane of 
 Kansas, Pomeroy, Sumner, Trumbull, Wilkinson, Wilmot, 
 Wilson of Massachusetts — 11. 
 
 Nays — Messrs. Anthony, Bayard, Browning, Carlile, Col- 
 lamer, Doolittle, Foot, Foster, Harris, Henderson, Howe, 
 Kennedy, Lane of Indiana, Powell, Rice, S.udsbur>/, Sher- 
 man, Simmons, Stark, Ten Eyck, Wade, Willey, Wilson of 
 iMissouri, Wright — 24. 
 
 Mr. Willey proposed to strike out all after 
 the word "That" in the first section, and in- 
 sert: 
 
 That the State of West Virginia be, and is hereby, de- 
 clared to be one of the United States of America, and ad- 
 mitted into the Union on an equal footing with the original 
 States in all respects whatever, and until the next general 
 census shall be entitled to three members in the House of 
 Representatives of the United States: Provided always. 
 That this act shall not take effect until after the proclama- 
 tion of the President of the United States hereinafter pro- 
 vided for. 
 
 Sec. 2. It being represented to Congress that since the 
 convention of the 26th of November, 1861, that framed and 
 proposed the constitution for the said State of West Vir- 
 ginia, the people thereof have expressed a wish to change 
 the seventh section of the eleventh article of Siiid constitu- 
 tion by striking out the same, and inserting the following in 
 its place, namely, " The children of slaves born within the 
 limits of this State after the 4th day of July, 1863, shall be 
 free and no slave shall be permitted to come into the State 
 for permanent residence therein : " Therefore, 
 
 Be it further enacted. That whenever the people of West 
 Virginia shall, through their said convention, and by a vote 
 to be taken at an election to be held within the limits of 
 the State at such time as the convention may provide, make 
 and ratify the change aforesaid and properly certify the 
 same under the hand of the president of the convention, it 
 shall be lawful for the President of the United States to 
 issue his proclamation stating the fact, and thereupon this 
 act shall take effect and be in force from and after sixty 
 days from the date of said proclamation. 
 
 Mr. Lane, of Kansas, moved to amend the 
 
878 
 
 MISCELLANEOUS. 
 
 amendment by inserting after the word "there- 
 in" and before the word "Therefore" the 
 words — 
 
 And that all slaves within the said State who shall at the 
 time aforesaid be under tlio ago of ten years shall be free 
 when they arrive at the ago of twentj'-ono years; and all 
 slaves over ten and under twentyone years shall be free 
 when they arrive at the ago of twenty-five years. 
 
 Which was agreed to — yeas 25, naj's 12, as 
 follows : 
 
 Yeas— Messrs. Anthony, Clark, Collamer, Doolittle, Foot^ 
 Foster, Grimes, llarlan, ilarris, Howard, Howe, King, Lane 
 of Indiana, Lane of Kansas, Morrill, Ponieroy, Slierman, 
 Simmons, Sumner, Ten Eyck, Trumbull, 'Wade, Wilkinson, 
 Wilmot, Wilson of Massachusetts — 25. 
 
 Nays — Messrs. Browning, Carlile, Davis, Ilenderson, Ken- 
 nedy, McDmigaU, Powell, Saulshury, Stark, Willey, Wilson 
 of Missouri, 'WrioUt^VZ. 
 
 The aineudment as amended was then agreed 
 to. 
 
 A motion to postpone the bill to the first 
 Monday of the next December was lost — yeas 
 17, nays 23. 
 
 IN HOUSE. 
 
 July 16 — The bill was postponed until the 
 second Tuesday of the next December — yeas 63, 
 nays 33. 
 
 Third Session, Thirty-Seventh Congress. 
 
 1862, Dec. 10— The House passed the bill*— 
 yeas 96, nays 57, as follows: 
 
 Yeas— Messrs. Aldrich, Arnold, Babbitt, Baker, Baxter, 
 Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, Blake, 
 William G. Brown, Buffintou, Burnham, Campbell, Casey, 
 Chamberlain, Clark, Clements, Colfax, Frederick A. Conk- 
 ling, Covode, Cutler, Davis, Duell, Dunn, Edgerton, Ed- 
 wards, Eliot, Ely, Fenton, Samuel C. Fessenden, Thomas A. 
 D. Fessenden, Franchot, Frank, Goodwin, Gurley, Haight, 
 Hale, Harrison, Hickman, Hooper, Horton, Uutchins, Ju- 
 lian, Kelley, Francis W. Kellogg, William Kellogg, Killin- 
 ger, Lansing, Lehman, Loomis, Lovejoy, Low, McKnight, 
 McPherson, Maynard, Mitchell, Moorhead, Anson P. Mor- 
 rill, Justin S. Morrill, Nixon, Koell, Olin, Patton, Timothy 
 G. Phelps, Pike, Pomeroy, Porter, Potter, John U. Rice, 
 Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, 
 Sheffield, Shellabarger, Sherman, Sloan, Spauldiug, Stevens, 
 Stratton, Trimble, Trowbridge, Van Horn, Van Valken- 
 burgh, Van Wyck, Verree, Walker, Wall, Washburne, Wha- 
 ley, Albert S. White, Wilson, Wiudom, Worcester— 96. 
 
 Nats— Messrs. William J. Allen, Alley, Ancf/na, Ashley, 
 Baily,Biddle, Cobb, RoscoeConkling. Conway, Co:E,CVat'ens, 
 Crisfidd, Crittenden, Delano, Delaplaine, Diven, Dunlap, Eng- 
 lish, Gooch, Granger, Gride.r, Hall, Harding, Holman, John- 
 son, Kerrigan, Knapp, Law, Mallory, Menzies, Morris, Noble, 
 Norton, Oddl, Pendleton, Price, Alexander H. Rice, Rich- 
 ardson, Robinson, James S. Rollins, Segar, Shiel, Smith, 
 John B. Steele, William G. Steele, Stiles, Benjamin F. Thomas, 
 Francis Thomas, Train, Vallandiglmm, VoorJiees, Wadsworth, 
 Wurd, ChiUon A. White, Wickliffe, Wright, J'eaman— 57. 
 
 1863, Api'il 20 — The President issued a proc- 
 lamation announcing the compliance, by West 
 Virginia, of the conditions of admission. 
 
 Colored Men as Citizens. 
 
 OPINION OF ATTORNEY GENERAL BATES. 
 
 Attoeney General's Office, 
 iVbDem6er29, JS62. 
 Hon. S. P. Chase, Secretary of the Treasury: 
 
 Sir : Some time ago I had the honor to receive your let- 
 ter submitting, for my opinion, the question whether or not 
 oilored men ca.\i be citizens of the United States. The ur- 
 g.-ncy of other unavoidable engagements, aud the great im- 
 
 * It includes these counties: Hancock, Brooke, Ohio, 
 Marshall, Wetzol, JI irion, Jlonongalia, Preston, Taylor, Ty- 
 ler, Pleasants, Ritcliie, Doddridge, Harrison, Wood, Jack- 
 enu, Wirt, Ronne, Calhoun, Gilmer, Barbour, Tucker, Lewis, 
 Braxton, Upshur, R:indolph, Mason, Putnam, Kanawha, 
 (lav, Nicholas, Cabell, Wayne, Boone, Logan, Wvomiug, 
 Mercer, McDowell, Webster, Pocahontas, Fayette, Raleigh, 
 Creeubrier, 3Ionroe, Pendleton, Hardy, Hampshire, and 
 Morgan. 
 
 portance of the question itself, have caused me to delay the 
 answer until now. 
 
 Your letter states that " the schooner Elizabeth and Mar- 
 garet, of New Brunswick, is detained by the revenue cutter 
 Tiger, at Suuth Amboy, New Jersey, because commanded 
 by a 'colored man,' and so by a person not a citizen of the 
 United States. As colored masters are numerous in our 
 coasting trade, I submit, for your opinion, the question sug- 
 ge.-^ted by Captain Martin, of the Tiger : Are colored vun 
 citizens of the United States, and therefore competent to 
 command American vessels ?" 
 
 The question would have been more dearly stated if, in- 
 stead of saying are colored men citizens, it had been said, 
 can colored men be citizens of the United States ; for within 
 our borders aud upon our ships, both of war and commerce, 
 there may be colored men, and white men, also, who are 
 not citizens of the United States. In treating the subject, 
 I shall endeavor to answer your questim as if it imported 
 only this: Is a man legally incapacitated to be a citizen of 
 the'Uuited States by the sole fact that he is a colored, and 
 not a white man? 
 
 Who is a citizen ? What constitutes a citizen of the Uni- 
 ted States? I have been often pained by the fruitless search 
 in our law books and the records of our courts, for a clear 
 and satisfactory definition of the phrase citizen of the Uni- 
 ted States. I find no such definition, no authoritative es- 
 tablishment of the meaning of tho phrase, neither by a 
 course of judicial decisions in our courts, nor by the con- 
 tinued and consentaneous action of the different branches 
 of our political government. For aught I see to the con- 
 trary, the subject is now as little understood in its details 
 and elements, and the question as open to argument and to 
 speculative criticism, as it was at the beginning of the gov- 
 ernment. Eighty years of practical enjoyment of citizen- 
 ship, under the Constitution, have not sufficed to teach us 
 either the exact meaning of tho word, or the constituent 
 elements of the thing we prize so highly. 
 
 In most instances, within my knowledge, in which the 
 matter of citizenship has been discussed, tho argument has 
 not turned upon the existence and the intrinsic qualities of 
 citizensliip itself, but upon the claim of some right or priv- 
 ilege as belonging to and inhering in the character of citi- 
 zen. In this way we are easily led into errors both of fact 
 and principle. We see indiriduals, who are known to be 
 citizens, in the actual enjojinent of certain rights and 
 privileges, and in the actual exercise of certain powers, so- 
 cial and political, and we, inconsiderately, and without any 
 regard to legal and logical consequences, attribute to those 
 individuals, and to all of their class, tho enjoyment of those 
 rights and privileges and tho exercise of those powers as 
 incidents to their citizenship, and belonging to them only 
 in their quality of citizens. 
 
 In such cases it often happens that the rights enjoyed 
 and the powers exercised have no relation whatever to the 
 quality of citizen, and might be as perfectly enjoyed and 
 exercised by known aliens. For instance. General Bernard, 
 a distinguished soldier and devoted citizen of France, for a 
 long time filled the ofiice of general of engineers in the 
 service of the United States, all the time avowing his French 
 allegiance, and, in fact, closing his relations with the United 
 States by resigning liis commission and returning to the 
 service of his own native country. This, and all such in- 
 stances, (and they are many,) go to prove that in this coun- 
 try the legal capacity to hold office is not confined to citi- 
 zens, and therefore that the fiict of holding any office for 
 which citizenship is not specially prescribed by law as a 
 qualification, is no proof that the incumbent is an Ameri- 
 can citizen. 
 
 Again, with regard to the right of suffrage, that is, the 
 right to choose officers of government, there is a very com- 
 mon error to the effect that the right to vote for public 
 officers is one of the constituent elements of American 
 citizenship, the leading faculty indeed of the citizen, the 
 test at once of his legal right, and the sufficient proof of 
 his membership of the body politic. No error can be greater 
 than this, and few more injurious to the right understand- 
 ing of our constitutions and the actual worldng of our po- 
 litical governments. It is not only not true in law or in 
 fact, in principle or in practice, but the reverse is conspicu- 
 ously true; for I make bold to affirm that, viewing the na- 
 tion as a whole, or viewing the States separately, there is 
 no district in the nation in which a majority of the known 
 and recognized citizens are not excluded by law from the 
 right of suffrage. Besides those who are excluded specially 
 on account of some personal defect, such as paupers, idiots, 
 lunatics, and men convicted of infamous crimes, and. in 
 some States, soldiers, all females and all minor males are 
 also excluded. And these, in every community, make the 
 majority; and yet, I think, no one will venture to deny 
 that women and children, and lunatics, and even convict 
 felons, may be citizens of the United States. 
 
 Our code (unlilce the codes of France, and perhaps some 
 other nations) makes no provision for loss or legal depriva- 
 tion of citizenship. Once a citizen (whether natus or daXits, 
 
MISCELLANEOUS. 
 
 379 
 
 S9 Pir Eilward Coke expresses it,) always a citizen, unless 
 clMUge.l by the volition and actof the individual, Neitlier 
 iulUu'-j mil- madness nur ciinie can take away from the 
 suhject the quality of citizen. And our laws do, in express 
 terms, declare women and children to be citizens. See, for 
 ine instance, the act of Congress of February 10, 1855, 10 
 St It., 604. 
 
 The Constitution of the United States does not declare 
 who are and who are not citizens, nor does it attempt to 
 describe the constituent elements of citizenship. It leaves 
 that quality where it found it, resting upon the fact of 
 home-birth, and upon the lawsof the several states. Even 
 in the important matter of electing members of Congress, 
 it does no more than provide that " the House of Kepre- 
 sentatives shall be composed of members chosen every sec- 
 ond year by titc people of the several States; and the electors 
 in the several States shall have the qualifications requisite 
 for the electors of the most numerous branch of the State 
 legislature." Here the word citizen is not mentioned, and 
 it is a legal flict, known of course to all lawyers and pub- 
 licists, that the constitutions of several of the States, in 
 specifying the qualifjcations of electors, do altogether omit 
 enil exclude the wold citizen and citizenship. I will refer, 
 in proof, to hut three instances: 
 
 1. The constitution of Massachusetts, adopted in 1779-'80, 
 in article 4 of section 3, chapter 1, provides as follows: 
 " Every male person (being twenty-one years of age, and 
 resident of a particular town in this Commonwealth for the 
 space of one year next preceding) having a freehold estate 
 within the same town of the annual income of three 
 pounds, or any estate of the value of sixty pounds, shall 
 have the right to vote in the choice of representative or 
 representatives for said town.' 
 
 2. The constitution of North Carolina, adopted in 1776, 
 after a bill Of rights, and after reciting that " whereas alle- 
 giance and protection are, in their natm-e, reciprocal, and 
 the one should of right be refused when the other is with- 
 drawn," declares, in section eight, " that all freemen at the 
 age of twenty-one years, who have been inhabitants of any 
 one county within the State twelve months immediately 
 preceding the day of any election, and shall have paid pub- 
 lic taxes, shall be entitled to vote for members of the Honse 
 of Commons for the county in which he resides." 
 
 3. The constitution of Illinois, adopted in 1818, in article 
 two, section twenty-seven, declares that " in all elections all 
 white male inhabitants above the age of twenty-one years, 
 having resided in the State six months next preceding the 
 election, shall enjoy the right of an elector; but no person 
 shall be entitled to vote except in the county or district in 
 which ho ^ll;lll :: t:i ;li , irsldo at the time of the election." 
 
 These thi . :i i;-; belong to States widely separ- 
 
 ated in ^ I ] hion, varying greatly from each 
 
 other in liM ,i , ni mn i <, and pursuits, having different 
 climates, soils, iiroiluction?, and domestic institutions; and 
 yet not one of the three has made citizenship a necessary 
 qualification for a voter ; all three of them exclude all fe- 
 males, but only one of them (Illinois) has excluded the 
 black man from the right of suflrage. And it is liistorically 
 true that the practice has conformed to the theory of those 
 constitutions, respectively ; for, without regard to citizen- 
 ship, the colored man has not voted in Illinois, and freemen 
 of all colors have voted in North Carolina and Massachu- 
 setts. 
 
 From all this it is manifest that American citizenship 
 does not necessarily depend upon nor coexist with the legal 
 capacity to hold office and the right of suffrage, either or 
 both of them. The Constitution of the United States, as I 
 have said, does not define citizenship; neither docs it de- 
 clare who may vote, nor who may hold office, except in 
 regard to a few of the highest national functionaries. And 
 the several States, aa f;ir as I know, in exercising that 
 power, act independently and without any controlling au- 
 thority over them, and hence it follows that there is no 
 limit to their power in that particular but their own pru- 
 dence and discretion ; and therefore we are not surprised 
 to find that those faculties of voting and holding office are 
 not uniform in the different States, but are made to depend 
 ui)on a variety of fiicts, purely discretionary, such as age, 
 sex, race, color, property, residence in a particular place, 
 and length of residence there. 
 
 On this point, then, I conclude that no person in the 
 United States did ever exercise the right of suffrage in 
 virtue of the naked, unassisted fact of citizenship. In 
 (very inst;ince the right depends upon some additional fact 
 and cumulative lualification, which may as perfectly exist 
 without as with ritinenship. 
 
 I am aware that some of our most learned lawyers and 
 able writers have allowed themselves to speak upon this 
 subject in loose and indeterminate language. They speak 
 of " all the rights, privileges, and immunities guarantied by 
 the Constitution to the citizen " without telling us what 
 tlicy are. They speak of a man's citizenship as defective 
 and imperfect, because he is supposed not to have " all the 
 civil rights," (all the jura civilai'i, as expressed by one of 
 
 my predecessors,) without telling what particular rights 
 tluy are nor what relation they have, if any, with citizen- 
 ship. And they suggest, without afiBrmiug, that there may 
 be different grades of citizenship of higher and lower degree 
 in point of legal virtue and efiicacy; one grade "in the 
 sense of the Constitution," and another inferior grade made 
 by a State and not recognized by the Constitution. 
 
 In my opinion the Constitution uses the word citizen only 
 to express the political quality of the individual in his re- 
 lations to the nation ; to declare that he is a member of the 
 body politic, and bound to it by the reciprocal obligation of 
 allegiance on the one side and protection on the other. 
 And I have no knowledge of any other kind of political 
 citizenship, higher or lower, statal or national ; or of any 
 other sense in which the word has been used in the Consti- 
 tution, or can be used properly in the laws of the United 
 States. The phrase " a citizen of the United States," with- 
 out addition or qualification, means neither more nor less 
 than a member of the nation. And all such are, politically 
 and legally, equal — the child in the cradle and its father in 
 the Senate are equallycitizens of the United States. Audit 
 needs no argument to prove that every citizen of a State is, 
 necessarily, a citizen of the United States ; and to me it is 
 equally clear that every citizen of the United States is a 
 citizen of the particular State in which he is domiciled. 
 
 And as to voting and holding office, as that privilege is 
 not essential to citizenship, so the deprivation of it by law 
 is not a deprivation of citizenship. No more so in the case 
 of a negro than in case of a white woman or child. 
 
 In common speech the word citizen, with more or less of 
 truth and pertinency, has a variety of meanings. Some- 
 times it is used in contrast with soldier; sometimes with 
 farmer ov countryman; sometimes with alien or foreigner. 
 Spealdng of a particular man we ask, is he a citizen or a sol- 
 dier ? meaning, is he engaged in civil or military pursuits? 
 Is he a citizen or a countryman ? meaning, does he live in 
 the city or in the country t Is he a citizen or an alien ? 
 meaning, is he a member of our body-politic or of some 
 other nation. The first two predicates relate only to the 
 pursuits and to the place of abode of the person. The last 
 is always and wholly political, and concerns only the politr 
 ical and governmental relations of the indi\-idual. And it 
 is only in this last sense, the political, that the word is ever 
 used in the Constitution and statutes of the United States. 
 
 We have natural-born citizens, (Constitution, article 2, 
 sec. 5,) not made by law or otherwise, but bom. And tliis 
 class is the large majority ; in fact, the mass of our citizens ; 
 for all others are exceptions specially provided for by law. 
 Aa they became citizens in the natural way, by birth, so 
 they remain citizens during their natural lives, unless, by 
 their own voluntary act, they expatriate themselves and 
 become citizens or subjects of another nation. For we have 
 no law (as the French have) to dedtizenize a citizen, who 
 has become such either by the natural process of birth, or 
 by the legal process of adoption. And in this connection 
 the Constitution says not one word, and furnishes not one 
 hint, in relation to the color or to the ancestral race of the 
 " natiu-al-born citizen." Whatever may have been said, in 
 the opinion of judges and lawyers, and in State statutes, 
 about negroes, mulattoes, and persons of color, the Consti- 
 tution is wholly silent upon that subject. The Constitution 
 itself does not Tnalce the citizens, (it is, in fact, made by 
 them.) It only intends and recognizes such of them aa are 
 natural — home-born — and provides for the natural izationot 
 such of them as wore alien— foreign-born— making the 
 latter, as far as nature will allow, like the former. 
 
 And I am not aware of any provision in our laws to war- 
 rant us in presuming the existence in this country of a 
 class of persons intermediate between citizens and aliens. 
 In England there is such a class, clearly defined by law, 
 and called denizens. "A denizen (says Sir William IJlack- 
 stone) is an alien bom, but who has obtained, ex donatione 
 rc^ris, letters patent to make him an English subject; a 
 high and incommunicable branch of the royal prerogative. 
 A denizen is in a kind of middle state between an alien and 
 a natural-born subject, and partakes of both of them." (I 
 Sliarsivood's Bl. Com., 374.) In this country I know of but 
 one legal authority tending to show the existence of such 
 a class among us. One of my learned predecessors, Mr. 
 Legar6, (4 Opin., 147,) supposes that there may be such a 
 class, and that free colored persons may be ranked in it. 
 Yet, in that same opinion, he declares that a " free man of 
 color, a native of this country, may be admitted to the priv- 
 ileges of a pre-emptioner under the 10th section of the act 
 of the 4th September, 1841." And that act declares that a 
 pre-emptioner must be either a citizen of the United Stjites 
 or a person who had declared his intention to become a cit^ 
 izen, as required by the naturalization laws. Of course, the 
 " colored man" must have been a cilizrn or he could not 
 have entered the land under that act of Congress. If not a 
 citizen then, by virtue of his native birth, he never could 
 become one by force of law. For our laws extend the priv- 
 ileges of naturalization to such persons only as are •'alien.t, 
 being free white persons," and he was neither ; not alien, 
 
380 
 
 MISCELLANEOUS. 
 
 because natural-bom in the country, and not a free wJiite 
 person, because, though free, confessedly " a man of color." 
 
 It occurs to me that the discussion of this great subject 
 of national citizenship has been much embarrassed and ob- 
 scured by the fact that it is beset with artificial difficulties, 
 extrinsic to its natiu-e, and having littlo or no relation to 
 its great political and national characteristics. And these 
 difficulties, it seems to me, flow mainly from two sources : 
 First, the existence among us of a largo class of people 
 whose physical qualities visibly distinguish them from the 
 mass of our people, and mark a different race, and who, for 
 the most part, are held in bondage. This visible difference 
 and servile connection present difficulties hard to bo con- 
 quered; for they unavoidably lead to a more complicated 
 system of government, both legislative and administrative, 
 than would be required if all our people were of one race, 
 and undistinguishablo by outward signs. And this, with- 
 out comiting the effect upon the opinions, passions, and 
 prejudices of men. Second, the common habit of many of 
 our best and most learned men (the wise aptitude of which 
 I have not been able to perceive) of testing the political 
 status and government;il relation of our people by standards 
 drawn from the laws and history of ancient Greece and 
 Kome, without, as I think, taking suiBcient account of the 
 organic differences between their governments and ours. 
 
 A very learned writer upon tho Politics of Greece (Hee- 
 ren, Bancroft's translalion, p. 105) informs us "that the 
 essential character of the new political form apsumed by 
 Greece consisted in the circumstance that the free States 
 which were formed were nothing but cities with their dis- 
 tricts ; and their constitutions were, consequently, only 
 forms of city governments. This point of view (the learned 
 author warns us) must never be lost sight of." 
 
 And the wise observation of the author applies to Italy as 
 well ; for the earliest free cities of Italy were but Grecian 
 colonies, which (bringing along with them the higher civ- 
 ilization of their parent country, and its better notions of 
 civil polity) by degrees diffused the light of knowledge, 
 and consequently the love of liberty among the then bar- 
 barous people of the Italian peninsula. The Italians, profit- 
 ing by the good example, founded cities of their own upon 
 the Grecian models, and each new Italian city became an 
 independent State. How long this condition of thing con- 
 tinued I know not; but it continued until Rome outgrew 
 all the ueighboriugcommunities, and subdued them all (the 
 Grecian colonies mcluded) under its power. Still the citi/ 
 ruled, and irom time to time granted to such as it would (and 
 withheld from such as it would) tho title of Moman, and 
 the rights of Koman citizens. 
 
 In the process of time, when the dominant power of Rome 
 had expanded over Greece and western Asia, the same civil 
 polity was still continued. As it had been in Italy, so it 
 was in Greece and Asia. In the countries and kingdoms 
 subdued by the Roman arms and transformed intD Roman 
 provinces, the same system of government still prevailed. 
 
 Rome, by her pro-consuls and other governors, ruled the 
 conquered nations with absolute sway. And the ruling 
 power at Rome, whether republican or imperial, granted, 
 from time to time, to communities and to individuals in 
 the conquered east the title of .Soman and the rights of Ro- 
 man citizens. 
 
 A striking example of this Roman naturalization, of its 
 controlling auihonly as a political law, and of its benefi 
 cent power to protect a persecuted citizen, may be found 
 in the case of St. Paul, as it is graphically reported in tho 
 Acts of the Apostles. Paul, being at Jerusalem, was in 
 great peril of his life from his own countrymen, the Jews, 
 who accused him of crimes against their own law and liiith, 
 and were about to put him to death by mob violence, when 
 he was rescued by the commander of the Roman troops 
 and taken into a fort for security. He flrst explained, both 
 to the Roman officer and to his own countrymen, who were 
 clamoring against him, his local status and municipal rela- 
 tions, that he was a Jew of Tarsus, a natural-born citizen of 
 no mean city, and that he had been brought up in Jerusa- 
 lem in the strictest manner according to the law and faith 
 of the fathers. But this did not appease the angry crowd, 
 who were proceeding with great violence to kill him. And 
 then " the chief captain commanded that he be brought 
 into the castle, and bade that he should be examined by 
 scourging," (that is, tortured to enforce confession.) " And 
 as they bound him with thongs, Paul said unto tho centu- 
 rion that stood by. Is it lawful for you to scourge a man 
 that is a Roman and uncondemned ? When the centurion 
 heard <fta< he went out and told tho chief captain, saying, 
 Take heed what thou docst, for this man is a Roman. Then 
 tho chfef captain came and said. Tell me, art thou a. Ro- 
 man f Ho said yea, and the chief captain said, With a 
 great sum obtained I this freedom. And Paul said, Br.t I 
 was free bom. Then straightway they departed from him 
 which should have examined him. And tho chief captain 
 also was afraid, after ho knew ho was a Roman, and be- 
 cause he iiad bound him." 
 
 Thus Paul, under circumstances of great danger and ob- 
 
 loquy, asserted his immunity, as " a Roman uncondemned," 
 from ignominious constraint and cruel punishment, a con- 
 straint ana punishment agaiust which, as a mere provincial 
 subject of Rome, he had no legal protection. And thus the 
 Roman officers instantly, and with fear, obeyed tho law of 
 their country and res.jccted the sacred franchise of the 
 Roman citizen. 
 
 Paul, as wo know by this record, was a natural-born 
 citizen of Tarsus, and as such, no doubt, had tho municipal 
 freedom of that city ; but that vrould not have protected 
 him against the thongs and the lash. How he became a 
 Roman wo learn from othT historical sources. Caesar 
 granted to the people of T.irsus (for some good service 
 done, probably for taking his side in the war which resulted 
 in the establishment of the empire) the title of iZoma/i, and 
 the freedom of Roman citizens. And, considering the chro- 
 nology of events, this gr;;nt must have boon older than 
 Paul ; and therefore ho truly said I was free hoi-n—a, free 
 citizen of Rome, and as such exempt by law from degra- 
 ding punishment. 
 
 And this immunity did not fill the measure of his rights 
 as a citizen. As a Roman, it was his right to be tried by 
 the supreme authority, at the capital of tho empire. And 
 when he claimed that right, and appealed from tho jurisdic- 
 tion of tho provincial governor to the Emperor at Rome, 
 his appeal was instantly allowed, and he was remitted to 
 " Caesar's judgment." 
 
 I have dwelt the longer upon this case of Paul, because it 
 is a leading case in Roman jurispnidence in the matter of 
 the "jMS Romanum." And in so far as there is any analogy 
 between Roman and American citizenship, it is strictly ap- 
 plicable to us. Its authenticity is unquestionable, and by 
 its lucid statement of facts in minute detail leaves no room 
 to doubt tho legal merits of the case. It establishes tho 
 great protective rights of the citizen, but, like our own 
 national constitution, it is silent about his powers. It pro- 
 tected Paul against oppression and outrage, but said noth- 
 ing about his right of suffrage or his eUgibility to office. 
 
 As fiXT as I know, Mr. Secretary, you and I have no better 
 title to the citizenship which we enjoy than the " accident 
 of birth " — the fact that we happened to be born in the 
 United States. And our Constitution, in speaking of natu- 
 ral-born citizens, uses no affirmative language to make them 
 such, but only recognizes and reaffirms the universal prin- 
 ciple, common to all nations, and as old as political society, 
 that the people born in a country do constitute tho nation, 
 and, as individuals, are natural members of tho body pol- 
 itic. 
 
 If this be a true principle, and I do not doubt it, it fol- 
 lows that every person born in the country is, at the mo- 
 ment of birth, prima facie a citizen ; and he who would 
 deny it must take upon himself the bm-den of proving 
 some great disfranchisement strong enough to override the 
 "natural-born" right as recognized by the Constitution in 
 terms the most simple and comprehensive, and without any 
 reference to race or color, or any other accidental circum- 
 stance. O 
 
 That nativity furnishes the rule, both of duty and of 
 right as between the individual and the government, is a 
 historical and political truth bo old and so universally ac- 
 cepted that it is needless to prove it by authority. Never- 
 theless, for the satisfaction of those who may have doubts 
 upon the subject, I note a few books, which, I think, cannot 
 fail to remove till such doubts — Kent's Com., vol. 2, part 4, 
 sec. 25 ; El. Com., book 1, ch. 10, p. 3C5; 7 Co. Rep., Calvin's 
 case; 4 Term Rep., p. 300, Doe vs. Jones; 3 Pet. Rep., p. 246, 
 Shanks vs. Dupont; and see a very learned treatise, at- 
 tributed to Mr. Binney, in 2 Am. Law Reporter, 193. 
 
 In every civilized country the individual is born to duties 
 and rights — the duty of allegiance and the right to protec- 
 tion ; and these arc correlative obligations, the one the price 
 of the other, and they constitute the all-sufficient bond of 
 union between the individual and his country ; and tho coun- 
 try he is born in is, prima facie, his country. In most coun- 
 tries the old law was broadly laid down that this natural con- 
 nection between the individual and his native country was 
 perpetual ; at least, that the tie was indissoluble by the .act 
 of the subject alone. — (See Bl. Com. supra; 3 Pet. Rep. 
 sui^ra.) 
 
 But that law of the perpetuity of allegiance is now 
 changed, both in Europe and America. In some countries 
 by silent acquiescence, in others by affirmative legislation. 
 In England, while asserting tho perpetuity of natural alle- 
 giance, tho King, for centuries past, has exercised the power 
 to grant letters of denization to foreigners, making them 
 English subjects, and the Parliament has exercised at pleas- 
 ure the power of naturalization. 
 
 In France the whole subject is regulated by written law, 
 which plainly declares who are citizens (citoyens Frangais) 
 and who are only the French, (Francois,) meaning the whole 
 body of the French people. (See Les Codes Frangais, titre 
 premie^:) And the same law distinctly sets forth by what 
 means citizenship and the quality of French may be lost 
 and regained; and maintains fully the right of expatriation 
 
MISCELLANEOUS. 
 
 381 
 
 in the subject, and the power of naturalization in the nation 
 to which he goes. 
 
 In the United States it is too late now to deny the politi- 
 C:il ri ?hts and obligations conferred and imposed by nativity : 
 for o IV lAVis do not pretend to create or enact tliem, but do 
 assujieand recognize them as things known to all men, 
 because pre-esistent and natural; and therefore things of 
 wliich the laws must take cognizance. Acting out this 
 guiding thought, our Constitution does no more than grant 
 to Congress (rather than to any other department) tlie 
 power '• to establish a,uni/onn rule of naturalization." And 
 our laws made in pursuance thereof indue the made citizen 
 with all the rights and obligations of the natural citizen. 
 And so strongly was Congress impressed with the great 
 legal fact that the child takes its political status in the na- 
 tion where it is born, that it was found necessary to pass a 
 law to prevent the alienage of children of our known fel- 
 low-citizens who happen to be born in foreign countries. 
 The act of February 10,1852, 10 Statutes, 604, provides that 
 «■ persons," (not white persons) " persons heretofore born, or 
 hereafter to be born, out of the limits and jurisdiction of the 
 United States, whoso fathers were or shall be, at the time 
 of then: birth, citizens of the United States, shall be deemed 
 and considered, and are hereby declared to be, citizens of 
 the United States: Provided, however, That the riglits of 
 citizenship shall not descend to persons whose fathers 
 never resided in the United States. 
 
 "Sec. 2. And beit further enacted, That any woman who 
 might lawfully be naturalized under the existing laws, 
 mai-ried, or who shall be married to a citizen of the United 
 States, shall be deemed and taken to be a citizen." 
 
 But for that act, children of our citizens who happen to 
 be born at London, Paris, or Rome, while their parents are 
 there on a private -visit of pleasure or business, might be 
 brought to the native home of their parents, only to find 
 that they themselves were aliens in their father's coimtry, 
 incapable of inheriting their fathers land, and with no 
 right to demand the protection of their father's Govern- 
 ment. 
 
 That is the law of birth at the common law of England, 
 clear and unqualified: and now, botli in England and 
 America, modified only by statutes, made from time to time, 
 to meet emergencies as they arise. 
 
 I have said that, prima facie, every person in this coun- 
 try is born a citizen; and that he who denies it in indirid- 
 ual cases assumes the burden of stating the exception to 
 the general rule, and proving the iiict which works the dis- 
 franchisement. There arff but a few exceptions commonly 
 miide and urged as disqualifying facts. I lay no stress upon 
 the small and admitted class of the natural-born composed 
 of the children of foreign ministers and the like; and 
 
 1. Slavery, and whether or no it is legally possible for a 
 b1 ive to be a citizen. On that point I make no question, 
 because it is not within the scope of jour inquiry, and does 
 not concern the person to whom your inquiry relates. 
 
 2. Color. — It is strenuously insisted by some that " per- 
 sons of color," though born in the country, are not capable 
 of being citizens of the Unitea States. As fixr as the Con- 
 stitution is concerned, this is a naked assumption; for the 
 Constitution contains not one word upon the subject. The 
 exclusion, if it exist, must then rest upon some fundamental 
 fact which, in the reason and nature of things, is so incon- 
 sistent with citizenship that the two cannot coexist in the 
 same person. Is mere color such a fitct 1 Let those who 
 assert it prove that it is so. It has never been so under- 
 stood nor put into practice in the nation from which we 
 derive our language, laws, and institutions, and our very 
 morals and modes of thought ; and, as far as I know, there 
 is not a single nation in Christendom which docs not regard 
 the new-found idea with incredulity, if not disgust. AV liat 
 can there be in the mere color of a man (we are speaking 
 now not of race, but of color only) to disqualify him lor 
 bearing true and faithful allegiance to his native country, 
 and for demanding the protection of that country ? And 
 these two, allegiance and protection, constitute the sum of 
 the duties and rights of a " natural-born citizen of the 
 United States." 
 
 o. liace. — There are some who, abandoning the untenable 
 objet-tion of color, still contend that no person descended 
 from negroes of the African race can b; a citizen of the 
 United States. Here the objection is not color but race only. 
 The individual objected to may be of very long descent from 
 African negroes, and may be as whnte as leprosy, or as the 
 intermixture for many generations"with the Caucasian race 
 can make him; still, if he can be traced back to negroes of 
 the African race, he cannot, they say. be a citizen of the 
 United States I And why not? The Constitution certainly 
 does not forbid it, but is silent about the race as it is about 
 color. 
 
 Our nationality was created and our political Government 
 exists by written law, and inasmuch as that law does not 
 exclude persons of that descent, an I as its terms are mani- 
 festly broad enough to include them, it follows inevitably 
 that such persons, born in the country, must be citizens, 
 
 unless the fict of African descent b> so incompatible with 
 the fact of citizenship that the two c:innot exist together. 
 It they can coexist, in nature and rea.son, then they do co- 
 exist in persons of the indicated class, for there is no law to 
 the contrary. I am not able to perceive any antagonism, 
 legal or natural, between the two facts. 
 
 But it is said that African negroes are a degraded race, 
 and that all who are tainted with lb .t degradation are for- 
 ever disqualified for the functions of citizenship. I can 
 hardly comprehend the thought of the absolute incompati- 
 bility of degradation and citizenship. I thought that they 
 often went together. But if it be true with regard to races, 
 it seems to me more cogently triie M-ith regard to indivi- 
 duals. And if I be right in this, there are many sorrowful 
 examples in the legislation and practice of various States in 
 the Union to show how low the citizen may be degraded by 
 the combined wisdom and justice of his fellow-citizens. In 
 the early legislation of a number of States the most humil- 
 iating punishments were denounced against persons guilty 
 of certain crimes and misdemeanors — the lash, the pillory, 
 the cropping of the ears, and the branding of the face with 
 an indelible mark of infamy. And yet a lower depth : in 
 several of the States the common punishment of the crime 
 of vagrancy/ was sale into bondage at public au'tioni And 
 yet I have not read that such unfortunates thereby lost 
 their natural-born citizenship, nor thit their descendants 
 are doomed to perpetual exclusion and degradation. 
 
 I am inclined to think that these objections, as to color 
 and ancestral race, arise entirely from a wrong conception 
 of the nature and qualities of citizenship, and from the 
 loose and unguarded phraseology too often used in the dis- 
 cussion of the subject. I have already given, at some 
 length, my own views of the word and the thing — citizen- 
 ship. And now I will add only a few observations befor* 
 dra\ring your attention to certain authorities upon the sub- 
 ject mostly relied upon by those who support the objections. 
 
 In my opinion it is a great error, and the fruitful parent 
 of errors, to suppose that citizens belong exclusively to re- 
 publican forms of government. English subjects are a» 
 truly citizens as we are, and we are as truly subjects as thej 
 are. Imperial France (following imperial Rome) in tht 
 text of her laws calls her people citizens. — (Les Codes Fran 
 ^■ais, book 1, tit. 1, ch 1, and notes.) And we have a treatj 
 with the present Emperor of the French, stipulating for re- 
 ciprocal rights in favor of the citizens of the two countries 
 respectively. (10 Stat., p. 906, art. 7.) 
 
 It is an error to suppose that citizonship is ever heredi- 
 tary. It never "passes by descent." It is as original in 
 the child as it was in the parents. It is always either bora 
 with him or given to him directly by law. 
 
 In discussing this subject it is a misleading error to fail 
 to mark the natural and characteristic distinction between 
 political rigJits and political powers. The former belong to 
 all citizens alike, and cohere in the very name and nature 
 of citizenship. The latter (participation in the powers of 
 government by voting and exercising office) does not belong 
 to all citizens alike, nor to any citizen, merely in virtue of 
 citizenship. His power always depends upon extraneous 
 fects and superadded qualifications; which facts and qual- 
 ifications are common to botli citizens and aliens. 
 
 In referring to the authorities commonly adduced by 
 those who deny the citizenship of colored people, I do not 
 protend to cite them all, but a few only of such as I believe 
 to be most usually relied upon. And I will not trouble you 
 with a detailed examination of the reasoning employed in 
 each case, for I have already stated my own views of the 
 principles and laws involved in the question : and where 
 they conflict with the arguments upon which the contrary 
 opinion is founded, I still adhere to my own. 
 
 The first of these aulhoiities ol which I will treat is the 
 opinion of my predecessor, Mr. Wirt, upon a case precisely 
 like the present, except that in that case the "free person 
 of color" was a Virginian, and the objections t ) his compe- 
 tency were founded mainly, if not entirely, upon Virginia 
 law. — (See .Opinions of Attorneys General, vol. 1, p. 606, 
 date November 7, 1821.) I have examined this opinion 
 with the greater care, because of the writer's reputation 
 for learning and his known and varied excellencies as a 
 man. 
 
 In that case the precise question was, "whether free 
 persons of color are, in Virginia, citizens of the United 
 States, within the intent and meaning of the acts rogulating 
 foreign and coasting trade, so as to be qiialiflod to command 
 vessels." And thus Mr. Wirt was in a manner !• vited to 
 consider the question rather in a statal than a national point 
 of view ; and hence wo ought not to be surprised to find 
 the whole argument for the exclusion based upon local in- 
 stitutions and statal laws. 
 
 As a general answer to all such arguments, I have this to 
 say : £verv citizen of the United tUatos is a component 
 member of the nation, with rights and duties, under the 
 Constitution and laws of the United .^tat"S, which cannot be 
 destroyed or abriflged by the laws of any particnlir State. 
 The laws of the State, if they conflict with the laws of the 
 
}82 
 
 MISCELLANEOUS. 
 
 nation, are of no force. The Constitution is pi; 
 cavil iipnu ihis point. ArticloC: "Tliis Constitution, and 
 thi' laws ('f the United States which shall be made in pur- 
 suance thereof, and all treaties, &c., shall be the supreme 
 law of the land, and the judges in every StateshnUhehomvi 
 thereby, anything in the constitution or laws ol' any Slate to 
 the coiitiary notwithstanding." And from this I assume 
 that every person who is a citizen of the United States, 
 whether by birth or naturalization, holds his great franchise 
 by the laws of the United Slates, and above the control of 
 any particular State. Citizenship of the United States is 
 an integral thing, incapable of legal existence in fractional 
 parts Whoever, then, has that franchise is a whole citi- 
 len and a citizen of the whole nation, and cannot be (as 
 the argument of my learned predecessor seems to suppose) 
 such citizen in one State and not in another. 
 
 I fully concur in the statement that "the description, 
 citizen of the United States,nscd in the Constitution, has the 
 same meaning that it lias in the several acts of Congress 
 passed \mder the authority of the Constitution." And I 
 freely declare my inability to conceive of any second or 
 subordinate meaning of the phrase as used in all those in- 
 atrumenta. It means in them all the simple expression of 
 the political status of the person in connection with the 
 nation — that he is a member of the body politic. And that 
 is all it means, for it does not specify his rights and duties 
 as a citizen, nor in any way refer to such " rights, privi- 
 leges, and immunities" as he may happen to have, by State 
 laws or otherwise, over and beyond what legally and natu- 
 rally belong to him in his quality of citizen of the United 
 States. State laws may and do, nay must, vest in individ- 
 uals great privileges, powers, and duties which do not be- 
 long to the mass of their fellow-citizens, and in doing so 
 thoy consult discretion and convenience only. One citizen, 
 who happens to be a judge, may, under proper circumstances, 
 sentence another to be hanged, and a third, who happens to 
 be a governor, may grant a pardon to the condemned man, 
 who, as a citizen, is the undoubted peer of both the judge 
 and the governor. 
 
 As to the objection fnot in law, but sentiment only) that 
 if a negro can be a citizen of the United States, he might, 
 possibly, become President, the legal inference is true. There 
 would be such a legal possibility. But those wdio make that 
 objection are not arguing upon the Constitution as it is, but 
 upon what, in their own minds and feelings, they think it 
 ought to 1)6. Moreover, they seem to forget that all limit- 
 ations upon eligibility to office are less restrictions upon the 
 rights of aspirants than upon the powers of electors. Even 
 the legislature of the State, however unanimous, have no 
 power to send to the Senate of the United States theh- wisest 
 and best man unless he be thirty years old. And all the 
 people of the nation, speaking with one united voice, cannot, 
 constitutionally, make any man President who happens to 
 be under thirty-five. This is, obviously, a restriction upon 
 the appointing power— that is, in our popular government, 
 a restriction upon the people themselves. As individuals, 
 we may like it or dislike it, and flatter ourselves into the 
 belief that we could make a wiser and better frame of gov- 
 ernment than our fathers made. Still it is our Constitution, 
 binding upon us and upon every citizen from the moment 
 if birth or naturalization. 
 
 The Constitution, I suppose, says what it means, and does 
 not mean what it does not say. It says nothing about " the 
 high characteristic privileges of a citizen of the State" (of 
 Virginia or any other.) I do not know what they were, but 
 certainly in Virginia, for the first half of the existence of 
 the commonwealth, the right of suffrage was not one of 
 them. For during that period no man ever voted there he- 
 cause he was a free white adult male citizen. lie voted on 
 his freehold, in land ; and no candidate, in soliciting his elec- 
 tion, appealed to the people or the citizens, but to ihefree- 
 hnldcrs only, for they alone could vote. 
 
 T shall not trouble you with any argument touching the 
 list of disabilities declared by the laws of Virginia against 
 free negroes and mulattoes, as stated in the opinion, because 
 they are such only as the Legislature, if so minded, might 
 have denounced as well against a portion of its own ac- 
 knowledged citizens, whose weakness might necessitate sub- 
 mission. 
 
 It is said in the opinion that " the allegiance which the 
 free man of color owes to the State of Virginia is no evi- 
 dence of citizenship, for he owes it not in consequence of an 
 oath of allegiance." This proposition surprises me ; per- 
 haps I do not understand it. I did verily believe that the 
 oath of allegiance was not the cause but the sequence of 
 citizenship, given only as a solemn guarantee for the per- 
 formance of duties already incurred. But if it be true that 
 the oiith of allegiance must either create or precede citizen- 
 ship, then it follows, of necessity, that there can be no nat- 
 ural-horn citizen, as the Constitution affirms, because the 
 child must needs be born before it can take the oath. 
 
 The opinion, supported by the arguments upon which I 
 have commented, is in these words : 
 
 " Upon the whole, I am of the opinion that free persons 
 
 of color in Virginia are not citizens of the United States, 
 within the intent and meaning of the acts regulating for- 
 eign and coasting trade, so as to bo qualified to command 
 vessels." 
 
 As an authority this opinion is rebutted by the opinion of 
 Attorney General Legare, above cited. — (4 Op. A. 0., 147, 
 date March 15, 1843.) Under an act of Congress which 
 limited the pre-emption of public land to citizens of the 
 United States and aliens who had declared intention to be- 
 come citizens, according to the naturalization laws, Mr Le- 
 gare was of opinion that a free colored man was competent 
 to pre-empt the land. 
 
 In that same opinion Mr. Legare makes a just distinction 
 between political and civil rights, which, I believe, is com- 
 mon to most nations. The French code expresses it very 
 plainly, thus ; "L'exercice des droits civils est ind pendant 
 de la qualite de citoyen, laquelle ne s'aequiert et ne se qod- 
 serve que conformement il, la loi constituiionelle." 
 
 The next authority I shall consider is a decision of the 
 Department of State made in Mr. Marcy's time, November 
 4, 1S5G, and evidenced by a letter of that date from Mr. 
 Thiimas, Assistant Secretary, to Mr. Rico, of New York.* 
 That decision is entitled to great consideration, because 
 upon such political questions the Secretary of State is of 
 high authority. The case was an application for passports 
 to travel in foreign parts, in favor of certain free blacks of 
 some of the northern States, and the time was a few months 
 after the passage of the act of August 18, 1S56, (the first act 
 directing the issuing of passports to individuals and re- 
 stricting the issue to citizens of the United States, though 
 the practice is much older.) 
 
 The letter, after stating the case, declares emphatically 
 that " if this be so (i. e., if they be negroes) there can be no 
 doubt that they are not citizens of the United States." If 
 this stood alone there could be no doubt of the opinion of 
 the department at that time. But it does not stand alone. 
 The letter, after citing several authorities, and among them 
 one from Tennessee, to which I will have occasion to reft r 
 by name, concludes with this qualifying paragraph, which 
 leaves some doubt as to what was the real practical opinion 
 of Mr. Secretary Marcy at that time. The letter, assuming 
 that a passport is a certificate of citizenship, proceeds to 
 say : 
 
 " Such being the construction of the Constitution in re- 
 gard to free persons of color, it is conceived that they can- 
 not be regarded, when beyond the jurisdictinn of this gov- 
 ernment, as entitled to the full rights of citizens, but the 
 Secretary directs me to say that though the department 
 could not certify that such persons are citizens of the Uni- 
 ted States, yet, if satisfied of the truth of the facts, it would 
 
 * This is the letter alluded to : 
 
 Department of State, 
 Washington, November 4, 1856. 
 
 Sir : Your letters of the 29th ultimo and 3d instant, re- 
 questing passports for eleven colored persons, have been re- 
 ceived, and I am directed by the Secretary to inform you 
 that the papers transmitted by you do not warrant the de- 
 partment in complying with your request. The question 
 whether free negroes are citizens is not now presented for 
 the first time, but has repeatedly arisen in the administra- 
 tion of both the national and State governments. In 1821 
 a controversy arose as to whether free persons of color were 
 citizens of the United States, within the intent and meaning 
 of the acts of ( 'orii^ress veeinluting foreign and coasting trade, 
 so as to be i(ii:ililieil to rommand vessels, and Wirt, Attorney 
 General, dri i-lil that they were not, and he moreover held 
 that the words •■citizcus'of the United States" were used in 
 the acts of Congress in the same sense as in the Constitu- 
 tion. This view is also fully sustained in a recent opinion 
 of the pr-sent Attorney General. 
 
 The judicial decisions of the country are to the same 
 effect. 
 
 In Kent's Comment.aries, volume 2, page 277, it is stated 
 that in 1833, Chief Justice Daggett of Connecticut, held that 
 free blacks are not "citizens," within the meaning of the 
 term, as used in the Constitution of the United States ; and 
 the Supreme Court of Tennessee, in the case of the State 
 against Clairbone, held the same doctrine. 
 
 Such being the construction of the Constitution in regard 
 to free persons of color, it is conceived that they cannot be 
 regarded, when beyond the jurisdiction of this Government, 
 as entitled to the full rights of citizens; but the Secretary 
 directs me to say that, though the department could not 
 certify that such persons are citizens of the United States, 
 yet, if satisfied of the truth of the facts, it would give a 
 certificate that they were born in the United States, are 
 free, and that the Government thereof would regard it to be 
 its duty to protect them if -vvronged by a foreign govern- 
 ment while within its jurisdiction for a legal and proper 
 purpose. 
 
 I am, sir, respectfully, your obedient servant, 
 
 J. A. THOMAS, Assistant Secretary. 
 H. H. Bice, Esq., New York City. 
 
MISCELLANEOUS. 
 
 383 
 
 give a certificate that they were bom in the Vnited States. 
 are frep. ninl tbat the government thereof wiruid regard il to 
 he its duly to protect theui, if wronged by a foreign govern- 
 int'ut, while witliiu its jurisdiction for a leg«l and jjroper 
 purpose." 
 
 It seems to me that the certificate proposed to he given 
 would he, in substance and fact, a good passport, for the 
 act of Congress prescribes no form for the passport, and re- 
 quires no particular fact to appear upon its face. And I 
 coafidently believe that tliere is not a government in Kuropo 
 which, ill View of our laws of citizenship, would question 
 the validity of a passport which declares upon its foce that 
 the hearer is a free naivral-born inhabitant of the United 
 States. 
 
 I turn now to the consideration of the Tennessee case, 
 referred to and relied i^pon in the letter from the State De- 
 partment — tlio State of Tennessee vs. Ambrose. (1 Meigs' R., 
 331,Jkadjudged in 1838. Ambrose, being a free negi-o emanci- 
 pated in Kentucky, moved to and settled in Tennessee. He 
 was indicted for that crime against the Tennessee statute, 
 made to prevent the ingress of that sort of people, lie 
 demurred to the indictment upon the ground that he was a 
 citizen of Kentucky, and as such had a right under the Con- 
 stitution of the United States (art. 4, sec. 2,) to go to and 
 abide in Tennessee in spite of the State statute. The court 
 In which the indictment w-as found sustained the demurrer. 
 The public prosecutor took the case up to the supremo 
 court, where the judgment below was reversed, and it was 
 held by the court that Ambrose, under the circumstances, 
 could not be a citizen of Kentucky, and therefore could not 
 claim the protection of the national constitution as against 
 the Tennessee statute. 
 
 I must trouble you with a few remarks upon certain pas- 
 sages in the opinion of the court, which constitute the 
 foundation of the judgment, and without which the judg- 
 ment itself, liaving no legal liasis to rest upon, ought not to 
 have anj' authority as a precedent. 
 
 The court, 
 stitution, (.1! ; 
 entitled to , ! 
 the sever;,! ^ 
 (says the m; 
 entitled to ■ 
 But free m 
 were never / 
 and immuui 
 
 ise and citing from the Con- 
 1- . ii;;< lis . , , Mil State shall be 
 i I :. :i I .s of citizens in 
 ■ I !- Iiere spoken of 
 
 . i'-ini. :_vj ;:rL' those v.'ho are 
 IS and immunities of citizens.' 
 I ver appellation we call them, 
 'tcs entitled to all the privileges 
 i, and consequently -were not in- 
 tended to be included when this word was used in the Con- 
 stitution. 
 
 " In this country," (continues the court,) " under the free 
 government created by the Constitution, whose language 
 we are expounding, the humblest white citizen is entitled to 
 all 'the privileges and immunities' which the most exalted 
 one ertjoi/s. Hence, in speakingof the rights which acitizen 
 of one State shall enjoy in every other State, as applicable 
 to white men, it is very properly said that he should he en- 
 titled to all the privileges and immunities of citizens in each 
 other State. The meaning of the language is that no privi- 
 lege enjoyed by, or immunity allowed to, the most favored 
 class of citizens in said State shall he withheld from a citi- 
 zen of any other State. How can it bo said that he enjoys 
 all the privileges, when he is scarcely allowed a single right 
 in common with the maes of the citizens of the State ? 
 
 " It cannot he ; and therefore either the free negro is not 
 a citizen, in the sense of the Constitution, or, if a citizen, ht 
 is entitled to ' all the privileges and immunities ' of the mosn 
 favored class of citizens. But this latter consequence will 
 be contended by no one. It must then follow that they are 
 not citizens." 
 
 These are the foundations of the judgment in the case of 
 every similar 
 A good deal 
 
 of what I have already said is strictly applicable here, and 
 in trying to sliow the fallacy of the reasoning of the court 
 f n Tennessee, I must take the risk of some needless repetition. 
 
 The leading thought, that indeed which seems to have 
 compelled the judgment against Ambrose, is, in my opinion, 
 tt naked assumption, not supported by any word of written 
 law, nor maintainable by logical argument. It is assumed 
 that a person to he a citizen at all must have all the rights, 
 privileges, and immunities which the favored one enjoys ; 
 all of the most favm-ed class of citizens. Now, if there be 
 grades and classes of citizens, (which I am not exactly wil- 
 ling to admit,) it would seem that there must be something 
 to distinguish tho grades; some difference in the riglifs, 
 privileges, and immunities of the diiTerent classes. Ami \ i t 
 the court, while asserting the existence of different c I:i -, ~ 
 of citizens, asserts also their equality, by declaring lli t 
 "the humblest white citizen is entitled to all the 'privileges 
 and immunities ' which the most exalted one enjoys." Then 
 what marks the difference of classes ? By what line can we 
 separate humility from exaltation, as applied to a citizen? 
 
 In fact, it seems to me that the difficulties which sur- 
 round tho suliject are artificial, created by the habitual 
 confounding of things different in their nature and origin, 
 
 and by the persistent abuse of language. No distinction 
 is drawn ln-tween the rights and duties as a member c)f 
 .so.ielv, without regard to his cili/enship. The first :iro 
 political merely— tlic last civil .-ukI .-ucial only. An.l the 
 
 ■Witnlsi rigldS, }iri r^' r. . ;,i.:i :iro :r \^ ■, !v ii^ \. :,s 
 
 if they were syiioi,', I I., I ■,;,,. ,-,,,;,; , , 'u '/.,-, 
 
 common, embra> in -..l:. i.) ■. I " '. . i. i;, - ! i:.!-!. 
 
 Privileges are sji. . ..a ii,.hl.-> !>. 1., jibing Ui liie iniii.iuu ,1 
 or class, and not to the mass, hiimuniiies iiro rights of ex- 
 emption only — freedom from what otherwise woubl be a 
 duty, obligation, or burden. For Instance, the constitution 
 of Tennessee (art. 4, sec. 1) declares tliat "all free men of 
 color shall bo exempt from military duty, in time of peace, 
 and also from paying a free poll-tax." This is immunity. 
 
 But whether there ho or be not grades and classes of 
 citizens, higher or lower, more or loss favored, is wholly 
 immaterial to this question. For the Constitution speaks 
 of citizens only, without any reference to their rank, grade, 
 or class, or to the number or magnitude of their rights, 
 privileges, and immunities — citizens simply, without an aii- 
 jectivo to qualify, enlarge, or diminish their rights and 
 capacities. Therefore, if there be grades and classes ol 
 citizens, still tho lowest individual of the lowest possiide 
 class is a citizen, and as such fills the requirement of tho 
 Constitution. 
 
 If we must have grades and classes of citizens, higher 
 and lower, more and less favored, it seems to me im- 
 possible to sustain the proposition of the court that the 
 humblest and most exalted are entitled to equal privileges 
 and immunities A free, white, natural-born female infant 
 is certainly a citizen, and I suppose it would be but reason- 
 able to place her in the lowest class. And I assume that 
 it would not be deemed unreasonable to call that class tho 
 highest, out of which the President must be chosen. If 
 eligibility to the presidency ho a privilege in tho lawful 
 candidate — a peculiar right belonging to him, and not to 
 the mass of citizens, then there is some difference; she is 
 not entitled to all his privileges. 
 
 Those who most indulge in the assumption that to con- 
 stitute a citizen at all the person must have all the privi- 
 leges and immunities which any citizen can enjoy, rarely 
 Venturis to sp<,(il"y precisely what they mean. Generally, I 
 tlioiK t'u- I il^rcnce is plain that they mean suffrage 
 I : ' i ; and, in that connection, I think I have al- 
 1' n I ! at suffrage and eligibility have no necessary 
 
 eoiiii.x.i.ju \, ith citizenship, and that the one may, and 
 often does, exist without the other. 
 
 Again, " immunities " are enjoyed to a very large extent 
 by free negroes in all the slaveholding States. They are 
 generally exempted by law from the onerous duties of ju- 
 rors in the courts, and militia men in tho field; and these 
 are immunities eagerly desired by many white men in all 
 the States. 
 
 In another part of that opinion, the court declares that 
 the word " freemen," as used in the constitution of Tennes- 
 see, is equivalent to citizen ; and yet the court denies that 
 the phrase " freemen of color," used in the same constitu- 
 tion, is a proper designation of citizens! I close my re- 
 marks upon that case with an extract from the constitution 
 of Tennessee, (which was originally made in 1795. and 
 amended in 1835,) reminding you only that, until 1790, 
 Tennessee was a part of North Carolina, and subject to its 
 constitution and laws, and hence the peculiar phraseology 
 of the extract : 
 
 " Article 4, section 1. Every free white man, of the age 
 of twenty-one years, being a citizen of tho United States anH 
 a citizen of the county wherein he may otfer his vote six 
 months next preceding the day of election, shall be enti- 
 tled to vote for members of the general as-einl.ly and other 
 civil officers for the county or district in wliirli' he resides: 
 Provided,^ That no person shall beili>i|iialilii il for voting, ir. 
 any election, ore account of color, whu is now, by the laws 
 of this State, a competent witness in a court of justice 
 against a white man. All freemen of color shall be exempt 
 from military duty in time of peace, and also from paying 
 a free poll-tax." 
 
 Finally, the celebrated case of Scott vs. Sandford, 19 How- 
 ard's Reports, 393, is sometimes cited as a direct authority 
 against the capacity of free persons of color to be citizens 
 of the United States. That is an entire mistake. Tho case, 
 as it stands of record, does not determine, nor purport to 
 determine, that qtiestion. It was an ordinary suit for free- 
 dom, very common in our jurisprudence, and especially 
 proviiled for in tlH> legislation of most of the slaveholding 
 Siiti-;, ;.s it i^ in Missouri, For convenience the form of 
 ili'-M lei, nsii:in\ is land is in this case) trespass, alleging 
 
 Such an action Dred Scott, if entitled to freedom, might 
 have brought in tho State court, without any allegation ot 
 
•6S4 
 
 MISCELLANEOUS. 
 
 citizenship, and without being, in fact, a citizen. But it 
 Beems ho desired to brin^; his action in the circuit court of 
 The United States in Missouri; and, to enable him to do 
 that, ho had to allege citizenship, because Mr. Sandlord, the 
 defendant, was a citizen of New York, and unless the plain- 
 tiff were a citizen of Missouri (or some other State) the na- 
 tional court had no jurisdiction of the case. 
 
 The plaintiff having made his election to sue in the Uni- 
 ted States court, the defendant might, if he would, have 
 pleaded rn bar to the merits of the action, but he exercised 
 his election to plead -in abatement to the jurisdiction of the 
 court ; thus, that the action, if any, " accrued to the Siiid 
 Ered Scott out of the jurisdiction of this court, and exclu- 
 Bively %vithin 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 dec- 
 laration, [not because ho was not born there, and born free, 
 but] because he is a ntgro of African descent ; his ancestors 
 were of pure African blood, and were brought into this 
 country and sold as negi-o 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." To this plea the plaintilf demurred, and the 
 circuit court sustained the demurrer, thereby declaring 
 that the facts stated in the plea, and confessed by the de- 
 murrer, did not disqualify Scott for being a citizen of Mis- 
 souri, and so that the United f^ites circuit court had jviris- 
 diction of the cause. 
 
 The circuit court having taken jurisdiction, the defendant 
 had, of course, to ;j?earf oi'cr to the merits of the action. lie 
 did so, and issues were joined, and there was an elaborate 
 trial of the ficts, which resulted in a verdict and judgment 
 in fjivor of the defendant. And thereupon tlie plaintiff 
 brought the case up to the Supreme Court by writ of error. 
 
 Tlie power of the Supreme Court over the proceedings 
 and judgments of the circuit court is appellate only, and 
 this for the sole purpose of enabling the court above to 
 affirm what has been rightly done, and reverse what has 
 been wrongly done in thecourt below. Iftheerrorof the court 
 below consist in tho illegal assumption of power to hear 
 and determine the merits of a case not within its jurisdic- 
 tion, of course the court above will correct that error, by 
 fretting aside whatever may have been done by that usurped 
 authority. And in doing this the court above has no more 
 power than the court below hid to hear and determine tho 
 merits of the case. And to assume the power to determine 
 a case not within the jurisdiction is as great an error in the 
 court above as in the court below ; for it is equally true, in 
 all courts, that the jurisdiction must first be ascertained 
 before proceeding to judgment. 
 
 In this particul ir case the Supreme Court did first exam- 
 ine and consider tho plea in abatement, and did adjudge 
 that it was a good plea, RufScient to oust the jurisdiction of 
 the circuit court. And henceit follows, as a necessary legal 
 consequence, that whatever was done in the circuit court 
 after the plea in abatement, and touching the merits of the 
 case, was simply void, because done coram, nonjudice. 
 
 Pleas in abatement were never favorites with the courts 
 in England or America. Lord Coke tells us that they must 
 be "certain to a certain intent, in every particular," and iu 
 practice they are always dealt with very strictly. When, 
 therefore, the Supreme Court alBrmed the plea in abate- 
 ment in this case, I assume that it is affirmed, in mauuer 
 and form, as written, and not otherwise. And this not 
 merely because pleas in abatement are always considered 
 strictilegis, but also, and chiefly, because the decision tends 
 to abridge the valuable rights of persons natural-born in 
 tho country, which rights ought not to be impaired, except 
 upon the clearest evidence of fact and law. 
 
 Taking the plea, then, strictly as it is written, the persons 
 who are excluded by this judgment from being citizens of 
 Missouri must be negroes, not mulatoes, nor mestizos, nor 
 quadroons. They must be of African descent, not Asiatic, 
 even though they come of the blackest Malays in south- 
 eastern Asia. They must have had ancestors, (yet that may 
 be doubtful, if born in slavery, of putative parents, who 
 were slaves, and being slaves, incapable of contracting 
 matrimony, and therefore every child must needs be a bas- 
 tard, and so, by the common law, nullius filius, and inca- 
 pable of ancestors.) His ancestors, if he had any, must 
 have been of pure African blood, not mixed with the tawny 
 Moor of Morocco or the dusky Arab of tho desert, both of 
 whom had their origin in Asia. They must have been 
 brought lo{\i\s country, not come voluntarily ; and sold,uoi 
 kept by the importer for his own use, nor given to his 
 friends. 
 
 In this argument I raise no question upon the legal valid- 
 ity of the judgment in Scott to. Sandford. I only insist that 
 <ho judgment in that case is limited iu law, as it is, in fact, 
 limited on the face of the record, to tho pica in abatement ; 
 and, consequently, that whatever was said in the long 
 course of the case, as reported, (240 pages,) respecting the 
 legal merits of tho case, and respectiug any supposed legal 
 disabihty resulting from the mere fact of color, though en- 
 
 titled to all the respect which is due to the learned and up- 
 ri:,'ht sources from which the opinions come, was "■dehors 
 the record,^' aod of no authority as a judicial decision. 
 
 To show that, notwithstanding all that was said upon 
 other subjects, the action of the court was strietiy confluod 
 to tho plea in abatement, I copy th.'> judgmout : 
 
 "Upon the whole, therefore, it is the judgment of this 
 court that it appears by the record before us that the plain- 
 tiff in error is not a citizen of Missouri, in Hie sen^ein which 
 that tuord is used in the Constitution, and that the circuit 
 court of the United States, for that reason, UmI no jurisdic- 
 tion in the case, and coidd give no judgment in it. Its judg- 
 ment for the defendant must, consequently, bo reversed, and 
 a mandate issued, directing the suit to be dismissed/or want 
 of jurisdiction." 
 
 And now, upon the whole matter, I give it as my opinion 
 that the/ree man of color, mentioned in your letter, if born 
 in the United States, is a citizen of the United States^and, 
 if otherwise qualified, is competent, according to the acts 
 of Congress, to be master of a vessel engaged in the coasting 
 trade. 
 
 All of which is respectfully submitted by your obedient 
 servant, 
 
 EDWARD BATES, 
 Attorney General. 
 
 Pay of Colored Soldiers. 
 
 Attorney General Bates has decided that per- 
 sons of color who were free ou the 19th of 
 April, 1861, and who were enlisted and mus- 
 tered into the military service of the United 
 States between December, 1862, and 16th of 
 June. 1864, are entitled by law to receive the 
 same amounts of pay, bounty and clothing, as 
 are, by the law existing at the times of their 
 enlistment, allowed to other soldiers in the vol- 
 unteer forces of the United States of like arms 
 of the service. 
 
 THB OPHnON I.l FULL. 
 
 Attorney General's Ojtice, 
 July 14, 1864. 
 To THK President : 
 
 Sm : By your communication of the 24th ultimo, you re- 
 quire my opiaion iu writing, as to what amounts of pay, 
 bounty and clothiugare allowed by law to persons of color 
 who were free on the 19lh day of April, 1801, and who have 
 been enlisted and mustered into tho military service of the 
 United States betwceu the month of December, 1862, and 
 the 16th of June, 1864. 
 
 I suppose that whatever doubt or difficulty may exist 
 with regard to the amount of pay and allowances to which 
 the soldiers to whom you refer arc entitled, has mainly its 
 origin iu the several provisions of the act of July 17th, 1862, 
 chap. 201,(12Sta.t. 599,) relative to the employmentand en- 
 rollment of persons of African descent in tho service of the 
 United States. The 12th section of that statute provides, 
 ' ' That the President be and he is hereby authorized to receive 
 into the service of tho United States, for the purpose of con- 
 structiug intrenchments or performing camp service, or any 
 other labor, or any military or naval service for which 
 they may be found competent, persons of African descent, 
 and such persons shall be enrolled and organized under 
 such regulations, not inconsistent with the Constitution and 
 la\?s, as the President may prescribe." The 15th section 
 of the same statute enacts, that "persons oT African de- 
 scent who under this law shall be employed shall receive ten 
 dollars per month and one ration, three dollars of which 
 monthly pay may be in clothnig." 
 
 The first and main question, therefore, is, whether the 
 persons of color referred to in your letter, who were 
 mustered into the military service of the United States du- 
 ring the period ot time which you indicate, are "persons Of 
 African descent," employed uxder the statute of July 17th, 
 1862, chap. 201. If tbey are not thi: ; employed, their com.^ 
 pensation should not be governed and is not regulated by 
 the words of the 15th section of the statute, which I have 
 just quoted. 
 
 Now I think that it is clear— too clear indeed to admit of 
 doubt or discussion — that those persons of color who have 
 voluntarily enlisted and have been mustered into our mili- 
 tary service — who have been organized with appropriate 
 officers into companies, regiments, and brigades of soldiers — 
 and who have dono and are doing in the field and in gar- 
 rison the duty and service of sokhers of the Unitc^d States- 
 are not persons of African descent employed under the 
 statute to which I have referred. 
 
 I do not find, indeed, in the act any authority to enlist 
 
MISCELLANEOUS. 
 
 385 
 
 persons of African descent into the service, as soldiers. It 
 will be observed that the said twelfth section enumerates 
 two kinds of emplojiuent for which tliose persons are 
 authorized to be emolled, namely, crmArucliug intrcnch- 
 ments and perforviing camp seiiice. The section then con- 
 tains a more general authority — authority to receive such 
 persona into the service for the purpose of performini; " any 
 other labor or any military or naval service fur uhioU ttity 
 may be found competent." I am bouud, Iii v . ', r. i . i i.v 
 rule of law, respecting the construction of >i 1 
 strue these words of more general authority \, ii;i i 
 to the character, nature and quality of thi' I 
 of labor and service which are, iu the first i 1 1 - ; 
 ally enumerated in tlie statute, as those for 1 1 1 i i 
 of which persons of African descent are nm i 
 
 received into the service, and, therefore,! luit ; i ; ; 
 that Congress, when it conferred authority upuii the i'lcsi- 
 dent to receive into the service of the United States persons 
 of African descent for the purpose of performing any oilier 
 labor or any military service for whieli they may be found 
 competent, meant and intended that that otlrr labor and 
 military service should he of the same general character, 
 nature and quality as that which it had previously in the 
 statute, specially named and designated. "Always in 
 statutes," says Coke, "relation shall be made according to 
 the matter precedent." Dwarris says: " sometimes words 
 and sections are governed and explained by conjoined words 
 and clauses : noscilur a sods." (Dwarris on stat. 604.) 
 
 Appljing these rules of construction then to the act be- 
 fore me, I am constrained to hold, that if the authority to 
 enlist and muster into the military service soldiers of 
 African descent depended upon this statute, (as it does not.) 
 it would fmnish no foundation for such authority. It is 
 manifest that the labor and service tliat United States 
 soldiers are enlisted to perfoi'm, are of an essentially differ- 
 ent character from, and are essentially of a higher nature, 
 order and quality than those kinds of labor and service 
 specifically named in the statute, and for the performance 
 of T7hich the President is specially authorized to employ 
 "persons of African descent." In my late opinion in the 
 case of the claim of Kev. Samuel Harrison for full pay as 
 Clipplain of the 54th Regiment of Massachusetts Volun- 
 teers, I expressed the same view when I said that the act 
 of July 17, 1S62, chap. 201, " was not intended either to 
 authorize the employment or to fix the pay of any persons 
 of African descent, except those who might be needed to 
 perform the humbler ofiices of labor and service for which 
 they might be found competent." 
 
 This view finds confirmation in a statute that received the 
 approval of the President on the same day as the act before 
 me- -the statute of July 17, 1862, chap. 195 (12 Stat., 592) — 
 whi':h conferred upon the President the authority to employ 
 as many persons of African descent as he might deem neces- 
 sary and proper for the suppression of the rebellion, and 
 gave him power to organize and use them in such manner 
 as ho might judge best for the public iveltare. In these 
 words we may find clear and ample authority for the enlist- 
 ment of persons of African descent as United States soldiers. 
 It is under this act, if under either of the acts of July 17, 
 1S62, that colored volunteer soldiers may be said to have 
 been imployed. There is no need to resort, therefore, to 
 the s»atuto of July 17, 1862, chap. 201, for any authority 
 with .espect to their employment, or for any rule in regard 
 to thijr compensation. Persons of African descent em- 
 ployee as solcUers are not embraced at all, as I have shown, 
 by the act of July 17, 1862, chap. 201, as objects or subjects 
 of legMlation; and we must therefore loolj to some other 
 law foi 4he measure of their compensation. 
 
 I fina the law for the compensation of the persons of color 
 referred to in your letter to mo in the acts of Congress in 
 force at the dates of the enlistments of those persons, re- 
 specting the amovmt of pay and bounty to be given an* the 
 amount «.nd kind of clothing to be allowed to soldiers in the 
 voluntee ■ service ot the United States. For, after a careful 
 and critii nl examination, I believe, of every statute enacted 
 since the J'oundation of the present Government relative to 
 the enlis.ment of soldiers in the regular and volunteer 
 forces of ihe United Spates, I have found no law wliich at 
 any time ^irohibited the enlistment of free colored men into 
 either bra ijch of the nstioaal military service. The worils 
 of Cougraii» descriptive of the recruits competent to enter 
 tlie sorvici. were, in the act of April 30, 1790, " able-boched 
 men not uiider five feet six inches in height without shoes, 
 not under tho age of eighteen nor above the age of forty- 
 five;" in tho act of March 3, 179.5, "able-bodied, of at least 
 five feet six inches in height, and not under the age of 
 eighteen nor above the ago of forty-six years ;" in tlie act 
 of -March 3, 1799, " able-bodied and of a size and age suitable 
 for the public service according to the directions which the 
 President of the United States Khali and may establish ;" in 
 the act of March 10, 1802, " effective able-bodied citizens of 
 tli6 United States, of at least live feet six inches high and 
 between the ages of eighteen and forty-five years;"' in tho 
 acts of December 24, 1811, January 11, 1812, January 20, 
 25 
 
 1813, and January 27,1814, "effective able-bodied men;" 
 in the act of December 10, 1814, "free, effective able-bodied 
 men between the ages of eighteen and fifty years;"' and in 
 the act of January 12, 1847, •'able-bodied men." Some of 
 the foregoing statutes are o'osole'to; ofliers of them are still 
 in force, and furnished, before th'i suspension of tho writ of 
 habeas corpus, the rule by which tho validity of the enlist- 
 ments of pi isnns alleged to have been minors was every day 
 f ■' 1 lii tl: ?t .to and Federal courts. They organized the 
 ! ; I lishments of tho United States in time of 
 
 I r til. le of war. They embrace the periods of all 
 ' iunsly to the present, in which the United 
 
 ■ i ungaged. By no one of tliem was or is tlie 
 
 iiec colored men into the military service of 
 1 i ii 1 ,- 1 :,tes, whether as volunteers or as regular.s, 
 I i I i i ; 1 I . AltiT the war of 1812 claims for bounty land 
 preferred by persons of color who had enlisted and served 
 in tlie army under the statutes of 24th December, 1811. Jan- 
 uary 11. 1812, and December 10, 1814, were sustained as 
 valid by the then Attorney General, "William AVirt. (1 Opin., 
 COO.) And when I turn to more recent statutes — those whi h 
 authorized tho raising and regulate the organization of th j 
 wh(#B body of tho volunteer forces now in the field, and 
 provide-l 1 r V,:.^ iiiniiitenance and increase of the regular 
 forces ill i : ' f iliscover throughout them no other 
 
 statutnr. I 1,^ for recruits than those established 
 
 by the I ii I I : -ion to which I have referred. 
 
 It is nol neeiled that I should specially recite the words 
 (if those acts of Congress that provide for the pay, bouuty, 
 and clothing to be allowe 1 to soldiers in the volunteer 
 military service of the United .~tatcs. It is enough to say 
 that under the statutes relative to those subjects, and i:i 
 force during the pei iod of time mentioned in \ our coiniuu- 
 nlcation, all volunteers competent and qualilied io be m in- 
 bers of the national forces, are entitled respectively to re- 
 ceive like amounts of pay, bounty, and clothing from the 
 Government. 
 
 In view, therefore, of the foregoing considerations. I give 
 it to you unhesitatingly, as my opinion, that the same pay, 
 bounty, and clothing are allowed by law to the persons of 
 color referred to in your communication, and wh i were en- 
 listed and mustered into the military ^ervice of the United 
 States between the monthsof December, 18(32, and the 16th 
 of June, 1864, as are bythelawsexisti' gat tho times of the 
 enlistments of said persons, authorized and provided for, 
 and allowed to, oilier soldiers in the volunteer forces of the 
 United States cf like arms of the servi e. 
 
 I have the honor to be, very respect fu'lv, your obedient 
 servant, EDWAUD BATES. 
 
 Gen. McClellan's Letters. 
 
 ON POLITICAL ADMINISTRATION, JLLT 7, 1862. 
 
 IXeadquaetehs Army of the Potomac, 
 Camp neab. Uabrison's LA^•DI.^•G, Va., July 7, 1862. 
 
 Mr. President : You have been fully informed that the 
 rebel army is in the front, with the purpose of overwhelm- 
 ing us by attacking our positions or reducing us by block- 
 ing our river communications. I cannot but regard our 
 condition as critical, and I earnestly desire, in view of pos- 
 sible contingencies, to lay before your excellency, for your 
 piivate consideration, my general views concerning the 
 existing state of the rebellion, although they do not strictly 
 relate to the situation of this army, or strictly come within 
 the scope of my oflicial duties. These views amount to 
 convictions, and are deeply impressed upon mj' mind and 
 heart. Our cause must never be abandoned ; it is the cause 
 of free institutions and self-government. Tho Constitution 
 and tho Union must be preserved, whatever may be the 
 cost in time, treasure, and blood. If secession is successful, 
 other dissolutions are clearly to be seen in tho future. Lot 
 neither military disaster, political faction, nor foreign war 
 shake your settled purpose to enforce the equal operation 
 of the laws of the United States upon the people of every 
 State. 
 
 The time has come when tho government must determine 
 upon a civil and military policy, covering tho whole ground 
 of our national troiible. 
 
 Thorespoiisii.il n . i li i ii linir .,1 elaring, and support- 
 ing such civil Ii ! i . : . ml of directing the 
 whole cour.se lit i ; i i id to the rebellion, 
 must now be a--!:in. 1 inil .- n- I I iV you, or our cause 
 will be lost. The ( on tit utiou gives you power, even for the 
 present terrible exigency. 
 
 This rebellion has a-^sumcd the character of a war: as 
 such it should be reg.arded, and it should 1' • ciivlivted upon 
 the highest principles known to Christ i II ■; ; i. U 
 
 should not be a war looking to the -n' i i i tlio 
 
 people of any State, in any event. ItsliMi,;, , i i ,i, :,i| a 
 war upon population, but against armed iim e.> ami piliiieal 
 organizations. Neither confiscation of property, political 
 executions of persons, territorial organization of St,ite8, or 
 
386 
 
 MISCELLANEOUS. 
 
 forciblp ill alition of slavery, should lie contemplated for a 
 mompiit. 
 In i)rosocuting; the w.nr, all private property and unnrmid 
 
 persons slioiild lie strietly protreteil. Mil.iect milv In the 
 
 waste ^In.ulil he tival:.! ii-, iii^h ,, ... -: ,i: ,,,,:. , i v 
 
 trespass sid-nly prohiUted, and oneii.,nv ,1. ui- aa..i- l.;, tlj'e 
 military tnwanls citizens promptly relinked. Military 
 arrests sliuuM not lio tolerated, except in jil ices where 
 active lui-tilities exist; and oaths, not required by enact- 
 ments, eunstituliomUly made, should bo neither demande.l 
 aor received. 
 
 Militaiy government should be confined to the preserva- 
 tion of pnblic order and the protection of pnlitieal ri-lit. 
 Military power should not be allowed to im- i , r ■ \' - 'i i 'i • 
 relations of 8ervitude,either bysupporlini' I I ■ ii i , , i.- 
 antliority of the master,exceptfor rijires-i'iu -ii: 
 other cases. Slaves, contraband under the ::■■ i ii < "i;;:; > s-, 
 seeking military protection, shouldreceive it. The right of 
 the government to appropriate permanently to its own ser- 
 vice claims to slave labor should be asserted, and the right 
 of the owner to compensation therefor should be reco^ized. 
 This principle might be extended, upon grounds of military 
 necessity and security, to all the slaves of a particular State, 
 thus working manumission in such State; and in Missouri, 
 perhaps in Western A'irginia also, and i)ossibly even in Ma- 
 ryland, the expediency of .such a measure is only a ques- 
 tion of time. A system of policy thus constitutional, and 
 pervaded by the influences of Christianity and freedom. 
 Would receive the support of almost all trtdy loyal men, 
 would deeply impress the rebel masses and all foreign na- 
 tions, and it might be humblyhopedthat it would commend 
 itself to the favor of the Almighty. 
 
 Unless the principles governing'the future conduct of our 
 strug-lo shall be made known and approved, the effort to 
 obtain re(iuisite f irces will bo almost hopeless. A declara- 
 tion of radical views, especially upon slavery, will rapidly 
 disintegrate our present armies. The policy of the govern- 
 ment must bo supported by concentrations of nulitary 
 power. The national forrps should not be dispersed in ex- 
 peditions, posts of ( ">.:■! in*], nnd ininerous armies, but 
 
 should be mainly c 1 1 : I i ; i i ,1 brought to bear 
 upon the armies ol I ■ i . s. Those armies 
 thoroughly defeats I. I : . p ; i,>,,i ,-,ni 1 1 ; r- • which they sup- 
 port would P'"n ( \i-t. 
 
 In carryiii -ytom of policy which yon m.ay 
 
 form, you \vi i i ,■ . ,.niinander-in-chief of the army, 
 
 one who pi -r •,-..,,■: .■..ii,idence,unders;andsyour views, 
 and who is cniuii'^tent to execute y.';:r < r. i, l''. : ir . Wiir 
 the military forces of the nation fill i : : ii i 
 
 the objects by you proposed. Idn i i , ■ i r 
 
 myself I am willing to servo you in -•\< '<i p i' n i- 
 nr^iy assign mo, and I will do so as faithlully as ever subor- 
 dinate served superior. 
 
 I may be on the brink of eternity; and as I hope for- 
 giveness from my Maker, I have written this letter with 
 sincerity towards you and from love for my country. 
 Very respectfully, your obedient servant, 
 
 GKORGE B. McCLELLAN, 
 Majnr General Commandinrj. 
 His Excellency A. LI^•C0LN, President. 
 
 IN FAVOR OP THE ELECTION OF GEOBGE W. WOOD- 
 WAllD AS GOVERNOR OF PENNSYLVANIA . 
 
 Orange, New Jersey, October 12, 1S63. 
 
 Dear Sir : My attention has been called to an article in 
 the Philadelphia Prrss, asserting that I had written to the 
 managers of a Democratic meeting at Allentown, disap- 
 proving the objects of the meeting, and that if I voted or 
 spolio it would be in favor of Governor Curtin, and I am 
 informed that similar assertions have been made throughout 
 the State. 
 
 It has been my earnest endeavor heretofore to avoid par- 
 ticipation in party politics. I had determined to adhere to 
 this eom-se, but it is obvious tli.at I cannot longer maintain 
 Eilence nndirsiich misrciirrseiitatiniis. I llnreriire request 
 youtodmv ll.il I hav^ written :;mv mi.Ii Iri fr, i.r ent-r- 
 tained any sinh \i-ws as llinsratl ! iln.li-d In ni-in llie I'hil- 
 adeliiliia /'/I ..ami 1 drsiie ti i stati' rl.-arl v and distinctly, 
 
 that ha\in- si days ago had a full conversation with 
 
 Jnd'_'' \\ In nd, 1 lind that our views agree, and I regard 
 
 his eliciinii :i- i: iV'inorof Pennsylvania called for by the 
 inlia-i'sls.irihc ii-.iiun. 
 
 I understand .lud-e Woodwan 
 ecutii.nof the war withal! the 
 the loval States, until \h- military power. if the rebellion is 
 destroyed. I understand him to be of the opinion that 
 while the war is \n-ged with all possible decision and energy, 
 the policy directing it sliould be in consonance with tile 
 
 principles of humanity and civilization, working no injury 
 to private rights and property not demanded by military 
 necessity and recognized by military law among civilized 
 nations. 
 
 -iVnil, finally. I understand him to agree with me in the 
 oiiinion that the side great objects of this war are the resto- 
 raliiin of the unity of the nation, the preservation of the 
 C'linstifutiou, and the supremacy of the lawsof the country. 
 Believing our opinions entirely agree upon these points, I 
 would, wore it in my power, give to Judge Woodwai'd my 
 voice and vote. 
 
 I am, very respectfully, yours, 
 
 GEORGE B. McCLELLAN. 
 lion. Charles J. Biddle. 
 
 Pi'oposed Censures of Oflacials. 
 
 OF PRESIDENT LINCOLN. 
 
 First Session, Thirty-Seventh Congress. 
 
 IN HOUSE. 
 
 July 15 — Mr. Vallandigiiaji offered the fol- 
 lowing : 
 
 liesoJved, That the Constitution of the United States con- 
 fers upon Congress alone the power to •' raise and support 
 armies," imd to " provide and maintain a navy ;" and there- 
 fore the President, in the proclamation ol May 3, 1;<61 , and 
 the orders and action, by his authority, ol the v\ ar and 
 Navy Departments, increasing the Army and Navy, and 
 calling for and accepting the services of volunteers for three 
 years without warrant of law, usurped powers belonging 
 solely to Congress, and so violated the Constitution. 
 
 2. That the right to declare a blockade as against an in- 
 dependent power, is a belligerent right, depending upon 
 the existence of a state of war; and that as Congress, and 
 Congress alone, have the power to declare or recognize the 
 existence of war, the President has no right to order a 
 blockade until after Congress shall have declared or recog- 
 nized war with the power whose ports are to bo blockaded; 
 iind further, that Congress alone can abolish or shut up the 
 ports of entry of any State within the Union ; and that, 
 therefore, the President, in bloukading and shuttiDg up tlie 
 ports of entry in certain of the .- tates of the Union, without 
 the antho:i:y of Congress, violaled the C..n.sti utinn. 
 
 3. That Congress alone have the cimstitiitional power to 
 suspend the writ of habeas corpus ; and that nniil the writ 
 has been suspended by act of C;ingress, it is the duty of the 
 President, and all other officers, civil and mHitary. lo obey 
 it; and that, therefore, the President, in suspending said 
 writ himself, or attempting to authorize cer'.aiu niiiit. ry 
 oflicers to susp nd it, or to disobey it, or in susUdniug them 
 in disobedience to it, virdated the Constitution, 
 
 4. That by the Constitution "no money shall be drawn 
 from the Treasury but in consequence of appropriations 
 made by law ;" and that in ordering the drawing from the 
 Treasury of money unappropriated or appropriated for ona 
 purpose, and applying the same to purposes for which no 
 appropriations hail been made by law, the President viola- 
 
 ted the Constitution. 
 
 5. That the search 
 mnnthof i\Iavl:i-i.' V 
 eentive, witlmut 
 
 ■if certain telegraph offices 
 
 the 
 
 ch and seizures, violated -ilie Cut] 
 
 the place to I" 
 the seizure of In; 
 violation of tin' ■ ; 
 secure in their p 
 uufeasonable se.u' h 
 dent, in ordering sue 
 stitution. 
 
 6. That neither Congress, nor the President, nor the juii 
 ciary, have iinv constitutional power to abvid"!' tl'" rr -..diri 
 of speech or o'fthi- press; and that the se ■■■ \ ■< -n-A,- 
 paper presses by military authority and i i . : ; 1 t L ; i , , t 
 of citizens by militar.v or civil autliority. er i ii ■ i\ ir -a-.ji 
 by speech, or through t\w press, of oiiinions upon poliii ; al 
 subjects, or subjects of any kind, is a violation of the C )u- 
 htitution. 
 
 7. That the aiTest without civil process of persons \v t 
 subject to the rules and artiides of war, nor in casia 
 arising in the land or naval i'orces or in the militia, when 
 in actual service, by soldiers in the service of the Unitrd 
 States, is a breach of the Constitution, and a violatitn of 
 the constitutional liberty of the person. 
 
 On motion of Mr. Lote.joy, tliese resol.itions 
 were at once laid upon the table — the House 
 refusing to order the yeas and nays. 
 
MISCELLANEOUS. 
 
 OF EX-PUr.SlDENT BrCHANAN. 
 
 Third Session, Thirty-Seventh Congress. 
 
 IN f^ENATE. 
 1S62, Dec. 15— Mr. Davis, of Kentucky, 
 offered tbis resolution : 
 
 Besolved, Tbat tifter it ha 1 bccom" nianifnst that an insur- 
 rection agaiii?t tho Unit'd Stats was about to break out in 
 several oi tho southorn J^tatc?, James Buchanan, then Pres- 
 ident, from sympathy with the conspirators and their treas- 
 onable project, failed to takp necessary and proper 
 measures to prevent it; whincfore ho should receive the 
 censure and condemnation of tho Senate and the American 
 people. 
 
 Dec 16 — Mr. Satjlsbuby offered this amend- 
 ment: 
 
 Resolved further, That a copy of the foregoing resolution 
 be served upon the said James Buchanan, and that he lie 
 notified that he has liberty to defend himself before th(.' 
 Siinate against the charges in said resolution contained, if 
 he shall choose so to do. 
 
 Same day — The resolution and proposed 
 araeadment were laid upon the table — yeas 38, 
 nays 3, as follows : 
 
 Yejs— Messrs. Anthony, Arnold, Browning, Carlile, Clark, 
 CoUampr, Cowan, Dixon. Doolittio, Fossenden, Field, Foot, 
 Foster, Grimes, Hale, Harding, Harlan, Harris, Henderson, 
 Kennedy.Kmg, Lane of Indiana, Lane of Kansas, Latham, 
 Morrill, JVesmUh, Pomeroy, Powell, Rice, SaaUhury, Sher- 
 man, Ten Eyck, Trumbull, Wade, Willey, Wilson of Mass- 
 achusetts, ivilon of Missouri, 'H'ri^'W— 38. 
 
 Nays — Messrs. Davis, Howe, Wilkinson — 3. 
 
 OF MESSRS. LONG AND HARRIS. 
 
 First Session, Thirty-Eighth Congress. 
 IN HOUSE, 
 
 1864, April 9— Mr. Colfax, the Speaker, (Mr. 
 Rollins, of New Hampshire, in the Chair,) of- 
 fered this preamble and resolution : 
 
 Whereas on the 8th of April, ISG-t, when the House of 
 Representatives was in Committee of the Whole on the 
 state of the Union, Ales.i^tder Long, a Representative 
 from the second district of Ohio, declared himself in favor 
 of recognizing the independence and nationality of the so- 
 called confederacy now in arms against the Union ; and 
 ■whereas, the said so-called confederacy, thus sought to be 
 recognized and established on the ruins of a dissolved or 
 destroyed Union, has as its chief officers, civil and military, 
 those who have added perjm-y to their treason, and who 
 seek to obtain success for their parricidal efforts by the 
 killing of the loyal soldiers of the nation who are seeking 
 to save it from destruction; and whereas the oath required 
 of all members, and taken by the said Alexander Long on 
 the first day of the present Congress, declares " that I have 
 voluntarily given no aid, countenance, counsel, or encour 
 agement to persons engaged in armed hostility to the 
 United States," thereby declaring that such conduct is re- 
 garded as inconsistent with membership in the Congress of 
 the United States : Therefore, 
 
 Resolved, That Alex.\nder Long, a Representative from 
 the second district of Ohio, having, on the Sth of April, 
 1864, declared himself in favor of recognizing the in(le;)ea- 
 dence and nationiility of the so-called confederacy now in 
 arms against tho Union, and thereby " given aid, counte- 
 nance, and encouragement to persons engaged in armed 
 hostility to the United States," is hereby expelled. 
 
 Pending which, April 9, Mr. Washbuene, of 
 Illinois, offered this resolution : 
 
 Whereas Hon. Benjamin G. H.^rris, a member of the 
 House of Representatives of the United States from the 
 State of Maryland has on this day used the following lan- 
 guage, to wit : " The South asked yon to let them go in 
 peace. But, no ; you said you would bring them into sub- 
 jection. That is not done yet, and God Almighty grant that 
 it never may be. I hope that you will never subjugate the 
 South." And whereas such language is treasonable, and is 
 a gross disrespect of this House : Therefore, 
 
 Be it resolved. That the said Bexj.^min G. H.^rris be ex- 
 pelled from this House. 
 
 Which %vas rejected — yeas 84, naj's 58, (two 
 thirds being required :) 
 
 Yeas — Messrs. Alley, Allison. Ames, Anderson, Arnold, 
 
 Ashley, Sail'/, John D. Baldwin. K 
 
 Nt-r, Tl,.ani-.n, Blaine. 
 
 Francis P. Elair, Bout well, B..y.l. 
 
 •1 William G. 
 
 Brown, Ambrose W. Clark, Freema.. 
 
 (olp.Crps- 
 
 w^.ll, Henrv Winter Davis. Thoma- V. 
 
 : .Donnelly, 
 
 Driccc*^. i»iiMv ..t.l>k!..,. i:!i..t Kr • 1. 
 
 '. .ch,Grl"n- 
 
 n.^Il. U..].: I'l ,■ -,. !■: ■.:, l; .■!,,. 
 
 V, Hubbard, 
 
 Jiilin ;i. 1: : . '. ;, .' :. i 
 
 1. v. Frani:i8 
 
 w. K.i: . ■-; I. , . i, ' 
 
 m:. : li.ide, .Mc- 
 
 C'lir ;, M , , ,;i,:. i i\ ^1,:, ■. ' 
 
 i '. '1.1. iMOjel Morris, 
 
 A. •■• \ ■' : -■.■'■: 
 
 ill. Patterson, Pd;e, 
 
 r- , , ■. ;■,, •, .: ,, : -1 II. l: : 
 
 IMward U. Rollins, 
 
 .;- ii •...,. : •! ■ ■ :, ..■,.:- ;n' , ■! - 
 
 .rsSi.al(Iing,StuiT. 
 
 
 1 •; '. I,. KIlihuB. 
 
 \\ ,, 'l: r.M . Vi , , ; i;. >'. ,, 
 
 V. „..ley, Wil- 
 
 1 
 
 \\v - -M -,-,..' ' . .: , 1 ., -. J,/,;,. asC.nald- 
 
 witi, Lit. .' ' / . ' ■'II.' r, Chvi, <'i>x. Cravens, 
 
 Dawson. // / ;; / ' ir. English, Find:, Gan son, 
 
 G ruler, IJ i: .i.'riicl; Holman, Hutrhins, 
 
 I'hilip .!'■ II . ..' .'. K'rnan, Law, Ldzear, 
 
 /• /' ,.'. / , 1 i; :, i; •:',,; McDowell, Mc- 
 
 l\ '. '/ 1 // • . James R. Morris, 
 
 «i;o, .-, , , A on. " ' '. I' III, Samuel J. Ran- 
 
 (u; /, h'.ui t, A-;,. ; ., .;„.., .; S. i.;,..,.;.;, Ross, Scott, Jolm 
 
 B. :s:cJe, ir.V.'.ujii a. Steele, Srou.^e, Suital, Vonrhees, Ward, 
 Chilton A. White, Joseph W. White, Winfield, Femanflo 
 TFood— 58. ( 
 
 Mr. SciiENCK then offered this resolution : 
 Resolved, That Benjamin G. H.^rris, a Rejiresentative 
 from the fifth district of the St;ite of Maryland, having 
 spoken words this day iu debate, manifestly tending and 
 designed to encourage the existing rebellion and the ene- 
 mies of this Union, is declared to be an unworthy member 
 of this House, and is hereby severely censured. 
 
 A motion to table the resolution was lost — 
 yeas 23, nays 80 ; two motions to adjourn were 
 made and voted down ; and the resolution was 
 then adopted— -yeas 98, nays 20, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, Baily, Augustus C.iJi/Wwm, John D.Baldwin, Bax- 
 ter, Beaman, Bloine, F. P. Blair, Boutwell, Boyd, Broomall, 
 James S. Brown, Ambrose W. Clark, Freeman Clarke, 
 Cobb, Cole, Cresw.ll. fo.v. Henry Winter Davis, Thomas T. 
 Davis, Dixon, Don n Ih I- I - Duinont, Eckley, Eliot, ini/- 
 lish, Frank, Gun. ' i ; , i h, Griunell, Hale, Har- 
 
 ringtim, Higby, /. . :■ : likiss, AsahelW. Hubbard, 
 
 .John H. Hubbard. .IcU-Jv. .-, .Julian, Kasson, Kr'!l"v. Fran-ns 
 W.Kellogg, Orlando Kellogg, Kcrnan, \."U. Mil", l.v- 
 AlHster. WcBride, McClurg, Mclndoe, J./ I 1'. 
 
 Miller, M.irrill, Daniel Morris, Amos M.v.-..-. ;. ..... ...ers, 
 
 Kelson, ?:. rt. n. f> '.'', Oitl.. Patterson, Pike, Pomeroy, 
 Price, Ul '■ ;i '. i I .aid H. Rollins, Schenck, 
 
 ScofleM. .-,::,- I. - .. .-^luithers, Spalding, Starr, 
 John B. ■- 1. '...' /, Thaver, Thomas, Tracy, 
 
 Upson, V . \ I . -h. Elliliu B. Wiishburne, William 
 
 B. Wash I ' : \ ; . Whaloy, Williams, Wilder, Wilson, 
 
 Windom. r, ' '. )'. ,iHtn—9S. 
 
 Nays — 'i - ;-. ... « < C.Allen, Ancona, Bliss, Chanler, 
 Denison, Ed' n, Eld ridge. Law, Le Blond, Long, Wm. H. Mil- 
 ler, Morrison, Pendleton, Pruyn, Samuel J. Randall, Ross, 
 Slrouse, Voorhees, Chilton A. Wfiite, Fernando Wood— 20. 
 
 The question recurring upon the resolution 
 offered b}' Mr. Colfax — 
 
 April 14 — Mr. Bicoomall offered this amend- 
 ment, as a substitute, which Mr. Colfax ac- 
 cepted : 
 
 Whereas Alexander Long, a Representative from the 
 second district of Ohio, by his open declarations in tho na- 
 tional Capitol and publications in tho city of New York, has 
 shown liimself to be in favorofarecognition of the so-called 
 confederacy now trying to esbiblish itself upon the ruins of 
 our countiy, thereby giving aid and comfort to the enemy 
 in that destructive purpose — aid to avowed traitors in cre- 
 ating an illegal government within our borders — comfort to 
 them by .assurances of their sticcess, and affirmations of the 
 justice of their cause; and whereas such conduct is at the 
 same time evidence of dlsl03'alty and inconsistent with hia 
 oath of olfice and his duty as a member of this body : There- 
 fore, 
 
 Ri^solved, That the said Alexander Long, a Representa- 
 tive from tho second district of Ohio, be, and ho is hereby, 
 declared to be an unworthy member of tho House of Repre- 
 sentatives. 
 
 Resolved, That the Speaker shall read these resolution* 
 to the said Alexander Long during the session of the 
 
 Mr. Cox moved to lay the preamble and reso- 
 
388 
 
 MISCELLANEOUS. 
 
 lution on the table ; which was disagreed to — 
 yeas 70, nays 80. A division of the question 
 was called, when 
 
 The first resolution was agreed to— yeas 80, 
 nays 70, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, Baily, John D. Baldwin, Baxter, Beaman, Blaine, 
 Boutwell, Boyd, Broomall, Ambrose W. Clark, Cobb, Cole, 
 Creswell, Dawes, Deming, Driggs, Dumont, Eckley, Farns- 
 wortb, frank, Garfield, Gooch, Grinnell, Higby, Hooper, 
 Hotchkiss, John H. Hubbard, Jenckes, Julian, Kasson, 
 Kellev, irancis W. Kellogg, Orlando Kellogg, Loan, Long- 
 year, Marvin, McBride, McClurg, Mclndoe, Samuel F. Millsr, 
 Morrill, Daniel Morris, Amos Myers, Leonard Myers, Nor- 
 ton, Charles 0"Noill, Orth, Patterson, Perham, Pike, Ponie- 
 roy, Price, William H. Eandall, Alexander H. Rice, John 
 H. Rice, Edward H. Rollins, Schenck, Shannon, Sloan, 
 Smith, Suiithers, Starr, Stevens, Thayer, Thomas, Upson, 
 Van Valkeuburg, EUihu B. Washburne, William B. Wash- 
 burn, Webster, WUaley, Wilder, Wilson, Windom, Wood- 
 bridge— 80. 
 
 N.'iTS— Messrs. James C. Allen, William J. AlUn, Ancona, 
 Augustus C. Baldwin, Francis P. Blair, Bliss, James ^'. 
 Brmvit, William G. Brown, Chattier, Clay, Coffroth, Cox, 
 Cravens, Dawson, Denison, Eden, Eldridge, Finck, Ganson, 
 Grider, Hall, Harding, Harnngton, B. G. Harris, Herrick, 
 Hulman, Hutchins, P. Johnson, Wm. Johnson, Kalbjleisch, 
 Kernan, King, Knapp, Law, Lazear, Mallory, Marcy, Mc- 
 Dowell, McKinney, William H. Miller, James R. Morris, 
 Morrison, JVelson, Noble, Odell, John O'Neill, Pendleton, 
 Perry, Pruyn, Radford, Samuel J. Randall, Robinson, 
 Rodgcrs, James 8. Rollins, Ross, Scott, Stebbins, John B. 
 Steele, Williavi G. Ste.ele, Strmise, Stuart, Sweat, Voorhees, 
 Ward, WheeUr, Chilton, A. White, Joseph W. White, Wi)v- 
 Jield, Fernando Wood, Teaman— lO. 
 
 The second resolution was laid on the table — 
 yeas 71, nays 70, as follows : 
 
 Yeas— Messrs. James C. Allm,WilUam J. Allen, Ancona, 
 Baily, Augustus C. Baldwin, Bliss, Jam^s S. Brown,^m.G. 
 Brown, Chanler, Clay, Coffroth, Cox, Dawson, Denison, 
 Eden, Eldridge, Finck, Ganson, Grider, Hall, Harding, Har- 
 rington, Btvjamin G. Harris, Herrick, Holman, Hutchins, 
 William Johnson, Kalbjleisch^ Kernan, King, Kriapp, Law, 
 Lazear, Mallory, Marcy, McDowell, McKinney, William H. 
 Miller, James R. Morris, Morrison, Nelson, Noble, Odell, 
 John O'N^ll, Pendletcm, Perry, Pruyn, Radford, Samuel J. 
 
 Randall, William H. Randall, Robinson, Rogers, James S 
 Rollins, Ross, Scott, Smith, Stebbin,?, John B. Steele, William 
 G. Steele, Strouse, Stuart, Stveat, Voorhees, Ward, Webster, 
 Wheeler, Chilton A. White, Joseph W. White, Winfidd. 
 Fernando Wood, Teaman — 71. 
 
 Nats — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Bout- 
 well, Boyd, A. W.Clark, Cobb, Cole, Creswell, Dawes, Dem- 
 ing, Driggs, Dumont, Eckley, Farnsworth, Frank, Garfield, 
 Gooch, Grinnell, Higby, Hooper, Hotchkiss, J. H. Hubbard, 
 Jenckes, Julian, Kasson, Kelly, Francis W. Kellogg, Or- 
 lando Kellogg, Loan, Longyear, Marvin, McBride, McClurg, 
 Mclndoe, Morrill, Daniel Morris, Amos Myers, Norton, 
 Charles O'Neill, Orth, Patterson, Perham, Pike, Pomeroy, 
 Price, Alexander H. Rice, John H. Rice, Schenck, Shannon, 
 Sloan, Smithers, Starr, Stevens, Thayer, Upson, Van Val- 
 keuburg, EUihu B. Washburne, William B. Washburn, 
 Wilder, Wilson, Windom, Woodbridge — 70, 
 
 The preamble was then agreed to — ^yeas 78, 
 nays 63, as follows: 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, Baily, John D. Baldwin, Baxter, Beaman, Blaine, 
 Boutwell, Boyd, Broomall, Ambrose W. Clark, Cobb, Cole, 
 Creswell, Dawes, Driggs, Dumont, Eckley, Frank, Qartield, 
 Gooch, Grinnell, Higby, Hooper, Hotchkiss, John H. Hub- 
 bard, Jenckes, Julian, Kasson, Kelley, Francis W. Kellogg, 
 Orlando Kellogg, Loan, Longyear, Marvin, McBride, Mc- 
 Clurg, Mclndoe, Samuel F..Miller, Morrill, Daniel Morris, 
 Amos Myers, Leonard Myers, Norton, Charles O'Neill, Orth, 
 Patterson, Perham, Pike, Pomeroy, Price, William H. Ran- 
 dall, Alexander H. Rice, John H. Rice, Edward H. Rollins, 
 Schenck, Shannon, Sloan, Smith, Smithers, Starr, Stevens, 
 Thayer, Thomas, Upson, Van Valkenburgh, EUihu B. Wash- 
 bmne, William B. Washburn, Webster, Whaley, Wilder, 
 Wilson, Windom, Woodbridge — ^78. 
 
 Nats — Messrs. James C. Allen, William J. Allen, Ancona, 
 Augustus C. Baldwin, Bliss, James S. Brown, William G. 
 Brown, Chanler, Clay, Coffroth, Cox, Dawson, Denison, 
 Eden, Eldridge, Finck, Ganson, Grider, Hall, Harding, 
 Benjamin G. Harris, Herrick, Holman, Hutchins, William 
 Johnson, Kalbfleisch, Kernan, Knapp, Law, Lazear, Marcy, 
 McDowell, McKinney, William H. Miller, James R. Morris, 
 Morrison, Nelson, Noble, Odell, John O'Neill, Pendleton, 
 Perry, Pruyn, Radford, Samuel J. Randall, Robinson, 
 Rodgers, James S. Rollins, Ross, Scott, Slebbins, John B. 
 Steele, William G. Steele, Strous, Stuart, Voorhees, Ward, 
 Wheeler, Chilton A. White, Joseph W. White, Winfield, 
 Fernando Wood, Feamon— 63. 
 
THE CONSPIRACY OF DISUNION. 
 
 In the slaveholding States, a considerable 
 body of men have always been disaffected to 
 the Union. They resisted the adoption of the 
 National Constitution, then sought to refine 
 away the rights and powers of the General 
 Government, and by artful expedients, in a se- 
 ries of years, using the excitements growing 
 out of passing questions, finally perverted the 
 sentiments of large masses of men, and pre- 
 pared them for revolution. 
 
 I had prepared an extensive collection of 
 statements and facts bearing upon this point, 
 but am obliged to omit ihem for want of space. 
 The well-read in our politics can readily recur 
 to a multitude of proofs. I appeud a few con- 
 spicuous points, the first of which is less veell 
 known, being from an unpublished journal by 
 Hon. William Maclay, Uuited States Senator 
 from Pennsylvania, from March 4, 1789, to 
 March 3, 1791, being the First Congress under 
 the Consititution. This journal is the property 
 of his relative, George W. Harris, Esq., of Har- 
 risburg, Pa. 
 
 An early Threat of Dissolution. 
 
 FROM SENATOR MACLAT'S JOURNAL. 
 
 1789, Jniio 9— In relation to the tariff bill, the affair of 
 confining the E;i.st India Trade to the citizens of America 
 had been ru-gatived, and a committee had been appointed to 
 report on this bnsiness. The report came in with very 
 high duties, amounting to a prohibition. But a new phe- 
 nomenon had made its appearance in the House (meaning 
 the Senate) since Friday. 
 
 Pierce Bulhr, from Sontli Carolina, had taken his seat, 
 and llaraed lilce a meteor. He arraigned the whole Im- 
 port law, and then chai-ged (indirectly) the whole Congress 
 with a dcsiicu of oppressing South Carolina. Ho cried out 
 for en!;ouri';;ing the Danes and Swedes, and foreigners of 
 every kuil, tu come and take away our produce. In fact, 
 he was lor a navigation act reversed. 
 
 Juno 11 — Attended at the hall lis usual. 
 
 Mr. Izard* and Mr. £«Wc)- opposed the whole of the draw- 
 backs in every shape whatever. 
 
 Mr. Grayson,f of Virgiui.a, warm on this subject, said we 
 ■were not ripe for such a thing. We were a new nation, and 
 had no business for any such regulations — a nation sui gen- 
 eris. 
 
 Jlr. Leet said drawbacks were right, but would bo so 
 much abused, he could not think of admitting them. 
 
 Mr. EU.<wr,rth'\ said Ne,w Englandrviva would be exported, 
 instead of West India, to obtain the drawback. 
 
 I thought it best to say a few words in reply to each. We 
 were a new nation, it was true, Imt we were not a new peo- 
 ple. We were composed of individuals of like manners, 
 habits, and customs with the European nations. What, 
 
 *Ealph. t "William. J Rich:ird Henry, from Virginia. 
 II Oliver, of Connecticut. 
 
 therefore, had been fonnd useful among thorn, came well 
 recommended by experience to us. Drdivhacks stand as an 
 example in this point of view to us. If the thinj; was right 
 in itself, there could be no just argument drawn against tha 
 use of a thing from the abuse of it. It would be the duty 
 of Government to guard against abuses, by prudent appoint- 
 ments and watchful attention to oificers. That as to chang- 
 ing the kind of rum, I thought the collection bill would 
 provide for this, by limiting the exportation to the original 
 casks and packages. I said a great deal more, but really 
 did not feel' much interest either way. But tlio debates 
 were very lengthy. 
 
 ButV-r flamed away, and threatened a dissolution op 
 THE Union, with regard to his State, as sure as God was in 
 the firmament. He 6(;attered his remarks over the whole 
 impost bill, calling it partial, oppressive, &c., and solely 
 calculated to oppress South Carolina, and yet ever andanoa 
 declaring how clear of local views and how candid and dis- 
 passionate he was. He degenerates into mere declamation. 
 His State would live free, or die glorious. 
 
 Opinions of Jackson, Benton, Clay, 
 and others. 
 
 Referring to the modus operandi of southern 
 disunionists. General Jackson's recently-dis- 
 covered letter to Rev. A. J. Crawford is curious 
 for the keenness of its perceptions, and the 
 accuracy of its prediction : 
 
 [" Private."] 
 
 Washington, May 1, 1833. 
 
 "Mt Dear Sm : * * * I have had a laborious task here, 
 but nulliiication is dead: and its an i i I . ; ;i,.,s will 
 only be remembered by the people to ; ; ; : i i their 
 
 wicked designs to sever and destroy t i liuvern- 
 
 ment on the globe, and that prosp' ri:\ . n i li [, n.sswo 
 enjoy over every other portion of the witLI, Ilanian's 
 gallows ought I.) be the late of all such ambitious men 
 who would involve their country in civil war. and all the 
 evils in its train, that they might reign and ride on its 
 whirlwinds and direct tlie storm. The tree people of these 
 United States have spoken, and consigned those wicked 
 demagogues to their proper doom. Take care of your null- 
 ifiers ; you have them among you; let them meet with the 
 indignant frowns of every man who loves his country. The 
 tariff, it is noiv known, waa a mere pretext— its burden 
 was on your coarse woolens. By the law of July, 1832, 
 coarse woolen was reduced to five per cent, for the benefit 
 of the South. Mr. Clay's bill takes it up and classes it 
 with woolens .-it fifty per cent., reduces it graduallv down 
 to twenty per cent., and there it is to remain, and Mr. Cal- 
 houn and all the iiulli-flers agree to the ])rinciple. The 
 c.xsh duties and home valuation will be equal to tiftecn per 
 cent, more, and alter the year 1842. you pay on coarso 
 woolens thirty-five per cent. If this "is not protection, I 
 cannot understand; therefore the tariff was only the pr(>- 
 text, and disunion and a southern confederacy tlie real ob- 
 ject. The next pretext will be the negro or slavery question. 
 
 " My health is not good, but is inii)roving a little. Prl^- 
 sent me kindly to your lady and family, and believe mo to 
 be your friend. I will-always be hap|)y to hear from you. 
 "ANDlUiW JACKSON." 
 
390 
 
 THE CONSPIRACY OF DISUNION. 
 
 Benton in his Thirty Years' View, says : 
 The regular inauguration of this slavery agitation dates 
 from the year lK3o ; Init it had comraenccd two years before, 
 and iu this way: nullification and disunion had commeuced 
 iu ISCO, upon coinpUiint against protective tariff. That, 
 being put down in 1S33 under President Jackson's procla- 
 mation and energetic measures, was immediately substitut- 
 ed by the slavery agitation. Mr. Calhoun, when he went 
 homo from Congress in the spring of that year, told his 
 friends that " the South could never be united against the 
 North on the tariff question— that the sugar interest of 
 Louisrana would keep her out — and that the basis of southern 
 union must bo shii'ted to the slave question." Then all the 
 papers in his interest, and especially the one at Washing- 
 ton, published by Mr. Duff Green, dropped tariff agitation, 
 and commenced upon slavery, and in two years had the 
 agitation ripe for inauguration on the slavery question. 
 And in tracing this agitation to its present stage, and to 
 comprehend its rationale, it is not to be forgotten that it is 
 a mere continuation of old tariff disunion, and preferred 
 because more available.— T/aVii/ Years in the Senate, vol. 2. 
 Mr. Clay, iu a letter to an Alabamian in 
 1844, (see Ms private correspondeuce, p. 490,) 
 said: 
 
 From the developments now being made in South Caro- 
 lina, it is perfectly manifest that a party exists in that State 
 seeking a dissolution of the Union, and for that purpose 
 employ the pretext of the rejection of Mr. Tyler's abomin- 
 able treaty. South Carolina being surrounded by slave 
 States, would, in the event of a dissolution of the Union, 
 suffer only comparative evils ; but it is otherwise with Ken- 
 tucky. She has the boundary of the Ohio extending four 
 hundred miles on three free States. What would our con- 
 dition be in the event of the greatest calamity that could 
 befall this nation ? 
 
 Hon. Nathan Appleton, of Boston, member 
 of Congress in 1832-3, in a letter dated Decem- 
 ber 15, 1860, said that when in Congress he 
 " made up his miud that Messrs. Calhoun, 
 Hayne, McDufQe, &c., were desirous of a sep- 
 aration of the slave States into a separate con- 
 federacy, as more favorable to the security of 
 slave property." 
 
 About 1835, some South Carolinians at- 
 tempted a disunion demonstration. It is thus 
 described by Ex- Governor Francis Thomas of 
 Maryland, in his speech in Baltimore, October 
 29, 1861: 
 
 Full twenty years ago, when occupying my seat in the 
 House of Representatives, I was surprised one morning, 
 after the assembling of the House, to observe that all the 
 members from the slaveholding States were absent. Whilst 
 reflecting on this strange occurrence, I was asked why I 
 was not in attendance on the Southern caucus assembled 
 iu the room of the Committee on Claims. I replied that I 
 had received no invitation. 
 
 I then proposed to go to the committee room, to see what 
 was being done. When I entered I found tliat little cock- 
 sparrow, Governor Pickens of South Carolina, addressing 
 the meeting, and strutting about like a rooster around a 
 bai-n-yard coop, discussing the following resolution, which 
 he was urging on the favorable consideration of the meet- 
 ing: 
 
 '_' Resolved, That no member of Congress representing a 
 Southern constituency shall again take his seat until a re- 
 solution is passed satisfactory to the South on the subject 
 of slavery." 
 
 I listened to his language, and when he had finished, I 
 obtained the floor, asking to be permitted to take part in 
 the discussion. I determined at once to Idll the treasona- 
 ble plot hatched by .John C. Calhoun, the Cataline of Amer- 
 ica, by asking questions. I said to Mr. Pickens, " What 
 next do you propose we shall do ? Are we to tell the peo- 
 ple that Repubhcanism is a failure? If you are for that I 
 am not. I came here to sustain and uphold American in- 
 stitutions ; to defend the rights of the North as well as the 
 South ; to secure harmony and good fellowship between all 
 sections of our common country." They dared not answer 
 these questions. The southern temper had not then been 
 gotten up. As my questions were pot answered, I moved 
 an adjournment of tho caucus sine die. Mr. Craig, of Vir- 
 ginia, seconded tho motion, and the company was broken 
 up. Wo returned to the House, and Blr. Ingersoll, of Penn- 
 sylvania, a glorious patriot then as now, introduced a reso- 
 lution which temporarily calmed the excitement. 
 
 ffencer of November 4, 1861, maVos these re- 
 marks : 
 
 However busy BIr. Pickens may have been in the caucus 
 after it met, the most active man in getting it up and press- 
 ing the southern members to go into itA\as Mr.R. li.llhett, 
 also a member from Snutli Carnlin.i. Tho occasion, or al- 
 leged cause of this witli.h-a\v::l f lu tho House into secret 
 deliberation was an nnli-slavny si'.echof Mr. i-ilade, of Ver- 
 mont, which Mr. Uhctt violently di-nouuced, and proposed 
 to the southern members to leave the, Housj and go into 
 conclave in one of the committee rooms, which they gener- 
 ally did, if not all of them. Wo are able to state, Iiow- 
 ever, what may not have been known to Governor Thomas, 
 that at least three besides himself of those who did a.ttend 
 it went there with a purpose very different from an inten- 
 tion to consent to any treasonable measu-e. These three 
 men were Henry A. Wise, Balie Peyton, audWm.Coot John- 
 son. Neither of them opened his lips in tho caucus ; they 
 went to observe ; and we can assure Governor Tliouuis that if 
 Mr. Pickens or Mr. Calhoun (whom he names) or any one 
 else had presented a distinct proposition looking to dis- 
 union, or revolt, or secession, ho -would have witnessed a 
 scene not soon to be forgotten. The three whom we have 
 mentioned were as brave as they were determined. Fortu- 
 nately, perhaps, tho man whom they went particularly to 
 watch remained silent and passive. 
 
 EARLY HOPES OF THE REBELS.* 
 
 Mr. Lawrence M. Keitt, when declaiming in 
 Charleston in November, 1800, in favor of the 
 separate secession of that State, used this lan- 
 guage, as reported in the Charleston Mercury : 
 
 But we have been threatened. Mr. Amos Kendall wrote 
 a letter, in which he said to Col. Orr, that if the State went 
 out, three hundred thousand volunteers were ready to 
 march against her. I know little about Kendall — and the 
 less the better. He was under General Jackson ; but for 
 him the Federal treasury seemed to have a magnetic at- 
 traction. Jackson was a pure man, but he had too many 
 around him who made fortunes far trauscendi.ig their sala- 
 ries. [Applause.] And this Amos Kendall had the same 
 good fortune under Van Buren. He (Kendall) threatened 
 us on the one side, and John Hickman on tho other. John 
 Hickman said, defiantly, that if we went oul of the Union, 
 eighteen millions of Northern men would bring us back. 
 Let me tell you, tJiere are a million of Democrats in the 
 Korth, who, when the Blaok Republicans attempt to march 
 upon the South, will be found a wall of fire in Vie front. 
 [Cries of" that's sol" and applause.] 
 
 Recently-found letters in Fredericksburg, Vir- 
 ginia, noticed editorially in Harpers^ Weekly of 
 May 28, 1864, show that the South calculated 
 confidently upon the defection of large masses 
 of men at the North. The Weekly, commenting 
 on M. F. Maury's letters, says : 
 
 How far Maury and his fellow-conspirators were justified 
 in their hopes of seducing New Jersey into the rebellion, 
 may be gnthered from the correspondence that took place 
 in the spring of 1861 between Ex-Oovcrnor Price, of ISew 
 Jersey, who was one of the representatives fn«m that State 
 in the Peace Congress, and L. W. Burnet, Esq., of Newark. 
 Mr. Price, in answering the question what rught New Jer- 
 sey to do, says : " I believe the Southern Confederation 
 permanent. The proceeding has been taken with fore- 
 thought and deliberation— it is no hurried impulse, but an 
 irrevocable act, bised upon the sacred, as was supposed, 
 'equality of the States;' and in my opinion every slave 
 State will in a short period of time be found united in one 
 confederacy. * * Before th it event happens wo cannot 
 act, however much we may sutfor in our material interests. 
 It is in that contingency, then, that I answer the second 
 part of your question — ' what position for New Jersey will 
 best accord with her interests, honor, an 1 tlie patriotic in- 
 stincts of her people?' I say emphatically s/ie would go 
 with the South from every wise, prudential, and patriotic 
 reason." Ex Governor Price "proceeds to say that he is con- 
 fident the States of Pennsylvania! and New York will 
 "choose also to cast their lot with the South," and after 
 them the western and northwestern States. 
 
 * See page 20. 
 
 ■j- January 16, 1861— A meeting of Democrats was held in 
 National Hall, Philadelpliia, Charles Macalester presiding, 
 at wiich Robert P. Kane oftered this, among other resolu- 
 tions which were put to tho meeting, and declared adopted. 
 Respecting this event, the National Intelli- and which, read in the Ught of this revelation, appear t» 
 
THE CONSPIRACY OF DISUNION. 
 
 391 
 
 LETTER OF EX-PFESIT)ENT FRANKLIN PIERCE TO 
 JEFFERSON DAVIS, OF JANUARY 6, 1S60, FOUND 
 IN DAVIS'S MISSISSIPPI HOME, WUEN TAKEN 
 Bf OUR TROOPS : 
 
 Clarendon Hotel, Jamtar;/ 6, 1860. 
 
 My Dear Frxenb : I \\Tote you an unsatisfactory note a 
 day or two since. I have just had a pleasant interview with 
 Mr. Shcpley, whose courage and fidelity are equal to his 
 learning and talents. Ho says he would rather fight the 
 battle with you as the stindard-hearer in ISCO than under 
 the auspices of any other leader. The feeling and judgment 
 of Mr. S. in this relation is, I am confident, rapidly gaining 
 ground in New England. Our people are looking for " the 
 coming man," one who is raised by all the elements of his 
 character above the atmosphere ordinarily breathed by pol- 
 iticians, a man rehlly fitted for this exigency by his abiUty, 
 courage, broad statesmiiuship, and patriotism. Colonel 
 Seymour (Thos. H.) surived here this morning, and expressed 
 his views in this relation in almost the identical language 
 u-ed by Mr. Shcpley. It is true that, in the present slate of 
 things at Washington and throughout the country, no man 
 can predict what changes two or tliree months may bring 
 forth. Let me suggest that, in the running debates in Con- 
 gress, full justice seems to me not to have been done to the 
 Democracy of the North. I do not believe that our friends 
 at the South have any just idea of the state of feeling, hiu-- 
 rying at this moment to the pitch of intense exasperation, 
 between those who respect their political obligations and 
 those who have apparently no impelling power but that 
 which fanatical passion on the subject of domestic slavery 
 imparts. Without discussing the question of right, of ab- 
 stract power to secede, I have never behoved that actual 
 disruption of the Union can occirr without blood ; and if, 
 tbrou.Lrh the madness of northern abolitionism, that dire 
 calamity must come, the fighting will not be along Mason's 
 and Dixon's line merely. It [will] be within our own bor- 
 ders, in our own streets, between the two classes of citizens 
 to whom I have referred. Those who defy law and scout 
 constitutional obligations will, if we ever reach the arbitra- 
 ment of arms, find occupation enough at home. Nothing 
 but the state of Mrs. Pierce's health would induce me to 
 leave the couuti-y now, although it is quite likely that my 
 presence at home would be of little service. I have tried to 
 impress upon our people, especially in New Hampshire and 
 Connecticut, where the only elections are to take place 
 during the coming spring, that while our Union meetings 
 are all in the right direction, and well enough for the pres- 
 ent, they will not be worth the paper upon which their 
 resolutions are WTitten unless we can overthrow political 
 abolitionism at the polls and repeal the unconstitutional 
 and ol )noxious laws which, in the cause of " personal lib- 
 erty," have been placed upon our statute-books. I shall 
 look with deep interest, and not without hope, for a decided 
 change in this relation. 
 
 Ever and truly, your friend, 
 
 FRANKLIN PIERCE. 
 Hon. Jeff. Davis, 
 
 Washington, D. C. 
 
 The Disunion Programme. 
 
 From the National Intelligencer of Friday, 
 January II, 1861 : 
 
 The subjoined communication, disclosing the designs of 
 those who have undertaken to lead the movement now 
 threatening a permanent dissolution of the Union, conies 
 to us from a distinguished citizen of the South,* who for- 
 
 awa 
 
 a plan of which e.x-Governor Price was likely 
 
 TwdflJi, That in the deliberate judgment of the Denioc- 
 r;i y 't ]''.,i' : ' Iirliia, iind, so far as we know it, of Pennsyl- 
 ■^ I I iiiiiiiii iif tile Lniun by the separation of tlio 
 
 V. i 1 1 Milt \vi' sliall most sincerely lanuMit, may 
 
 !•■ I' (-' ■:,' ' iiinnimwealtli to ;i lar-eexteiit Iroiii the' bonds 
 which now eoiUR-ct her with tin- ConlVdn:!' \ . . \ ; t - . In- 
 us lor temporary Convenience she (hi"'-.- 1 . ; i, ; ; ; in, 
 and would autliorize and require liiiiiii. . i;. .1' a 
 convention, to be assembled for thut iii:!i....- , in ... ; :Miiie 
 with whom her lot slioidd be cast, wliether Willi the Noitli 
 and the East, whose fanaticism has incciijitati d tills niiseiy 
 Hpoii us, or with our brctliieii of the Soitlli. whose wrongs 
 we feel as our own : or w liellier Pennsylvania should stand 
 by herself, as a distinct community, ready when occasion 
 offers to bind together the broken Union, aud resume her 
 place of loyalty and devotion. 
 
 * Understood to be lion. Lemuel D. Evans, l{ei>resenta- 
 tive from Texas iu the 34th Cougress, from March 4, 1855, 
 
 to Maich 3, 1857 
 
 morly represented his State with grort .iMin i ii in the 
 popular branch of Congress. Tempo: i ■ - ! mi; in 
 this city ho has become authentically ii 1 i ,ict-'» 
 
 recited in the subjoined Utter, which li i i . i i .s to 
 us under a sense of duty, and for the accuracy of wliich hi» 
 makes himself responsible. Notliing but a,ssurances coming 
 from such an intelligent, reliable source could induce us to 
 accept the authenticity of these startling statements, which 
 so deeply concern not only the welfare I ut the honor of the 
 Southern people. To them wo submit, without present 
 comment, the programme to which they are expected to 
 yield their implicit adhesion, without any scruplca of con- 
 science as without any regard to their own safety. 
 
 Washington, January 9, 1861. 
 
 I charge that on last Saturday night a caucus was held in 
 this city by the Southern Secession Senators from Florida, 
 Georgia. Alabama, Mississippi, Louisiana, Arkansas, and 
 Texas. It was then and there resolved in effect to assunio 
 to themselves the political power of the South, and, to con- 
 trol all political and military operations for the present, 
 they telegraphed to complete the plan of seizing forts, ar- 
 senals, and custom-houses, ami advised the conventions now 
 in session, and soon to ;issemble, to pass ordinances for im- 
 mediate secession ; but, in order to thw.irt any operations 
 of the Government here, the Conventions of the seceding 
 States are to rettiin their representations in the Senate and 
 the House. 
 
 They also advised, ordered, or directed the assembling of 
 a Convention of dcleg-ates from the seceding States at 
 Montgomery on the loth of I ebruary. This can of coiu-so 
 only he done by the revolutionary Conventions usurping 
 the powers of the people and sending delegates over whom 
 they will lose all control in the establishment of a Pro- 
 vioiial c.iN -1 1,11! -Ill . w ill ii i- I o 1- lU of the dictators. 
 
 Thi- I ! - ,; 1, : i ■ most effectual means 
 
 todrii ■ i 111 --"e, Kentucky, Mis- 
 
 souri, A; 1> 11- 1-, i \ -. .ii:! \ 1- nil into following the se- 
 ceding States. Maryland is also to be influenced by such 
 appeals to popular passion as have led to the revolutionary 
 steps wliich promise a conflict with the State and Federal 
 Governments in Texas. 
 
 They have possessed themselves of all the avenues of in- 
 formation in the South — the telegraph, the press, and the 
 general control of the postmiusters. They also confidently 
 rely upon defections in the army and navy. 
 
 The spectacle here presented is startling to contemplate. 
 Senators entrusted with the representative sovereignty of 
 the States, and sworn to support the Constitution of the 
 United States, while yet acting as the privy councillors of 
 the President, and anxiously looked to by theu- constitu- 
 ents to effect some practical plan of adjustment, deliber- 
 ately conceive a conspiracy for the overthrow' of the Gov-, 
 erument through the miii; ;y : _ n, / i^ n-. !', ilmger- 
 ous secret order, the K: i ' : , i i ' ■ Com- 
 
 mittees of Safety," .?• n : - iicies 
 
 at their conunand; ili } lir.i' m-i mi 1 :i- in i.iiii;ha 
 military and civil despotism as ever cursed a maddened 
 country. 
 
 It is not difficult to foresee the form of government which 
 a convention thus hurriedly thrown together at Mont- 
 gomery will irrevocably fasten upon a deluded and unsus- 
 pecting people. It must essentially be "'a monarchy founded 
 upon military principles," or it caiinnt enihire. Those who 
 usurp power nev.n- fail to foruc -t: n : 'i .ip-. 
 
 It may be too late to sound til ' ; X Miingmaybo 
 able to arrest the action of i' \ < i iNinals whose 
 
 decrees are principally in •■sn t - -- n-.' But I call 
 upon the jieoplo to pause and reliect In lore tliev are forced 
 to suirender every principle of liberty, or to fight those 
 who are becoming their nuistei-s rather than their servants. 
 
 E.VTON. 
 
 As confimu'ng the intelligence furnished by our inform- 
 ant we may cite the following extract from the Washing- 
 ton correspondence of ycsteidav's Dalliniore Sun : 
 
 "The leaders of lie' S lUli ; ii in.vi nn nl are consulting 
 as to the hot mole i.r r , ' ■ i_ i , i.iterests into a 
 Confedoracv 1111.1 1- a /' .. ', The plan is 
 
 tomake.^eiiatii- lli.n; , ;\ . li i iial President, 
 
 Mnd.Iefrei-s..n I'.ii- I ii i, n, m i i 1 Ii ■ army of di-- 
 feiice. .'\Ir. Ill; i] - in :i lit degree tho 
 
 philosopliical . ,, : . .1 n i I .1 in ili.ni any other 
 
 statesman now l.iiu,.. C..I..11. 1 I.'.n ;.- 1.-, .. . la.luate of West 
 Point, was distilii;iiislied lor gallantry at liiieua Vista, and 
 served as Secretary of War tinder President Pierce, and is 
 not second to General Scott tu military scieiico or courage.'' 
 
 The Charleston Mercury of January 7, 18G0, 
 published the following telegraphic dispatch : 
 [From our own Correspondent.] 
 
 WAsnixoTox, Jan. G. — Tho Seiiatoi-s froni those of the 
 Southern States which have called Conventions of their 
 
392 
 
 THE CONSPIRACY OP DISUNION. 
 
 people met in caucus last night, and adopted the following 
 resolutions : 
 
 '■ Resolved, That we recommend to our respective States 
 immediate secession. 
 
 " Jiesnlved, That we recommend the holding of a General 
 Convention of the said States, to be holden in the city of 
 Montgomery, Alabama, at some period not later than the 
 IStli day of February, 18G1." 
 
 These resolutions were telegraphed this evening to the 
 Conventions of Alabama, Mississippi, and Florida. A third 
 resolution is also known to have been adopted, but it is of 
 a confidential character, not <o be divulged at present. There 
 was a good deal of discussion in the caucus on the question 
 of whether the seceding States ouglit to continue their del- 
 egations in Congress till the 4th of March, to prevent un- 
 friendly legislation, or whether the Representatives of the 
 seceding States should all resign together, and leave a clear 
 field to the Opposition to pass such bills, looking to coer- 
 cion, as they may see fit. It is believed that the opinion 
 that they should remain prevailed. 
 
 CERTAIN "secret" DOCUMENTS. 
 
 LETTER FROM C. S. SENATOR TULEE OP FLORIDA. 
 
 Washington, Jan. 7, 1861. 
 
 My Dear Sir : On the other side is a copy of resolutions 
 adopted at a consultation of the Senators from the seceding 
 States — in which Georgia, Alabama, Louisiana, Arkansas, 
 Texas, Mississippi, and Florida were present. 
 
 The idea of tlie meeting was that tlie States should go 
 out at OHIO, and inovide for the early organization of a 
 ConfeiU rati' linvi iiiinent, not later than 15th February. 
 This tiiui- is alluuu 1 to enable Louisiana and Texas to parti- 
 cipate. It sueiiic'd to bo the opinion that if we left here, force, 
 loan, and volunteer bills might be passed, which would put 
 Mr. LixcOLN in immediate condition for hostilities ; whereas, 
 by remaining in our places until the 4th of March, it is 
 thnur/ht ive can keep the hands of Mr. Buchanan lied, and 
 disable the Republicans from effecting any legislation which 
 will strengthen the hands of the incoming Administration. 
 
 The resolutions will be sent by the delegation to the 
 President of the Convention. I liave not been able to find 
 Mr. Mallory this morning. Hawkins * is in Connecticut. I 
 have therefore thought it best to send you this copy of the 
 resolutions. 
 
 In haste, yours truly, D. L. YULEE. 
 
 Joseph Finegan, Esq., 
 
 ^'■Sovereignty Convention,''^ Tallahasee, Fla. 
 
 The following were the resolutions referred 
 to: 
 
 Resolved 1. That in onr opinion each of the Southern 
 States should, as soon as may be, secede from tlie Union. 
 
 Resolved 2. That provision should be made for a conven- 
 tion to organize a Confederacy of the seceding States, the 
 convention to meet not later than the loth of February, at 
 the city of Montgomery, in the State of Alabama. 
 
 Resolved, That in view of tlie hostile legislation that is 
 threatened against the seceding States, and which may be 
 consunnnated before the 4th of March, we ask instructions 
 whetlier the delegations .are to remain in Congress until 
 that date for the purpose of defeating such legislation. 
 
 Resolved, That a committee be and are hereby appointed, 
 consisting of Messrs. Davis, Slidell, and Mallory, to carry 
 out the objects of this meeting. 
 
 The preceding letter was found in Fernan- 
 diua, Floridi), upon the capture of that city in 
 the winter of l8G2,and the orginal letter was 
 forwarded to the editor of the N. Y. Tbne.'i by 
 its correspondent who accompanied the expe- 
 dition. The Times of Saturday, March 15, 
 1862, comments on this development: 
 
 The telegraphic columns of the Times of January 7, 1861, 
 conlaiQcd the following Washington despatch : "The South- 
 ern Senators last night (Jau. 5) held a conference, and tel- 
 egraphed to the conventions of their respective States to 
 advise immediate secession." Now, the present letter is a 
 report by Mr. Yuleo, who was present at this "consulta- 
 tion," as ho calls it, of the resolutions adopted on thisoc- 
 casion, transmitted to the said Fincgan, who, by the way, 
 was a member of the " Sovereign Convention" of Florida, 
 then sitting in the town of Tallahassee. 
 
 It will thus be seen that this remarkable letter, which 
 breathes throughout the spirit of the conspirator, in reality 
 lots us into one of the most important of the numerous se- 
 cret conclaves which the plotters of treason then hold in 
 the capital. It was then, as it appears, that they deter- 
 mined to strike the blow and precipitate their States into 
 
 ' The Representative from Florida. 
 
 secepsion. Butat the same time they resolved that it would 
 be imprudent for Ibom openly to withdraw, as in that case 
 Congress might pass " force, loan, and volunteer bi Is, 
 which would put Ml-. Lincoln in immediate condition for 
 hostilities." No, no 1 that would not do. (So much patri- 
 otic virtue they half suspected, half feared was left in the 
 country.) On the contrary, "by remaining in our places 
 until the 4th of March it is thought wc can keep the hands 
 of Mr. Buchanan tied, and disable the Republicans from 
 efTocting any legislation which will strengthen the hands of 
 the incoming Administration." Ah! what a tragic back- 
 ground, full of things unutterable, is there ttn're I 
 
 It appears, however, that events wore faster than they, 
 and instead of being able to retain their seats np to the 4th 
 of March, they were able to remain but a very few weeks. 
 Mr. Davis withdrew on the 21st of January— just a fort- 
 night after this "consultation." But for the rest, mai-k 
 how faithfully the programme here drawn up by this knot 
 of traitors in secret session was roali/cd. Each of the 
 named States represented by this cabal did, "a-iSoonM 
 maybe, secede from the Union" — the 51issi>siiipi Conven- 
 tion passing its ordinance on the heels of the receipt of 
 these resolutions, on the 9th of Jaimary ; Florida and Ala- 
 bama on the 11th ; Louisiana on the 2Gth, and Texas on the 
 1st of February ; while the " organization of the Confede- 
 rate Government" took place at the very time appointed, 
 Davis boiiig inaugurated on the 18th of February. 
 
 And here is another plot of the traitors brought to light. 
 These very men. on withdrawing from tlie Senate, urged 
 that they were doing so in obedience to the command of 
 their respective States. As Mr. Davis put it, in his parting 
 speech, " the ordinance of secession haviug passed the 
 Convention of his State, he felt obliged to obey the sum- 
 mons, and retire from all official connection with the Fed- 
 eral Government." This letter of Mr. Yulee's clearly re- 
 veals that they had themselves pushed their State Conven- 
 tions to the adoption of the very measure which they had 
 the hardihood to put forward as an imperious "summons" 
 which they could not disobey. It is thus that treason did 
 its work. 
 
 Mr. James L. Pugh, member of Congress from 
 Alabama, in a letter, Nov. 24, 18G0 — "made 
 public his reasons for going to Washington," 
 and taking his seat in Congress, lie says : 
 " The sole object of my visit is to promote the 
 cause of secession." 
 
 Douglas's Farewell Words. 
 
 IN CHICAGO May 1, 1861. 
 
 The election of Mr. Lincoln is a more pretext. The pres- 
 ent secession movemoHt is the result of an enormous con- 
 spiracy formed more than a year» since — formed by leaders 
 in the Southern Confederacy more than twelve mouths ago. 
 They use the slavery question as a means to aid the accom- 
 plishment of their ends. 'I'lioy desired the election of a 
 northern candidate by a sectional vote, in order to .show that 
 the two sections cannot live tn.^etlier. When the history of 
 the two years from the Leeoniptoii qiie^tinn down to the 
 I'residen'tial election shall be written, it will b,- shown that 
 the scheme was deliberately made to break up tliis Union. 
 
 They desired a northern Kepul.liean to be elirtcd by a 
 purely northern vote, and then assi-n this laet as a reason 
 
 did'ate in' the late 'Presidential contest bad carried the uni- 
 ted South, their scheme was, the northern candidate suc- 
 cessful, to seize tlie Capital last spriii.^', and by a united 
 South and divided North, hold it. Their scbeine was de- 
 feated, in the defeat of the disunion candidates 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 ac- 
 complish 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 wiir; only patriots or traitors! (Cheer 
 after cheer.) 
 
 The Conspiracy in Maryland. 
 
 On page 152, the arrest of Marshal Kane* 
 
 * Marshal Kane, on his way to burn the bridges on the 
 raifroads to Philadelphia and to Ilarrisburg, sent this tele- 
 gram for troops : 
 
 MARSHAL KANE'S DESPATCH TO BRADLEY T. JOHNSON, OP 
 FREDERICIi. 
 
 Baltimore, April 19. 1861. 
 Thank you for your offer ; bring your men in by the first 
 train, and we will arrange with the railroad afterwards. 
 
THE CONSPIRACY OF DISUNION. 
 
 3iia 
 
 and the Board of Police of Baltimore in June, 
 18G1, by General Banks, is noticed. Alter tbeir 
 arrest, the minutes of their proceedings during 
 the " reign of terror " in Baltimore were found, 
 tVom which these interesting extracts are talien : 
 
 EXTRACTS FROM THE " MIXUTES " OF THE POUCE COMMISSION- 
 ERS OF BALTIMORE, AND FROM THEIR LETTER BOOK; FOUND 
 IN THEIB OFFICE AFTER THEIR ARREST BY GENERAL BANKS. 
 
 1861, April IQth, 20th, and 21st— No entry. 
 
 April 22d — After dcbatp, liesolved, That notice be imme- 
 diately given of election for Legislature on Wednesday 24th 
 April, and the sheriff be requested to unite in giving the 
 necessary call therefor. 
 
 The Board declared itself to be in permanence. D. J. 
 Foley & Bros.' powder purchased, and the disposition of the 
 same and all other powder to be purcliased committed to 
 Cul. Isaac Trimble.* llenry Thompson, Esq., appointed 
 Quartermaster General, to act under the Mayor.f 
 
 Order passed to prevent the transportation of provisions 
 without special permission. Colonel Trimble appointed to 
 the order. 
 
 Charles Pitts J appeared and offered 200 to 300 negroes to 
 perform any service which the authorities may call on them 
 to do. The Mayor returns thanks, and assures them they 
 shall be called on when any occasion arises when their s«r- 
 vices can be availed of. 
 
 Coleman Yellott g authorized to charter a steamer to sum- 
 mon the members of the State Legislature. 
 
 Unnecessary parades forbidden in the streets. 
 Extract from a note from Col. Trimble to Iloioard, Presi- 
 dent of the Board, found anion c/ the papers : 
 
 " The display of military will be a sorry one as to the 
 strength of the military of the city, and calculated to dis- 
 hearten our ovi-n citizens, and if represented abroad will 
 rather invite and encourage attempts from the north to defy 
 us and pass througli tlie city, whereas without this display 
 many will think that the military force of the city is mucli 
 stronger than it really is." 
 
 Order passed authorizing Col. Trimble to permit steam- 
 boats to leave for the eastern shore, to and below the Sassa- 
 fras river, upon condition that in going and returning they 
 shall not stop at Annapolis. 
 
 April 23. U. S. Ship Alleghany, 
 
 Baltimore, April 23, 1861. 
 Charles Howard, Esq., President of the Board of Police. 
 
 Sir : Having occasion to employ a steamtug in the service 
 of the United States, I have to request that you will author- 
 ize me to use one this day in the harbor of Baltimore and 
 the adjacent waters. 
 
 I am, respectfully, 
 
 WM. \y'. HUNTER, Com. U.S.N: 
 
 Respectfully declined. 
 
 Communication from Col. Trimble in regard to the re- 
 moval of the AUegliany. Answer given through Charles 
 Wethered, that the matter was attended to, and tlte removal 
 forbidden. 
 
 Mr. Zenas Barnum called in regard to repairing the tele- 
 graph wires on the road to Philadelphia; no action deter- 
 mined on. Mr. Barnum was informed that no communica- 
 tions am pass over the iviresfor Washington, whether for the 
 War Department or citizens, without being subjected to the 
 inspection of the police board. 
 
 Conmiissary Lee applied for permission to convey pro- 
 ,vision.s into Fort McIIenry. He was informed of the impos- 
 siliility of ensuring him protection in carrying provisions 
 to the fort during the present excitement of public feeling. 
 
 Application received from Mr. Clarke, Superintendent of 
 the Northern Central Railroad, for permission to rebuild 
 the bridges [which had been destroyed by Kane on the night 
 of the 19th] at Melville and the Relay House. Tliis was 
 refused. 
 
 Streets red with Maryland blood! Send expresses over the 
 mouotaius and valleys of Maryland and Virginia for the 
 riflemen to come without delay. Fresh hordes will be down 
 ou us to-morrow, (the 20th.) We will fight them or die. 
 GEO. P. KANE. 
 
 Thi.'! was posted in Frederick, with a placard as follows, 
 signed by Br:idley T. Johnson: 
 
 All men who will go with me will report themselves as soon 
 as possible; providing themselves with such arms and ac- 
 coutrements as tliey can. Double-barrelled shot guns and 
 buck-shot arc efficient. They will assemble after reporting 
 themselves at 10"^ o'clock, so as to go down in the ll^^Irain. 
 
 * Now Major General in rebel service, and a prisoner in 
 our hands, captured at Gettysburg. 
 
 t The Mayor was one of the Board. 
 
 t Elected to the Legislature at the election of 24th April. 
 
 2 Member of the State Senate. 
 
 Application by Messrs. Tucker [British subjects] to com- 
 plete tho loading of the Queen Victoria, [British.] In reply 
 were informed that instructions would he given to Col. 
 Trimble to permit the Queen A H-!- ri:i ) , .I,]iirt with her 
 present loading, but that uo nil, , i, i j liiliii,,! to bo 
 removed from tho city can b'- i- i,iiii i s Ih >iii|,],i (1 (,n 
 board the vessel. American \r.~, \~ i-niii I.;i;.'h .^li.ill nut 
 depart without furthor and distiULt acliuu being taken l>y 
 the board. 
 
 The following were loose papers accompanying th« 
 "minutes" but not recorded: 
 
 1. Despatch by Morse's line, dated 
 
 '• Harper's Ferry, 1861. 
 Received Baltimore 22, 1861." 
 To Police Commis-sioners : 
 I want to communicate. What have you to say ? 
 KENTON HARPER, 
 [Rebel] Commanding. 
 
 2. Baltimore and Oliio Railroad Telegram, dated 
 
 Harper's Ferry, April 22, 1861. 
 Received 11 o'clock, 8 niin., A. M. 
 To W. II. Gatchell, Police Commissioner : 
 Very satisfactory interview here with General Harper. 
 C. J. 31. GWINN. 
 
 3. Memorandum in pencil — omited in the "minutes:" 
 
 April 23, 1861 . 
 
 "Telegraphed General Harper, Harper's Ferry, to the 
 effect, that the town is quiet, expressing thanks for his 
 communication, and promising to let him know when any 
 exigency requiring it shall arise ; mentioning that Owiun 
 had been seen by us." 
 
 Gwinn reported "six thousand men ready to come down." 
 
 4. Another memorandum : 
 
 "Gwinn asserts that six thousand troops are atUarwer's 
 Ferry." 
 
 ,. .„ ,- ^ April 25.* 
 
 All police officers and others in the employ of the Board, 
 and all other parties whatsoever, are requested to offer no 
 obstruction to the running of the trains." (i. e., to Wash- 
 ington.) 
 
 In a letter to John Garrett, Esq., Col. Trimble directed 
 to allow and grant facility for tho transportation of 40 kegs 
 of powder to be used by the Baltimore and Ohio RaiU-oad 
 Company in Virginia. 
 
 Restrictions on the export of provisions, breadstuffs, and 
 bituminous coal, removed. 
 
 Propositions to repair the telegraphic lines to Cockeys- 
 villc, and also to Havre do Grace aud Belair, were declined. 
 
 Appointment made with Coi. Trimble aud Geu. Thomp- 
 son by the Mayor and Board, for p. m., to consider and 
 determine certain matters in reference to the disbursement 
 of moneys under the ordinance, appropriating $500,000. 
 
 Col. Huger furnished plans and specifications for a bomb- 
 proof. 
 
 Letter from General Stewart f found among the papers : 
 April 2-i, 1861. 
 
 "My Dear Howard : I will endeavor to put on duty the 
 same company uf cavalry that was ordered out last night, t 
 I know not what to think of the rumors from Annapolis- 
 but if the Massachusetts troops are on the march from that 
 place to Washington, I shall be in motion very early to- 
 morrow morning to pay my respects to them, of course 
 making arrangements for an adequate force being here in 
 my absence." 
 
 Mayor's Office, April 23, 1S61. 
 Charles Howard, Esq. : 
 
 Dear Sir : A messenger from Virginia called to inform 
 the Mayor that Senator Mason will be in the citv either on 
 to-morrow evening or the next day, and wishes an inter- 
 view with Governor Pratt, Hon. Robert McLean, and J. 
 Mason Campbell. Respectfully, 
 
 D. H. BLANCHARD, 
 Secreta>-y. 
 April 26— Colonel Kane reports that the powder purchased 
 by Colonel Trimbles orders, and stored in a church in the 
 west end, has been ordered to bo transferred to Vicker's 
 house. 
 Negroes said to be offering northern notes (!) General 
 
 * The day after the election for members of House of 
 Delegates, when but 9,000 votes were cast, of the 30,000 in 
 Baltimore. 
 
 t Stewart was Major General of the 5th Division Maryland 
 militia; is now in the rebel service and our prisoner, hav. 
 nig been captured in one of the battles of the WiUerness. 
 
 X To Uke Fort McHenry. 
 
394 
 
 THE CONSPIRACY OF DISUNION. 
 
 Ins reports <» iiTVolving cannon* in 'William VTilkens & Co's. 
 w ir.'hou.se. Uiit Culonol Huger and Ross Winans do not 
 ai>ijrovo of a.jch battcrir.s. 
 
 Appliciitio,. made U>i |. ii;ii~ i-n I., r. p dr t ■!-■ r.iph lines 
 to Havi-e di. r,ra,;e. <■ i :i,,it the 
 
 board .sliiill Ir-ivecd.mii i- i li . ;;.j;, ,i n , . i , • madoby 
 the Am;;nc,ir Telfj^iapii C-:;.|Kai;.. (I,lIU. i'-.j A.,j:,lio 97'.) 
 
 Certain directors of the i'hiladelphia, W'iUuiugton, and 
 Baltimore railroad [O'Donnell, Pratt, Cohen, and T. Donol- 
 son] ask for tl e privilege of reconstructing the bridges and 
 repairing the rails upon tlieir road, [destroyed bv Marshal 
 Kane.] The; sissumedthat a pr.aiii-e c-uM be had by them 
 from the Gei eral Goveruniciit not to a;.k lor the passige of 
 troops over ( as road. Answer uiv.n tliiil tliey should first 
 learn what ( me would bo ri^i ,i 1 i; r i i liri'ng the road, 
 
 and whatas arancethcycoul I ' : ivcrnment that 
 
 troops shall not seek that 111 I ration, and i/icn 
 
 that the api .ication for permn'^nm i,, nl.n.ld the road shall 
 he renewed o the hnard. 
 
 Prohibit n\ to remove flour and breadstuffs re-onacted.f 
 
 April 27 \SG,\—FuU Board and Mayor. 
 
 Re=ij;tia ion of David Daneker and William T. Butler, of 
 the police lorce, received. 
 
 daneker's lettee. 
 
 To THE B ..\RD OF POLICE: 
 
 Gents I hereby tender my re.?ignation as a member of 
 the poli- e force of Baltimore. As an American citizen I 
 cannot condescend to pull down the American flag. 
 
 DAVID DANEKER,:j: 26Wt April. 
 
 Colon-^l Trimble instructed to allow shipmeuts of bread- 
 stuffs, i.j., in limited quantities, within tlie State ; must 
 use bis liscretion : " Keep a list of parties shipping the ar- 
 ticles. »nd quantities, and make daily reports." 
 
 Gene, al Stewart appeared and stated that ho had infor- 
 mation of 2,000 stand of arms having arrived at Camden 
 Station, (Baltimore and Ohio railroad,; which he claimed as 
 officer if the State. 
 
 Reply, (Letter Book, page 111 :) 
 
 " A gentleman representing the house of W. T. Walters 
 & Co., has just called. Their hou.se has bill of lading for the 
 arms, and desires to hand them over to the police depot 
 solely for safe-keepinsi." 
 
 April 28th— General Stewart notifies the Board that 2,000 
 guns were yesterday morning at Harper's Ferry, awaiting 
 his orders, and tliat he had given directions for them to be 
 forwarded to his orders. 
 
 LETTER FROM GENERAL STEWART TO THE BOARD. 
 
 Headquarters, 1st Light Divisio>f, M. V. 
 Ualtimore, 'Id May, 1861. 
 To the Board of Police op the city of Baltimore : 
 
 GjJNTS : I have the pleasure to lay before you the official 
 disjatches of Governor Letcher, of 24th April, addressed to 
 me. and several other communications between myself and 
 Major General Kenton Harper, commanding at Harpers 
 Fei\-v, as well as Brigadier General Cocke, commanding at 
 Alexandria, all showins; tnat the .^,000 flint-lock guns fur- 
 nit aed by the State of Virginia are for the use of Maryland, 
 an.l are I'estlned to he delivered to my order. 
 
 Understanding that 2,000 of these arms, which arrived two 
 01 three days ago from Harper's Ferry, consigned to Mr. 
 W. T. Walters, (but contrary to the instructions of Major 
 Goiieral Harper, as ho assures me in a dispatch,) are now in 
 a warehouse at the corner of Second and (iay streets, occu- 
 lt. ed by your Board or by the city authorities, I, as the ofii- 
 cjr of,,the State of Maryland, commanding here, and agent 
 of the State, to whom the aims were destined, require that 
 the whole be d livered to my order, it being understood 
 that I assume the respon-ibility of receiving those arms on 
 uccount of the State of ,\Iary land. Yon are aware that upon 
 special application to me on behalf of the companies of Cal- 
 vert county, I agreed to delivery of 120 of those aims." 
 
 Extract from the reply nfth". Commissioners {C. Howard) to 
 General IJUviarl — same date. 
 " And you having al'/O understood that a ccentleman now 
 in Frederick has full power to control or alter the destina- 
 tion of them, we were nnwitliiig to exercise any authority 
 over them. I shovtcd you a copy of my letter to that gen- 
 tleman from whom i have yet no reply." 
 
 route for Harper's 
 
 t The arguinont of the rebels then was that otherwise 
 GoverBment would suddenly buy up and remove all the sup- 
 plies. 
 
 X It had been determined to suppress the American flag, 
 ai'.d the military had been puj in array to put this through ; 
 vi.ift /')>,Ff'j 7iom Stewart to Howard, 20th April, and the 
 rop'.iff dTthe Board in Letter Book. 
 
 Letter referred to. Letter Book, page 116, to Senator Ma- 
 son, dated Aiiril :J0, 1801. 
 
 My De.vr Sir: Since I had the pleasure of seeing you I 
 have had a good deal of annoyance in cousequei.ee of the 
 irregular manner in which some of our townsmen obtained 
 in your State some arms. I do not ((Ueslioii their motives, 
 but it was unfortunate that we ha! i. . In: : i:: iuaofwhat 
 had been done by them until We 1- ,. n ; , i you. Can 
 you inform mo whether these an;- i : -- , , iv General 
 j Harper area part of the origiii:il ,n i!i,;\ im n'tioned liy 
 1 you, and of which I understand you have lull power to con- 
 trol the destination:' 
 
 If so, do you desire General Stewart, as a militaiy officer 
 of the State, to receive them for its use? 
 
 (Signed) CHARLES HOWARD. 
 
 governor Letcher's letter to general Stewart. 
 Dear Sir: I called this morning to see you, having re- 
 ceived a dispatch from J. S. Barbour, Esq., Ale.xandi-ia, giv- 
 ing information respecting matters in Baltimore. I have 
 issued an order to General Harper to send 1,000 stand of 
 arms to General Stewart. Stirring times in your State. 
 Truly, JOHN LETCHER. 
 
 THE ORDINANCE APPROPIIIATING $500,000. 
 
 This ordinance (No. 22) was approved April 
 20, 1861, and a portion of tlie mo)i<='y expended. 
 The following report, made April 4th, 1862, 
 shows how : 
 
 The .Joint Select Committee, to whom was referred the 
 resolution for the appointment of a committee "to examine 
 and dispose of all papers and vouchers relating to the ex- 
 penditure of money under the provisions of the ordinance 
 for the preservation of the peace of tito city, approved 
 April 20th, 1861, to inquire and rej.oi t what has become of 
 the articles then purcha-eil .mJ i , ,, ;i>i >■ |i . r-.-iim they 
 now are, and also what di~, t . ithebai- 
 
 anceof thefunds nowin t!e^ I,- i, , . i , \< ;i-> iKir-ed 
 the duty imposed upon iIj e:. . h . i ; w ('ouneils 
 
 the followiiiu- report, with ;;e, ■,,:;., i,,, ,, oiiem.,: 
 
 The duti-s imi-ose.l upon Ih.T ;,, . - . iliree-fold; 
 
 first, to examine ami di-iiosi' n|' ;i : I ;. ^ ^ ,-iiehers re- 
 
 lating to tlie t'xpeii.liture of loon .' - : ;!, provisions 
 of the ordinance speeilicd ; secono! , i iid report 
 
 what has become of the articles !',,,'■ -1, and in 
 whose possession they now are ; an-l ;,...., . i.ddewhat 
 disposition shall be made of the bui,an.c ui tiie funds now 
 in the city treasury. 
 
 On the first head, your committee have to report that no 
 "papers" h.ave come under their cognizance, except a note 
 addressed by Col. Henry A. Thompson to the Mayor, which 
 accompanied a statement of his agency, in the capacity of 
 Quai-termaster General, in the disbmsement of ^8,000 of 
 the money in question, and in which he el:;ims to have 
 saved a consideral-f -ir i l-r t!:- r\t y 1 1 . .i \.' ■ . \.\ v\\,.;i< \ij 
 prevent lavish eM i i, i n i i.iiis 
 
 contracts and rehe ;:- . ,■ r. . . \ .' \ ;i :::\. .-i. 
 
 Your committee :. :,io ;i ; :;o ir;,.' t, 
 
 that such an agency had not been in; hut it 
 
 is due to the gentleman referred t . le' appears 
 
 to have performed the difficult fi 1 to him, 
 
 with fidelity and discretion. Ae'. , ,,n;; ;e.i are also 
 due to Col. Thompson, for e , i i . tendering any 
 
 assistance in his power, ill ili- - \ e, iimi of the "vouch- 
 ers," so far as his agency w i- i i^ n I : t ut no occasion 
 has arisen for making use of ilie piole led r.id. 
 
 The "vouchers," as placed in the liamls of your commit- 
 tee by the city Register, have been carefully examined, and 
 found to be in due form, authenticaleil Ii\ 
 ing control of affairs at that period. :e ;d 
 expenditure of the gross amount i : 
 interest and the balance on ham 1. : 
 singly inspected, the objects of e\| u 
 classified, and present the results staled blow. 
 
 Having served the purposes of your committee in afford- 
 ing the points of information it was nece.^sary to obtain, 
 no other disposition of them seems necessiry than to re- 
 store them to the custody of the city officer, in whcjse 
 charge they properly belong, as vouchers for disbursements 
 under the ordinance. 
 
 The labors of your committee under the second head of 
 instructions, "to Inquire and report what has become of 
 the articles then purchased, and in whose po .session they 
 now are," htive resulted in the following classilied summary 
 of expend! tuies for difl'erent objects: 
 
 SUMMARY. 
 
 Arms, ammunition, &c $24,174 74 
 
 Blankets, mattresses, &c 2,825 57 
 
 Siirgictil instruments and medicines 99 37 
 
 Marine and navy (embracing hire and altera- 
 tions of steamers, and wages of men) 5,461 31 
 
 ii;- for the 
 iwing for 
 
 been 
 
THE CONSPIRACY OF DISUNION. 
 
 395 
 
 Carpenters, bricklayers, materials, &c 
 
 RiitiuHs 
 
 Piiy of officers and men. 
 
 Horse and hack hire, and hauling arms 
 
 Advertising, stationery, &c. 
 
 Rent of armories and repairs 
 
 Workmen on parks, by resolution, approved 
 
 .Timell, ISOl 
 
 Poor Association, for use of indigent -widows, 
 
 sewing women, &c 
 
 Cash in Bank 
 
 9,914 
 7,73G 
 3,472 
 234 
 1,748 
 
 2,000 
 5,775 
 24,576 
 
 Total $99,006 00 
 
 From the above summary it will be seen that the expend- 
 itures for "Ai-ms and ammunition" reached the largo 
 amount of nearly §25,000. The articles purchased include 
 fixtures for cannon, carbines, rifles, muskets, pistols, swords, 
 spears, drums, canister and grape shot, bullets, lead, pow- 
 der, cartridges, caps and other kindred materials, the pre- 
 cise number and quantities of which, as nearly as could be 
 ascertained, are given in the two following schedules : 
 1,217 carbines, from F. W. Bennett. 
 407 liairs patent rifles, from Denson & Buck. 
 80 carbines, from Denson & Buck. 
 
 6 cutlasses, from Denson & Buck. 
 
 12 gun carriages, from A. & W. Denmead & Son. 
 3,285 iron spears, from A. & W. Denmead & Son. 
 2 muskets, from Levi Cromwell. 
 16 pistols, from Wm. Harris. 
 302 pikes, from Hay ward, Bartlett & Co. 
 ■23 guns, from T. l"oy. 
 9 pistols, from Merrill, Thomas & Co. 
 
 12 flasks, from Merrill, Thomas & Co. 
 
 4 ship pistols, from Levi Cromwell. 
 1 Bword, from Canfield, Bro. & Co. 
 
 414 pikes, from George Page & Co. 
 
 7 revolvers, from C. Schumaker. 
 
 5 drums, from — Eisenbrandt. 
 
 AMMUNITION. 
 
 lbs. powder, (value Si,520) from Foley & Bro. 
 
 8,194 lbs. canister shot, from A. W. Denmead & Son. 
 119 " musket balls, " Levi Cromwell. 
 21,000 caps, from Cugle & Co. 
 
 1 keg rifle powder, from F. Devlin. 
 
 2 bacTs balls, from F. Devlin. 
 2,000 caps, from F. Devlin. 
 
 4,958 lbs. lead, from Baltimore Water Board. 
 200 blank cartridges, from Green & Yoe. 
 2 boxes caps, from Green & Yoe. 
 1 bag shot, from Green & Yoe. 
 
 113 yards flannel, for cartridges, from 
 
 10,000 ball cartridges, from Wm. Harris. 
 10,860 do do do 
 
 800 do do Hoffman. 
 
 do do Poultney & Trimble. 
 
 429 cylinders for 6-pound guns, from 0. II. Cromwell. 
 
 86 lbs. antimony, for balls, from Regester & Webb. 
 102 lbs. tin, for balls, do do 
 
 102,000 caps, from Merrill, Thomas & Co. 
 
 13 bags and 14 lbs. balls, from Merchants' Shot Tower. 
 3,031 cai-tridges, from Merrill, Thomas & Co. 
 
 8 boxes cartridges, from Merrill, Thomas & Co. 
 30,000 caps, do do 
 
 349 lbs. of lead, from John Rodgers. 
 7,740 lbs. cannon balls, from Denson & Buck. 
 473 cylinders, do do 
 
 54 lbs. match rope do do 
 
 The expencUtures for " Blankets, Mattresses, A-c," were 
 $2,825 57 ; and the articles purchased were as follows : 
 
 BLANKETS, MATTRESSES, ETC. 
 
 445 blankets, from Whitely, Stone & Co., and others. 
 
 540 straps, do do do do 
 
 425 flannel shirts, from John H. B,ea, and others. 
 
 225 mattresses, from C. S. Frey & Co., A. Pollack, and others. 
 
 240 pillows, do do do do 
 
 400 caps, from Wliite & Rosenberg. 
 
 1 desk, 10 chairs, 1 washstand, by S. S. Lee. 
 
 For " Surgical Instruments, &c.," the expenditures, con- 
 sidering the foriiiidable nature of the preparations, offensive 
 and defensive, were moderate, reaching only the sum of 
 S99 37; and of this amount a portion is for damage to in- 
 struments returned. The list of these articles is here given : 
 
 SUEGICAL INSTRUMENTS AND MEDICINES. 
 
 3 tourniquets, ordered by Dr. Robinson. 
 C ternaculums, do » do 
 2 bullet forceps, do 
 
 Sponges, Wadding, Muslin, Spirits, &c. 
 
 Having thus ascertained what articles had been pur- 
 chased, your committee pnceeded "to inquire what has 
 
 become of them, and in whoie possession they now are." 
 This investigation was attended with considerable difliculty, 
 owing to the v;uious changes which have taken place since 
 the period of the purchases : Iho abdication of the former 
 Police Commissioners, tlio absence of the JIayor, the substi- 
 tution of the United Stiites Provost Marshal i'.nd his police 
 force, and the seizure, by way of precaution, by the United 
 States, of arms and mi'.itury materials st-ii ; in ('l;';'i'!it 
 ]>art3 of the city. M.iny articles and eijuii . !, 1, i , i,.,- 
 doubtedly disappean^ilfbut yourcomnn'tM ,: ii iio 
 
 present tlie following list of arms and <'l'i ^ .. u i -, im- 
 nished by Mr. James L. McPhail, Deputy I'r.jvost Marrluil, 
 which will account for a portion of the articles. Identifi- 
 cation of those purchased was, of com-se, impossible : 
 38 rifles, found at the old City Uall. 
 3 single barrel shot guns. 
 
 1 douiile do do 
 27 single do do 
 
 2 double do do 
 2 rifles. 
 
 49 Hall's carbines. 
 7 U. S. do 
 2 Hall's rifles. 
 1 percussion musket. 
 
 1 ship gun. 
 
 2 six pound field pieces, monateda 
 2 field pieces, complete. 
 
 20 rounds of canister shot. 
 26 do grape do 
 
 114 tons do do 
 
 1 lot of 24 and 32 lb. shot. 
 
 10 mattresses. 
 33 pillows. 
 
 37 blankets. 
 6 sheets. 
 25 pillow-cases. 
 
 5 beds. 
 
 9 doz. boxes Hicks's hat caps. 
 
 Of the above articles, (your committee are informed by 
 Mr. McPhail,) the beds and bedding were distributed to the 
 several station-houses, they having been found, on taking 
 possession, to be generally destitute of such articles, and 
 those found being in bad repair and very dirty. Besides 
 the bedding thus a^jpropriated, a considerable number of 
 mattresses, some tin ware, &c., were transferred, with the 
 approbation of the mayor, to the warden of the jail, for use 
 at that institution, where tliey were much needeit. A por- 
 tion of the arms purcliased by the parties who had control 
 of affairs during the period of the "crisis " are still at Fort 
 McHenry, where they were placed after seizm-e by the Uni- 
 ted States authorities. According to a return made to the 
 mayor on the 12th of August, 1.^61, by Sahmel W. Bowen, 
 Captain of the Middle District St.ation, the following arms, 
 taken by order of General Butler from the corner of Gay 
 and Second streets, were then at Fort McHenry : 
 
 58 boxes, marked " Va. muskets," 20 in each box 1,160 
 
 15 " " " Armory, do. 300 
 
 40 Hall's carbines, 20 in each box and 141 loose 941 
 
 13 Hall's rifles, " 74 " S34 
 
 46 Minie muskets, percussion locks 46 
 
 38 old muskets, flint locks 33 
 
 23 " " percussion. 23 
 
 27 new " flint 27 
 
 60 Yager rifles 50 
 
 2,919 
 1 box accoutrements. 
 
 115 boxes pikes. 
 
 Of the above, issues to a considerable extent have been 
 made by the United States authorities, and some have been 
 returned to Denson & Buck. Your committee iu-e obliged 
 to Deputy Marshal McPuil for the fallowing statement of 
 arms at present to be found at Fort McHenry: 
 60 boxes of pikes, containing 00 each. 
 
 11 " cai'bines. 
 300 carbines. 
 
 6 guns, 7 carriages, 13 rammers. 
 
 It is understood that these arii 1- -. . til mi li others be- 
 longing to the city as m.iy be (oil I i '11, will be 
 restored by the Government of 1 1 1 I . - . ^ as soon as 
 their restoration is deemed com]...;;, i^ \m. :i : 1 i^per regard 
 for its own protection. 
 
 A few words more are necessary, ia explanation of the 
 remaining items of the summary. 
 
 Of the amount charged to the "Marine and N.ary," the 
 principal portion is made up of sums expended on the hire 
 and alterations of steam-tugs Hercules and Tiger, charges 
 for use of the Potomac, George's Creek, and other steamers, 
 amounting to Sl,500 53, and ?55 paid for the purchase of a 
 boat and oars. The b.ilanee was principally expended in 
 the payment of officers and " harbor );olice." The only ar- 
 ticles known to be remaining from this department are a 
 
896 
 
 THE CONSPIRACY OF DISUNION. 
 
 boat and oars, said to have been loft in the care of John 
 Ilenilerson. K-^q., and two spy-glasses in the possession of 
 tlio city register. 
 
 In tlic cliurgcs for " carpenters, bricklayers, materials," 
 &c., in included a considerable sum, say about $1,250, for 
 roronst ruction of the bridge at Canton. Considerable quan- 
 tities of bricks and lumber arc also included, mostly used in 
 the erection or repair of a " powder-house," of the locality 
 of which yoiu- Committee arc not informed. Wherever situ- 
 ated, if not retiuned in use, the second-hand materials may 
 bo of some value to the city. 
 
 yho payments for " rations," " pay-rolls," " horse and hack 
 hire," "hauling," "armories," " ailvertising," &c., amount- 
 ing in the aggregate to $23,1U6 35, represent so much outlay, 
 I'rora which the city reaps no tangible return. 
 
 The amounts of $8,518 19 for " workmen on parks," and 
 $2,000 for "indigent widows, sewing-women," &c., were 
 withdrawn from the fund by special resolutions of the coun- 
 cil and expended for the benevolent purjwses designated. 
 
 Tin- cliait'c Inr " iuteresl," is a necessary result of the 
 loan, autlinnzoil by the ordinance of April 20th, 18G1. 
 
 The reniuuii'ig item is the " cash in bank" — and this 
 brings your committee to the third and last clause of the 
 duties assigned them, viz; "to decide what disposition 
 shall be made of the remaining funds now in the City 
 Treasury." 
 
 Ou this point your committee are unanimonsly of the 
 opinion that the balance should be returned, pro rata, to 
 the several banks from which the whole amount was bor- 
 rowed, thus canceling so much of the city's indebtedness, 
 and stopping the payment or accumulation of interest. 
 
 In accordance with which statements and views, your 
 ccmmittee respectfully recommend the adoption of the fol- 
 lowing resolutions : 
 
 S. F. STREETER, 
 WM. SULLIVAN, 
 JOUN DUKEHART, 
 
 Mist Branch. 
 JOSEPH ROBB, 
 WJI. SWINDELL, 
 AL^A HIGGINS, 
 
 Second Branch. 
 
 Resolved, By both Branches of the City Council of Balii- 
 timore, that the papers and vouchers relating to expendi- 
 tures under Ordinance No. 22, approved April 20th, 1861, 
 be restored to the custody of the City Register. 
 
 Resolved furthermore. That the llayor be and is hereby 
 authorized and requested to have collected, at the earliest 
 possible moment, the arms and military materials belong- 
 ing to the cit3', in the custody of the U.S. Marshal, or else- 
 where, and, reserving such as, in his judgment, may be 
 necessary for public use, to dispose of the balance, and 
 place the proceeds in the City Treasury. 
 
 Resolved, By the Mayor and City Council of Baltimore, 
 that the Register be and he is hereby authorized and di- 
 rected to repay, pro rata, to the several banks, the balance 
 remaining on band from the sum borrowed of them, under 
 authority of ordinance No. 22, approved April 20th, 1801, 
 " to appropriate $500,000, or so much thereof as may bo 
 necessary for the defence of the city against any danger 
 that may arise out of the present crisis." 
 
 These resolutions passed both branches. 
 
 THE LEGISLATURE CONFIRMED THE LOAN. 
 
 The Legislature of IMaryland passed the bill, 
 reported by Mr. Wallis from the Special Com- 
 niittee consisting of the Baltimore city delega- 
 tion, " to ratify an ordinance of the Mayor 
 and City Council of Baltimore appropriating 
 $500,000 for the u^-e of the city." 
 
 April 27, 1861, (the second day of the session,) 
 this bill, under a suspension of the rules, passed 
 the House of Delegates — yeas 58, nay 1, as 
 follows : 
 
 Yeas— Messrs. E. O. Kilbourn,-S))ca7Lcr, Clarke J. Durant, 
 George II. Morgan, Philip F. Rasin, Albert Medders, James 
 T. Uriscoe, Benjamin I'arran, Bernard Compton, F. B. F. 
 Burgess, Thos. C. \Vortliingtun, Robt. M. Denison, Leonard 
 J. Quinlan, T. W. Rcnshaw, J. Laurence Jones, Alex. Chap- 
 l;iin, James U. Dennis, Edward Long, John R. Keene, Wni. 
 Holland, Julm R. IJiown, James W. Maxwell, E. P. Bryan, 
 Richard Wc.len, Utli.ui A. Jones, Wra. II. Legg, William L. 
 Slarkey, Cm-tis \Y. Jacol.s, (Jeorge W. L.anding, Stephen P. 
 Dennis, An'iri'W Kessler, jr., Tlioin:is J. Claggott, John A. 
 Johnson, William K. Saliumi, lUnry Straughn, G. W. 
 Coldslioruu-li, John ('. IJrun.', Henry M. Wiirlield, Charles 
 11. Pitts, Willl.iin C. IlanisMM, .1. Hanson Thomas, S. Te.akle 
 Wallis, T. Parliia Scott, Ross AViuaua, U. M. Morflt, Lau- 
 
 rence Sangston, Joshua Wilson, William F. Bayless, Rich- 
 ard M'Coy. James Coudy, Martin Eakle, John C. Brining, 
 Ilowaril Griihth, Josiah II. Gordon, W. R. Barn.ard, D.r. id 
 Roop of A., John W. Gorsuch, Bernard Mills, William Tur- 
 ner— 58. 
 Nays— Mr. William T. Lawson— 1. 
 
 Same day, the bill passed the Senate — yeas 
 16, nays none, as follows : 
 
 Yeas — Messrs. John B. Brooke, Thomas J. M'Kaig, John 
 B. Smith, Coleman Yellott, John S. Watkins.Teagle Towns- 
 end, Stephen J. Bradley, James F. Dashiell, II. H. Golds- 
 borough, Charles F. Golilsborough, Daniel C. Blackistnne, 
 Franklin Whitaker, Tilghman Nuttle, Anthony Kimmel, 
 Oscar Miles, Washington Duvali — iO. 
 
 $500,000 MORE. 
 
 IN HOUSE OF DELEGATES. 
 
 May 9 — The House passed — yeas 56, nays 
 none, a bill giving authority to the Mayor and 
 City Council of Baltimore, to issue certificates 
 of debt to any amount not exceeding §500, 000, 
 in addition to the amount authorized to be 
 issued by section 939 of the fourth article of 
 the code of public laws. 
 
 May 10 — It passed the Senate — yeas 16, nays 
 
 INDEFINITE AUTHORITY TO RAISE MONEY. 
 
 April 27— Mr. Wallis, from the Special Com- 
 mittee of the Baltimore city delegation, report- 
 ed a bill "to add to the fourth article of the code 
 of public local laws the following se'^tions, em- 
 powering the Mayor and City Council of Balti- 
 more to raise and appropriate money for the 
 defence of the said city ;" which was passed — 
 yeas 58, nays none. 
 
 Same day, it passed the Senate — yeas 16, 
 nays none, as on the previous bill. 
 
 ACTS OF INDEMNITY. 
 
 IN THE HOnSE OF DELE0ATE3. 
 
 May 4 — Mr. Pitts, from Special Committee, 
 reported a bill, entitled " an act to relieve the 
 Mayor and Board of Police of the city of Balti- 
 more, and all persons who acted under the or- 
 ders of the Mayor or of the Board of Police of 
 Baltimore city, in their efforts to maiut.ain peace 
 and good order and prevent further strife, ou 
 and after the occurrences of the lOth April, 
 1861, in said city from prosecution in conse- 
 quence of their acts of obedience to said or- 
 der." 
 
 Pending the bill — 
 
 May 5 — Mr. Pitts offered these amendments; 
 which were adopted : 
 
 That no prosecuting attorney nor any ofBcer in anv court 
 in this State, shall be entitled to charge or receive any com- 
 pensation or cost in any prosecution which has been or may 
 be instituted against any person for whose relief the act ia 
 intended. 
 
 That this act may be given as evidence under the genera] 
 issue. 
 
 And the bill passed — yeas 43, nays none, as 
 follows : 
 
 Yeas — Messrs. Kilbourn, Sp'r, Durant, Morgan, Rasin, 
 Medders, Briscoe, Parran, Burgess, Ford, Denison, Reushaw, 
 Chaplain, Long, Lawson, Maxwell, Wotten, Landing, Den- 
 nis of Wor., Routzahn, Johnson, N.ii 11, Straughn, Golds- 
 borough, Warfield, Bruno, Winaiis, Pitts, Harrison, Tli"n]- 
 as, Wallis, Sangston, Morflt, Scott, Wilson of Har., Bayless, 
 Coudy, Eakle, liriniug. Stake, Barnard, Roop, Mills, Brown, 
 -^3. 
 
 May 8 — Under the suspension of the rules, 
 the bill passed — yeas 17, nays 2, (Kimmel and 
 Stone.) 
 
 June 20 — Mr. Mills, from the Mil'tary Com- 
 mittee, reported a bill entitled an act to repeal 
 
THE CONSPIRACY OF DISUNION. 
 
 397 
 
 sections 41, 42,43, 46, 47, 48, and 112, of article 
 LXIII, of tlie Code of Public General Laws, and 
 sections 741, 742, "745, of article IV, of the Code 
 of Local Laws of this State, in relation to the 
 uniformed and ununifornjcd militia and volun- 
 teer force in the several counties of this State, 
 and in the city of Baltimore and the reclama- 
 tion, custody, control, and redelivery of arms 
 heretofore delivered to the ofBcers and men 
 under them ; and to add to the said article 
 LXV of the Code of Public General Laws a sec- 
 tion providing for the prevention and suspen- 
 sion of proceedings upon bonds heretofore given 
 under the laws of this State for the return of 
 such arms ; which was agreed to — yeas 40 ; 
 nays 12. 
 
 The nays were Messrs. Medders, Keene, Mc- 
 Intire, Routzahn, Naill, Wilson, M'Coy, Fiery, 
 Stake, McCleary, Roop, Gorsuch — 12. 
 
 IN SENATE. 
 
 June 22 — The bill passed — yeas 12, nays 
 none. 
 
 PROTEST AGAINST THE WAR, AND RECOGNITION OF 
 
 REBEL INDEPENDENCE DEMANDED. 
 
 IN HOUSE OF DELEGATES. 
 
 May 9 — Mr. Wallis, from the Committee on 
 Federal Relations, reported these resolutions : 
 
 Whereas, in the judgment of the General Assembly of 
 Maryland, the war now waged by the Government of the 
 United States upon the people of the Confederate States is 
 unconstitutional in its origin, purposes and conduct ; repug- 
 nant to civilization and sound policy ; subversive of the 
 free principles upon which the Federal Union w-as founded, 
 and certain to result in the hopeless and bloody overthrow 
 of our existing institutions; and whereas, the people of 
 Maryland, while recognizing the obligations of their State, 
 as a member of the Union, to submit in good faith to the 
 exercise of all the legal and constitutional powers of the 
 General Government, and join as one man in fighting its 
 autlwrized battles, do reverence nevertheless, the great 
 American principle of self-government and sympathize 
 deeply with thdr Southern brethren in the noble and manly 
 determination to uphold and defend the same ; and whereas 
 not merely on their own account, turn away from their own 
 soil the calamities of civil war, but for the blessed sake of 
 humanity, and to arrest the wanton shedding of fraternal 
 blood, in a miserable contest which can bring nothing with 
 it but sorrow, shame, and desolation, the people of Mary- 
 land are enlisted with their whole hearts, upon the side of 
 reconciliation and peace; Now therefore, it is hereby 
 
 Resolved by the Chneral Assembly of Maryland, That the 
 State of Maryland owes it to her own self-respect and her 
 respect for the Constitution, not less than to her deepest 
 and most honorable sympathies, to register this, her solemn 
 protest, against the war which the Fedei-al Government has 
 declared upon the Confederate States of the South, and our 
 Bister and neighbor Virginia, and to announce her resolute 
 determinatiou to have no part or lot, directly or indirectly, 
 in its prosecution. 
 
 2. That the State of Maryland earnestly and anxiously 
 desires the restoration of peace between the belligerent 
 sections of the country; and the President, authorities and 
 people of the Confederate States having over and over offi- 
 cially and unofficially, declared, that they seek only peace 
 and self-defence and to be let alone, and that they are will- 
 ing to throw down the sword, the instant the sword now 
 drawn against them shall be sheathed, the Senators and 
 Delegates of Marj-land do fervently beseech and implore 
 the President of the United States, to accept the olive 
 branch w^ch is thus held out to him, and in the name of 
 God andofliumanity, to cease this unholy and most wretched 
 and unprofitable strife, at least until the assembling of the 
 Congress at Washington shall have given time for the prev- 
 alence of cooler and better counsels. 
 
 3. That the State of Maryland desires the peaceful and 
 immediate recognition of the independence of the Confed- 
 erate States, and hereby gives her cordial consent thereunto 
 as a member of the Union — entertaining the profound con- 
 viction that the willing return of the Southern people to 
 their former federal relations is a thing beyond liopo, and 
 that the attempt to coerce them will only add slaughter 
 and hate to impossibility. 
 
 4. That the present military occupation of Maryland, 
 
 being for purposes wliich, in the opinion of this Legislature, 
 aieiu flagrant violation of the Constitution, the General 
 A-^sembly of the State, in the name of her people, does 
 hirc-Iiv protest against the same, against the arbitrary re- 
 strictions and illegalities witli wliich it is attended, calling 
 upon a'l good citizens at the same tinif, in the mo;-t earnest 
 and authoritative manner, to abstain from all violent and 
 unliiwliil interference of every sort, with the troops in 
 tiaii:>it through our territory or (juartered among us, and 
 liaticnlly and peacefully to leave to time and reason t'i'j 
 ultimate and certain re-establishment and viudicution ''( 
 the right. 
 
 5. That under existing circumstances it is inexpedient tc 
 call a Sovereign Convention of the State at this time, or to 
 take any measures for the immediate org-anizalion for arm • 
 ing of the militia. 
 
 0. That when the Legislature adjourn, it adjourn to meet 
 
 at , on the day of next. 
 
 The report was accepted, and 10,000 copies 
 ordered to be printed — yeas 50, npys 11 
 
 May 10 — They were consid' red, aud xMr. 
 McCleary moved these as a substitute : 
 
 Whereas, it is right and proper, that the Gen iral Assem- 
 bly of Maryland should give such expression of opinion as 
 will call forth the united voice of the whole people of Mary- 
 land in the present emergency ; and the border States, with 
 the exception of Maryland, have already, through their 
 legislatures or conventions, defined their positions and 
 course of action : Therefore be it 
 
 Resolved by the General Assembly of Maryland, The pres- 
 sent position of Maryland in the Union, is that of strict . > n- 
 traliiy, and will remain unchanged so long as Washingtoi> 
 continues the seat of Government: Provided, the United 
 States affords ample protection to slaves and other property. 
 
 Resolved, That when the seat of the United States Gov- 
 ernment ceases to be at Washiugt-^n, and a division of the 
 country takes place, the people shall have the free right .and 
 choice of deciding which section they will be attached to, 
 by a free expression and decision of the popular will at the 
 ballot-box. 
 
 Which were rejected — yeas 13, nays 43, as 
 follows : 
 
 Yeas— Messrs. Medders, Lawson, Keene, Bliller, Jonathan 
 Routzahn, Salmon, Naill, Joshua Wilson of Hard, Bayless, 
 McCoy, Stake, David W. McCleary, Gor.-uch— 13. 
 
 Navs — Messrs. Kilbourn, Sp'r., Mor,;an, Rasin, Briscoe, 
 Compton, Ford, Jacobs, LandinacDenois of Wor'r, Kesslcr, 
 Claggett, Johnson, Sangston, Morfit, Scott, Coudy, Eakle, 
 Brining, Denison, Quintan, Renshaw, Chaplain, Uolland, 
 Bryan, Jones of P. G's, Legg, Starkey, Goldsborough, War- 
 field, Brune, Winans, Pitts, Harrison, Thomas, Wallis, 
 Fiery, Griffith, Hai'ding, Gordon, Barnard, Mills, Turner, 
 Brown— 43. 
 
 The blank in the resolutions reported, was 
 then filled by "Frederick," and "Tuesday, the 
 4th day of June, at one o'clock, p. m." 
 
 And the resolutions were then adopted — yeas 
 45, nays 12, as follows: 
 
 Yeas— Messrs. Kilbourn, Speaker, Morgan, Rasin, Briscoe, 
 Co*ipton, Ford, WortUin'^tcin. Ucnison, Quinlan, Renshaw, 
 Jones of Talbot.Cii. 1 ' ill. i i : inivl, Bryan, Wootteu, Legg, 
 Jones of PrincL' t. ■ :. ; . Jacobs, Landing, Dennis 
 
 of Worcester, K* 1 ;, .' ;i. Salmon. Goldsborough, 
 
 Warfield, Brunc, W i.:,,n.-, 1 lUs, Harrison, Thomas, Wallis, 
 Sangston, Morfit, Scott, Coudy, Eakle, Brining, Griffith, 
 Harding, Gordon, Barnard, Mills, Turner, Brown — 15. 
 
 Nats — Messrs. Medders, Lawson, Keene, Routzahn, Nail, 
 Wilson of Harford, Bayless, McCoy, Fiery, Stake, McCleary, 
 Gorsuch— 12. 
 
 IN SENATE. 
 
 May 14 — The committee recommended certain 
 amendments ; when these votes were taken : 
 
 The first resolution was adopted — yeas 11, 
 nays 3, as follows : 
 
 Yeas— Messrs. John B. Brooke, President, Wash.Duvall, 
 Thos. Franklin, J. F. Gardiner, John J. Heckart, Andrew A. 
 Lynch, Thomas J. McKaig, Teagle Townsend, John S. Wat- 
 kins, Franklin Whitaker, Coleman Yellott— 11. 
 
 Nays— Jlessrs. U. H. Goldsborough, Antbcny Kimmcl, 
 John G. Stone— 3. 
 
 The seconcf resolution was adopted — yeas 14, 
 (being all the above-named.) 
 
 The fifth resolution received all the above 
 votes, and the third and fourth passed — yeas 11, 
 nays 3, as tha first. 
 
S98 
 
 THE COxVSPIRACY OF DISUNION. 
 
 The amendment of the committee, substitut- 
 ing the following for the sixth: 
 
 That a committee be appointed to consist of four mem- 
 bers of the Senate and four members of the House of Dele- 
 gates, foiu- of whicli committee, (to be selected of them- 
 selves,) sliall as early as possible, wait on the President of 
 the United States at Washington, and the other four of said 
 committee shifll wait on the President of the Southern 
 Confederacy, for the purpose of laying the foregoing reso- 
 lutions before thtm, and that said committee be and is 
 hereby especially instructed to obtain, if possible, a general 
 cessation of hostilities, now impending, until the meeting 
 of Congress in July next, in order that said body may, if 
 possible, arrange for an adjustment of existing troubles by 
 means of negotiation, rather th;ui the sword. 
 ^ Resolved, Tliat said committee consist of Messrs. Brooke, 
 I'cllott, McKaig, and Lynch, of the Senate, and Messrs. 
 , , and , of the House of Delegates. 
 
 JResoh'cd, That said committee bo rcciuested to report, if 
 practicable, to the General Assembly, on the oth day of 
 June next. 
 
 Passed — yeas 11, nays 3, as before ; and the 
 resolutions, as amended, were then adonted by 
 the same vote. 
 
 May 14— The House filled the blanks with 
 the names of Harding, Morgan, Compton, and 
 Goldsboroiigh, and passed the resolution — yeas 
 24, nays 18, as follows : 
 
 Yeas — Messrs. Kilbourn, (Speaker,) Morgan, Ford, Quin- 
 lau, Renshaw, Jones of Talbot, Chaplain, Jones of P. G., 
 Siarkoy, Kessler, Straughn, Goldsborough, Wartield, Bruue, 
 Winans, Pitts, HiUTison, Thomas, Wallis, Sangston, Scott, 
 Griffith, Harding, Tiu-ner— 24. 
 
 Nays — Messrs. Welch, Worthington, Denison, Keene, 
 Holland, Maxwell, Landing, Claggett, Routzahn, Johnson, 
 Salmon, Morfit, Fiery, Barnard, McCleary, Roop, Mills, 
 Brown— 18. 
 
 RECOGNITION AGAIN DEMANDED. 
 
 June 10 — The House passed resolutions pre- 
 viously offered by Mr. Chaplain, after having 
 amended them to read as follows : 
 
 Resolved hy the General Assembly of Mart/land, That the 
 Representatives of the State of Maryland in the Congress of 
 the United States at the approaching extra session of thnt 
 legislative l)ody be, and they are hereby, earnestly desired 
 and requested to urge and vote for an immediate recognition 
 of the independence of the government of the Confederate 
 St;ite3 of America. 
 
 Resolved, Tliatthe Speaker of the House of Delegates and 
 the President of the Senate, together, forward to Hon. 
 James Alfred Pearce and Hon. Anthony Kennedy, the 
 Representatives of the sovereign State of Maryland in the 
 Senate of the United States, a copy of the report of the 
 Committee on Federal Relations and the accompanying 
 resolutions, together with these resolutions. 
 Yeas 31, nays 22, as follows : 
 
 Yeas— Messrs. Kilhourn, SpeaJcer, Durant, Morgan, Rasin, 
 Welch, Briscoe, Parran, Compton, Jones of Talbot, Chap- 
 lain, UoUanil, Maxwell, Bryan, Wootten, Legg, Starkey, 
 Landing, Kessler, Goldsborough, Wartield, Brune, Winans, 
 Harrison, Thomas, WalUs, Sangston, Morlit, Scott, Griffith, 
 Gordon, Mills— ;J1. 
 
 N.VYS— Messrs. Medders, Ford, Denison, Quinlan, Ren- 
 shaw, Dennis (jf .Somerset, Stanford, Lawson, Mclntiro, Mil- 
 ler, Routzahn, .Johnson, Salmon, Naill, Straughn, Wilson, 
 Eayless, McCoy, Fiery, Brining, McCleary, Qorsuch — 22. 
 
 IN SENATE. 
 
 June 22 — The Senate passed these resolutions 
 — yeas 9, nays 3, as follows : 
 
 Yeas— Messrs. Brooke, President, Blakistone, Dashiell, 
 Franklin, Gardiner, McKaig, Townsend, Watkins, Whita- 
 ker— 9. 
 
 Nays — Messrs. Dnvall, Ileckart, Lynch — 3. 
 
 THE "PUBLIC safety" BILL. 
 
 May 2 — It was taken up — yeas 14, nays 8, ag 
 follows: 
 
 Yevs — Messrs. Brooke, President; Blackistone, Dnvall, 
 Dashiell, Fraidclin, Grahame, Giirdinor, Ileckart, Lynch, 
 MeKaig, Townsend, Watkins, Whitaker, Yellott— 14. 
 
 Nays — Messrs. Bradley, Golds'jorougli of Talbot, Golds- 
 
 borough of Dorchester, Kimmel, Miles, Nuttle, Smith, Stoiw 
 —8. 
 
 Mr. Goldsborough of Talbot moved to amend 
 so as to give the power of appointment of the 
 commissioners provided for to the Governor, 
 one from each of the gubernatorial districts ; 
 rejected — yeas 6, nays 12. 
 
 Amotion to recommit was lost — yeas 10, nays 
 12. 
 
 Motions to adjourn, recommit, change the 
 names of the commissioners, were made and 
 lost. 
 
 May 3 — Mr. Goldsborough of Talbot moved 
 to give the people, on the 13th of June, the 
 election of three commissioners, one from each 
 gubernatorial district, which was lost — yeas 8, 
 nays 13, as follows: 
 
 Yeas— Messrs. Bradley, Grahame, Goldsborough of Talbog 
 Goldsborough of Dorchester, Kimmel, Nuttle, Smith, Stone 
 —8. 
 
 Nays — Messrs. Brooke, President; Blackistone, Dnvall, 
 Dashiell, Franklin, Gardiner, Ileckart, Lynch, Miles, Town- 
 send, Watkins, Wliitaker, Yellott— 13. 
 
 A like motion, for six commissioners, was 
 lost — yeas 8, nays 12. 
 
 On the section respecting disbursements of 
 money, Mr. Goldsborough of Talbot moved 
 this proviso: 
 
 Provided, That the same shall not extend to the exercise 
 of any powers for the disbursement of any moneys that may 
 be hereafter appropriated for the ;irming of the military 
 forces of this State and for the formation of any alliance 
 offensive or defensive, with any other State in this Con- 
 federacy. 
 
 AVhich was rejected — yeas 8, nays 12, as fol- 
 lows: 
 
 Yeas— Messrs. Bradley, Grahame, Goldsborough of Talbot 
 Kimmel, Miles, Nuttle, Smith, Stone— 8. 
 
 Nays — Messrs. Brooke, President ; Blackistone, Duvall, 
 Dashiell, Franklin, Gardiner, Ileckart, Lynch, Townsend, 
 Watkins, Whitaker, Yellott— 12. 
 
 Mr. Stone offered an additional section : 
 That no member of the board shall act as such, until he 
 has taken the same oath as is now administered to the 
 members of the Legislature. 
 
 Which was rejected — yeas 1, nays 12, as fol- 
 lows : 
 
 Yeas— Messrs. Bradley, Grahame, Goldsborough of Tal- 
 bot, Kimmel, Yuttle, Smith, Stone— 7. 
 
 Nays — Messrs. Brooke, President; Blackistone, Duvall, 
 Dashiell, Franklin, Gardiner, Heckart, Lynch, Townsend, 
 Watkins, Whitaker, Yellott— 12. 
 
 At this stage, and after a most obstinate con- 
 test, the bill was abandoned by its friends, and 
 Maryland was spared a bloody baptism. 
 
 Votes on Secession Ordinances* in 
 South Carolina, Florida, and Ar- 
 
 In South Carolina, it passed unanimously : 
 
 Yeas— Messrs. James H. Adams, Robert T. Allison, David 
 C. Appleby, Samuel Taylor Atkinson, Lewis Malone Ayer, 
 Jr R. W. Barnwell, A. I. Barron, Donald Rowe Barton, 
 Thomas W. Beaty, A. W Bethea, E. St. P. Bellinger, Simp- 
 son Bobo, Peter P. Bonneau, J. J. BrabhaiUjgAlexander 
 II. Brown, C. P. Brown, Jno. Buchanan, A. W. Burnett, 
 William Cain, John Alfred Calhoun, Joseph Caldwell, W. 
 H. Campbell, Meyrick K. Carn, James 11. Carlisle, James 
 Parsons Carroll, il. I. Caughman, W. C. Cauthen, Edgar W. 
 Charles, James Chesnut, Jr., Langdon Cheves. Kphraim M. 
 Clark, H. W. Conner, K. L. Crawford, William Curtis, A. 
 T. Darby, Julius A. Dargan, R. J. Davant, Henry Campbell 
 Davis, W. F. DeSaussure, Richard De Treville, Anthony W. 
 Dozier, Perry E. Duncan, Benjamin Fanueil Dunlun, A. Q. 
 Dunovant, R.G.M.Dunovant, Daniel DuPre, W. K. Easley, 
 
 3 note, page 7 ; and 
 
 * For Vote on Virginia Uramanc 
 a Tennessee League, note, page 5. 
 
THE CONSPIRACY OF DISUNION. 
 
 809 
 
 ■William J. Elli?, Thomas Reeso English, Sr., Chesloy D. 
 Evans, !^iull■u^ Fair, W. Peronneau Finley, Daniel Flud, Alex- 
 auclcr M. Kursii r, B B. Foster, John E. Franipton, James C. 
 Furiuan. Jas. .M. Uadberry, H. AV. Garliugton, John C. Gciger, 
 Wm. 11. Gist, Thos Worth eHuver, E. W. Goodwin, Rob. rt 
 N.Gourdin, T. L. Gourdin, H. D. Greon,Maxcy Gregg, Wil- 
 liam Gregg, William S. Grisham, Andrew J. Hammond, 
 Thomas M. Hanckol, William W. Harlee, James Harrison, 
 Isaac W. Uayne, E. R. Henderson, John H. Honour, Wil- 
 liam Hopkins, William Hunter, W. Ferguson Hutson, John 
 A. luglis, Jolm J. Ingram, Stephen Jackson, James Jeff- 
 eries, John Jenldus, Joseph E. Jenkins, William D. John- 
 son, Lawrence M. Keitt, Joseph Brevard Kershaw, Benja- 
 min F. Kilgore, John P. Kinnard, John II. Kinsler, John 
 G. Landruni, Benjamin W. Lawton, Andrew P. Lewis, R. C. 
 Logan, William Strother L.ylds, Edward McCrady, Henry 
 Mclver, John McKoe, Alexander Mr;Leod, A. G. Magrath, 
 Gabriel Manigault, John L. Manning. Benjamin Franklin 
 Mauldin, John Maxwell, Alexander Mazyck, John lingh 
 Means, C. G. Memmingor, John Izard MidUleton, William 
 Middleton, WilliamPorcher Miles, Thomas W. Moore, Rob- 
 ert Moorman, Matthew P. Moyes, Edward Noble, John N. 
 Nowell, John S. O'Hear, James L. Orr, John^ S. Palmer, 
 Francis S. Parker, Thomas Chiles Perrin, Joseph Daniel 
 Pope, Francis J. Porcher, John G. Pressley, Paul Quat- 
 tlebaum, Samuel Rainey, J. P. Reed, R. Barnwell Rhctt, 
 George Rhodes, F. D. Richardson. John P. Richardson, D. 
 P. Robinson, W. B. Rowell, B. H. Rutledgp, Ellas B. Scott, 
 E. M. Seabrook, George W. Seabrook, Benj. B. Sessions, fao. 
 M. Slangier, W. Pinkney Shingler, Thos Y. Simons, R. F. 
 Simpson, J. S. Sims, Jas. 0. Smiley, John Julius Pringle 
 Smith, P. G. Suowden, Albcrtiis Chiinibers Spain, L. W. 
 Spratt, A. Baxter springs, Peter St(jkes, Robert A. Thobip- 
 son, Thomas Thomsiai, John M. Timinuns, James Tompkins, 
 John TowiiBcnd, Theodore D. Wagner, John J. Wannama- 
 ker, David Lewis Wardlaw. Francis Hugh Wardlaw, W. D. 
 Watts, Thomas Weir, J. N. Wliitner, John D. Williams, 
 Isaac D. Wilson, J. H. Wilson, William Blackburn Wilson, 
 T. J. Withers, Richard Woods, Henry C. Young, David F. 
 Jamison, President — 170. 
 
 Nays — None. 
 In Florida, this was the vote : 
 
 Teas — Mr. President, Judge John C. McGehee, Messrs. 
 Alderman, Allison, Anderson, Baker of Calhoun, Barring- 
 ton, Beard, Bethel, Chanler, Collier, Coon, Coopir, Daniel, 
 Davis, Dawkiiis, Devall, Dilworth, Finegan, Fol.som, Gary, 
 Gettis, Wlaziei-, Golden, Helvenston, Ileury, Hunter, Irwin, 
 Kirksey, l.:iil(l, Lamar, Lamb, Lea of Madi.son, Leigh of 
 Sumter, Li'wis. Love, McGahagin, McLean, Mcintosh, Mc- 
 Nealy, Jlays, jlnrton, Newmans, Nicholson, Owens, Pal- 
 mer, Parkliill, I'elot, Pinckuey, Sanderson, Saxon, Sever, 
 Spencer, Siiiiiisnn, Solana, Stephens, Thomas, Tift, Turman, 
 Ward, Wright of Escambia, Wright of Columbia, Y'ates — 
 62. 
 
 Nat.s — Messrs. Baker of Jackson, Gregory, Hendricks, 
 McCaskill, Morrison, Rutland, Woodi-utf— 7. 
 
 Id Arkansas, the Convention adjourned March 
 21st, until the 19th of Augusf, 18G1, (see page 
 4,) but its President, David \Valker, as author- 
 ized in an exigency in his opinion requiring it, 
 on the 20th of April issued a Proclamation con- 
 vening it on the Gth of May — the reason given 
 being that " preparations are being made for a 
 war between the citizens of the free and the 
 slave States." 
 
 1861, May 6 — The question being on an ordi- 
 nance of secession, Mr. A. W. Dinsmore offered 
 this amendment : 
 
 And that the above ordinance be submitted to the citizens 
 of the State of Arkansas, for their acceptance or rejection, 
 by a writ of election, issued by the president of this Con- 
 vention, to be held on the 1st Monday of June next. 
 
 On motion of J. Henry Patterson, this amend- 
 ment was tabled — yeas 55, nays 15, as follows : 
 
 Yeas— Messrs. Alexander Adams, Charles W. Adams, 
 Thomas F. Austin, Milton D.Baber, Felix I. Batson, Thomas 
 H. Bradley, James W. Bush, H. Bussey, A. H. Carrigan, 
 Alexander M. Clingman, James W. Crenshaw, Wiley P. 
 Cryer, Jesse N. Cypert, Samuel W. Cochran, James S. Dol- 
 
 larhide, Philip R. Echols, H. ^l.^nagin, William W. Floyd, 
 Urban E. Fort, Robert T. Fuller, R. K. Garland, A. H. Gar- 
 land, Josiah Gould, W. P. Grace, Thonuis B. Hanly, Marcus 
 L. Hawkins, Benjamin F.Hawkins, L. D. Hill, Isii;ic llil- 
 liard, Burr H. Ilobbs A. W. Hobson, J. P. Johnson, M. Shelby 
 Kennard, Felix R. Lanier, G. W. Lai ghinghou.se, W. W. 
 Mansfield, William M. Mayo, J. Henry Patterson. Arcliiliald 
 Ray, J. A. Rho.t.s, Samuel Robinson, J. N. .Shelton, W. F. 
 Siemens, J. M. ^' i.il'-. ':• "1. ■ 1'. Smooto, W. II. Spivey, J. 
 Stillwell, Willi II, \'. illiam V. Tatum, James L. 
 
 Totten, Benj.iiHi r i ,, i;. T. Walke, I. 0. Wallace, 
 
 W. W. Watkin^, .' . ', I .Vj. 
 
 Nats— U. 11. r. i, .i.lio Campbell F. W. D.^Oia, A. 
 
 W. Dinsmore, I '• l- . n. W. .M. risl,li.-,e!;. S:.imu.-I L. 
 Griffith,!. M.<. ,: . .-.> ■:. 1 Kellev. J. .Muri.liv, .luliuP. 
 A. Parks, S. J. ^^^l. m . Ilii :li F. Th.'.musoii, Je.,;,e Turner, 
 David Walker, rn's.'dei.t—lij. 
 
 The Ordinance of Secession tlien p-issed— yeas 
 65, nays 5, as follows: 
 
 Yeas — Messrs. Alexander Adams, Charles W. Adams, 
 Austin, Baber, Batson, Bradlev, Bu.sh, Bussev, Carrigan, 
 
 Clingman, Cren.^haw, Crver, Cyp-it, Cclmni. D.^^ba, Dins- 
 more, IK„ls(.n, li..ll:ii-l.iiL , r h. I .!■; ii- :;. K.i- ,,i; _:,,,ri„vd. 
 
 Fort, Fill I er. It. K. i;,- ; .n ' ' , il. lirace, 
 
 Griffith, H.iiilv.Miir'u I., i; .v., n :, ; , : i i: ^v.'khiR, 
 
 Hill, HllliM.-i; li. I.:... i; n, .l.^ini-Mi,, Ix. Mli,;.M l.aiiier, 
 
 Laugle.i h II -, 'I i, I I . Miiyo, l':iiks, J. Henry Patter- 
 son, K: ! I' I i ■: ill, Shelton, Slemons, Smith, 
 Smo.-t.. ;n 111 . Millwoll, Stout, Tatum, Thoma- 
 son.Jnii- !,, i,:i_ II, 1. iriimin C. Totten, Turner, E. T. 
 Walker, Wallace, Watkius, Yell, and David Walker, Presi- 
 dent— 65. 
 
 Nats — Messrs. Bolingor, Campbell, Gunter, Kelley, Mur- 
 phy— 5. 
 
 On the President urging unanimity, Messrs. 
 Bolinger and Campbell changed their votes to 
 aye, with the explanation '"that they voted 
 against the ordinance as pledged to the people, 
 but to secure unanimity changed, at the same 
 time denying the right of secession ;" Messrs. 
 Kelley and Gunter changed to aye, with the 
 explanation that they " were in favor of revo- 
 lution, but ignored the right of secession." 
 Mr. Fishback explained his vote. As declared, 
 the yeas were 69, nay 1 — Mr. Isaac Murphy, 
 now Governor of the free State, who also 
 refused to sign the ordinance after its passage. 
 The names ot 11. Jackson, Joseph Jester, and 
 H. W. Williams are not appended, though they 
 are among the yeas. Craighead county was not 
 represented. J. II. Stirman was permitted to 
 affix his name, May 14. 
 
 Elias C Boudiuot was Secretary of the Con- 
 vention, with John P. Jones as assistant. Ben- 
 jamin F. Arthur was clerk of the South Caro- 
 lina Convention, and Albert R. Lamar secretary 
 of the Georgia. 
 
 REBEL ITEMS. 
 
 The Legislature of Georgia and Mississippi 
 have passed resolutions disapproving, as un- 
 constitutional, the bill suspending the privilege 
 of the writ oi habeas corpus, and demanding its 
 repeal. 
 
 Alabama is reported to have furnished 40,000 
 men to the army ; Florida, 4,000 ; Georgia, 
 54,000 ; Louisiana, 36,000 ; Mississippi, 40,000 ; 
 North Carolina, 25,000; South Carolina, 25,- 
 000; Texas, 29,000; Tennessee, 34,000; Vir- 
 ginia, 103,000; Arkansas, 28,000; Kentucky-, 
 20,000; Maryland, 20,000; Missouri, 35,000; 
 total, 501,000. The estimate of Maryland must 
 be excessive. 
 
THE REBEL ADMINISTRATION. 
 
 The "Provisional." 
 
 Febeuart 18, 1861, TO Februakt 18, 1862. 
 Those formerly members of the Congress of 
 the United States are italicized. 
 JPirsident — Jeffcrsnn Davis, of Mississippi. 
 Vice President— Alexander H. Stephens, of Georgia. 
 THE CABINET. 
 Secretary of Stater— Robert Toombs, of Georgia, from Febru- 
 ary 21 to July 39 ; resigned, and succeeded by Robert 
 M. T. Hunter, of Virginia. 
 Secretary of the Treasi(r)/— Charles G. Memminger, of South 
 
 Carolina, from February 21. 
 Secretary of War — Leroy Pope Walker, of Alabama, from 
 February 21 to September 10; resigned, .and succeeded 
 by Jiulah P. BrMJamin, of Louisiana. 
 Secretary of the Navy — Stephen R. Mallory, of Florida, from 
 
 March 4. 
 Attorney General — Judah P. Benjamin, of Louisiana, from 
 February 21 to September ; resigned, and succeeded by 
 Thomas II. Watts, of Alabama. 
 Postmaster General—John IT. Reagan, of Texas, from 
 March 6, Henry J. EUet, of Mississippi, first appointed, 
 having declined. 
 
 MEMORANDUM. 
 
 Secretary of War — It was reported that the position was 
 offered to General Braxton Bragg, of Louisiana, but de- 
 clined, after Mr. Walker's resignation. 
 
 Sf^etary of the Navy— Wso, that John Perkins, Jr., of 
 Louisiana, Wcos first appointed, but declined. 
 
 Mr. Toombs was appointed a brigtidier general in July, 
 1861, and Mr. W.alker August 20, 1861. 
 
 The President and Vice President were elected by th* Con- 
 gress, Fcliniary 9, 1801, receiving the unanimous vote 
 of the six States then composing the Confederacy. 
 
 THE CONGRESS. 
 
 The Deputies who organized the Confederacy 
 at Montgomery remained in office one year, the 
 " permanent" Government having been insti- 
 tuted in February, 1862. 
 
 There were four sessions of that body : 
 
 The first at Montgomery, from February 4 to March 16, 
 IFOl. 
 
 The second at Montgomery, from Jlay 6 to May 21, 1861. 
 
 The third at Richmond, from July 20 to September 2, 
 1801. 
 
 The fmrlh at Richmond, from November 18, 1861, to Feb- 
 ruary 17, 1862. 
 
 The following are the names of members : 
 President — FTowi'll Cobb, of Georgia. 
 Alabaina'^—RobcTt II. Smith, Richard Wilde Walker, Colin 
 
 J. MrRae, John Gill Shorter, William P. Chilton, 
 
 Stephen F. Ilalc, David P. Lewis, Thomas Fearn, 
 
 ./abez L. M. Curry. 
 Arkansas' — Robert W. Johnson, Albert Rust, Augustus II. 
 
 Garland, William W. Watldns, Hugh F. Thomasson. 
 Florida*— Jackson Morton, J. Potion Anderson, James B. 
 
 Georgia*— Robert Toombs, Howell Cobb, Francis S. Bartow, 
 Martin J. Crawford, Engenius A. Nisbet, Benjamin H. 
 Ilill, Augustus R. Wright, Thomas R. R. Cobb, Augus- 
 »' tus II. Kenan, Alexander H. Stephens. 
 
 Kentucky*— Henry C. Burnett, John Thomas, Theo. L. Bur- 
 nett, S. H. Ford, Thos. B.Johnson, Geo. VV.E wing, D.V. 
 White, J. M. Bllictt, M. S. B. Munroe, G. B. Hodges. 
 
 Louisiana — John Perkins, Jr., A.de Clouet, Charles M. Crm- 
 rad, Duncan F. Keuner, Edward Sparrow, Henry Mar- 
 shal. 
 
 Mississippi — Wiley P. Harris, Walter Brooke, W. S. Wilson, 
 A. M. Clayton, William S. Barry, James T. Harrison. 
 J. A. P. Campbell. 
 
 i/mozi;-!!*— William II. Cook, Thomas A. Harris, Caspar W. 
 Bell, A. II. Conrow, George G. Vest, Thomas W. Free- 
 man. Samuel Hyer. 
 
 North Carolina'^ — George Davis, William W. A verv, William 
 N. H. Smith, Thomas Ru^in, Thom.as D. McDowell, 
 Abram W. Venable, John M.MorehQMX, Robert C. Pur- 
 year, Burton Ciaige, Andrew J. Davidson. 
 
 South Carolina*— R. Barnwell Rheit, Sr., Robert W. Barn- 
 well, Lawrence M. Keitt, James Cheswit, Jr., Charles (i. 
 Memminger, William Porcher Miles, Thomas J. With- 
 ers, William W. Boyce. 
 
 Tennessee* — W. 11. DeWitt, Robert L. Caruthers, James H. 
 Tliomas. Thomas M. Jones, John F. House, John D. C. 
 Atkins, David M. Currin. 
 
 Texas*— Louis T. Wigfall, John H Reaqan, John HemphiU, 
 T. N. Waul, William B. Ochiltree, W. S. Oldham, John 
 Gregg. 
 
 Virginia* — James A. Seddon, William Ballard Preston-, 
 Robert M. T. Hunter, John Tyler, Sr., William H. Mac- 
 farland, Roger A. Pryor, Thomas S. Bocock, WiUiam C. 
 Rives, Robert E. Scott, Jam^s M. Mason, J. W. Brockcn- 
 brough, Charles W. Russell, Robert Johnson, Waller 
 R. Staples, Walter Preston. 
 
 MEMORANDUM. 
 
 J. Johnson Hooper, of Alabama, was Secretary of the Con- 
 gress. 
 
 Alabama— DayiA P. Lewis and Thomas Fearn, elected De- 
 puties, were succeeded during the year by II. C. Jones 
 and Nicholas Davis, Jr. Mr. Shorter w.ts elected 
 Governor in November, 1861. Mr. McRae was after- 
 wards appointed a brigadier general, and is now ihft 
 cotton loan agent in Paris. Mr. Yancey was nominated 
 for, but declined election to, the Provisional Congress, 
 and was sent to Europe to negotiate for " Confederate" 
 recognition. 
 
 ^rA-ansas— Admitted, at second session, in May, 1861. 
 
 Florida— 3. Patton Anderson resigned early in the term, 
 and was succeeded by G. T. Ward. 
 
 Georgia— Ut. Toombs resigned, February 21, to become 
 Provisional Secretary of State; in July was appointed 
 a brigadier general." Mr. Howell Cobb subsequently 
 became brigadier general, and now is a major general. 
 Mr. Crawford subsequently became a cavalry ce*jnel in 
 the army, and was onco a prisoner. Mr. Thomas R. R. 
 Cobb became colonel of the Georgia Legion late in 1801 
 or early in 1862, and was killed at the first FrcdericUs- 
 burg battle, December 13, 1862. Mr. Stephens accepted 
 the Vice Presidency, February 11, 1861. 
 
 Kentucky— A(\m\tlci\, at fourth session, in December, 1861. 
 
 i/^(Ssouri— Admitted, at fourth session, in December, 1861 ; 
 
 * See memorandum at the close of the list. 
 400 
 
THE REBEL ADMINISTRATION. 
 
 401 
 
 the Delegates were self-elected, and hold over the first 
 Coni^ress. Mr. Ilyer is reported to have taken the oath 
 of allegiance to the Government of tho United States. 
 
 Korth Carolina — These Delegates v.-erc elected by the Con- 
 vention, Juno 18, ISOl. Mr. Iluffin afterwards became 
 •I cavalry colonel, and died in tho spring of 1S64, a 
 prisoner in Alexandria, Va., of wounds received in 
 ba.tle. 
 
 South Carolina — Mr. Memminger became Secretary of tho 
 Trea^ary, February 21, ISGl. Mr. Keitt died in Rich 
 mond. Tune 2, 1S64, of wounds received May 31 in bat- 
 tle, coli^nel of the 20th South Carolina regiment. Mr. 
 Chesnul lervcd as aid to Beauregard at the bombard- 
 ment of oumter; and Mr. Miles as an aid at tho battle 
 of Bull Run. 
 
 Tennessee — Aamitted, at second session, in May, 1S61 ; mem- 
 bers took vbeir seats at the third session. 
 
 Texas — Admitt^, at first session, March 2, 1861. Mr. Rea- 
 gan resigucJ to become Postmaster General, March 6, 
 1861. Mr. Wigfall was appointed a brigadier general, 
 October 29, 1 JOl, but did not yield his seat in the " Pro- 
 visional" or >he "Permanent" Congress. Mr. Hemp- 
 hill died January 4, 1862. 
 
 Virginia — Admitted, at second session, May 7, 1861, when 
 Messrs. Brockenbrough and Staples took their seats ; 
 tho others w.^ro sworn at the third session, at Rich- 
 mond, July 20, 1861. Mr. Hunter became Secretary of 
 State, July 30, and resigned. Mr. Slason resigned in 
 the fall of 186] to go to England, and November 19 the 
 State Conveuti<» elected Alexander li. Botelcr to suc- 
 ceed him. 
 
 The "Permanent" Administration. 
 
 From February 19, 1862. 
 President — Jefferson Davis, of Mississippi. 
 Vice President — Aleau,nder H. Stephens, of Georgia. 
 THE CABINET. 
 
 CoNFiHMED, March 23, 1862. 
 
 Secretary of State — Judah P. Benjamin, of Louisiana. 
 
 Secretary of the Treasury — Charles G. Slemminger, of South 
 Carolina; resigned, in June, 1864, and succeeded by 
 George A. TrenholiK, of South Carolina. 
 
 Secretary of War — GeurgaW. Randolph, of Virginia; re- 
 signed, and succeeded by James A. Seddon, of Vir- 
 ginia. 
 
 Secretary of the Navy — Stephen R. Mallory, of Florida. 
 
 Attorney General — Thomus 11. Watts, of Alabama; resigned 
 on election as Goveriijr of Alabama, in November, 1863, 
 and succeeded by George Davis, of North Cai'olina. 
 
 Postmaster General— John. U. Reagan, of Texas. 
 MEMOEANDUM. 
 
 Mr. Randolph was appointed a colonel of Virginia troops 
 by Governor Letcher, iu th» fall of 1861 ; tendered his 
 resignation but withdrew it, and in November of that 
 year appointed a brigadier general, and assigned to tho 
 command of the district between Suffolk, in Nanse- 
 mond, and Weldon, on the Roanoke ; ho was a candi- 
 date for Congress in November, 1861, but withdrew on 
 tho morning of the election. 
 
 Mr. Memminger was born in Wirtcmberg, Germany, Janu- 
 ary 7, 1803 ; was brought to this country when nine 
 years old ; was early left an orphan ; adopted by Gover- 
 nor. Thomas Bennett, and educated in South Carolina 
 college, graduating in 1820; began the practice of law 
 in 1825 ; in 1832-33 he was against nullification ; for 
 nearly twenty years he was at the head of the Finance 
 Committee of the lower house of the Legislature of 
 South CaroUua, retking in 1852 ; he filled other State 
 
 THE FIRST CONGRESS. 
 
 February, 1862, to February, 1864. 
 
 It held four sessions : 
 
 IhQ first from February 18 to April 21, 1S62. 
 
 Tho sccmd from August 12 to October 13, 1862. 
 
 The third from Janu;u-y 12, 1863, to May — , 1863. 
 
 The/oMrt/i from December 7, 1863, to February 18, 1864. 
 SENATORS. 
 Alabama*— William L. Yancey, Clement C. Clay, Jr. 
 Arkansas* — Robert W. Johnson, Charles B. Mitchcl. 
 Flm-ida — James M. Baker, Augustus E. Maxwell. 
 Georgia* — Benjamin II. Hill, Robert Toombs. 
 Kentucky — Henry C. Burnett, William E. Simras. 
 Louidana — Edward Sparrow, Thomas J. Semmes. 
 Mississippi* — Albert G. Brown, James Phclan. 
 
 See memorandum at ; 
 26 
 
 end of the list. 
 
 Missouri — John B. Clark, Robert L. T Peyton. 
 North Carolina*— GcoTi;n D;ivis, William T. Dortch. 
 South Carolina — Robert W, li.innvcll, Jam-.s L. Orr. 
 Tennessee* — Landon C. Ilayne.s, Guatavus A. Henry. 
 Virginia*— Robert M. T. Hunter, William Ballard Preston 
 Texas— Louis T. Wig/all, WilUam S. Oldham. 
 
 MEMORANDUM. 
 
 JciTorson Davis was inauppirated as " Permanent" President 
 of the " Confederate" States, February 22, 1862, in Rich- 
 mond. 
 
 On the first day of the session, Vice President Stephens pre- 
 siding, Robert M. T. Hunter, of Virginia, was elected 
 President pro tempore ; James H. Nash, of South Caro- 
 lina, Secretary ; and James Page, of North Carolina, 
 Doorkeeper. 
 
 Alabama — Mr. Yancey died, and Robert Jemison was elected, 
 August 22, 1863, to tho vacancy. 
 
 Arkansas— Mr. Mitchel had been elected, shortly before 
 secession, to tho United States Senate for six years, 
 from March 4, 1861. 
 
 Georgia— Mr. Toombs having accepted a brigadier's com- 
 mission did not take his seat, and he was succeeded, 
 March, 1S62, by Dr. John W. Lewis, appointed by Gov- 
 ernor Brown, and, December, 1862, by Herschel V. John- 
 son, elected by tho Legislature. 
 
 Mississippi— Mr. Brown, when elected, was captain of a 
 company in the 17th Blississippi volunteers. Mr. Wal- 
 ter Brooke was at first announced elected over Mr. 
 Phelan, but the latter appeared and was qualified at 
 the first session. 
 
 North Carolina — Mr. Davis, when he rosisned to become 
 Attorney General, was succeeded by William A. Gra- 
 ham. 
 
 Tennessee—Mr. Henry, early in 1862, was A. A. G. on Gen- 
 eral Pillow's staff. 
 
 Virginia— Mr. Preston was succeeded, January 28, 1863, by 
 Allen T. Caperton. 
 
 REPRESENTATIVES. 
 
 Speaker— Thomas S. Bocock, of Virginia. 
 
 ^Zabamo— Thomas J. Foster, William R. Smith, John P. 
 
 Ralls, Jabez L. M. Curry, Francis S. Lyon, William P. 
 
 Chilton, David Clopton, James L. Pugh, Edward S. 
 
 Dargan — 9. 
 ^riansas*— Felix I. Batson, Grandison D. Royston, Augus- 
 tus H. Garland, Thomas B. Ilanlev— 4. 
 i^Zonda— James B. Dawkins, Robert 15. Hilton— 2. 
 Gecrrgia—Jnlien Hartridge, C. J. Munncrlyn, Ilines Holt, 
 
 Augustus II. Kenan, Daniel W. Lewis, William W. 
 
 Clark, Robert P. Trippe, Lucius J. Gartrell, Hardy 
 
 Strickland, Augustus R. Wrinht—IQ. 
 Kentucky*\—Vfimt B. Machon, John W. Crockett, Henry 
 
 E. Read, George W. Ewing, James S. Chrisman, Theo- 
 dore L. Burnett, H. W. Bruce, G. B. Hodge, Ely M. 
 Bruce, James W. Moore, Robert J. Breckinridge, Jr., 
 John M. Elliott— V2. 
 
 Louisiana — Charles J. Villere, (diaries M. Conrad, Duncan 
 
 F. Kenner, Lucius J. Dupro, Henry Marshall, John 
 Perkins, Jr. — 6. 
 
 Mississippi*— J. W. Clapp, Reuben Davis, Israel Welsh, 
 
 * See memorandum at the end of the list. 
 
 f Members sworn August 18, 1862. The Pro\isional Le- 
 gislature of Kentucky thus districted tho State: 
 
 First District — Fulton, Hickman, McCracken, Graves, Cal- 
 loway, Marshall, Livingston, Lyon, Caldwell, Trigg, 
 Ballard. 
 
 Second />/,-.Y)-(V?— Union, Webster, Hopkins, Christian, Todd, 
 lltiil II. Ii i\ .1 s Miililcnburgh, Crittenden. 
 
 Third / 1 li '"U, Ohio, Graj-son, Breckinridge, 
 
 M-:.. . . II ' . I 111.', r.nller, Hart. 
 
 Fourth I'' '■■■• ' !. ,: III, Simpson, Allen, Monroe, Barren, 
 Edmoudson, Warren, Metcalfe. 
 
 Fifth Z>js<ne< — Cumberland, Clinton, Wayne, Pulaski, 
 Casey, Lincoln, Taylor, Green, Adair, Russell. 
 
 Sixth Distnct — Spencer, Bullitt, Nelson, Washington, Ma- 
 rion, Mercer, Boyle, Garrard, Anderson. 
 
 Seventh />w<rict— Jelferson, Shelby, Oldham. 
 
 Eighth District— Henry, Trimble, Carroll, Boone, Gallatin, 
 Grant, Kenton, Campbell. 
 
 Ninth District — Pendleton, Bnickon, Nicholas, Harrison, 
 Bourbon, Fleming, Mason. 
 
 Tenth District — Bath, Lewis, Greenup, Boyd, Carter, Law- 
 rence, Montgomery, Powell, Morgan, Rowan, Wolfe, 
 Estill, Magoffin. 
 
 Eleventh District — Franklin, Woodford, Jessamine, Fayette, 
 Madison, Clarke, Owen, Scott. 
 
 Twelfth District— RockcMiUe, Knox, Harlan, Laurel, Whit- 
 ley, Clay, Perry, Owsley, Letcher, Breathitt, Floyd, 
 Pike, Johnson, Jacksun. 
 
40: 
 
 THE REBEL ADMINISTRATION. 
 
 Henry C. Chambers, Otho R. Singleton, Etlielbcrt Carks- 
 dale, Ji,/,n J. Mcliae—'. 
 
 Mis.fouri—'Ebomiui A. Iluiris, Casper W. Bell, A. II. Con- 
 row, George G. Vest, Thomas W. Freeman, William II. 
 Cook— G. 
 
 North Ciri,litia—W. N.H.Smith, Robert R. Bridgers, Owen 
 R. Kenan, Tliomas D. McDowell, A. II. Arriugton, J. B. 
 McLean, Tlminas S. Ashe, William Lander, Burgess S. 
 Gaither, A. J. Daviilson— 10. 
 
 South Carolina* — Jokn McQueen, William Porchrr Miles, 
 Milledpe L. Ijenham,Wi\UMn D.Simpson, James Far- 
 row, William W. Bonce— 6. 
 
 TenHessee*— Joseph B. Ilciskcll, AVilliam G. Swan, William 
 B. Tibbs, E. L. Gurdenhirc. n-nrij S. Poole, Meredith P. 
 Gentry, George W. Jones, Thomas Jlcnees, John D. V. 
 Atkim, John V. Wrijht, D.ivid M. Currin— 11. 
 
 Texaf*—Jolin A. Wilcox, Clark C. Herbert, Peter W. Gray, 
 Frank B. Sexton, Malcolm D. Graham, William 15. 
 Wri-ht— 6. 
 
 Virginia* — Miiscoe R. H. Gamett, John R. Chambliss, James 
 Lyons, Roger A. Pri/or, Tiiovias S. iJococ/^-, John Goode, 
 Jr., James P. Ilolconibe, Dan'l C. De Jarnette, Willitm 
 Smith, Alexander P. Br.teler, John B. Baldwin, Wilier 
 R. Staples, Walter Preston, Albert G. Jenkins, Robert 
 Johnston, Charles W. Russell— 16. 
 
 October 9, 1S62, at the second session, Elias C. Boudinot 
 was admitted a delegate from the Cherokee nation. 
 
 MEMOKANDUM. 
 
 Emmet Dixon, of Georgia, was elected Clerk of the House, 
 and 11. II. Wynn, of Alabama, Doorkeeper. 
 
 Arkani^as — Mr. Garland's seat was contested by Jilson P. 
 Johnson. 
 
 Kentucky — Mr. Hodges was not sworn until August 16, 
 18G2. 
 
 Mississippi — Mr. Davis resigned, and was siicceeded by 
 William D. Holder. 
 
 South Carolina — Mr. Bonham was elected Governor in Jan- 
 uary, 1863, and was succeeded by Lewis M. Ayer. 
 
 Tennessee — Mr. Currin died during the Congress, after hi3 
 election to the second Congress. 
 
 Texas — Mr. Wilcox died dui-ing the Congress, after his elec- 
 tion to the second Congress. 
 
 Virginia — Mr. Oarnett dud, January 12, 1864. Mr. Pryor 
 was appointed a brigadier s'e"<'r:'l in the fall of 1SG2, 
 and was succeeded by C'li-ili ^ F. (i llicr. Jlr. Smith 
 
 accepted a colonel's cm Nsi-in, \v:is sucre 'ded liy 
 
 David Funsten, and was eleilrd (iovcnim- in 1S63. Mr. 
 Baldwin was appointed a colonel of Virginia troops in 
 the fall of 1861, by Governor Letcher. Jlr. Jenkins 
 was appointed brigadier general, and resigned in June 
 or July, 1862; wassucceeded by Samuel A. Miller; and 
 died in the summer of 1S61, in Southwestern Virginia, 
 of wounds received in battle. 
 
 THE SECOND CONGRESS. 
 
 February 19, 1864, to February 18, 1866. 
 
 The first session closed June 15; the second began Nov. 7. 
 
 SENATORS. 
 
 The following are the changes from the first 
 
 Congress : 
 
 ^Jabama— Richard Wilde Walker, in place of Clement C. 
 
 Clay, Jr. 
 Jfwsiss/i^jrt— J. W. C. Watson, in place of James Phelan. 
 ^rt-ansas*- Augustus H. Garland, in place of Dr. Charles B. 
 
 Mitchel, deceased. 
 Missouri* — Waldo P. Johnson, in place of Mr. Peyton ; and 
 L. M. Louis, in place of Mr. Clark. 
 
 MEMORANDUM. 
 
 Arkansas— ^1t. Garland was elected September 27, receiv- 
 ing, according to the Wasliington (Ark.) Telegraph, on 
 the first ballot, 28 votes, Albert Pike receiving 14, and 
 Alfred B. Greenwood 1. Mr. Garland's vacancy in the 
 House hits not yet been filled. 
 Missouri — L. M. Louis was elected Senator, in the recess 
 between the first and second sessions. 
 The officers of the Senate are: J. II. Nash, of South Caro- 
 lina, secretary ; E. H. Stevens, of South Carolina, assistant 
 secretary; C. T. Bruen, of Virginia, journal clerk; J. W. 
 Anderson, recording clerk; Lafayette II. Fitzhugh, of Ken- 
 tucky, sergeant-at-arms; James Page, of Narth Carolina, 
 doorkeeper. 
 
 REPRESENTATIVES. 
 Speaker— Tliomas S. liocock, of Virginia. 
 
 Alabama— "Thomas J. Foster,* William R. Smith.* Willianv- 
 son R. W Cobb,j- Marcus II. Crnikshank, F/'ans S. 
 iyo»,« William P. Chilton,* David Clopton,* James L. 
 Pugli,* J. S. Dickinson— 9. 
 
 Arkansas* — Felix I. Batson,* Rufns K. Garland, Augustus 
 H. Garland,* Thomas B. Hanloy* — 4. 
 
 Florida— St. George Rogers, Robert B. Hilton*— 2. 
 
 Georfiia — .lulien Ilartridgc,* William E. Smith, Miirk II. 
 Blunford. Cliflbrd Anderson, J. T. Shewmake, J. II. 
 Echols, James M. Smith, II. P. Cell, George N. Lester, 
 Warren Aiken— 10. 
 
 Kenlucky—\S iWic B. Machcn,* George W. Triplett, Henry 
 E. Read,* George W. Ewing,* James S. Chrismcn,* The- 
 odore L. Burnett,* II. W. Uruce,* Humphrey Marshall, 
 Ely M. Bruce, James W. Moore,* Benjamin F. Bradley, 
 John M. Elliott*— i2. 
 
 Louisiana* — Charles J. Villere,* Charles M. CoDirad,* Dun- 
 can F. Kenner,* Lucius J. Dupre,* B. L. Hodge, John 
 Perkins, Jr*—6. 
 
 Missisr.ippi— John A. Orr, William D. Holder,* Israel 
 Wi'lsh,* Henry C. Chambers.* Otho R. Singkton,* Ethel- 
 bert Barksdale,* J. T. Lumpkin — 7. 
 
 Jl/ti-.soifrt*— Thomas L. Snead, N. L. Norton, John B. Clark, 
 A. H. Conrow,* George G. Vest,* Peter S.Wilkes, R.A. 
 Ibttcher— 7. 
 
 Nvrth Carolina— William N. H. Smith,* Robert R. Bridgers,* 
 J. T. Leach, Thomas C. Fuller, Jo.siah Turner, i\:.,Jolin 
 A. Gilmer, James M. Leach, James G. Ramsay, Burgess 
 S. Gaither,* George W. Logan— 10. 
 
 SouUi Carolina-James M. Witherspoon, William Porcher 
 Mils* Lewis M. Ayer,* William D. Simpson,* James 
 Farrow,* William W.Boyce^^-G. 
 
 Tennessee" — Joseph B. Heiskell,* William O. Swan,* A. S. 
 Colyer, John P. Murraj', Henry S. Foote* F. A. Keeble, 
 James JlcCallum, Thomas Menecs,* Ju/in D. C.Atkins,* 
 John r. Wright,* Michael W. Cluskev— 11. 
 
 Texas*— Stephen II. Darden, Claiborne C. Herbert,* A. M. 
 Branch, Frank B. Sexton,* J. R. Baylor, S. H. Mor- 
 gan— 6. 
 Virginia— Ylcibert L. Montague, Robt. H. Whitfield, Willi.am.s 
 C. Wickham, Thomas S. Oholson, T/iomas S. Bocock,* 
 John Goode, Jr.,* William, C. Rires, Daniel C. De Jar- 
 nette,* David Funsten,* F. W. M. Holladav, John B. 
 Baldwin,* AValler R. Staples,* Fayette McMullen, Samuel 
 A. Miller,* Robert Johnston,* Charles W. Kussell*— 16. 
 
 DELEG.VTES. 
 
 Arizona — M. II. Macwillie. 
 
 Cherokee Nation — E. C. Boudinot. 
 
 Choctaw Nation — R. M. Jones. 
 
 Creek and Seminole Nations— S. B. Callahan. 
 
 MEMORANDUM. 
 Arkansas — Augustus H. Garland between the two sessions 
 
 was elected a Senator in place of Mr. Mitchel, deceased. 
 
 His vacancy in the House has not yet been filled. 
 Louisiana — B. L. Ilodge, sitting at the first session, was not 
 
 a member at the second, and the vacancy has not been 
 
 filled. 
 Missouri — Messrs. Snead. Norton and Wilkes were elected 
 
 during the recess between the two sessions. 
 Tennessee — Michael W. Cluskey was elected during the 
 
 recess to Mr. Currin's vacancy. 
 Texas — Stephen H. Darden was chosen between the two 
 
 sessions to the vacancy caused by the death of Mr. 
 
 Wilcox. 
 The oflicers of the House are: Albert R. Lamar, of 
 Georgia, clerk; James McDonald, Do Louis Dalton, Henry 
 C. Lowring, assistant clerks; R. H. Wynn, of Alabama, 
 doorkeeper. 
 
 Those marked thus * were members of the last House. 
 
 ' States marked thus * see memorauilum at the end of each 
 list. 
 
 i" 1864, May 3— Mr. Chilton ottered this resolution, which 
 was adopted — yeas 60, nays 6 : 
 
 Wliersas, the report is in circulation and has found its 
 \.^ay into the public prints impugning the loyalty of the 
 Hon. Williamson R. W. Cobb, member elect of this House 
 from the State of Alabama, and tending to show that he is 
 in complicity with and giving aid and comfort to the ene- 
 mies of the Confederate States, and therefore unfit to be a 
 representative of a loyal constituency ; Therefore, 
 
 Resolved, That a committee of five members be appointed 
 by the Speaker to in(iuire into such reports, and to collect 
 and report upon the testimony bearing upon the loyalty or 
 disloyalty of said member, and report the same to this 
 House, with such recommendation as to its further action 
 in the premises as to said committee shall seem proper; 
 and that Mr. Cobb bo notified by the coniuiittee, if piaeti- 
 cable, of the sitting of the committee, and tliat said com- 
 mittee have power to send for persons and i)apers. 
 
 Mr. Cobb has since come within our lines, and, at the 
 present session, Novuuiber 17, was expelluU from the House. 
 
NATIONAL POLITICAL CONVENTIONS. 
 
 Union National Convention. 
 This body met at 12 o'clock, noon, on Tues- 
 day, June 1, at Baltimore, in accordance with 
 the call of the National Executive Committee : 
 
 The undersigned, who by original appointment, or subse- 
 quent designation to fill vacancies, coLstitute the Executive 
 Committee created by the National Convention held at Chi- 
 cago on the IGth day of May, 1860, do hereby call upon all 
 qualified voters wlio desire the unconditional maintenance 
 of the Union, the supremacy of the Constitution, and the 
 complete suppression of the existing rebellion, with the 
 cause thereof, by vigorous war, and all apt and eiEcient 
 means, to send delegates to a convention to assemble at 
 Baltimore on Tuesday, the 7th day of June, ISGl, at 12 
 o'clock, noon, f )r the purpose of presenting candidates for 
 the ofiices of President and Vice President of the Uniti d 
 States. Each State having a representation in Congre.'^s 
 will be entitled to as many delegates as shall be equal to 
 twice the number of electors to which such State is entitled 
 in the Electoral College of the United States. 
 
 EDAVIN D. MORGAN, New York, Oiainnan. 
 
 CHARLES J. GILMAN, Maine. 
 
 E. n. ROLLINS, New Hampshire. 
 
 L. BRAINERD, Vermont. 
 
 J. Z. GOODRICH, Massachusetts. 
 
 THOMAS G. TURNER, Rhode Island. 
 
 GIDEON WELLES, Connecticut. 
 
 DENNING DUER. New Jersev. 
 
 EDWARD Mcpherson, Pennsylvania. 
 
 N. B. SMITHERS. Delaware. 
 
 J. P. WAGNER, Maryland. 
 
 THOMAS SPOONER, Ohio. 
 
 H. S. LANE, Indiana. 
 
 SAMUEL L. CASEY, Kentucky. 
 
 E. PECK, Illinois. 
 
 HERBERT M. HOXIE, Iowa. 
 
 AUSTIN BLAIR, Michigan. 
 
 CARL SIIURZ, Wisconsin. 
 
 W D. WASHBURN, Minnesota. 
 
 CORNELIUS COLE, California. 
 
 WM. A. PHILLIPS, Kansas. 
 
 0. H. IRISH, Nebraska. 
 
 JOS. GERHARDT. District of Columbia. 
 Washington, February 22, 1864. 
 
 The Convention was called to order by the 
 Chairman of the E.xecutive Committee, Senator 
 Morgan, of New York, who said: 
 
 Memders of the Convextios : It is a little more than 
 eight years since it was resolved to forma national party to 
 be conducted upon the principles and policy wliichhad been 
 established and maintained by those illustrious statesmen, 
 George AVashington and Thomas Jefferson. A Convention 
 was held in Philadelphia, under the shade of the trees that 
 surrounded the Hull of Independence, and candidates — Fre- 
 mont and Dayton — were chosen to uphold our cause. But 
 the Statu of Pennsylvania gave its elertoral vote to James 
 Biu-haiian, aii.l tin- election of 1856 wa.s lost. 
 
 Nutiiiiig il^iunti'd by defeat, it was immediately deter- 
 nuucd '• tu tii^lit ''U this line," not only ''all summer," [aj)- 
 plause,] but luur summers and four winters; and in 1860 
 the party baniKT wus again unfurled, with the names of 
 Abraham Lincoln [appbiuse] and Hannibal Hamlin in- 
 scribed thereon. This time it w;is successful, but with suc- 
 cess came rebellion ; and with rebellion of course came 
 war; and wur, terrible civil war, has coutiuued with vary- 
 
 ing success np to nearly the period when it is necessary, 
 under our Constitution, to prepare for ai^other Presidential 
 election. It is for this highly responsible purpose that you 
 are to-day assembled. It is not my duty nor my purpose 
 to indicate any general course of action for this Conven- 
 tion ; but I trust I may be permitted to say that, in view of 
 the dread realities of the past, and of what is passing at 
 this moment — and of the fiict that the bones of our soldiers 
 lie bleaching in every State of this Union, and with the 
 knowledge of the further fact that this has all been caused 
 by slavery, the party of which you, gentlemen, are the del- 
 egated and honored representatives, will fall short of ac- 
 complishing its great mission, unless, among its other re- 
 solves, it shall declare for such an amendment of the Con- 
 stitution as will positively prohibit African slavery in the 
 United States. [Prolonged applause, followed by three 
 cheers.] 
 
 In behalf of the National Committee, I now propose for 
 temporary President of this Convention, Robert J. Breck- 
 inridge, of Kentucky [applause,] and appoint Governor Ran- 
 dall, of Wisconsin, and Governor King, of New York, as a 
 committee to conduct the Presidentpro tern, to the chair. 
 
 On being introduced, Dr. Breckinridge, who 
 was most enthusiastically received, said: 
 
 Gestlejten of xnE Co.vvENno:^ : You cannot be moresen- 
 siblo than I am that the part which I have to perform here 
 to-day is merely a matter of form ; and acti"ar upon the 
 principlesof my whole life, I was inc.med. v... -.i w. ■ s.it'- 
 gestion was made to me from various quarters, that it was 
 in the mind of many members of the Convention to confer 
 this distinction upon mo, to earnestly decline to accept; 
 because I have never sought honors — I have never sought 
 dis'inction. I have been a working man, and nothing else. 
 But certain considerations led me to change my mind. [Ap- 
 plause.] 
 
 There is a class of men in the country, far too small ftnr 
 the good of the country— those men who merely by their 
 example, by their pon, by their voice, try to do good — and 
 all the moro in perilous times — without regard to the re- 
 ward thit may come. It was given to many such men to 
 understand, by the distinction conferred upon one of the 
 humblest of ihcir class, that thoy were men whom the coun- 
 try vfould cherish, and who would not bo iorgotton. 
 
 There is another motive relative to yourselves and to the 
 country at large. It is good for you, it is good for every na- 
 tion and every people, every Slateand every party, to cher- 
 ish all generous impulses, to follow all noble instincts; and 
 there arc none m ro noble, none more generous than to 
 purge yourselves of all self-seekers and betrayers, and to 
 conl'.r official distinctions, if it be only in mere forms, upon 
 those who are worthy to be trusted, and ask nothing more. 
 [Applause.] 
 
 Now .according to my convictions of proprietj', having 
 said this, I should say nothing more. [Cries of '• go on."] 
 
 But it has been intimated to me from many quarters, and 
 in a way which I cannot disregard, that I should disap- 
 point the wishes of my friends, and perhaps the just expec- 
 tations of the Convention, if I did not as briefly, and jet 
 as precisely as I could, say somewhat upon the great 
 matters which have brought us here. Therefore, in a very 
 few words, and as plainly as I can, I will endeavor to dra.w 
 your attention to one and another of these great matters in 
 which we are all engaged. 
 
 In the first place, nothing can bo more plain than the 
 fact that yo>i are hero as tlio representatives of a great na- 
 tion—voluntary representatives chosen without forms of 
 law, but as really representing the feelings, the principles, 
 and if you choose, the prejudices of the American people, 
 403 
 
404 
 
 NATIONAL POLITICAL CONVENTIONS. 
 
 as if it wore ^vritten in laws and already passed by 
 for the man that you will nominate here lor the Presidency 
 of tlie United States, and ruler of a great people in a great 
 cricis, i3 just as certain I suppose to become that ruler as 
 anything under heaven is certain before it is done. [Pro- 
 longed cheering.] And, moreover, you will allow" me to 
 Bay, though perhaps it is hardly strictly prtiper that I 
 should — but as far as I know j'our opinions I suppose it is 
 jnst as certain now before you utter it whose name you will 
 utter, and whicli will be responded to from one end to the 
 other of this nation, as it will bo after it h.is been uttered 
 and recorded by your secretary. Does any m;>n doubt that 
 this Convention intends to say that Abraham Lincoln shall 
 bo the nominee? [Great applause.] What I wish, how- 
 ever, to call your attention to is the gr.andeur of the mis- 
 sion upon which you are met, and therefore the dignity and 
 Bolemnitj', earnestness and conscientiousness with wliich, 
 representing one of the greatest and certainly one of the 
 first people of the world, you ought to discharge these 
 da ties. [Applause.] 
 
 Now, bes.doslhe nomination of President and Vice Pres- 
 ident, in regard to which second olEce I will s:iy nothing, 
 because I know there is more or less difference of opinion 
 among you; but besides these nominations, you have other 
 most solemn duties to perform. You have to orgauizo this 
 party thoroughly throughout the United States. You have 
 to put it in whatever form your wisdom will suggest that 
 will unite all your wisdom, energy, and deterniiuaUon to 
 gain the victory which I have already said was in our 
 power. More than that, you have to lay down with clear- 
 ness and precision the principles on which you intend to 
 carry on this great political contest and prosecute the war 
 which is underneath them, and the glory of the country 
 which lies before us if we succeed. Plainly — not in a dou- 
 ble sense — briefly— not in a treatise — with the dignity and 
 precision of a great people to utter, by its representatives, 
 the political principles by which they intend to live, and 
 for the sake of which they are willing to die. So that all 
 men everywhere may undorstaud precisely what we mean, 
 and lay that furrow so deeply and clearly that while every 
 man who is worthy to associate with freemen may see it 
 and pass over it, every man who is unworthy may be cither 
 unable to pass it or may be driven far from us. We want 
 none but those who are like e.s to be with us [Applause.] 
 
 Now, among these principles, if you will allow me to say 
 it, the tirst and most distinct is, that we do not Intend to 
 permit this nation to be destroyed. [Applause.] We are a 
 nation — no doubt a peculiar one — a nation formed of States, 
 and no nation except as these States form it. And these 
 States ai-e no States except as they are States in that nation. 
 They had no more right to repudiate the nation than the 
 nation has to repudiate them. None of them had even the 
 shadow of a right to do this, and God helping us, we will 
 ▼indicate that truth so that it shall never be disputed any 
 more in this world. [Applause.] It is a fearful alternative 
 that is set before us, but there are great compensations for 
 it. Those of you who have attended to this suljject know, or 
 ought to know, that from the foundation of the present 
 Government, before and since our present Constitution was 
 formed, there have always been parties that had no faith in 
 our Government. The men that formed it were doubtful 
 of its success, and the men that opposed Its formation did 
 not desire its success. And I am bold to say, without detain- 
 ing you on this subject, that with all the outcry about our 
 violations of the Constitution, this present living gener.a- 
 tion and this present Union party are more thoroughly 
 devoted to that Constitution than any generation that has 
 ever lived under it. [Applause.] While I say that, and 
 solemnly believe it, and believe it is capable of the strongest 
 proof, I may also add that it is a great error which is being 
 propagated in our land, to say that our national life depends 
 merely upon the sustaining of that Constitution. Our 
 fathers made it, and we love it. 
 
 But if it suits us to change it we can do so. [Applause.] 
 And when it suits us to change it wo will change it. [Ap- 
 plause.] If it were torn into ten thousand pieces the 
 nation would be as much a nation as it was before the 
 . Constitution was made— a nation always that declared its 
 independence as a united people, and lived as a united people 
 until now — a nation independent of aU particular institu- 
 tions under which they lived, and capable of modelling 
 them precisely as their interests require. We ought to 
 have it distinctly understood by friends and enemies that 
 while wo love that instrument we will maintain it, and 
 will, with undoubted certainty, put to death friend or foe 
 who undertakes to trample it under foot; yet, beyond a 
 doubt, we will reserve the right to alter it to suit ourselves 
 from time to time and from generation to generation. [Ap- 
 plause.] One more idea on that subject. We have incor- 
 porated in that instrument the right of revolution, which 
 gives IIS, without a doubt, the right to change it. It never 
 existed before the American States, and by the right to 
 change there is no need of rebellion, insurrection, or civil 
 
 war, except upon a denial of the fundamental principles of 
 all free governments — that the m.ijor part must rule ; and 
 there is no other method of carrying on society, except that 
 the will of the majority shall be the will of the whole — or 
 that the will of the minority shall bo the will of the whole. 
 So that, in one word, to deny the principles I have tried to 
 state is to make a dogmatic assertion that the only form 
 of government that is possible with perfect liberty and 
 acknowledged by Goil is a pure and absolute despotism. 
 The principles therefore T\hich I am trying to state before 
 you are principles which, if they be not true, freedom is 
 impossible, and no government but one of pure force can 
 exist or ought to endure among men. But the idea which 
 I wished to carry out, as the remedy for these troubles and 
 Borrows, is this: Dreadful as they are, this fearful truth 
 runs through the whole liistory of mankind, that whatever 
 else may be done to give stability to authority, whatever 
 else may be done to give perpetuity to institutions — how- 
 ever wise, however glorious, practicable, and just may lie 
 the philosophy of it — it has been found that the only en- 
 during, the only imperishable cement of all free institutions, 
 has been the blood of traitors. No Government has ever 
 been built upon imperishable foundations which foundar 
 tions were not laid in the blood of traitors. It is a fearful 
 truth, but we had as well avow it at once, and every blow 
 you strike, and every rebel you kill, every battle you win, 
 "dreadful as it is to do it, you are adding, it may be, a year — 
 it may be ten years — it may be a centm-y — it may be ten 
 centuries to the life of the Government and the freedom of 
 your children. [Great applause.] 
 
 Now, passing over that idea— passing over many other 
 things which it would be right for me to say, did the time 
 serve and were this the occasion, let me add — you are a 
 Union party. [Applause.] Your origin has been referred to 
 as having occurred eight years ago. In one sense it is true. 
 But you are far older than that. I see before mo not only 
 primitive Republicans and primitive Abolitionists, but I see 
 also primitive Democrats and primitive Whigs — primitive 
 Americans, and, if you will allow mo to say so, I myself 
 am here, who all my life have been in a party to myself. 
 [Laughter and applause.] As a Union party I -will follow 
 you to the ends of the earth and to the gates of death. 
 [Applause.] But as an Abolition party — as a Republican 
 party — as a Whig party — as a Democratic party — as an 
 American party, I will not follow you one foot. [Applause.] 
 But it is true of the mass of the American people, however 
 you may divide and scatter while this war lasts, while the 
 country is in peril, while you call yom-selvcs as you do in 
 the call of the Convention, the Union party— you are for 
 the preservation of the Union and the destruction of this 
 rebellion, root and branch. And in my judgment, one of 
 the greatest errors that has been committed by our admin- 
 istration of the Federal Government, the Chief of which we 
 are about to nominate for another term of oifice — one of 
 the errors has been to believe that we have succeeded where 
 we have not succeeded, and to act in a manner which is 
 precisely as if we had succeeded. You will not, you cannot, 
 succeed until you have utterly broken up the military 
 power of these people. [Applause.] 
 
 I will not detain j'ouupon these incidental points, one of 
 which has been made prominent in the remarks of the ex- 
 cellent Chairman of the National Committee. I do not 
 know that I would be willing to go so far as probably he 
 would. But I cordially agree with him in this — I tliink, 
 considering what has been done about sl.avery, taking the 
 thing as it now stands, overlooking altogether, either in 
 the way of condemnation or in the way of approval, any 
 act that has brought us to the point where we are, but be- 
 lieving in my conscience and with all my heart, that what 
 has brought us where we are in the matter of slavery, is 
 the original sin and folly of treason and secession, because 
 you remember that the Chicago Convention itself was un- 
 derstood to say, and I believe it virtually did explicitly 
 say, that they "would not touch slavery in the States, 1 cav- 
 ing it therefore altogether out of the question how we came 
 where we are, on that particular point, we are prepared to 
 go further than the original Republicans themselves were 
 prepared to go. We are prepared to demand not only that 
 the whole territory of the United States shall not be made 
 slave, but that the General Government of the American 
 people shall do one of two things — and it appears to me 
 that there is nothing else that can be done — eitlier to use 
 the whole power of the Government, both the war power 
 and the peace power, to put slavery as nearly as possible 
 back where it was — for, although that would be a fearful 
 state of society, it is better than anarchy ; or else to use 
 the whole power of the Government, both of war and peace, 
 and all the practical power that the people of the United 
 States will give them to exterminate and extinguish slav- 
 ery. [Prolonged applause.] 
 
 I have no hesitation in saying for myself that if I were 
 a pro-slavery man, if I believed this institution was an or- 
 dinance of God, and was given to man, I would unhesitat- 
 
NATIONAL POLITICAL CONVENTIOXS. 
 
 405 
 
 Ingly join those who demand that thp Government should 
 be put back where it was. But I am not a pro-slavery man — 
 I never was; I unite m.rselt' with those who believe it is 
 coutniry to the brightest interests of all men and of all 
 governments, contrary to the spirit of the Christian religion, 
 and incuiiipatible with the natural rights of man. l''join 
 myself with tliosewho say away '.vith it"" forever; [applause:] 
 and I fervently pray God that the day may come when 
 throughout the whole laud every man may be as free as you 
 are, and as capable of onjoyiug regulated liberty. [Pro- 
 longed applaus;^] 
 
 I will not detain you any longer. One single word you 
 will allow me to say in behalf of tlie State from which I 
 come, one of the smallest of the thousands of Israel. We 
 know very jKcll that our eleven votes are of no con-ietiuence 
 in the Presidential election. Wo know very well that iti 
 our present unhrippy condition, it is by no moans certain 
 that we are hero to-day rcpres»nting the party that wil 1 cast 
 the majority of the votes in that unhappy State. I know 
 very well that the sentiments r.hich I am uttering will 
 cause me great odium in the State in which I was born, 
 which I love, where the bones of two generations of my an- 
 cestors and some of my children are, and where very soon 
 I shall lay my own. I know very well that my colleagues 
 will incur odium if they indorse what I say, and they, too, 
 know it. But we have put our faces toward the way in 
 which we intend to go, and we will go in it to the end. If 
 W3 are to perish, we will perish in that way. All I have to 
 say to you is, help us if you can ; if you cannot, believe in 
 your heai-ts that we have died like men. 
 
 Rev. J McKcndree Reiley, of the Methodist 
 Episcopal church, offered a prayer, when those 
 States which are represented in Congress were 
 called for lists of deh gates. 
 
 At the evening sessioji of Tuesday the perma- 
 nent organization was irade, with Hon. Wil- 
 liam Dennison, of Ohio, as President. On taking 
 the chair, he said : 
 
 I thank you for the honor you have conferred upon me, 
 and while I shall bring to the tUschargc of the duties of the 
 chair little experience in parliamentary rules, it will be my 
 pleasure, as my duty, to spare no elTort in contributing, to 
 the extent of my ability, to the facilitating of the busiuess 
 of the Convention, and securing such results from your de- 
 liberations as will meet the loyal expectations of the coun- 
 try. 
 
 We meet here as representatives of the true friends of the 
 Government and of impartial liberty — of that large portion 
 of the ji 'uple who gratefully npproiiute the unmatched 
 L.. -ii' \ ;i;. !i llowfromourinstitmi \: « ;i .; ':ii:!ii i' r il, 
 :i 1 : ■ :i i-rui of human ei: 1 . ,■ ' -, i i ii . ii- 
 
 nj : ; > . ^ s no less inconni ■ ,!,!',■ >.f 
 
 111;;.:, .!i. y I :. .!i with the genius ;.ii' 1 i ■ ;■ > ■ .;il \. "i lviii;3's 
 oi'icpubiican government. [Proloiig'-;.l aiiphn:,-c.] 
 
 In no sense do we meet .as members or representatives of 
 either of the old political parties which bound the people, or 
 a-i the ch:iniiiions of anv inincinlr or iloiirine ]ieculiar to 
 ()5ther. 'ill - \;;,,..n;';' I'v ,-, ;,/.i,.m .:, -., ■ ,,H|:;■'■^ ii;,.- 
 the oull^r .;. • . i..- i --. ii !■ . i;. n .• • .;.. i :,-ii 
 
 It can III- ' ■ :■ ; ■ i '■ ■ ■■ ■ .1 ;.••;;. ^ !; i ;, 1 :,■■- 
 
 puSeof i(S ;■ -.l;. lill ■, l!l- ; r ;, ,;i..m ,, _,; - !|,;i;n,', ;,|,,1 
 
 the only tost ni iiHiniiersinp m whuli is :ai unri'sei'ved, un- 
 conditional loyalty to tlie Government and the Union. 
 
 Let me con":j:ratulale you upon the favorable auspices 
 of your meeting. While the deepest an.xiety is felt by 
 all patriotic men as to the result of the war unjustifia- 
 bly forced upon the Government jjy the bad, ambitious 
 men and tlieir deceived followers in the rebellious States, 
 and the country is filled with distress and mourning over 
 the loss of so many of our brave men who have fallen in 
 battle, or died in hospitals from wounds received in defence 
 of the constitutional authorities of the Government, we 
 yet have, in v, hat has been accomplished towards the sup- 
 pression of the rebellion and the extinguishment of its 
 cause — in the heroic deeds of our noble .armies and gallant 
 navy — in the renewal of the patriotism of the country that 
 almost pocined to bo paralyzed under the influence of our 
 national prosiierity — in the unprecedented generosity of the 
 people, aw;ikeiu'd by the wants of the Government and 
 the necessities of its defenders — much, very much of the 
 highest felicitation, and for which the country is grateful to 
 Almighty God. [Applause.] 
 
 And may I not add to these causes of congratulation the 
 lormation of the political organization of which this Con- 
 vention is a representative, which has so nobly sustiiined 
 the Government in its efforts to put down the rebellion, and 
 to the complete accomplishment of which its energies ai-e 
 
 consecratcil : the patriotic harmony that has marked our 
 assembling and will chnracferize all our proceedings, and 
 prix'centing that h umony which will display itself in tho 
 un;:nimous nomination for the Presidency of the United 
 States of the wise and good man whose unselfish devotion 
 to the country, in tho administration of tho Government, 
 has secured to him not only the admiration, but the warm- 
 est affection of every friend of constitutional liberty ? [Ap- 
 plause.] 
 
 I need not remind you of tho very grave responsibilities 
 that devolve upon you as members of this coi^ventiou. Tho 
 loyal people of the country have authui i/ d ; n 1 ; i tyou 
 to renew on their part the pledge of 1 1 : r ,1 1 ; i;ii'iort 
 the Government, in the most vigonMi^ j r 1 ^ 1 tho 
 
 war, to the complete suppression of th" r ' !,■ ,;i. 1 -^ird- 
 less of the time or the resources required to that ( nd, and 
 they equally expect and call upon you to declare the cause 
 and the support of tho rebellion to be slavery, which, a.* 
 well for its treasonable offences against the Government as 
 for its incompatibility with tho rights of humanity and the 
 jiermauent peace of the country, must, with the termina- 
 tion of the war, and as much speedier as possible, be mado 
 to cease forever in every State and Territory of the Union. 
 But I must not refer to other subjects of interest that will 
 challenge your attention. 
 
 Let me repeat my thanks for your expressions of confi- 
 dence in me in having selected me to preside over your de- 
 liberations. [Applause.] 
 
 KEPORT or COMMITTEE ON CREDENTIALS. 
 
 Mr. Preston King, of New York, submitted 
 the report of the majority committee; which 
 was substantially as follows : 
 
 1st. That the delegations from the States of Maine, Kew 
 Hampshire, Massachusetts, Connecticut, Vermont, Rhode 
 Island, New York, New Jersey, Pennsylvania, Delaware, 
 Maryland, Ohio, Kentucky. Indiana, Illinois, Iowa, Min- 
 nesota, Oregon, California, Kansas, and West Virginia were 
 all regular, and are admitted to seats with all tho rights 
 and privileges of members, except one district of Pennsyl- 
 vania, which had elected four instead of two members. The 
 committee admit tho two who received the largest number 
 of votes as delegates, and the other two as alternates. 
 
 2d. T!i;;t t!r ;■- In ing two delegations from the State of 
 Missoin;. ' , , , -Its, the committee recommend that 
 those M : 1 ves the Radical Union Delegation be 
 
 awar>l;i ;ii ■ ii . | Applause and cheering.] 
 
 3d. 'ili;it the delegates from Virginia, Tennessee, Louis- 
 iana, and Arkansas bo admitted to all the privileges of the 
 floor, e.xcept that of voting. 
 
 4th. That the delegations from the Territories and the 
 District of Columbia be admitted to seats and all the privi- 
 leges except that of voting. 
 
 5th. That the persons presenting themselves as delegates 
 from the State of South Carolina are not entitled to the 
 rights of delegates on the floor. « 
 
 Mr. W. E. Stevenson, of Virginia, and Mr. 
 Hiram Smith, of Oregon, made a minority re- 
 port, and recommended that the delegates from 
 the States of Virginia, Louisiana, Arkansas, 
 Kansas, Tennessee, and Florida, and from all 
 the Territories, be admitted, with the right to 
 vote. 
 
 Mr. A. H. Inslet, of Kansas, made a report 
 arguing that, especially in tlie cases of the Ter- 
 ritories of Nebraska, Colorado, and Nevada, the 
 delegates be admitted with the right to vote. 
 
 That part of the report of the majority rela- 
 ting to the uncontested seats was then adopted. 
 
 Mr. King, of New York, offered a substitute 
 covering three points in report of the majority : 
 
 1st. lie proposed to admit both of the Missouri delega- 
 tions, and that where they agree they cast the vote to which 
 the State is entitled ; where they disagree, the vote of tho 
 State shall not he cast. 
 
 2d. lie proposed to give all the delegates admitted all 
 the rights and privileges of delegates, without exception; 
 but that the District of Columbia and the Territories ^hmild 
 have but two votes each, and that no State, District, or 
 Territory should cast more votes than it hjvs delegates pres- 
 ent in tho Convention. 
 
 A division of the question was called. 
 When Mr. King's amendment relative to Mis- 
 souri was lost; and the report of the committee, 
 
406 
 
 NATIONAL POLITICAL CONVENTIONS. 
 
 on that point, was adopted, by States, and as 
 
 follows: 
 
 Ayes. Nays. 
 
 Maine 14 
 
 New Hampshire 10 o 
 
 Vermont 10 
 
 Miissachusetts 24 
 
 Rhode Island 8 o 
 
 Connecticut 12 o 
 
 New York 66 
 
 New Jers^ 14 
 
 Pennsylvania 49 3 
 
 Delaware 6 
 
 Maryland 14 
 
 Kentucky 21 1 
 
 Ohio 42 
 
 Indiana 26 
 
 Illinois 32 
 
 Michigan 16 
 
 Wisconsin 16 
 
 Iowa 16 
 
 Minnesota 8 
 
 California 10 
 
 Oregon 6 
 
 West Virginia 10 
 
 Kansas 6 
 
 440 4 
 The question was still further divided, and a 
 vote then taken upon admitting the fifteetn del- 
 egates from Tennessee, with the right to vote; 
 which was agreed to, by States, as follows : 
 
 For. Against. 
 
 Maine 3 11 
 
 New Hampshire ' lo 
 
 Vermont 2 8 
 
 Massichnsetts 24 
 
 Rhode Island - 2 6 
 
 Connecticut 10 2 
 
 New York 66 
 
 New Jersey 14 
 
 Pennsylvania 31 21 
 
 Delaware ,,. 1 4 
 
 Maryland 1 13 
 
 Missouri 19 3 
 
 Kentucky 4 18 
 
 Ohio 42 
 
 Indiana 24 2 
 
 Illinois 32 
 
 Michigan 2 14 
 
 Wisconsin 15 1 
 
 Iowa 9 7 
 
 Minnesota 1 7 
 
 California. 10 
 
 , Oregon 6 
 
 West Virginia 10 
 
 Kansas 6 
 
 Total 310 151 
 
 The delegates from Louisiana and Arkansas 
 were then admitted, by States, as follows : 
 
 For. Against. 
 
 Maine 3 11 
 
 New Hampshire 10 
 
 Vermont .-j 5 5 
 
 Massachusetts .', 24 
 
 Rhode Island 1 7 
 
 Connecticut 10 2 
 
 New York 61 3 
 
 New Jersey 14 
 
 Pennsylvania 5 46 
 
 Delaware 5 
 
 Maryland 1 13 
 
 Missouri 17 5 
 
 Tennessee 15 
 
 Kentucky 12 10 
 
 Ohio 42 
 
 Indiana 22 4 
 
 Illinois 32 
 
 Michigan 10 6 
 
 Wisconsin 15 1 
 
 Iowa 14 2 
 
 Minnesota 8 
 
 California..... 6 4 
 
 Oregon 6 
 
 West Virginia 10 
 
 Kansas 6 
 
 Total S07 167 
 
 The portions of the majority report, as thus 
 amended, were then agreed to. 
 
 The Delegates from JNebraska, Colorado, and 
 Nevada, were then admitted with the right to 
 vote. 
 
 And the balance of the report — admitting the 
 Delegates from Virginia and Florida, without 
 the right to vote, rejecting the Delegates from 
 South Carolina, and admitting the Delegates 
 from the remaining Territories without the 
 right to vote, was adopted. 
 
 This Platform was then adopted unanimous- 
 ly, as reported by Mr. Raymond, of New York, 
 Chairman of the Committee : 
 
 1. Rpsolred, That it is the highest duty of every American 
 citizen to maintain against all their enemies the integrity 
 of the Union and the paramount authority of the Constitu- 
 tion and laws of the United States; and that, laying aside 
 all difforen-'es of political opinion, we pledge ourselves, as 
 Union men, animated by a common sentiment and aiming 
 at a common object, to do everything in our power to aid 
 the Govornment in quelling by "force of arms the Rebellion 
 now raging against its authority, and in bringing to the 
 punishment duo to their crimes the Rebels and traitors ar- 
 rayed against it. [Prolonged applause.] 
 
 2. Fesolvcd, That we approve the determination of the 
 Government of the United States not to compromise with 
 Rebels, or to offer them any terms of peace, except such as 
 may be based upon an unconditional surrender of their 
 hostility and a return to their just allegiance to the Consti- 
 tution and laws of the United States, and that wo call upon 
 the Government to maintain this position, and to prosecute 
 the war with the utmost possible vigor to the complete 
 suppression of the Rebellion, in full reliance upon the self- 
 sacrificing patriotism, the heroic valor and the undying de- 
 votion of the American people to their country and its free 
 institutions. [Applause.] 
 
 3. Bcsolvcd, That as Slavery was the cause, and now con- 
 stitutes the strength, of this Rebellion, and as it must be, 
 always and everywhere, hostile to the principles of Repub- 
 lican Government, justice and the national safety demand 
 its utter and complete extirpation from the soil of the Re- 
 public [applause ;] — and that while wo uphold and maintain 
 the acts and proclamations by which the Government, in 
 its own defence, has aimed a death-blow at this gigantic 
 evil, we are in tavor, furthermore, of such an ameiidment 
 to the Constitution, to be made by the people in conformity 
 with its provisions, as shall terminate and forever prohibit 
 the existenc" of Slavery within the limits or the jurisdic- 
 tion of the United Slates. [Tremendous applause, the del- 
 egates rising and waving their hats.] 
 
 4. Jiesolved, That the thanks of tlie American people are 
 due to the soldiers and sailors of the Army and Navy [ap- 
 plause,] who have periled their lives in defence of their 
 country and in vindication ot the honor of its flag ; that 
 the nation owes to them some permanent recognition of 
 their patriotism and their valor, and ample and permanent 
 pro\ ision for those of their survivors who have received 
 disabling and honorable wounds in the service of the coun- 
 try ; and that the memories of those who have fallen in its 
 defence shall be held in grateful and everlasting remem- 
 brance. [Loud applause and cheers.] 
 
 5. Resolved, That we approve and applaud the practical 
 wisdom, the unselfish patriotism and the unswerving fidel- 
 ity to the Constitution and the principles of American lib- 
 erty, with which Abraham Lincoln has discharged, under 
 circumstances of unparalleled difficulty, the great duties 
 and responsibililies of the Presidential office ; that we ap- 
 prove and endorse, as demanded by the emergency and es- 
 sential to the preservation of the nation and as within the 
 provisions of the Constitution, the measures and acts which 
 he has adopted to defend the nation against its open and se- 
 cret foes ; that we approve, especially, the Proclamation of 
 Emancipation, and the employment as Union soldiers of 
 men heretofore held in slavery, [applause ;] and that we have 
 full confidence in his determination to carry these and all 
 other Constitutional measures essential to the salvation of the 
 country into full and complete eflect. [Vociferous applause.] 
 
 6. Resolved, That wo deem it essential to the general wel- 
 fare that harmony should prevail in the National Councils, 
 and we regard as worthy of public confidence and official 
 trust those only who cordially endorse the principles pro- 
 claimed in these resolutions, and which should characterize 
 the administration of the Government. [Applause.] 
 
 7. Resolved, That the Government owes to all men cm- 
 ployed in its armies, without regard to distinction of color, 
 the full protection of the laws of war, [applause,] and that 
 any violation of these laws, or of the usages of civilized 
 natioiiB in time of war, by the Rebels now in arms, should 
 
NATIONAL POLITICAL CONVENTIONS. 
 
 407 
 
 be made the snbject of prompt and full redress. [Prolongod 
 applause.] 
 
 8. Resolved, That foreii;u immigration, which in tho past 
 has added so much to tliu wealth, development of resouicos 
 and increase of power to this nation, the asylum of the op- 
 pressed of all nations, should bo fostered and encouraged 
 by a liberal and just policy. [Applause.] 
 
 9. Resolved, That we are in favor of a speedy construc- 
 tion of the Railroad to the Pacific coast. [Applause.] 
 
 10. Resolved, That tho National faith, pledged for the re- 
 demption of the public debt, must be kept inviolate, and 
 that for this purpose we recommend economy and rigid re- 
 sponsibility in the pubHc expenditures, and a vigorous and 
 just system of taxation ; and that it is the duty of every 
 loyal State to sustain the credit and promote the use of the 
 National currency. [Applause.] 
 
 11. Resolved, That we approve the position taken by the 
 Oovernment that the people of the United States can never 
 regard with indifference the attempt of any European 
 Power to overthrow by force or to supplant by fraud the 
 institutions of any Republican Government on the Western 
 Continent — [prolonged applause] — and that they will view 
 with extreme jealousy, as menacing to the peace and inde- 
 pendence of their own country, tie efforts of any such 
 power to obtain new footholds for Monarchial Governments, 
 sustained by foreign military force, in near proximity to the 
 United States. [Long-continued applause.] 
 
 RE-NOMINATIOi\ OF PRESIDENT LINCOLN. 
 
 The vote was ta :en by States, when all were 
 found to have voted for Mr. Lincoln, except 
 Missouri — for General Grant. 
 
 Before the announcement of the result, Mr. 
 Hume, of Missouri, moved that the nomination 
 of Abkaham Lincoln be declared unanimous. 
 His delegation had been instructed to vote for 
 General Grant, but he was now in favor of de- 
 claring the nomination already made to be 
 unanimous. 
 
 The motion was agreed to amidst a furore of 
 applause. 
 
 The president then announced the result, 
 stating that Abraham Lincoln, of Illinois, was 
 the unanimous choice of the Union National 
 party of the country for the next Presidency. 
 
 VOTE FOR VICE-PRESIDENT. 
 
 Status and Tehritories. 
 
 Maine 
 
 New Ilampshire. 
 
 Vermont 
 
 Massachusetts.... 
 
 Rhode Island 
 
 Connecticut 
 
 New York 
 
 New Jersey 
 
 Pennsylvauia 
 
 Delaware 
 
 Maryland 
 
 Louisiana 
 
 Arkansas 
 
 Kentucky 
 
 Ohio 
 
 Indiana 
 
 Illinois 
 
 Michigan 
 
 Wisconsin 
 
 Iowa 
 
 Minnesota 
 
 California 
 
 Oref;on 
 
 West Virginia., 
 
 Kansas 
 
 Nebraska 
 
 Colorada 
 
 Nevada 
 
 200 108, 150 28 21 2 
 
 Several of the States changed their votes to 
 
 Johnson, and the final result reached was as 
 
 follows : 
 
 Johnson. Dickinson. IlamliD. 
 
 Maine 14 
 
 New Ilampsliiro 10 
 
 Vermont 10 
 
 Massachusetts 21 3 
 
 Rhode Island 7 10 
 
 Connecticut 12 
 
 New York 66 
 
 New .Jersey 14 
 
 Pennsylvania 52 
 
 Delaware 6 
 
 Maryland 14 
 
 Louisiana 14 
 
 Arkansas 10 
 
 Missouri. 22 
 
 Tennessee 15 
 
 Kentucky 21 
 
 Ohio 42 
 
 Indiana 26 
 
 Illinois 32 
 
 Michigan 16 
 
 AVisconsin 2 10 4 
 
 Iowa 16 
 
 Minnesota 3 6 
 
 California 10 
 
 Oregon 6 
 
 West Virginia. 10 
 
 Kansas 6 
 
 Nebraska 6 
 
 Colorado 6 
 
 Nevada 6 
 
 Total 494 17 9 
 
 The President. Andrew Johnson, having 
 received a majority of all the votes, is declared 
 duly nominated as the candidate of the National 
 Union Party for Vice President of the United 
 States. 
 
 On motion of Mr. Tremain, of New York, the 
 nomination of Andrew Johnson was declared 
 unanimous. 
 
 After the transaction of some routine busi- 
 ness, the convention adjourned. 
 
 the president's reception of the nomination. 
 
 Thursday, June 9 — The committee to ratify 
 the nominees called upon the President, when 
 the following proceedings took place : 
 
 Governor Dcnnison, president of the conven- 
 tion and chairman of said committee, ad- 
 dressed the President as follows: 
 
 SIB. President : The National Union Convention, which 
 closed its sittings at Baltimore yesterday, appointed a com- 
 mittee consisting of one from each State, with myself as its 
 chairman, to inform you of your unanimous nomination by 
 that convention for election to the oiBce of President of the 
 United States. That committee, I have the honor of now 
 informing you, is present. On its behalf, I have also the 
 honor of presenting you with a copy of the resolutions or 
 platform which were adopted by that convention, iis expres- 
 sive of its sense, and of the sense of the loyal people of the 
 country which it represents ; of the principles and tho 
 policy that should characterize tlie administration of tho 
 Government in tho present condition of tho country. I need 
 not say to you, sir, that the convention, in thus unanimously 
 nominating you for re-election, but gave utterance to the 
 almost universal voice of tho loyal people of tho country. 
 To doubt of your triumphant election would be little short 
 of abandoning the hope of tho final suppression of tho re- 
 bellion, and the restoration of the authority of the Govern- 
 ment over the insurgent States. 
 
 Neither the convention nor those represented by that 
 body entertained any doubt as to the final result. Under 
 your administration, sustained by that loyal people and by 
 our noble army and gallant navy, neither did the conven- 
 tion nor do this committee doubt the speedy suppression of 
 this most wicked and unprovoked rebellion. [A copy of tho 
 resolutions were here handed to the President.] 
 
 I should a<lil, Mr. President, It would be tho pleasure of 
 the committee to commuiiicate to you, within a few days, 
 through one of its most accomplished members, Mr. Curtis, 
 of New York, by letter, more at length the circumstances 
 under which you have been placed in nomination for th9 
 Presidency. 
 
408 
 
 NATIONAL POLITICAL CONVENTIONS. 
 
 THE PBESIDENT S RESPONSE. 
 
 The President, taking the resolutions from 
 his pocket where he had placed them, and un- 
 folding the same, said : 
 
 Mr. Chairman and GKrnxEsrEN of tite Committee : I will 
 neither conct-al my giaiiQcatioa nor restrain the expression 
 of my gratitude that the Union people throngh their con- 
 vention, ia the continued effort to save and advance the na- 
 tion, have deemed me not unworthy to remain in my 
 present position. 
 
 1 know no reason to doubt that I shall accept the nomi- 
 nation tendered; and yet, perhaps, I should not d ■dare 
 definitely before reading and considering what is called the 
 platform. 
 
 I will say now, however, I approve the declaration in 
 favor of so amending the Constitution as to prohibit slavery 
 throughout the nation. When the people in revolt, with a 
 hundred days of explicit notice that they could within those 
 days resume their allegiance without the overthrow of their 
 institutions, and that they could not resume it afterwards, 
 elected to stand out, such amendment to the C nstitution as 
 is now proposed became a fitting and necessary conclusion 
 to the final success of the Union cause. Such alone can 
 meet and coverall cavils. Now, the unconditional Union 
 men, North and South, preceivc its importance, and em- 
 brace it. In the joint names of Liberty and Union, let us 
 labor to give it legal form and practical "effect. 
 
 Same day, a delegation of the National Union 
 League called upon the President, to congratu- 
 late him upon his re-nomination, to whom he 
 made this reply : 
 
 Gentlemen: I can only say in response to the kind re- 
 marks of your chairman, as I suppose, that I am very grate- 
 ful for the renewed confidence which has been accorded to 
 me both by the Convention and by the National League. I 
 am not insensible at all to the personal compliment there 
 is in this, and yet I do not allow myself to believe that any 
 but a small portion of it is to I>r> n'iprn;Ti if r-il as a personal 
 compliment. That really the ( ■ . i^ . ind the Union 
 League assembled with a hi^Ii — i r ,,t taking care 
 
 of the interests of the couniiv i r i'' i I'-ent and the 
 great future — and that the part 1 am .'ntiil. il to appropriate 
 as a compliment is only that pirt which I may lay hold of 
 as being the opinion of the Coiiv;'ntion and of the League, 
 that I am not entirely unworthy to 1)0 entrusted with the 
 place which I have occupied for the last three years. But I 
 do not allow myself to suppose that either the Convention 
 or the League have concluded to decide that I am either the 
 greatest or best man in America, but rather they have con- 
 cluded that it is not best to swaj) horses while crossing the 
 rivor, and have further conciudcil tliat I am not so poor a 
 horse that they might wt muk'' a botch of it in trying to 
 swap. [Laughter and applause.] 
 
 To a delegation from Ohio he said : 
 
 SPEECH OF PRESIDENT LINCOLN. 
 
 Gentlemen : I am very much obliged to you for this com- 
 pliment. I have just been saying, and as I have just said 
 it, I will repeat it : The hardest of all speeches which I have 
 to answer is a serenade. I never know what to say on such 
 occasions. I suppose that you have done me this kindness 
 in connection with the action of the Baltimore Convention, 
 which has recently taken place, and with which, of course, 
 I am very well satisfied. [Laughter and applause.] AVhat 
 we want still more than Baltimore Conventions or Presi- 
 dential elections is success under General Grant. [Cries of 
 " Good," and applause.] I propose that you constantly bear 
 in mind that the support you owe to the brave officers and 
 soldiers in the field is of the very first importance, and we 
 should therefore bend all our energies to that point. Now, 
 without detaining you any longer, I propose that you help 
 Die to close up \vli;it I am now saying with three rousing 
 cheers for General Grant and the otticers and soldiers under 
 bis command. 
 
 PRESIDENT Lincoln's acceptance. 
 
 New York, June 14, 1864. 
 Hon. Abraham Lincoln: 
 
 Sir : The National Union Convention, which assembled 
 in Baltimore on Juno 7, 1SG4, has instructed us to inform 
 you that you were nominated with enthusia-stic unanimity 
 for the Presidency of the United States for four years from 
 the 4th of March next. 
 
 The resolutions of the Convention, which we have already 
 had the honor of placing in your hands, are a full and clear 
 statement of the principles which inspired its action, and 
 which, as we believe, the great body of Union men in the 
 country heartily approve. Whether those resolutions ex- 
 press the national gratitude to our soldiers and sailors; or 
 the national scorn of compromise with Rebels, and conse- 
 
 quent dishonor ; or the patriotic duty of union and succcfss, 
 whether thoy approve the Proclamation of Emancipation, 
 the constitutional anieudnient, the eniidoyment of former 
 slaves as Union soldiiTS, or the solemn obligation of tho 
 Government promptly to redress the wrongs of every sol- 
 dier of the Union, of whatever color or race"; whether they 
 declare the inviolability of tho pledged faith of the nation, 
 or offer tho national hospitality to tlie oppressed of every 
 land, or urge tho tinion by railroad of tho Atlantic and Pa- 
 cific oceans; whether they recommend public economy and 
 vigorous taxation, or asSert the fixed popular opposition to 
 the establishment by armed force of foreign monarchies in 
 tho immediate neighborhood of the United States, or de- 
 clare that those only are worthy of official trust who ap- 
 prove unreservedly the views and policy indicated in the 
 resolutions — they wore equally hailed with the heartiness 
 of profound conviction. 
 
 Believing with you, sir, that this is the people's war for 
 the maintenance of a Government wliich you have justly 
 described as '-of tho people, by the |.e,i| le, for the people," 
 we are very sure that you will be glad to Know, not only 
 from the resolutions themselves, but from the singular 
 harmony and enthusiasm with which they we e adopted, 
 how warm is the popular welcome of every measure in the 
 prosecution of the war, which is as.vigorous, unmistakable, 
 and unfaltering as tho national purpose itself. No right, 
 for instance, is so precious and sacred to the American 
 heart as that of personal liberty. Its violation is regarded 
 with just, instant, and universal jealousy. Yet in this hour 
 of peril every faithful citizen concedps that, for the sake of 
 national existence and the common welfare, individual lib- 
 erty may, as the Constitution provi;teH in the case of rebel- 
 lion, be sometimessunimarily constrained, asking only with 
 painful anxiety that in every instance, and to the least de- 
 tail, that absolutely necessary power shall not be hastily or 
 unwisely exercised. 
 
 We believe, sir, that the honest will of the Union men of 
 the country was never more truly represent d than in this 
 Convention. Their purpose we believe to be the overthrow 
 of armed rebels in the field, and the security of permanent 
 peace and union by liberty and justice under tho Constitu- 
 tion. That these results are to be achieved amid cruel per- 
 plexities, they are fully aware. Thatthey are to bo reached 
 only by cordial unanimity of counsel, is undeniable. That 
 good men may sometimes differ as to the means and the 
 time, they know. That in the conduct of all humnn affairs 
 the highest duty is to determine, in the angiy conflict of 
 passion, how much good may be jiraetically accomplished, 
 is their eincere peisuasion. Tbcy liavo watched your offi- 
 cial course, therefore, with unfl.i'jging attention ; and amid 
 the bitter taunts of eager friends and the fierce denuncia- 
 tion of enemies, now moving too fast for some, now too 
 slowly for others, they have seen you throughout this tre- 
 mendous contest paMent, sigacioiis. fiithful. just ; leaning 
 upon the heart of the great mass of the people, and satis- 
 fied to be moved by its mi di'v iinlsations. 
 
 It is for this reason that, long before the Convention met, 
 the popular instinct had plainly indicated you iis its candi- 
 date ; and the Convention, therefore, merely recorded the 
 popular will. Your character and career prove your un- 
 swerving fidelity to tho carilinal principles of American 
 Liberty and of the American Constitution. In the name of 
 that Liberty and Constitution, sir, wo earnestly request 
 your acceptance of this nomination. Reverently commend- 
 ing our beloved country, and you, its Chief Magistrate, with 
 all its brave sons who, on sea and land, are faithfully de- 
 fending the good old American cause of equal rights, to the 
 blessing of Almighty God, 
 
 We are, sir, very respectfully, your friends and fellow- 
 citizens, 
 
 WILLIAM DENNISON. Ohio, Chairman. 
 
 JOSIAII II. DRUMMONT) Maine. 
 
 THOMAS E. SAWYER. New Hampshire. 
 
 BRADLEY BARLOW, Vermont. 
 
 A. H. BULLOOK. JIassachusetts. 
 
 A. M. CAMPBELL, Rhode Island. 
 
 C. S. BUSHNELL, Connecticut. 
 
 G. W. CURTIS, New York. 
 
 W. A. NEWELL, New Jersey. 
 
 HENRY JOHNSON, Pennsylvania. 
 
 N. B. SMITHERS, Delaware. 
 
 W. L. W. SEABROOK, Maryland. 
 
 JOHN F. HUME, Missouri. 
 
 G. W. HAIGHT, Kentucky. 
 
 E. P. PYFFE, Ohio. 
 
 CYRUS M. ALLEN, Indiana. 
 
 W. BUSHNELL, Illinois. 
 
 L. P. ALEX.VNDER. Michigan. 
 
 A. W. RANDALL, Wisconsin. 
 
 PETER VALINDA, Iowa. 
 
 THOMAS SIMPSON, Minnesota. 
 
 JOHN BIDWELL, California. 
 
 TH0:MAS H. PEARNE, Oregon. 
 
 LEROY KRAMER, West Vuginia. 
 
NATIONAL POLITICAL CONVENTIONS. 
 
 409 
 
 A. C. WILDKR. Kansas. 
 M. M. BRYAN, Tennessee. 
 T. WINTER, Nevada. 
 A. A. ATOCHA. Louisiana. 
 A. S. PADDOCK. Nebniska. 
 VALENTINE DELL, Arkansas. 
 JOHN A. NYE, Colorado. 
 A. B. SLOANAKER, Utah. 
 
 ExECDTivE Mansion, Washington, Juw, 27, 1864. 
 Uon. William Dknnison and otiiers, a C?m.mittee of the Na- 
 
 tirmal Vnion Convention: 
 
 Glxtlemen : Your letter of the 14th instant formally no- 
 tifying me that I iiave been nominated by tho convention 
 you represent for tho Presidency of tho United States for 
 four years from the 4th of March next, has been received. 
 The nomination is gratefully accepted, as the resolutions of 
 the convention, called the platform, are heartily approved. 
 
 While the resolution in regard to the supplanting of re- 
 publican government upon the western continent is fully 
 concurred in, there might be misunderstanding were I not 
 to say that( the position of the Government in relation to 
 the action of France in Mexico as assumed through tho 
 S'ate department and indorsed by ihe Convention, among 
 tiie measures and acts of the Executive, will be faithfully 
 maintained so long as the state of facts shall leave that posi- 
 tion pertinent and applicable. 
 
 I am especially gratified that the soldier and the seaman 
 were not forgotten by the Convention, as they forever must 
 and will be remembered by tlie grateful country for whoso 
 Balvation they devote their lives. 
 
 Thanking you for the kind and complimentary terms in 
 wliich you have communicated the nomination and other 
 proceedings of the convention, I subscribe myself, 
 
 Tour oliedieut servant, 
 
 ABRAHAM LINCOLN. 
 
 HON. ANDREW JOHNSOn's LETTER OF ACCEPTANCE. 
 
 Nashville, Tenn., Juhi -, 1S64. 
 H n. Wm. Dennison, Chairman, and olh&rs, CommiUee of 
 
 the Na'ional Union Conventii.n : 
 
 Gentlemen : Your communication of the 9th ult. , inform- 
 ing me of my nomination for the Vice Presidency of the 
 United States, by the National Union Convention, held at 
 Baltimore, and enclosing a copy of the resolutions adopted 
 by that body, w^as not received" until the 25lh ult. 
 
 A reply on my part had been previously made lo^the ac- 
 tion of the Convention in presenting my name, in asp -ech 
 delivered in this citv,onthe evening succeeding tho day of 
 the adjournment of the Convention, in which I indicated 
 my acceptance of the distinguished honor conferred by that 
 body, and defined the grounds upon which that accoptaocc 
 was based, substantially saying what I now havo to say. 
 From the comments made upon that speech by the var'ous 
 presses of the country to which my attention has been di- 
 rected, I considered it to be regarded asafull acceptance. 
 
 In view, however, of tho desire expressed in your com- 
 munication, I will more fully allude to a few points that 
 have be en heretofore presented. My opinions on the lead- 
 ing questions at present agitating and distractmg lb'' public 
 mind, and especially in reference to the reboUiou now being 
 waged against tho Government and authority of tho Uuitcd 
 Slates,! presume, are generally understood. Bolore tho 
 southern people assumed a belligerent attitude, (and fre- 
 quently since,) I took occasion most frankly to declare tho 
 views I then entertained in relation to the wicked purposes 
 ol" the southern politicians. They have since undergone 
 but little, if any change. Time and subsequent eventshavo 
 rather confii-med than diminished my confidence in their 
 cO"octiies3. 
 
 At the beginning of this great struggle I entertained the 
 same opinion of it I do now, and in my place in the Senate 
 I denounced it as treason, worthy the punishment of death, 
 and warned the Government and people of the impending 
 danger. But my voice was not heard or counsel heeded 
 until it was too late to avert tho storm. It still continued 
 to gather over us without molestation from the authorities 
 at Washington, until at length it broke with all its fui-y 
 upon the country. And now, if we would save the govern- 
 mentfrom being overwhelmed by it, we must meet it in the 
 true spirit of patriotism, and bring traitors to the punish- 
 ment due their crime, and hy force, of arms crush out and 
 subdue tho last vestige of rebel authority in every State. 
 I felt then as now that the destruction of the government 
 was deliberately determined upon by wicked and designing 
 conspirators, whose lives and fortunes were pledged to carry 
 it out, and that no compromise, short of an unconditional 
 recognition of the independence of the southern States, 
 could have been or could now be proposed which they 
 would accept. The clamor for " southern rights," as tho 
 reljcl journals were pleased to designate their rallying cry, 
 was not to secure their assumed rights in the Union and 
 under tht Constitution, but to disrupt the government and 
 
 establish an independent organization based npoo slavery, 
 which they could at all times control. 
 
 The separation of the Government has for years been the 
 clierished purpose of the southern loaders, lialll.'l. in is.a, 
 by the stern, patriotic heroism of Ana: ■ .' in. tlicy 
 suIlenlyacquiesced,onIy to mature their ! I ' i 'u.h, 
 
 and await the recurrence of a more l,i\ : unity 
 
 to execute them. Then the pretext «:^ Mi^ i in, and 
 Jackson, after foiling their schemes of nullilicationand dis- 
 union, with prophetic perspicacity, warned the country 
 against the renewal of their cflbrta to dismember the Gov- 
 ernment. 
 
 In a letter dated May 1, 1S33, to the Rev. A. J. Crawford, 
 after demonstrating the heartless insincerity of the south- 
 ern nuUiflers, he said : 
 
 " Therefore the tariff was only a pretext, and disunion 
 and a southern confederacy the real object. The next pre- 
 text will be the negro, or slavery question." 
 
 Time has fully verified this prediction, and we have now 
 not only "the negro, or slavery question,'' as the pretext, 
 but the real cause of the rebellion, and both must go down 
 together. It is vain to attempt to rooonstruct the Union 
 with the distracting element of slavery in it. Experience 
 has demonstrated its incompatibility with free and republi- 
 can governments, and it would be unwise and unjust longer 
 to continue it as one of the institutions of the country. 
 While it remained subordinate to the Constitution and laws 
 of the United States I yielded to it my support, but when 
 it became rebellious and attempted to rise above the Gov- 
 ernment, and control its action, I threw my humble influ- 
 ence against it. ^ 
 
 The authority of the Government is supreme, and will 
 admit of no rivalry. No institution can rise above it, whether 
 it be slavery or any other organized power. In our happy 
 form of government all must be subordinate to the will of 
 the people, when reflected through the Constitution and 
 laws made pursuant thereto — State or Federal. This great 
 principle lies at tho foundation of every government, and 
 cannot be disregarded without the destruction of the gov- 
 ernment itself. In the sujiport and practice of correct 
 principles we can never reach wrong results, and by rigor- 
 ously adhering to this great fundamental truth the end will 
 be the preservation of the Union and tho overthrow of an 
 institution which has made war upon and attempted the 
 destruction of the government itself. 
 
 The mode by which tlii> irreat change — the emancipation 
 of theslavo — can be eff « t ', i- n, n. ilv found.in the power 
 to amend the Constitriii i i '. ■ i d States. This plan 
 is effectual, and of no il- n i . ^ 1 . 1 1 ,v : and while it docs 
 
 not contravene the timely c.veici^i; of the war power by 
 the President in his emancipation proclamation, it comes 
 stamped with the authority of the people themselves, acting 
 in accordance with the written rule of the supreme law of 
 the land, and must, therefore, give more general satisfaction 
 and quie4ude to the distracted public mind. 
 
 By recurring to the principles contained in the resolu- 
 tions so unanimously adopted by the Convention, I find that 
 they substantially accord with my imldic acts and opinions 
 heretofore made known and exp'iv^sr d, and are, therefore, 
 most cordially indorsed and approved ; and the nomination, 
 having been conferred willmut any solicitation on my part, 
 it is with the greater pleasure accepted. 
 
 In accepting the nomination I might here close, bnt I 
 cannot forego the opportunity of saying to my old friends 
 of the Democratic party proper, with whom I have so long 
 and pleasantly been associated, that the hour has now come 
 when that great party can justly vindicate its devoticm to 
 true democratic policy and measures of expediency. The 
 war is a war of great principles. It involve.s tbesupremacy 
 and life of the Government itself If the rebellion triumphs 
 fr.-'e government North and ^^outh fii's. If, on the other 
 hand, the Government is succ -ssful. as I do not dou''t, its 
 desiiny is fixed, ils basis permanent and enduring, and its 
 career of honor and glory just begun. In a great contest 
 like this for the existence of free government the path of 
 iluty is patriotism and principle. Minor consi lei ations and 
 questions of administrative policy shouM give way to the 
 higher duty of first preserving tlie Government, and then 
 there will bo time enoujih to wrangle over tho men .and 
 measures pertaining to its admini,<!tratior.. 
 
 This is not the hour for strife and division among our 
 selves. Such differences of opinion only encourage the 
 enemy, prolong tho war, and waste the country. Unity of 
 action and concentration of power should be our watchword 
 and rallying cry. This accomplished, the time will rapidly 
 approach when their armies in the field — the great power 
 of the rebellion — will bo broken and crushed by our gallant 
 officers and brave soldiers, and ere long they will return to 
 their homes and firesides to resume again tho avocations of 
 peace, with tho proud consciousness that they have aided 
 in the noble work of re-establishing upim a surer and more 
 permanent basis tho great temple of American freedom. 
 
 I am, gentlemen, with sentiments of high regard, yours 
 truly, ANDREW JOUNSON. 
 
410 
 
 NATIONAL POLITICAL CONVENTIONS. 
 
 The National Union League— The 
 Platform Adopted. 
 
 Baltimore, June 8, 18G4. 
 The following are the resolutions passed by 
 the Grand National Council of the Union 
 League of America, assembled at the New As- 
 sembly Rooms in this cit3'. The injunction of 
 secrecy has been removed : 
 
 1. Resolved, That we will support the Administration in the 
 vigorous prosecution of the war to the complete and final 
 suppression of the rebellion, and to this wc pledge all our 
 energies and efforts. 
 
 2. Resolved, That slavery, being the cause of the rebellion 
 and the bond of union amoug traitors, ought to be abol ished 
 without delay, and it is the sense of this organization that 
 slavery, in all its forms, should be prohibited by an amend- 
 to the Federal Constitution. 
 
 3. Resolved, That we hereby approve of the principles in- 
 volved in the policy known as the Monroe doctrine. 
 
 4. Resolved, That the confiscation acts of Congress should 
 bo promptly and vigorously enforced, and that homesteads 
 on the lands confiscated under it should be granted to our 
 soldiers and others who have been made indigent by the 
 acts of traitors and rebels. 
 
 5. Resolved, That every person who bears arms in defence 
 of the national flag, is entitled, without distinction of color 
 or nationality, to the protection of the government he de- 
 fends, to the full extent of that government's power. 
 
 6. Resolved, That we hereby tender our thanks to the 
 soldiers of the army and the sailors of the navy. 
 
 The Cleveland Convention. 
 
 May 31 — A convention of about three hun- 
 dred and fifty persons, as reported, met in 
 Cleveland, pursuant to sundry calls: 
 
 A CALL TO THE RADICAL MEN OF THE NATION. 
 
 \\niereas a Convention has been called by certain parties 
 favoi-.ibU- to cli:iii.i,'in.;; flic present Administration, and lur 
 the purpose uf "connscliii;; eoiReniini; the approaching; 
 Presidcutiaf election," to meet in tliccitv''()f Cleveland, Ohio, 
 on Tiiesd.iy, the :M.-t of tlie pn-scnt m..n'tli : and whereas we 
 are glad to leani tiiat siu'li a eiiiivcntlcii is toasseml.lc.aiid 
 bavin- eenlidciicc lliat the (il.jects of tlmse issuiuir the<-all 
 
 tUciindi' 
 
 ■llKIIlt CI 
 
 it<' II 
 
 \<'W Voik.f,,r licit 
 I |-cllo«-cili/,cns ill 
 lilt lliecdiiiitiv t(i 
 
 lltillll, ,11, (lic Sllid 
 
 purpose, (1,1 ii.. 
 
 evei-.v State, coii 
 
 meet lliciu ill 
 
 Tuesdav, the :;i 
 
 to recoiiiiuciid the noininalioii of .loliii C. Fremont for tin 
 
 Presideiiiy of the United StatoH, and to assist in organi/ini 
 
 for his election. 
 
 The imliccileand vacillatin-iioliey ..f the present Admin 
 
 :i| 11 
 
 IS te 
 
 
 d te 
 
 thiiiK] 
 
 Btroicj; eiioujili to coiiijiii'i- t 
 to justice, freedom, and -e 
 its plan of reconstruction, ' 
 of the nation have been .sac 
 istiiig and arro,;;aiit slave jm 
 an iinscrniinlous pailism a 
 upon the lovers of ju^lice and tlieircouiilry to come to the 
 rescue of tiie iinpcrilcd nationality and tlie canso of impar- 
 tial and universal IVeudoni, tlireatened with betrayal and 
 
 The way to victory and salvation is plain. Justice must 
 be throned in the seats of national le.nislation, and gniile 
 the executive will. The things demanded, and which we 
 ask you to .join us to render sure, are, tlie immediale cxtinc- 
 tion of slin-evji Ihmujliout the w/iole Uitilcd Stales hy Vnn- 
 yr' ssional action, the absolute equality of all men be/hre Vie 
 law. without regard to race or color, and such a plan of re- 
 construction its shall conform eiilird;/ to tlie polic!/ "/" /''<'• 
 dom for all, placing the political power nloiie in'l/ic hands 
 of the loyal, and e.r<:culing with viyor the law for confiscat- 
 ing the proper! !i of the r- lir.ls. 
 
 Come, llieii,iii iormidalih' numbers, and let nst.ake coun- 
 sel tic^ethcr, in tills crisis of the nation's calamity, aiKl,witli 
 one united ell'ort, endeavor to redeem tlie country from sla- 
 very and war, that it may be consecrated to fueedom and 
 PEACE FOREVHR MORE. Men of (Jod ! Men of humanity ! 
 Lovers of justice! Patriots and freemen! One and all, 
 rally!! 
 
 Most respectfully, your fellow-citi/.ens, 
 DAVID I'LUMn, 
 FIDWAIID GILBKRT, 
 
 FREDERTCK KAPP. 
 EUNEST KllA' KOWTZEn, 
 WILLIAM J. DEMAltlOST. 
 
 Cummittee, 
 
 New York, May 6, 1864. 
 The undcrsiiined join in the foregoinG; call : 
 
 Geo. B. Cheever, N. Y. Pantaleou Candidus, N. Y. 
 
 Ilenrv T. Cheever, Mass. K. F. Ililibard, .N. Y. 
 
 J. W. Alden, N. J. Edmund Tiittle, Conn. 
 
 F. 0. Irish, N. Y. Peter G. Tuttle, Conn. 
 
 •William Goodell, N. Y. F. N. Bixbv, Conn. 
 
 S. S. .loccl.vn, N. Y. James 11. SuitHir, Conn. 
 
 E. Cady Stanton, N. Y. James Tuttle, Conn. 
 
 •\Vm. F. Kiiowles, N. Y. K. 1!. II ill,Coiin. 
 
 W. H. Woodruff, N. J. Edwaid II. Tuttle, Conn. 
 
 C. Fromont, N. Y. S. 1!. Hall, Conn. 
 
 Ira II. Cobb, N. Y. Geoi-e II. Sears, N. Y. 
 
 Doct. II. Joslvu, N. Y. Nathaniel 11. Harris, N. Y. 
 
 II. L. (;recii, N. Y. C. !■;. llawlcv. Conn. 
 
 T. 0. Warner, N. Y. C. 1!. Smitli,' \. Y. 
 
 J. Ilenrv Warner, N. Y. J. (i. Liviii--toii. \. Y. 
 
 T. 0. Warner, jr., N. Y. Edwin feiils, \. V. 
 
 E. M. Mason, Mich. Joel Greelcv, \. Y. 
 
 Chas. A. Lane, N. Y. Win. Gilbcit, N. V. 
 
 Dinid C. narrin-ton,N. Y. Ilenrv 15. Uanlii-ton, N. Y. 
 
 A. S. I'.etts, N. Y. Steph<-ii llelts, N. V. 
 David Downs, N. Y. Wm. II. II. Downs, N. Y. 
 W. II. Il.ithawav, N. Y. C. S. Mi.Mlcl.iM.ik, Conn. 
 T. C. Harrison, N. J. A. ]!. I'lalt, Mich. 
 
 J. n. JohiLson, Va. Wm. Cniiimiin;-, Mich. 
 
 James W. Vail, ATis. Ira Chase. MIrh. 
 
 Elisha Galpin, 3Iich. C. C. VmU; MWh. 
 
 B. A. Fay, Mich. Elisha Uiil, Mich. 
 
 A. J. Fav, Mich. Robert GiU-nur, Mich. 
 
 Thomas C. Post, N. Y. 
 
 TO THE PEOPLE OF THE UNITED STATES. 
 After having labored ineffectually to defer as far as WsiS 
 in our power the critical moment when the attention of the 
 jieojile 'must inevitalily be fixed upon the selection of acan- 
 didate for the Chief Magistracy of the coiiufry : after hav- 
 in.n interro;,'ated our coiiscL^ncc .-iiid coiisiilteil our duty ae 
 citizens, obeying at once tlii^ seiitiiiieiit of a mature convic- 
 tion and a pi-olouiid allectioii for the <■ iimn country, we 
 
 feel ourselves impelled, on oiirowiiivs] ,il.i!itv, to declare 
 
 to the peojile tli.it the time has come Inr all iiidepeiiileni 
 men, jealous of their liliei'ties and tit llc' national great- 
 
 •swelll 
 cd patronage 
 ive wave the 
 the nation. 
 . in a lime of 
 
 iiiibl 
 
 .fanairswhi 
 
 sc,|iieiillv less vi-llant 
 laue derived from the 
 illioii of men, and an 
 ilocoiitiol (he remotest 
 paitsof Ihecoiintrv in lavor of its supninc chief, cimstituto 
 ailaimcrserioiislvilireateiiingtothesl.il.ilitvotri'piililican 
 iiiMiliitioiis, we declare that the principle of one te"3l, 
 whi h has now aciiuircd nearly the force of law by the con- 
 secration of time, might to be inflexibly adhered to in the 
 
 We fiiith'er decl.ire that we do not recosnize in the Balti- 
 more Con ven lion the essential con.litions of a truly National 
 Convention. Its i.i-oximitv to the ceiitiv of .all the interested 
 iiilliieiicisor administr.ition, its distance Iroiii ihe centre of 
 the coiinlry, its mode of coiivoc.itioii. Ihe i-oii iipliiig pr.ic- 
 tices to whiidi it has been and inevit.aMy will !..■ suhiccteil, 
 do not permit the peojile to assemble llicc \, ill, .any expecta- 
 tion of l.ciii- able to deliber.ate at full liberty. C.mvinced, 
 as we are. that in presence of the ci itic.il ciicuiiistances in 
 which the nation is placeil, it is only in the ener-y and good 
 sense ot the people that the general .safety can he found, 
 sati>lieil that the only way to consult it i.s to indicate a 
 central iio>iiion to which every one may go willioiit too 
 niiich expenditure of means and time, and where tlio 
 assembled people, far from all administr.itive iiillm^nce, may 
 consult freid}' and deliberate peaceably with the presence 
 Of the greatest possible number of "men whose known 
 principles miarantee their sincere and enlightened devotion 
 to the ri.slits of the people and to the preservation of the 
 trne basis of republican .government — we eainestl.v invito 
 our fellow-citizens to unite at Cleveland, Ohio, on Tuesday, 
 the olst of .May next, for consultation ami concert of action 
 in respect to the approaching Presidenti.il election. 
 
 B. Graf/. Brown, Mo. Frederick Kapp, N. Y. 
 
 Stephen S. Fostf'r, .Mass. Charles L. Mo>s. .Mo. 
 
 A. Van Antwcri., N. Y. E. (i. I'ai ker, .Me. 
 
 Bird 15. Chapm.iii, Ohio. ICrnest i'lm'S^liig, HI. 
 
 Ezra C. Aiidiew.s, Me. Wm. 1). Kobinsin. -Me. 
 
 Henry A. ( lover. Miss. John S. Savery, N. Y. 
 
 Peter Kiiglemau, Wis. li. Cluseiet. 
 
NATIONAL POLITICAL CONVENTIOXS. 
 
 411 
 
 Caspar Butz, Til. 
 George Field, N. Y. 
 Edward Gilliert, N. T. 
 Peter GiIkii,N. Y. 
 Isaac W. Iliiff, N. Y. 
 Wm. Ilen-ies, N. Y. 
 James llill, Me. 
 K. lleiiizfii, Mass. 
 S. P. Dinsinore, D. C. 
 And. Humbert, Pa. 
 J. W. Alden, N. J. 
 L. Sieboldt, Iowa. 
 Wm. Morris Davis, Pa, 
 E. M. Davis, Pa. 
 Wm. F. Johnston, Pa. 
 
 Emil Protorius, Mo. 
 
 Nath. P. Sawv-T, I'a. 
 
 Erni'StScliniidt, 111. 
 
 James Ri-dpath, Mass. 
 
 Walter II. Sluipc, Oliio. 
 
 Wm. II. Smith, Me. 
 
 P. W. Kenycm, N. Y. 
 
 James Taiis^sig, JIo. 
 
 Ph. StopiK'lrein, N. Y. 
 
 Wm. II. Dwinelle, N. Y. 
 
 Samuel Taylor. 
 
 Jiis. S. Thomas, Mo. 
 
 F. Munch, JIo. 
 
 J. Q. AVestlirook, Mo. 
 
 J. F. AVliipide, N. Y. 
 THEO. OLSIIAUSEN, Missouri, 
 
 of the People's Committee. 
 TO THE PEOPLE. 
 
 Citizens of the United States who mean to uphold the 
 Union , who believe that the rebellion can be suppressed with- 
 out inl'ringiJg the rights of individuals or of States, who 
 regard the extinction of slavery as amoug the practical 
 etlects of the war for the Union, and tavor an ameiidmeul 
 of the Federal Constitutiou for the exclusion of slavery, and 
 who demaud integrity and economy in the administration 
 of goverumeut, are respectfully invited to meet in Mass 
 Convention, at Cleveland, on Tuesday, the 31st day of May 
 iiist., for consultation and concert of action in respect to 
 the approaching Presidential election. 
 
 Lucius PvObinson. Charles F. French, Ky. 
 
 John Cochrane. Rob. Kraus, Mo. 
 
 Andrew J. Colvin. Hanson Brent, Mo. 
 
 Thomas B. Carroll. J. B. Clairbour, Mo. 
 
 Edward Wade. Wm Freel, Mo. 
 
 George W. Demers. Charles H. Frost, Mo. 
 
 Ira Porter. Thomas J. RidiUe, JIo. 
 
 Brace Millerd. Wm. L.Bookstaver, JIo. 
 
 Howard Holdridge. Fred. L. Biadcu, III. 
 
 Francis G. Fine. Caspar 0. Fitch, 111. 
 
 Lemon Thomson. Wallace Furman. 
 
 Charles Requa. Frederick Smith. 
 
 Smith Requa. Peter B. Loi; t, lud. 
 
 Thomas P. White, Ky. Andrew F. Butler. 
 
 Edward Cule, Ky. Thomas Willks. 
 
 Francis F. Williams, Ky. 0. Whaley, Mass. 
 
 Smith Thompsun,Ky. Johnson Stemmer. 
 
 Lcroy McArJle, Ky. Alfred Moses. 
 
 Williiim Bentley , Ky. Leonard J. Timon. 
 
 JohnF. Sniithers,Ky. JohnF. l'endleton,N. J. 
 
 David S. Whitcloy, Ky. Patrick Clare. 
 
 Peier McCall, Ky. Simon JIunson. 
 
 LETTER FROM MRS. STANTON. 
 
 IUy 14, 1864. 
 To THE Ce.ntiul Fremont Club : 
 
 GENTLEME>r : To your call " to the radical men of the na- 
 tion," taking it for granted you use "men" in its larg- st 
 sense, I desire to append my name, and for the following 
 reasons : 
 
 1. This is the only call ever issued for a political conven- 
 tion, demanding the right of suffrage for the black man — 
 that safeguard of civil liberty, without which emancipation 
 is a mockery. 
 
 2. When a body of men thus consecrate themselves to 
 "freedom and peace," and declare their high resolve to 
 found a republic on the eternal principles of justic;;, they 
 have lilted politics into the sphere of morals and re igiou, 
 and made it the duty of all true men and women to unite 
 with theni in building up the New Nalion. 
 
 ' Yours respectfullv, 
 
 E. CADY ST.iXTON. 
 
 LETTER FROM WENDELL PHILLIPS. 
 
 Boston, •(prt'Z 21. 
 Judge Stallo : 
 
 Dear Sir : ^^ince you asked my judgment as to the course 
 to be tai^en in Dominating a candidate for the Presidency 
 I have been requested to sign a call for a convention fur 
 that purpose, to meet at Cleveland, in May ne.\t. Let me 
 tell you the national policy I advocate : 
 
 SuMue the South as rapidly as possible. The moment 
 territory comes Jinder our flag reconstruct S'ates thus : 
 Contisrat<- and divide the lands of rebels; extend the right 
 of BMlliiiLc l.rnMdly as possible to whites and blacks: let ilio 
 FeileralCuiiHtitiition i)rnli!bitslavery throughout the Union, 
 and forbid tlio St-ites to make any distinction among their 
 citizens on account ot color or raci-. 
 
 I shall make every effort to have this policy pursued. 
 iJelieving tliat the iire.sent Administration repudiates it and 
 is carrying us to a point where we shall be obliged either 
 to aCAUowledge the Southern Confederacy or te reconstruet 
 'lie Union on terms grossly unjust, intolerable to the 
 
 ma.sses, and sure soon to resnlt in another wnr, I earnestly 
 advise an unpledged and independent convention, like that 
 proposed, to consider public affairs and noaiiuate for the 
 Presidency a statesman and a patriot. 
 
 Yours, faithfully, WENDELL PHILLIPS. 
 
 The Convention was called to order by Ed- 
 ward Gilbert, of New York, on whose motion 
 E.x-Governor William F. .Johnston, of Pennsyl- 
 vania, was chosen temporary Chairman. Mr. 
 B. H. Brooks, of California, and Mr. VValfe, of 
 the District of Columbia, were chosen Secre- 
 taries. A Committee on Credentials was pro- 
 posed but not created. It was subsequently 
 reported that the following States were rep- 
 sented : 
 
 Ohio, Illinois, Massachusetts. New York, Iowa, Missouri, 
 Michigan, Pennsylvania, Maryland, Wisconsin, Tennessee, 
 Maine, Indiana, New Hampshire, New Jersey, and the Dis- 
 trict of Columbia. 
 
 The Committee on Permanent Organization 
 reported officers, with General John Cochrane, 
 of New York, as President. 
 
 Gen. Cocliriine, on returning his thanks to the Conven- 
 tion, said : 
 
 Gentlemen or the r<->vrrN-TiAv ■ The formal routine of 
 duty for the presidinu; i ! : , i i il-s that he return set 
 thanks for the honor r : i him. I am not dis- 
 
 posed to follow in thi^ p iiii. ! li ,1 iiiulity is too heartless 
 for the .solemnity and iinpin iiiocc nf the occasion. I as- 
 sume my duties with clieerlulues.s and I trust that in this 
 grand army of freedom I may well perform my humble 
 part, and tliit tliiit dntv iniiv be so performed that we may 
 conim.iii I lii ■ imiM I , I , Ml.aise of nil men. [Cheers.l I 
 seeli. 1, I ! ■ ■ '■ .of ilR. W,.st. on which de- 
 
 penils,-.. ,:,i !;. , ; , ; , ; - -nid di'stinies of thecountrv— 
 of thr ■ I : :: , ,. I tlir country— its. Mipport and 
 
 polin.s i,,,.l 1 p] ;,,. lu— th,- W.ii- Ii 
 NewYo.k. [A|,pl;.u--.] Fur ihem | 
 when it is not id.ulitied Willi princii 
 here, who while they wail anxiou- 
 shattered cohorts under the baiiii 
 allectioiiately to a Falherlami (Ui lli 
 sea. [.Vpiilause.] We meet with.' 
 
 tlie scenes of the 'present. We hai 
 ilig party as nothing— Conntry as e 
 Our national existence i.-. at issn 
 question of nati<Hial life fell like a 
 of theiKoi,],, a)id thrv^pran- to ai 
 
 'i"on!''' 
 
 n. ir.s of 
 .-^...teof 
 
 ivr.loal. .-. 
 rsideof tl 
 notions si 
 h reliectil 
 <■ togetl-.e 
 
 -othoso 
 ni:i tho 
 
 ill turn 
 
 e raging 
 iggesteu 
 
 us upon 
 regard- 
 
 lin-. 
 
 iree years 
 lerholt.at 
 th .-i wild 
 Kveiywl 
 
 ago tho 
 
 the I'eet 
 
 ere was 
 
 and power of the .Noi-lli ha 
 stiikin- when finiesli.ill 
 tho Union trinniiihant. 
 should review the pa-.t am 
 
 ited I 
 
 In tl 
 
 light lor pri 
 
 ^ef thr'uliio 
 ,ppressed-TI 
 r.ise.l But v 
 
 r this pin-liose yon asscmblo 
 
 same time to ei ;, i . i 1 1 i ivil am 
 
 pies, and to.-.ne : i ,e. . .. lalioiis the 
 
 tained for us by l!ie .-.;, ..:ue.s of the so 
 
 [Applause.] The rebelliuii, it must 
 
 Union, it must bo iireserved. [Great 
 
 shall allow nO criticisfu of the Government whicii repic- 
 
 sents us all, shall cast no impediment in the w.iy of our 
 
 Union S(]hliers, shall entertain no thought unworthy of 
 
 AmiTican citizens. 
 
 The >peaker then referred to tlie various discussions of the 
 past.- Since 1787 slavery li.is been the root of every politi- 
 cal party of the countiy. 'l'!ie eonvenlion had assembled 
 from all positions on this ipiistimi, and now oecnpied (Uie 
 common ground. .Ml are now iiiute.l in demanding that 
 
 'in thisconneeiion'lli -p. '\.V i ... i r,'d"to'tlii' War'l)em- 
 ocrats of New Voil>— m, i iiM . :hI \ irtuoiis— denying that 
 the ccuiveiitioii.it .--y laeuse up -, nie 1 ihein, amrdenou"-- 
 
 politicians. He solemnly declaivil lu'loro h.i,li heaven that, 
 since the war broke out, he <iad never belonged to party, 
 tiiat his feet had not been soiled by its teueh. tli.it he never 
 cros.sed its lines, th, it he woni 1 n -^ei- till i!i ■ uar was over 
 consent to be "ealiineil. i i jl.lieil. i 0:1 iii; ■ 1" I. ,■ |iartv inlln- 
 eiice.s. As he had -one np ami .'..v.u ilie IheKen, he h.ul 
 indeed heard echoes Iroin theoe '• . onvoe.ilions of mo-t po- 
 litical worms," and they had all been tuned to the key of 
 " roast beef and cabbage on a trencher." 
 
412 
 
 NATIONAL POLITICAL CONVENTIONS. 
 
 But Iio had been betrayod into prolixity by tlio interest 
 of till' occasion. BeCore closiii;;- lie wished to .speak of one 
 otliei- thill-. All men on this rnii!iii"iU are free an.l equal, 
 ami our (.idveninient I'vi-t re^il (:;■ i-riv'l ■ ri"!:ts of ci- 
 vilians. If lirivate r' ' i- ; r ; '];'::■ liherty 
 dies. Woeuntenilfnr r :, , i i :,,:.,,, ,. i ;,liaeks 
 them woiuuls the \ll 1 li n^-i n;' Iv.,,;;, i,, . :Maeveu 
 the ]ilc I ..in I -..li y :;!..> , any one to tr.aniiile iiiiMU them. 
 Tol..- ii :i ,1 In .: ;. end oil cirounistaiiie.s, ami may 
 be Mil. I . i",.|i:,[ I !,,w. Till that is liroelaimed they 
 ninstnl i. ' i:i.i ii ■;..]. Law is the reflex of order, which 
 is the p. inrinle ol' liio iiiiiverso anil God himself. When it 
 is stri' ken il.iwn all things fall with it. 
 
 Most .«a(ic.l is the grand, noble old liberty of the press. 
 Over that, in far Europe the struggle for freedom has been 
 most sternly and pertinaciously wa.ued. Let a free people 
 guard with .jealous caio the liberty of the press, and declare 
 the adniinisLiation who would strike at it as guilty of iuci- 
 vism and little less than traitors. [Applause.] 
 
 Gen. Cochrane refened to his early belief that America 
 ■was the light-house of the world — the asylum of the op- 
 pressed, lie had heard that the light had been extinguish- 
 ed, lie demanded thit America should remain the sanctu- 
 ary of freedom, tlie asylum of the oppressed throughout the 
 world. The refugee from other lands must be held in- 
 noeeat until, in accordance with law, you pronounce him 
 guilty. [Applause.] 
 
 The speaker closed with a brief reference to 
 the Monroe doctrine, and an enthusiastic asser- 
 tion of his belief in the speedy triumph of our 
 arms, which was rapturously applauded. 
 
 After the adoption of the platform, nomina- 
 tions were made. 
 
 John C. Fremont was nominated for Presi- 
 dent by acclamation. 
 
 Gen. John Cochrane was nominated for 
 Vice President, with but few voices in the neg- 
 ative. 
 
 The following letters were addressed to the 
 Convention: that of Wendell Phillips, read in 
 Ccnveution, is reported to have been warmly 
 applauded: 
 
 PROSI WENDELL PHILLIPS. 
 
 Boston, Iilay 27, 1S64. 
 
 Dear Sir : I deeply regret that it is out of my power to 
 attend the Cleveland Convention. Allow me to suggest 
 one or two things which I hoped to tirge on its attention. 
 
 Without denying whattho friends of the Administration 
 claim— that it has done something toward crushing the 
 rebellion— my charge against it is that it has not done half 
 that it should and could have done toward that cud, had it 
 used the means in its hands with an earnest and single 
 pTirpose to close the strife thoroughly and forever. It has 
 thought more of conciliating rebels than of i>nbduingthem. 
 It has avowedly forborne the use of lawful ami efficient 
 means (to wit, the abolition of slavery) until it was thought 
 indispensable, and even then has used it in a half-hearted, 
 halting way, w-ishing to save the feelings of rebels. 
 
 We have three tools with which to crush the rebellion — 
 men, money, and the emancipation of the negro. We were 
 warned to be quick ami sharj) in the use of these, because 
 every year the war lasted hardemd the South from a re- 
 br'llion into a nation, and doubled the danger of foreign 
 interference. Slavery has been our great trouble in the 
 pa.st, and, as every man s.iw, was our great danger in the 
 future. Statesmanship, said, therefore, seize at once the 
 God-given opportunity to end it, at the same time that you, 
 in the quickest, shortest, and cheapest mannei-, annihilate 
 tlio rebellion. 
 
 For three years the Administration has lavished money 
 without stint, and drenched the land in blood, and it has 
 not yet thoroughly aud heartily struck at the slave sys- 
 tem. Confessing that the use of this means is indispensa- 
 ble, the Administration has used it just enough to irritate 
 the rebels and not enough to save the State. In sixty days 
 after the rebellion broke out the Administration suspended 
 h'j.htas corpus on the plea of military necessity— justly. 
 I'or three years it has poured ont the treasm-e and blood of 
 the country like water. Meanwhile slavery was too sacred 
 to be used; th.it wis savnl lest the feelings of the rebels 
 should be hurt. 'I'll.' Ailiiiinistration weighed treasure, 
 blood, aud civil libi rf.v a-aiust slavery, and, up to the pres- 
 ent moment, h;us dii iiled to exhaust them all before it uses 
 freedom, heartily, as ;i means of battle. 
 
 Mr. Lincoln's friends tell us that if he is re-elected he is 
 re-elected lo pursue the same policy and obey the same Cabi- 
 
 net. What will be the result of another four years of snch 
 policy? Unless the South is recognized the war will con- 
 tinue; the ta.'cation needed to sustain our immense debt, 
 doubled by that time, will grind the laboring man of the 
 Xovtli ilown to the level of the pauper labor of Europe ; 
 and we shall have a Government accustomed to desiiotic 
 power for eight years — a fearful peril to democratic institu- 
 tions. 
 
 Mr. Lincoln's model of reconstruction is the experiment 
 in Louisiana, which puts all power into the hands of the 
 unchanged white race, soured by defeat, hating the labor- 
 ing classes, plotting constantly for aristocratic institutions. 
 To reconstruct the rebel St ifes on that model is only con- 
 tinuing the war in the Senate Chamber after we have closed 
 it in the field. Such reconstruction, leaving the South with 
 its labor and capital at war, puts the whole payment of the 
 debt on the industrious North, and in that way it will hang 
 on us for a century. Such reconstruction makes the free- 
 dom of the negro a sham, and perpetuates slavery under a 
 softer name. Such reconstruction, leaving the seeds of 
 discontent and division in the South in the places cf power, 
 tempts and focilitates another rebellion, at the instigation 
 or with the aid bf French-Mexico. Such reconstruction 
 dooms us to a second or third-rate place among nations, and 
 provokes foreign insult and aggression. 
 
 There is no plan of reconstruction possible within twenty 
 years, unless wo admit the black to citizenship and the 
 ballot, and use him, with the white, as the basis of States. 
 There is not in the rebel States sufficient white basis to 
 build on. If we refuse this method we must subdue the 
 South and hold it as territory until this generation of white 
 men have passed away, and their sons, with other feelings, 
 have taken their places, and northern capital, energy, and 
 immigration have forced their way into the South. Shou'd 
 we adopt that plan, and wait for those change.s, twenty 
 years must elapse before we can venture to rebuild States. 
 Meanwhile a large and expensive army, and the use of 
 despotic power by a Government holding half its territory 
 and citizens as subjects, make every thoughtful man trem- 
 ble for the fate of free government. 
 
 A quick and thorough reoi-ganization of States on a demo- 
 cratic basis — every man aud race equal before the law — is 
 the only sure way to save the Union. I urge it not for the 
 black man's sake alone, but for ours — for the nation's sake. 
 Against such recognition of the blacks Sir. Lincoln stands 
 pledged by prejudice and avowal. Men say, if wo elect him 
 he may change his views. Possibly. But three years have 
 been a long time for a man's education in such hours as. 
 these. The nation cannot afford more. At any rate, the 
 Constitution gives this summer an opportunity to make 
 President a man fully educated. I prefer that course. 
 
 The Administration, therefore, I regard as a civil and mil- 
 itary fiiilure, and its avowed policy ruinous to thu North in 
 every point of view. Mr. Lincoln may wish the end — peace 
 aud freedom — but he is wholly unwilling to use the means 
 which can secure that end. If Mr. Lincoln is rc-eloctcd I do 
 not expect to see the Union reconstructed in my day, unless 
 on terms more disastrous tff liberty than even disunion 
 would be. If I tiu-n to General Fremont, I sj,'o a man whose 
 first act was to use the freedom of the negro as his weapon, 
 I see one whose thorough loyalty to democratic institutions, 
 without regard to race, whose earnest and decisive charac- 
 ter, whose clear-sighted statesmanship aud rare militaiy 
 ability justify my confidence that in bis hands all will be 
 done to save the State that foresight, skill, decision, and 
 statesmansliip can do. 
 
 I think the Convention should incorporate in its platform 
 the demand for an amendment to the Constitution prohili- 
 itiiig slavery everywhere Avithin the Repuiilic, and forbid- 
 ding the States tomakeany distinction among tlicircitizens 
 on account of color or race. I think it .sluuiUl ileiiiaml a 
 reconstruction of States as speeiUly as possilile oil the basis 
 of every loyal man, whito or black, sharing the land and 
 the ballot. But if some of these points are not covered I 
 shall still support its action with all my heart it it puts the 
 name of Fremont or Butler on its flag. Freiiiout i-i my first 
 choice, but I can support either of tliciii; and this is an 
 hour of such peril to the Keimblic that I think men should 
 surrender all party and personal partiality, aud support 
 any man able and willing to save; the State. 
 
 If the Baltimore Convention shall nominate Mr. Lincoln, 
 then I hope we shall fling our candidate's name, the long- 
 honored one of J. C. Fremont, to the breeze, and appeal to 
 the patriotism and common sense of the people to save us 
 from another such thrive years ivs we have seen. If, on the 
 contrary, the Baltimore convention shall give us the name 
 of iiny man whom the Radicals of the Loyal States can 
 trust, I hope we shall be able to arrange some plan which 
 will unite all on a common b;isis aud carry our principles 
 into the Government. 
 
 Wishing you all success, and prepared to second your 
 effort to remove the Administration, I am, voiirs .tc., 
 
 AVENDELL PHILLIPS. 
 
 Edward Gilbert, Esq., N&w York. 
 
NATIONAL POLITICAL CONVENTIONS. 
 
 413 
 
 FROM LUCIUS ROBINSON. 
 
 State of New Tork, 
 Comptroller's Office, Albany, May 2S. 
 To Hon. A. J.Colvin: 
 
 My oflicial duties and the illness of my deputy will pre- 
 vent me from attending the meeting called for consultation 
 Rt Cleveland, the 31st instant. I trust that you will be 
 there with .\ ^^ur .m :■■ i-ti- advice. 
 
 There \v, . ; i when the safety and welfare of 
 
 thecouiiti' ! ' ' ivc-ly demanded careful delibera- 
 
 tion, with M ; 111 1 '.ute action. Wo have lived through 
 three years of war, and have survived many bad mi-itakes, 
 simply because the popular mind has been intensely fixed 
 iipon the single purpose of suppressing the rebellion at all 
 hazards and at every cost. This one idea has had such con- 
 trolling power, and "the masses have followed so steadily, 
 that it h.is served as a substitute for proper governmental 
 leadership. But it is evidentthat the time is near at hand 
 when the re-establishment of order, the removal of the 
 cause of the rebellion and the repairing of the terrible 
 desolation it has produced, will require at the head of the 
 Government the very highest qualities of leadership. IIow 
 can we hope to live as a nation through the crisis before us 
 with a weak Executive and Cabinet in a state of discord and 
 anarchy ? Will not tho country be in imminent danger of 
 falling into the same condition when it ceases to be held 
 together by the pressure of war ? It appears to me that a 
 firm assertion of sound principles and the election of the 
 greatest men, regardless of former party organizations, are 
 essential to the safety of the nation. 
 
 Wh' thcr a nominalion should be made at Oeveland or 
 not can best be determined after mecliiig and consulting 
 with those who will assemble there ; but if it shall be de- 
 cided to nominate T have no hesitation in saying tbat I be- 
 lieve the hopes of the people throughout the country are 
 resting upon General Grant as the candidate. He has dis- 
 played tho qualities which give all men confidence. H-has 
 shown himself possessed of great ability and skill, the most 
 indomitable courage and most unselfish devotion to the 
 cause of his country. Victory has attended him wherever 
 he has gone. Oae year ago all confidence in the Adminis- 
 tration was lost. The brilliant victories which have since 
 heen won by Gen. Grant have so far restored it as to en- 
 courage the Administration to attempt to re-elect itself on 
 the strength of his achievements. But in my judgment we 
 should let him who has won the honors wear them, and 
 should entrust power to one who has shown that he knows 
 how to wield it ; wc shall then have a leader at the head of 
 affairs in whom all loyal men will have confidence, against 
 wh-im there will be no prejudices, and whom all will aid 
 wilh alacrity. ' Yours, 
 
 LUCIUS ROBINSON. 
 
 FROM FREDERICK DOUGLASS. 
 
 Rochester, May 23, 1864. 
 
 Sir : I mean the complete abolition of every vestige, form, 
 modification of slavery in every part of the United States, 
 perfect equality for the black man in every State before the 
 law, in the jiir3»-box, at the ballot-box, and on tho battle- 
 field ; ample aud salutary retaliation for every instance of 
 enslavement or slaughter of prisoners of any color. I mean 
 that in the distribiition of offices and honors under this 
 Government no discrimination shall be made in favor of or 
 .sgainst any class of citizens, whether black or white, of 
 native or foreign birth. And supposing that the Conven- 
 tion which is to meet at Cleveland means the same thing, I 
 cheerfully give my name as one of the signers of tho call. 
 
 Yours, respectfully, FREDERICK DOUGLASS. 
 
 E. Gilbert, Esq. 
 
 THE PLATFORM. 
 
 Mr. Carroll, Chairman of the Committee on Resolutions,* 
 reported the following resolutions : 
 
 First. That the Federal Union shall be preserved. 
 
 (Inn and lawa of the United 
 V 1 1 1 ^t be suppressed by force of 
 
 1 ! s destroyed slavery, and the 
 I he amended to prohibit its re- 
 re to all men absolute equality 
 
 * During the Convention, Mr. Langer, of Iowa, offered 
 these resolutions, which, on the suggestion of tho Chair, 
 were referred to the committee : 
 
 "Sesotved, That the members of this Convention, or of 
 any Convention arising from this, to nominate or partici- 
 pate in the nomination of a candidate for the next Presiden- 
 tial term, and the Presidential electors of this party, pledge 
 themselves upon their honor not to accept offices of trust, 
 lionor, or profit fiom the Administration in power during 
 the next Presidential farm, and not to bo connected directly 
 or indirectly with any contract or business transaction in 
 the power (if tho Administration. 
 
 ''JiRSolval, To make it obligatory on the Presidential can- 
 didate of this party, if successful, to act accordingly." 
 
 ''liefohvd, That'tliis is not to be construed to prevent any 
 member from becoming an active combatant in tho Navy 
 and Army of the United States, in such capacity as hia re- 
 spective State may elect to employ him." 
 
 '. That til' r 
 States must be ■ i - i - 
 
 riiird. That tl . i ' 
 arms, and witlp u, - \ 
 
 Fourth. That il i 
 habeas corpus 1h' 1, i 
 tial law has l>i' n • ' 
 
 Fifth. That th- i i - 
 Federal Constitution si 
 establishment, and to ! 
 bclbre the law. 
 
 Sixth. That integrity and economy are demanded at nil 
 times in the administration of tho Government; and that in 
 time of war tho want of them is criminal. 
 
 Seventh. That tho right of asylum, except for crime and 
 subject to law, is a recognized principle of American lib- 
 erty ; that any violation of it cannot bo overlooked, and 
 must not go unrebuked. 
 
 Eighth That the nation.il policy known as the " Monroe 
 doctrine" has hr, . :n ;i i - i;:. 1 inn. i|ilc. aud that the 
 establishment dl : n : '• : , i' ' irinmcnt on this 
 
 continent by aii\ i ! i n j ■ r ■ ; i i^' t Crated. 
 
 A'tnih. That ll.< -i iiinl- .n'l iiii-il of i!i,. nation are 
 due to the faithful K(,ldirrs ami the earnest leaders of the 
 Union army and navy for their heroic achievements and 
 deathless valor in defence of our imperiled country and of 
 civil liberty. 
 
 Tenth. That the one-term policy for the Presidency, 
 adopted by the people, is strengthcm^d by tho force of the 
 existing crisis, and should be maintained by constitutional 
 amendments. 
 
 Eleventh. That the Constitution should be so amended 
 that the President and Vice President shall be elected by a 
 direct vote of the people. 
 
 Twelfth. That the question of the reconstruction of tho 
 rebellious States belongs to the people, through their repre- 
 sentatives in Congress, and not to the, Executive. 
 
 T/nrteenth. That the confiscation of the lands of the 
 rebels, and their distribution among the soldiers and actual 
 settlers, is a measure of justice. 
 
 Mr. Cat-roll stated that the committee were 
 unanimous on all the resolutions, save one — the 
 last. As a matter of expediency it was thought 
 not advisable to recommend it, l)ut the majority 
 of the committee had instructed him to report 
 it for the consideration of the Convention. 
 
 At this juncture, Mr. Gilbert announced the 
 receipt of a letter from Wendell Phillips, which 
 was warmly applauded while being read by the 
 secretary. 
 
 Mr. Ransom of New Jersey, moved that the 
 question on the resolutions be taken separately. 
 
 It was then decided to ttike up the resolutions 
 separately. The iirst, second, third, and fourth 
 were adopted without dissent. 
 
 Mr. Goodell moved to amend the fifth by de- 
 claring that slavery shall die, instead of say- 
 ing that it is dead ; for, said the mover, although 
 it is legally dead, the fact is that there are over 
 three millions of people now enslaved in the 
 southern States. He moved to substitute these 
 words: 
 
 " That the rebellion must be suppressed by tho destrno- 
 tion of its motive cause, slavery." 
 
 This was lost after a debate, and the resolu- 
 tion was adopted. 
 
 The remainder were then adopted. 
 
 LETTERS OF ACCErTANCE. 
 FEOM GEMERAL FREMONT. 
 
 New York, June 4, 1864. 
 
 Gentlemek: In answer to the letter which I have had the 
 honor to receive from you, on the part of the representa- 
 tives of tho people assembled at Cleveland, the Slsl of 
 May, I desire to express my thanks for tho confidence 
 which led them to odor me the honorable and difficult po- 
 sition of their candidate in the approaching Presidential 
 election. 
 
 Very honorable, because in offerirg it to me you act in 
 tho name of a great number of citizens who seek above all 
 things the good of their country, and who have no sort of 
 selfish interest in view. Very difflciilt, because in accept- 
 ing the candidacy you propose to me, I am exposed to the 
 
414 
 
 NATIONAL POLITICAL CONVENTIONS. 
 
 reproach of creating a Mbism in tfc^ party with which I 
 have been ideiitilled. 
 
 Had Mr. Lincoln remained ruitUitl Vo the principles he 
 was elected to Jetcnd, no sshism coul I have hcen created, 
 and no contest could havo boeo possible. This is not an 
 ordinary election. It is r» cwntcst lor the right even to have 
 candidates, and not nier»!y, as usaai, lor the choice among 
 them. Now, for the first lime since '76, the question of 
 constitutional liberty has bp«ii brought directly before the 
 people for their serious consideration and vote. The ordi- 
 nary rights secured under the Constitntjon and the laws of 
 the country have been TKWnied and extraordinary powers 
 have been usurped by Ui« iCxecutiva. It is directly before 
 the people now to say whslhep or not the principles estab- 
 lished by the Revolution arc worth maintaining. 
 
 If, as we have been taught to believ*, those guarantees 
 for liberty which made the distinctive name and glory of 
 our country, are in truth inviolably sacred, then here must 
 be a protest against the arbitrary violation which had not 
 even the excuse of a necessity. The schism is made by 
 those who force tlie choice between a shameful silence or a 
 protest against wrong. In such considerations originated 
 the Cleveland Convention. It was among its objects to 
 arouse the attention of the people to such facts, and to 
 bring them to realize that, while we are saturating South- 
 ern soil with the best blood of the country in the name of 
 liberty, we havo really parted with it at home. 
 
 To-day we have in the country the abuses of a military 
 dictation without its unity of action and vigor of execution — 
 an Administration marked at home by disregard of consti- 
 tutional rights, by its violation of personal liberty and the 
 liberty of the press, and as a crowning shame, by its aban- 
 donment of the right of asylum, a right especially dear to 
 all free nations abroad. Its course has been characterized by 
 a feebleness and want of principle which has misled Eu- 
 ropean powers and driven them to a belief that only com- 
 mercial interests and personal aims are concerned, and that 
 no great principles are involved in the issue. The admira- 
 ble conduct of the people, their readiness to make every 
 sacrifice demanded of them, their forbearance and silence 
 under the suspension of everything that could be suspended, 
 their many acts of heroism and sacrifices, were all rendered 
 fruitless by the incapacity, or to speak more exactly, by the 
 personal ends for which the war was man.aged. This inca- 
 pacity and selfishness naturally produced such results as led 
 the European powers, and logically enough, to the convic- 
 tion that the North, with its greatly superior population, 
 its immense resources, and its credit, will never be able to 
 recover the South. Sympathies which would have been 
 with us from the outset of this war were turned against us, 
 and in this way the Administration has done the country a 
 double wrong abroad. It created hostility, or at best in- 
 difference, among those who would have been its friends if 
 the real intentions of the people could have been better 
 known, while, at the same time, it neglected no occasion for 
 making the most humiliating concessions. 
 
 Against this disastrous condition of affairs the Cleveland 
 Convention was a protest. 
 
 The principles which form the basis of its platform havo 
 my unqualified and cordial approbation, but I cannot so 
 heartily concur in all the measures which you propose. / 
 do not believe that confiscation extended to the properly of all 
 rebels, is practicable, and if it were so, I do not think" it a 
 measure of sound policy. It is, in fact, a question belong- 
 ing to the people themselves to decide, and is a proper oc- 
 casion for the exercise of their original and sovereign au- 
 thority. As a war measure, in the beginning of a revolt 
 which might be quelled by prompt severity, I understand 
 the policy of confiscation, but not as a final measure of re- 
 eonstruction after the suppression of an insurrection. 
 
 In the adjustments which are to follow peace no consid- 
 erations of vengeance can consistently be admitted. 
 
 The object of the war is to make permanently secure the 
 peace and happiness of the whole country, and there was 
 but a single elemsnt in the way of its attainment. This 
 element of slavery may be considered practically destroyed 
 in the country, and it needs only your proposed amendment 
 of the Constitution, to make its extinction complete. 
 
 With this extinction of slavery the party divisions cre- 
 ated by it have also disappeared. And if in the history of 
 the country there has ever been a time when the American 
 people, without regard to one or another of the political 
 divisions, wore called upon to give solemnly their voice in 
 a matter which involved the safety of the United States, it 
 is assuredly the present time. 
 
 If the Convention at Baltimore will nominate any man 
 whose past life justifies a well-grounded confidence in his 
 fidelity to our cardinal principles, there is no rejisrm why there 
 should be any division among the really patriotic men of the 
 country. To any such 1 shall bo most happy to give a cordial 
 and active support. 
 
 My own decided preference is to aid in this way, and not 
 to bo myself a candidate. But if Mr. Lincoln should be 
 laominated — as I believe it would be fatal to the country to 
 
 indorse a policy and renew a power which has cost us tlie 
 lives of thousands of men, and needlessly put the country 
 on the road to bankruptcy — there will remain no other 
 alternative but to organize against him every element of 
 conscientious opposition with the view to prevent the mis- 
 fortune of his re-election. 
 
 In this contingency, I accept the nomination at Cleve- 
 land, and, as a preliminary step, I have resigned my commis- 
 sion in tlie army. This was a sacrifice it gave me pain to 
 make. But I had for a long time fruitlessly endeavored to 
 obtain service. I make this sacrifice now only to regain 
 liberty of speecli, and to leave nothing in the way of dis- 
 charging to my utmost ability the task you have set for me. 
 
 With my earnest and sincere thanks for your expressions 
 of confidence and regard, and for the many honorable terms 
 in which you acquaint me with the actions of the Conven- 
 tion, I am, gentlemen. 
 
 Very respectfully and truly yours, 
 
 J. C. FKEMONT. 
 To Worthington G. Snethen of Maryland, Edward Gilbert 
 
 of New York, Casper Butz of Illinois, Charles E. Moss of 
 
 Missouri, N. P. Sawyer of Pennsylvania, a Committee, &o. 
 FROM GENERAL COCHRANE. 
 
 New York, June 4, 1864. 
 
 Gentlemen: I have received your note informing m« 
 officially of my nomination by the Radical Democracy at 
 Cleveland, on the 31st ultimo, as their candidate for Vico 
 President of the United States, on the ticket with JohnC. 
 Fremont as their candidate for President. 
 
 I have been accustomed to regard simply as a duty pep- 
 formed what you are pleased to represent as personally 
 meritorious, and to regret the physical disability which 
 alone withdrew me from the immediate scene of war. 
 
 I concur in the action and agree with the principles of 
 the Convention. Where by its twelfth resolution the ques- 
 tion of reconstruction is referred to the constitutional ao 
 tion of the people, it wisely committed to them an issue 
 peculiarly within the province of the future, and not yet 
 sufficiently emerged from war, to warrant po.sitive opinion. 
 
 While I have ever supposed confiscation and >ise of the 
 property of an enemy in arms to be a laudable exorcise of 
 an established and essential rule of civilized war, I am 
 pleased to observe that the Convention, when asserting the 
 justice of the principle, intended to remit its exercise to the 
 discretion of the people, hereafter manifested through their 
 representatives in Congress, when considering the para- 
 mount question of reconstruction This was j udicious ; 
 for, indeed, so blended must be the various nietliods— sa- 
 questration, confiscation, military absorption and occupa- 
 tion—that shall hereafter co-operate to evolve order from 
 confusion, and to restore the Government, that it is difficult, 
 if not impossible, now, when affirming the principle, to 
 provide for its application. 
 
 I have the honor, gentlemen, to accept the nomination 
 for the Vice President of the United States, which you haijc 
 te-idered to me under the direction of the Convention. 
 
 I am, very respectfully, yours, 
 
 JOHN COCHRANE. 
 
 To the Committee. 
 
 Speech of Colonel Cochrane. 
 
 Delivered to his Regiment, First United States Chas- 
 seurs, November 13, 1861. 
 
 It having been announced that Colonel John Cochrane 
 would speak to his regiment, at their camp, on the occasion 
 of their first appearance in new uniforms, on the afternoon 
 of Friday, the 13th of November, instant, a large assemblag>» 
 of ladies and gentlemen was congregated to hear liim. A 
 stagins; had been improvised beneath a spreading oak, wher«, 
 con-pi'cuous among the audience, sat the Secretary of War, 
 dignified and composed. In front, in enclosing lints, stood 
 the imposing regiment— the first United States Chasseurs, 
 steady, exact, and attentive. Within the square a regimen- 
 tal band uttered harmonious music, while the reddenii>g 
 rays of the descending sun enveloped the audience, soldiery 
 Secretary, and orator, in rosy rays, that imparted a soft 
 beauty to the scene, and conveyed the pleasing illusion at- 
 tendant upon dramatic effect. The Colonel then advanced, 
 and notified his hearers that one of the companies of th» 
 regiment had selected this as a fitting opportunity to pre- 
 sent to one of their lieutenants (Morton) a small token of 
 their admiration and esteem. The preliminary ceremony 
 was agreeably and satisfactory finished. It was then that 
 Colonel Cochrane arose, and, justly inspired by the Bcen» 
 and the circumstances which produced it, spoke as follow#« 
 Soldiers of the First United States Cliasseurs: 
 
 [Br.avo'Colonel.] I havo a word to say to you to-d.ay. Yon 
 have engaged in an arduous struggle. You have prosecuted 
 it; you intend to prosecute it; you have stootl untiiiichingly 
 before the enemy; you have proved yourselves patriotic, 
 able, and tried soldiers, and you are entitled to the moedof 
 
NATIONAL POLITICAL CONVENTIONS. 
 
 415 
 
 praise. 1, your commander, this day feel that it is a pfoTid 
 duty to extend to you the hand ol" approbation, and to de- 
 chire that you are worthy of your country. 
 
 Soldiers, you have undergouo labor; you have faced the 
 enemy; you have stood witliout retreating before their fire; 
 you have borne the inclemencies of the season, and you are 
 ready to advance with that grand army of which you are a 
 part. Your country opens its arms, and receives you to its 
 bosom. It will always praise and applaud you. Its com- 
 manders stand at the head of the column, and, with you 
 behind them, they are not to be deterred. But the com- 
 mand is forthcoming— forward, march 1 toward the enemy. 
 Take his possessions, for they are yours ; they are yours to 
 occupy ; they are yours to enjoy ; you are no marauders, 
 you are no plunderers of property not your own, but you 
 are the avengers of the law ; you are the right arm of the 
 Constitution ; under your flag march patriotism and order, 
 and republican institutions ; in your train follow peace, 
 prosperity and liberty ; you are the servants of these high 
 potentates, and the arm through which they strike is the 
 arm of the worthy public servant who stands behind me 
 on this occasion, the Secretary of War. 
 
 Soldiers, you have been called to the field, not as ma- 
 rauders and mercenaries, but as the defenders of our high 
 faith, defenders of our glorious reputation, defenders of our 
 honor and renown, around which cluster the memories of 
 the past, and whose feats and performances will yet distin- 
 guish the future. You are led forward by a commander 
 under whom to serve it is a pride for the highest among us. 
 lie enjoys the confidence of the people, and his reputation 
 already renders powerless the arms of your enemies. By 
 him we have won victories in the South, and by these vic- 
 tories we have assurances of triumph yet to come. Beau- 
 fort is ours — Charleston may be ours — the whole country 
 now disintegrated may shortly be united by the force of 
 those arms of which you are a part, and tlie Union once 
 more sisuify to the world the intent of that glorious motto, 
 E Pliiribiis Uiium. Then no longer shall be heard that fell 
 doctrine of secession, which would tear us asunder, and dis- 
 tract, part from part, this glorious Union ; but we shall all 
 be as we have been, one and inseparable, under the flag of 
 our glorious nationality, won by our fathers, and preserved 
 by you. [Applause.] Here is assembled upon the banks of 
 the Potomac an army the like of which the world h;is never 
 seen. The motive which has gathered that army together 
 never before was presented to the eye of history. It was 
 congregated by no despotic order; it was the voluntiu-y wish, 
 the motive power, of every man composing it — the power 
 of men rushing, as with one purpose, to reinstate the flag 
 of our Union and save the Republic. That, soldiers, is your 
 mission; and you have a commander who with lightning 
 speed will lead you to conquest, and with equal speed will 
 transmit the glory of your labors to the remotest corners oi 
 our country. And now permit me, though the shades ot 
 night are falling upon us, to indulge in a few words as to 
 the cause of the war, and the means by which it is to be 
 brought to a successful termination. The material aid I 
 have already averted to ; the motive power remains to be 
 commented upon. Ou the one side you have the Confeder- 
 ate army ; on the other side you have the grand Union— the 
 Federal army. Now, the difference between these two 
 words, in their common acceptation, is the cause for which 
 these two armies are fighting. It is Secession against Fed- 
 eration, Federation against Secession. Nationality against 
 disunion ; confusion against order ; anarchy against a good, 
 free, and liberal Government— a Government made equally 
 by the Fathers of the South and the Fathers of the North. 
 We are in a revolutionary period. The South contends for 
 the right of revolution. We .admit the right ; but, while we 
 admit it, we invoke the sole umpire which nuiy be invoked 
 on such occasions — the umpire of the sword, the umpire of 
 force, the ultima ratio, that last effort to which men appeal 
 when they have differences otherwise irreconcileable. 
 
 They— the South— have resorted to arms, and they have 
 compelled us to the same resort; and if they claim that it is 
 a war of self-preservation on their part, it is equally a war 
 of self-preservation on ours ; and if we are in controversy 
 for very existence, then I contend that all the resources, all 
 the means within ourselves, individually, collectively, and 
 nationally, must be resorted to and adopted. [Applause.] 
 Butsometiii 11.1— a doubter — exclaims: " Would you disrupt 
 and tear a-uml r the Constitution?" Where is the Consti- 
 tution? \\uuld you tread and trample upon that sacred 
 itistrument, and no longer acknowldge its binding force, no 
 longer be bouuti by its compromises and decrees ? I answer, 
 no. The Constitution, by the necessity of the controversy, 
 is cast behind thearenaof the strife. May it rest there safe, 
 until the present strife being over it shall be restored to its 
 original purity and force. Like the sibyl leaves when lost, 
 the remainder become more valuable in our eyes, and in the 
 midst of the carnage we will clasp to our bosoms that in- 
 strument whose worth h:us never been transcended by human 
 efforts. Soldiers, to what means shall we resort for our 
 existonce ? This war is devoted not merely to victory and ita 
 
 mighty honors, not merely to the triumph which moves in 
 glorious procession along our streets, lint it is a warwliich 
 moves towards the protection of our homes, the safety of 
 our famines, the continuation of our domestic altars, and 
 the protection of our firesides. In such a war we are jus- 
 tified, are bound to resort to every force within our power. 
 Having opened the port of Beaufort, we shall be able to 
 export millions of cotton ba'.es, and from these we may 
 supply the sinews of war. Do you say that we should not 
 seize the cotton? No; you are clear upon that point. Sup- 
 pose the munitions of war are witliin our reach, would wo 
 not be guilty of shameful neglect, if we availed not our- 
 selves of the opportunity to use them? Suppose the ene- 
 my's slaves wero arrayed against you, would you. from any 
 squeamishness, refrain from pointing against them the hos- 
 tile gun, and prostrating them in death 1 No ; that is yoiur 
 object and purport ; and if you would seize their property, 
 open their ports, and even destroy their lives, I ask you 
 whether you would not use their slaves ? Whether you 
 would not arm their slaves [great applause.] and cariij them 
 in battaltms against their masters ? [Renewed and tumul- 
 tuous applause.] // necessary to save this Govertiment, I 
 would iJlunge tlieir whoU country black ami white, into one 
 indiscriminate sea of blond, so Xhat we should in the end 
 have a Government which would be the vicegerent of God. 
 Let us have no ;nore of this dillelauie system, but let us 
 work with a will and a purpose that cannot bo mistaken. 
 Let us not put aside from too great a delicacy of motives. 
 Soldiers, you know no such reasoning as this. You have 
 arms in your hands, and those arms are placed there for the 
 purpose of exterminating an enemy unless he submits to 
 law, order, and the Constitution. If he will not submit, ex- 
 plode evciy thing that comes in your way. Set fire to the cot- 
 ton. Explode the cotton. Take jyroperty wherever you may 
 find it. Take the sluve and bestow him upon the non-slave- 
 holder if you please. [Great applause.] Do to them as they 
 would do to us. Raise up a party of interest against the 
 absent slaveholder, distract their counsels, and if this should 
 not be sufficient, take the slave by the hand, place a musket in 
 it, and in God's name bid him strike for the liberty of the 
 humanrace. [Immense applause.] Now, is this emancipa- 
 tion? Is this abolitionism? I do not regard it as either. 
 It no more parts^^s of Abolitionism than a spaniel 
 partakes of the nature of the lion. Abolitionism is to 
 free the slaves. It is to make war upon the South for 
 that purpose. It is to place them above their masters 
 in the social scale. ■ It is to assert the great abstract 
 principles of equality among men. But to take the slave 
 and make him 'an implement of war in overcoming your en- 
 emy, that is a military scheme. It is a military necessity, 
 and the commander who does not this, or something equiv- 
 aleat to it, is unworthy of the position he holds, and equally 
 un ivorthy of your confidence. Emancipation ! Are we en- 
 gai;ed in a war of emancipation ? If so, who commenced 
 the war? Not we. And if wo did not commence the war, 
 we cannot be charged with its consequences. Where had 
 it its origin? It had its origin in the South. It was and 
 has been a war of the South against the free institutions of 
 the North. Let me illustrate. Are we to free their slaves f 
 We do not intend it. Do you recollect the resolution which 
 was passed the last session of Congress, which distinctly 
 declares that it never was intended by anybody in this wide 
 land to free the slave. " Compromise," too, has been talked 
 of this matter. Why did they not compromise ? Because 
 it was not their object. I say this fearlessly, for I infer it 
 from scenes in which I was an actor. 
 
 At Charleston, I remember, that when satisfied that Mr. 
 Douglas could not, while they remained in the convention, 
 be nominated for the Presidency, they nevertheless with- 
 drew. It was, if my remembrance is not at fault, near 
 the midnight hour, at the prominent headquarters of the 
 southern array, that Messrs. Yancey and Percy Walker 
 entered the room. Those present had previously concluded, 
 upon careful calculations, that the South abiding by the 
 convention. Judge Douglas could not receive two thirds of 
 the vote of the convention. This conclusion was commu- 
 nicated to these gentlemen, who, as I understand, having 
 reviewed the calculations, and e.xpressed their reliance upon 
 them, declared, when leaving, their determination to re- 
 main in the convention. It was at the opening of the con- 
 vention on the very next morning, that Mr. Walker sent to 
 the chair the act of secession of Alabama therefrom. The 
 morning deed declared miirvelously, when contrasted with 
 the midnight profession, that the act of secession was but 
 a foregone conclusion, necessary to precipitate the only 
 issue to which they desired to be a party. 
 
 Nothing could be satisfactory to these, except that arms 
 should bo resorted to, and the fate of revolution abided by. 
 I declare, therefore, that the war is not of our originating, 
 but it has been forced upon us by a crafty enemy — an enemy 
 resolved to do or die ; to destroy our free Government, or 
 perish in the attempt. And what is tlieir object? Why, 
 their oliject is to tear down thi j proud, noble, and beneficent 
 Government, to estahhsh a reign of terror, anarchy, aoA 
 
4 16 
 
 NATIONAL POLITICAL CONVENTIONS. 
 
 confiscation, in the land ; to implant upon this our soil the 
 hiileoas doctriuo of the right of secession, so that when one 
 State eccedes another may secede, and still anothoi-, and 
 still another, so that within furty-eight hours, by the light 
 of their reason and the exactness of their judgment, you 
 may establish on this continent tliirty-four independent 
 governments. Thirty-four, did I say? Why, no, not thirty- 
 four merely, but every county and every city, and every 
 village and hamlet ; nay, every person who suffers from in- 
 digestion at the dinner table may claim the same right; 
 and thus, soldiers, we shall have the confusion and disorder 
 which will plunge into dismay and ruin the bc;st and most 
 benevolent govornmeut in the world. Now, what is our 
 object ? It is simply to arrest the sway of this fell spirit of 
 secession. It is to maintain our Goverimiont, to establish 
 and vindicate law and ordor, without which neither happi- 
 ness nor prosperity can exist. You arc engaged, too, by the 
 strength of your arms, to protect our commerce with other 
 nations, and when victory crowns your devotion to your 
 country's cause — as it assuredly will — you will be proudly 
 pointed at as the champions of American rights, as men 
 who have maintained their dearest principles, and as those 
 who, from tliis time forward, shall live in the most grateful 
 remembrance of the living, and whose names shall descend 
 with marks of imperishable honor to the remotest pos- 
 terity. Cut, soldiers, to accomplish all this, not merely 
 arms are necessary, not merely men to carry them, but 
 that powerful and overwhelming spirit which constitutes 
 and makes us men, that spirit which lifts us above the 
 creeping things of the earth, and brings near the Deity, in 
 accomplishing his work on earth. Oh, then, let us' not 
 think that the " battle is to the strong " — let us not merely 
 depend on discipline and order, but with that fervidness of 
 sonl which inspired our fathers at Bunker Hill, and Saratoga, 
 and Yorktown, come forward and give effect to all that is 
 Talaable in the name of patriotism, and honoi-, and religion. 
 
 Never, no never, will you succeed until that spirit is onco 
 more manifested and developed which actuated the soldiers 
 of Cromwell, who, on the field, invoked the Lord their God 
 to arise. So let it be with us. We must be at least one 
 with Him in spirit. Let us, like Cromwell, invoke the Al- 
 mighty blessing, and, clothed with the panoply of patriot- 
 ism and religion, strijie for our homes and our country. [Im- 
 mense cheering.] Let us — oh, let us — without reference to 
 any differences of the past, keep our eye>s steadfastly on the 
 great object to be achieved, the nationality and independ- 
 ence of this country, the salvation of civilization from the 
 insults and assaults of barbarism; and then, but not till 
 then, will you be worthy to be recognized as a distinguished 
 portion of our great American army. [Long continued 
 cheering from the whole regiment.] 
 
 Upon the conclusion of Colonel Cochrane's speech, loud 
 and repeated calls being made for the Secretary of War, Mr. 
 Cameron came before the regiment, and said : 
 
 Soldiers : It is too late for me to make you a speech to- 
 night, but I will say that I heartily approve every senti- 
 ment uttered by your noble commander. The doctrines 
 which ho has laid down I approve of as if they were my 
 own words. They are my sentiments — sentiments which 
 will not only lead you to victory, but which will in the end 
 reconstruct this our glorious Federal Constitution. It is 
 idle to talk about treating with these rebels upon their own 
 terms. We must meet them as our enemies, treat them as 
 enemies, and punish them as enemies, until they shall learn 
 to behave themselves. Every means which God hasplaced in 
 rmr hands it is our duty to use for the purpose of protecting 
 ourselves. I am glad of the opportunity to say here, what 
 I have already said elsewhere, in these few words, that 1 
 approve the doctrines this evening enunciated by Colonel Coch- 
 rane. [Loud and prolonged cheering.] 
 
APPENDIX. 
 
 Democratic National Convention. 
 
 1864, August 20— The body met at 12 o'clock, 
 in Chicago, 111., and was called to order by the 
 Chairman of the Democratic National Commit- 
 tee, August Belmont, who said : 
 
 Gentlemen of the Convention : We are assembled here 
 to-day, at the National Democratic Convention, for the pur- 
 pose of nominating candidates I'or the Presidency and Vice 
 Presidency of the United States. This task, at all times a 
 most important and arduous one, has, by the sad events of 
 our ci,vil war, assumed an importance and responsibility of 
 the most fearful nature. Never, since the formation of our 
 government, has there been an assemblage, the proceedings 
 of which were fraught with more momentous and vital 
 results, than those which must flow from your acti m. 
 Towards you, gentlemen, are diroctLd at this moment the 
 anxious fears and doubts, not only of millions of Aniencan 
 citizens, but also of every lover of civil liberty throughout 
 the world. [Cheers.] In your hands rests, under the ruling 
 of an all-wise Providence, th6 future of this Eepublic. 
 lour years of misrule by a sectional, fanatical and corrupt 
 party, have brought our country to the very verge of ruin. 
 The past and present are sulficient warnings of the dis- 
 astrous consequences which would befall us if Mr. Lincoln's 
 re-election should be made possible by our want of patriot- 
 ism and unity. The inevitable results of such a calamity 
 must be the utter disintegration of our whole political and 
 social system amidst bloodshed and anarcliy, with the great 
 problems of liberal progress aud self-government jeopar- 
 dized for generations to come. 
 
 The American people have at last awakened to the con- 
 viction that a change of policy and administration can 
 alone stay our downward course; and they will rush to the 
 support of your candidate aud platform, provided you will 
 offer to their suffrage a tried patriot, who has proved his 
 devotion to the Union aud the Constitution, and provided 
 that you pledge him and yourselves to maintain that hal- 
 lowed inheritance by every effort aud sacrifice in your 
 jjower. [Loud applause.] Let us, at the very outset of our 
 proceedings, bear in mind that the dissensions of the la.st 
 democratic convention were one of the principal causes 
 which gave the reins of government into the hands of our 
 opponents; aud let us beware not to fall again into the 
 same fatal error. We must bring at the altar of our 
 country the sacrifice of our prejudices, opinions and con- 
 victions — however dear and long cherished they may be— 
 from the moment they threaten the harmony and unity of 
 action so indispensable to our success. Wo are here not as 
 war democrats, nor as peace democrats, but as citizens of 
 the great Republic, which we will strive to bring back to 
 its former greatness and prosperity, without one single star 
 taken from the brilliant constellation that once encircled 
 its youthful brow. [Cheers.] Let peace and disinterested 
 patriotism, tempered by moderation and forbearance, pre- 
 side over our deliberations ; and, under the blessings of the 
 Almighty, the saci'ed cause of the Union, the constitution 
 and the laws, must prevail against fanaticism aud treason. 
 [Loud cheering.] 
 
 Mr. Belmont named as temporary chairman 
 Ex-Governor William Bigler, of Pennsylvania, 
 who said : 
 
 Gentlemen of the Convention : I nm greatly honored in 
 your selection of me to preside over (he preliminary delib- 
 erations of this body. My acknowledgments for this high 
 cumpliniHnt, and for the kind greetings just extended to 
 mo by this vast concourse of my fellow citizens, will bo 
 best manifested by a proper discharge of the duties of the 
 position to '.vhichyou have called me. 
 
 It is not expected, nor would it be befitting in one 
 assuming the temporary Presidency of the convention, thiit 
 hu should enter upon any general discussion of the many 
 27 
 
 interesting topics suggested by the unhappy condition of 
 our country. A brief allusion to the occasion and purposes 
 of our assembling is all that will be necessary. No similar 
 body ever assembled in America with mightier otjects 
 before it, or to which such a vast proportion of the Ameri- 
 can people looked with such profound solicitude for measures 
 to promote the welfare of the country and advance their 
 individual happiness. 
 
 The termination of democratic rule in this country was 
 the end of peaceful relations between the States and the 
 people. The elevation of a sectional party to authority at 
 Washington, the culmination of a long indulged and acri- 
 monious war of crimination and re-crimination between 
 extreme men of the North and South, was promptly fol- 
 lowed by dissolution and civil war. And in the progress of 
 that war the very bulwarks of civil liberty have been 
 imperiled and the whole fabric brought to the very verge 
 of destruction. And now, at the end of more than three 
 years of a war unparalleled in modern times, for its mag- 
 nitudennd for its barbarous desolations — after more than 
 two millions of men have been called into the field, on our 
 side alone, after the land has been literally drenched in 
 fraternal blood, and wai lings and lamentations are heard in 
 every corner of our common country, the hopes of the 
 Union, our cherished object, are in nowise improved. The 
 men now in authority, because of the feud which they have 
 BO long maintained with violent and unwise men of the 
 South, and because of a Vlind fanaticism about an institu- 
 tion of some of the States, in relation to which they have 
 no duties to perform and no responsibilities to bear, are 
 rendered incapable of adopting the proper means to rescue 
 our country — our whole country — from its present lament- 
 able condition. Then, gentlemen, it is apparent that the 
 first indispensablo step to the accomplishment of this great 
 work is the overthrow, by the ballot, of the present admin- 
 istration, and the inauguration of another in its stead, 
 which shall directly and zealously, but temperately and 
 justly, wield all the influence and power of the government 
 to bring about a speedy settlement of the national troublea 
 on the principles of the constitution and on terms honor- 
 able and just fo all sections, Norlh and South, East and 
 West; one which shall stand unfalteringly by civil and 
 religious liberty ; one which, instead of relying solely on 
 its own peculiar dogmas and doctrines and the ravages of 
 the sword, shall reler the national troubles to the people, 
 the fountain of political authority, and to the States under 
 the forms of the constitution ; one which shall have no 
 conditions precedent to the restoration of the Union, but 
 which shall diligently seek that resultas the consummation 
 of permanent peace amongst the States and renewed fra- 
 ternity amongst the people. 
 
 Gentlemen, wo have been commissioned by the people to 
 come here and initiate steps to acconiiili^h th.sc gieat 
 objects; to select an agent and the agen< i'S in tliis gnod 
 work. That the task will bo well performed 1 have unfal- 
 tering faith; and that the people may sanction and God 
 may bless these means to the desired end, is my sincere 
 prayer. 
 
 Rev. Dr. Robert II. Clarkson, of the Episco- 
 pal Church, offered a prayer, alter which the 
 names of delegates were called, and Commit- 
 tees appointed on Credentials, Org<iniz!nion, 
 and Resolutions. The latter was thus composed : 
 
 Commiltee on Jlcsolutions—'iihunc, John W. Dana ; New 
 Hampshire, Edwin Pease; Massachusetts, George l>uMt; 
 Connecticut, Charles R. IngersoU ; Vermont,!. P. K'lllie'.il : 
 Rhode Island, Charles S. Bradley: Ni-w York, Sannid .). 
 Tilden; New Jcrsev, Abniliam ISmwiiin;' ; l^■l^l^vlv.•■l,iH, 
 WilliamA. Wallace; Di'l;nv:nv.( I,:, 1. i:i ^. m ■ 'i ■ V.f.l. 
 Thomas G. Pratt; KlIllu.l,^, Th. mi N iw ,.■"•' 
 
 James Guthrie; Ohio, Clniu 111 I,. \ .ill.niMi - 1 i .i : .i ..an, 
 James M. llanna: Illiiioi.s S. .S. M:n>n.Al , Jli, ui-.ui, 
 Augustus C. Baldwin: Missouri, William A. Uall; iiiiine- 
 sota, E. 0. Uamliu; Wioconsiu, Georgo B.Smith; Iowa, 
 417 
 
418 
 
 APPENDIX. 
 
 James F. Bates; California, John B. Weller; Kansas, Wm. 
 C. McDowell ; Oregon, Benjamin Stark. 
 
 And to it were referred the resolutions of- 
 fered in open convention, as follows : 
 
 By Wasbington Hunt, of New York: 
 
 Hcsolved, That in the future, as ii\ the past, we will 
 adhere with unswerving fidelity to the Union and the Con- 
 stitution, and insist, on maintaining our national unity as 
 the only solid foundation of our strength, security and 
 happiness as a people, and as a franieworlt of govurnment, 
 equally conducive to the welfare and prosperity of all the 
 States botli Xortlieru and Southern; and, with a view to 
 terminate the pending conflict and restore the blessings of 
 peace, we are in favor of an armistice, and of earnest, 
 honorable efforts to adjust the terms of settlement and 
 Union on the basis of the constitution of the United 
 States ; and, for the final solution of all differences, wo 
 would recommend a convention of the States to review the 
 constitution, and adopt such amendments and modifica- 
 tions a.s may seem necessary, more fully to insure to each 
 State the enjoyment of all its rights aiid the undisturbed 
 control of its domestic concerns, according to the original 
 intent and purpose of tlie Federal compact. 
 
 Cy Thomas L. Price, of Missouri : 
 I?rsohrd, That, in this great crisis of our national history, 
 the freedom and purity of the elective franchise — that 
 sacred right of freemen secured to us by the blood of our 
 fathers, and the guaranties of the constitution, must be 
 maintained against all assaults, intimidation, or interfer- 
 ■nce; and we hereby pledge, each to the other, and all of 
 tis to our common country, our lives, our fortunes, and 
 sacred honors, to make common cause with the people of 
 any and every State where the same may bo assailed or 
 trampled upon ; to the end that tlio constitutional expres- 
 sion of the popular will and the inestimable right uf self- 
 government may be secured for ourselves and our posterity. 
 
 By Alexander Long, of Ohio : 
 Ilesolved, That a committee, to be composed of one mem- 
 ber from each State represented in this Convention, to be 
 selected by the respective delegations thereof, bo appointed 
 for the purpose of proceeding forthwith to the city of 
 ■Washington, and, ou behalf of this Convention and tlie 
 lieople, to a.sk Mr. Lincoln to suspend the operation of tlie 
 l>ending draft for 500,000 more men until the people shall 
 have an opjiortunity through the ballot box in a free elec- 
 tion—uninfluenced in any manner by military orders or 
 military interference — rf deciding the question, now fairly 
 presented to them, of war or peace, at tlie approaching 
 election in November; and that said committee bo and they 
 are hereby instructed to urge i»pon Mr. Lincoln, by what- 
 ever argument they can employ, to stay the flow of fraternal 
 blood, at least so far iis the pending draft will continue to 
 augment it, until the people, the source of all power, shall 
 h ive an opportunity of expressing their will ibr or against 
 the further prosecution of the war in the choice of candi- 
 dates ibr tho Presidency. 
 
 By Hamilton Alricks, of Pennsylvania : 
 We, the representatives of the democratic party of the 
 United States of America, in Mational Convention a.sseni- 
 bled, for the pm-pose of nominating candidates for tho high 
 oflices of President and Vice President, to bo voted forat 
 tlio ensuing election, point with pride and satisfaction to 
 file past history of our common country, her great and 
 marvelous prosperity, under democratic administration. 
 Tlicrefore, in order to restore and preserve tho integrity of 
 our once iiappy Union, re-establish justice and domestic 
 tranquility throughout our borders, promote the general 
 welfare, and secure the return of the blessings of liberty 
 vouchsafed to us by our fonfathers, we here renew and 
 declare our unalterable attachment to the Union, and tliat 
 it must be preserved in its integrity. Believing that tlie 
 desirable object can be obtained if we profit by tho wisilom 
 of our forcfatiiers, wo here adopt as our sure and broad 
 platform the constitution of the United States in its length 
 and breadtli, and pledge our candidates to maintain, pre- 
 bcrve, protict, and defend the same. 
 
 Rcsoh-cd, Tliat we cannot view withindifTcrenco the open 
 repudiation and violation of tho Monroe doctrine, the 
 establishment of an empire on the ruins of a neighboring 
 republic; and that we view with greater alarm and di.striist 
 tho fearful strides of tlie general administration at our 
 national capital towards despotism, in their repeated inter- 
 ference witli State rights, with tlie liberty of speech, of the 
 press, and tho right of private property; wherefore, we call 
 (m all true and incorruptible patriots to lay aside tlieir 
 partisan prejudices, to look our bleeding country's troul'Ies 
 in the face, calmly to consider tho fe: rful waste of blood 
 and treasure tlirough the unwise acts and misguided policy 
 of the present national administratiou, and assist iu chang- 
 
 ing our nilere, that we may rescue onr beloved country and 
 the liberties of the people from certain ruin. 
 
 Unsolved, That wo will use all honorable means known 
 to civilized nations to bring to a spjedy termination the 
 unhappy dilBculties that disturb our country. 
 
 August 30 — The permanent organization was 
 made, with Govc-rnur Horatio Seymour, of New 
 York, as President. On taking the chair, he 
 said : 
 
 OnsTLEMEN OP THE Co^•TEXTIO^f : I thank you for the high 
 honor you have conferred upon me in making me President 
 of this body. The importance of the occasion has already 
 been expressed in fitting words by yon;- temporary chair- 
 man. 1 have not language to tell with what anxious solici- 
 tude the people of tliis country watch our proceedings. 
 Tlie prayers of men and women in ten- thousand homes go 
 up to heaven that we may be so guided in our deliberations 
 that our action nlay conduce to the restoration of our 
 Union, to the return of peace, and the maintenance of 
 liberty in this land. [Cheers.] 
 
 It is not for me to forecast your action — it is not for mo 
 to say what methods may be adopted to relieve this afflicted 
 country of ours. But while I may not speak ou that sub- 
 ject, I can, wi.h propriety, allude to the sentiments which 
 animate you all. There is no man here who does not love 
 the Union. [Cheers.] There is no man here who does not 
 desire peace. [Cheers.] There is no man here who is not 
 resolved to uphold the great principles of constitutional 
 freedom. [Applause.] 
 
 I know that the utmost importance attaches to all your 
 proceedings. I know it is of vital consequence that yon 
 should select such men, as your candidates, as enjoy the 
 confidence of the American people. But beyond platforms 
 and beyond candidates, there are other considerations of 
 still gi-eater significance and importance. AVheii you wish 
 to know what the policy of party will be, you must strive 
 to learn the pas'iona and sentiments which animate that 
 party. Four years ago, in this city, there was an assemblage 
 of citizens from the (lifierent parts of our country, who met 
 here for the purpose of placing in nomination a candidate 
 for the Presidency. They put forth declarations that they 
 would not interlere with the rights of the States of this 
 Union. They did not intend to destroy our country — they 
 did not mean to bieiik <lowii its institutions. But unhap- 
 pily they were iniln-iifil I'v -actional prejudices, by fanati- 
 cism, by bigotry, .Mill ly ini leiance; and we have found 
 in the course of tin: ln^t l lU' years that their animating 
 sentiments have oveiiuk-d their declarations and their 
 promises, and swept them on, step by step, until they have 
 been carried on to actions from which at the outset they 
 would have shrunk away with horror. Even now, when 
 war has desolated our land, has laid its heavy burthens 
 upon labor, when bankruptcy and ruin overhang us, thoy 
 will not have Union except upon conditions unicnown to 
 our constitution ; they will not let the shedding of blood 
 cease, even for a little time, to see if Christian chiu-ity, or 
 the wisdom of statesmanship may not work out a method 
 to save our country. Nay, more than this, they will not 
 listen to a proposal for peace which does not offer that 
 which this government has no right to ask. 
 
 This administration cannot now save this Union if it 
 would. It has, by its proclamations, by vindictive legisla- 
 tion, by displays of hate and passion, placed obstacles in 
 its own paitliway which it cannot overcome, and has ham- 
 pered its own freedom of action by unconstitutional acts. 
 It cannot bo said that tho failure of its policy is due to the 
 want of courage and devotion on the part of our armies. 
 [Cheers.] Never in the world's history have soldiers given 
 up their lives more freely than have those of the armies 
 which have battled for tho flag of our Union in the South- 
 ern States. The world will hold that they have done all 
 that arms can do; and li.ad wise statesmanship sectired the 
 fruits of their victories, to-day there would have been peace 
 in our land. [Much applause.] But while our soldiers 
 have desperately struggled to carry our banner soiithwaid 
 to the Gulf of Blexico, even now tho govenuneiit (Uclarea 
 that rebellious discontent has worked northward to tho 
 shores of the great lakes. The guarantee. 1 liglit of the 
 jieople to bear arms has been susjiended by the edict of u 
 Oenfral up to tho very borders of Canada : .«o that.\mericaii 
 servitude is put in bold contrast with Uriti.^h lilierty.* This 
 
 * Supposed to refer to this order: 
 
 Headquarters NonTnERX Department, 
 CoLUMEUs, Omo, Aui/ust 21, IStU. 
 [Spectal Order No. 53.] 
 
 During the ensuing sixty days no fire arms, powder, or 
 ammunition of any kind will be received, transported, or 
 •delivered by any railroad, express, or other Ibiwunliiig 
 company within tho St ites comprised within the limits i f 
 this department — viit: Ohio, Indiana, Illinois, and Jlichigau 
 
APPENDIX. 
 
 419 
 
 administration thus declares to the worlil it has row no 
 faitli in llie iH-'Oplo of States whose vote.= pluced it in power: 
 ana it ulf^o admit:, l^y siich edict that tlicse people Iiavo no 
 f.iitli in tbi? administration. While those in power, without 
 remoi-se, sacrifice the hlood and treasure of our people, tliey 
 will not give up their own passions for the puldic good. 
 Tliis Union is not held asunder by uiilitiU-y ambition. If 
 our political tvouhles could be referred to the peaceful 
 arbitrament of the contending armies in the field, our 
 Union would be restored, the rights cf States would be 
 guaranteed, the sacredness of homes and persons ajjain 
 respected, and an insulted judiciary would again administer 
 the laws of the land. Lot not the ruin of our country be 
 charged to our soldiers. It is not due to their teachings or 
 their fciuaticism. In my constant otlicial intercourse with 
 them, I have never heard uttered one sentiment of hatred to- 
 wards the i5copIe of the South. Beyond all men they value 
 the blessiugsof peace and the virtues of mercy, of gentleness 
 and of chadty ; while many who stay at homo cry havoc, 
 and demand tliat no mercy shall be shown. The bigotry 
 of lanaiies and the intrigues of placemen have made the 
 bloody pages of the history i^f the ptist throe years. 
 
 But if the administration cannot save this Union, we 
 can. [Loud applause.] Mr Lincoln values many things 
 above the Union : we put it first of all. [Continued cheer- 
 ing.] He thinks a proclamation worth more than peace: 
 we thinii the l)lood of our people more precious than the 
 edicts of the President. [Cheers.] There are no hindrances 
 in our pathways to Union and to pe.'.co. We demand no 
 conditions for the restoration of our Union ; we are shackled 
 with no hates, no prejudices, no passions. We wish for 
 fraternal relationship with the people of the South. [Ap- 
 plause.] We demand for them what we demand for our- 
 selves — the full recognition of the rights of States. We 
 mean that every star on our nation's banner shall shine 
 with an equal lustre. 
 
 In the Cuming election men mtist decide with which of 
 the two parlies, into which our people are divide<l, they 
 will act. If they wish for the Union they will act witli 
 that party which does now and always did love and rever- 
 ence that Union. If they wish for peace, they will act 
 with those who sought to avert this war, and who now st ek 
 to restore good will and harmony among all sections of our 
 country. If they care for their rights as persons and the 
 sacredness of their homes, they will act with those who 
 Iiitve stood up to resist arbitrary arrests, despotic legisla- 
 tion, and the overthrow of thejudiciary. [Loud and con- 
 tiinied applause.] If, upon the other hand, they are willing 
 to continue the present policy of government and condition 
 of affairs, let them act with that organization which made 
 the [iresent condition of our country. And there are many 
 giiod men who will be led to do this by their passions and 
 prejudices; and our land swarms with placemen who will 
 hold upon power and plunder with a deadly grasp. But as 
 for us, we are resolved that the party who have made tlio 
 history of our country, since their advent to power, seem 
 liko^omotinnutural and terrible dream shall be overthrown. 
 [Applause.] Four years ago it had its birth upon this spot. 
 Let us SCO, by our action, that it slitiU die here where it 
 was born. [Loud and continued cheering.] 
 
 In the political contest in which we are now engaged, 
 we do not seek partisan advantages. We are battling for 
 the rights of those who belongto all political organizations. 
 ■SV e mean that their rights of speech shall be unimpaircil, 
 although that right may be used to denounce us. We 
 intend that rights of conscience shall bo protected, al- 
 though mistakc>n views of duty may turn tlie temples of 
 religion into theatres for partisan denunciation. We mean 
 that home rights and the sacredness of the fireside shall be 
 respected by those in authority, no matter what political 
 views may be held by those who sit benetith their roof- 
 
 — without a permit from these headquarters; from Gen. A. 
 P. Ilovey, Indianapolis, Indiana; Gen. II. E. Paine, Spring- 
 field, Illinois; or Lieut. Col. B. II. llill, Detroit, Michigan, 
 unless shipped by or delivered to an authorized officer of 
 the United States Government. 
 
 Dealers in these articles, or others having them In their 
 possession, will in no event be permitted to sell or deliver 
 them during that time. 
 
 It is the duty of all military commanders and all provost 
 marshals and their assistants to see that this order is on- 
 forced, and to seine all such articles as may be clandestinely 
 sold, shipped, or delivered in evasion of it. Such property 
 will at once be reported to these headquarters for the de- 
 cision of tlie commander as to its disposition. 
 
 Forwarding. ?5elling, or delivering such articles during 
 this time, if now in tr.ansitu, e.\:cepting th.at they may be 
 forwarded by such r:iilroad3 as now have them in posses- 
 sion for s.nfe keeping, will be considered an evasion of this 
 order. The facts of such forwarding will be reported to 
 these headquarters. 
 
 By command of Mtyor-Gencral Heintzelman : 
 
 C. II. POTTEH, ^1. ^1. General. 
 
 trees. Wlion the democmtic party .<!hall have gained 
 pow( r, we sh:,ll not be less, but more tenacious upon these 
 Siilijects. We have lurborne much because those who are 
 now charged with the conduct of [luMic affairs knew but ■ 
 little about the iirineipU^s of our j,oveinincnt. We were 
 iniwiUing to pre ent an appearance cf factious opposition. 
 But when we sh ill have gained power, th.it olhcial who 
 sliall violate one principle of law, one single right cf tho 
 htunblest man in our land, sliall be punished by the full 
 rigor of the law ; it matters not if he sits in the Presi- 
 dential chair or holds a humbler office under our govern- 
 ment. [Cheers.] 
 
 Wo have had upon this floor a touching and significant 
 proofof the folly ofthis administration, who havedrivcnfrom 
 its support those upon whom it chiefly leaned at tho out- 
 set of this rebellion; when their hopes, even for their own 
 personal sa&ty, hung upon the noble men of the border 
 States, [loud and continued cheering,] who, under circum- 
 stances most trying, severed family relations and .ancient 
 associations, to uphold tho flag of our Union. BLany of 
 these men are members of this convention. They bear 
 impressed upon their countenances and manifest in their 
 persons the high iind generous purposes which animate 
 them; and yet" it is true — groat God, that it should be 
 true! — that they .are stung with a sense of the injustice 
 and ingratitude of low and unworthy men, who have in- 
 sulte' and wronged them, their families and their rights, 
 by vinilictive legislation or through the agencj- of miserable 
 dishonored subordinates. [Cheers.] 
 
 Gentlemen, I trust that our proceedings will be m.arked 
 by harmony. I believe wo shall all bo .animated by the 
 greatness of this occtision. It may be — in all probaliility 
 it is true — that the future destinies of our country hang 
 upon our action. Let this consideration isispiro us with a 
 spirit of harmony. God of our lathers bless us now; lift; ■ 
 us above all personal consideration ; fill us with a just 
 sense of the great responsibilities which rest upon us, and 
 give again to uur land its Union, its peace, .and its liberty. 
 
 [Et;thii ; > ;. 'i i I Mig continued cheering followed tho 
 couclu-; .; it' - .niour's remarks. Tho entire assem- 
 blage p i I ; :, 1 thousands of voices united in pour- 
 ing lirih 1 ii i :iiiir round of tumultuous applause. 
 Wiicu the enthusiasm had only partially subsided,] 
 
 'Ihe President c imo forward, and .adch'essing tho assem- 
 blage, said : I wish to say one word to the .audience here 
 assembled. The delegates who compose this convention 
 have come up from dill'ercnt parts of the Union for the 
 purpose of iu-ting upon your most important interests. AVe 
 .are most happy that you should be the witnesses of our 
 proceedings, but one thing you must bear in mind: That 
 you .are not members of this body, and, while our hearts 
 will be cheered to find that patriotic sentiments .are received 
 as patriotic sentiments should be by the Auiericiin people, 
 you must not undertake to attempt to influence tho de- 
 liberations of tho Convention, or allow your feelings to take 
 such form of e.xpression as .are unbecoming in the presence 
 of those upon whom rest the responsibilities of the occa- 
 sion. [Cheers, followed by loud calls for A'allandighiim, 
 mingled with applause and hisses.] 
 
 m-^. PLATFORM 
 
 W.1S then .iclnpt^l, as reported by Mr. Guthrie, 
 Chairman of the Committee : 
 
 Resnlved, That in the future, as in the past, we will ad- 
 liero with unswerving fidelity to the Union under the Con- 
 stitution as the only solid foundation of our strength, secu- 
 rity and happiness as a people, and as a framework of 
 government equally conducive to the welfare .and prosper- 
 ity of all the States, both northern and southern. 
 
 Re.nolved, That this convention does explicitly declare, 
 as the sense of the American peiiiilo, that ai'tfr four years 
 offailuretor,-.-to, (I..' fnl ;, ; v t!,- .\; I,: nt of war, 
 duringwhich.il' ; : i • ". ■ -! i ' :: -y necessity, 
 
 or warpower In : . i i : ' ■ n ii ■ ' ;;. : ' 'iistitution 
 itself has been I ;, i < : In -,. . | i, ' ;■ ; 'lie lilicrty 
 and private ri._'.! ''.:,- • . ' : .:■-■, , ..n , r, i i ^icrial 
 prosperity of t,i ii: ,i, '' .liii- 
 
 manity, liberlv ,i: 1 i '!,','■: ,i ■ ::inn"- 
 
 di.ate efforts !"■ m.i'l ■ !• r a ^ - ■; i 'n 'i' i,' -:"'■::-, v.-iili a 
 view to an ultimate eonventiMii ef the States, or other 
 pe;iceable means, to the end that ;it the earliest practicable 
 momeni peace may bo restored on the basis of the Federal 
 Union of tho States. 
 
 Resolved, That the direct interference of the military 
 •authorities of the United States in the recent elections held 
 in Kentucky, Maryland, Missouri and Delaware, was a 
 shameful violation of the Constitution ; and a r-^petition of 
 such acts in the appro.aching election will be held .as revo- 
 lutionary, and resisted with all the nieaus and power under 
 our control. 
 
 Resolved, Tliat the aim and object of the Democratic 
 party is to preserve the Federal Union and the rights of the 
 States unimpaired; and they hereby declare that they con- 
 
420 
 
 APPENDIX. 
 
 BiJer that the administrative usurpation of extraordinary 
 anddauserous powers not gniutorl by the constitution ; the 
 fiubversion of the civil by military law in States not in in- 
 Burrection ; the arbitrary military arrest, iHiprisoument, 
 trial and sentence of American citizens in States where 
 civil law exists in full force; the suppression of freedom of 
 speech and of the press ; the denial of the right of asylum ; 
 tlie open and avowed disregard of State rights ; the em- 
 ployment of imusual test-oaths, and the interference with 
 and denial of the right of the people to bear arms in their 
 defence, is calculated to prevent a restoration of the Union 
 and the perpetuation of a government deriving its just 
 powers from the consent of the governed. 
 
 Resolved, That the shameful disregard of the adminis- 
 tration to its duty in respect toourfellow-oitizeua who now 
 are, and long have been, prisoners of war in a suflering 
 Condition, deserves the severest reprobation, on the score 
 alike of public policy and common humanity. 
 
 Resolved, That the sympathy of the Democratic party is 
 heartily and earnestly extended to the soldiery of our iirmy 
 and sailors of our navy, who are, and have been in the 
 fu'ld and on the sea, under the flag of their country; and, 
 in the event of its attaining power, they will receive all the 
 c;u-e, protection, and regard that the brave soldiers and 
 fcailors of the Kepublio have so nobly earned. 
 KOMINATIONS OF GEO. B. M'cLELLAN AND GEOEGE 
 H. PENDLETON. 
 
 Mr. John P. Stockton, of New Jersey, in behalf of the 
 d.legation of that State, nominated General George B. Mc- 
 Clellan. 
 
 Mr. S. S.Cox, of Ohio, seconded the nomination. 
 
 Mr. Saulsbury, of Delaware, nominated Governor Pow- 
 ell, of Kentucky. Mr. Powell returned his thanks to the 
 gentleman, but he firmly believed the crisis demanded the 
 candidate of the party should come from a non-slavohold- 
 iug State. Believing so, he begged the gentleman and his 
 colleague from the gallant State of Delaware to withdraw 
 bis name. 
 
 Mr. Stuart, on behalf of a portion of the Ohio delegation, 
 nominated Thomas II. Seymour. 
 
 Mr. Wickliffe, on behalf of a portion of the delegation 
 from Kentucky, nominated Franklin Pierce, but subse- 
 quently withdrew it. 
 
 The day was spent in debate upon the merits of the can- 
 didates. 
 
 August 31 — The vote for President was 
 taken. The first ballot, as taken, stood : IMcClel- 
 lan, 1*74 ; Thomas H. Seymour, 38 ; Horatio 
 Seymour, 12; Charles O'Conor, } ; Blank, IJ. 
 As revised and finally declared, it was : 
 McClellan, 202|, Thos. H. Seymour, 28', as 
 follows: 
 
 Maine — seven for McClellan. 
 
 New Hampshire— five for McClellan. 
 
 Vermont — five for McClellan. 
 
 JIassachusetts— twelve for McClellan. 
 
 llhodo Island — four for BlcCloUan. 
 
 Connecticut — nine for McClellan. 
 
 New York — thirty-three for McClellan. 
 
 New Jersey — seven for McClellan. 
 
 Pennsylvania — twenty-six for McClellan. 
 
 Delaware — two for Thomas II. Seynionr. 
 
 JIaryland — seven for TlTOmas II. Seymour. 
 
 Kentucky — eleven for JlcClellan. 
 
 Ohio— fifteen for McClellan, six for Thomas II. Seymour. 
 
 Indiana — nine and a half for McClellan, aud three and a 
 half for Thomas II. Seymour. 
 
 Illinois— sixteen for McClellan. 
 
 Michigan — eight for McClellan. 
 
 Missouri — seven for MoCloUau, four for Thomas II. Sey- 
 mour. 
 
 Jlinnesota — four for McClellan. 
 
 AVisconsin— eight for McClellau. 
 
 Iowa — eight for McClellan. 
 
 ICansas— three for McClellan. 
 
 California — five for McClellan. 
 
 Oregon— three for McClellan. 
 
 ?Ir. Vallandigham moved that the nomination of George 
 B. McClellan be made the unanimous sense of the Conven- 
 tion, which was seconded by Mr. McKeon. 
 
 Governor Powell brietty addressed the Convention, pledg- 
 ing his most earnest efforts for the success of the ticket. 
 
 Judge Allen, of Ohio, and others, made brief speeches, 
 and the question was then taken on making tlir nomination 
 unanimous, which was declared carried amid deafening 
 applause. 
 
 Mr. ■WicklifTo offered a resolution ti the effect that Ken- 
 tucky expects the first act of McClellan, when inaugurated 
 in March next, will be to open Abiuham Lincoln's prison 
 doors aud let the captives free. 
 
 The Convention then proceeded to vote for Vice Preel- 
 
 dent. 
 
 The first ballot resulted as follows : 
 James Gutlirie, 053^; George II. Pendleton, 55)/^; Daniel 
 W. Voorhees, 13; George W. Cass, 26; Augustus C. Dodee, 
 9; J. U. Caton, 10; L. W. Powell, 32>^; John S. Phelps,"'S ; 
 blank, J,^. 
 
 On the second ballot New York threw its whole vote for 
 Mr. Pendleton, its chairman stating that its former vote for 
 Guthrie was against his wishes. The other candidates were 
 then withdrawn, and Mr. Pendleton, of Ohio, was unan- 
 imously nominated, who then took the stiind, and said : 
 
 Mr. President, and Gentlemen or the Convention : I 
 have received with profound sensibilitj' this mark of the 
 confidence and kindness of the Democracy of the United 
 States. I can say no more than this now. You will con- 
 sider said all that is proper for me to say upon an occasion 
 of thia kind. I can only promise, in future, to endeavor, 
 with the same fidelity that I have tried to exercise in the 
 past — in entire devotion to those principles which lie at the 
 very foundation of our government, and which are the 
 b.asis of the Federal Constitution and of the rights of the 
 States and of the liberties of the individual citizens — [im- 
 mense applause] — shall endeavor to be faithful to those 
 principles which lie at the very bottom of the organization 
 of the democratic party. And I hope, aye, my friends, ani- 
 mated with the fervent hope that if, by the selection of pro- 
 per men, we can give a true and faithful application to 
 those principles, wo will again build up the shattered fabric 
 of our government and hand it to the next generation as 
 we received it from the past — the most beautiful structure 
 of government which tlie world has ever seen. I again 
 tender to you, gentlemen, my grateful acknowledgments 
 for the compliment you have done me, and leave the floor. 
 [Loud and long-continued cheers.] 
 
 After a vote of thanks to the oflicers of the Convention, 
 with nine cheers for the ticket, the Convention adjourned, 
 subject to the call of the National Committee, in pursuance 
 of this action, taken early in the session : 
 
 Jlr. Wicklifie said the delegates from the West were of 
 the opinion that circumstances may occur between now 
 and the -1th of March next which will make it proper for the 
 Democracy of the country to meet in convention agiin, and 
 he therefore moved the following resolution, which was 
 unanimously adopted: 
 
 Resolved, That the Convention shall not be dissolved by 
 adjournment at the close of its business, but shall remain 
 as organized, subject to be called at any time and place 
 that the Executive National Committee shall designate. 
 
 Gen. McClellan's Acceptance. 
 
 LETTER ANNOUNCING THE NOMINATION. 
 
 New York, Sept. 8, 1864. 
 Maj. Gen. George B. McClellan : 
 
 Sir : The undersigned were appointed a Committee by 
 the National Democratic Convention, which met at Chicago 
 on the 29th of August, to advise you of your unanimous 
 nomination by that body as the candidate of the Demo- 
 cratic party for President of the United States, and also to 
 present to you a copy of the proceedings and resolutions of 
 the Convention. 
 
 It gives us great pleasure to perform this duty, and to 
 act as the representatives of that Conventiim whoso delib- 
 erations were witnessed by a vast assemblage of citizens, 
 who attended and watched its proceedings with intense in- 
 terest. Bo assured that those for wliom wo speak were ani- 
 mated with the most earnest, devoted and prayerful desire 
 for the salvation of the American Union, and preservation 
 of the Constitution of the United States ; and that the ac- 
 complishment of these objects was the guiding and impel- 
 ling motive in every mind. 
 
 And wo may bo permitted to add, that their purpose to 
 maintain the tinion is manifested in their selection, as their 
 candidate, of one whoso life has been devoted to its cause; 
 while it is their earnest hope and confident belief that your 
 election will restore to our country Union, Peace, and Can- 
 slitutional Liberty. 
 
 Wo have the honor to be your obedient servants, 
 
 Horatio Seymour, C/iairman. 
 
 John Bigler, of California. 
 
 Alfred P. Edgerton, of Indiana. 
 
 Isaac Lawrence, of Rlioilo Island. 
 
 John Merritt, of Delaware. 
 
 Hugh McCurdy, of Michigan. 
 
 Joseph B. Smith, of Maine. 
 
 John Cain, of Vermont. 
 
 Benjamin Stark, of Oregon. 
 
 John M.Douglas, of Illinois. 
 " Charles Negus, of Iowa. 
 
 John D. Stiles, of Pennsylvania. 
 
 AYilsou Shanuou, of Kansas. 
 
 I 
 
APPENDIX. 
 
 421 
 
 Oeorge H. Carman, of Maryland. 
 
 J. Ct. Abbott, of Massachusetts. 
 
 C. H. Berry, of Minnesota. 
 
 James Guthrie, of Kentucky. 
 
 Charles A'. Wickliffe, of Kentucky. 
 
 C. G. W. Harrington, of New Uaiupshire. 
 
 Geo. W. Morpan, ofOhio. 
 
 Alfred E. Burr, of Connecticut. 
 
 Theodore Runyon.of New Jersey. 
 
 M'eston F. Birch, of Missouri. 
 
 John A.Green, Jr., of New York. 
 
 W. I.Galloway, of Wisconsin. 
 
 LETTER ACCEPTING THE NOMINATION. 
 
 Orange, N. J., September 8, 1864. 
 
 Gentlemen: I have the honor to acknowledge the re- 
 ceipt of your letter informing rao of my nomination, by the 
 Democratic National Convention recently assembled at 
 Chicago, as their candidate at the next election for Presi- 
 dent of the United States. 
 
 It is unnecessary for me to say to yon that this nomina- 
 tiiin comes to me unsought. I am happy to know that when 
 the nomination was maJe, the record of my public life was 
 kept in view. 
 
 The effect of long and varied service in the army during 
 war and peace, has been to strengthen and make indelible 
 in my mind and heart the love and reverence for the Union, 
 Constitution, laws, and flag of our country impressed 
 upon me in early youth. These feelings have thus far 
 guided the course of my life, and must continue to do so to 
 its end. 
 
 The existence of more than one government over the re- 
 gion which once owned our flag is incompatilile with the 
 peace, the power, and the h.appiness of the people. 
 
 The preservation of our Union was the sole avowed ob- 
 ject for which the war was commenced. It should have 
 been conducted for that object only, and in accordance 
 with those principles which I took occasion to declare when 
 in active service. 
 
 Thus conducted, the work of reconciliation would have 
 been easy, and we might have reaped the benefits of our 
 many victories on lan<i and sea. 
 
 The Union w"as originally formed by the exercise of a 
 spirit of conciliation and compromise. To restore and pre- 
 serve it the same spirit must prevail in onr councils and in 
 the hearts of the people. The re-establishment of the 
 Union in all its integrity is and must continue to be the in- 
 dispensable condition in any settlement. So soon as it is 
 clear, or even probable, that our present adveisai-ies are 
 ready for peace, upon the basis of the Union, we should ex- 
 haust all the resources of statesmanship practiced by civil- 
 ized nations and taught by the traditions of the American 
 people, consistent with the honorand interests of the coun- 
 »iry, to secure such peace, re-establish the Union, and guar- 
 antee for the future the constitutional rights of every 
 State. The Union is the one condition of peace — we ask no 
 more. 
 
 Let me add, what I doubt not was, although unexpressed, 
 the sentiment of the Convention, as it is of the people they 
 represent, that when any one State is willing to return to 
 the Union, it should be received at once, with a full guaran- 
 ty of all its constitutional rights. 
 
 If a frank, earnest, and persistent effort to obtain those 
 objects slioiilil fail, the responsibility for ulterior cou.se- 
 quences will fall upon those who remain in arnjs .against 
 the L'niou. But the Union must be preserved at allliaz.irds. 
 
 I could nut look in the face of my g allmt .-..miadrs ullh.- 
 army and navy, who have survived ho iii;ii]y ij.HHly l.aHlcs 
 and tell tlieiu that their labors and the s^iiritic' (IMi ni;iiiv 
 of our slain and wounded brethren Ind been in vain : that 
 we had abandoned that Union for which we have so ottcn 
 periled our lives. A vast niajoritj' of our people, wln-thir 
 in the army and navy or at home, would, as I would, hail 
 Willi unbounded joy the permanent restoration of peace, on 
 the biUiis of the Uniou under the Constitution, without the 
 effusion of another drop of blood. But no peace can be 
 permanent without Union. 
 
 As to the otber subjects presented in the resolutions of 
 the Convention, I need only say that I should seek in the 
 Constituiion of the United States, and the laws framed in 
 accordance therewith, the rule of my duly and tlu' limita- 
 tions of executive power; endeavor "to restore economy in 
 public expenditure, re-establish the supreuuicy of law, 
 and, by tlie operation of a more vigorous nationality, re- 
 sume our commanding position among the nations of the 
 e.irlh. 
 
 The condition fpf our finances, the depreciation of the pa- 
 per money, and the burdens thereby imposed on labor and 
 capital, i;how tlio nece.s&ity of a return to a sound financial 
 fystcni : whUst the rights of citizens and the rights c.f States, 
 and tlio bindingauthorily of law over I'lx-idtiit. army, and 
 people, are subjects of not less vital impurtanr-- in war than 
 iu pc>u.e. BuUeviug that the views here expressed are tUoso 
 
 of the Convention and the people you represent, I accept 
 the nomination.* 
 
 I realize the weight of the responsibility to be borne, 
 should the people ratify your chuice. Conscious of my own 
 weakness, I can only seek fervently the guidance of the 
 Ruler of the Universe, and relying on Ilis all-powerful aid, 
 do my best to restore uiuon ami i)eace to a suffering peo- 
 ple, and to establish and guard tlieir liberties and rights. 
 
 I am, gentlemen, very respectlnlly, vour obedient. servant, 
 GKOUGE B. McCLELLAN. 
 
 Hon. Horatio Seymour and otLiers, Commiltte. 
 
 LETTER OF GENERAL m'CLELLAN. 
 
 Orange, October 13, 1R64. 
 
 Mr Dear Sir: In consequence of an absence of sever.il 
 days from home, your letter of the 8th did not meet my eye 
 until to-day. 
 
 1 accept with pride the honorary membership of the Lo 
 giou you have done me the honor to call by my n.une. No 
 greater compliment could have been paid to me than this 
 association of my name with a societycomposedof my com- 
 rades in the present war. My love and gratitude for them 
 have remained unchanged during our long separation, and 
 I have watched with the most intense interest their noble 
 and persistent gallantry in the many battles they havo 
 fought under the commanders who have succeeded me in 
 the Army of the Potomac. You and they may rest satisfied 
 that 1 remain the same man that 1 was when I had the 
 honor to command the Army of the Potomac, and that I 
 shall never willingly disappoint their confidence. 
 
 With my sincere thanks for the compliment you have 
 paid me, and my earnest wishes for the prosperity of my 
 former comrades, and of our country, I am, very respsctfuliy 
 and truly, your fiiend, GJiUKuE B. McCLKLL.\N. 
 
 Speeches and Letters of Mr. Pendle- 
 ton. 
 
 HIS SPEECH AT DAYTON. 
 [From the Dai/ ton (Ohio) Empire, Scpt.17.] 
 
 Wo had last night another of those magnificent demon- 
 strations, now so cummon everywhere, showing conclu- 
 sively with what force the tide of public sentiment is mov- 
 ing against Abraham Lincoln and in favor of the Democ- 
 racy. Mr. Pendleton came to the city yesterday evening af- 
 ter the Empire had gone to press, and consequently too 
 late to make any notice of liis arrival. Nevertheless, the 
 news spread rapidly, a band was engaged, and a serena(;e 
 appointed at eight oxluck. As .Mr. Pendleton was thj 
 guest of Mr. Vallandigham,acrowd soon began to assemble 
 iu front of Mr. Vallandigham"s residence, which was aug- 
 mented to thousands by the arrival of an immense proces- 
 sion, licaded by the band. 
 
 Mr. Pendleton being loudly called, came forward and 
 spoke as follows: 
 
 " Ladies and Gentlemen : I thank you for this very flat- 
 tering compliment ; I thank you for this manifestation of 
 the hospitality of Dayton, which has become proverbial 
 throughout the United States. 
 
 " At f.ur o'clock this afternoon I did not expect to be 
 here this evening. I ctimo unexpectedly, on purely per- 
 sonal business, disconnected with public allairs. I had no 
 idea of seeing any number of my fellow-citizens or discuss- 
 ing political questions. 
 
 "This immense concourse thus suddenly convened fills 
 me with renewed hope — it gives mo ccniidenco that soon 
 aga n yu will be r ilbd together, not as now tocommence 
 uvignnius ' uiiti -t. iMit to rejoice over its result, to rejoice 
 lli:;t ih'' iMw.i-, ,.| t!i.' Government willagain be in the pos- 
 si>viniiul the l)> in irratic jiirty, whose beneficent piiuti- 
 I'li's. ncintly solemnly announced in national convention, 
 wiU biing us peace, maintain the rights of the States, re- 
 mvigorate the Union, and, with peace and union, will Bft- 
 cure us the blessings of personal liberty, material prosper- 
 ity, and national power. But I will not repay your kind- 
 ni-s l..\ (Iclaiiiiicg you with a speech; I intended only to 
 thank yon (.r the "honor you have done me, and now 1 beg 
 leave tii wish you good night." 
 
 Jir. Vallandigham was next called, and responded in a 
 
 *Mr. Vallandighani, in a public speech r.t Sidney, Ohio, 
 September 24, thus alludes to the Chicago platform : 
 
 '• I claim, as the member from Ohio of the Committee on 
 Resolutions iu that Convention, to have official personal 
 knowledge that he (Gen. McClellan) is mistaken. The two 
 priuciiial points iu that letter of acceptance to which I ob- 
 ject were brought befoCe the committee. The one contain- 
 ing the threat of future war was unanimously rejected. 
 The other to the effect that, until the States and people of 
 the South had returned tothe Union, we would not exhaust 
 these 'arts of stat.snnnslui',' as they are called, received 
 but three votes in that committee, though presented almost 
 1 iu the very words of the letter itseltV 
 
422 
 
 APPENDIX. 
 
 masterly speech of half an hour, which was repeatedly in- 
 torruptod by cheers. Ho spoke in defence of the Demo- 
 eratic party "and of State risbts and peace, and in sujjport 
 of the Cliicago platform. The Democratic party was a State 
 lights party — a constitutional party — a Union party — and 
 jii.-it now a peace party. It was his party, and its candidates 
 V i>re his candidates. It bore the Ark of the Covenant ; it 
 liirried the fortunes of the Republic, and in its success lay 
 the only hope of the Republic. The Chicago platform enun- 
 ciated its policy and principles by authority, and was 
 binding upon every Democrat, and by them the democratic 
 administration must and should bo governed. It w;is the 
 only authorized exposition of tlie Democratic creed, and he 
 lopudiated all others. The unity and harmony of the party 
 ware essential to success, and without success in November 
 the country was lost. In conclusion, he declared his pur- 
 ]">se to vote for the nominees of the Cliicago Convention as 
 till' only hope of securing the deteat of Lincoln, and the 
 rescue of the republic. 
 
 HIS SPEECH IN NEW YORK. 
 
 Mr. Pendleton was serenaded on Monday 
 night, October 24, at the New York Hotel, by 
 the McClellan Legion, an aesociatiou composed 
 of former soldiers of the Army of the Potomac. 
 An audience of several thousand persons having 
 assembled, Mr. Pendleton was introduced by 
 lion. John Van Bureu, when he said: 
 
 I thank you for this manifestation of your kind feeling 
 toward myself. I am the more grateful for it as it comes 
 Irom men wlio have stood in the forefront of danger, and 
 periled their lives for their country. [Loud cheers ] I 
 accept it as an evidence of your confidence in and of your 
 6>mpathy with my devotion to the Union and the Consti- 
 tution. [•• Three cheers for George U. Pendleton."] 
 
 I have rarely found it necessary to reply to any personal 
 attack. A friend h;LS just handed me a pamphlet, which 
 he tells me has extensive circulation both hero and in the 
 army. It professes to be a record of my speeches and votes 
 iu Congress, and to prove from them my hostility to the 
 Ilepublic. It professes to be published by the " Union Con- 
 giessional Committee," and to bo compiled from the Con- 
 (iressioiial Globe, to which it appeals for its entire accuracy. 
 On the seventh page of that pamphlet I am charged with 
 having voted against certain resolutions on the 7th July, 
 ISOl. Now, if any of you gentlemen will examine the 
 Glohc, or the file of any daily newspaper of yom- <»ity, or 
 will even tax his recollection, he will find that Congress 
 adjourned on the 4th day of July, 1861. [Great laughter.] 
 I'rom this specimen of fraud and forgery I leave you to 
 judge of the credibility of the wliole fabrication. 
 
 I wiis born in Ohio ; I have lived all my life in the North- 
 west; I know the sentiment of the people; 1 sympathize 
 entirely with it. Th«Y are attached by every tie of affec- 
 tion and interest to this Unimi. [Loud cheering.] 
 
 Unlike New York, thoy have never known another Gov- 
 ernment. They never existed as a political community 
 before this Government was formed, and their hearts cling 
 to this Government with indescribable tenacity. [Great 
 applause.] Unlike you, they are inland people, chiefly de- 
 v.ited to agriculture. As an integral and controlling por- 
 tion of the Union, they have prestige and power; they fear 
 from disunion isolation from the world and the loss of that 
 prestige and power. [Cheers.] Thuirinterest requires that 
 they should have speedy and easy connnunication with the 
 o.ean, and tliis they intend to have both by the Gulf of 
 Mexico and the city of Now York, by conciliation and in 
 peace if they can, by all the force and power which a teem- 
 ing population and a fruitful soil give them if they must. 
 [Loud cheers.] They believe that the first step towards 
 n;aintaining the Union is the election of General McClel- 
 lan. [Groat cheering.] They believe that the restoration 
 of the Democratic party to power will produce Union. 
 [Cheers.] They believe the policy of this Administration 
 toward both the Southern and Northern States is fatal to 
 the Union. [" That's so."] General McClellan, in his Uar- 
 rison-Laiiding letter, said : " Neither confiscation of prop- 
 erty, nor political executions of persons, nor territorial or- 
 ganization of States, nor forcible abolition of slavery, 
 should be for one moment thought of." [Cheers.] 
 
 In his letter of acceptance he said: "The Union was 
 originally formed by the exercise of a spirit of conciliation 
 and compromise. To restore and preserve it, a like spirit 
 must prevail in the councils of the country and in the 
 hearts of the people." [Cheers.] 
 
 The Democratic party is pledged to an unswerving fidel- 
 ity to the Union under the Constitution. [Cheers.] It is 
 pledged to " tlie restoi-ation of peace on the basis of the 
 i'oderal Union of the States." [Loud applause.] 
 We believe, uay, we know, that if this party shall be re- 
 
 stored to power, if this policy shall prevail, the Union Bhall 
 be restored, State after State will return to us, and tha 
 echoes of our rejoicing will come down to us from the 
 vaults of Heaven itselt, in token that Deity approves that 
 statesmanship which tempers all its policy with modijcation 
 and justice and conciliation. [Cheei-s.] 
 
 When next I meet you I hope we may have already en- 
 tered on that work. A^ain, gentlemen, I thank you for 
 your attention, and wish you good night. [Loud and long 
 cheers followed the speech.] 
 
 His LETTEE.S. 
 
 The following was written to a Democratic 
 meeting in Missouri ; 
 
 CiNClSNATi, September 28, 1864. 
 
 Gentlemen : I regret much that it will be out of my 
 power to attend the mass meeting which you propose to 
 hold on the 6th proximo. The cordial terms of your invi- 
 tation, the evidences of kindness which I have received at 
 the bauds of those whom you represent, and my own desire 
 to catch an inspiration of your faith and courage and zeal 
 for the interests of our country, combine to make me regret 
 the necessity to decline your invitation. 
 
 I promised to be with you, but when I made the promise 
 I expected to bo zealous and active, in season and out of 
 season, m'ging, by every consideration which appeals to 
 patriots, the utmost exertion to secure the success of the 
 nominees at Chicago. 
 
 Your kindness has put me in a position where delicacy 
 forbids such eflorts. I could only say — what 1 have often 
 before said — that if success crowns the work of the Demo- 
 cratic party, every aspiration of my heart would be gratified 
 by, as every etiort of my life would be directed to, the pre- 
 servation of the Union, the maintenance of the Constitu- 
 tion, and the seeming of all their rights to the States, and 
 of all their liberties to the people. Aery truly, yours, . 
 GEO. H. PENDLETON. 
 
 Cincinnati, October 17, 1864. 
 
 Mt Dear Sib : I have received yoiu- friendly letter. Ma- 
 lignant misrepresentations and lalsehoods are so frequent 
 in our political struggles, that I have rarely undertaken to 
 correct or refute them. 
 
 I make no professions of a new faith, and only repeat my 
 reiterated protessions of an old one, when I say that there 
 is no one who cherisfies a greater regard for the Union, 
 who has a higher sense of its inestimable benefits, who 
 would more earnestly labor for its restoration by all means 
 which will effect that end than myself. r 
 
 The Union is the guarantee of the peace, the power, the 
 prosperity of this people, and no man would deprecate, 
 more heartily, or oppose more persistently, the establish^ 
 meut of anotiur Government over any portion of the terri- 
 tory within its limits. 
 
 I am in favor of exacting no conditions, insisting upon no 
 terms not prescribeil iu the Constitution, and 1 am opposed 
 to any course of policy which will defeat the re-establish- 
 ment of the Government upon its old foundation, and in its 
 territorial integrity. 
 
 I am, verv truly, yours. &c., 
 
 GEOKGE H. PENDLETON. 
 
 Hon. JouN B. Uaskin, New York. 
 
 Cincinnati, October 18, 1SC4. 
 
 My Dear Sir: I have received your letter. In the very 
 beginning of this war, in the first days of the extra session 
 of ISO 1, 1 said, in my place in Congress, that I would vote 
 for all measures necessary to onable the Government to 
 maintain its honor and dignity, and prevent disaster to its 
 flag. I have done so. I thought that by the adojitiiin of 
 such measures the faith of the Government was pledged to 
 the troops in the field, and must not be forfeited by inad- 
 eqtiate supplies. I never gave a vote which was incompat- 
 ible with this sentiment. 
 
 All appropriations, pure and simple, for the support and 
 efficiency of the army and navy, had my cordial concur- 
 rence. It was only when they were connected with other 
 and improper appropriations ; when by reason of their pop- 
 ularity they were loaded down with fraudulent items for 
 the benefit of contractors or speculators, and every attempt 
 to separate them failed; wiu-n they were made a stalking- 
 horse for some Abolition scheme, that I was constrained re- 
 luctantly to vote ag.dnst the whole bill. 
 
 But I repeat, that I voted against no bill which was con- 
 fined simply to the object' of supplies for the army and the 
 navy. 
 
 I am, very truly, yours, 
 
 GEO. H. PENDLETON. 
 
 Hon. C. L. Wafj), Philadelphia. 
 
APPENDIX. 
 
 423 
 
 MB. VALLANDIGHAM S LETTER ON THE CHICAGO 
 PLATFORM, &G. 
 
 Sherman House,' Chicago, October 22. 
 To tht Editor of the New York News: 
 
 In the W(yrld of the iOth I observed an article copied 
 from the Albany Argus, inlating to Judge Advocate IloU's 
 '•Grt-at Copperhead Conspiracj'," and wliich contains the 
 l'ollov>-iiis: 
 
 •• Mr. A'allandigham vra-s in a miserable minority in the 
 ChioagM Cou\ciit;on. He sought to bo Chah-maii of the 
 C.-.iuniiiti-.> u.i lio u.vitiuiis, and was beaten two toone. He 
 1-1 the uiii.i'>iti. 11 t I McClellan, and after his letter of ac- 
 te,.t.in'' ■ t;n-f\v up bia ■■iriagomcuts to speak." 
 
 Now I liavo reir.iiiifed in every speech, except the first — 
 aud I have made many in support of the Democratic can-' 
 diJates lor I'icsiJ.nt and Tice President — from any allusion 
 to the private history of the Chicago Convention, and did 
 not propose to refer to it further till after the eleL-tion. 
 But I do not choose to suffer the foregoing to pass unno- 
 ticed even now. It would be difficult to compress more 
 inisrepresentation, in a small way, mthin the same com- 
 p;tss. 
 
 1. Mr. Yallandigliam was not " in a miserable minority 
 at the Chicago Convention," and no one knows it better 
 than the man Cassidy, who wrote, and Marble who endorses 
 the statement. The latter I hand over to ex-Mayor Op- 
 dyke for judgment. 
 
 2. Mr. Vallandigham was not " beaten two to one" for 
 the Chairmanship of the Committee ou Resolutions. 
 Througli the artifices of Cassidy, Tilden, and other New 
 York politicians, Mr. Guthrie, of Kentucky, received 
 twelve votes to his eight for that post; but Sir. Guthrie 
 was himself afterwards emphatically repudiated by the 
 Convention when presented by " the ring " as their candi- 
 date for the Vice Presidency. Mr. Vallandigham wroto the 
 second, the material resolution of the Cliiearro iilatf'onn. 
 and carried it through the sub-Cominittoe jm i t'l ■ i ; inl 
 Committee, in spite of the most desperat''. ,' i i,' i- 
 sitiou on the part of Cassidy and his frie;. : . 1 . ■ , My 
 himself in an adjoining room laboring todeuai ii. iiui ihe 
 various substitutes never at any time received more than 
 three votes. 
 
 3. Mr. Vallandigham did not " lead the opposition to JIc- 
 Clellan," but couiiued his efforts almost exclusively to the 
 question of platform. lie did, indeed, vote against General 
 MoClelUiu on the first, but for him on the revised ballot, 
 and moved that the nomination be made unanimous; 
 whereupon C;issidy threw up his hat and shouted, and he 
 and all his fellows proclaimed Vallandigham a verj' proper 
 man. 
 
 4. As to engagements to speak in support of the Demo- 
 cratic candidates, Mr. Vallandigham has fulfilled as many 
 as any Democratic speaker in any State, and is now here, in 
 Illinois, on tlie same errand ; and, without immodesty, ho 
 niay say that he has accomplished quite as much of "good 
 for the cause as Cassidy and his Argus. The people lack 
 '•confidence" in Cassidy. 
 
 5. The secret of this and similar assaults on the part of a 
 certain class of New York politicians is, that they cannot 
 '■ use " Mr. Vallandigham. Of one thing further let them 
 be assured — ne.Uher can they kill him. 
 
 6. As to the charge of -'conspiracy" set forth in Judge 
 Advocate Holt's pamphlet, and the eleven specifications 
 summed up liy Mr. Horace Greeley, I have only to say that, 
 60 far as I am concerneil, they are absolute falsehoods and 
 fabrications from beginning to end. They are false in the 
 aggregate and fiilso in dettiil. More than that, they are as 
 preposterous and ridiculous as they are without foundation ; 
 and all this Mr. Judge Advocate Holt, Mary Ann Pitman, 
 and Mr. Horace Greeley very well know. 
 
 C. L. VALLANDIGHAM. 
 
 Mass Convention of Conservative 
 National Union Men. 
 
 Crnc.vGO, August 'IT, Midnight.— A mass Convention of 
 the conservative National Union men was hold this after- 
 noon, and w;is largely attended. The Convention met in 
 Bryan Uall. 
 
 iion. Amos Kendall was elected President, and a list of 
 Tice Presidents was adopted, among whom wcro represent- 
 atives from all the States, North and South, with the ex- 
 ception of three or four. 
 
 llesolutions were adopted denouneincr the pobVy of the 
 Administration as calculated to inii"! bitli <iTti,.n^ .if tbu 
 country to interminable warfare ; iii'Hbiiniin_' a.l.|.ii;ii na- 
 tion to maintain the Union and tlie ('onMitiiti..n ; d. rlaring 
 that the only solution of the existing troubles is in tlic unre- 
 strained exorcise of the elective franchise and displacement 
 of the present Administration ; declaring that the declara- 
 
 tion of the Southern leaders as well as Mr. Lincoln's ulti- 
 matum are alike impracticable, and favoring the earliest 
 peai e attainable on the biisis of the Constitution and 
 t uiou. 
 
 Among the speakers were Coombs, of Kentucky ; Perriu, 
 of New York; Governor Wells, of California, audlleed, of 
 Kentucky. 
 
 Additional Addresses and Papers 
 from President Lincoln. 
 
 HIS SPEECH TO THE 14StH OHIO REGIMENT. 
 
 Soldiers of tue 1-IStu Ohio : I am most happy to meet 
 you on this occiisiou. 1 understand that it has been jour 
 honorable privilege to stand, for a brief period, in the de- 
 fence A' your country, and tliat now you are on your way 
 to- your homes. I congratulate you, and those who are 
 waiting to bid you welcome home from the war; and per- 
 mit me in the name of the peojde to thank you for the part 
 you have taken in this struggle for the life of the nation., 
 You are soldiers of the Eepublic, everywhere honored and 
 respected. Whenever I appear before a body of soldiers, I 
 feel tempted to talk to them of the nature of the struggle 
 in which we are engaged. I look upon it as an attempt on 
 the one hand to overwhelm and destroy the national exist- 
 ence, while ou our part we are striving to maintain the 
 Government and institutions of our fathers, to enjoy them 
 ourselves, and transmit them to our children and our 
 childi-en's children forever. 
 
 To do this the Constitutional Administration of our Gov- 
 ernment must be sustained, and I beg of you not to allow 
 your minds or your hearts to be diverted from the support 
 of all necessary measures for that purpose, by any miserable 
 picayune arguments addressed to your pockets, or inflam- 
 matory appeal made to your passions and your prejudices. 
 
 It is vain and foolish to arraign this man or that lor the 
 part he has taken or has not taken, and to hold the Gov- 
 ei nment responsible for his acts. In no Administration 
 can there be perfect equality of action and uniform satU- 
 faotiou rendered by all. 
 
 But this Government must be preserved in spite of the 
 acts of aoy man or set of men. It is worthy your every 
 effort. Nowhere in the world is presented a Government 
 of so much liberty and equality. To the humblest and 
 poorest amongst us are held out the highest privileges and 
 positions. The present moment finds me at the White 
 House, yet there is as good a chance for your children as 
 there vv;is for my father's. 
 
 Again I admonish you not to be turned from your stern 
 purpose of defending our beloved country and its free insti- 
 tutions by any arguments urged by ambitious and desi|^a- 
 ing men. but stand fast to the Union and the old flag. 
 
 Soldiers, I bid you God-speed to your homes. 
 
 TO THE 164th OHIO. 
 
 Solders: You are about to return to your homes and 
 your friends, after haviug, as I le;irn, performed in camp a 
 comparatively short term of duty in this great contest. I 
 am greatly obliged to you aud to all who have come for- 
 ward at the call of the country. 
 
 I wish it might be more generally and universally under- 
 stood what the country is now engaged in. We have, as all 
 will agree, a free Government, where every man has a right 
 to be equal with every other man. In this great struggle, 
 this Ibnu of Government, and every form of human rights, 
 is endangered if our enemies succeed. There is more in- 
 volved ill this contest than is realized by every one. There 
 is involved in this struggle the question whether your 
 chikkeii aud my children shall enjoy the privileges we have 
 enjoyed. 
 
 I say this in order to impress upon you, if you are not 
 already so impressed, that no small matter should divert 
 you from our great purpose. There may bo some iueiiuali- 
 ties in the practical application of our system. It is fair 
 that each mau shall pay taxes in exact proportion to the 
 valueof his property, but if we should wait before collecting 
 a tax to adjust the taxes upon each man in exact propor- 
 tion with every other man, we sliould never collect any tax 
 at all. There may be niibtakes made. Sometimes things 
 may be done wrong, while the oflicers of the Government 
 do all they can to prevent mistakes ; but I beg of you as 
 citizens of this great republic, not to let your minds bo 
 carried oQ from the great work we have before us. 
 
 The struggle is too large for you to be diverted from it by 
 any small matter. When you return to your homes, rise 
 up to the dignity of a generation of men worthy of a free 
 Government, and we will carry out the work we have com- 
 menced. 
 
 I return you my sincere thanks, soldiers, for the honor 
 you have done me this afternoon. 
 
424 
 
 APPENDIX. 
 
 HIS LETTER ON THE ADOPTION OF THE NEW CON- 
 STITUTIfiN Of' MARYLAND. 
 
 Executive Mansion, WAsniNaTON, Oct. 10. 
 Hon. H. W. Hoffman : 
 
 My Dear Sir : A convention of Maryland has formed a 
 new Constitution for the State. A public meeting is called 
 for this evening, at Baltimore, to aid in securing its ratifi- 
 cation by the people, and you ask a word from me on the 
 occ-ision. I presume the only feature of the instrument 
 about which there is serious controversy is that which pro- 
 vides for the extinction of slavery. 
 
 It needs not to bo a secret, and I presume it is no secret, 
 that I wish success to this provision. I desire it on every 
 consideration. I wish all men to be free. I wish the ma- 
 terial prosperity of the already free, which I feel secure 
 the extinction of slavery would briug. I wish to see in 
 process of disappearing that only thing which could briiig 
 this nation to civil war. 
 
 I attempt no argument. Argument upon the qiiestion 
 is already exhausted by the abler, better informed and more 
 immediately interested sons of Maryland herself. I only 
 add that I shall be gratified exceedingly if the good people 
 of the State shall by their votes ratify the new Constitu- 
 tion. Yours truly, 
 
 A. LINCOLN. 
 
 Oct. 19 — The President was serenaded at the 
 White House to-night, and, on appearing at an 
 upper window, spoke as follows : 
 
 I am notified that this is a compliment paid me by the 
 loyal Marylanders resident in this District. I infor that 
 the adoption of the new Constitution for the State furn- 
 ishes the occasion, and that, in your view, the extirpation 
 of sliivery constitutes the chief merit of the new Constitu- 
 tion. 
 
 Most heartily do I congratulate you and Maryland, and 
 the nation, and the world upon the event. I regret that it 
 did not occnr two years sooner, which, I am sure, would 
 have saved to the nation more money than would have met 
 all the private loss incident to the measure. But it has 
 come at last, and I sincerely hope its friends may fully re- 
 alize all their anticipations of good from it, and that its 
 opponents may, by its effects, be agreeably and profitably 
 disappointf d. 
 
 A word upon another subject. Something said by the 
 Secretary of State, ia his recent speech at Auburn, has 
 been con.strued by some into a threat that, if I shall be 
 beaten at tlio election, I will, between then and the end of 
 my constitutional term, do what I may be able to ruin the 
 Government. Others regard the fact that the Cliicago Con. 
 vention adjourned not sine die, but to meet again, if called 
 to do so by a particular individual, as the intimation of a 
 purpose that if their nominee shall be elected he will at 
 once seize the control of the Government. I hope the good 
 people will permit themselves to suffer no uneasiness on 
 this point. 
 
 I am struggling to maintain the Government, not to 
 overthrow it. I am struggling especially to prevent others 
 from overthrowing it. I therefore say that, if I shall live, 
 I shall rem;Un President until the fourth of next March, 
 and that whoever shall be constitutionally elected there- 
 for, in November, shall be duly installed as President on 
 the fourth of March, and that, in the interval, I shall do 
 my utmost that whoever is to hold the helm for the next 
 voyage shall start with the best possible chance to save the 
 ship. 
 
 This is due to the people both on principle and under the 
 Constitution. Their will, constitutionally expressed, is tlie 
 ultimate law for all. If they should dehberately resolve to 
 have immediate peace, even at the loss of their country 
 and their liberties, I have not the power or the right to re- 
 sist them. It is thoir own business, and they must do as 
 they please with their own. I believe, however, they are 
 gtill resolved to preserve their country and their hberty; 
 and, in this office or out, I am resolved to st md by them. 
 
 1 may add, that in this purpose to save the country and 
 its liberties no classes of people seem so nearly unanimous 
 ••IS the soldiers in the field and seamen afl( at. Do they not 
 have the hardest of it? Who should quail while tUey do 
 not? God bless the soldiers and seamen, with all their 
 brave commanders. 
 
 PRESIDENT Lincoln's interview with hon. john 
 
 T. MILLS, OF WISCONSIN. 
 
 In August, the Presid nt had an interview 
 with Judge Mills, of the the tifth judicial cir- 
 cuit, Wisconsin, the political features of which 
 
 Judge M. thus reports in a letter to the Grant 
 
 county (Wis ) Herald: 
 
 " Mr. President," said Governor Randall, "why can't you 
 seek seclusion, and play hermit for a fortnight? It would 
 reinvigorate you." 
 
 " Ah," said the President, " two or three weeks wotild do 
 me no good. I cannot fly from my thoughts — my solicitudo 
 for this great country follows me wherever I go. I do not 
 think it is personal vanity or ambition, thougli I am not 
 free from these infirmities, but I cannot but feci that the 
 weal or woe of this great nation will be decided in Novem- 
 ber. There is no programme ottered by any wing of the 
 Democratic party but that must result in the permanent 
 destruction of the Union." 
 
 "But, Mr. President, General McClellan is in favor of 
 crushing out this rebellion by force. Uo will be the Chi- 
 cago candidate." 
 
 " Sh', the slightest knowledge of arithmetic will prove to 
 any man that the Rebel armies cannot be destroyed by 
 Democratic strategy. It would sacrilice all tli'^ w'.iHe men 
 of the North to do it. There are now in the service of the 
 United States nearly 200,000 able-bodied colored men, most 
 of them under arms, defending and actjuLring Uuion terri- 
 tory. The Democratic strategy demands that these forces 
 be disbanded, and that the masters be conciliated by re- 
 storing them to slavery. The black men who now assist 
 Union prisoners to escape are to bo converted into our ene- 
 mies, in the vain hope of gaining the good will of their 
 m:isters. We shall have to tight two nations instead of 
 one. 
 
 " Yon c.anrot conciliate the South if you guarantee to 
 them ultimate success ; and the experiCLce of the present 
 war proves their success is inevitable if you fling the com- 
 pulsory labor of millions of black men into tlieir side of 
 the scale. Will you give our enemies such military advan- 
 tages as insure success, and then depend on coaxing, flat- 
 tery and concession to get them b;ick into the Union ? 
 Abandon all the posts now garrisoned by black men, take 
 200,000 men from our side and put them in the battle-fiolj 
 or corn-field against us, and we would be compelled to 
 abandon the war in three weeks. 
 
 " We have to hold territory in inclement and sickly 
 places ; where are the Democrats to do this ? It was a free 
 fight, and the field was open to the War Democrats to put 
 down this Rebellion by fighting against both master and 
 slave, long before the present policy was inaugurated. 
 
 "There have been men base enough to propose to me to 
 return to slavery the black warriors of Port Hudson and 
 Olustee, and thus win the respect of the masters they 
 fought. Should I do so, I should deserve to ho damned in 
 time and eternity. Come what will, I will keep my faith 
 with friend and foe. My enemies pretend I am now carry- 
 ing on this war for the sole purpose of abolition. So long 
 as I am President, it shall bo carried on for the sole pur- 
 pose of restoring the Union. But no human power can 
 subdue this rebellion without the us^e of the emancipar 
 tion policy, and every other policy calculated to weaken 
 the moral .and physical forces of the rebellion. 
 
 •' Freedom has given us 200,000 men, raised on Southern 
 soil. It will give us more yet. Just so much it has sub- 
 stracted from the enemy, and, instead of alienating the 
 South, there are now evid'ences of a fraternal fjeling grow- 
 ing up between our men and the rank and file of the rebel 
 soldiers. Let my enemies prove to the country that the 
 destruction of slavery is not necessary to a restoration of 
 the Union. I will abide the issue." 
 
 PRESENTATION TO THE PRESIDENT. 
 
 Recently, a committee of loyal colored people of Balti- 
 more foniially presented to the President an imperial 
 (juarto Bible, ^plendidly bound, costing $.")80, na a token of 
 tlieir respect and gratitude to hini for his active part in the 
 cause of emancipation. They say that since they have 
 been incorporated in the American family they hr.vo been 
 true and loyal, and now stand ready to defend the country, 
 and that they are prepared to bo wmod and trained to pro- 
 tect and defend the star-spangled banner. 
 
 The President replied : " 1 can only say now, as I have 
 often said belbro, that it h.as always been a sentiment with 
 me that all mankind should be free So f.ir as I have been 
 able, or so far 'as came within my sphere, I have always 
 acted as I believed w;is right and just, and have done all I 
 could for the good of mankind. I have in letters and docu- 
 ments sent forth from tliis office expressed myself better 
 than I can now. In regard to the Great Book, I have only 
 to say that it is the best gift which God has given man. 
 All the good from the Saviour of the world i.s comnmni- W 
 cated to us through this book. But for this book wo could 
 not know right from wrong. All those thiugj desirable to 
 man are contained in it. 
 
 " I return you my sincere thanks for this very elegant 
 copy of the great Book of God which you present." 
 
APPENDIX. 
 
 425 
 
 THE PROTEST OP TE?JNESSEE — REPLY OP THE 
 
 president. 
 
 Executive Maxsion, Washixctox, D. C. 
 October 22, IfeW. 
 Messrs. Wm. B. Campbeu, Thomas A. R. Nelson, James T. 
 P. Carti:r, John Wiluams, A. Buzzard, IIeniiy Cooper, 
 Uailie Petton, John L£1j.tett, E. Etheeidge, Juhn D. 
 Perrtmans : 
 
 GEN'TLr.MT.N : On the 15tU day of this month, as I remem- 
 lior, a priut«d paper, withafow manuseript iutcrliuoittions, 
 called a protest, with your names appauded thereto, and 
 acompanied Oy another printed paper purporting to be a 
 procUunation by Andrew Johnson, MiUtary Governor of 
 Tennessee, and also a manuscript paper purporting to be 
 extracts from the Code of Tennessee, was laid before me. 
 The protest, proclamation and extracts are respectively as 
 follows : 
 
 [The protest is here recited, and also the proclamation of 
 Governor Johnson, dated September 30, to wliich it refers, 
 together with a list of the counties in East, .Middle, and 
 ^\ est Tennessee; also, an extract from the Code of Tennes- 
 see, in relation to electors of President and Vice President 
 of the United States, the qualifications of voters for mem- 
 bers of the General Assembly, and the places of holding 
 elections of officers of popular elections.] 
 
 The Presiii£Nx then says : 
 
 .it the time these papers were presented, as before stated, 
 I had never seen either of them, nor heard of the subject to 
 which they relate, except in a general way, only one day 
 previously. Up to the present moment nothing whatever 
 has passed between Governor Johnson, or any one else con- 
 nected with the proclamation, and myself. Since receiviijg 
 the papers, as stated, I have given tlie subject such brief 
 consideration as I have been able to do in the midst of so 
 many pressing public duties. 
 
 .My conclusion is that I have nothing to do with the mat- 
 ter, either to sustain the plan as the Convention and Gov- 
 ernor Johnson have initiated it, or to revoke or modify it as 
 you demand. By the Constitution and laws, tlie President 
 is charged with no duty in the conduct of a Presidential 
 election in any State ; nor do I, in this case, perceive" any 
 military reason for his interference in the matter. 
 
 The movement set on foot by the Convention and Gov- 
 ernor Johnson does not, as seems to be assumed by you, 
 emanate from the National Executive. In no proper 
 sense can it be considered other than as an independent 
 movement of at least a portion of the loyal people of Ten- 
 nessee. 
 
 I do not perceive in the plan any menace of violence or 
 coercion towards any one. Governor Johnson, like any 
 other loyal citizen of Tennessee, has the right to favor any 
 political plan he chooses, and, as Military Governor, it is 
 his duty to keep the peace among and for the loyal people 
 of the State. 1 cannot discern that by this plan he pur- 
 poses any more. 
 
 But 3-ou object to the plan. Leaving it alone will be 
 your perfect security against it. Do as you phase on your 
 own account, peacefully and loyally, and Governor Johnson 
 will not molest you, but will protect you against violence 
 so far as in his power. 
 
 I presume that the conducting of a Presidential election 
 in Tccues;-ce, in strict accordance v\-ith the old Code of the 
 Slate, is not now a possibility. 
 
 It is scarcely necessary to add that if any election shall 
 be held, and any votes shall be cast in the State of Tennes- 
 see for President and Vice President of the United States, it 
 will belong, not to the military agents, nor yet to tho Ex- 
 ecutive department, but exclusively to another department 
 of tho Government, to determine whether they are entitled 
 to be counted, in conformity with the Constitution and 
 laws of tho United States. 
 
 Except it be to give protection against violence, I de- 
 cline to interfere iuany way withanv Presidential election. 
 ABKAUAM LINCOLN. 
 
 REMARKS TO THE 189lH NEW YORK EEGIMEXT. 
 
 Oa Monday, October 24, this regiment, or- 
 ganized under the late call for 500,000 men, 
 Col. Win. \V. Hoyt commanding, passed through 
 Washington, on their way to the front. Pre- 
 vious to their departure by transport, the regi- 
 ment was paraded in front of the White IIousC, 
 and presented to the President of the United 
 States by the Colonel, in a few appropriate re- 
 marks. Mr. Lincoln was received with the ut- 
 luost enthusiasm, and replied to the greeting 
 which met him as follows : 
 
 SoLDiEKS: I am exceedingly obliged to you for this mark 
 of respect. It is said that we have the best Government 
 the world ever knew, and 1 am jrl el to meet you, tho sup- 
 porters of that Government. To you who reniler the hiu'dest 
 work in its support should he given the greatest crecUt. 
 Others who are connected with it, and who occupy higher 
 positions, their duties can be dispensed with, but wo can- 
 not get along without yotir aid. While others dili'er with 
 tho Administration, and, perhaps, honestly, the soldiers 
 generally have sustained it ; they have not only fought 
 right, but, so fiir as could bo judged from their actions, they 
 have voted right, and I for one thank you for it. I know 
 you are en route for tho front, and therefore do not expect 
 mo to detain you long, and will therefore bid you good 
 morning. 
 
 The President retired, and the regiment gave 
 him three cheers, heartily and enthusiastically. 
 Col. Hoyt is an old soUlier, having served since 
 the commenc me. t of the existing rebellion iu 
 the army. IIis regiment is raised chiefly in 
 Steuben and Allegany counties, and will, with 
 its gallant Colonel, be heard fruui in the coming 
 campaign. 
 
 CORRESPONDENCE BETWEEN PRESIDENT LINCOLN 
 A.VD GEN. GRANT. 
 
 EsECtiiivE Mansion, 
 WASmNGiox, April 30, 18G4. 
 Lieutenant General Grant : 
 
 Not expecting to see you before tho Spring campaign 
 opens, I wish to express, in this way, my entire satisfaction 
 with what you have done up to this time, so far its 1 under- 
 stand it. The particuliirs of your plans I neither know nor 
 seek to know. 
 
 You are vigilant and self-reliant, and, pleased with this, 
 I wish not to obtrude any restraints or constraints upon 
 you. 'While I am very anxious that any groat disaster or 
 capture of any of oiu- men in any great numbers shall be 
 avoided, I know that these points are less likely to escape 
 your attention than they would be mine. If there be any- 
 tliing wanting which is within my power to give, do not 
 fail to let me know it. And now, with a brave army and a 
 just cause, may God sustain you. 
 
 Yours, very truly, A. LINCOLN. 
 
 Headquarters ARsnE? United States, 
 
 CuLPEPER C. H., Va., May 1, 1864. 
 The PREsroENT : 
 
 Your very kind letter of yesterday is just received. The 
 confidence you express for the futufe and satisfaction for 
 the past, in my military administration, is acknowledged 
 with pride. It shall be my earnest endeavor that you and 
 tho country shall not be disappointed. 
 
 From my first entrance into tlie volunteer service of tho 
 country to the present day I have never had cause of com- 
 plaint, have never expressed or implied a complaint against 
 the Administration or the Secretary of War lor throwing 
 any embarrassment iu the way of my vigorously prose- 
 cuting what appeared to be my duty. Indeed, srince the 
 promotion which placed me in command of all tho armies, 
 and in view of the great responsibility an 1 importance oi 
 success, I have been astoniohed at the readiness which 
 everything asked for has been yielded, without even an 
 explanation being asked. 
 
 Should my success be less than I desire and expect, tho 
 least I can say is, tho fault is not with you. 
 Very tiuly, your obedient servant, 
 
 U. S. GR.'VNT, 
 
 LLutcnanl General. 
 
 Withdrawal of Generals Fremont and 
 Cochrane. 
 
 BosTo.v, Auffiist 20. 
 General Fr.EMOXT : 
 
 Sir : Yuu must be aware of tho wide and growing dis- 
 satisfaction in the llepublican ranks with the Presidential 
 nomination at Baltimore, and you may have seen notices of 
 a movement just commenced to unite the thorough and 
 earnest friends of a vigorous prosecution of the war in a 
 new Convention which shall represent the patriotism of 
 all parties. 
 
 To facilitate the movement, it is emphatically advisable 
 that the candidates nominated at Cleveland anil Baltimore 
 should withdraw, and leave the field entirely free lor such 
 a united efibrt. Permit ua, sir, to a.'^k whether, in case Mr. 
 Lincoln will withdr,aw,you will do so, and join your fellow- 
 citizens iu this attempt to place the Admiuistratiua on a 
 
426 
 
 APPENDIX. 
 
 basis broad as the patriotism of the country and as its 
 
 L. STEARNS, 
 S. K. UHBINO, 
 JAMES M. SlONE, 
 KLIZUH WHiLiHT, 
 EUWAHD lIABICir, 
 SAMUEL G. UOWK 
 
 Nahant, August 25. 
 
 Gentlemen: I have to acknowledge the receipt of your 
 letter of the 20th, Hddifssed to mo in New Yorlc. 
 
 If your letter wert' in effect an appeal only to my own 
 seutiiueuts iu favor of a re-uuiun of parties, I should nut 
 hesitate to renounce my personal views, hut would he en- 
 tiiely ready to defer to the public opinion which your 
 uames represent. 
 
 But the conditions are ncf longer the same as when I 
 expressed my readiness to retire in the event of a contin- 
 gency wliich miiihl; have occurred at Baltimoie. II iving 
 now definitely aci;epted tue Cleveland nomiaation, I have 
 not the right to act independently of the truly patriotic 
 uad earnest party who conferred that honor upon me. In 
 any event it would be necessary first to consult with Ihem. 
 It might, besides, have only the efi'ect still iurtUer to un- 
 settle the public mind, and defeat the object you have in 
 view, if we should disorganize before first proceeding to 
 organize something better. 
 
 To this end I suggest that a direct effort be made to ob- 
 tiin an immediate understanding between the supporters 
 of the Baltimore and Cleveland nominations, in order that 
 the friends of both may coalesce, aud unite upon an early 
 day for holding such a convention as you propose. I am 
 batisfied that I do not assume too much iu saying that my 
 friends will unite heartily in such a movement. 
 
 A really popular convention, upon a broad and liberal 
 basis, so that it could be regarded as a convocation iu 
 mass of the people, and not the work of politicians, would 
 cummaud public confidence. Such a convention, acting iu 
 the large aud liberal spirit in which it was called, without 
 considerations ol persons or political cliques, aud without 
 r.'ference to bygone situations, rising to the level of the oc- 
 casion and taking the conditions of the country as they pre- 
 sent themselves to-day, could safely be trusted to propose 
 sucha poiiiN :uid iiaiiii' such a man as should, and un- 
 cioubtcdly v.n,,:,l, i, > ri\ c ihe cordial and united support of 
 Iha patriuUo ui.i^,-, ,, i.u' ihu people. To the great body of 
 tUesj, so far as my iuloimaliou allows mo to form .any 
 opiuiuu, I think that tbe following propositions would be 
 acceptable : 
 
 1, Respect for the practical liberty and the constitutional 
 rights aud dignity of the citizen. 
 
 "2. The maintenance, of the dignity of the United States 
 in their relations to foreign Powers. 
 
 3. The re-estabhshment of the Union; by peace if it is 
 possible ; by war, if tiie employment of peaceful measures 
 cannot be made to succeed. 
 
 Much haa been said of late about peace, and you will 
 therefore excuse me if I say here what 1 understand by it. 
 I'or mc , peace signifies the integral re-establishmout of the 
 Union without slavery ; because slavery is the source of 
 all our political dissensions, and because the institution it- 
 self is condemned by the en ightened and liberal spirit of 
 the age. These are to me the essential conditions of peace. 
 If It IS practicable to attain this result, it would not be pay- 
 UJg too dearly for it — taking also into consideration the ma- 
 terial strength which the South has been permitted to ac- 
 quire by the conduct ol the war — to make concessions upon 
 tome points of secondary importance, such as that of pay- 
 ii!g an indemnity for their slaves to those who have re- 
 niaiucd in a sort of neutral condition during tlie unhappy 
 war which has convulsed the country. To terminate this 
 we are now expending life and money ; it would certainly 
 be a gain to reduce it simply to a question of money. 
 
 If, iu spite of all these eflorts to spare the South humilia- 
 tion, or losses of capital likely to bo too severely felt, the 
 jwiitical chiefs who direct the South persist iu war, then 
 tlio policy of the Convention should be to pronounce in 
 that case for war with all the force aud energy of the na- 
 tion. For peace upon any terms, aud merely because it 
 is peace — a peace recognizing a North aud a SJUth — would 
 ii<jt bring about a stable equilibrium. It would only pre- 
 j)are the way for new struggles, aud fpr a condition of dis- 
 astrous anarchy. 
 
 The paramount question is the Union. By peace, if it 
 can be had on honorable and right terms — by war, if the 
 political leaders who are directing the South insist upon 
 war. 
 
 The situation of our country is unquestionably critical. 
 It demands the devotion and patriotism of a 1 men who 
 roally love their country, and it is one of those moments 
 when all personal as.jxratious should vanish iu the lace of 
 
 the great questions of principle and national existence ^ 
 
 which are at stake. 
 
 Thanking you, tcntlemen, for the evidence which your 
 letter gives ine of your confidence in my disposition to do 
 everything in my power for the interests of the country, 
 I am , very truly yours, 
 
 J. C. FREilONT. 
 
 This is General Fremont's letter of with- 
 drawal : 
 
 Nahant, Sept. 17. 
 
 Gentlemen: I enclose yoH my letter of reidy to an in- 
 vitation of some of my Republican friends to meet me at 
 Faneuil Hall. 
 
 In dechning their invitation, I have informed them of 
 my intention to stand aside from the Presidential canvass, 
 and assigned my reasons for doing so. To avoid repetition, 
 I enclose you the letter in communicating to you now offi- 
 cially my desire to withdi-aw my name from the Presiden- 
 tial candidates. 
 
 In this decision I have the approval of such of our frieniLs 
 as I have been able to consult. I have thougiit it not pru- 
 dent to incur tlie longer delay of consulting others, but I 
 have reason to believe that they will unite with me fully 
 upon the propriety of the step I have taken. 
 
 But in withdrawing from tne post of candidate, I do not 
 in any way intend to withdraw from my share in the labor, 
 which we jointly undertook, to secure the triumph of the 
 ideas represented by the radical Democracy. 
 
 Whatever the next Administration may be, we owe it to 
 ourselves to lorm a phalanx compact aud capable, by its 
 thorough unity, of exercising a pressure strong enough to 
 secure the eventual success of the principles lor which wo 
 have been contending— the le-establishmout of the Union, 
 the abolition of slavery, and practical respect for liberty. 
 
 In the present composition of parties, it is indispensable 
 that earnest men should devote themselves to watching the 
 jjrogress and insuring the success of these issues, I'egardlesa 
 of men or parties. 
 
 Mr. Lincoln says he does not lead, but follows the will of 
 the people. It remains, then, for the people, in the event 
 of his re-election, vigilantlyto require the following at his 
 hands, and, furtlier, to require that, in the execulioii (jf his 
 duties, he keeps scrupulously witiuu the Cuiislitulion and 
 the laws; to make him recognize that ho holds his place 
 and his power, not as belonging to himself, but as a really 
 faithlul servant of the people. 
 
 This is the important duty wliich we have now to per- 
 form. 
 
 Although, as representatives of the Cleveland movement, 
 we surrender our functions, the duty of watching party 
 politics, the Constitution remains. Vhat steps are neces- 
 sary in the performance of that duty must be the subject 
 for future consideration. 
 
 I am, gentlemen, respectfully and truly yours, &c., 
 
 JOHN C. lilE.UUNT. 
 To Messrs. Wurihington G. Sneiu£:< and others, a com- 
 mittee, &c. 
 
 This letter is upon the same subject : 
 
 Boston, September 21. 
 
 Gentlemen : I fetl it my duty to make one step more iu 
 the direction indicated by my letter of the -5th of August, 
 and withdraw my name from the list of candidates. 
 
 The Presidential question has, in effect, been entered 
 upon in such a way that the uniouof the llepulilican party 
 has become a paramount necessity. The polity of the 
 Democratic party signifies either separation or re-establish- 
 ment with slavery. The Chicago platform is simply sepa- 
 ration. Gi'neral McClollan's letter of acceptance ^is re- 
 establishment with slavery. 
 
 The Uepiiblican candidate, on the contrary, is pledged to 
 the re-est:iblishment of the Union without slavery; and, 
 however hesitiiting his policy may be, the pressure of his 
 party will, we may hope, force him to it. 
 
 Between these issues, I think, no man of the liberal 
 party can remain in doubt, and I believe I am consistent 
 with my anteceilcnts in withdrawing — not to aid in the 
 triumph of Mr. Lincoln, but to do my ptu-t towards pre- 
 venting the election of the Democratic candidate. 
 
 In respect to Mr. Lincoln, I continue to hold exactly the 
 sentiments contained in my letter of aceeptance. 1 con- 
 sider that his administration haa been politically, militari- 
 ly, and financially a failure, and that its necessary contin- 
 uance is a cause of regret for the country. 
 
 There never was a greater unanimity in a country than 
 was exhibited here at the fall of 8uiuter, and the South 
 was powerless in the face of it; but Mr. Lincoln complete- 
 ly pai'alyzed this generous feeling, lie ilestroyed the 
 strength of the position aud divided the Nortli, when lie 
 declareil to the South that slavery should he protected. 
 Ue has built up for the South a strength which othexTvisa 
 
APPENDIX. 
 
 427 
 
 they could have never attained, and this has given them 
 au advocate on the Chicago platform. 
 
 The Cleveland Convention was to have been an open 
 avowal of that condemnation which men had been freely 
 expressing to each utli; r Un- t]\r |iast l\v<i years, and whicli 
 had been made fully Kn.iv, i[ ii. ili I'l ■^i.ient; Imt in Ilje 
 uncertain condition ol all ui>. '.• ; Inu, m. ii were not fuiuid 
 willing to make publie a (.li||uti: lariiuu and eondenmatiun 
 which could have reudereiFjlr. Lincoln's nomination ini- 
 jiossible, and their continued silence and support estali- 
 lished for him a character among the people which leaves 
 now no choice. 
 
 United, the Ilepublioan party is reasonably sure of suc- 
 cess ; divided, the result of the Presidential election is at 
 least doubtful. 
 
 I am, gentlemen, very truly, yours, 
 
 .T. C. FREMONT. 
 ^Xo Messrs. George L. Steaens and others, a committee, etc. 
 GEN. COCIIUANE's WITHDKAWAL. 
 To the War Democrats of the United States : 
 
 A convention of men of various politicjil tenets assembled 
 at Cleveland on the 31st il y '^f ^! 'v li t. {•»■ I'm. purpose of 
 discharging from the Sii; ;■: i -i" , il r' !l:.in the in- 
 fraction of the rights o I I , i ,, i , < :;;lcs which 
 
 attended it. The present > i ,i i il '(..m i ) \Var Dem- 
 ocrats unexpectedly conlnuuied tu wy iioniin.ition by the 
 convention for the Vice Presidency, preceded by that of 
 John 0. Fremont for President. 
 
 The principles which dictated my acceptance of the 
 nomination approved themselves at the time to very gen- 
 eral regard, and have since, in my opinion, lost none of 
 their original virtue or vigor. Their practical assertion 
 was required, it was thought, by the success with which 
 personal liberty had boon assailed, aud the extremities to 
 which constitutional freedom had been reduced. Not the 
 least inducement, however, was the consideration that the 
 redress of grievances, in the manner proposed, could not 
 interrupt, but would entirely consort with a vigorous pro- 
 secution of the I war. It cert'iinly was not contemplated 
 that the success of the candidates should, in any degree, 
 impair or endanger that most important part of the plat- 
 form which resolved "that the rebellion must be suppressed 
 by force of arms, and without compromise." 
 
 Instead of the Democratic party, as was then hoped aud 
 expected, co-operating at this point, they flouted the war 
 at Chicago, and pronounced for unconditional peace. When, 
 " to exhaust the resources df st;itesmauship," and to allow 
 "the spirit of conciliation and compromise to prevail," 
 General McClellan virtually asserts that there should be a 
 "cessation of hostilities," he is in agreement with the con- 
 vention which nominated him. When, however, he pro- 
 poses, in the alternative of the war, that the rebellious 
 States shall be restored to precisely their former con- 
 dition in the Union, with precisely the same political re- 
 presentation as when tliey departed from it, ho rejects a 
 convention of States, on wliich, ;,-. tli.' pt.::c,.:il.l<> nic;ni-i. I li.' 
 Chicago Convention evid'n ! > ., h . i i i ■< 'm ! n i 'i ■ > '■ 
 Union out of States pli.y, •■ ''.■■\ :< ;i ; i ii.i ; i . ,ii, 
 Bhorn. While, therefore, :; I, ,.,i M> l-il.n, m, -.lij .,i 
 an impossible Union as it war., tni._.u^ii \».u,iiic- cuuvi-nLmu 
 resolves upon an impossible Union as it shuuld be, tiuough 
 peace. Thit the camhduto does not stand erect upon his 
 platform, though admitting a question whether, if electetl, 
 he would negotiate a peace, permits none that, if elected, 
 he could not efl'ectively prosecute the war. 
 
 The success of the Chicago nominees would therefore, at 
 the best, but place in power a p.irty uf diviikd councils, of 
 uncertain policy, and of iudcci^ivi . ■.'< n. i ! riy, such an 
 event would be at the farthest li -lun of the 
 
 rebellion by force of arms, and wu.i i,i ,1 ■■,iuse." 
 
 The Baltimore platform, howcv' r l.j 1 innui.lc at other 
 points, is unimpeachable at this; and while it fails to vin- 
 dicate personal rights, and the rights of free speech and 
 the press, it does not fail to refer tlio re-establishment of 
 oiMi^Jtitiitionil liberty and the restoralicm of (he Union to 
 tli !' 1' : 'lit of arms, in which, and in which alone, the 
 n 1 1 : ; is to be found. "We stand williin view of a 
 
 re I 111 i;i u; I'.icssed; within hail of a coinitry reunited 
 amlsav.-a. War lifts the curt.iin and discloses the pros- 
 pect. War has given % us Atlanta, and war offers to us 
 Kichmond. 
 
 Shall we exchange the proflVrcd victory fur a "cessation 
 of hostilities?" No! As :■■- .'■:, :,i .,; 1":,. 1, ■■ iii;cii_. wo 
 should hght at the end; ;.i,'l . I ih1 
 
 down its arms, may we p . i iiic 
 
 war for the Union shall i^ ■ j-.i;. 1 i' li.:\ -i: !■ 1. ■ Lay 
 down your arms," then; as it was at tlic c.iiiinicnccmcnt, 
 BO it is now, all that is demanded by loyal Americans of 
 their rebel lions brothers. 
 
 I would certiduly prefer that the American people could 
 be brtuiglit to a vole on the several propositions peculiar 
 to the Crevolaud platform. The right of asylum, the ouo- 
 
 termjii'licv, t!ic diici ( v.ito of the people for their nati nal 
 
 Cliicl M -i-./al-, II,- Unni luclrinr. tji,. c niliiiin- e.\ jlu- 
 
 sivclv I . Il, ■ ; -I' - ■ iii.ili'. - oT til- 1 pi;' ill ( iiir:i-i',-3 the 
 
 recMUstiiicii, 11 ,a <i ,ir..a!hl tlie amcndiueiit oi the Federal 
 Coiistitiitiun la ia,|iil.ii .-lavery, are princijilcs of primary 
 ma.'^nitudc an'l iin| ni lanca. JJut before all tlicso is our 
 Country, il is i: m a-.a! I,, rebellion. Loyal armies alone 
 protect it. fchuul.l thus - armies retreat, and our protection 
 be withdrawn; or should tliey advance, tind'our safety be 
 established? Snail there be peace through the concessions 
 of politicians, or peace through the actions of war? That 
 is the question. 
 
 Peace and division, or war and the Union. Other alter- 
 native there is none. And, as I am still of the mind that 
 once led me to the field with the soldiers of the Republic, 
 I cannot nuw laM a |" !i;>ii. whicli, Iiy (li\i-;iii;_. Iia^:ard3 
 the success ui :.' , a ■ a ; -, w halia la- lll'ar .li:, r, H'-es at 
 other points, a a , :; i 1 ',,• ,|iii -;; ill ,,1 I!: ■ 11, -t con- 
 Bcquence, thai tl, 1 '■ : 1 i an uf tie- I ni iii c.,:ni.,t bo 
 effected without the uninterrupted continuation of the 
 war. 
 
 I, therefore, withdraw my name from the Cleveland 
 ticket. Very truly yours, 
 
 JOHN COCURANE. 
 
 New York, Sejitember 21, 1864. 
 
 Rebel Items. 
 
 AN IMPOUTANT AND SIGNIFICANT CIRCULAR. 
 
 The Richmond Examiner of Sept. IT alludes 
 to an " important circuldr," issued to the peo- 
 ple of Richmond recently. We quote the sub- 
 stance of the circular : 
 
 Captain Coke, enrolling olBcer for this district, will pro- 
 ceed to-day with the enforcement of a circular issued from 
 the War Department, providing for a registry of all white 
 males between the ages of seventeen and huy years, not 
 actually in service in the field; with the grounds of their 
 exemption or detail ; also a registry of .all boys who will 
 arrive at the age of seventeen years within the next twelve 
 months, with the month at which they will atUiin that age. 
 To obviate the possibility of any alarm that the enforce- 
 ment of the order, unexplained, might tend to create, we 
 will state tliat it is not intended to enroll the citizens fall- 
 ing within this category. The registry is simply intended 
 as a basis upon which the Government may hereafter .act 
 in the matter of conscription and- enrollment, as the emer- 
 gencies of the service may require. We trust that every 
 man and hoy within the jurisdiction of the circular will re- 
 spond with alacrity to the call, and that they will give the 
 enrolling ofiicers as little trouble as possible in obtaining 
 the desired registry. 
 
 THE ENKOllMENT IN RICHMOND. 
 
 The military reiristry, ordered by the Bureau of Con- 
 
 c!i:a: 11. "! ; II I aalia! bctweeu the ages of seventeen and 
 Ii i' 1 : lly in the army in the field or with the 
 
 1 M , ana III il yesterday morning in Monroe ward, 
 
 will be Conliii.: Il'-,|iv. '1 ic' ,,ra' a- i- v^ : \ ' :a; a,,i j,. aud 
 must be cxccii: -I. anl 111- Ilia ,iii m..,!.- 1, , !• >. a,:,,ptcd 
 as most agrcal.l,' !>, Ih,' ,al),a us 'i'li,' c\.a,,|a a ai - 111 Kich- 
 mond embrac \\ 111,,,,- Willi tlic army HI tlic licid and 
 
 .those in the re- 1 \i s alt a, hid to tho regiments of Colonels 
 Evans and 1> iiiiaiMi. It may as well ho understood that 
 thisisnot 1.11 .1.1, illiiiriil, hut a military ceiiwtis. Citizens 
 fai.iiiaiii i'cala III 111 a.-Jia', I, I ,;ai, -tfliV the enroll- 
 ing Ola . I . ■ i 1 a a :! "tlicrefore l.o 
 save, I i . : 1 : , , 1 : ,, ; , , ; ;, board in the 
 
 lespci'llli' wal il-.- - /,'aa,a //'/ y .a,//,(,aa a, a ,"/. 21. 
 ENltULLMENl' Oi' NEGROES.* 
 
 Hake's Weekly Bulletin, of the 14th, 18th and 
 
 *This Order from General Canby contains au additional 
 iuthcatiou of purpose : 
 
 Ueadq'rs Mil. Div. West Misslssippi, 
 New Or.LE.iNS, La., Oct. 11, 1S64. 
 General Orders No. 58. 
 
 The subjoined extract from a despatch from Henry W. 
 Allen, styling himself Governor of Louisiana, to tho rebel 
 Secretary of War, is published for goueral iuformatiou : 
 Executive Office, 
 SiiREVEPORT, La., Sqyt. 26, 1864. 
 ToIIon. James A. Sf.ddon, -Secretary o/ War, Ridunuii<1, Ta.: 
 My DEAtt Sir: The time has come for us to ]uit into tha 
 army every able-bodied negro man as asolihk'r. Tliis should 
 be done immediately. Congress should, at tli^ coining ses- 
 sion, take action on this most important question. The 
 negro kuows that he cuunot escape cuuscriptiuu if he goes 
 
428 
 
 APPENDIX. 
 
 21st A^igust, published at Galveston', contains 
 the following intelligence: 
 
 neuroes in the service of the coxfederacy. 
 Ueadq'rs Department Teans-Mi'^sisrippt, 
 SnREVEPORT, La., July 20, lb64. 
 General Orders No. 45. 
 
 I. Ill accordance with an act of Congress, entitled " An 
 Act to Increase the Efficiency of the Army by Employment 
 of Free Negroes and Slaves in certain Capacities," approved 
 February 17, 1864, all male free negroes and other persons 
 of color, not including tliose who are free under the treaty 
 of Paris of 1S03, or under the treaty of Spain of 1819, resi- 
 dent in the Confederate States, between the ages of eighteen 
 and fifty years, will be immediately enrolled under the di- 
 rection of the Bureau of Conscription. 
 
 II. The Bureau of Conscription will take the necessary 
 steps, through the enrolling officers, to enrnll immedi;itely 
 one fiftli of all the male slaves in this department between 
 the ages of eighteen and forty-five years. 
 
 III. All free negroes and slaves so enrolled will be sent 
 to rendezvous designated by the commandants of negro 
 labor for the several States, accompanied by descriptive 
 rolls. 
 
 IV. Requisitions for negro labor must be made upon 
 the commandants of negro labor of the several States. 
 
 V. All officers and agents of the Government, in charge 
 of slaves, will furnish monthly, to the commandants of ne- 
 gro labor of the several States to which the slaves belong, 
 correct and certified muster rolls of those in their charge. 
 
 By command of General E. Kirby Smitli : 
 
 S. S. ANDERSON, 
 Assistant Adjutant General^ 
 KE70CATI0N OF DETAILS.* 
 
 [official.] 
 Adjuiakt and Inspector Gencral's Office, 
 RicnjiONi), Ocloljcr 5, 1S04. 
 General Orders, No. 76. — 1. AU details heretofore 
 granted, under authority of the War Department, to per- 
 sons between the ages of eighteen and forty-flve year.^, are 
 revoked, and all such detailed men, together with those 
 ■within the said ages who hold furloughs or temporary ex- 
 emptions by reason of pending applications for details, will 
 be promptly assembled at the camps of instruction, and ap- 
 propriately assigned among the armies for service ; except 
 that men detailed and now actually employed in manufac- 
 turing, providing, collecting and forwarding munitions and 
 other indispensable supplies for tlio army and nav3'. or in 
 work indispensable to military operations, will be continued 
 in their present employments until their details shall be 
 revised. 
 
 2. The heads of departments and chiefs of bureaus will, 
 within the next twenty days, forward to the Generals of 
 Reserves lists of all detailed men in their employment, in the 
 several States, specially distinguishing and certifying those 
 who are experts and those absolutely indispensable for the 
 performance of the above-mentioned Government work and 
 business; and all detailed employes not so certified within 
 
 to the enemy. lie must play "an important part in the 
 war. He caused the fight, and ho will have his portion of 
 the burthen to bear. ^V'e have learned from dear-bought 
 experience that negroes can be taught to fight, and that all 
 who leave us are made to fight against us. I would free 
 all able to bear arms, and put them in the field at once. 
 They will malco mucli better soldiers with us than against 
 us, and swell the now depicted ranks of our armies. 
 
 I beg you to give this your earnest attention. 
 
 AVith assurances of my friendly regards and very high 
 esteem, I rumaiu, very respectfully, your obedient servant, 
 UENRY W. ALLEN, 
 Governor of Louisiana. 
 
 The class of persons to whom it refers will not be con- 
 scripted into the armies of the United Stiites if they come 
 within our lines. All will be freed, and they will be re- 
 ceived and treated as refugees. They will be accepted as 
 volunteers, or will be employed in the public service, and 
 their families will be cared for until they are in a condi- 
 tion to cai-e for themselves. If a draft should become ne- 
 cessary, no discrimination against them will be made on 
 the enrollment or draft. 
 
 By order of Major General E. R. S. Canby : 
 
 C. T. ClIRISTENSEN, 
 Lieutenant Colonel and A. A. G. 
 
 * The Richmond Dispatch of September 12, 1864, makes 
 the authoritative statement that " there are 114,000 men 
 detailed as farwers, and some 3:i,000 exempt as necessary 
 in sonic iorili to the Government and public institutions of 
 the States." 
 
 the prescribed period will, upon the expiration thereof, be 
 forthwith assigned to the army. 
 
 3. All persons called out by this order, who claim ex- 
 emption on acount of physical disability, will be exaniin«ed 
 by select medical boards, after their arrival at the camps of 
 instructions. 
 
 4. All man found for light duty, who are unas.?is:ned,will 
 at once report to the camps instruction, uiulpr the pen- 
 alty of being forthwith assigned to the iictivt' forces. By 
 order. S. COOPER, 
 
 Adjutant and Inspeclur Gcntral. 
 
 NEGROES AS REBEL SOLDIERS. 
 {From, the Richmond Enquirer, Oct. 6.] 
 The general order for the revocation of details will be 
 found in this issue of the Lnquircr. This step has been 
 taken by the Government to fill up the army. It is neces- 
 sary and proper, and if this order is prompfly enforced the 
 increase of the army will be f-peedy and rapid. V/e should 
 like tosee steps taken to promptly enforce the law of Congress 
 for the employment of negroes in the army, as teamsters, 
 &c. The law of Congress on this subject is plain, and 
 though it does not go far enough, yet by promptly enforcing 
 its provisions, many soldiers will be returned to "their com- 
 mand and the army very greatly strengthened. The de- 
 tails should come forward promptly ; tluir services aro 
 greatly needed; andif they aro speedilycollected and sent to 
 the front there will be no danger at Richmond, and the con- 
 dition of the country present the most encouraging aspect. 
 It is useless to seek to conceal that more men are greatly 
 wanted. The President has emphatically announced tho 
 startling fact that two thirds of the army are absent from 
 the ranks. There would be no need of reinforcements but 
 for this most disgraceful straggling and deserting. But as 
 the fact exists, and the evil must be repaired, the details 
 are called upon to do service. How long their service will 
 be reqiiired cannot now be said, but sixty to ninety days 
 will terminate the active operations of tlie camp.iign, and 
 then details may be resumed. But, at present, all are 
 needed, and all must come forward. Those that delay or 
 shirk will be hunted down, and permanently sent to the 
 army. 
 
 The law of Congress authorizing the employment of ne- 
 groes, if fully carried out, would give ten tliousand men to 
 the Army of Northern Virginia. The slaves and free ne- 
 groes can be impressed just as any other property, and tho 
 law provides for their support and clothing, and pays tho 
 owner soldier's wages. 
 
 The law of February 17 makes all " male free negi'oes, 
 (with certain exceptions,) between the ages of eighteen and 
 fifty" liable to perform such duties in the army, or in 
 connection with the military defences of the country, in 
 the way of work upon fortifications, or in Government 
 works, &c., as the Secretary of War may from time to time 
 prescribe, and provides rations, clothing and compensation. 
 Tho Secretary of War is also authorized to employ lor simi- 
 lar duty twenty thousand male negro slaves, and their 
 owners are guaranteed against escape or death. The Sec- 
 retary is authorized to impress tho slaves when he cannot 
 hire them; and General Orders No. 32, March 11, 1861, 
 directed the enrolment of the free negroes, and their assign- 
 ment to the performance of the duties mentioned in the 
 act. Also the employment and impressment of slaves was 
 ordered by the same general orders, and the provisions of 
 General Orders No. lo8, of the 24tli October, 1803, pointed 
 out as governing in this matter. Has this law and general 
 order been enforced ? 
 
 The General Orders No. 138, Oct. 24, 1863, says : " No 
 impressments shall be made ef slaves employed in domestic 
 and family service exclusively, nor upon farms or planta- 
 tions where there are not more than three slaves of the ago 
 specified, and not more than five per cent, of the population 
 of slaves shall be impressed in any county at the same 
 time, unless the necessity is very great, and after consulta- 
 tion with this department or the Governor of the State in 
 which the impressment is to be made." Here is tho law and 
 the general order. Have they been enforced? If they 
 have not been executed, no longer delay sliould be allowed. 
 We call upon the authorities to enforce this law immedi- 
 ately. 
 
 The question of making soldierTOf negroes, of regularly 
 enlisting them and fighting them for tlieir safety, as well 
 as our own, must have presented itself to every reflecting 
 mind. Because tho Yankees have not been able to make 
 soldiers out of their drafted negroes, it does not follow that 
 wo cannot train our slaves to make very eflicient soldiers. 
 Wc believe that they can be, by drill and discipline, moulded 
 into steady andreliable soldiers. Thepropriety of employing 
 negroes as soldiers we shall not at presciH discuss; bttt 
 whenever the subjugation of Virginia or the employment of 
 her slaves as s"ldiers are allcrnative positions, then certainly 
 we are for making them soldicrs,and giving freedom toilwtC 
 negroes that escape tlie casualties of battle. 
 
APPENDIX. 
 
 429 
 
 We shonlJ be glad to see the Confederate Congress pro- 
 vide for the purchase of two hundred and fifty thousand 
 iiL'groes, present them with their freedom and privilege of 
 remaining in the States, and arm, equip, drill and fight 
 them. We believe that the negroes, identified with us by 
 interest, and fighting for their freedom here, would be 
 fciithful and reliable soldiers, and, under officers who would 
 drill them, could bo depended on for much of the ordinary 
 service, and even for tlic hardest fighting. It is not neces- 
 sary now to dissuss this matter, and may never become so, 
 but neither negroes nor sl.TVary will be permitted to stand 
 in the way of the success of oar cause. The war is for na- 
 tional independence on our side, and for the subjugation of 
 white and the eman«ipation of negroes on the side of the 
 enemy. If we fail, the negroes are nominally free and 
 their masters really slaves. We must, therefore, succeed. 
 Other States may decide fur themselves, but Virginia, after 
 exhausting her whites, will fight her blacks through to the 
 last man. She Will be free at all costs. 
 
 USINQ THE SLAVES. 
 
 [From the Enquirer of October 18.] 
 
 The proposition to e.vtend the Conscript Law to the 
 slaves of the States was first formerly advanced by the 
 inquirer in the issue of the 6th instant. Since that time, 
 we have received many assurances of its popular favor, and 
 none whatever of opposition to it. We learn that the 
 planters in the extreme Southern States favor the propo- 
 sition, and some have signified their readiness to free five, 
 ten, or fifteen of their slaves, if they will enter the army. 
 The near approach of the time when tlio Congress meets 
 again requires that expression be given to the sentimeats 
 of the country npon thia importaut measure. We there- 
 fore earnestly invite its discussion, and open our columns to 
 opponents as well as friends of the proposition. 
 
 The result of the late elections is still in doubt, and 
 whether Lincoln or McClellan will bo elected it is yet im- 
 possible to determine ; but there is no uncertainty as to the 
 question of carryi;ig o:i the war. Whether Lincoln or Mc- 
 Clellan be the next President, the voice, and the almost 
 unanimous voice, of that people is for a vigorous prosecu- 
 tion of the war. The duty of preparing to meet that issue 
 will be bctbre the approu-hing session of the Confederate 
 Congres^; tliat body will have before it, for considenitiou, 
 the w.iys and means, aa well of men as of money, for carrj - 
 ing on the war on our part. 
 
 The war-cry of (he enemy — "No parley with rebellion 
 in the field; no compromise with slavery in the readjust- 
 ment" — fully informs our people that, in plain vernacular, 
 the whites of these States are to be subjugated to slavery, 
 and their slaves reduced to the niiser.ible condition of 
 Yankee free negroes. This is the view of tho people 
 among our ouemies, and this will be tlio result of the war, 
 whether ended by Lincoln or M-Cl^Uan, if tho people of 
 these States permit themselves to be couquered. 
 
 Tho conscription of negroes sh-aild bo accompanied with 
 freedom and the privilege of remaining in the States; this 
 is no part of :'.Lolitiunism ; it is the ex> rcise by the master 
 of the unqueationablp right of manumission; it is remu- 
 nerating tliose who defend lur cause with the privilege of 
 freedom. Nor should this important subject be prejudiced 
 with questioMS about jiutting the negro on an equality 
 with our friends, brothers, and fathers. Many of the sol- 
 diers in their childhood were fondled and nursed by faithful 
 negro nurses, and yet no question of equality was ever 
 raised. M.iuy a man has manumitted ^laves without ever 
 being subjected to the suspicion of being an abolitionist. 
 
 The issues involved in this war are too exalted in their 
 importance and character for us to permit them to be com- 
 promised by being degraded to a question of property. 
 Tho liberty and freedom of ourselves and of our children, 
 the nationality of our country, the right of enjoying any 
 kind of property, the houses over our heads, and the very 
 graves of our children and friends, are involved in this 
 struggle. Failure makes slaves of all, white and blade; 
 robs all of i)roperty, real and personal ; divides our lands 
 among onr conquerors, who will plough up tho very graves 
 of our deadas ferti.ized grotind for making money. We 
 have in our midst a half million of fighting material which 
 is property — shall we use that property for the common 
 cause? 
 
 Justice and sound policy demand that we make freemen 
 of those who light for freedom. We conscript the master 
 and we impress his horses, cattle, wheat, and every other 
 property except slaves. This very exception is an imputa- 
 tion that this war is for slavery and not for freedom. By 
 conscripting tho negroes wo show to the world the earnest- 
 ness that is in our people ; we provo to our enemies that at 
 the moment of our supposed exhaustion, in the fifth year 
 of the war, we shall meet them with larger armies than 
 we have before raised ; and wo explode tho false accusa- 
 tion that we are figliting for slavery, or a slaveholders' 
 Confederacy. 
 
 There are those who doubt whether sound policy 
 would trust negroes with arms. Wo are not of those who 
 entertain any fears upon that subject. Drill and discipline 
 make valuable soldiers of Ilussian serfs, and no negroes 
 in these States are so ignotant and brutal as those serfs. 
 Between service with the Confederacy and with tho Yan- 
 kees, between living among us with all their strong local 
 attachments, and going among strangers, who are now 
 openly buying and selling them to recruiting offlcers, our 
 slaves will find no difficulty in choosing. And, when once 
 it is understood that freedom and a home in the S )iith are 
 the privileges offered by the Confederate authorities, while 
 tho enemy extend the beggarly hospiulitics of Yankee 
 philanthropy, not only will desertion IVom our ranks be 
 untroquent, but the drafted negroes of the Yankee armies 
 Will exchange servicea. 
 
 This subject addresses itself to tho consideration of our 
 people, at this particular time, with great force. Tlie pros- 
 pect of four more years of war are before our people ; the 
 enemy will not even "parley" with us without uncondi- 
 tional surrender, tho fruits of which would be the conlisca- 
 tion of all property, the deportJition of whole coiiiraunities, 
 tho degradation of the people, and the domination and 
 tyranny of Yankee masters. There can bo no recon.stnic- 
 tion which does not ctubrace a surrender first, which will 
 not permit confiscation afterwards, which docs not insure 
 enslaving the white, without freeing the blacks. 
 
 If there are any weak-kneed people who imagine thoy 
 can save their property by reconstruction, lot them study 
 the Shibboleth of all parties in the United States—" No 
 parley with rebellion in the field ; no compromise with 
 slavery in the adjustment." Unconditional surren;!er is 
 first demanded before even a parley. We are to lay down 
 our arms and submit to the kindness of the Biitlers, Grants, 
 Shermans, and Sheridans ; to the fate of New Orleans, the 
 condition of tho Valley, the misery of Atlanta, and, after 
 all that dogradatitm, to give up all our slaves in the adjust- 
 ment. If there are any reasons against extending the con- 
 scription to slaves, we should like to have them stated ; 
 but wo are decidedly of opinion that the whole country 
 will agree to the proposition, and that at an curly day the 
 next congress will be called upon to provide for it by law. 
 
 CONFEBENCE OP THE GOVERNORS. 
 [From the Richmond Sentinel, October 24.] 
 
 In another column we publish the resolutions adopted at 
 a conference of the Governors of a number of the Confed- 
 erate States. The united resolve of the Governors to use 
 every elfort to increase the effective force of the army ; to 
 strengthen the Confederate authorities in the discharge of 
 then- duties; to consider tho interests of all the States as 
 identical, and to fiivor the sending of State troops beyond 
 the State limits when their services are needed; to favor 
 stringent laws l"; i.i' ,im -; Irv the Stale authorities of 
 strailulersaiuM- " ■ : i--"greeted with the popular 
 
 acclamation, 'j n 1 ; ■... :■ 1 i e.-olve wliich they declare 
 for themselves and un.r c„;i.,Utuencies, " to maintain our 
 right of self-goverument, to establish our independence, 
 and to uphold the rights and sovereignty of tho States, or 
 to perish in the attempt," is an exhibition of the spirit 
 proper to their high positions, and shared by om- people 
 throughout the country. 
 
 The Governors also recommend to the Confederate Gov- 
 ernment to send all able-bodied civil employees into tho 
 field, and to dispense in a great measure with provost and 
 post guards. They further propose a course of action ia 
 reference to slaves near the enemy's lines, and the employ- 
 ment of slaves in the Confederate service, which is emi- 
 nently proper, and in accordance with a growing sentiment 
 among the people. 
 
 On tho whole, we trust the conference of the Governors 
 will be productive of much good. 
 
 THE CONFERENCE. 
 
 At a meeting of tho Governors of tho States of Virginia, 
 North Carolina, South Carolina, Georgia, Alabama, and 
 Mississippi, held in Augusta, Ga., on tho iTth inst., Governor 
 William Smith presiding, after a full, free, and harmonious 
 consultation and interchange of counsel, tho following, 
 among other views, were exiiressed : 
 
 Jlnxolvcd, That there is nothing in the present aspect of 
 public affiurs to cause any abatement of our zeal in the 
 prosecution of the war, to tho accomplishment of a jreace 
 based oi. ile^ i,hl.,nM,,lhr. . nii.^r,,,!' I.M;,i,'>-T:t -. Aud 
 togivr ,.K .1,-. , ,' ; . . -I 1.:. ■. . : :i - ;.. !!■ M. 
 
 and to M : 1 ! 
 
 suit of liii- ^1^' ii.il - 
 increase the ilj. : i , i 
 
 Jlesolved, Tim i 
 identical in tie > 
 wisdom and tiur i iii 
 of each should aid lie' i 
 tion, aud for this puipc 
 
 ^,. ^,|.; 1! Mil- i'.'M , \.-iI|..l;b to 
 
 , . i I. h of our Stiites are 
 ; , Mll'-govornmeut, and 
 
 :ti 01 I ii. ll;it the military forces 
 ITS against invasion and subjuga- 
 wo shall recommend to our sev- 
 
430 
 
 APPEXDIX. 
 
 Hemlr 
 
 duty, 
 officer 
 
 eral LcE;i,l<'!tTirps to rppeal all snrh laws as prohibit the 
 Executives IVorn seiidiu;;- their forces beyond tlieir respective 
 limits, in onlr tliat they iu:iy render temporary service 
 wherev. r most urgently required. 
 
 Jtesnli-ei/, Xliar, whilst it is our purpose to use every ex- 
 ertion to increase tlie strength and elficieucy of our State 
 and Conlederato forces, we respectfully and earnestly re- 
 quest that the Confederate authorities will send to the field 
 every able-bodied man, without exception, in any of its 
 various departments, whose place can be ifilled by cither 
 disabled officers and soldiers, senior reserves, or negroes, 
 and dispense with the use of all provost and post guards, 
 except in important cities and locaHties where the presence 
 of large bodies ot troops make them necessary, and with all 
 passport ag nts upor. railroads not in the immediate vicinity 
 of the armies, as v.o consider these agents an unnecessary 
 annoyance to good citizens, and of no possible benefit to 
 tUe_country. 
 
 it we recommend our respective Legislatures 
 III 1.1 W3 for the arrest and return to their 
 I • rrters and stragglers from the Confed- 
 I ■ troops, and that it be made the special 
 I IJii.ite penalties, of all civil and military 
 t, and deliver to the proper authorities all 
 such delinquents. 
 
 And whereas the public enemy, having proclaimed the 
 freedom of our slaves, are forcing into ttieir armies the 
 able-bodied portion thereof, the more effectually to wage 
 their cruel and bloody war against us ; therefore, be it 
 
 liesolvecl, That it is the true policy and obvious duty of 
 all slave owners timely to remove their slaves from the line 
 of the enemy's approach, and especially those able to bear 
 arms; and when they shall fail to do so, that it should be 
 made the duty of the proper authorities to enforce the per- 
 tbrmanco of this duty, and to give to such owners all neces- 
 sary assistance as far as practicable. 
 
 liesolvcd. That the course of the enemy, in appropriating 
 our slaves who happen to fall into their hands to purpose's 
 of war, seems to justify a change of policy on our part; 
 and whilst owners of slaves, under the circumstances, 
 should freely yield them to their country, wo recommend 
 to our authtjrities, under proper regulations, to appropiJate 
 such part of them to the public service as may be required. 
 
 Ji&iolved^ Tli!it the States have a right to export such 
 productions and to import such supplies as may be neces- 
 sary for State use, or for the comfort or support of their 
 troops in service, upon any vessel or vessels owned or char- 
 tered by them; and that we request Congress at its next 
 session to pass laws removing all restrictions which have 
 been imposed by Coniederate authority upon such exports 
 or imports by the States. 
 
 And, liistly, we deem it not inappropriate to declare our 
 firm and unalterable purpose, as we believe it to be that of 
 our fellow-citizens, to maintain our right of self-govern- 
 ment, to establish our independence, and to uphold the 
 rijfhtsand sovereignty of the States, or to perish in the 
 attempt. 
 
 Resolved, That the chairman be requested to send a copy 
 of these resolutions to his Excellency President Davis, one 
 each to the President of the Senate and Speaker of the 
 House of Representatives, to be laid before their respective 
 oodles, and one to the Governor of each State in the Con- 
 federacy. 
 
 The Richmond Whifj, of the 24th, thus com- 
 ments upon the above: 
 
 THE GOVERNOKS IN COUNCIL. 
 
 The Governors of several of our States have been in con- 
 sultation in Georgia, and have agreed in making a number 
 of recommendations to Congi-ess, the Confederate Execu- 
 tive, and the Legislatures of the several States, the adop- 
 tion of which, it is thought, will promote the cause in 
 which each of these States have so vital an interest. There 
 does not appear to have been any discord or diversity of 
 opinion in this conference; and, indeed, it may be said 
 there is no difference among our people, except in some 
 matters, as to tlie wisdom with which the means placed at 
 the disposal of the authorities are employed. 
 
 The paramount question with all — the one question — is, 
 how can the power of the Confederacy be most efficiently 
 and iiuccossfully employed for the defence and deliverance 
 oi the Confederacy y All agree that its entire military re- 
 sources, to the fast man and the last dollar if needed, must 
 be thrown into the struggle. No one thinks of turning 
 back, or so much as looldng back, till the work is fiuished. 
 No one dreams of any adjustment that would compromise 
 our independence. Liberty or deatli is the langtiage and 
 purpose of all. With such a resolve animating the'wliole 
 boily of our people, armies, authorities, and citizens, sub- 
 jugation is impossible. 
 
 LETTER OF ALEXANDER H. STEPHENS ON TEACB. 
 
 Crawfop.dsville, Oa., Septemher 22, 18&4. 
 
 Gentlemen: You will please excuse me for not answer- 
 ing your letter of the 14th instant sooner. I have been 
 absent nearly a week on a visit to my brother in Sparta, 
 who has been quite out of health for some time. Your 
 letter I found here on my return home yesterday. The 
 delay of my reply thus occasioned I regret. 
 
 ■Without further explcmatiou or apology allow me now to 
 say to you that no i)iTson living can possibly feel a more 
 ardent desire for an end to be put to this unnatural and 
 inerciless war upon honorable and just terms than I do. 
 But I really do not see that it is in my power or yours, or that 
 of any number of persons in our position, to inaugnrate 
 any movement that will even tend to aid in bringing about 
 a result that we and so many mon; desire. 
 
 The movctaent by our Legislature at its last session, at 
 the suggestion of the Executive, on this subject, was by 
 authority properly constituted for such a purpose. Tha"t 
 movement, in my judgment, v/as tiimly, judicious, aud in 
 the right direction. Nor has it been witli'uut results. The 
 organization of that party at the North to wliieh you reler 
 may justly bo claimed as a part of the fruits of it. These, 
 it is to be hoped, will be followed by others of a more 
 marked character, if all in both sections who sincerely de- 
 sire peace upon correct terms will give that movement 
 thus inaugiu-atcd all the aid in their power. 
 
 The resolutions of the Georgia Legislature, at its last 
 session, upon the subject of peace, in my judgment, embo- 
 died and set forth very clearly those principles upon which 
 alone there can be permanent ])eace between the different 
 sections of this extensive, once happy and prosperous, but 
 now distracted country. 
 
 Easy and perfect solution to all present troubles, and 
 thcpse far more grievous ones which loom in prospect, and 
 portentously threaten in the coming future, is nothing more 
 than the simple recognition of the fundamental principle 
 and truth upon which all American constitutional liberty 
 is founded, and upon the maintenance of which alone it can 
 be preserved — that is, the sovereignty, the ultimate, abso- 
 lute sovereignty, of the States. This doctrine our Legis-* 
 lature announced to the people of the North and to the 
 world. It is the only key-note to peace — permanent, last- 
 ing peace — consistent vnih the security of the public lib- 
 erty. 
 
 The old Confederation was formed upon this principle. 
 The old Union was afterwards formed upon this principle. 
 No league can ever be formed or maintained between any 
 State, North or South, securing public liberty, upon any 
 other principle. The whole framework of American in- 
 stitutions, which in so short a time had won the admiration 
 of the world, and to which we were indebted for such an 
 unparalleled career of prosperity and happiness, was formed 
 upon this priuciple. ^11 our present troubles sprung from 
 a departure from this principle, from a violation of this 
 essential law of our political orgauization. 
 
 In 1776 our ancestors, and the ancestors of those who 
 are waging this unholy crusade against us, together pro- 
 claimed the great aud eternal truth lor the mainteuanceof 
 which they jointly pledged their lives, their fortunes, and 
 their sacred honor, that governments are instituted 
 amongst men, deriving their just powers from the consent 
 of tho governed, and that whenever any form of govern- 
 ment becomes destructive of those ends for which it was 
 fcunicil, it is the right of the people to alter or abolish it 
 and institute a new Government, laying its foundations on 
 such principles, and organizing its powers in such a form 
 as to lliem may seem most likely to effect their safety and 
 happiness. 
 
 It is needless here to state that by "people " and "gov- 
 erned," in this annunciation, is meant communities and 
 bodies of men capable of organizing and maintaining a 
 government, not individual members of society. The con- 
 sent of the governed refers to the Avill of the mass of the 
 community or State in its organized form, and expressed 
 through its legitimate and properly constituted organs. It 
 was upon this principle the Coloni.-ts stood justified before 
 the world in etiecling their srpar;ition from the mother 
 cimntry. It was upon this priuciple that the original thir- 
 teen co-equal and co-sovereign States formed the Federal 
 compact of the old Union in 17S7. It is upon the same 
 principle that the present co-equal and co-sovereign 
 States of our Confederacy formed their new compact of 
 Union. 
 
 The idea that the old Union or any Union between sov- 
 ereign States, consistently with this fundamental tnitlv can 
 be maintained by force is preposterous. This war springs 
 from an attempt to do this preposterous thing. Superior 
 power may compel a Union of some sort, but it would not 
 be the Union of the old Constitution or of our new. It 
 would bo that sort of Union that restilts from despotism. 
 
 The subjugation of tho people of the South by the peo- 
 ple of the North would necessarily involve the destruction 
 
APPENDIX. 
 
 431 
 
 of the ConstituMo*, and the overthrow of their liberties as 
 well as ours. The men or party at the North, to whom 
 jou refer, who favor peace, mudt bo brou^lit to a full re- 
 a'izntion of this truth in all its bearings before their etlbrts 
 will result in much practical good. Any peace growing out 
 ot a union of Stated established by force will be as ruinous 
 to thorn a> to us. 
 
 The action of the Chicago Convention, so far as its plat- 
 form of principles goes, presents, as I have said on another 
 occasion, a ray of light, which, under Providence, may 
 prove the dawn of day to this long and checrlifis night, 
 the first ray of light I have seen from the Nortli sinue the 
 war began. This cheers the heart, and towards it I could 
 almost exclaim, "Hail! holy lighc.oft'spring of Heaven, first 
 lorn of the eternal co-eternal beam. May I express thee 
 unblamed, since God is lijht." Indeed, 1 could have quite 
 so exclaimed, but for the sad reflection that whether it 
 shall bring healing in its beams or be lost in a dark and 
 ominous eclipse ere its good work be done, depends so much 
 upon the action of others who may not regard it and view 
 it as I do. So at best it is but a ray, a small and tremu- 
 lous ray, enough only to gladden the heart and quicken the 
 hope. 
 
 The prominent and leading idea of that Convention 
 seems to have been a desire to reach a peaceful adjustment 
 of our present difficulties and strife through the medium of 
 a convocation of the States. They propose to suspend hos- 
 tilities, to see what can be done, if any thing, by negotiations 
 of some sort. This U one step in the right direction. To 
 such a convention of the States I should have no objection, 
 as a peaceful conference and interchange of views between 
 equal and sovereign Powers, just as the Convention of 1787 
 was called and assembled. The proper constituted author- 
 ities at Washington and Richmond, the duly authorized 
 representatives of the two confederacies of States now 
 at war with each other, might give their assent to such a 
 proposition. Good might result from it. It would be an 
 iippeal on both sides. from the sword to reason and justice. 
 All wars which do not result in the extinction and exter- 
 mination on one side or the other must be ended sooner or 
 later by some sort of negotiation. 
 
 From the discussion or interchange of views in such a 
 Convention, the history as well as the true nature of our 
 institutions, and the relation of the States towards each 
 other and towards tho Federal head, would doubtless be 
 niucli liritiT understood generally tlian they now are; but 
 I sliiJuMl;iv(ir Midi a propu.sition only as a peaceful confer- 
 encr, us til'' (''in\' i'liuii <i| 1787 was. I should bo opposed 
 to li'in in;:; iln- .|ii'> tiou at issue to the absolute decision of 
 BUclialHi'ly. Iiil';;:iti's might be clothed witli jiowcrs to 
 consult and agree, if they could, upon some phin of ailjust- 
 ment, to be submitted for subsequent ratification liy tlii> 
 
 Bovereign States whom it affected, before it slionl.l I lili- 
 
 gatory or binding, and then binding only on sucli as should 
 so ratify it. It becomes the people of the South as well sis 
 the people of the North to be quite as watcliful and jealous 
 of their rights as their common ancestors were. The main- 
 tenance of liberty in all ages, times, and, countries, when 
 and whtre it has existed, has required not only constant 
 vigilance and jealousy, but it has often required the great- 
 est privations and sulferings and sacrifices that people of 
 States are ever subjected to. Through such an ordeal wo 
 are now passing. Through a lilve and even a severer ordeal 
 our ancestors passed in their struggle tor tho principles 
 which it has devolved upon us thus to defend and main- 
 tain. 
 
 But, great as our sufferings and sacrifices have been 
 and are, to which you allude, they are as yet far short 
 of the like suflerings and sacrifices which our fathers bore 
 Willi patience, counigo and Ibititu h- in the crisis tliat tried 
 men's souls in their day. Tlios.' are tin; virtues tliat sus- 
 tained them in tlieir iiour ot iieid. Tlirir illustrious and 
 glorious example bids us not to undcr-estimate tlie price- 
 less inheritance they achieved for us at such a cost of treasuro 
 and blood. Great as are the odds we are struggling against, 
 thoy are not greater than those against whicli they success- 
 fully struggled. In point of reverses our condition is not 
 to be compared with theirs. Should Mobile, Savannah, 
 Cliarleston, Augusta, Macon, Montgomery, and even Peters- 
 burg and Richmond tall, our condition would not then bo 
 worse or less hopeful than theirs was in the darkest hoiu- 
 that rested on their fortunes. Witli wisdom on tho part of 
 tliose who control our destiny in tlie Caljinet and in the 
 field, in husbanding and propciiy wieliliiig our resources at 
 their command, and in securin;j;"t]ii' hearts and affections of 
 the people in the great cause of liuht and liberty fur wliich 
 Me are Ktrugghng, wo could sullcr all their losses and ea- 
 laniilies, and greater even, and still triniuph in the end. 
 
 At present, however, I do not see, as I staled in tlie mit- 
 set, that you or I, or any number of personsiu our iio^ilicm, 
 c.in do anything towards inaugurating any new niov.ancnt 
 loolving toaiieaeoful solution of tho present strite. The war 
 on our part is tairly and entirely defensive in its character. 
 llow long it will continue to be thus wickedly and merci- 
 
 lessly wac(>' 
 North. (.' 
 has witli V 
 wliicli a J II 
 obtained, 
 lowed with 
 and I, and. 
 line at (Iii^ 
 
 insf 111 dpp"rid= upon the penpl" ff the 
 
 iml'l 
 
 'i,.-t- 
 
 ai I ;!li I ' I- .: ■ ;vinrllt We call an '■ l li j ■ : . , ' ' U'' 
 
 N I 1 : : i' lirlbre them thcs" i n i i ,^ ' ' ; ' n- 
 
 I'.pi - :,'!.'! !i.. which alone will !-■ . : i '- ■:. i ■ ■■■ i r- 
 nniiiiii 'ill i 1,1-iing peace, with jii' '■ -I n.i.i' ■,'■:.■!' i.t 
 of conbtitutiunal liberty. AVitli tin ,>■ ],ii'. ip!.- nnre re- 
 cognized, tho future would take c-ai.- ..r ii - li. and there 
 would be no more war so long as tiny sh- nil li'' adhered 
 to. All (iivni-.ns of iMinudaries, civ.ii'.MluiaLies, and union 
 or unions ■• hi - 'm ally and easily adjust themselves, 
 accordiii;.; i i! i ;. 's' of parties and the exigencies of 
 the time. li-i. la ilir true law of the balance of power 
 and tho hannuny ni Slates. 
 
 Yours, respectfully, 
 
 ALEXANDER H. STEPHENS. 
 
 50YCI 
 
 PEACE. 
 
 LETTER FKOM WILLIAM W. 
 , WiNSBORO, S. C, Sept. 29, 1864. 
 
 His Excellency Jepfehsox D.^vis : 
 
 SiK : The Democratic party of tho United States, in their 
 recent convention at Chicago, resolved that if they attained 
 power they would agree to an armistice and a convention 
 of all the States, to consider the subject of peace. 1 think 
 that action demands a favorable response from our Gov- 
 ernment. You are tho only person who can make that re- 
 sponse, because our Congress does not meet until after the 
 time appointed fjr the Presidential election. If our Con- 
 gress met in time I should propose the action 1 desu-o 
 taken to that body, and submit to its judgment my argu- 
 ment; but as that opportunity does not occur, I have no 
 alternative but to remain silent, or address myself to yon. 
 I cannot, consistently with my ideas of duty, remain silent. 
 I therefore address myself to you. We are waging war to 
 obtain a satisfactory peace. By a satisfactory peace, I meant 
 a peace consi-tciit with the preservation of uur free insti- 
 
 ; cunti'st, 
 whereby 
 m1^, their 
 
 li^arts a prey to tho furies. Sucli a peace as that would bo 
 but a hollow truce, in which each party would bo inces- 
 santly preparing for a new, final aad decisive struggle. 
 Tho peace which I mean is a peace which reconciles the 
 interests and the feelings of the belligerents ; a peace, in 
 short, which restores harmony. Unless we can obtain such 
 a peace as this, our republican institutions totter to their 
 fall, and we become the subjects of a military despotism. 
 Every government must exist; that is the law of its being. 
 If it is attacked by a great force it must bring a propor- 
 tionately great force to its defence. If its form is such as 
 not to furnish military strength to the full extent of its 
 means, it must disregard that form. Tho republican form, 
 especially the form of a Confederacy of free States, is not 
 
 tho best ; 
 ment. 1''. 
 tary di-] 
 into milii 
 Iiressurn ' 
 ted. ■ 
 
 ipteil for war. In fict, it 
 
 pe,i 
 
 ■pill 
 
 ostil dish- 
 
 must end in despotism. If wo turn our eyes to Jinrope wo 
 find only two nations with free institutions. Great Britain 
 and Switzerland. Why is this? Tho reason is obvious. 
 Till' mris.ily of being constantly in the highest state of 
 Jill paiiii. ill liirwar compels every country to the utmost 
 dr\. Iiipinrnt c.f its military strength. AV.s(dute govern- 
 
 ment is a iiart of that 
 absolute government is tli 
 were no other obstacle t' > i 
 mense standing: armies sin' 
 uiidrrarins wmldl.e can- 
 
 jir. 
 
 rati 
 
 I'f.ro 
 
 w;is necessary to give exclusive development to tin' military 
 idea; this Frederick did. Aa Macauluy said, ho made I'rus- 
 
432 
 
 APPENDIX. 
 
 Bia " all sting." This waa logical in Frederick. To save 
 Prussia it was necessary to give her the maximum of mili- 
 tary strength ; he did this. Prussia still has a place on tlie 
 map, but he made uo elTort to save liberty. Frederick 
 found Prussia an absolute monarchy ; he left it an en- 
 trenched camp. Liberty was never thought of. It is im- 
 possible in her condition. If Prussia, with her e.xcellent 
 population, were at a vast distance from where she is, and 
 protected by oceans and mountains, she might be a repub- 
 lic ; but where she is, it is iuipossiblo. On the continent of 
 Kurope no State can exist with free institutions, because 
 the form of government must he such as furnishes the 
 greatest amount of miUtury strength. Perhaps it may be 
 s:ud that Switzerland contraflicts my theory. I reply that 
 Switzerland is an exceptional case — a few nests of poor 
 people buried in remote vUuys, surrounded by inaccessible 
 mountains ; they are not worth conquering. Besides, the 
 mutual jealousy of the great powers is their real safeguard. 
 England is the only free and great power in Europe. This 
 is owing to her insular position. The ocean is tlie divine 
 charter of her freedom. If nothing but a surveyor's line 
 separated England from France, England would be a mili- 
 tary despotism as France is. No country can be free which 
 Las to sleep w^ith her hand on her sword. 
 
 But why resort to general reasoning and the condition of 
 European nations to prove what I have asserted, when the 
 proof stares us in the face in the example of our own coun- 
 try. We see it in every sight; we feel it in every emotion ; 
 we hear it in every sound. When our present Government 
 ■was established, everything possible was done in the inter- 
 est of State rights, every conceivable guarantee was taken 
 for individual freedom — as little as possible was conceded 
 to the Federal Government. The Federal Government was 
 " cabined, cribbed, confined," " hedged in by saucy doubts 
 and fears." The school of extreme State rights were at 
 work framing a Constitution for a Federal Government, 
 with the accumulated suspicions of seventy years. They 
 did their Avork well. The problem to be solved was the 
 framing of a Federal Government, with the minimum of 
 power to function. I tliought at the time it was useless 
 labor, because I conceived, in the humility of my judgment, 
 that the constitution of a country was that which its neces- 
 sities pointed out, and that you- could not iu advance say 
 what would be the necessities of a Confederacy exposed to 
 perpetual war with a neighboring power of superior force. 
 But the framers of our Constitution were not deterred by 
 any such considerations as these from their work. They 
 established their Confederacy, guarded and limited in the 
 interests of the rights of the separate Sfcxtes as much as 
 possible. Well, we have been at war not quite four years, 
 and what is the result? Is not our Federal Government iu 
 the exercise of every possible power of a national central 
 military despotism ? Suppose there were no States, only 
 l)rovinces, and unlimited power was conferred upon you 
 and CoKgress — what greater powers would you exercise 
 than you do now? Ilavo we not carried conscription to its 
 last limits ? Is not every man in the country between 
 17 and 50 subject to military authority? None are exempt 
 except upon considerations of public interest. Have we 
 not been compelled to lay direct taxes in the verj' teeth of 
 tlie theory of the Constitution? Ilave we not issued such 
 vast amounts of paper money as to unsettle all value? Have 
 we not compelled the holders of our paper money to fund 
 it, or lose one-third ? Have we not seized all the railroads? 
 Have we not destroyed railroads and built others ? Have 
 we not established a universal system of impressment of 
 property, at our own prices, iu our own money ? Have we 
 not establislied a Government monopoly of the exportations 
 of the great staples of the country ? Have we not forbid- 
 den the importation of luxuries? Have we not compelled 
 those wliom w<! permit to remain at home to execute bonds 
 to furuisb their products to us at our prices? Have we not 
 suspended the writot habeas corpus f Have we notintroduced 
 the passport system, which we used to think belonged to 
 the iron despotism of Europe ? In short, has not our Federal 
 Government done everything that a centralized military des- 
 potism could do? Indeed, if you were appointed Military 
 Dictator, what greater powers could you exercise than you 
 now do ? I allude to these tilings not to complain of them, but 
 to lament them. If you tell mo tliey are necessary, I reply 
 that is precisely my argument. My argument assumes and 
 requires that necessity. It is plain that our Government ex- 
 ercises the powers of a central despotism. I blame no one 
 for it. I am sure those who are at the head of the Govern- 
 ment would gladly have it otherwise ; but necessity com- 
 pels the course they have taken. But I shall be told, per- 
 haps, this necessity is limited to the war, and when peace 
 returns we will go back to our old state of liberty. That 
 depends upon the lund of peace. A peace without reconcili- 
 ation carries in his bosom the seeds of new wars. This armed 
 peace and its otfspring, war, would fasten upon us perma- 
 nently a central military despotism. It is common to bear it 
 6ai<l that tli i United States have gone into dcspotisu. If 
 60, then it is a very sad truth for us, for that would develop 
 
 their maximum military power, and wov<td, of course, neces- 
 sitate the same thing in the same way on our part. The 
 truth is, we are vitally interested in the ijreservation of free 
 institutions in the Northern States, because tlie people of 
 the United States will not only make their institutions, but 
 they will make ours. If they acquire their maximum mili- 
 tary strength by going into despotism, wo must do the same, 
 just as if they were to originate new and overpoworingly 
 destructive modes of warfare, we would have to resort to 
 the same or be overwhelmed. Some persons of intelligence 
 concede that the Northern people have gone into despotism, 
 but rtdicule the idea of such a calamity befalling us. To 
 such I would reply, we are but human beings, not gods, 
 and we are acted upon by necessity as other people. The 
 truth is, that tlie Government at Washington has not dared to 
 exercise power on the grand scale that our Government has. 
 The Lincoln Government has not ventured to resort to an 
 effective conscription ; it has not resorted to taxation as we 
 have; it has no tax in kind; it does not prohibit imports; 
 it does not monopolize the exports ; it does not rely on im- 
 pressments. It plays the tyrant, but it hesitates to seize 
 the sceptre. 
 
 I think I have established my proposition, that our Re- 
 publican institutions are lostunless wehaveapcace accom- 
 panied by harmony with the North. The great question for 
 us then is, how are we to obtain such a peace? 
 
 Before I consider this question, I would call your atten- 
 tion to this fact, that the peace wo are to make with the 
 North is to be made by us and the North alone. Tiiere is 
 no probability of any foreign intervention: by that I mean 
 any armed interference in our behalf. The peace between 
 the North and the South, when it comes, must come, then, 
 by the action of these parties alone. Foreign Powers will 
 not interfere. The question then is, how are theso bellig- 
 erent States, now so fiercely engaged, to obtain this peace 
 with reconciliation, which I have said is necessary to pre- 
 serve their Republican form of government ? It is a great 
 question. I now approach it. 
 
 I admit in the fir.st place that a successful military de- 
 fence is indispensable. Without that nothing can be anti- 
 cipated but utter ruin. But is this all ? I think not. There 
 is something over and above success in war. That is polit- 
 ical policy. If Mr. Lincoln remains in power, there is no 
 hope of accomplishing anything by political policy. Mr. 
 Lincoln is the exponent of the fanaticism and hatred of the 
 North. He holds power because he is the exponent of these 
 sentiments of his party ; in order to be master of others he 
 has to be their slave. He cannot be rational upon tho sub- 
 ject of slaver}', because ho represents madmen; ho cannot 
 exercise what Burke calls the truest political wisdom, mag- 
 nanimity, because he represents malignants. Besides, Mr. 
 Lincoln is committed by his past career to the most violent 
 course. If ho had been a statesman when he became Pres- 
 ident, he could, by a wise policy, have restored harmony. 
 But in that gi-eat crisis, when statesmanship could have 
 accomplished so much, he used no efforts to harmonize, 
 but 3-iolded himself up a mere instrument of tho foolish 
 mob, us if statesmanship came from below upwards. Mr. 
 Wm. H. Seward, by his speeches made in the winter of '(30, 
 showed that he comprehended the policy of conciliation, 
 but just at the moment when it became necessary to put 
 in force his fine maxims, he found no use for them. Mr. 
 Lincoln's mode of c.anying on the war, his emancipation 
 policy, the license he gave his armies to commit the great- 
 est outrages, shows that he relies on notliing but force. I 
 confess, therefore, I have no hope of Mr. Lincoln as a pa- 
 cificator. I should as soon have selected Charles IX to 
 pacify the Huguenots after the massacre of St. Bartholo- 
 mew. Bnt fortunately Mr. Lincoln and those he represents 
 are not all of the North. There is a powerful party there 
 which condemns his policy. That party is rational on the 
 subject of slavery. It represents whatever of amity or 
 conservatism is left at the North. This party proposes that 
 the war shall cease, at least temporarily, and that all the 
 States should meet in amicable council, to make peace if 
 possible. This is the most imposing demonstration in favor 
 of peace made at the North since the war broke out. I 
 think our only hope of a satisfactory peace, one consistent 
 with the preservation of free institutions, is in the suprem- 
 acy of tills party at some time or other. Our policy, there- 
 fore, is to give this party all the capital we can. You should, 
 therefore, at once, in my opinion, give tliis party all the en- 
 couragement possible, by declaring your willingness to an 
 armistice, and a convention of all tho States in their sov- 
 ereign capacity, to enter upon the subject of peace. The 
 theory upon which this party goes is, that we are willing 
 to cease hostilities, at least temporarily, and meet in coun- 
 cil to attain peace if possible. The theory upon which 3Ir. 
 Lincoln goes is, that there is no use to attempt any nego- 
 tiation with us ; that the sword is the only possible arbiter. 
 Our policy is to show that tho theory of the Chicago plat- 
 form is the true one. To put this matter iu anotlicr light, 
 let us ask the question, what is the policy that Mr. Lincoln 
 wishes us to pursue ? Of course he wishes us to verify hia 
 
APPENDIX. 
 
 433 
 
 theory and falsify the opposite theoiy. He wishes us to 
 treat the advances of the Chicago Convention with con- 
 tempt. He wishes to be able to say to tlie Nortliern 
 people, "see, the Government of Kichniond tramples upon 
 your tenders of peaceful negotiation; JlcClcUau could ac- 
 complish nothing by negotiation: war is all that is loft; 
 don't remove me, I am carrying that on with especial zeal." 
 When we know what Mr. Lincoln wants us to do, then we 
 know very cerUiiuly what he ought to do. 
 
 It may be said, the proposed convocation of the States is 
 unconstitutional. To this I reply, we can amend the Con- 
 stitution. It may be further objected that to meet tho 
 Northern States in conveution is to abandon onr present 
 form of Government. But this no more follows than that 
 their meeting us implies an abandonment of their form of 
 Government. A Congress of the States in their soverciga 
 capacity is tho highest acknowledgment of the principles 
 of State rights. This imposing assemblage is, in my 
 opinion, the best, while it is the most august tribunal to 
 which the great question of peace could possibly be re- 
 ferred. Imagine this grand council of States in tho act of 
 convening, after the people, everywhere iu peaceful posses- 
 sion of the right to elect their ambassadors, had done so. 
 \Vhat a sublime spectacle it would present ! There would 
 bo n> thing to compare with it in moral grandeur, in an- 
 cioit or modern times. The friends of humanity and pro- 
 gress and civilization, and all Christians in every land, 
 would rejoice at the spectacle, and millions in every clime, 
 the good everywhere, would mingle their prayers in all 
 tongues for an auspicious issue to these great deliberations. 
 The question rests with you ; the responsibility is with you ; 
 the consequences will be with your country. You and Mr. 
 Lincoln can never make peace. You may traverse indefli- 
 uitely the same bloody circles you have been moving in for 
 the last four years, but you will never approach any nearer 
 than you now are. Your only hope of peace is in the as- 
 cendancy of tho conservative party North. Fortify that 
 party if you can by victories, but do not neglect diplomacy. 
 It was the boast of Philip, the great king, that he gained 
 more cities by his policy than by his arms. A weak power, 
 engaged with a stronger, must make up in sagacity for 
 what it lacks in physical force, otherwise the monuments 
 of its glory become the tomb of its nationality. 
 
 With sentiments of the highest respect, I remain your 
 fellow-citizen, 
 
 WILLIAM W. BOYCE. 
 lETTEE FROM HERSCHEL V. JOHNSON ON PEACE. 
 
 Sandy Grove, near Bartow P. 0., Ga., Sept. 25, 1864. 
 
 Gentlemen : Your letter of the 14th inst. was received 
 several days ago. I have taken time to consider the object 
 which it proposes — '• the inauguration of a peace movement 
 at the South." I long for peace as ardently as " the hart 
 Ijants for the cooling water brook." I agree with you, that 
 "this unnatural strife cannot be terminated by arms." 
 
 To this end, we should lose no occiision, nor omit any 
 proper means to convince the North that we are still, as we 
 always have been, willing to adjust the difficulties between 
 na, upon honorable terms. We have avowed our desire for 
 peace and readiness for negotiation from the very beginn- 
 ing of the war, in every form in which organized communities 
 can give expression to their will. We have avow-ed it in 
 executive messages, in legislative resolves and congressional 
 manifestoes. 
 
 Wliat more can we do, in view of our situation ? Gladly 
 would I do more, if it were possible. But I do not believe 
 that it is. We can inaugurate no movement that would 
 lead to the result so earnestly desired by every friend of 
 humanity, and so urgently demanded by the interests of 
 both sections. Our military situation w )uld seem to for- 
 bid even the attempt. The capture of Atlanta and Rich- 
 mond is regarded by the authorities of the United States 
 as all that is necessary for our ultimate subjugation. They 
 have captured Atlanta, and General Grant says the early 
 capture of Richmond is certain, beyond a doubt. 
 
 What, under the circumstances, would be the prohable 
 effect of any peace movement at the South? Would it 
 conciliate the North ? Would it inspire the Government of 
 the United States with a sense of justice, or forbearance, or 
 magnanimity? So far from this, it would be construed 
 iuto intimidation on our part, and it would stimulate and 
 intensify the war spirit of the North. It would be regarded 
 a.s our confession of overthrow, and the premonitory symp- 
 tom of our readiness to sue for mercy on the bended knees 
 of unconiUtional surrender. 
 
 In view of the avowed object of the war on the part of 
 the Northern Government, it is very certain that there 
 can be no peace, upon any honorable "terms, so long as its 
 present rulers are in power. The President of tlie United 
 States has proclaimed emancipation, and his determina- 
 tion to enforce it by the sword. He has announced, in 
 advance of any Ibrmal otlcr of negotiation on our part, that 
 he will not treat with rebels, (as he is pleased to call the 
 people of the Confederate States,) except upon the con- 
 28 
 
 dition that we lay down otir arms, abandon slavery, and 
 return to the Union. He will then grant such terms aa 
 may be compatible with his sense of justice, liberality, 
 and magnanimity. So long, therefore, as its present rulers 
 are in power, and this policy shall bo adiiered to, there 
 can be no peace between us and the Governmorit of the 
 United States which will not bring upon us confiscation, 
 social disorganization, poverty, degradation, and intolerable 
 dishonor. What worse would be our doom if subjugated 
 by military power? Subjugation is no worse than the sub- 
 mission otfered to us as the only condition of peace. It 
 would at least save to us our honor. 
 
 We must have negotiations which will not compromise 
 our status in any way; which will not affect our national 
 honor, or the rights of States. Peace upon any other terms 
 involves the loss of liberty, because it will be the result of 
 force — not of choice and compact between co-equal and 
 sovereign States. Peace upon any other terms means des- 
 potism enthroned in ciiij'in — lint li'ipublicani.^m founded 
 upon "tho consent of th- i \ mi i, iml organized -'in such 
 forms as to them shall in i : l.ly to effect their safe- 
 
 ty and happiness." Till i- lii Kii.l of jjeace which tho 
 Unitetd States now propu.~o lu iiuuino upon the people of 
 the Confederate States — the peace of death to constitution- 
 al liberty — the stagnant [leace of despotism — tho peace 
 which chains and prison bars impose. 
 
 I look with anxiety to tho approaching Presidential elec- 
 tion in the United States. For, although the Chicago plat- 
 Ibrm falls below the great occasion, and the nominee still 
 lower, yet the triumph of the Dniiucratio party of the 
 North will certainly secure a l. mi i . ii i' u ion of hos- 
 tilities and an efibrt to make p | il to reason. 
 They confess that four years .i : \ . . i- a means of 
 restoring the Union, has prov n n t;'i m Tlioy declare 
 that the true principles of American (Icivernmcnt have 
 been disregarded and trampled under foot by tho present 
 E.Yecutive of the United States. Their success will bring a 
 change of Administration, and, with that, a change of policy. 
 It will do more, and what is of infinitely greater import- 
 ance, it will bring the two contending parties face to face, 
 in the arena of reason and consultation. Then and there 
 can be discussed the history of all our difficulties, the prin- 
 ciples involved in tho bloody issue, and the resp'^i-tivo in- 
 terests of both Governments. Such is my convictiun of the 
 omnipotence of truth and right, that I feel an abiding con- 
 fidence that an honorable peace would ultimately spring 
 from such deliberations. 
 
 In their long-cherished devotion to the Union of the 
 States — a sentiment which challenges my ro.spect — the 
 people of the North, it seems to me, have I'allen iuto two 
 grave and capital errors. On the one huml. Ih. y iittach an 
 undue importance to the mere fact or luriii vi Union, ig- 
 noring the principles and objects of tho Union, and forget- 
 ting that it ceases to be valuable when it failj to secure that 
 object and maintain those principles. On the other hand, 
 they think that the States of tho Confederacy have sep:vr- 
 ated from the United States iu contempt of that Union, in 
 a wanton disposition to insult its flag and to destroy the 
 Government of which it is the emblem. Both opinions are 
 wrong. The old Union was an organization of states. But 
 it was more ; it was such an organization, founded upon 
 great princijjles, in order to give the most etlicieut sjcurity 
 lor the maintenance of those very same principles. 
 
 These principles are the sovereigiily of the States — the 
 right of the people to govern till ill ;\ -; i! . liglitof each 
 Statetoregulateitsowndomesii I , i iMishitsown 
 municipal institutions, to orga 111 ■ f i tiin of labor, 
 and to pursue its own career 111 Mi ,; , iiiiect to no re- 
 strictions except such as are ex;; I F>'deral Con- 
 stitution. On these the Uniuii a i i 1 constituted 
 the solemn guarantee of all, t hill < -. h.uld bo pro- 
 tected iu their undisturbed enjn win in . \viiiii it failed to 
 do this, or, what is worse, when its Guvernment passed 
 into tho administration of those whose avowed policy and 
 measures must lead to the overthrow of those principles, it 
 was virtually at an end, and, in their opinion, ceased to be 
 valuable to the people of the Confederate States. Hence, 
 secession was not resorted to merely to throw off the Union. 
 
 Our people loved the Union and liouored its once glorious 
 flag for the rich memories that clustered around it. They 
 left it with a reluctance and regret to which history will 
 scarcely do justice. They were, as they are now, wedded to 
 the principles on which the Union was founded ; they sep- 
 arated from it but to vindicate and maintain them. Whether 
 they acted wisely or unwisely must bo left to tho imperial 
 arbitrament of time and coming events. But no people 
 were ever prompted to so momentous a step by loftier de- 
 votion to ^o^^•utuIion,!l UIh i ty. For this we are denounced 
 asrebel> ii-:imi ! ili.' ( ; .v ruiuVnt of tlio United States, and 
 throatiiHil with i\f i.:.i. Wy .Inomof traitors; our country 
 is invaded, our Imiui's ileM'.lated, and our people slain by 
 hostile armies. 
 
 This is the naked truth. When thus viewed, how cruel 
 and unuatiural is this war I Why should the North fight us ? 
 
434 
 
 APPENDIX. 
 
 Especially why fchould the thousands of professed constitu- 
 tional un'U at the North leud'tiieir cuuiitenunce and aid 
 to our subJuKation? Wo are struggling (or pri'iciples wliich 
 should be'as deal- to them as thej" are to us. Do they not 
 see tliat our overthrow will be the downfall of constitu- 
 tional ffberty — fatal to their freedom as well as ours — tlie 
 inauguratiou of an irresponsible and unlimited despotism? 
 Correct ideas are slow in the progress of leavening the 
 mass of mind; truth is ever trampled upon when passion 
 gains sway. But the ultimate prevalence of the one and 
 the ascendancy of tlio other is only a question of time, and 
 their end, peace. 
 
 The light already begins to break in upon the think- 
 ing and better portion of the Northern people. They 
 begin to see that this war is not waged to restore the 
 Union in good faith— the Union of the Constitution ; but 
 either to secure disunion, by avowing impossible and 
 degrading terms of peace, or to convert it into a despotism 
 by subjugating tho South. Hence the Chicago movement. 
 Hence the note of discontent that is being sounded by a 
 portion of the press and statesmen of the North. Cfod 
 opened the light, that the people of the North may under- 
 stand the position which we occupy, and discern tho volcano 
 that threatens to engulph their liberty. Then they will 
 consider negotiation not only politict'Jly but absolutely 
 necessary. Then peace will come, prcdiaated upon those 
 principles so essential to both Governments, and all our 
 strifes and difficulties solved in conlbrmity to tlie best in- 
 terests of tho parties. 
 
 In view of our position, permit me to repeat, I do not see 
 how we can inaugurate any movement likely to lead to an 
 honorable peace. We are Uie party assailed. Peace move- 
 ments uiu.-t c. me fium the assailing party. I would not 
 be understood, however, as standing on any point of 
 etiquette as to who should take the initiative — I have no 
 such feeling. AU I mean to say is, that in view of the 
 avowed policy of the United States Government, any ad- 
 vance on our part is already rejected before made, and 
 that we cannot make any upon the conditions announced 
 by its President. 1 would not hesitate to take the initia- 
 tive if there was the least hope of a lavorable response or 
 an honorable result, lint if the Government of the United 
 States should pass into other liiuids, repudiate the policy of 
 subjugation, and indicate u de.-ire for uegoti.ition, i would, 
 if need be, have our Goveniuieut propose it — certainly 
 accept tho olVer of it, if tendered by tho I'ederal authori- 
 ties. 
 
 Such I believe to be the spirit and temper of our people. 
 Such I am satisfied is the sentiment of the President 
 of the Confederate States. Ho has avowed it on every 
 occasion which required him to allude to the subject. 
 The North can have peace at any moment. AU that they 
 need to do is to let us alone — cease to fight vis ; or, if they 
 prefer, agree to negotiate a peace on terms honorable to 
 both parties. We are willing, always have been willing, 
 and shidl continue to bo willing. But as long as they fight 
 us the war must continue. For what can we do but defend ? 
 We have no power to stop their fighting short of uncondi- 
 tional submission to the terms announced by the President 
 of the United States. 
 
 Are our people prepared for peace upon those terms? It 
 is au insult to ask tho question, unless, indeed, we sup- 
 pose, contrary to the whole history of our struggle, that 
 they did not count the cost in the beginning, and have no 
 just appreciation of the mighty principles involved. The 
 President of the Confederate States never uttered anything 
 more true than when he said to the unofficial messenger of 
 President Lincoln that " we are not fighting for slavery, but 
 for the right of self-government." 
 
 So long as the people will keep this great truth in view 
 and obey the inspiration which it should kindle in tho 
 breasts of freemen, they cannot be conquered. They may 
 have their land desolated, their property destroyed, their 
 towns and cities burned and sacked, but subjugated they 
 never can be. Wo cannot have peace so long as the pre- 
 sent rulers of tlie United States are in power. AVe may 
 not even if tho Chicago movement should be successful. 
 But let us wait and hope for the change and for peace. If 
 it come not, then wo must rely upon the omnipotence of 
 truth an.l ]i;;lit, and the judicious economy and use of the 
 means whiili i.iud has given us. Patience, fortitude, cour- 
 age, hoiie, ;ind r.iitli are as much elements of heroic patri- 
 otism as I hey are of Christian perfection. 
 
 It i-i imlisijeiisable to cherish them with untiring devo- 
 tion, and as tho only condition on which liberty can be 
 gained or preserved. Her christening, from the beginning, 
 was the baptism of blood. She requires her votaries to 
 lock arms and shields around her altar, resolved to die 
 freemen rather than live slaves. If this be tho spirit of the 
 people, ultimate success will be tlie reward for their sulTer- 
 ings and sacrifices, lor their encom-agement history is 
 reideto with examples, of wliich none is more strildng or 
 more inspiring than that of the revolution of 1776. Then 
 
 let there be no despondency, no relaxation of effort and 
 energy, no abate nent of courage and heroic resolve. 
 I am, very respectfully, your obedient servant, 
 
 HErvSCUKL V. JOHNSON. 
 
 Letters from Lieut. Gen. Grant. 
 
 Memphis, Tenn., August 26, 1863. 
 
 Gentlemen: I received a copy of tho resolutions passed 
 by the " loyal citizens of Memphis, at a meeting held at the 
 rooms of tho Chamber of Commerce, August 25, 1863," 
 tiMidering me a public reception. 
 
 In accepting this testimonial, which I do at a great sac- 
 rifice of my personal feelings, I simply desire to pay a 
 tribute to the first public exliibiiion in Memjjhis of loyalty 
 to the Government which I represent in the Department of 
 the Tennessee. I should dislike to refuse, for considera- 
 tions of personal convenience, to acknowledge, anywhere or 
 iu any form, the existence of sentiments which I have bo 
 long and so ardently desired to see manifested in this De- 
 partment. The stability of this Government and the unity 
 of this nation depend solely on the cordial support and the 
 earnest loyalty of the people. AVhile, therefore, I thank 
 you sincerely for the kind expressions you have used toward 
 myself, I am profoundly gratified at tliLs public recognition, 
 in the city of Memphis, of the power and authority of the 
 Government of the United States. 
 
 I thank you, too, in the name «f the noble army which 
 I have the honor to command. It is composed of men 
 whose loyalty is proved by their deeds of heroism and 
 their willing sacrifices of life and health. They will rejoice 
 with me tliat the miserable adherents of the rebellion, 
 whom their bayonets have driven from this fair land, are 
 being replaced by men who acknowledge htiman liberty as 
 the only true foundation of human government. Mayyom- 
 efforts to restore your city to tho cause of the Union be as 
 successful as has been theirs to reclaim it from tho despotic 
 rule of the leaders of the rebellion. 
 
 I have the honor to be, gentlemen, your very obedient 
 servant, • U. S. GP^ANT, 
 
 Mjjor General. 
 To Blessrs. R. Hodgh, and others, Committee, Memphis. 
 
 The following is an extract of a letter from 
 Lieut. Gen. Grant, dated, 
 
 Headquaeters Armies op the United States, 
 City Point, Va.,^«v7. 16,1864. 
 Hon. E. B. Washburne: 
 
 Dear Sir: I sta'e to all citizens who visit me that all we 
 want now to ensure an early restoration of the Union is a 
 determined unity of sentiment North. The Kebels have 
 now in their ranks their last man. The little boys and old 
 men are guarding prisoners, guarding rpilroad bridges, and 
 forming a good part of their garrisons for entrenched 
 positions. 
 
 A man lost by them cannot be replaced. They have 
 robbed alike the cradle and the grave to get their present 
 force. Besides what they lose in fi ecpient skirmishes and 
 battles, they are now losing, from desertions and other 
 causes, at leastoue regiment per day. With this drain upon 
 them tho end is not far distant if we will only be true to 
 ourselves. Their only hope now is in a divided North. 
 This might give them re-enforcements from Tennessee, 
 Kentucky, Maryland and Missouri, while it would weaken 
 us. With the draft quie'ly enforced, the enemy would 
 become despondent and would make but little resistance. 
 
 I have no d(mbt but the enemy are exceedingly anxious 
 to hold out untilafter the Pi-esidential election. They have 
 many hopes from its efff>cis. They hope a counter revolu- 
 tion ; they hope the election of a Peacn candidate ; in fact, 
 like Micawher, they hope for something to turn r.p. 
 
 Oar peace friends, if they expect peace from separation, 
 are much mistaken. It would be but the beginning of war, 
 with thousands of Northern men joining the South because 
 of our disgrace in allowing separation. To have '■ peace 
 on any terms," the South would demand the restoration of 
 their slaves already freed. They would demand indemnity 
 for losses sustained, and they would demand a treaty 
 which wouM make the North slave hunters for the South. 
 They would demand pay or the restoration of every slave 
 escaping to the North. 
 
 Yours truly, U. S. GRANT. 
 
 Grant and Sherman on the Draft. 
 
 City Point, September 13, 10.30 A. M. 
 Hon. Edwin M. St.inton, .Vecre^ury o/ War: 
 
 We ought to have tho whole number of men called for 
 by the Presidisnt in tho shortest possible time. Irompt 
 action in filling our armies will have more effect upon the 
 enemy than a victcjry over them. They profe.«s to believe, 
 and make their men believe, there is such a party North 
 
APPENDIX. 
 
 435 
 
 In favor of recognizing Sonthern independence that the 
 draft cannot be enforced. L"t them bo iindcet^ived. De- 
 serlers lonie into our lines diiily, who t«-ll us th;it tlie men 
 are nearly uni'Pi silly tired nf the war, and that desertions 
 would bo much more frequent, but thnt they believe 
 peace will be negotiated after tlie fall election. 
 
 Tho enforcement of the draft and prompt filling up of 
 our armies will save the sheddiug of blood to an immense 
 degree. U. S. (Hl.\NT. 
 
 Lieutenant General. 
 
 ATL4NTA, Ga., September 13, 6. CO A. M. 
 Hon. Edwin M. Stanton, Secretary of War: 
 
 lam very glad to hear the draft will be enforced. Firft 
 we need the men; and secondly, they come as privates to 
 fill up our old and tried regiments, with their experienced 
 officers nlri-ady on hand; and thirdly, because the enforce- 
 ment of the law will manifest a power resident in our 
 Government equal to the occasion. 
 
 Our Government, though a democracy, should, in times 
 of trouble and danger, be able to wield the power of a 
 g^eat nation. 
 
 All is well here. W. T. SHERMAN, 
 
 Major General. 
 
 Unpublished Letters from General 
 Jackson. 
 
 The following letters of President Andrew 
 Jackson, whieii have never before been pub- 
 lished, have been handed to us by the gentleman 
 to whom they were written. They contain 
 sentiments and advice which we recommend 
 to all who love the Union now. — N. Y. Post. 
 Washington, November 2, 1S32. 
 
 My Dear Sm: I have just received your letter of the 
 3l8t ultimo, with the enclosure, for which I thank j'ou. 
 
 I am well advised of the views and proceedings of the 
 great leading; nullifiers of the South in my native State, 
 ^S. G.,) and weep for its fate, and over the delusion into 
 which the people are led by the wickedness, ambition, and 
 folly of their leaders. 1 have no doubt of the intention of 
 their leaders, first to alarm th^ other States to submit to 
 their views rather than a dis;iolution of the Union should 
 take place. If they fill in this, to cover their own disgrace 
 and wickedness, to uuUify the tariff, and secede Irom the 
 Union. 
 
 We are wide awake here. The Union will be preserved, 
 rest assured nf this. There has been too much blood and 
 treasure shed lo obtain it, to let it be surrendered without 
 a stru-'gle. Our liberty and that of the whole world rests 
 upon it, as well as the peace, prosperity, and happi- 
 ness of these United States. It must be perpetuated. I 
 have no lime to say more. My health is good, improve I 
 by the travel With a tender of my kind salutations to 
 you and your amiable family, I am, sincerely your friend, 
 ANDKEW JACKtON. 
 
 Col. J. A. HAMttTON. 
 
 Washington, December 6, 1832. 
 
 Mr Bear Sir : Yours of the od instant is just received. 
 I accord with you fully in the propriety of the people giv- 
 ing fully and freely their sentiment and opinions on nulli- 
 fication, and the course pursued by South Carolina in her 
 late proceedings. 
 
 The ordinance passed, when taken in connection with 
 the Governors Message, is rebellion and war against the 
 Union. The raising of troops under them to resist the 
 laws of the Unit d States is absolute treason The crisis 
 must be, and as fiir as my constitutional and legal powers 
 go will be, met with energy and firmness. Therefore the 
 propriety of the public voice being heard, and it ought now 
 to be spoUen in a voice of thunder that will make the 
 leaders of the nullifiers tremble, and which will cause the 
 good citizens ol South Carolma to retrace their steps and 
 adhere to that Constitution of perpetual Union they have 
 Bworn to support. This treasonable procedure against 
 the Union is a blow against not only our liberties, but the 
 liberties of the world. 
 
 This nullifying movement in the South has done us great 
 injury abroad, and must not only be promptly met and put 
 down, hut frowned down by public opinion. It is therefore 
 highly proper for the people to speak all over the Union. 
 
 lam preparing aproclamation to the peopleof the South, 
 and as soon as olficially advised of these rebellious proceed- 
 ings, will make a communication to Congress I can say no 
 more, as I .am surrounded at present, and bid vou, for the 
 present, adieu. ANDREW JACKSON. 
 
 Uol. J. A. Hamilton. 
 
 Constitutional Convention. 
 
 To complete the record on pages G2, t;4, C9, 70, 
 and 294, these proceedings should be inserted: 
 
 FIRST SESSION TUIUTY-SEVENTII CONGRESS. 
 
 1861, August 5 — Pending the Engineer bill 
 in the Senate, 
 
 Mr. Johnson, of Missouri, oflFered this sec- 
 tion: 
 
 That this Congress recommend to the Governors of tho 
 several States to convene then- Legislatures, for the purpose 
 of calling an election to select two delegates from each Con- 
 gressional District, to meet in general convention, in Louis- 
 ville, in Kentuckj', on the first Monday in September next; 
 the purpose of the said convention to be to devise measures 
 for the restoration of peace to our country. 
 
 Which was rejected — yeas 9, najs 29, as fol- 
 lows : 
 
 Yeas — Messrs. Bayard, Drecldnridge, Bright, Johnson of 
 Missouri, Latham, Pearce, Polk, Powell, Saulsbury — 9. 
 
 N.\TS — Blessrs. Baker, Drowning, C'arUlc, Chandler, Clark, 
 Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, 
 Grimes, Harris, PIowo, King, Lane of Indiana, Lane of Kan- 
 sas, McDougall, Morrill, Rice, Sherman, Sumner, Ten Eyck, 
 Trumbull, Wade, Wilkinson, Wilmot, Wilson — 29. 
 
 The Reconstruction of States. 
 
 LOUISIANA. 
 
 MESSAGE OF GOVERNOR HAHN. 
 
 The newly-elected Legislature of Louisiana 
 met October 3, 1864, and the Senate was or- 
 ganized by the election of John E. Xeellis as 
 Secretary, and John T. Wood as Sergeant-at- 
 Arms. 
 
 The House of Eepresentatives elected the 
 following officers: Speaker, S. Belden; Secre- 
 tary, n. C. Westerfield ; Sergeaat-at-Arms, M. 
 DeCoursey. 
 
 On the 6th, Governor Hahn delivered his mes- 
 sage, from which we make the following ex- 
 iracts : 
 
 The unsettled condition of tho country, tlie ab^tnco or 
 destruction of most of the public archives and varions 
 otber causes, have conspired to throw much difficulty in tho 
 way of a full organization of a State Government. Tho 
 want of a Legislature, and Jthe sudden uprooting of many 
 important, yet unwi.se and 'illiberal laws and institutions, 
 by military orders, rendered it extremely difficult, if not 
 impossible, for the ILxecutive of the State to perform bis 
 duties satisfactorily and understandingly to the public, or 
 to properly reconcile and harmonize the various conflicting 
 rules of government and interests of the State. I was 
 somewhat aided in this dilemma by the President of the 
 United State.', who, shortly after my inauguration, in- 
 vested me, without any solicitation or suggestion on my 
 part, "with the powers exercised hitherto by the Military 
 Governor of Louisiana." Fortunately, tho harmony which 
 has characterized the intercourse of the military and civil 
 authorities of this t-tate has rendered the exercise of any 
 such powers by me almost unnecessary. The principal sub- 
 ject upon which I have used these powers are, the appoint- 
 ment of public officers, tho paymeiit of money from tho 
 State Treasury for just and pressing purposes, and after 
 recommendation from proper officers, and the exercise of 
 executive clemency. As I said in my inaugural address, 
 •' for the moment civil government must necessarily har- 
 monize with military administration ;" and, while we re- 
 cognize the paramount authority of the military power, 
 we should not forget that it desires to surrender as speedily 
 as possible the power to the people. The very objoct of 
 the army of tho United States in remaining here is to 
 maintain Louisiana and the neighboring States in the 
 Union; and the only w.iy of doing this is to disperse and 
 overthrow those who pretend to set up a rebel government, 
 and to guarantee to the loyal a republican form of State 
 government. 
 
 Tho great duty of the Legislature will be to provide a 
 system of laws applicable to the new condition of things 
 consetiuent upon the attempt to overthrow the Govern- 
 ment. The obliteration of an interest so extended as that 
 of slavery necessarily makes great changes in the eventa, 
 opinions and busioe-s of tho piO[ile; and the highest pos- 
 sible wisdom is reijuired to adapt the State to its new con- 
 
436 
 
 APPENDIX. 
 
 dition. The chnngo from servile to compensated labor re- 
 quires careful, lilieral and humane legislation, in order to 
 secure the rights of those people who have not been ac- 
 customed to provide for and protect themselves. Inasmuch 
 as Louisiaua is the first State that makes this change upon 
 an extended scale, so it ought to he the first to establish a 
 form of goverjimont which Hhallmect all the exigencies of 
 the case, securing to the public the products upon which 
 the wealth of the State and people depend, and to laborers 
 their full rights. ****;.: 
 
 Counsel should be taken and suggestions invited from in- 
 telligent people of all parts of the world upon this subject, 
 and sucli system establiphod as will, while it will meet our 
 wants, furnish a model for the legislation of other States. 
 It need not be executed in a hurry; the subject is of the 
 highest poi-sible importance, and should be dealt with in a 
 spirit of enlightened liberality and humanity. The as- 
 sistance of the military authorities furnishes an immediate 
 government, but another system must he estahli.shed ulti- 
 mately, and the people cannot begin too soon to prepare. 
 * * * * * * * 
 
 According to law, the election of Presidential electors is 
 to take place in November. I know of no reason why Lou- 
 ,isiana should not participate in that election on a footing 
 •with the other States. She has forfeited her rights under 
 no Constitutional provision or Congressional statute. She 
 has instituted civil rule, and has a loyal State Uovernmont, 
 embracing executive, legislative, and judicial branches ; all 
 of whicfi are in effective operation. In the attributes of 
 State government, she stands the peer of the loyal States 
 whose soil has never been trodden by the foot of rebellion, 
 has suffered by the rebellion, and the temporary rule of the 
 rebel Confederacy is her misfortune ; but so far as the laws 
 at present stand, it is no abridgement of the rights of her 
 loyal citizens. * ^s * * 
 
 Although the new Constitution has fixed the term of tte 
 State officers at four years, it has wisely provided that the 
 term of those now in office (who were elected at a time 
 when many parishes could not participate in the election) 
 shall expire at an early day, in case of the restoration of 
 peace in the whole State; and it is made my duty, as soon 
 as an election can bo held "in every parish of the State," 
 to dechire the fact and order a now election. I need hardly 
 tell you that I shall have real pleasure when this event 
 shall be at hand. While I liave the best reasons for be- 
 lieving that tho rebellion is now almost extinct in every 
 portion of the State, and that only scattered fragments 
 smoulder In in.significant proportions at different points, 
 tlie timo so anxiously desirtd by mo to deliver my trust has 
 not yet come. Lot us hope that it may Jiot be delayed 
 many mouths. We have good grounds for believing that 
 circumstances will soon have completely changed, so that 
 every parish will have returned to its "duty, iissisted and 
 protei;ted l>y tho national power, and the whole people will 
 exercise their right to elect State officers. 
 
 LOUISIANA UNITED STATES SENATORS. 
 The free State Legislature of Louisiana has chosen Charles 
 Smith, of the parish of St. JMary's, a United States Senator, 
 vice Judah P. Benjamin, whose timo expires with tho en- 
 suing session, and R. K. Cutler, to fill, for the three ensuing 
 years, the seat which was left vacant by John Slidell. Mn 
 Smith is a carpenter by trade, lie has been Sheriff of, and 
 is now the State Senator from, his own parish. Mr. Cutler 
 is a leading lawyer of New Orleans, and has filled several 
 important posts in tho parish of Jefferson, lie was a pro- 
 miueul member of the Constitutional Convention. 
 
 tennIssee. 
 
 1862, March 3 — Andrew John.son was ap- 
 pointed Military Governor of Tennessee. For 
 form of appointment, see page 179. 
 
 1803, September 19 — The President gave 
 him this further direction: 
 Hon. Andrew Johnson, Military Governor of Tennessee: 
 
 You are hereby authorized to exorcise such powers as 
 may bo necessary and proper to enable the loyal people of 
 Tennessee to present such a republican form of State gov- 
 ernment as will entitle the State to the guarantee of the 
 United States therefor, and to be protected, under such State 
 government, by the United States, against invasion and 
 domestic violence. All according to the 4th section of the 
 4th article of tho Constitution of the United States. 
 
 ABRAHAM LINCOLN. 
 
 1864, September 30 — Gov. Johnson issued a 
 proclamation, ordering an election in Tennes- 
 eee for electors for President and Vice Presi- 
 dent, uuder certain regulations and restrictions, 
 as follows: 
 
 PROCLAMATION BY THE GOVERNOR. 
 
 State op Tennessee, Executive Departkeut, 
 Nashville, Tenn, Sept. c.0, ISCi. 
 Whereas, a respectable portion of the loyal people of 
 Tennessee, representing a largo number of tho counties of 
 the State, and supposed to reflect the will of tho Union 
 men in their respective counties, recently held a convention 
 in the city of Nashville, in which, among other things 
 touching tha reorganization of the State, thoy with great 
 unanimity adopted the following resolutions ; 
 
 2. Resolved, That the people of Tennessee who are now 
 and have been attached to tho National Union do hold an 
 election for President and Vice President in the ensuing 
 election in November. 
 
 3. Jiesolved, That the electors shall be the following and 
 noothers; the same beinglree white men, twenty-one yearsof 
 age, citizens of the United States, and for six months pre- 
 vious to the election citizens of the State of Tennessee : 
 
 1st. All who have voluntarily borno arms in the service 
 of tho United States during the present war, and who are 
 either in the service or have been honorably discharged. 
 
 2. All the known active friends of the Government of the 
 Unitetl States in each county. 
 
 4. Resolved, That the citizen electors designated in the 
 foregoing resolutions shall, at least fifteen days bel'ore the 
 slection, register their names with an agent to be appointed 
 for that purpose, and no citizen not thus registered shall 
 be allowed to vote. Such registration shall be open to the 
 public lor inspection, and to be executed according to such 
 regulations as may hereafter be prescribed : Provided, that 
 the officers of election, in the discharge of their duty, may 
 reject any party so registered on proof of disloyalty. 
 
 6. Resolved, That, as means for ascertaining tho qualifi- 
 cations of the voters, the registrars and officers holding the 
 election may examine the parties on oath touching any 
 matter of fact. And each voter, before depositing his vote 
 shall be required to take and subscribe the following oath, 
 viz : 
 
 I solemnly swear that I will henceforth support the 
 Constitution of the United States, and defend it against the 
 assaults of all enemies ; that I am an active friend of the 
 Government of the United States, and the enemy of the 
 so-called Confederate States; that I ardently desire the 
 suppression of the present rebellion against the Govern- 
 ment of the United States ; that I sincerely rejoice in the 
 triumph of tho armies and navies of the United States, 
 and in the defeat and overthrow of the armies, navies, and 
 of all armed combinations in the interest of the so-called 
 Confederate States ; that I will cordially oppose all armis- 
 tices or negotiations for peace with rebels in arms, until 
 the Constitution of the United States, and all laws and pro- 
 clamations made in pursuance thereof, shall be established 
 over all the people of every State and Territory embraced 
 within the National Union, and that I will heartily aid and 
 assist the loyal people in whatever measures may bo adopt- 
 ed for the attainment of these ends ; and further, that I 
 take this oath freely and voluntarily, and without mental 
 reservation. So help me God. 
 
 Said oath being prima facie evidence, subject to he dis- 
 approved by other testimony. 
 
 6. Resolved, That the polls be opened at the county seat, 
 or some other suitable place in each county, and the ballot- 
 box be so guarded and protected as to secure to electors a 
 free, fair, and impartial election, and that polls also bo 
 opened for the convenience of the soldiers, at such places 
 as may be accessible to them. 
 
 And whereas, it further appears from the proceedings of 
 said Convention, "That the Military Governor of the State 
 of Tennessee is requested to execute the forei;()ing resolu- 
 tions in such manner as he may think best subserves the 
 interests of the Government:" 
 
 And whereas, I, Andrew Johnson, Military Governor of 
 the State of Tennessee, being anxious to co-operate with the 
 loyal people of the State, and to encourage them in all 
 laudable efforts to restore the State to law and order again, 
 and to secure the ballot-box against tho contamination of 
 treason by every reasonable restraint that can be thrown 
 around it, I do therefore order and direct that an election 
 for Prositlont and Vice President of the United States of 
 America be opened and held at the county seat, or other 
 suitable place, in every county in the State of Tennessee, 
 upon the first Tuesday after the first Monday in tho month 
 of November next, at which all citizens and soldiers, being 
 free white men, twenty-one ^ears of age, citizens of the 
 United States, and for six months prior to the election citi- 
 zens of the State of Tennessee, who have qualified them- 
 selves by registration, and who take the oath prescribed in 
 the foregoing resolutions, shall be entitled to vote, unless 
 said oath shall be disapproved by other testimony, for the 
 candidates for President and Vice President of the United 
 States. 
 
 And to tho end that tho foregoing resolutions, which are 
 made part of this proclamation, may bo faithfully executed, 
 
APPENDIX. 
 
 437 
 
 and the loyal citizens of the State, and none others, be per- 
 mitted to exercise tlie riglit of suffrage, I do hurcby ap- 
 point the several geiitleuien whose names are athxcd to 
 this proclamation to iiid in said election, and superintend 
 the registration of the loyal voters in their respective 
 counties, as provided by the fourth res-olntion above quoted. 
 
 But as the day of election is near at hand, and there miy 
 be a difficulty in completing the registration within the 
 time limit;'d, it is not intended that the registration be an 
 indispensable prerequisite to tho qualification of the voter; 
 and in sucli cases, wliero it is impracticable, and where the 
 voter is of known and established loyalty, ho shall be en- 
 titled to vote, notwithstanding he may not luive registered 
 his name as required by the foregoing resolution. 
 
 The election shall be opened, conducted, returns made, 
 Ac, in all respects as provided by the 4th chapter of the 
 "Code of Tennessee," except so far as the same is modified 
 by tliis i^roclamation. 
 
 But iu cases where the County Court fail or neglect to 
 appoint inspectors or Judges of election, and there is no 
 sheriff or other civil ofiBcer in the county qualified by law 
 to open and hold said election, the registrating agents 
 hereto appended may act in his stead, and in all respects 
 discharge the duties imposed in such cases upon sheriffs. 
 
 In like manner it is declared the duty of the military 
 ofiBcers commanding Tennessee regiments, battalions, or 
 detached squads, and surgeons in charge of the hospitals of 
 Tennessee soldiers, to open and hold elections on the day 
 aforesaid, under the same rules and regulations hereinbe- 
 fore prescribed, and at such suitable places as will bo con- 
 venient to the soldiers, who are hereby declared entitled 
 to vote without oath or registration. 
 
 In testimony whereof, I, Andrew Johnson, Military Gov- 
 ernor of the State of Tennessee, do hereunto set my hand, 
 and have caused the Great Seal of the State to be alii.Ytd at 
 this Department, on the oOth day of September, A. D. lS6i. 
 
 By the (Jovernor : ANDREW JOUNSON. [l. s.] 
 
 Attest: Edwaud II. East, Secretary of State. 
 
 EAST TENNESSEE COOXTIES. 
 
 Anderson — John Leinart, Henry Ilolloway, John Baker. 
 
 Bledsoe — William Foster, Frank Bridgeman. 
 
 Blount — Ilorace Foster, Stephen Mathis, James Henry, 
 Jr. 
 
 Bradlev— K. Clingam, W. E. Davis, John McPherson, A. 
 J. McCaullie. 
 
 Campbell — John Preston, Reuben Rogers, Pryor Perkins. 
 
 Carter— Pleasant Williams, (of Stony Creek,) Elijah Sim- 
 erly, Jones Smith. 
 
 Claiborne — Canady Rodgers, William D. Eppes, Ferney 
 Jones. 
 
 Cocke — Jacob Reagan, Andrew Huff, Lt. Worthington, 
 Sheriff Smith. 
 
 Cnmberland — James Hamby, Thomas B. Swan, James 11. 
 Haonby. 
 
 Fentress— Henry Williams, Dr. J. D. Hale, David Baty, 
 Rufus Dowdy. 
 
 Granger — John F. Nov, Anderson Acuff, M. Goldman. 
 
 Greene— R. C. Carter, Calvin Smith, Anderson W. Wal- 
 ker, James U. Reeves. 
 
 Hancock — William Gilbert, Elbert Campbell, Isaac Camp- 
 bell, Capt. Lewis Jarvis. 
 
 Hamilton — Col. C. C. McCaleb, Abe Pearson, Wash Ev- 
 ans. 
 
 Hawkins— William D. Kanner, B. G. Wetherlaud, W. W. 
 Willis. 
 
 Jefferson — J. Duffell Rankin, Press Swann, Wm. Harris, 
 DuffG. Thornburgh. 
 
 Johnson — Col. R. R. Butler, Col. Sam Howard, Col. James 
 Grayson. 
 
 Knox — Capt. Thos. Stephens, Andrew L. Knott, William 
 Hofner, Samuel McCammon. 
 
 Marion — Alexander Kelley, Robert Ralston, Pleasant 
 Pryor, Wm. Pryor, Esq. 
 
 McMinu — James M. Henderson, John Mc , G. W. 
 
 Ross, F. B. McElwee. 
 
 Meigs— Wm. Adams, F. J. Mathis, Col. A. Cox, Robert 
 Allen, James Gett J s. 
 
 Monroe — Joseph Divine, Henry Duggan, Daniel Heiskell. 
 
 Morgan— James Langley, Sr., James Langley, Jr., S. C. 
 Hunuycutt. 
 
 Overton — Robert Smith, Anderson Winham, George W. 
 Bowman, Ellison Gussett. 
 
 Polk — Gen. James Gamble, Col. John Elliot, Charles 
 McClary. 
 
 Rhea— Capt. J. B. Walker, WiUiam H. Lowe, Samuel 
 Lowe. 
 
 Roane — Joe D. Turner, Wm.Lowery, Wm. SI. Alexander, 
 J. Clu-istopher Abies, Allen Robb, Sam. L. Childress. 
 Scott — I5alie Putram, Craven Duncan, James Lay. 
 Sevier— Colonel Wrn. Pickens, Reuben Hines, David Mc- 
 Croskey, Lemuel Duggan. 
 
 Sullivan — E. A. Millard, Wm. Mullenox, Esq., Enoch 
 Shipley. 
 
 Union— James W. Turner, John Bayless, Calvin Monroe, 
 Washington — Calvin Hoss, John Muhoney, B. F. Swin- 
 gle. 
 
 Sequatchie — Washington Hurd, Daniel Mc Williams, B. F. 
 Smith. 
 
 MIDDLE TENNESSEE CODNTIES. 
 
 Bedford— Joseph Thompson, Richai-d Phillips, William T. 
 Tune, Robert T. Cannon. 
 
 Cannon — Hiram Morris, William Barten. 
 
 Cheatham — Warren Jordan. 
 
 Coffee — John F. Thomas. 
 
 Davidson — John Carpet, Charles Sayers, General J. Stnb- 
 blefield, James Warren, T. J. Yarbvou'^i, L. D. Wheeler, 
 P. T. Phillips. J. B. Canfield, James Davis, W. W. Garrett. 
 
 DeKalb — WiUiam Hathaway, William Blackbmn, Andrew 
 J. Garrison. 
 
 Dickson — Marsh Binkley. 
 
 Franklin — 
 
 Giles— J. C. Walker, Edward W. Rose, J. W. Alley, R. J. 
 Gorden. 
 
 Grundy — William McCran, John Myes. 
 
 Hickman — 
 
 Humphreys — William McKimmons, AVilkins Waggoner, 
 David R. Owen, J. S. Spane, T. J. Winfrey, Mr. Thomas. 
 
 Jackson — James McKiuney, John Gillem, Allen Davis. 
 
 Lawrence — 
 
 Lewis — 
 
 Lincoln — J. H. Fulgham, James J. Kirkpatrick. 
 
 Macon— Pleasant Chitwood, L. S. Clements, George W. 
 Clements. 
 
 Marshall— A. A. Steele. 
 
 Maury— W. W. Jones, John D. Moore, John H. Camp- 
 bell. 
 
 Montgomery — 0. M. Blackman, Caleb Jones, D. S. Nye, 
 Isah Barbee, Thomas F. Betters, George Hampton. 
 
 Berry— W. 0. Britt, F. M. Brasher, Jackson Taylor, J. S. 
 Webb, A. H. Fathers. 
 
 Putman — Joseph Rhea McColet. 
 
 Robertson — B. F. Aurt, AViley Woodward, Joseph Starks. 
 
 Rutherford — Edward Jordan, William Speuce, William 
 C. Burt, James II. Carlton. 
 
 Smith — John W. Bowen, Asberry Griffin, Francis M. Mc- 
 Kee. 
 
 Sumner — 
 
 Stewart — 
 
 Van Buren — 
 
 Warren — Samuel Henderson, Dr. J. B. Armstrong, Sam- 
 uel L. Colville, Miles Bonner. 
 
 White — Edward D. Pennington, Alexander Payne, James 
 Cotey. 
 
 Williamson— A. W. Moss, William P. Campbell, Franklin 
 Hardeman, William S. Campbell. 
 
 Wilson— William Waters, William J. Waters. 
 
 Wayne— Theodore H. Gibbs, James Dougherty, F. Hall, 
 Jasper Lypert, John Stamps. 
 
 WEST TENNESSEE COUNTIES. 
 
 Benton — David Brewer, Allen Bearsons, David Little, 
 Abraham Gussett, Samuel Tippett. 
 
 Carroll- Young W. Allen, John Wood, John Norman, 
 Lucian Hawkins, Isaac Bouch. 
 
 Dyer— William Wesson. 
 
 Decatur — John Stegall, Simon Bonman.G.Menzies, Jamea 
 Roberts, W. U. Johnson. 
 
 Fayette- 
 Gibson — 
 
 Haywood — 
 
 Henderson — Robert Kizer, Jamea Hart, James Smith. 
 
 Hardeman — 
 
 Henry— Anderson , Dr. J. W. Mathewson, Charles 
 
 White, Temple Cowan. 
 
 Hardin— Thomas Maxwell, Michell Hood, Bailey Uin- 
 kell. 
 
 Lauderdale — 
 
 Sladison- T. Skurlock. 
 
 McNairy — William Suayne, John Barnes, Gregg. 
 
 Obion— Dr. S. R. Chapin. 
 
 Shelby— J. B. Bingham, G. B. Ware, A. Gregg. 
 
 Tipton- 
 Weakley— J. W. Hays, WilUam Bell. 
 
 EXTRACTS FROM THE CODE OF TENNESSEE. 
 
 CHAPTER 4. 
 
 Of the Electors of President and Vice President. 
 
 913. Each congressional district shall be an electoral dis- 
 trict, and one Elector shall reside in each of said districts. 
 
 91 4. There shall bo two Electors for the State who may 
 reside in any part of tho State. 
 
 915. Any citizen qualified by law to vote for members of 
 the General Assembly may vote for the whole number of 
 Electors. 
 
 916. Said qualified voters shall meet at the places ap- 
 pointed by law for holding elections iu every county, on tha 
 
438 
 
 APPENDIX. 
 
 first Tuesday next after the first Monday in the month of 
 November, in the years in which the President and Vice 
 President are to be elected, and to vote for a numlier of 
 Electors equal to the whole number of Senators and llep- 
 resenfcitives to which the State is entitled in Congress. 
 
 917. The officer or person holding the election shall ad- 
 vertise at the court-house in every county, and in every 
 civil district of the county, the day on which said election 
 shall take place, at least sixty days before the time of hold- 
 ing it. 
 
 918. The county court of every county shall appoint 
 judges for every place of voting in the county, all of whom 
 shall be sworn to conduct said election in the manner 
 prescribed for electing members of the General Assembly. 
 
 919. If the county court neglect to appoint judges of the 
 said elections, or those appointed refuse to act, the officer 
 holding the election shall appoint judges out of the by- 
 standers to hold the same. 
 
 920. fOf clerks and their qualifications.] 
 
 921. The election shall be conducted in the manner pre- 
 scribed for electing members of the General Assembly. 
 
 [The other sections of this chapter prescribe rules con- 
 cerning the comparison of polls, statements of same, re- 
 turns, comparisons of returns, proceedings of Electors, 
 vacancy, time of meeting to vote, certificate of voting, mes- 
 senger, certificate by mail, list of electors, and penalties on 
 otficers.] 
 
 Qualification of Voters fnr Membersof the General Assembly 
 referred to in Sec. 915 above. 
 
 "Every free white man of the age of twenty-one years, 
 being a citizen of the United States, and a citizen of the 
 county where he may offer his vote, six months next pre- 
 ceding the day of election, shall be entitled to vote for 
 members of the General Assembly." — Code, Sec. S3o, a7id 
 Const, of Tenn., Art. 4, Sec. 1. 
 
 Places of Holding elections, referred to in Sec. 916 above. 
 
 "The places of holding elections shall be in each civil 
 district, at some convenient locality, to be designated by 
 the county court at least six months before the election, 
 and entered on record." — Code 837. 
 
 EXTRACTS FROM CODE. — ART VI. 
 
 Officers of Popular Elections, referred to in Sec. 917 above. 
 
 839. The sheriff, or, if he is a candidate, the coroner, or 
 if there be no coroner, some person appointed by the county 
 court, shall hold all popular elections; and said officer or 
 person shall appoint a sufScient number of deputies to hold 
 said elections. 
 
 8-11. The county court, at the session next preceding the 
 day of election, shall appoint three inspectors or judges 
 for each voting place, to superintend the election. 
 
 842. If the county court fail to make the appointment, 
 or any person appointed refuse to serve, the sheriff, with 
 the advice of three justices, or, if none be present, three 
 respectable freeholders, shall, before the beginning of the 
 election, appoint said inspectors or judges. 
 
 843. If the sheriff or other officer whose duty it is to 
 attend at a particular place of voting under the foregoing 
 provisions fail to attend, any justice of the peace present, 
 or, if no justice of the peace be present, any three free- 
 holders, may perform the duties prescribed by the preceding 
 sections, or in case of necessity may act as ofiicera or in- 
 spectors. 
 
 PROTEST AGAINST THE PROCLAMATION. 
 
 1864, October 15 — John Lelltett, Esq., of 
 Nashville, presented to the President this pro- 
 test: 
 
 To his Excellency Abraham Lincoln, 
 
 President of the United States: 
 
 Sra : The undersigned, loyal citizens of the United States 
 and of the State of Tennessee, on our own behalf and on 
 behalf of the loyal people of our State, ask leave to 
 submit this protest against the proclamation of his Excel- 
 lency, Andrew Johnson, Military Governor, ordering an 
 election to be held for President and Vice President, under 
 certain regulations and restrictions therein set forth. A 
 printed copy of said proclamation is he-owith enclosed. 
 
 The Constitution of the United States provides that 
 " each State shall appoint, in such manner as the Legislature 
 thereof may direct, a number of electors," &c. Under this 
 provision of the Federal Constitution, the Legislature of 
 Tennessee, years before the present rebellion, prescribed the 
 mode of election to be observed, which will be found to 
 differ essentially from the mode prescribed by the Military 
 Governor. VV'e herewith enclose a copy of the law of Ten- 
 nessee governing the holding of said election. 
 
 The Military Governor expressly assumes, by virtue of 
 authority derived from the President, so to alter and amend 
 the election law of Toimossec, (enacted under authority of 
 the Constitution of the United States, as above set forth,) 
 
 as to make the same conform to his own edict as set forth 
 ill the proclamation aloresuid. Uo assumes so to modify 
 our law as to admit persons to vote at the said election 
 who are not entitled to vote under the law and the consti- 
 tution of Tennessee. Instance this : our constitution and 
 law require that each voter shall be " a citizen of the county 
 wherein he may offer his vote for six months next preceding 
 tVie day ol election ;" while the Governor's order only requires 
 that he shall (with other qualifications named) be a citizen 
 of Tennessee for six months, &c. This provision would ad- 
 mit to vote many persons not entitled by law. 
 
 We will, for tl]C salce ol brevity, pass over some loss im- 
 jxirtant points of conflict betwweu the proclamation and 
 Iho law, but will instance in this place another. By our 
 law it is provided that the polls shall be opened in every 
 civil district in each county in the State; but the proela- 
 matiou provides only for .their being opened atone place in 
 each county. This provision would pu* it out of tho power 
 of many legal voters to exercise the elective franchise. 
 
 We solemnly protest against these inl'riugcmoiits of our 
 1-iw, conflicting as they do with the very letter of the Fed- 
 eral Constitution, because they are without authority, and 
 because they will prevent a free, fair, and true expression 
 of the will of the loyal people of Tennessee. 
 
 But we protest still more emphatically against the most 
 unusual and impracticable test oath which it is proposed to 
 require of all citizen voters iu Tennessee. 
 
 [The oath is as follows : "I solemnly swear that I will 
 henceforth support the Constitution ol the United States, 
 and defend it against the assaults of all enemies; that I 
 am an active friend of the Government of the United States, 
 a'.id the enemy of the so-called Confederate States; that I 
 ardently desire the suppression of the present rebelliOQ 
 against the Government ot the United .States; that I sin- 
 cerely rejoice in the triumph of the armies of the United 
 States, and in the defeat and overthrow of the armies, na- 
 vies, and of all armed combinations in the interest of the 
 so-called Confederate States; that I will cordialhi opposeall 
 armistices or negotiations for peace with rebels in arms,' 
 until the Constitution of the United States, and all laws and 
 proclamations made inpurjuance thereof, shall beestablished 
 over all the people of every State and Territory embraced 
 within the nalional Union, and that I will heartily aid and 
 assist the loyal people in whatn-er measures may be adopted 
 lor the attainment of these ends ; and further, that I lake 
 this oath freely and voluntarily and without mental rcser- 
 valion. So help me God."] 
 
 A citizen, qnalified to vote, and whose loyalty cannot be 
 " disproved by other testimony," is to be required to swear, 
 first, that ho "will henceforth support the Constitution of 
 the United States, and dei'end it against all enemies." This 
 obligation we are willing to renew daily. But this is not 
 yet deemed a sufficient test of loy.alty. lie is required to 
 make oath and subscribe to a maos of vain repetitions con- 
 cerning his activity as a friend of the Union and the enemy 
 of its enemies— concerning his desires, his hopes, and fears 
 — and that he finds it in his heart to rejoice over the scenes 
 of blood and or' wounds, of anguish and death, wherein 
 his friends, his kindred, his loved ones are slain, or maimed, 
 or made prisoners of war — whereby the land of his birth or 
 adoption is made desolate, and lamentation and mourning 
 are spread over the whole nation. While all the civilized 
 world stands aghast in contemplation of the unequalled 
 horrors of our tremendous strife, the citizen of Tennessee 
 is called upon by her Military Governor, under your au- 
 thority, to swear that in these things he finds occjvsion to 
 rejoice! As if this were still not enough, the citizen is fur- 
 ther required to swear to the indefinite prol mgatiou of this 
 war, as follows : "That I will cordially opposeall armistices 
 or negotiations for peace with rebels in arms until the Con- 
 stitution of the United States, and all laws and proclama- 
 tions made in pursuance thereof, shall be esta dished over 
 all the people of every State and Territory embraced w-ithin 
 the National Union;" until (in brief) the war shall be at 
 an end. Now, we freely avow to your E.xcellency, and to 
 the world, that we earnestly desire the return of peace and 
 good will to our now unhappy country; that we seek 
 neither pleasure, profit, nor honor in tlie perpetuation of 
 war ; that we should feel bound as Christians, as patriots, and 
 as civilized men — that we lu-e bound by the oaths we have 
 taken — to countenance and encourage any negotiations 
 which may be entered into by the proper authorities with 
 the intent to restore peace and union under the Constitu- 
 tion we have sworn to support and defend. We should be 
 traitors to our country, false to our oaths — false, indeed, to 
 the primary clause of the oath we are now discussing, to 
 oppose such negotiations. We cannot consent to swear at 
 the ballot-box a war of exteimination against our country- 
 men and kindred. Or to prolong by our opposition, for a 
 single day after it can be brought to an honorable ami law- 
 ful conclusion, a contest the most sanguinary and ruinous 
 that has scourged mankind. 
 
 You will not havo forgotten that in the month of July 
 last you issued the foUowiug proclamation: 
 
APPENDIX. 
 
 439 
 
 ExEcmvE Mansion, 
 
 WASIlliNliTO.N, Jm/j/18, 1804. 
 T" i(.h(>m it rr,ay conca-n : 
 
 Any I'l-iiiKisilinn winch embraces the restoration of peace, 
 llir iiiti'gnlv ci Uii.' wliolc Union, and the abanUounient ol 
 Blavcry, aiul whicli comes by and with an anlhority that 
 can control the armies now at war against the United 
 Slates, will be received and considered by the Executive 
 Uovernraenl ol' the United Slates, and will be met by lib- 
 eral terms on other substant'al and collateral points, and 
 the bearer or bearers thereof shall have sa c conduct both 
 ways. ABRAHAM' LINCOLN. 
 
 This is certainly a proposition to treat with rebels in 
 ariius— with their chiels. Aro we now to understand by 
 this iiroclamation of cue acting under your authority, and 
 hui'.si;!!' a candidate with you for the si^cond uflico, that 
 even the above proposition is withdrawn— that you will 
 henceiorlh have no negotiations upon any terms but unre- 
 lenting war to the bitter end? Or aro we to undorsUmd 
 that while you hold this proposition open, or yourself free 
 to act as your judgment may dictate, wo, the citizens ol 
 Tennessee, shall swear to oppose your negotiations? 
 
 In the next breath, the voter who has already been thus 
 far qualified is required to swear that he will " heartily 
 aid and assist the loyal people in whatever measures may 
 be adopted for the attainment of these ends." Adopted by 
 whom? The oath docs not say. We cannot tell what 
 measures may be adopted. We cannot comment upon the 
 absurdity of the obligation hero imposed without danger 
 01 departing Irom that respectful propriiity of language 
 which we desire to observe in addressing the Cliief Magis- 
 trate of the American people. But this is the clause of an 
 oath which the candidate lor the Vice Presidency requires 
 at the lips of the loyal and qualified voters of Tennessee, 
 before these citizens shall be allowed to vote for or againsi 
 you and himself at the coming election I 
 
 For these reasons, and others which, for the sake of 
 brevity, wo omit, we solemnly protest against the inter- 
 ference of the Military Governor with the freedom of the 
 elective franchise in Tennessee. Wo deny his authority and 
 yours to alter, amend, or annul any law of Tennessee. We 
 ik-iiiand that Tennessee be allowed to appoint her electors 
 as expressly provided by the Federal Constitution, which 
 you Uavo sworn to support, protect, and defend, in the man- 
 ner wliich the Legislature thereof has prescribed. And to 
 that end we respectfully demand of you, as the principal 
 under whose authority tliis order has been issued, that the 
 same shall be revoked. We ask that all military inter- 
 ference shall be withdrawn so far as to allow to the loyal 
 men of Tennessee a full and free election. By the loyal 
 men of Tennessee we mean those who have not participated 
 in the rebellion, or given it aid and comfort ; or who may 
 have complied with such terms of amnesty as have been 
 offered them under your authority. 
 
 On the 8th day of December, 1863, you, as President, 
 i.ssued a proclamation declaring that "a full pardon is 
 hereby granted," " with restoration of all rights of pro- 
 perty," &c., to each of our citizens having participated, 
 directly or by implication, in the existing rebellion, (with 
 certain exceptions,) " upon the condition that every such 
 person shall take and subscribe an oath, and thenceforward 
 keep and maintain said oath inviolate." And it is further 
 provided in the proclamation aforesaid that in the contin- 
 gency of the reorganization of a State Government in Ten- 
 Jiessee, or certain other States named, the persons having 
 taken the oath referred to, being otherwise qualified by the 
 •election law of the State, shall be entitled to vote. The 
 undersigned would state that many ot our citizens have 
 complied in good faith with the terms of amnesty proposed 
 in your proclamation aforesaid, and aro, therefore, by 
 reason of the full pardon granted them, fully entitled to 
 vote and exercise all other rights belonging to loyal citi- 
 zens, without let or hindrance; and we respectlully appeal 
 to you, as President of the United States, to make good your 
 promise of pardon to these citizens by the removal of all 
 other and further hindrance to their exercise of the elective 
 franchise. 
 
 But if it be claimed upon the plea of military necessity 
 that guards and restrictions shall be thrown around the 
 ballot-box in Tennessee, we still ask the withdrawal of the 
 proclamation of tlie Military Governor, because the con- 
 ditions thereby imposed upon the loyal men of Tennessee as 
 a qualilieatiou for voters are irrelevant, unreasonable, and 
 not in any sense a test of loyalty. But they pledge the 
 citizen to oppose the lawful authorities in thc! discharge of 
 their duty, 'i he oath required is only calculated to keep legal 
 and rightful voters from the polls. We suggest thai no 
 oath be requi cd but such as is prescrioed by law. Our 
 people will not liesitate, however, to take tlie usual oath of 
 loyalty — for example, in the language of tlie iiriiiiury clause 
 of the oath in question: "That I will liciicrUirili support 
 the Constitution of the United States, and dclcn.l it anniust 
 the assaults of its enemies." Denying your ri^lit to make 
 
 any dep.arturo from the law in the case, we shall, however, 
 fjcl no hardship in this. • 
 
 The Convention to wlii li Onv. .lohnson refers was a mere 
 
 111' no Miili. 1 ii \, imd not represent- 
 
 U have been placed 
 lidatos for eloatore, 
 electoral voice of 
 
 partisan meetiii,!,'. hiMii' n^ imiIki n \, 
 ing the loyal in<ii .ii ivi :< >. ^ 
 
 The names ol Ih.' -i i ■ i , i . : \ ' i' 
 before tlie peujjle ol iciiiu - . ■ c a., ' .in 
 who, if chosen, are expected to cast tin 
 Tennessee for George B. McClellan forPresident and George 
 II. Pendleton (or Vice-President. By virtue of such posi- 
 tion it becomes our province especially to appear before 
 yim in the attitude wo do. We aro aware that grave ques- 
 tions may arise, in any event, with regard to the regularity 
 of the vote of Tennessee, in consequence of the partially 
 disorganized condition of the State. The friends of your 
 re-election, however, announced an electoral ticket, and the 
 public became aware that preparations wore being made for 
 the holding of the election, leaving that matter no longer a 
 question. Some time thcicalter our electoral ticket waa 
 placed before the I'ulilic, and within a few days followed 
 the proclamalion cmiiplaiiicd of. We, for ourselves and 
 those we represi-iit, arc williu;; to leave all questions in- 
 volving the right of Tcniicssi'c til participate in the election 
 to the decision of compclcnt millioritv. 
 
 WM. B. CAMl>ni;i,l., of Wilson county. 
 
 TIIOS. A. 11. NELSU.N', of Washington co. 
 For the State at large. 
 
 JAS. T. P. CARTER, of Carter county. 
 
 JOHN AVILLIAMS, of Knox county. 
 
 A. BLIZARD, of McMinn county. 
 
 HENRY COOPER, of Bedford county. 
 
 BAILIE PEYTON, of Sumner county. 
 
 JOHN LELLYETT, of Davidson county. 
 
 EM. ETHERTDUE, of Weakly county. 
 
 JOHN D. PERRYxMAN, of Shelby county. 
 For the Districts. 
 
 After the foregoing paper had been read, a 
 brief colloquy e.nsued between the President 
 and Mr. Lellyett, as described in the following 
 communication : 
 
 Washington, October 15, 1864. 
 To the Editors of the National Intelligencer : 
 
 I called upon the President to-day, and presented and 
 read to him the above protest. Having concluded, Mr. 
 Lincoln responded : " May I inquire how long it took you 
 and the New York politicians to concoct that paper?" 
 
 I replied: "It was concocted in Nashville, without com- 
 munication with any but Tennesseans. We communicated 
 with citizens of Tennessee outside of Nashville, but not 
 with New York politicians." 
 
 " I will answer," said Mr. Lincoln, emphatically, " that I 
 expect to let the friends of George B. McClellan manage 
 their side of this contest in their own way, and I will man- 
 age my side of it in my way." 
 
 " May we ask an answer in writing ?" I suggested. 
 " Not now. Lay those papers down here. 1 will give no 
 other answer now. I may or may not write something 
 about this herealter. I understand this. I know you in- 
 tend to make a point of this. But go ahead. You have 
 my answer." 
 
 Your answer then, is, that you expect to let General 
 McClellan's friends manage their side of tiris contest in 
 their own way, and you v^ill manage your side of it in your 
 way?" 
 " Yes." 
 
 I then thanked the President for liis courtesy iu givmg 
 us a hearing at all, and took my leave. 
 
 Judge Mason of this city was present at the interview, 
 to whom I refer in regard to the correctness of this report. 
 On stepping outside the door of the Executive Mansion I 
 immediately wrote down the President's emphatic response, 
 and submitted it to Judge Mason and another gentleman 
 who happened to be present, and they both pronounced it 
 accurate. , . ^, 
 
 And now I have a word to say to the people of the 
 United States, who are or ought to be the masters of Abra- 
 ham Lincoln. The paper which I had the honor to present 
 to the President is not the "concoction of New Yorlc poli- 
 ticians," however that might affect its merits. It is the 
 solemn voice of a once free and proud people, protesting 
 against their own disl'ranchisemcnt by the ageut of Abra- 
 ham Lincoln. It is the voice of those loyal men in Tennes- 
 seo who have borno the reproach of a people they still 
 loved, supporting the President in all lawful efforts to pre- 
 serve the Union. The reward of our loyalty is disfranchise 
 ment. The cup of perjury is commended to our lips be- 
 cause it is known that wo wil not touch its contents. 
 Judg • ye between the people of Tennessee and Abrahani 
 Lincoln. It may be meet that our sul mu and respectful 
 appeal sliould be thrown aside with a contemptuous snccr. 
 L >olc to it. If vou, the people of the North 'rn Slates, 
 shall sustain this" act of tyranny, your own Ume will sooa 
 
440 
 
 APPENDIX, 
 
 come. If the President of the tlnited States may « man- 
 age his Pi.I« of this •ontest" by setting aside the very letter 
 01 the Constitution and altering the elective laws of the 
 States, so as to disfranchise his opponents, liberty is already 
 dead. JOHN LELLVETT. 
 
 The Hon. Charles Mason, having accompanied Mr. Lell- 
 yott in his visit to the President, and having been present 
 at the interview accorded to Mr. Lellyett, has been called 
 by the latter in the following note to authenticate his re- 
 port of the conversation had with the President. The reply 
 of Mr. Masjn is also appended : 
 
 Washi.ngton, Oct. 15, 18j4. 
 Hon. Chas. Mason : 
 
 Dear Sih : I submit to your inspection what I have writ- 
 ten in rel'erence to my interview with the President to-day, 
 and will ask you to state if you regard the same as an ac- 
 curate report. Respectfully, 
 
 JOHN LELLYETT. 
 
 Washington, Oct. 15, 1864. 
 John Lei-LYett, Esq. : 
 
 Dear Sir: In compliance with the request in yoiirnote 
 of this day, I have only to say that I was present at the in- 
 terview reierred to. You statement of what t:>ok place is 
 substantially correct ; and on all material points I believe 
 It literally so. Yours , truly , 
 
 CHAS. lUSON. 
 [For President Lixcoln's reply see pa.2;e 425.] 
 
 REPLY OF THE PROTESTANTS. 
 To Abraham Lincoln, President of the. United States: 
 
 Sir: Your letter in reply to the Tennessee Protest lias 
 reached us, and has no doubt been read by the people. The 
 argument on this subject is nearly exhausted, but we have 
 some adcUtional and most important facts to submit to the 
 people, in further elucidation of the subject. 
 
 Our wonder is not excited to learn that you had not seen 
 the proclamation of Governor Johnson, and scarcely beard 
 of it until presented by us. It is an evil of no small mag- 
 nitude, connected with your Administration, that military 
 subordinates assume despotic powers without asking the 
 sanction of their superiors — even presuming to give law to 
 the people by procl.amation and to repeal and modify our 
 laws at will. Theideathat the President himself can make, 
 or repeal, or modify a law of the laml. Static or ii;itiiJii;il, 
 constitutional or statutory, though fVocly prarticed upoli 
 by yourself, is a doctrine of despotism in "irrepressible 
 conflict" with the principles of public liberty. And when 
 these things are done by subordinates, the evil becomes in- 
 tolerably oppressive, and calls for the firmest and most 
 active lawful resistance which a people deserving to be free 
 can offer. 
 
 You tell us that " the movement set on foot by the con- 
 vention and Governor Johnson does not, as seems to be as- 
 sumed by you, emanate from the National Executive." 
 What we did assume is, that the plan was promulgated by 
 proclamation of the Military Governor, who has no authority 
 but that derived directly from you, and it was given the 
 force of law by his edict. It thus became indirectly your 
 act ; and now that you decline to order the edict to be re- 
 called or modified, it becomes your own as fully as if it had 
 emanated from you. " In no proper sense," you say, " can 
 it be considered other than an independent movement of at 
 least a portion of the loyal people of Tennessee." Inde- 
 pendent of what ? Manifestly independent of all lawful 
 authority — independent of and at war with the Federal 
 Constitution, which you have both sworn to support, pro- 
 tect, and defend. What right has a citizen or officer to fa- 
 vor an "independent movement" at variance witli the 
 Constitution, and support the same by force of arms ? AVhat 
 less is this than waging war against the Constitution of the 
 United States and the Government established thereby? 
 "An independent movement" against the Constitution, sup- 
 ported by a Military Governor by force of arms ! recom- 
 mended br tin assembly calling itself a convention! 
 
 Such in principle were the " independent movements" of 
 governors and " portions of the people " which set at first 
 in motion the great rebellion in the South with which we 
 are contending. The "convention" calls upon a Military 
 Governor to order an "independent movement" to help 
 your re-election, and to support it by force of arms, placing 
 "guards" around the ballot-box. And their recommenda- 
 tion is adopted by the Military Governor and " made " by 
 him " part of this proclamation." And yet you say, " I do 
 not perceive in the plan any menace of coercion or violence 
 toward any one. ' Just so with the earlier " independent 
 movement " of Governor Harris in this State, which we 
 opposed as we oppose this. There was no menace of coer- 
 cion or violence toward any who should consent to see the 
 Constitution violated and the " political plan " carried out 
 without opposition. But the bajonet was kept in view, as 
 it is in this ciise. Public meetings were menaced, and 
 perhaps broken up by armed force. And bo it is now. 
 
 Those opposed to the " independent movement" were de- 
 nounced as traitors, and so they are now. Troops from 
 our own and Ironi other States were used to ovruv/e the 
 people, and so they are now. Wo had vigilance ojuimittees 
 and mob violence then. We have now secrc.'t lea;^ues, and 
 are liable at any time to arbitrary arrest, as well as to mob 
 violence, which is now used in our midst. 
 
 These are general facts, in support of which we add the 
 following specifications : 
 
 We have helil a number of peaceable and loyal public 
 meetings in this city, more than one of which has been 
 "menaced" by your partisans. On the 21st instant such a 
 meeting was held at the court-house in this city. It was 
 held " peacefully" ami conducted "loyally," the a.ssembly 
 ccjusistiii- rliiciiy of the " friends of George B. McCIellaa." 
 A iiumiiii- (.1 lu'ovost guards were present, by request of 
 tliiisc who coiiilucted the meeting, to preserve order. The 
 mi'ctiim had been addressed by a gentleman who is an exile 
 from his homo because of his loyalty, and who has spent 
 much time in the military service of the Government 
 during the war. One of the undersigned, a JlcClellan 
 Elector, [Hon. Bailie Peyton,] had taken the stand to ad- 
 dress the meeting, when the hall wiis suddenly entered by 
 a large party of soldiers, and the meeting violently broken 
 up. These men rushed in with guns and drawn pistols, 
 crying "Disperse you d— d rebels and traitors," extinguish- 
 ing the lights and driving the people from the hall. 
 
 W^e specify further that on the 25th instant, the rioters, 
 thirty in number, published a card in the "Nashville 
 Times," the organ in this city of Governor Johnson, to 
 whirh they aiipended their names, as "all members of 
 Compimy D, 1st Tennessee Li^ht Artillery." This comp.any 
 was raised and its officers appointed (as we understand) 
 under the superintendence of Governor Johnson. The 
 rioters speak thus in their card: "Neither Governor John- 
 son, nor any other individual outside of the men uho were 
 active parlicipants, hnew anything of our intentions till tlis 
 affair wiii; orrr. S'nne colored men may have folloived us, 
 but v'c h'l/riu imthing of them." " We do not fear a court- 
 jiiiriu/," tiny defiantly add, "and therefore cheerfully 
 give our uauus as loyal and Union-loving soldiers." 
 
 We specify further that on the evening of the 24th inst., 
 only three days after the McCIellan meeting was broken 
 up, our Rtrcots were paraded by an immense procession of 
 11' I'ii - !> ' iiiii- torches and transparencies, with such in- 
 >'i'i ' I ill' latter as "Lincoln and Johnson," "Liberty 
 
 "I ! ■ .1110 disorders occurred in connection with 
 
 till' il 111 Ml 1 1 (lion, and shots were freely fired by the ne- 
 groes — some lit a window where white persons were stand- 
 ing, and some at persons on the streets. One of the latter 
 (an employe of the Government) was dangerously if not 
 mortally wounded, and it was thought others were hit. In 
 the course of these orgies the procession wsiited on Gov- 
 ernor Andrew Johnson, at the Capitol, and he delivered to 
 the negro assembly an address. A report of his speech was 
 published and re-published in his organ, the "T/mes," and 
 from that report we take the following extract. Governor 
 Johnson says : 
 
 " I speak to-night as a citizen of Tennessee. I am here 
 on my own soil and mean to remain here, and fight this great 
 battle of freedom through to the end. Loyal men from this 
 day forward are to be the controllers of Tennessee's grand and 
 SUBLIME destiny, and rebels must be dumb. We will not 
 listen to their counsels. Nashville is no loxoer the place 
 
 FOR THE.AI to hold THEIR MEETINUS. LET THEM GATHER THEIB 
 TREASONABLE CONCLAVES ELSEWHERE — AMINO THICIR FRIENDS 
 
 IN THE Confederacy. They shall not hold their conspir- 
 acies IN Nashville." 
 
 The language of the rioters, "Disperse rebels and trai- 
 tors," and the common application of such terms of abuse 
 and terror to the friends of General McCIellan here, do not 
 admit of our ignoring the meaning of Governor Johnson 
 in the language quoted. The allusion is evidently to the 
 riotous dispersion of our meeting three evenings previous. 
 He also seems to adopt your idea, that as a citizen of Ten- 
 nessee he " has the right to favor any political plan he 
 chooses." And he unmistakably evinces liis determination 
 to " manage" his '-side of his contest in his own way." 
 
 " Governor Johnson," you say, " like any other loyal citi- 
 zen, has a right to favor any political plan ho chooses." 
 We do not so read the duty of the citizen. Some of the 
 political plans of our day are devised to overturn the Con- 
 stitution and Government of the United States — and this is 
 one of them. The Southern rebellion is another. Neither 
 the citizen nor Governor Johnson has a right to favor such 
 plans, unless it be upon the principle advanced by you as 
 a member of Congress, that "any people, any where, being 
 inclined, and having the power, have the right" to revolu- 
 tionize their Government; that "this is a most valuable, a 
 most sacred right." We shall despair of the republic if 
 these principles of anarchy, as embodied in you, shall be 
 adopted by the people in your re-election. 
 
 In the face of tho reign of terror which has been estab- 
 lished in Tennessee under the eyes of Governor Johnson, 
 
APPENDIX. 
 
 4-11 
 
 : "Do as you please on your o'wn account, | order to Mr. Mill ward, the Terdict should be for the de- 
 lot mo- fendaiits. 
 
 ir as i* ^?)efondnnt'8 points, on which the court was requested to 
 on willfcharge, were as follows: 
 
 1. Tliat liy the third section of the act of Congress of 
 
 p ■aceiuliy and loyally, and Governor Johnson will not 
 I St you. but will protect you against violence as f; 
 
 in ms power. " It you mean that Governor Johnson 
 allow us to stay aw.iy from the polls without molestation, 
 we trust there is some truth in your assurance. But if 
 you mean to suggest that we hold separate elections '-on 
 our own account," and to as.«ure us that we shall not bo 
 molested but protectod in such a " movement," wo know 
 by experience, and by the facts above set forth, that your 
 assurance is a cruel monkery. We will not advise our cit- 
 izens to put in jeopardy their lives in going through the 
 fiuce you propose, of holding an election under the laws 
 at one ballot-box, while Governor Johnson holds an elec- 
 tion under his "plan" at another. Too many unoffending 
 citizens have already been murdered in our streets by ne- 
 gro soldiers — too many reputable women have been in- 
 sulted by them. We do not wish to provoke further out- 
 rage. There will be no election for President in Tennes- 
 see in 1804. You and Governor Johnson may " manage 
 your side of it in your own way," but it will be no 
 election. 
 
 After consultation with our friends, therefore, in different 
 parts of the State, and having communicated with nearly 
 all of our colleagues, we respectfully announce to the peo- 
 ple of Tennessee that in view of what is set forth above — 
 in view of the f ict that our people are overawed by military 
 power, the laws set aside and violated with impunity — and 
 in view of the fact that wo have appealed in vain to the 
 President whose duty it is " to see that the laws be foith- 
 fully executed," and that those who act by his authority 
 shall hold sacred the liberties of the people ; in view of 
 these things we announce that the McClellan Electoral 
 Ticket in Tennessee is withdrawn. 
 
 W. B. CAMPBELL, of Wilson Co. 
 
 BAILIE PEYTON, (./ Smmicr Co. 
 
 JOHN LELLYETT, of Davidson Co. 
 Nashville, Octoher 23, 1861. 
 
 Suppression of N'ewspapers— (See pp. 
 
 188, 194.) 
 Below is a newspaper report of a trial in Oc- 
 ^_^ tober, 1864, growing out of the suppression of 
 
 r 
 
 a newspaper in Pennsylvania ; 
 
 United States Ciecdit Court— Judges Grier and Cad- 
 walader. — Wm. H. Hodgson vs. Wm. Millward, United 
 States Marshal. This is an action to recover damages 
 alleged to have been sustained by the plaintiff by reason of 
 the seizure of the presses, type, paper, and other printing 
 material used in the publication of the newspaper known 
 as the Jcffcrsonian, published at West Chester, in this 
 State. The seizure was made on the 23d of August, lS(il^ Jii>^J 
 by the marshals deputies, Messrs. Jenkins and Schuyler; "^^^ 
 The office was closed, and plaintiff alleges that he was de- 
 prived of the use of hi? property, and thereby compelled to 
 suspend the it>suo of his paper until the 14th of October, 
 18G1, to bis great loss and damage, and for which he now 
 seeks to recover. The authority for the seizure, and upon 
 which the defendant relies as his defence, w;is the following 
 warrant issued by the then United States District Attorney, 
 Geo. A. Coffey, Esq., who claimed to have issued the same 
 by direction of the Secretary of War at Washington : 
 
 Eastern District of Pennsylvajjia, , 
 Office U. S. AiionNEr. 
 To Wm. Millwakd, Jlarshal: 
 
 According to tho provisions of the act of 6th of August, 
 1861, I hereby request you to seize upon all copies of the 
 Jeffcrsonian newsp,",per, puldished in the borough of West 
 Chester, Chester County, Pennsylvania, as well as all pro- 
 perty of every kind whatsoever used in and about the pub- 
 lication of said new.spaper that may be found in your baili- 
 wick, for coudonniation and confiscation according to law, 
 I being authorized by the President of the United States, i 
 .^^__,^ GEOKGE A. COFFEY, United States Attorney. J 
 
 ^Thiladelphia, 23cZ Augtist, 1861. .^n^ 
 
 The case was tried before Chief Justice Lowrie, in the 
 Supreme Court at Nisi Prius, in February last, and was 
 prosecuted to judgment, but subsequently, under the pro- 
 visions of the act of Congress of March od, 1863, entitled 
 " an act relating to habeas corpus cases, and for other pur- 
 poses," tliu record of tho proceedings in the nisi prius was 
 removed into this com-t, where yesterday it came up for 
 trial de i:m'o. 
 
 The evidence offered to the court and jury was mainly 
 that adduced upon the former trial, and at that time re- 
 ducnd to writing. Tho defence set up that the order of 
 District Attorney Coffey to seize the property was a justi- 
 fication, and as the act of Congress authorized the President 
 to direct sucli seizure, the jury, if they found that Mr. Cof- 
 fey did receive such instructions, and in turu issued his 
 
 Aug-ust 6, 1801, the District Attorney of the Eastern Dis- 
 trict of the United St.itesis authorized to institute proceed- 
 ings for the conlisc.ition and condemnation of any property 
 within the said district, of the character described in the 
 first section of tho act, and that for this purpose the said 
 District Attorney had authority to direct the seizure of 
 such property so found, preparatory to filing an information 
 in and issuing an attachment from the proper court, and 
 that his order to the marshal of the district to seize the 
 Jcffcrsonian printing-pre-is, and other materials, followed 
 up as it was by the proceedings in the courts of tho United 
 States, is a legal justification of the marshal and hia dep- 
 uties for such seizure. 
 
 If the court should decline to affirm the foregoing propo- 
 sition, then it is respectfully requested to eliargo : 
 
 I. That if the jury find from the evidence that tho order 
 from the District Attorney to the marshal was issued under 
 the authority of the President of the United States, then 
 tho said order is a justification to the marshal and his de- 
 puties for the seizure complained of in this suit. 
 
 II. Tluit alter the information was filed in the District 
 Court of the United States, and tho attachment was issued 
 therefrom and tho property attached, it was in tho custody 
 of the law, and tho marshal was in nowise Uable for dam- 
 ages ibr its detention, and that the plaintiff can only re- 
 cover for the taking and detention of the property from the 
 23d of August to the 12th of September, a period of twenty 
 days. 
 
 III. That the measure of damages in this case is the act- 
 ual pecuniary loss which the plaintiff sustained by reason 
 of the possession of his printing establishment having been 
 taken by the marshal and continued lor the period of 
 twenty days, and that there is no evidence in tho cause 
 which would justify the jury in giving vindictive damages. 
 
 JUDGE GKIEU'S CHAllGE. 
 Gentlemen of the jdky : After the elaborate arguments 
 of counsel, it is not necessary to say much about the facts 
 of this case. It is your province to deal with tho facts. 
 You are the sole judges of them, and are to apply to them 
 the principles of law that will be laid down by the court. 
 You are not to decide the law. That is for the court. You 
 must take care not to let party feeling or passion influence 
 you. You must hear the small as well as the great. 'While 
 you may recollect that this was done in tunes of great ex- 
 citement, yet that a trespass, and a gross one, has been 
 committed, it is not denied. It is a fact, to be sure, for you, 
 but it is not denied that property of the plaintiff was 
 taken. . If so, have the defendants made out a justiflca- 
 
 "Tfhe court instruct you, they have not. Tho marshaf \ 
 cannot plead the order of the Attorney General or bis ; 
 deputy. This is not a justification. If a m irshal arrests 
 A when told to arrest B, it is no defence that he had a 
 right to ai-rest B. 
 
 The marshal would have had a right to seize for condem- 
 nation the kind of property specifieol in the act of Congress 
 of the 6th of August, 1861, without the order of the Dis- 
 trict Attorney. But this act had nothing to do with the 
 liberty of tho press. It never gave authority for such a 
 seizure as the present one. 
 
 The order of the District Attorney that has been shown 
 here was no more of a justification to the marshal than if 
 issued by any one now in the court-liouse. 
 
 The District Attorney had no right to make such an order. 
 You may arrest a man for murder without warrant, but you 
 show the man commi;ted the felony ; otherwise it is no de- 
 fence to an action of trespass. 
 
 If the property, then, was within the meaning of the act 
 of Congress, the seizure was justifiable; if not, tho marshal 
 is liable in damages. Certain points, or prayers for instrnc- ' 
 tion on the law, have been submitted to mo by the defend- 
 ants, which I will now proceed to answer: 
 
 I. The first point, to a certain extent, is true. The Dis- 
 trict Attorney might advise tho issuing of an attachment, 
 and seize property that was liable under tho act of Con- 
 gress. But it is not the law that this order of tho District 
 Attorney was a justification of the marshal in this case. 
 The marshal couM art, if tin- property was liable to seizure, 
 as well without the .mK r ,,r the District Attorney as with 
 It. If the court li.i.l .1. ( i,l, ,1 tliat the property was liable, 
 tho marshal would liavo bei^n justified. But if tho court 
 had decided the property was not properly seized, then the 
 seizure was unlawful and it was trespass, and the mni-sh.al 
 was liable. There is not even a certificate as to probable 
 cause for seizure. But I say nothing on this liead, for it 
 does not appear that it was asked, or tliat it was a case for 
 it. No attempt, however, was made at the hearing of the 
 iulbrmatiou in tho circuit court to show any cause. It was 
 
442 
 
 APPENDIX. 
 
 cloar that the act of Congress did not apply. There was 
 uo law fori)iiMing this man, tho plaintifl", to write against 
 the war. 1 UonUt wlicther any act of Congress could have 
 prevented a man giving his opinions candidly against the 
 war. lie had a right to write and to print. The order of 
 the District Attorney makes the case no better. He had 
 no right to issue the order. Tho marshal had no right to 
 obey it. It was no warrant. If the marshal liad consulted 
 counsel, counsel would have told him ho was not to obey 
 such an order. I doubt a;:y counsel could Iiave been found 
 who would have advised obedience to such an order. 
 
 II. In answer to the second point, I say there is no com- 
 petent evidence of any authority from the President or i.ny 
 of his Cabinet, and if there had been it would make the 
 aiso no better. If tliero had been a proceeding in court, 
 and a seizure under protest, it would have protected tho 
 officer. But the marshal or sheriff cannot justify under an 
 order like this. f. . 
 
 III. As to the third point, I instruct you on the question 
 of damages tliat the jury should give full compensatory 
 damages for all the loss that has accrued to the plaintiff. 
 But tlie damages should not bo vindictive or punitive. 
 There is no evidence that the marshal acted from malice, or 
 was influenced by polilical feeling, or committed any ex- 
 cess. There is some evidence that the District Attorney 
 did this (fi vniniV Roino jwnplo out of doors. He is not, 
 however, h n I . , ■ n vi . r, :i n 1 tliis is not imputable to the 
 miirshal. I I . . . i I .; I ; I e ul vindicating public justice 
 when an c-lii> ; -i i,,, m.. . ui.miits an act almost without 
 a pretence ul .lulliuiit.v, the damages shotild be exemplary 
 to vindicate tlie outraged law, that men in authority may 
 be careiul how they trespass on the rights of citizens. 
 There is a difference in this respect between the case of a 
 public officer and a private person, no matter liow high the 
 public officer — even the President or one of his Secretaries. 
 The marshal is here liable for the whole time the property 
 was detained. lie is liable for all the damages from the 
 beginning to the end. The decree of this court was con- 
 clusive against liini. I liave thus laid down the principles 
 of law wliicii are to guide you, and it will be for you to 
 apply them to tho facts of tho cause. 
 
 The jury was out about twenty hours, and 
 returned a verdict for the plaiutifi' for ^504 23. 
 George W. Diddle and Wm. B. Reed for plain- 
 tiff; John C. Knox and David Webster for de- 
 fendant. 
 
 Colored Persons as Witnesses. 
 
 To complete the record on pages 242, 24?>, it 
 should be stated that these proceedings were 
 prior to those there recorded : 
 
 Pending the emancipation bill for the District ofColum 
 bia, Second Session of Thirty-Seventh Cort^rcss, in Senate- 
 
 186:2, April 0— Me. Sdmner. moved toameud Secliou 7, by 
 adding the words : " without tho e.xclusiou of any witness 
 on account of color;" which was agreed to, yeas 2i3, nays 
 9, as follows: 
 
 Yeas — Messrs. Anthony, Crowning, Chandler, Clark, Col- 
 lamor, Dixon, Doolittle, Fessenden, Foster, Grimes, Harris, 
 Howard, Howe, King, Lane of Indiana, Lane of Kansas, 
 Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Wade, Wil- 
 kinson, Wilmot, Wilson of Mass.— l6. 
 
 Nats — .Messrs. Bj.yard, Carlile, Davis, Kennedy ,Ne smith, 
 Powell, SauUbury, Willey, Wilson o( Missouri, Wright. — 9. 
 
 There was no separate vote in the House on 
 this proposition. 
 
 Connected with this subject, as stated on 
 page 24a, is the loUowing opinion of Judge 
 Juhu C. Underwood, of the United States Dis- 
 trict Court for the Eastern District of Virginia, 
 delivered at the late terna : 
 
 [From the Alexandria, Va., State Journal.^ 
 United States District Court, District of Virginia, in the 
 matter of the petition of Israel Dorsey, a citizen of Massa- 
 chusetts. 
 
 The use of the courts of the country, and the right to 
 give testimony in them are privileges so fundamental and 
 important to the security of personal and domestic peace, 
 as to make their denial one of the greatest wrongs, next to 
 slavery itself, which can be inflicted on a human'bcing. 
 
 If tho denial is permitted tho victim may be robbed 
 upon the highway, his house burned over his lie:id,his wife 
 or child ravished or nuu'dered before his eyes without rem- 
 edy or redress. Wo see, therefore, that tlie right to testify 
 in courts of justice is not only essential to jjersonal di,gnity 
 and safety, hut it is the very bulwark of defence of ail 
 
 other individual, domestic, and social rights, and that noth- 
 ing but a conviction of a high crime can possibly justify its 
 invasion. The clause of the L'nited States Constitution on 
 which the petitioner relics is the first of tho second section 
 of Article 4, and is in these words : 
 
 " The citizens of each State shall be entitled to all the 
 privileges and immunities of citi:;ens in the several States." 
 
 Alexander Hamilton, in commenting upon this clause in 
 the 80th number of the Federalist, says : 
 
 " It may be esteemed the basis of the Union. And if it 
 he a just principle that every government ought to posscfs 
 the means of executing its own provisions, by its own 
 authority, it will follow that iu order to tlie inviolable 
 maintenance of that eipiality of privileges and immunities 
 
 will bo entitled, the 
 ill all cases in Vfhich 
 
 I another State or its 
 -■> tundamontal a pro- 
 u, it is necessary 
 
 to which the citizens 
 national judiciary ou.ulii i > i ■ .' 
 one State or its citizen- ;. . • \ 
 
 citizens. To secure the lull ■ i. < c , i 
 vision against all evasion anil subti 
 that its construction should be committed to that tribunal, 
 ■which, having no local attachments, will be likely to be 
 impartial between the different States and their citizens, 
 and which, owing its official existtnce to the Union, will 
 never be likely to feel any bias inauspicious to the princi- 
 ples on which it is founded." 
 
 In the same paper he says : " There ought always to be 
 a constitutional method to give efficacy to constitutional 
 provisions." It will be remembered that, to give effect to 
 this very provision, smd to secure the invaded rights of her 
 citizens, the Legisl.ature of Msssaehusetts many years ago 
 sent an eminent jurist. Judge Hoar, to the State of f^outh 
 Carolina, with an appeal to the courts of jut tico. His ap- 
 peal was rudely rejected, and himself and daughter by mob 
 violence driven from that State of lawless madmen, who 
 were then just beginning their wild rush from the crime of 
 slavery to the kindred crimes of treason and rebellion 
 against the best Government that ever blessed the world. 
 Nor is it too much to assert that the neglect to give practi- 
 cal effect to this constitutional provision has been an effi- 
 cient cause of the war now desolating the country. 
 
 In support of these views the case of Corlield vs. Coryell, 
 4th volume Washington Circuit Court Keporis, pages 380 
 and SSI, is directly in point and would seem conclusive. 
 Mr. Justice Washington in his opinion says of the clause 
 in question : 
 
 " The inquiry is, what are the privileges and immunities 
 of citizens in the several States ? We find no hesitation in 
 confining these expressions to those privileges and immu- 
 nities which are in their natiue fundamental. They may 
 be all comprehended under the following general heads : 
 Protection by the Government ; the enjoyment of life and 
 liberty, with the right to acquire and possess property of 
 every kind, and to pursue and obtain happiness and safety. 
 The right of a citizen of one State to pass through or to 
 reside in any other State, for piuposesof trade, agriculture, 
 profcshional pursuits or otherwise, to claim the benefit tr 
 the writ of habeas corpus, to institute and maintain actions 
 of any kind in the courts of the S.ate, to take, hold, and 
 dispose of property, real and personal, and an exemption 
 from higher taxes or impositions than are paid by the 
 other citizens of the State. These and many others which 
 might be mentioned are strictly privileges and immunities, 
 and tho enjoyment of them by the citizens of each State 
 in every other State are manifestly calculated (to use the 
 exijressions of the preamble of the corresponding provision 
 in the old articles of confederation) tho better to secure 
 and perpetuate mutual frienshipand intercourse among the 
 people of the different States of the Union." 
 
 The right to testify must bo inelmled iu the foregoing 
 enumeration as a part of the right to use tho courts, and 
 several of the rights enumerated are certainly less vital 
 and fundamental than the right iu question. 
 
 No one who has read the able opinion of Attorney Gen- 
 eral Bates, utterly demolishing the unfortunate obiter dicta 
 in the Dred Scott case, can doubt that colored men may be 
 citizens of the United Strifes and of the several States; and 
 indeed, all the counsel in this case seem to admit that the 
 petitioner is a citizen of Massachusetts. 
 
 This court has no doubt that a citizen of Massachusetts 
 has a right to demand the protection of his oath, and the 
 use of the courts of Virginia, or any other State of this 
 Union, in virtue of the above-quoted constitutional pro- 
 vision, which, like a treaty stipulation between inde- 
 pendent States, abrogates every State law which may- 
 attempt to defeat its \vise and benevolent and truly nation- 
 al operation. 
 
 Massachusetts may with perfect propriety say to Virginia 
 — no matter with what wrongs, for tho sake of sustaining 
 a bloody and barbarous system, you outrage humanity in 
 the persons of colored men born and reared upon your 
 own soil, I demand of you, by the sacred guaranty of your 
 constitutional obligations, that the hnuililest of my citi- 
 zens, when a sojourner in your territury. sliall he secure in 
 all the great fuudameutul rights ol human nature. 
 
APPENDIX. 
 
 44? 
 
 On the 22d day of Juno, 1772, tho court of tlio King's 
 BlhicIi decided in the case of James Somerset, claimed as a 
 slave by a Virginia planter named Charles Stewart, that 
 "the state of slavery is of such a natun^ th:it il ii iiic':i|);i- 
 ble of being introduced on any reasons. umiuI m polit- 
 ical, but only by positive law. It is so odious lliai iK.lliiii'j; 
 can bo suffered to support it but positiic law, ami llnriiiirc 
 tbe black must bo distharg'Hl." Such in tliat ccliliratrd 
 case was tho lan.ijuage of Lord Mansfield, the most l)rilliant 
 light in that constellation of British judges who made 
 theu- land immortal and raised themselves to tho most 
 sublime moral elevation by stooping to lilt the lowly and 
 crushed of their fellow-citizens, and to place them upon 
 the groat table-land of Brit:sh security and protection. It 
 was on thu argument of the same c iso I hit (nun- lor Iiavy 
 made the never-to-be-forgotten de. la,-.. li-n tl) n Ih.- air of 
 England was '■ too pure for a slave t > In-, all: in." 
 
 It is time for us to say the soil ot Aii-iiii i, so ;!.,d i,y the 
 blood of BO many martj'rs of freedom, is loo sacred to bo ever 
 again pressed by the footstep of a slave. 
 
 Tho Senator from Virginia, who in 1850 excited the in- 
 dignation of all Christendom by dcniaudim; of Congress 
 aiidi'tional enactments to facilitate man ami wnmaii hunt- 
 ing through tho length and breadth of the < mihii v. li ■ • ly 
 admitted that there was no positive law in A ir-ii'ia , siab- 
 lishing slavery, and tliat the system rested alouu upon cus- 
 tom. He might well liavc adi'h il, 
 
 stO 
 
 h than the observance." 
 spects the humane principles 
 time-honored opinion, lor one 
 of any 
 
 More honored in tin- 1 i 
 How then can any one wht 
 declai-ed in Lord Mauslield 
 moment regard slavery or any of its incidents 
 legal force HI tliis Slate? 
 
 This coan \. r,l ;:1\'.,:\ ^ I'C ready toapply Lord Mansfield's 
 principles , \ : , . ', 1 it; supports and incidents,and tho 
 hiw in (;u II I I .i; more. ,111(1 it has also the strong- 
 
 est convi-ii ill liial 111 . :ale law exrlniling the testimony 
 of colored nun fiom tlie courts of justice is utterly null and 
 void, because it is utterly repugnant to her glorious Decla- 
 ration of nights, whicii, following the decision of Lord 
 Manstield, was adopted in June, 1776, as part of tho con- 
 stitution of thu State. Never has that Ueclaration been 
 repealed, but it has been repeatedly reafBrmed and con- 
 tinued as the basis of every State constitution of Virginia 
 up to and including that of 18G4. 
 
 Among the provisions of that Declaration are the follow- 
 ing : 
 
 1. Tliat all men arc by nature equ.ally free and indepen- 
 dent, and ha-.o certain inherent rights, ot which, when tliey 
 enter into a stat-' 
 deprive oi ilii est 
 liie and hli,! i.\ , \ 
 
 ■iv. 
 
 property, ,ii. 
 
 i. Tliat no 
 
 BOparale eui 
 
 but in coiisi. 
 
 15. Tliat 1) 
 
 can be pit'se 
 
 justice, uiod: 
 
 bv a frequen 
 
 "in the ligl 
 
 tho testinio 
 
 crime could 
 
 aciviiiz.'.l ;i 
 
 deniMi-ali.ii,; 
 
 irsuin:;- and olitaining happiness and salety. 
 
 11 or set of men are entitled to exclusive or 
 
 incuts or privileges from thu community, 
 
 tion of puldic services. 
 
 ee government or the blessing of liberty 
 
 1 to any people but by a firm adlieri^iice to 
 
 ion, temperance, frugality ami virtue, and 
 
 ciuniue to Inndaniental principles. 
 
 I' sih !i ■juaiaiiiii s the enactment excluding 
 
 ot aii\ laaii uiirouvicted of all inl'ainons 
 
 e, pro' 
 
 nounci 
 tomles: 
 
 t the' d.'aicst human rights are only skin deep, 
 >ky men ha\ e none which paler men are bound 
 
 grave with ita barbarous twin brother, slavery, thus obvi- 
 ating the necessity of further action by this court, tlic case 
 is put over for final action, and, if desired, for further ar- 
 gument, to the next tern.". 
 
 Gen. Grant's Orders Respecting Fu- 
 gitive Slaves. 
 
 As an addenda to the military rep irts, or- 
 ders, and proclamation?, respecting '• contra- 
 bands," on pages 244, 253, tbe following, 
 issued at different times by Gen. Grant, and 
 not before published as a whole, are inserted : 
 
 IIeadquarmrs District of West TE^Nns«EE, 
 
 Fort Do.nelson, February 20, 1862. 
 General Ohders 1 
 No. 14. ]■ 
 
 I. General Orders No. 3, scries 1F61, from Headquarters 
 Department of (lie Missomi. is kIIII in lorce. aid iinist bo 
 observed. The pir^- ii v m i . ■. pt -m.i . ir ul n, maiio 
 apparent by tln' lum 'i-a i ; a a for 
 permission to ji i^ ihi.ia i '.:i ..i;., : ■; . i .L.^ilivo 
 slaves. In no c.i.o wh.ilcvci will ,Mam....iuu i.e „i.uUcd to 
 citizens for this purpose. 
 
 II. All slaves at i'ort Donelson at tho time of its capture, 
 and all slaves within the lino of milit;iry occupation that 
 have been used by the enemy in building fortilications, or 
 in any manner hostile to the Government, will bo employed 
 by the Quartermaster's Department for tho benefit of the 
 Government, and will under no circumstance bo permitted 
 to return to their masters. 
 
 III. It is made tho duty of all officers of this command 
 to see that all .slaves above indicated arc promptly delivered 
 to the Chief Quartermiuster of the district. 
 
 By order of Brig. Gen. U. S. 0:;a\t : ^ 
 
 jr^O. A. llAAVLlffi?, Jt. A. G. 
 
 Headuuauters Distmct of West Tex.nessee, 
 
 CoEi,\Tii, Miss., Auyud 11, 1862. 
 Gener.\l Orders > 
 No. 72. ]■ 
 
 rtecent arts of Congre^-' iiroliil.it tliM nrniv frr.m returning 
 
 guidance of the army 
 
 mat- 
 
 ter: 
 
 doctrine 
 and that 
 to respec 
 
 Never should tho courts of Virginia deny this fundamen- 
 tal privilege of manhood to any innocent linman being, and 
 least of all to a citizen of Jhissacluiseits— the cradle r.l the 
 American Kevoltition of 177G — the first State to aljolish 
 slavery, the first to scatter the seeds of knowledge and 
 science thioiighout her bounds, to bless all the people who 
 dwell within the- iiiHuencu of her generous and beneficent 
 iiistitntions. 
 
 Had CoiiLrr.ss clearly conferred upon this court the 
 
 Willi 
 Iho ; 
 Legii 
 
 I. All fugitives thus employed must bo registered, the 
 names of the fugitives and cfa.imants given, and must bo 
 borne n|ioii m i i.ln i < im; ( , .t the connuandiu which thev 
 arekeiit.^lwv, ,:: I ,v , ■ y<- run^h.yrd. 
 
 II. Ful;hi\ ■ -: -. ii \ I niniloyed as laborers in the 
 Quarteniia>t,i'., ,-iii.M 1 :ii ■, and Lngiueer D;-partraent3, 
 andwdierever by sinji eniployineiit a soldier may be saved 
 to tho ranks. They may be oniiiloyod as teamsters, a8 
 company cooks, (not exceeding four to a company,) or iia 
 hospital attendants or nnr.ses. Officers may employ them 
 as private MTvaais, ill wliirii latter case tlie fngilivo will 
 not be I'^ii'l "!■ i:i '"I '' I :• ill'' Government. Negroes, not 
 thus einiil i\< il, \'.ill I. ' .l' < 111. il uuaiithorized persons, and 
 
 must !"■ rxilialeil llulll lll- r ,o,M.-. 
 
 III. (Jlliriis and s.ii : ' ; 1 hitiited from enticing 
 sl.ives to li.ivc ihrii- i!ia \ ', i t bcoonics UPCBSSary 
 to i'iu|i|oy this kind o] III. II . I o nil .ailing officers of posts 
 or troops iiuist send ^ielails iaiu,i\ , ander tho charge of a 
 suitable non-commissioned oiliceri to press inlo service the 
 slaves of disloval iiersons to the number required. 
 
 IV. Citizens uithiu the reach of any military station, 
 known to be disloyal and diMigcnais, may be or.lered away 
 or arrested, and their c rops ami st.Kk> taken for the benefit 
 of the Government or tli.' nse oriii,' army. 
 
 V. All property taken ii.-.ui icIh'! owners must be duly 
 reported and used lor Ih" heiu'lit <if Government, and be 
 issued to troops through ihe proper d(.p,;rtmei't.^. and when 
 practicable the act ut taking should bo avoucd by t!io 
 written certifi(';ite of the officer taking, to tho owner or 
 agent otsndi |iropiity. 
 
 It is <ni.an<.(l on all commanding officer.'' to see that this 
 order is stnnly rxccuted. The demoralization of troops 
 consequent on baing left to execute l.aws in their own way, 
 without a proper head, must be avoided. 
 
 By order of Miii. Gou. U. S. Grant : 
 
 JNO. A. UAWLINS, A. A. G. 
 
 nE.ADQnAKTERS Df.PARTJir.NT OF THE TEX>'ESSEB, 
 
 Mill:k£.\'s Bend, La., April 22, 1863. 
 General Omeks 1 
 
 No. -I-K ; [Kxtr.aot.] 
 
 I. Corps, division, and i.ost commanders will afford all 
 ficilities for the complelion of the negro regimenU no\f 
 ■ lawb; burying it in the same i organizing in this department. Commissaries will issiw 
 
Ui 
 
 APPENDIX. 
 
 Btipplies, and Quartermasters will furnish stores on the 
 Biimo reqiiioitioiis and returns as are required from other 
 troops. 
 
 It is expected that all commanders will especially exert 
 themselves in carrying out the policy of the Ailiainistration, 
 not only in orRanizinK colored rejriments and rouderins 
 them efficient, but also in removing prejudice against 
 them. 
 
 « « * * * * * 
 
 By order of Mai. Gen. U. S. Gkant: 
 
 (Siirued) JNO. A. RAWLINS, 
 
 Asst. Adjt. Gen. 
 
 Headquarters D.".partmf.nt of the Tennessee, 
 
 VicKSBURG, Miss., August 10, 1863. 
 General Orders) 
 No. 51. ; 
 
 I. At all military posts in States within the Department, 
 where slavery has been abolished by the proclamation of 
 the President of the United States, camps will be estab- 
 Ushed for such freed people of color as are out of employ- 
 ment. 
 
 II. Commanders of posts or districts will detail suitable 
 officers from the army as superintendents of such camps. 
 It will bo the duty of such superintendents to see that suit- 
 able rations are drawn from tlie Subsistence Department 
 for such p 'ople as are confided to their care. 
 
 III. All sich persons supported by the Government will 
 bo employed iu every practicable way, so as to avoid, as far 
 as possible, their becoming a burden upon the Government. 
 They may be hired to planters or other citizens, on proper 
 assurances that the negroes so hired will not be run off 
 beyond the nu'iitary jurisdiction of the United States; they 
 may be employed on any public works; in gathering crops 
 from abandoned plantations; and generally, in any man- 
 ner local commanders may deem for the best interests of 
 tho Government, iu compliance with law and the jjoUcy of 
 the Administration. 
 
 IV. It will be the duty of tho Provost Marshal at every 
 military post to see that every negro witliin the jurisdiction 
 of the military authority is employed by some white per- 
 son or is sent to the camps provided for freed people. 
 
 V. Citizens may make contracts with freed persons of 
 color for their labor, giving wages per month in money, or 
 employ families of them by the year on plantations, &c., 
 feeding, clothing, and supporting the infirm as well as the 
 able-bodied, and giving a portion — not less than one-twen- 
 tieth — of the couimercial pait of their crops, in payment 
 for such service. 
 
 VI. Where negroes are employed under this authority, 
 the parties employing will register with the Provost Mar- 
 ehal their names, occupation, and residence, and the num- 
 ber of negroes employed. They will enter into such bonds 
 as the Provost Marshal, with the approval of the local 
 commander, may reciuire, for the kind treatment and 
 proper care of those employed, and as security against then- 
 being carried beyond the employer's jui-isdiction. 
 
 VII. Notlnng in this order is to be construe J to embarrass 
 the employment of such colored persons as may be requii-ed 
 by the Goiernment. 
 
 By oroer of Major General U. S. Grant : 
 
 (Signed) T. S. BOWERS, 
 
 Acting Asst. Adj'l Gen". 
 
 IIeadquaktees Department of the Tennessee, 
 
 ViCKSBUEG, Miss., August 23, 1863. 
 General Ordees'I 
 No. 53. ; 
 
 I. llireafter, negroes will not be allowed in or about the 
 camps of white troops, except such as are properly em- 
 ployed and controlled. 
 
 II. They nmy be employed in the Quartermaster's De- 
 partment, Subsistence Uepartnient, Medical Department, as 
 hospital nurses and laundresses, in tho Engineer Depart- 
 ment as pioneers. As fir as practicable, such as have been 
 or may be rejected as recruits for colored regiments by the 
 oxatnining surgeon will be employed about hospitals and 
 in pioneer corps. 
 
 III. In regiments and companies they may bo employed 
 as follows: One cook to each fifteen m'.-.a, and one teamster 
 to each wagon. Officers may employ them as servants, but 
 not in greater numbers than they are entitled to commuta- 
 tion lor. 
 
 IV. Oimmanders of regiments and detachments will see 
 that all negroes iu or about their respictive camps, not 
 employed as proviiled iu this )rdi'i-,;in- ( nll( itrd :,ncltiu-ned 
 ovc^rtuthe rruvst .'\lar>lial •>! the oi i ih-hi, j. -^t, or army 
 corps to wliich llirii- i-oginirnt or d'l,,, Imi- i,i l el 'iigs- 
 
 V. Provost .Mar>hals will kocp all inu,,,,- ilois coming 
 into tlieir hands from straggling and waiMkrlng about, 
 until they can be put in cliaigc of tlu; sii|>criiitend.-nt of 
 the camp for colored people ncaicst them; and all negroes 
 unemployed iu accordance with this or previous orders, not 
 
 in and about camps of regiments and detachments, will be 
 required to go into the cami's established tor negroes, and 
 it is enjoined upon Provost Marshals to see' that they do so. 
 
 VI. Recruiting for colored regiments in negro camps will 
 be prohibited, except when special authority to do so is 
 given. 
 
 VIT. All able-bodied negro men who arc found, ten days 
 after publication of this order, without .i certificate of the 
 officer or person employing them, will be regarded as un- 
 employed, and may be pressed into service. Certificates 
 given to negroes must show how, when, and b}' whom they 
 are employed, and if as ofiBcers' servants, that the officer 
 employing them has not a greater number than by law he 
 is entitled to commutation ibr. 
 
 By order of Major General U. S. Grant : 
 
 JNO. A. RAWLINS, ' 
 Assistant Adjutant General. 
 
 Protection to Colored Soldiers. 
 
 On page 280 is the President's order on this 
 subject, wbicli Las been the occasion of more or 
 less correspondence between the Union and 
 Rebel authorities. The latest and most satis- 
 factory statement is included in the subjoined 
 correspondence : 
 
 HEADaUAMERR ARMY NORTHERN VlRQINlA, 
 
 October 19, 1SC4. 
 Lieut. Gen. V. S. Grant, Commanding XL S. Armies: 
 
 General: In accordance with instructions from the Hon- 
 orable Secretary of the Confederate States, I have the honor 
 to call your attention to the subject of two communications 
 recently addressed by Major Gener.al B. F. Butler, an officer 
 imder your command, to the Hon. Robert Ould, commis- 
 sioner for the exchange of prisoners. For the biitter un- 
 derstanding of the matter, 1 enclose copies of the commu- 
 nications. 
 
 You will perceive by one of them that the «Titer has 
 placed a number of officers .and men belonging to the Con- 
 federate service, prisoners of war captured by the United 
 States forces, at labor in the canal at Dutch Gap, in retalia- 
 tion, as is alleged, for a like number of Federal colored sol- 
 diers, prisoners of war in our bauds, who are said to have 
 been pnit to work on our fortifications. The evidence ot 
 this fact is found in the affidavits of two deserters from ou»- 
 service. 
 
 The other letter refers to a copy of a notice issued by a 
 Confederate officer commanding a camp near Richmond, 
 calling upon the owners to come forward and establish 
 their claims to certain negroes iu tho custody of thatofficer. 
 Tlic writer of the letter proceeds to state that some of the 
 negi'oes mentioned in the notice are believerl to be soldiers 
 of the United States army, captured in arms, and that, upon 
 that belief, he has ordered to such manual labor as he 
 deems most fitting to meet the e.\igeni y an eijuivaient 
 nu.mber of prisoners of war held by the United States, and 
 announces that he will continue to order to labor captives 
 in war to a number equal to that of all the United States 
 soldiers whom he hits rea-son to believe are held to service 
 or labor by the Confederate forces, until ho shall bo notified 
 that the alleged practice on the part of the Confederate 
 authorities has ceased. 
 
 Before stating tho facts with reference to tho particular 
 negroes alluded to, I beg to explain tho policy pursued by 
 the Confederate Government towards this class of persons 
 when captured by our forces. 
 
 All negroes in the military or naval service of tho United 
 States taken by us, who are not identified as the property 
 of citizeus or residents of any of the Confederate Stati's, 
 are regarded as jirisoners of war, being held to be prope- 
 subjects of exchange, as I recently had the honor to inform 
 you. No labor is exacted from such prisoners by the Con- 
 federate authorities. 
 
 Negroes who owe service or labor to citizens or residents 
 of the Confederate Slates, and wdio, through compulsion, 
 persuasion, or liieir own accord, leave their owners and are 
 placed in tlie military or naval service of the United States 
 occupy a different position. 
 
 The rights to the service or labor of negro slaves in the 
 Confederate States is the same now as when the States were 
 members of the Federal Union. Tlie constitutional rela- 
 tions and obligations of the Confederate States to the ov. n- 
 ers of this species of property are the same as those so fre- 
 quently and so long recognized as tliose appertaining to lliir 
 Government of tlio~Uuited States with reference to the same 
 cliiss of persons by virtue of its organic law. 
 
 From the earliest period of the independence of the Ann-r- 
 icai; States it has been held that one of the diitirs incum- 
 Iieiit upon tlie several common goven'.ineiit'.j under which 
 tlity have from time to time been associated was the return 
 to their lawful owners of slaves recaptured from the public 
 
APPENDIX. 
 
 445 
 
 enemy. It hns been uniformly hold that tho capture or 
 ai'iiuctionof a slave does not impair tho rislit of the owner 
 to such a slave, but that the right attaches to him immedi- 
 ately on recapture. 
 
 Such w;;8 tho practice of the American States during 
 their struggle for independence. Tho tiovernment under 
 which they were then associated restored to the owners 
 slaves aUducted by tho British forces and subsequently re- 
 captured by the American armies. 
 
 In the war of ItilJ witli Great Britain the course pursued 
 by the United States Government w;;s tho same, and it 
 recognized tho right of tho owner to the slaves recaptured 
 from tho enemy. Both tho Continental and United States 
 Governments, in fact, denied that tho abduction of slaves 
 was a belligerent right; and tho latter Power insisted upon, 
 and ultimately secured by treaty, pecuniary indemnity from 
 the British Government for slaves taken by its forces during 
 the war of 1812. 
 
 And it is supposed that if a slave belonging to a citizen 
 of a State in which slavery is recognized, and which is re- 
 garded as one of the United States, were to escape into the 
 Confederate States, or be captured or abducted by their 
 armies, the legal right of the owner to reclaim him would 
 be as clear now as in 1S12, tho Constitution of the United 
 States bciii-; unchanged in this particular, and that instru- 
 ment having been interpreted in the judicial decisions, 
 legislative and diplomatic acts, and correspondence of the 
 United States, as imposing upon that Government the duty 
 of protecting, in all cases coming within the scope of its 
 authority, tho owners of slaves, as well as of any other kind 
 of property recognized as such by the several States. 
 
 The Confederate Government, bound by the same consti- 
 tutional obligations, considers, as that of the United did, 
 that the capture or abduction of a negro slave does not 
 preclude the lawful owner from reclaiming him when cap- 
 tured, and I an instructed to say that all such slaves, when 
 properly identified as belonging to citizens of any of the 
 Confederate St;ites, or to persons enjoying the protection of 
 their laws, will be restored, like other recaptured private 
 property, to those entitled to them. 
 
 Having endeavored to explain the general policy of the 
 Confederate Government with regard to this subject, I beg 
 leave to state the facts concerning the particuhu- transactions 
 referred to in the enclosed communications. 
 
 The negroes recently captured by our forces were sent 
 to Richmond with other Federal prisoners. After their 
 arrival it was discovered that a number of them were slaves 
 belonging to ciiizens or residents of some of the Confeder- 
 ate States; and of this class, lifty-nine, as I learn, were 
 sent, with other negroes, to work on the Ibrtiiications 
 around Richmond until their owners should appear and 
 claim them. As soon as I was informed of tho fact, less 
 than two days afterwards, not wishing to employ them 
 bore, I ordered them to be sent to the roar. By a misap- 
 prehension of the engineer officer in charge, they v/ere 
 transferred to our lines south of the James river, but when 
 apprizeil of the error, I repeated the order for their re- 
 moval. If any negroes were included among this number 
 who were not identified as the slaves of citizens, or resi- 
 dents of some of the Confederate States, they were so in- 
 cluded without tho knowledge or authority of the War De- 
 partment, as already explained, and the mistake, when dis- 
 covered, would have been corrected. 
 
 It only remains for me to say that negroes employed upon 
 our fortifications are not allowed to be placed where they 
 will be exposed to fire, and there is no foundation for any 
 statement to the contrary. Tho author of the communica- 
 tions referred to has considered himself justified by the 
 reports of two deserters, who do not allege that the uc-roes 
 in question were exposed to any danger, in placing our pris- 
 oners under the fire of our batteries. 
 
 In view of the e.xplanations of the practice of the Con- 
 federate Government above given, and of the statement of 
 facts I have made, I have now, in accordance with my in- 
 structions, respectfully to inquire whether the course pur- 
 sued toward our prisoners, as set forth in the accompany- 
 ing letters, has your sanction, and whether it wU be main- 
 tained ? 
 
 Very respectfully, yom- obedient servant, 
 
 K. E. LEE, General. 
 
 IIeadqu-uiters Akshes of the United St.\tes, 
 October 29, 1861. 
 Gen. R. E. Lee, C. S. A., 
 
 Commanding Army Northern Virginia : 
 General : Understanding from yoiu- letter of the 19th 
 that the colored prisonei-s who are employed at work in tho 
 trenches near i'ort Gilmer have been withdrawn, I have 
 directed the withdrawal of the Confederate prisoners em- 
 ployed in tho Dutch Gap canal. 
 
 I shall always regret the necessity of retaliating for 
 wrongs done our soldiers; but reg-ard it my duty to 
 protect all persons received into the army of the United 
 
 States, regardless of color or nationality. Wlien acknowl- 
 edged soldiei-s of the Government are captured they must 
 be treated as prisoners of war, or such treatment as they 
 receive will bo inflicted upon an equal number of prisoners 
 held by us. 
 
 I have nothing to do with the discussion of tho slavery 
 question ; tliorcforo decline auswei'ing tho arguments ad- 
 duced to show the right to return to former owners such 
 negroes as are captured from our army. 
 
 in answer to the question at the conclusion of your let- 
 ter, I have to state that all prisoners of war falling into 
 my hands shall receive the kindest treatment possible, con- 
 sistent with securing them, unless I have good authority 
 for believing any number of our men are being treated 
 otherwise. Then, painful as it may be to me, I shall in- 
 flict like treatment on an equal number of Confederate 
 prisoners. 
 
 Hoping that it may never become my duty to order re- 
 taliation upon any man held as a prisoner of war, I have 
 the honor to be, very respectfully, your obedient servant, 
 U. S. GRANT, 
 Lieutenant General. 
 
 Military Order Respecting the Elec- 
 tion in Missouri— (See p. 314.) 
 
 18G4, October 12 — Maj. Gen. Rosecrans is- 
 sued an order establishing the regulations for 
 the election in Missouri. The following are 
 passages from the order : 
 
 The General commanding expects the united assistance 
 of the true men of all parties in his efforts to secure a lull 
 and fair opportunity for all who are entitled to vote at the 
 approaching elections in the State of Missouri, and in exclu- 
 ding from the polls those who, by alienage, treason, gue- 
 rillaism, and other crimes and disabilities, have no j ust right 
 to vote. 
 
 I. Tliosc, and only those, who have the qualifications, 
 and who take the oath prescribed by tho laws of tho State, 
 copies of which are hereto annexed, shall vote. 
 
 Voting, or attempting to vote, in contravention of Law or 
 orders, is declared a military offence, subjecting the offen- 
 der to arrest, trial, and punishment, if convicted. 
 
 II. No one who has borne arms against tho Government 
 of the United States, or voluntarily given aid and comfort 
 to its enemies during the present rebellion, shall act as 
 judge or clerk at election; nor shall any county judge 
 knowingly appoint any such person to act as judge at elec- 
 tion. Violation of this will be promptly noticed, and the 
 otfenders lirought to trial by the local military authorities. 
 
 III. Outr.iges upon the freedom of election by violence 
 or intimidation: attempting to hinder legal or to procmro 
 or encourage illegal voting; interforiug with the legal 
 challenge of voters; acting as oflicors of election in contra- 
 vention of law or orders; wilful neglect to perform their 
 duties, under the laws and these orders, by officers of elec- 
 tions, and especially taking the voters' "or officers' oath 
 falsely ; and all other acts and words interfering with the 
 purity and freedom of elections, are crimes against tho 
 liberties of tho people, and are declared military offences, 
 and will be rigorously punished. 
 
 The oath is as provided in the ordinance of 
 the Convention of Missouri, and printed on 
 page 314. 
 
 Report of Hon. J. Holt, Judge Ad- 
 vocate General, on certain " Secret 
 Associations." 
 
 AVAR Department, Bureau of BIiutart Justice, 
 Washi.ngiox, D. C, October 8, 1864. 
 Hon. E. M. Stamox, Secretary of War: 
 
 Sir : Having been instructed by you to prepare a detailed 
 report upon tho niiiss of testimony furnished mo from dif- 
 ferent sources in regard to the Secret Associations and Con- 
 spiracies against the Government, formed, principally in the 
 Western States, by traitors and disloyal persons, I have 
 now the honor to submit as follows: 
 
 During more than a year ptist it h.Ts been generally 
 known to our military authorities that a secret treasonable 
 organization, affiliated with the Southern rebellion, and 
 chictly military in its character, has bf en rapidly extending 
 itself throuu'hout the AVest. A variety of agencies, which 
 will |ji' spiLified herein, have been employed, and success- 
 fully, to ascertain its nature and extent, as well as its aims 
 and its results ; and, as this invostjgation has led to the 
 arrest, in several States, of a number of its prominent 
 members as dangerous public enemies, it has been deemed 
 proper to sot forth iu full the acts and pm-posea of this 
 
4i6 
 
 Appendix. 
 
 organization, and thus to make known to the country at ■ 
 lar^re its intensely treasonable antl rcvolution;uy spirit. 
 
 The subject will be pres;'lited uiider the following heads: 
 I. The origin, liistory, names, &c., of tlie Order. 
 
 ir. Its orr,-;iniz:iti()n and officers. 
 
 III. Its extent and numbers. 
 
 IV. Its armod force. 
 
 V. Its ritual, oaths, and interior forms. 
 VI. Its written principles. 
 VII. Its specific purposes and operations. 
 VIII. The witnesses and their testimony. 
 
 I.— THE ORIGIN, HISTORY, N.\MES, ETC., OF THE ORDEE. 
 
 This secret association first developed itself in the West 
 in the year 186i, about the period of the first conscription 
 of troops, which it aimed to obstruct and resist. Originally 
 known in certain localities as the " Mutual Protection So- 
 ciety," the " Circle of Honor," or the '■ Circle," or " Knights 
 of the Mighty Host," but mure widely as the " Knights of 
 the Golden Circle," it was simply an inspiration of the re- 
 bellion, being little other than an extension among the 
 disloyal and disatfectod at the North of the association of 
 the latter name, which had existed for some years at the 
 South, and from which it derived all the chief features of 
 its organization. 
 
 During the summer and fall of 1S63, the Order, both at 
 the North and South, underwent some modifications as 
 well as a change of name. In consequence of a partial ex- 
 posure which had been made of the signs and ritual of the 
 '• Knights of the Golden Circle," Sterling Price had insti- 
 tuted as its successor in Missouri a secret political associa- 
 tion, whicli ho called the " Corps de Bclgique," or '■ South- 
 ern League:" Iiis principal coadjutor being Charles L. 
 Hunt, of St. Louis, then IJelgian Consul at that city, but 
 whose exequatur was subsequently revoked by the Presi- 
 dent on account of his disloyal practices. The special 
 object of the Corps de Eelgique appears to have been to 
 unite the Vubel sympathizers of Missouri, with a view to 
 their taUi:.g up arms and joining Price upon his proposed 
 grand inv usiou of that State, and to their recruiting for his 
 army in t ae interim. 
 
 Meanwaile, also, there had been instituted at the North, 
 in the au:umn of 18C3, by sundry disloyal persons, promi- 
 nent among whom were Vallandigham and P.C.Wright, 
 01 Nuw Yorli, a secret Order, intended to be general through- 
 out the cou.itry, and aiming at an extended influence and 
 power, and at mire positive results than its predecessor, 
 and which was termed, and has since been widely known 
 as the 0. A. K., or ^'■Order of American Knights." 
 
 The opinion is expressed by Col. Sanderson, Provost 
 Marshal General of the Department of Missouri, in his 
 ofhcial report upon the progre-s of this Order, that it was 
 founded by Vallandigham during liis banishment, andupon 
 consultation at Richmond with Davis and other promi- 
 nent traitors. It is, indeed, the boast of the Order in Indi- 
 ana and elsewhere, that its 'ritual" came direct from 
 Davis himself ; and Mary Ann litraan, formerly attached 
 to the command of the rebel Forrest, and a most intelligent 
 witness, wliose testimony will be hereafter referred to, 
 states positively that Davis is a member of the Order. 
 
 Upon the institution of tlio jirincipal organization, it is 
 represented that the " Corps de Bclgique " was modified by 
 Price, and became a southern sectioi of the 0. A. K., and 
 that the new name was generally adopted for the OrJer, 
 both at the North and South. 
 
 The secret signs and character of the Order having be- 
 come known to our militai-y authorities, further modifica- 
 tions in the ritual and forms were introduced, and its name 
 was finally changed to that of the 0. S. L., or " Order of 
 the Sons of Liberty" or the "linights of the Order of the 
 Sons of Liberty." These later changes are represented to 
 have been first instituted, a;id the new ritual compiled, in 
 the State of Indiana, in May last, but the new name was at 
 once generally adopted throughout the V^^at, though in 
 Bome localities the association is still better known as the 
 "Order of American Knights." 
 
 Meanwhile, also, the Order has received certain local des- 
 ignations. In parts of Illinois it has been called at times 
 the "Peace Organization," in Kentucky the " Star Organ- 
 ization," and in Missouri the "American Organization;" 
 these, however, being apparently names used outsideof the 
 lodges of the Order. Its membershave also been familiarly 
 designated as " Butternuts " by the country people of Illi- 
 nois, Indiani, and Ohio, and its separate lodges have also 
 frequently received titles intended for the public, ear; that 
 in Chicago, for instance, being termed by its members the 
 " Democratic Invinciblo Club ;" that ia Louisville, the 
 " Democratic Heading Iloom," &c. 
 
 It is to be added that in tho State of New York and other 
 parts of tlio North, tho secret jjolitical association known 
 as tho "J/cC/c/tan Minute G«a)-rf" would seem to bo a 
 branch of tho 0. A. IC, having substantially the samo 
 objects, to bo aceonipli.--hed, however, by means expressly 
 suited to the localities in which it is established. 'Sot, as 
 
 the Chief Secretary of this association. Dr. U. F. Stevens,* 
 stated in June last to a reliable witness, whoso testimony 
 his been furnished, '•those who represent iho JlcClellan 
 interest are compelled to preach a vigcrnis pn secution of 
 the war, in order to secure the popular sentiment and 
 allure voters." 
 
 II. — ITS ORGANIZATION AND OFFICERS. 
 
 From printed copies, heretofore seized by the Government, 
 of tho constitutions of the Supremo Cuuncil, Gr^ind Coun- 
 cil, and Connty Paront Temples, reFpcctively, of tho Order 
 of Sons of Liberty, in connection with olhor and abundant 
 testimony, the organization of the Order, in its latest lorm, 
 is ascertained to bo as follows : 
 
 1. The government of the Order throughout tho United 
 States is vested in a Supreme Council, of which the officers 
 are a Supreme Conimande -, Secretary of State, and Treas- 
 urer. These officers arc elected for one year, at tho annual 
 meeting of the Supremo Council, which is m.ido up of the 
 Grand Commanders of the several States ex ifficio. and two 
 delegates elected from each Stale in which the Order is es- 
 Ublishod. 
 
 2. Tho government of the Order in a State is vested in a 
 Grand Council, the officers of which arc a Grand Com- 
 mander, Deputy Grand Commander, Grand Secretary, 
 Grand Treasurer, and a certain number of Major Generals, 
 or one for each Military District. These officers also are 
 elected annually by "representatives" from the County 
 Temples, each Temple being entitled to two representatives, 
 and one additional for each thousand members. This body 
 of representatives is also invested with certain legislative 
 functions. 
 
 3. The Parent Temple is tho organization of tho Order 
 for a county, each Temple being formally instituted by 
 authority of tho Supreme Council, or of the Grand Cotincil 
 or Grand Commander of the State. By the same authority, 
 or by that of the officers of tho Parent Temple, branch or 
 subordinate Temples may be established for townsliips in 
 the county. 
 
 But the strength and significance of this organization lie 
 in its military character. Tho secret constitution of the 
 Supreme Council provides that the Supremo Commander 
 " s/iall. be commander-in-chief nf all military forces belonping 
 to the Order in Vie various States when called into actual ser- 
 
 * ISITER OF R. F. STEVEN.S. 
 
 New York, Oct. 17. 
 To the Editor of the World : 
 
 Dear Sib : In Judge Holt's report to tho Secretary of 
 War, just published, statements arc mado, to tho elfect that 
 the Minute Guard Association is a secret organization. 
 Second, That its objects arc identical with the traitorous 
 objects of an alleged Northwestern association. Third, 
 That it is a branch of the 0. A. K. Fourth, That I said in 
 June, that " those who ropros:?ut the McClcllan interest are 
 compejied to preach a vigorous prosecution of the war, in 
 order to secure the popular sentiment, and allure voters." 
 None of the members of the association ever held a secret 
 meeting, and nothing of a secret or traitorous nature was 
 ever connected with it. It was never connected with the 
 0. A. K., or any other association. Its mcinbers were never 
 compelled to " preach," as alleged, and all tho above state- 
 moats of Judge Holt are absolute and entire falsehoods. 
 Mr. Greeley, in his editorial of tho 15th instant, makes a 
 like statement, to the effect that the Miniito Guard is con- 
 nected with the alleged Northwestern conspiracy, and pa- 
 rades my name with the evident intent of fixing upon me 
 the character of a traitor. Tho whole of which are base 
 insinuations and fabrications, and worthy of tbo man who 
 wrote of our national flag, ''Tear down the flaunting lie," — 
 and of the slave Slates, thatlhoy had a clear right to se- 
 cede, and he would oppose all coercive attempts to keep 
 them in. 
 
 The Minute Guard is an association for crdiniry political 
 campaign work. It has no secrets like the oath-bound 
 Loyal (?) League. On public occasions, each member car- 
 ries, or wears, the American flag. On elf ctiou days they 
 wort for votes ; and tho results of their work will be seen 
 allover the Uuiou,as it has bocu scon in the recent elec- 
 tion in Pennsylvania. 
 
 In these labrications of Judge Holt and Mr. Greeley ; in the 
 low buflboacry contained in the answer to the recent com- 
 munication from th3 Union me'J of Tennessee ; in the un- 
 paralleled election frauds in Indiana; in the open boasts of 
 a company of Massachusetts soldiers that they voted at sev- 
 eral of the polls in Philadelphia ; in the discharge of work- 
 men at tho navy-yard for being in favor of McClellan ; in 
 the thousands of arbitrary arrests, and tho hundreds of 
 suppressions of a hitherto free press, all men may see that 
 the re-election of Mr. Lincoln, and the continuance in pow- 
 er of such men as support liiin, wdl be the most unmitiga- 
 ted curse over inflicted upon a free people. 
 
 Yours, &c., 11. F. STEVENS. 
 
APPENDIX. 
 
 447 
 
 v!ce ;" and further, that the Grand Commanders " shall be I 
 coiiiinanders-in-cldef of Uie miLtari/ fmces of their respective 
 S-atcs." Subordinute to the (iiand Commander in tlie 
 State are the '' Major Giierals," each of whom commands 
 hi-i separate district and army. In Indiana the M;:jor tieri- 
 erals are four in number. la Illinois, where the orj,'aniza- 
 tion uf the order is considered most perfect, the mcmliors 
 in each Congressional District compose a "brigade." wliich 
 is commanded by a " Brigadier General." The members 
 of each couuty constitute a '•rerjiment," ysHh-j.'^- colonel." 
 in command, and those of each township form a "■company." 
 A somewhat similar system prevails in Indiana, where also 
 e.ach company is divided into "squads," each with its chief 
 — an arrangement intended to facilitato the guerilla mode 
 of warfare iu ease ot a general outbreak or local disorder. 
 
 The " McClellan Minute Guard," as appears from a circu- 
 lar issued by the Chief Secretary in New York in March 
 last, is organized upon a military basis similar to that of 
 the Order proper. It is composed of companies, one for 
 each ele Van district, ten of which constitute a " brigade," 
 with a ••liri;adier general" at its head. The whole is 
 placed under the authority of a " Commander-in-chief." A 
 strict obedience on the part of members to the orders of 
 their superiors is enjoined. 
 
 The first '• Supreme Commander " of the Order was P. C. 
 Wright, of New York, editor of the New York News, who 
 was in May last placed iu arrest and confined in Fort 
 Lafayette. His succes:or in office was Vallandigham,* who 
 was elected at the annual meeting of the Supreme Council 
 in February last. Robert Holloway, of Ilhnois, is repre- 
 sented to have acted as Lieutenant Genera], or Deputy 
 Supreme Commander, during the absence of Vallandigham 
 from the country. The Secretary of State chosen at the 
 hist election w;is Dr. Massey, of Ohio. 
 
 In Missouri the principal officers were Charles L. Hunt, 
 Grand Commander, Charles E. Dunn, Deputy Grand Com- 
 mander, and Green B. Smith, Grand Secretary. Since the 
 arrest of these three persons (all of whom have made con- 
 fessions which will be presently alluded to) James A. Bar- 
 rett has, as it is understood, officiated as Grand Commander. 
 Ho is stated to occupy also the position of chief of staff to 
 the Supreme Commander. 
 
 The Grand Commander in Indiana, H. H. Dodd, is now 
 on trial at Indianapolis by a military commission for "con- 
 BDiracy against the Government," " violation of the 'aws of 
 war," and other charges. The Deputy Grand Commander 
 in that State is Horace Heffren, and the Grand Secretary, 
 W. M. Harrison. The Major Generals are W. A. Bowles, 
 John C. Walker, L. P. Milligan. and Andrew Humphreys. 
 Among the other leading men of the Order in that State are 
 Dr. Athon, State Secretary, and Joseph Ristine, State Audi- 
 tor. 
 
 The Grand Commander in Illinois is Judd, of Lewis- 
 town ^ and B. B. Pijier, of Springfield, who is entitled 
 " Grand Missionary" of the Stxite, and designated also as a 
 member of Vallandigham's staff, is one of the most active 
 members, having been busily engaged throughout the sum- 
 mer in establishing Temples and initiating members. 
 
 In Kentucky, Judge Bullit, of the Court of Appeals, 
 is Grand Commander, and, with Dr. TJ. F. Kalfus and 
 W. R. Thomas, jailor in Louisville, two other of the most 
 prominent members, has been arrested and confined by 
 the military authorities. In New York, Dr. R. F. Stevens, 
 the chief secretary of the McClcUau Minute Guard, is the 
 most active ostensible representative of the Order. 
 
 The greater part of the chief and subordinate officers of 
 the Order and its branches, as well as the principal mem- 
 bers thereof, are known to the Government, and, where not 
 already arrested, may regard themselves as under a con- 
 stant military surveillance. So complete hits been the expo- 
 ture of this secret league, that however frequently the con- 
 spirators may change its names, forms, passwords, and 
 signals, its true purposes and operations cannot longer be 
 concealed from the military authorities. 
 
 It is to bo remarked that the Supreme Council of the 
 Order, which annually meets on February 22, convened this 
 year at New York city, and a special meeting was then ap- 
 pciuted to be held at Chicago on July 1, or just prior to the 
 day then fixed for the convention of the Democratic party. 
 This convention having been postponed to August 29, the 
 special meeting of the Supreme Council was also postponed 
 to August i;7. ;u the same place, and was duly convened ac- 
 cordingly. It will be remembered that a leading member 
 of the eonvenlion. iu the course of a speech made before 
 that body, .illul- d approvingly to the session of the Sons of 
 Liberty at Chicago at the same time, as that of an organi- 
 zation ill harmony with the sentiment and projects of the 
 convention. 
 
 It may be observed, in conclusion, that one not fully ac- 
 quainted with the true character and intentions of the 
 Order might well suppose that, in designating its officers by 
 high milit;vry titles, and in imitating in its organization 
 
 Mr. Vallandigham's notice of this report, see page 423. 
 
 that established in our armies, it was designed merely to 
 render itself more popular and attractive with the miisses, 
 and to invest its chills with a riTtaiu sham dignity; but 
 when it is undi-r-i. m>i ihni Mi. '\ I i > .m. : i~. wiihin itself 
 a large army n I" \, ., i c ..Ijd and ex- 
 
 ercised as soldi' r , i I ' . , ! , i.(i(ly at any 
 
 time for such fii-^ ;M ■ i i-;,,,! :.. ciilu :y iuithorities, 
 
 and such active co-operation with the piilili;- enemy, as it 
 may be called upon to engage in by its cummanders, it will 
 be perceived that the titles of the latter are not assumed 
 for a mere purpose of display, but they are the chief's of an 
 actual and formidable force of conspirators against the life 
 of the Government, and that their military system is. as it 
 has been remarked by Colonel Sanderson, •' the grand lever 
 used by the rebel Government for its army operations." 
 
 in." 
 
 -ITS EXTENT AND NUSIBEES. 
 
 The "Temples" or "Lodges" of the Order are numei^ 
 ously scattered through tlie States of Indiana, Illinois, 
 Ohio, Missouri, and Kentucky. They are also officially re- 
 ported as established, to a less extent, in Michigan and the 
 other Western States, as well as in New York, Pennsyl- 
 vania, New Hampshire, Rhode Island, Connecticut. New 
 Jersey, Maryland, Delaware, and Tennessee. Dodd, the 
 Grand Commander of Indiana, in an address to the mem- 
 bers in that State of February last, claims t lat at the next 
 annual meeting of the Supreme Council (in February, 1865) 
 every State in the Union will be represented, and adds, 
 " this is the first and only true national organization the 
 Democratic and Conservative men of the country have ever 
 attempted." A provision made iu the constitution of the 
 Council for a represeutiition from the Territories, shows, 
 indeed, that the widest extension of the Order is contem- 
 plated. 
 
 In the States first mentioned the Order is most strongly 
 centred at the following places, where are situated ita 
 principal " Temples." In Indiana, at Indianapolis and Vin- 
 cennes; in Illinois, at Chicago, Springfield, and Quincy, (a 
 large proportion of the lodges in and about the latter place 
 having been founded by the notorious guerilla chief. Jack- 
 man;) in Ohio, at Cincinnati, Dayton, and in Hamilton 
 county, (which is proudly termed by members " the South 
 Carolina of the North ;") in Missouri, at St. Louis ; In Ken- 
 tucky, at Louisville ; and in Jlichigan, at Detroit, (whence 
 communication was freely had by the leaders of the Order 
 •with Vallandigham during his banishment, either by letters 
 addressed to liim through two prominent citizens and 
 members of the Order, or by personal interviews at Wind- 
 sor, C. W.) It is to be added that the regular places of 
 meeting, as also the principal rendezvous and haunts of the 
 members in these and less important places, are generally 
 well known to the Government. 
 
 The actual numbers of the Order have, it is believed, 
 never been officially reported, and cannot, therefore, be 
 accurately ascertained. Various estimates have been made 
 by leading members, some of which are no doubt consider- 
 ably exaggerated. It has been asserted by delegates to the 
 Supreme Councl of February last, that the number was 
 there represented to be from 800,000 to 1,000,003; but Val- 
 landigham, in his speech hist summer at Dayton, Ohio, 
 placed it at 500,000, which is probably much nearer the 
 true total. The number of its members in the several 
 States has been differently estimated in the reports and 
 statements of its officers. Thus, the force of the Order in 
 Indiana is stated to be from 75,000 to 125,000; in Illinois, 
 from 100,000 to 1-10,003; in Ohio, from 80,000 to 108,000; in 
 Kentucky, from 40,000 to 70,000; in Missouri, from 20,000 
 to 40,000; and iu Michigan and New York, about 20,000 
 each. Its representation in the other States above men- 
 tioned does not specifically appear from the testimony; 
 but, allowing for every exaggeration in the figures reported, 
 they may be deemed to present a tolerably faithful view of 
 what, at least, is reg-arded by the Order as its true force in 
 the States designated. 
 
 It is to be noted that the Order, or its counterpart, is 
 probably much more widely extended at the South even 
 than at the North, and that a largo proportion of the offi- 
 cersof the rebel armyare represented by credible witnesses 
 to be members. In Kentucky and Missomi the Order hiis 
 not hesitated to admit as members, not. only officers of that 
 army, but also a considerable number of guerillas, a class 
 who might be supposed to appreciate most readily its spirit 
 and purposes. It is fully shown that as latidy as in July 
 last several of these ruffians were initiated into the first 
 degree by Dr. Kalfus, in Kentucky. 
 
 IV.— ITS ARMIJD FORCE. 
 
 A review of the testimony in regard to the armed force 
 of the Order will materially aid in determining its real 
 strength and numbers. 
 
 Altliough the Order has from the outset partaken of the 
 military charsicter, it was not till the summer or fall of 
 1863 that it began to be generally organized as an armed 
 body. Since that date its officers and leaders have been 
 
448 
 
 APPENDIX. 
 
 busily engaged in placing it npon a military basis, and in 
 prepiiring it for a revolutiouai-y movement. A general 
 system of drilling has been instituted and secretly carrifd 
 out. Members have been instructed to be constantly 
 provided with weapons, and in some localities it has been 
 absoluttly required that each member should keep at his 
 residence, at all times, certain arms and a specified quanti- 
 ty of ammunition. 
 
 In March last the entire armed force of the Order, capa- 
 ble of being mobilized for effective service, was repre- 
 sented to bo 1140,000 men. As the details upon which this 
 statement was biised are imperfectly set forth in the testi- 
 mony, it is not ijnown how far this number may be exag- 
 gerated. It is abundantly shown, however, that the Order, 
 by means of a tax levied upon its members, has accumu- 
 lated considerable funds for the purchase of arms and 
 ammunition, and that these have been procured in large 
 quantities for its use. The witness Clayton, on the trial of 
 Dodd, estimated that two-thirds of the Order are furnished 
 with arms. 
 
 Green U. Smith, Grand Secretary of the Order in Mis- 
 souri, states in his confession of July last: '-J know that 
 arms, mostly revolvers, and ammunition have been pur- 
 chased by members in St. Louis to send to members in the 
 country where they could not be had;" and he subse- 
 quently adds that he himself alone clandestinely pur- 
 chased and forwarded, between April 15th and 19th last, 
 about 200 revolvers, with 5,000 percussion caps and other 
 ammunition. A musttr-roU of one of tlio country lodges 
 of that State is exhibited, in which, opposite the name of 
 each member, are noted certain numbers, under the heads 
 of " Missouri Republican," " St. Louis Union," " Anzeiger," 
 "Miscellaneous Periodicals," "Books," "Speeches," and 
 " Reports ;"' titles which, when interpreted, severally sig- 
 nify single-harrelled guns, double-barrelled guns, revolvers, 
 fifivate- ammunition, private lead, company pmuder, compa- 
 ny lead — the roll thus actually setting forth the amount of 
 arms and ammunition in the possession of the lodge and its 
 members. 
 
 In the States of Ohio and Illinois the Order is claimed by 
 its members to be unusually well armed with revolvers, 
 carbines, &c.: but it is in regard to the arming of the Order 
 in Indiana tliatthe principal statistics have been presented, 
 and those may serve to illustrate the system which has 
 probably been pursued in most of the States. One intelli- 
 gent witness, wlio has been a member, estimates that in 
 March last there were in possession of the Order in that 
 State 6,000 muskets and 60,000 revolvers, besides private 
 arms. Another member testifies that at a single lodge 
 meeting of two hundred and fifty-two persons, which he 
 attended early in the present year, the sum of $4,000 was 
 subscribed for arms. Other members present statements in 
 reference to the number of arms in their respective counties, 
 and all agree in representing that these have been con- 
 stantly forwarded from Indianapolis into the interior. 
 Beck & Brothers are designated as the firm in that city to 
 which most of the arms were consigned. These were 
 shipped principally from the East ; some packages, however, 
 were sent from Cincinnati, and some from Kentucky, and 
 the boxes were generally marked " pick-axes," "hardware," 
 " nails," " household goods," &c. 
 
 General Carriugton estimates that in February and 
 March last, nearly 30,000 guns and revolvers entered the 
 State, and this estimate is based upon actual inspection of 
 invoices. The true number introduced was therefore pro- 
 bably considerably greater. That officer adds that on the 
 day in which the sale of arms was stopped by his order, in 
 Indianapolis, nearly 1,000 additional revolvers had been 
 contracted for, and that the trade could not supply the de- 
 mand, lie further reports that after the introduction of 
 aims into the Department of the North had been prohibited 
 in General Orders of March last, a seizure was made by the 
 Government of a largo quantity of revolvers and 135,000 
 rounds of ammunition, which had been shipped to the firm 
 in Indianapolis, of which II. II. Dodd, Grand Commander, 
 was a member ; that other arms about to be shipped to the 
 Bamo destination were seized in New York city; and that 
 all these wore claimed iis the private property of John C. 
 Walker, one of the Major Generals of the Order in Indiana, 
 and wero represented to have been '■'■purchased for a few 
 friends." It should also be stated that at the office of lion. 
 D. W. Voorhees, M. C, at Terre Haute, were discovered let- 
 ters which disclosed a correspondence between him and ex- 
 Senator Wall, of New Jersey, in regard to the purchase of 
 20,000 Garibaldi rifles, to bo forwarded to the West. 
 
 It appears in the course of the testimony that a consider- 
 able quantity of arms and ammunition were brought into 
 the State of Illinois from BurliuEton, Iowa, and that am- 
 munition was sent from New Albany, Indiana, into Ken- 
 tucky ; it is also represented that, had Vallandigham been 
 arrested on his return to Ohio, it was contemplated fur- 
 nishing the Order with arms from a point in Canada, near 
 Windsor, where they were stored and ready for use. 
 There remains further to bo noticed, in this connexion, 
 
 the testimony of Claytoti npon the trial of Dodd, to the 
 
 efftct that arms were to be furnished the Order li-qm Nas- 
 sau, N. v., by way of Canada; that, to defray the expense 
 of these arms or their transportation, a Ibrmal assessment 
 was levied upon the lodges, but that the transportation 
 into Canada was actually to be furnished by the Confed- 
 erate authorities. 
 
 A statement was made by Hunt, Graud Commander of 
 Missouri, before his arrest, to a fellow member, that shells 
 and all kinds of munitions of war, as vvcil as iui'ernal ma- 
 chines, were manufactured by the Order at Indianapolis; 
 and the late discovery in Cmcinuati of sam|)lcs of hand- 
 grenades, conical shells, and rockets, of which one thou- 
 sand were about to be manulaclured, under a special con- 
 tract, for the 0. S. L., goes directly to verify such a state- 
 ment. 
 
 These details will convey some idea of the attempis 
 which have been made to place the Order upon a war foot- 
 ing and prepare it for aggressive movements. But, not- 
 withstanding all the efforts that have been pnt forth, and 
 with considerable success, to arm and equip its members 
 as fighting men, the leaders have felt themselves still very 
 deficient in their armament, and numerous schemes for in- 
 creasing their armed strength have been devised. Thus, 
 at the time of the issuing of the general order in Missouri 
 requiring the enrollment of all citizens, it was projwsed iu 
 the lodges of the 0. A. K., at St. Louis, that ceitaia mem- 
 bers should raise companies in the militia, in their respec- 
 tive wards, and thus get command of as many Government 
 arms and equipments asijossible, for the future use of the 
 Order. Again it was proposed that all the members should 
 enroll themselves in the militia, instead of paying commu- 
 tation, in this way obtaining possession of Unit' d States 
 arms, and having the advantage of the drill and military 
 instruction. In the councils of the Order in Kentucky, in 
 June last, a scheme was devised for disarming all the negro 
 troops, which it was thought could be done without much 
 difficulty, and appropriating their arms for military pur- 
 poses. 
 
 The despicable treachery of these proposed plans, as 
 evincing the animus of the conspiracy, need not be com- 
 mented upon. 
 
 It is to l3e observed that the Order in the State of Missouri 
 has counted greatly upon support from the enrolled mili- 
 tia, incase of an invasion by Price, as containing many 
 members and friends of the 0. A. K. ; and that the " Faw- 
 Paw militia," a military organization of Buchanan couniy, 
 as well as the militia of Platte and Clay counties, known as 
 " Flat Fools," have been relied upon, almost to a man, to 
 join the revolutionary movement. 
 
 v.— rrs KnuAL, oaths, and interior forms. 
 The ritual of the Order, as well as its secret signs, pass- 
 . words, &c.,has been fully made known to the military au- 
 thorities. In August last one hundred and twelve copies of 
 the ritual of the 0. A. K. were seized in the office of Hon. 
 D W. Voorhees, M. C, at Terre Haute, and a large number 
 of rituals of the 0. S. L., together with copies of the Constitu- 
 tions of the councils, &c., already referred to, were found 
 in the building at Indianapolis, occupied by Dodd, the 
 Grand Commander of Indiana, as had been indicated by 
 the Government witness and detective, Stidger. Copies 
 wore likewise discovered at Louisville, at the residence of 
 Dr. Kalf us, concealed within the mattress of his bed, where 
 Stidger had ascertained that they were kept. 
 
 The ritual of the 0. A. K. has also been furnished by the 
 authorities at St. Louis. From the ritual, that of the O. S. L. 
 does not materially differ. Both are termed "progressive," 
 in that they provide for five separate degrees of member- 
 ship, and contemplate the admission of a member of a lower 
 degree into a higher one only upon certain vouchers and 
 proofs of fitness, which, with each ascending degree, are 
 required to be stronger and more imposing. 
 
 Kach degree has its commander or head : the Fourth or 
 "Grand " is the highest in a State ; the Fifth or "Supreme" 
 the highest in the United States; but to the first or lower 
 degree only do the great majority of members attain. A 
 large proportion of these enter the Order, supposing it to 
 bo a " Democratic " and political association merely; and 
 the history of the Order furnishes a most striking illustrar 
 tion of the gross and criminal deception which may be 
 practiced upon the ignorant masses by unscrupulous and 
 unprincipled leaders. The members of the lower degree 
 are often for a considerable period kept quite unaware of 
 the true purposes of their chiefs. But to the latter they 
 arc bound, in the language of their obligation, " to yield 
 prompt ami implicit obedience to the utmost nf their ability, 
 without re'monstrance, hesitation, or delay," and meanwhile 
 their minds, under the discipline and teachings to which 
 they are subjected, become educated and accustomed to 
 contemplate with comparative unconcern the treason for 
 which they are preparing. 
 
 The oaths, "invocations," "charges," &c., of the ritual, 
 expressed as they are in bombastic and extravagant phnise- 
 
APPENDIX. 
 
 419 
 
 ology, would excite in tlie mind of an edncated person only 
 r.diculu and contempt, but upon the illiterate they are c:il- 
 culated to make a deep impression, tliu efiftct and import- 
 ance of which were doubtless fully studied by the friimers 
 of the instrument. 
 
 The nath which is administered upon the introduction of 
 a member into any degixe is especially Imposing in its lan- 
 guage; it prescribes as a penalty for a \'iolation of the 
 obligation assumed " a sliameful death," and further, that 
 the body of the person guilty of such violation shall be 
 divided into four parts and cast out at the four " gates." of 
 the Temple. Not only, as has been said, does it enjoin a 
 blind obedience to the commands of the superiors of the 
 Order, but it is requued to be held of paranumnt obligaticm 
 to any oath which may be administered to a member in a 
 court of justice or elsewhere. Thus, in cases where mem- 
 bers have been sworn by officers empowered to administer 
 oaths to speak the whole truth in answer to questions tliat 
 may be put to them,and have then been examined in reference 
 to the Order, and their connection therewith, they have not 
 only refused to give any information in regard to its char- 
 acter, but have denied tliat they were members, or even 
 that they knew of its existence. A conspicuous instance 
 of this is presented in the cases of Hunt. Dunn, and Smith, 
 the chief officers of the Order in Missouri, who, upon their 
 first examinatign under oath, after their arrest, denied all 
 connection with the Order, but confessed, also under oath, 
 at a subsequent period, that this denial was wholly false, 
 although in accordance with their obligations as members. 
 Indeed, a deliberate system of deception in regard to the 
 details of the conspiracy is inculcated upon the members, 
 and studiously pursued; and it may bo mentioned, as a 
 similarly despicable feature of the organization, that it is 
 held bound to injure the Administration and officers of the 
 Goveroment, in every possible manner, by misrepresenta- 
 tion and falsehood. 
 
 Members are also instructed that their oath of n- ember- 
 ship is to be held paramount to an oath of allegiance, or 
 any other oath which may impose obligations inconsistent 
 with those wliich are assumed upon entering the Order. 
 Tims, if a member, when in danger, or for the purpose of 
 facilitating some traitorous design, has taken the oath of 
 allegiance to the United States, he is held at liberty to 
 violate it on the first occasion, his obligation to the Order 
 being deemed superior to any consideration of duty or loy- 
 alty prompted by such oath. 
 
 It is to be added that where members are threatened with 
 the penalties of perjury, in case of their answering falsely 
 to questions propounded to them in regard to the Order 
 before a court or grand jury, they are instructed to refuse 
 to answer such questio'ns, alleging, as a ground for their 
 refusal, that their answers may a-iminaie themselves. The 
 testimony shows that this coui'se has habitually been pur- 
 sued by members, especially in Indiana, when placed in 
 such a situation. 
 
 Besides the oaths and other forms and ceremonies which 
 have been alluded to, the ritual contains what are termed 
 " Declarations of Principles." These declarations, which 
 are most important as exhibiting the creed and chanicter 
 of the Order, as inspired by the principles of the rebellion, 
 will be fully presented under the next branch of the sub- 
 ject. 
 
 The signs, siffnals, passivords, &c., of the Order are set 
 forth at kngth'in the testimony, but need only be briefly 
 alluded to. It is a significant fact, as showing the intimate 
 relations between the Northern and Southern sections of 
 the secret conspiracy, that a member from a Northern State 
 is enabled to pass without risk through the South by the 
 use of the signs of recognition which have been established 
 tliroughout the Order, and by means of which memb(>rs 
 from distiint points, though meeting as strangers, are at 
 once made known to each other as " brothers." Mary Ann 
 Pitman expressly states in her testimony that whenever 
 important despatches are required to be sent by rebel gen- 
 erals beyond their lines, members of the Order are always 
 selected to convey them. Certain passwords are also used 
 in common in both sections, and of these, none appears to 
 be more familiar than the word "Nu-oh-lac," or the name 
 " Calhoui' ■■ spelt backward, and which is employed upon 
 entering a Temple of the first degree of the 0. A. K. — cer- 
 taiuly a fitting password to such dens of treason. 
 
 Beside the signs cf recognition, there are siVnjo/u)am?n5' 
 and (ia7igei;f'ji- use at night as well as by day; as, for 
 instance, signs to warn members of the approach of United 
 States officials seeking to make arrests. The Order has also 
 established what are tailed hatlle-xiynals, by means of which, 
 as it is asserted, a member serving in the army may com- 
 municate with the enemy in the field, and thus escape per- 
 sonal harm in case of attack or capture. The most recent 
 of these signals represented to liavc been adopted is a five- 
 pointed copper star, worn under the coat, w liich is to be 
 disclosed upon meeting an cn'niy, who will 'luis recognize 
 in the wearer a sjTnpathizer and an ally. A similar star of 
 Germau silver, bung in a frame, is said to be numerously 
 29 
 
 displayed by members or their families in private houses in 
 Inili.iua, for the purpu.so of insuring protection to their 
 property in case of a raid or otlicr attack; and it is stated 
 tiiat in many dwellings in that State a portrait of John 
 Morgan is exhibited for a similar puri)cse. 
 
 Oiher signs are used by members, and especially the 
 officers of the Order in their correspondence. Their letters, 
 when of an official character, aro generally conveyed by 
 special mc.sengers, but when transmitted through the mail 
 aro usually in cipher. When written in the ordinary man- 
 ner, a character at the foot of the letter, consisting of .i 
 circle with a line drawn across tho centre, signifies to the 
 member who receives it that the statements as written ivre 
 to bo understood in a sense directly the opposite to that 
 whicli would ordinarily be conveyed. 
 
 It is to be added that the meetings of the Order, espe- 
 cially in tho country, are generally held at night and in 
 scK^luded places, and that tho approach to them is carefully 
 guarded by a line of sentinels, who are passed only by 
 mi?ans of a special eounlersign, which is termed the 
 '• picket." 
 
 VI.— ITS WRITTEN PRINCIPLES. 
 
 The "Declaration of Principles," which is set forth in the 
 ritu;,l of the Order, has already Ijeen alluded to. This de- 
 claration, which is specially framed for tho instruction of 
 the great mass of members, commences with tho following 
 proposition : 
 
 "All men are endowed by the Creator mth certain rights, 
 equal as far as there is equality in tlie capacity for the ap- 
 preciation, enjoyment, and exercise of those rights." And 
 subsequently there is added : " In the Divine economy no 
 individual of the human race must be permitted to oncum- 
 hor the earth, to m:ir its aspects of transcendent beauty, 
 nor to impede tho progress of the physical or intellectual 
 man, neither in himself nor in the race to whicli he belongs. 
 Hence, a people, upon whatever plane they may bo found 
 in the ascending sci'.lo of humanity, whom neither the di- 
 vinity within them nor the inspirations, of divine and 
 beautiful nature around them can impel to virtuous action 
 and progress onward and upward, should bo s-ubjected to a 
 just and humane servitude and tutelage to the superior 
 race until they shall bo able to appreciate the benefits and 
 advantages of civilization." 
 
 Here, expressed in studied terms of hypocrisy, is the ^ 
 whole theory of human bondage — the right of the strong, 
 because they are strong, to despoil and enslave the weak, 
 because they are weak ! The languages of earth can aild 
 nothing to the cowardly and lo.ithsome baseness of the doc- 
 trine, as thus announced. It is the robber's creed, sought 
 to be nationalized, and would push back the Iiand on tho 
 dial plate of our civilization to the daritest periods of hu- 
 man Listory. It must bo admitted, however, that it furn- 
 ishes a fitting " corner-stone" for the government of a re- 
 bellion, every fibre of whose body and every throb of whose 
 soul is born of the traitorous ambition and slave-pen inspi- 
 rations of the South. 
 
 To these detestable tenets is added that other pernicious 
 political theory of State sovereignty, with its necessary 
 fruit, the monstrous doctrine of secession — a doctrine which, 
 in fisserting that in our federative system a part is greater 
 than the whole, would compel the General Government, 
 like a Japanese slave, to commit hari-kari whenever a faith- 
 less or insolent State should command it to do so. 
 
 Thus, tho ritual, after reciting that tho States of the 
 Union are " free, independent, and sovereign," proceeds as 
 follows : 
 
 "The government designated 'The United States of 
 America' has no sovereignty, because that is an attribute 
 with which the people, in tlieir several ani distinct politi- 
 cal organizations, are endowed and is inalienable. It w.ts 
 constituted by the terms of the compact, by all the States, 
 through the express will of the people thereof, respectively 
 — a common agent, to use and exercise certain named, spe- 
 cified, defined, and liinlt.d powers which are inherent of 
 the sovereignties \ i) ii!. ii, e States. It is permitted, so 
 far as regards i I - ■ i iitions, as common agent in 
 
 theexercise of I ' r UiUy and jealously delega- 
 
 ted to it, to cnll il li I 'MIC,' but not ' sovereign.' In 
 accordance wilii the principles upon which is founded 
 tho American theory, government can exercise only delega- 
 ted power ; lience, if those who shall have been chosen to 
 administer the government shall assume to exercise powers 
 not delegated, they should be regarded and treated as usur- 
 pers. The reference to ' inherent power,' ' war power,' or 
 'military necessity,' on the part of the functionary for the 
 sanction of an arbitrary exercise of power by him, we will 
 not accept in palliation or excuse." 
 
 To this is a<lded, as a corollary, "it is incompatible with 
 the history and nature of our system of government that 
 Federal authority should coerce by arms a sovereign State." 
 
 The declaration of principles, however, does not stop here, 
 but proceeds one step further, as follows: 
 
 " Whenever tho chosen officers nr delegates shall fail or 
 
450 
 
 APPENDIX. 
 
 refuse to administer the Government in strict accordance ] general purpose of co-operating with the rebellion may 
 ■with the letter uf the uceopted Ooastitution, ii is the iuUe- | readily be inferred, and, 'in fact, those principles could logi- 
 
 rcnt riglit iind the solemn und i^Ilpe^ativl.^ duty of the 
 pie to I csist the functionaries, and, if need be, to expei 
 by force of arms ! Sucli resistance is not revolution, but 
 is solely the assertion of right — the exercise of all the no- 
 ble attributes wiiich impart honor and dignity to mtai 
 hood." 
 
 To tho same effect, though in a milder tone, is the plat- 
 form of the order in Indiana, put forth by the Uraud Coun- 
 cil at their meeting in February last, which declares 
 that " tlio right to alter or aholish their government, when- 
 ever it fails to secure the blessings of liberty, is one of tlie 
 iualienablo rights of the ptople that can nevei be surren- 
 dered." 
 
 Such, then, are the principles which the new member 
 swears to observe and abide by in his obligation, set forth 
 in tlie viiUid, where he says: '■ I do solemnly promise that 
 I will ' , I: i i 1: iu my heart of hearts the sublime crted 
 of tli< ' K .::. il cut Knights,) and will, so fer as in me 
 lies, i! 1 line in my intercourse with men, and 
 
 v.'ill ,!i , I:-, ih. ]'i inriples ttiereof, if need be, with my lii'e, 
 whcu^^o^v(•r assailed, iu my own country first of all. I do 
 further solemnly declare that I will never take up arms in 
 behalf of any government which does not acknowledge the 
 Bole authority or power to be the will of the governed." 
 
 The following extracts from the ritual may also be 
 quoted as illustrating the principle of the right of rovolu- 
 tiiin and resistance to constituted authority insisted upon 
 by the Order: 
 
 " Our swords shall be unsheathed whenever the great 
 principles which wo aim to inculcate and have sworn to 
 maintain and defend are assailed." 
 
 Again: "I do solemnly promise, that whensoever the 
 principles wluch onr Order inculcates shall be assailed in my 
 own State or country, I will defend these principles with 
 my sword and my life, in whatsoever capacity may bo as- 
 signed me by the competent authority of our Order." 
 
 And further: " I do promise that I will, at all times, if 
 need be, take up arms iu the cause of the oppressed— in my 
 own country first of all— against any power or government 
 usurped, wiiich may be found in arms and waging war 
 against a people or peoples who are endeavoring to estab- 
 lish, or have inaugurated, a government for themselves of 
 their own free choice." 
 
 Moreover, it is to be noted that all the addresses and 
 speeches of its leaders breathe the same principle, of the 
 right of forcible resistance to the Government, as one of 
 the tenets of the Order. 
 
 Thus P. 0. Wright, Supreme Commander, in his genera! 
 address of December, 1&G.3, alter urging that " the spirit of 
 the fathers may animate tho free minds, the brave hearts, 
 and still unshackled limbs of the true democracy" (mean- 
 ing the members of the Order,) adds as follows : " I'o be 
 prepared for the crisis now approaching, we must catch 
 fronj atiir tho earliest and faintest breatliiugs of the spirit 
 ol' the storm; to be successful when the storm comes, wc 
 must be watchful, patient, brave, confident, organized 
 vrofd:' 
 
 Thus, too, Dodd, Grand Commander of the Order in Indi 
 an.!, (iuoting, in his address of February last, the views o: 
 hi.i chief, Vallandighara, and adopting them as his own, 
 
 ■" lie (VaIbnifh>hn,iTn judges that the Washington power 
 will not yh'\'\ nj. ii- p !■ ^i until it is taken from them by 
 ail ia(h;:"i iii ; . ' v of arms." 
 
 Si; h, tip . r •: irt-n principles of tho Order in 
 
 wliirl; 5'!- I. : , i;rtA,i. ;iih1 v.lii'ii heis sworn to 
 
 clip]';^'i. . ' -;'i'i'i 'I'ti^'!!. vi-iicn, with arms 
 
 pi;;.-:, '., ; ,,i : , 1; ■ ■ iMi 1 1 1 i - ' : i : . M ; -:l,!;-,Mn the OVCr- 
 
 tlimw .,' :;■ .: vri;, iiMi. ',111^ 'I rl r,;iioii— first, of the 
 abs;u!i;re ri^;it oi slivcry : seei.nd, ol SUtte sovereignty and 
 tho right ot secession ; tliird, of the right of armed resist- 
 ance to constituted authority on the part of tho disafl'ected 
 and th(- di.-lny;,], wlu never their ambition ,n;iy prompt 
 
 thei-: : : -:::^i., K, .:o, .omuI li,, ;,■ .\ri.■.u,l^,■ i.:,,t- 
 
 Vv'liat more appropriate password, therefore, to bo commu- 
 nicated to the new nicmb(jr upon his first admission to the 
 secrets of the Order could have be(;n conceived than that 
 which waa actually adopted — "Calhoun!" — a man who, 
 baffled in his lust for power, with gnashing teeth turned 
 upon tho Government that had lilted him to its highest 
 lionors, and upon the country that had borne him, and 
 down to the very close of his fevered life labori'd incessantly 
 to scatter far and wide the seeds of that poison of death 
 now upon our lips. The thorns which now pierce and tear 
 »ib are of the tree he planted. 
 
 VII.— ITS SPECIFIC PURPOSES AND OPERATIONS. 
 
 From the principles of the Order, sis thus set forth, Ha 
 
 lly lead to no other result. This general purpose, indeed, 
 is distinctly set forth in the personal statements and con- 
 fessions of its members, and particularly of its prominent 
 otiicers, who have been induced to make disclosures to the 
 Government. Among tho most significant of these con- 
 fessions are those alreaily alluded to, of Hunt, Dunn, and 
 Smith, the heads of the order in Missouri. The latter, 
 whose statement is full and explicit, says: "At the time I 
 joined the Order I understood that its object was to aid 
 and assist the Confederate Government, and endeavor to 
 rei^toro the Union as it was prior to this rebellion." lie 
 adds: "Tho Order is hostilein every respect to the General 
 Government, and i'riendly tothe so-called Confederate Gov- 
 ernment. It is exclusively made up of disloyal persons — 
 of all Democrats who are desirous of securing the independ- 
 ence of the Confederate States with a view of restoring the 
 Union as it was." 
 
 It would be idle to comment on such gibberish as the 
 statement that "the independence of the Confederate 
 States" was to be used as the iae;iii,s ufrestoriug " the Union 
 as it wa.s;" and yet, under t:.' iii:in;i. i.i, 1-;;,^ "f tliese ti;dt- 
 orous jugglers, doubtless til' ' , i,i, ■ ■ : m; \ li:;\p Ihi. so 
 fiir muddled as to accept t hi ii i i:,r:iii-ii ;i- inie. 
 
 But proceeding tothe .^i' ■'_;-' [•;;! in--- - nl llei h.ler, which 
 its leaders have had in view from the bi-ginning. and which, 
 as will be seen, it has been able, in many cases, to carry out 
 with very considerable success, the following are found to 
 be most pointedly presented by the testimony : 
 
 1. Aiding Soldiers to Desert and Harboring and Protect- 
 ing Deserters. — Early in its history the Order essayed to 
 undermine such portions of the army as were exposed to its 
 insidious approaches. Agents were sent by the K. G. C. 
 into the camps to introduce the Order among the soldiers, 
 and those who became members were instructed to induce 
 as many of their companions as possible to desert, and for 
 this purpose the latter were furnished by the Order with 
 money and citizens' clothing. Soldiers who hesitated at 
 desertion, but desired to leave the army, were introduced to 
 lawyers who engaged to furnish them some q>msi legal pre- 
 text for so doin/, and a certain attorney of Indianapolis, 
 named Walpole, who was particularly conspicuous in fur- 
 nishing facilities of this character to soldiers who applied to 
 him, has boasted that he has thus aided five hundred enlisted 
 men to esc;ipe from their contracts. Through the schemes of 
 the Order in Indiana whole companies were broken up — a 
 large detachment or a battery company, for instance, desert- 
 ing on one occasion to the enemy vnth two of its guns — and 
 the camps were imbued with aspirit of discontent and dissat- 
 isfaction with the service. Some estimate of the success of 
 these efforts may be derived from the report of the Adju- 
 tant General of Indiana, of January, in 1SG3, setting forth 
 that the number of deserters and absentees returned to the 
 army through the post of Indianapolis alone, during the 
 month of December, 1862, was nearly two thousand six 
 hundred. 
 
 As soon as arrests of these deserters began to be gener- 
 ally made, writs of habeas corpus were issued in their cases 
 by disloyal judges, and a considerable number were dis- 
 charged thereon. In one instance in Indiana, where an officer 
 in charge of a deserter properly refused to obey the ^vrit, after 
 it, had been suspended in such cases by the President, his 
 attachment for contempt was ordered by the chief justice 
 of the State, who declared that " the streets of Indianapolis 
 might run with blood, but that he would enfor;e his au- 
 thoi-ity against the President's order." On another occa- 
 sion certain United States officers who had made tlie arrests 
 of deserters in Illinois were themselves arrested for kid- 
 napping, and held to trial by a disloyal judge, who at the 
 same time discharged the deserters, though acknowledging 
 them to be such. 
 
 ij.ildiers upon deserting, were assured of immunity from 
 puuiKlinient and protection on the part of the Order, and 
 were instructed to bring away with them their arms, and, 
 if nioiiiited. tlieir Iior,ses. Details sent to arrest liiem by 
 t!i" niilit;irv iMillioiilies were in several cases forcibly re- 
 ^1,-teil, ;i;i,l. V, ii. re not uiiiisUiUly strong in mimliers, were 
 driven h;ick by buve Iiodiv's of men, subsequently generally 
 ascertained to be members of the Order. Where arrests 
 were effected, our troops were openly attacked and fired 
 upon on their return. Instances of such attacks occurring 
 in Morgan and Rush counties, Indiana, are especially 
 noticed by General Carrington. In tho case of the out- 
 break in Morgan county, J. S. Bingham, editor of tho 
 Indianapolis Sentinel, a member or friend of the Order, 
 sought to forward to the disloyal newspapers of tiie West 
 false and inflammatory telegraphic dispatches in regard to 
 the affair, to the effect that cavalry had been sent to airest 
 all the Deniocnits in the county, that they had committed 
 gross outrages, and that several citizens had been shot; 
 and addln.;- •■ ten thous.ind soldiers cannot hold the men 
 arrested tiiis ni^bt. Civil war and bloodshed are inevitii- 
 ble." The assertions in this despatch were entirely &l8e, 
 
APrEXDIX. 
 
 451 
 
 and may serve to illustrate the fact heretofor'? noted, that 
 a studiuiis inisrepresi'Utatioii of the acts ot the Govern- 
 ment and its ollixTs is a part of the presi ribi'd (hity of 
 member- ■■( th.' i) dn-. It i> p;nu-r lo iiiriiii-n tliit -.■v.ii 
 of the p,i.\ ,11 M- _.,n t^hmH u;i- I'l ;,l ■ 111 • III. k n;i-!i 
 
 our troup- » i.-.r r>'.i\ li li-ii !■! til I :■ 'III II - I. ..,, .-,,■!, .11. I. 
 
 ■Upon thuir Irjul it w.ib pro\x-U that thu I'.irlj \\-,ii t.jiiipi..,.jU 
 of memliers of the K. G. C. 
 
 One of the most pointed instances of protection afforded 
 to deserters occurred in a case in Indiana, where seventeen 
 intrenched themselves in a log cabin with a ditch and pal- 
 isade, and were furnished witii provisions and sustained in 
 their defence against our milittu'y tiutliorities for a consid- 
 erable peiiod liy the Ordrr .^r its friends. 
 
 2. ii/M. ./■:;,/" / /:'■'., ■.■ irl ResUlinf; the r», ■,,'•', — 
 Itisefpiih jii iiliMl 1 ii\ I ill- Order to oppos ■ tli ; n- 
 forceumii . i u -.< .<.i ~. ■ i m r l.iy voluuteors or ^ i i 
 men. lu l-'iJiu' l\ii:^ii:- "l ili.> lioldi-n Cirrle f\- : -.iw. ■■ t 
 generally to resist tlie draft in lii' \\i~i in States, ami 
 were strong enough in certain loi; I i i . itly embar- 
 rass the Government. In this ,\ in 1863 a 
 number of enrolling officers wii. n > n, I ii, iiia and Illi- 
 nois. In Blackford county, Indiaiiti. an attarlc wa.s made 
 upon the court-house, and the books connected with the 
 draft were destroyed. In several counties of the State 
 a consider ii lie milit n yfirce was required for the protection 
 of the Tin ■ I - It liii ials, and a large number of arrests 
 Were mil' . i i i i ilmtof one Reynolds, an ex-Senator 
 of the 1,. _ ; iM, . 1 publicly urging upon the populace 
 to resist tue (.uiuciiiiinju — an offence of the same character, 
 in tact, as that upon which Vallandigham was apprehended 
 in Ohio. These outljreaks were no doubt, in most cases, 
 iacited by the Order and engaged in by its members. In 
 Indiana nearly 200 persons were inducted for conspiracy 
 against the Government, resisting the draft, <fcc., and about 
 riixty of these were convicted. 
 
 Where members ff the Order were forced into the 
 army by the draft, they were instructed, in case they were 
 prevented from presently escaping, and were obliged to go 
 to the fi' Id, to use their arms against their fellow-soldiers 
 rather than the enemy, or if possible to desert to the enemy, 
 by whom, through the signs of the Order, they would be 
 recognized anfl received as friends. Whenever a member 
 volunteered in the army he was at once expelled from the 
 Order. 
 
 3. Circulation of Disloyal and Treasonable Publications. — 
 The Order, esi)ecially in Missouri, has secretly circulated 
 throiicrhout the country a great quantity of treasonable 
 p,,i 1, ..,11 .,^. .,,. ^ means of extending its own power and 
 iiil - 11 as of giving encouragement to the disloyal 
 ail I I I in to treason. Of these, some of the prin- 
 c I .'lowiiia;: "Pollard's Southern History of the 
 
 \\ :i !;.. . '!- ..r I'l ■ ("-iiiir ii mi.- !'■ v n.in ;.;," 
 
 ■■ I ■ ■■ ■ , ". !i .1 : . ,•;■ : . :• ■< ■■ • -i .. i, n : .. :■•■ 
 
 I The mail-carriers started from a point on the Pticific rail- 
 I road, ntar kirkuood Station, about; fourteen miles from 
 St. Louis, and, travi'lliii.i^' only liy iii-!it,iiroceeded (toquote 
 
 In. Ill C.iluii -I .■<iiiii i-.iiiV n p.iiti 1.1 ■■,Matlox Mills, on the 
 
 ^1 ii.iiii •■ ii"i. Ill 111.' p. -I -M I'lil I'.iint to Webster, 
 
 tli.-ii'i' ti. ;i p. Hit till.. II mil.- I.i'li.w Van i!ure*i, where 
 
 rth . 
 
 Ill, 111.. Iieada 
 .ily, was suc- 
 
 stantlv 1^ pi II] 
 of th.' .ir.liTi.i 
 cessliill\ iiMiii 
 
 A > ,,iii I i.iiiiiiiiication litis been continuou.sly held 
 with til" .11 111. ]i..i;i Louisvill.., Kentucky. A consider- 
 ill. • iminber ot vviiiii.ii ill 111 It Sill.., many of them of high 
 iiion in rebel sociti ,' i r them outwardly pro- 
 
 -uig to be loyal, u. 1 i. have been actively 
 
 II -lined in recriviiiu .ii i : . , . mails, with the a,ssist- 
 
 ance 111 111.' Ill ill I .III 1 ., ii III I , i::,i iits. Two of the most 
 notoii.iii- Hill I, III .1 I, \irs. Woods and Miss 
 
 Cass, 11, h i\i ; 1, , i I I imprisoned. 
 
 15y in. nil- .'I liii- I III, -; ill.- with the enemy the 
 
 members of th.. Order were prinnplly apprized of all raids 
 to lie made b.y the forces of the former, and were able to 
 hold themselves i)rei)ared to render aid and comlbrt to the 
 raiders. To .sjinw bow eilicient for this purpose was the 
 sy.st.iii iliu- .-t ii.ii-hed, it is to be added thtit our military 
 autli.i.i.. ii n III iiiiumberofcase3,beeninformedthrough 
 meml ■ I .1 lii 1 1, .1 r employed in the interest of the Gov- 
 ernm.ii;. .. inij ■ i iiirr r.iiils and important army move- 
 men'- . ; III ! I. I Illy days, but sometimes weeks, 
 soon. 1 I I I I J iico could have reached them 
 thr..ii. ^ . I II. is. 
 
 On 1 ,. . 
 
 plai-i'lii :: ■ 
 
 e.\pr.-- ..ill.- ■-. .1' / 
 ollice,aud,in laci, ii 
 able service:" and I 
 who, at the date o1 
 eniployi'il nt Ibe ex 
 
 the, 
 
 tem of espionage kept 
 
 up by 
 
 obtaining information 
 
 ol the 
 
 s, &c., to be imparted 
 
 to the 
 
 Iii'iie.-t lis it WHS seer.- 
 
 . The 
 
 ■r HI ^ii-^.iiii -i,r, -, 
 
 ill his 
 
 ill' ' . ^ ' 1 1 1 1 1 ■■ 1 1 , , • 
 
 WHS to 
 
 . . ; ■ -. ' ' -. 1 ''1" 1 ' i''i 
 
 I'lH.-es, 
 
 
 r-bal's 
 
 . . ■ ■• ' 1 ' 1 , ' >. ' ' , , . 
 
 valu- 
 
 
 iiiiiers 
 
 ' . \ 1 ._- 1 1 1 J 1 
 
 were 
 
 
 ..liiiff 
 
 ■.— '; 1,1 ■ 11 '- ,. 1-.. 1" ' 
 
 .Men- 
 
 nil. It ir- .■.-tiiii.acd ih.ii 2.11UU men 
 1 Louinville alone during a lew weeks 
 i t. The Order and its friends at that 
 t fiiml, to wlii h there are many sub- 
 
 ^^.■■. I - "I 111 ' \Miii" II' '.".■■ ^ I • 1 ■ " 'I 111, 
 
 or a Uiii.le to the I'risi. I I n '. : 
 
 strnctildo Organics," by i. , .■ . n ■. 
 
 generally been procured l.s i n I in: ' .. :- ' :,.., n n "n 
 the grand coiumatider b\' 1 i : i m m" r- n lii iitiii 
 ofaState. Oneot th..-. ' .^ , ii imis, ilnte.l .hin.' lOtli I i-l, 
 and drawn by a 1.. ,.| ' . ; . ..t the Order at Gentryville, 
 Missouri, is exlii'iti.i m ili i timony. It contains a col- 
 umn of the initial- .jl .-uh.Liil.er.s, opposite whose names 
 are entered the number of disloyal publications to be fur- 
 nished, the particuliir book or books, &c., required being 
 indicated by fictitious titles. 
 
 4. Commuiiicatinq n-ilh, and Oivinfj Tnfi'llio''nri' to. the 
 £««niy.— Smith, Graml .S.cr.dary of tlie Onbr in Mi — niri, 
 says, in his confes-imi : ■■ Kcbcl spies, mail-rnri i.i-, .m.l 
 emissaries have been carl'itlly protected by this Onli.r ever 
 since I have been a member." It is shown in the testimon.v 
 to be customary iuthe rebel service to employ members nf 
 the Order tis spies, under the guise of soldiers ftirnislied 
 with finloughs to visit their homes within our liius. On 
 coming witliin the territory oectipie.l ly ..nr liuci s, they tire 
 hiriiored and supplied with inforimiii.ui by tin- Order. An- 
 otlier class of spies claim to I.e i|. -. rtm- in. in the en- 
 emy, and iit once seek an opportiiiiitv l.i Inki' tlie oath of 
 alle.;iance, which, however, tliongli vo'luntarily taken, tliey 
 claim to be administered while they tire under ;i speeiis ol' 
 duress, and, therefore, not to be binding. I'puii swrarin.i; 
 idlegialice to the Government, llie pr.'t.nib.il .leserter <-li- 
 ga.ges, with the assistance of th.. i ii .'.r, i n 'il. .ting con- 
 traband goods nr inncurins iiilrli i ^ . ; 1 . ' iiveyed to 
 the enemy, or in .-.ome other trea-.i, ,: I . m i| il-e. In his 
 otncial report of June 12lli last, Ci.U.i,. 1 .<,.ml.i-.m remarks: 
 '■ This department is filled with rebel spies, all of whom be- 
 long to the Older." 
 
 In Mi.ssoini re.gnlar mail communication wa.s for a long 
 peiiod Hiaintalned through the iigciicy of the Order fiMin 
 St. Lonis to Price's arinv. liy means of which private^ lel- 
 ter.s, as well as onieii.l des'patrhes betwe.-.i him and the 
 Grand Commander of .Missouri were regularly transmitted. 
 
 reports, which 
 &c., located re] 
 Louisville, till. 
 kept hiddi 11. 1 
 convenient en . 
 South. Till .\ 
 to a safe reiul. 
 warded to tli. : 
 from the Un.!- 
 ili,^' an oecii-i.n 
 
 1.;- .lit to be torwarded to 
 
 li ' I tie, parties empowered 
 
 I 1.1 I I I hint as his representa- 
 
 1 1' 1 . ' I ' I '. 1' . ivere nominally author- 
 
 (i/n, " as it was expressed, and in their 
 
 •e Ibrnially made, the number of acres, 
 
 lilted the number of men recruited. At 
 
 i-i-iriiie- TO i.,iii the Sontlirni buii-.s were 
 
 II I '■ 'i "II' I '1 'I i-.i II" : iiiitila 
 
 il b 
 
 Iten I 
 
 tliiit iiei-liborhood, (at wlmse liuuse, also, meetin-s of the 
 Order were held.) is indicated in the testimony as one of the 
 luciilities wliore such recruits were rendezvoused and em- 
 plo.-,e.l. 
 
 The same facilities which were afforded to recruits for 
 the Siiiithern army were also furnished by the Order to 
 IHisoiis liesiring tii jiroceeil beyond our lines for any illegiil 
 purpose. Hy these Louisville was generally preferred as 
 a point of departure, and, on the Mississippi river, a partic- 
 ular steamer, the Graham, was selected as the safest con- 
 veyance. 
 
 G. Furnishing the Rebels mith Arms. Ammunitifm. d-c. — 
 In this, too, till- Orib-i-, ami i-p.ri:,l!v its female nieinbers 
 and allies, has l.i.i'ii -111. il' 111. .i i '..1. The rebel women 
 of Louisville ami I-;. 111. , ]• . i ; i -.nted as having ren- 
 dered the must Miliiiil i ' ai'i I . 1 11. .-. miller II army, by trans- 
 porting large (piaiilities iit iieicu-sion cajis, powder. Ac, 
 
 mar the lines, whence they coiild be readily conveyed to 
 those lor whom they were intended. It is estimated 
 
452 
 
 APPENDIX. 
 
 that at Louisville, up to May 1st last, the sum of 
 $17,000 hiiU beeu invested by tlie Order in animunition 
 and arms, to be forwarded principally in tliis manner 
 to the rebels. In St. Louis several firms, wlio are 
 well known to the Government, the principal of which is 
 Beauvais ct Co., have been eniragcd in siiiiplying arms and 
 ammunition to members of tlie Order, to be conveyed to 
 their Soutlicrn allies. Mary Ann Pitman, a reliable wit- 
 ness, and a member ot the 0. A. K., who will hereafti'r be 
 specially alluded to, states in her testimony that she visiti d 
 Beauvais & Co. three times, and procured from tliem on 
 each occasion about S30 worth of caps, besides a number of 
 pistols and cartridges, which she carried in person to For- 
 rest's command, as well as a much larger quantity of simi- 
 lar articles which she caused to be forwarded by otlier 
 agents. The guerillas in Missouri also received arms from 
 St. Louis, and one Douglas, one of the most active conspir- 
 ators of the 0. A. K. in Missouri, and a special emissary of 
 Price, was arrested while in the act of transporting a bo.v 
 of forty revolvers by railroad to a guerilla camp in the 
 interior of the State. Medical stores in large quantities 
 were likewise, by the aid of tlie Order, furnished to the 
 enemy, and a '-young doctn,-" iMinnl .Moiiic. said to Ihmiow 
 a medical inspector in \]t'- irlnl lumy, is im iiliniiid us 
 having "made $75,0110 I'V suiui^-liiiL; iin-ilicini's "— i.riiH'i- 
 pallyfroniLouisville— tliiougU the liuosuf uur :,i !!i\ Snn- 
 
 plies were, in some cases, conveyed to the eni-nr, li- I 
 
 the medium of professed loyalists, who, havi( : t - 
 permits for that purpose from the United Siai> > n; m i i 
 authorities, would forward their goods, as if Im- (ndnKuy 
 pin-poses of trade, to a certain point near the rebel lines, 
 where, by the connivance of the owners, the enemy would 
 be enaljled to seize tlieni. 
 
 7. Co-irperating with the Enemy in Jiaids and Invasions. — 
 While it is clear that the Order has given aid, both directly 
 and indirectly, to the forces of the rebels, and to guerilla 
 bands, when engaged in making incursions into the bor<ler 
 States, yet because, on the one hand, of the constant restraint 
 upon its action exercisedbyourmilitary authorities, and, on 
 the other, of the general success of our armies in the held 
 over those of the enemy, their allies at the North bnve never 
 thus far been able to carry out their ui n i il n i i tjen- 
 eral armed rising of the Order, and u-. •■ -, , , ;: .m an 
 extended scale with the Southern loiv . : ; , |,: ,ii has 
 been two-fold, and consisted, first, of a ii,,i,,, ..i in.' Order 
 in Missouri, aided by a strong detachnicut Imm Illinois, 
 and a co-operation with a rebel army under I'rirc ; si coiul, 
 of a similar rising in Indiana, Ohio, and Kentucky, ami a 
 co-operation witli a force under Breckinridi^e, Buckner, 
 Morgan, or some other rebel commander, who was to invade 
 the latter State. In this case the Order was first to cut the 
 railroads and telegraph wires, so that intelligence of the 
 movement might not be sent abroad and the transportation 
 of Federal troops miglit be delaved, an.! then to sei/.e upon 
 the arsenals at Indianapolis, Coluinljus, Siirin;;tield, Louis- 
 ville, and Frankfort, and, furnisliing sueli of their number 
 as were without arms, to kill or make prisoners of depart- 
 ment, district, and post commanders, release the rebel pris- 
 oners at Rock Island, and at Camps Morton, Douglas, and 
 Chase, and thereupon join the Southern army at Louisville 
 or some other point in Kentucky, which State was to be 
 permanently occupied by the combined force. At the 
 period of the movement it was also proposed that an attack 
 sliould be made upon Cliicago by means of steam-tugs 
 mounted with cannon. A similar course was to be taken in 
 Missouri, and was to result in the permanent occupation of 
 that State. 
 
 This scheme has long occupied the minds of members of 
 the Order, and has been continually discussed by them in 
 their lodges. A rising somewhat of the character described 
 was intended to have taken pi ice in the spring of this year, 
 simultaneously wilh :ui exiiected advanci- of tlio army of 
 Lee upon Wasliiii-f..ii ; but the plans id the enemy having 
 been anticipatiil l.y the iiioveioents of our own generals, 
 the rising of the cmisijirators was uceessarilv postponed. 
 Again, a general movement of the Southern forces was ex- 
 pected to occur about July 4, and witli this tl«o Order was 
 to co-operate. A speech to be made by A^illandigham at 
 the Clwcago Convention was, it is said, to be the signal Ibr 
 the rising; but the postponement of the convention, as 
 well as tlie failure of the rebel armies to eng.ige in the an- 
 ticipated movement, again operated to disturb the pro- 
 gramme of tlie Order. During the summer, however, the 
 grand plan of action above set forth has been more tlian 
 ever discussed throughout the Order, and its success most 
 confidently predicted, wliile at tlic same time an extensive 
 organi/ation and prejianition for carrying the conspiracy 
 
 notwitlistan;liiv.C the late raidsol ibeeneuiy in Kentuelcy.and" 
 the invasion of .Missonri by I'lice, nosneli neneral action on 
 the part of the Order as was contenii)lated has iakeii place 
 —a result, in great part, owing to the activity of our mili- 
 tary authorities in streMi;theain;4 the detaclnnenis at the 
 prisons, arsenals, Ac, and in causing the arrest of the lead- 
 
 ing conspirators in the several States, and especially in the 
 seizure of large quantities of arms whicl; had been shipped 
 for the use of tlie Order in their inteiuled outbreak. It was 
 doubtless on account of these precautions that tjie day iast 
 appointed lor the rising of the Order in Indiana and licn- 
 tucky (August 10) ]iassed by with but slight diso.-der. 
 
 It is, liowever, the i 
 now declining days ol 
 movements whicli ha; 
 in open warfare ; and 
 ered in their comicils i 
 tlieir re 
 ert, Jes. 
 
 "With these guerilh 
 acted along the bori 
 
 lying: 
 
 lility of the public ciieniy, iu the 
 le rebellion, to initial,- the desired 
 evented the 0/Uei- from engaging 
 has lately been ^erioi-.sly consid- 
 •ther they should not [u-oceed wilh 
 e upon the guerilla bands ot Syph- 
 su|iport and assistance.* 
 the Order has always most readily 
 , and in cases of capture by the 
 
 Union forces of Northern members of the O.der engaged 
 in co-operating with them, the guerillas have frequently 
 retaliated by seizing prominent Union citizens and holding 
 them as hostages for the release of their allies. At other 
 times our Government has been officially notified by the 
 rebel authorities that if the members of the Order cap- 
 tured were not treated by us as ordinary prisoners of war, 
 retaliation would be resorted to. 
 
 All aliocious plan of concert between members of the 
 Oriler ill Indiana and certain g-.:e:illa bands in Kentucky, 
 ai;reud upon last spring, may be here remarked upon. 
 Some i!,500 or 3,000 guerillas were to be thrown around 
 into the border countie^and were to assume the character 
 lii refugees seeking employment. Being armed, they were 
 secretly to destroy Government ptoperty wherever practi- 
 cable, and subsequently to control the elections by force, 
 prevent enlistments, aid deserters, and stir up strife be- 
 tween the civil and military authorities. 
 
 A singular feature of tlie raids of the enemy remains 
 only to be adverted to, viz: that the officers conducting 
 these raids are furnished by the rebel Government with 
 quantities of United States Treasury notes for use within 
 our lines, and that these are probably most frequently pro- 
 cured through the agency of members of the Order. 
 
 Mary Ann Pitman states that Forrest, of the rebel army, 
 at one time exhibited to her a letter to liimself from a 
 prominent rebel sympathizer and member of tiie Order in 
 Washington, D. C, in which it was set forth that the sum 
 of $2-5,000 in "greenbacks" had actually been forwarded 
 by him to the rebel Government at Richmond. 
 
 s. ]>i':<inirh'':i> iif (Jnvcrnnient Propertp. — There is no 
 doubt that lar-e ijuanlities of Government property have 
 been Imiiieil oi otliei wise destroyed by the agency of the 
 Order in dillerent localities. At Louisville, iu the case of 
 the steamer Taylor, and on the Missiisipi)i river, steamers 
 belonging to the United States have been burned at the 
 wharves, and generally when loaded with Government 
 stores. Shortly before the arrest of Bowles, the senior of 
 the major generals of the Order in Indiana, ho had bSfen 
 engaged in the preparation of "Greek Fire," which it was 
 supposed would be found serviceable in the destruction of 
 public property. It was generally understood in the coun- 
 cils of the Order in the State of Kentucky, that they were 
 to be compensated for such destruction by the rebel Gov- 
 ernment, by receiving a commission of ten per cent, of the 
 value of the property so destroyed, and that this value was 
 to be derived from the estimate of tho loss made in each 
 case by Northern newspapers. 
 
 9. Destruction of Private Property and Persecution of 
 Loyal Men.— It is reported by General Carrington that the 
 full development of the Order in Indiana was Ibllowed by 
 "a state of terrorism" amon.g the Union residents of "por- 
 tions of Brown, Morgan, Johnson, Rush, Clay, Sullivan, 
 Bartholomew, Hendricks, and other counties" iu that State ; 
 that from some localities individuals were driven away al- 
 together ; that iu otiier.s their barns, hay, and wheat-ricks 
 were burned; and that many persons, under the general 
 insecurity of life and property, sold their effects at a sacri- 
 fice and removed to otlier places. At one time in Brown 
 county, the members of the Order openly threatened tho 
 lives of all "Abolitionists" who refused to sign a peace me- 
 morial which they had prepared and addressed to Congress. 
 In Missouri, also, similar outrages committed upon the 
 property of loyal citizens are attributable in a great degree 
 to the secret Order. 
 
 Here the outbreak of the miners in tho coal districts of 
 eastern Pennsylvani.i, in tho autumn of last year, may be 
 appropriately referred to. It was fully shown iu the testi- 
 mony adduced, upon the trials' of tliese insurgents, who 
 were guilty of the destruction of pi-operty and numerous 
 acts of violence, as well as murder, that they were generally 
 members of a secret treasonable association, similar in all 
 respects to the K. 0. C, at tho meetings of which tliey 
 were incited to the commission of the crimes for which tlicy 
 were tried and convicted. 
 
 10. Assassination and Murder.— Mter what has been dis- 
 closed in regard to this infamous league of traibns and ruf- 
 fians, it will not be a matter of surprise to learn that the 
 cold-blooded assassination of Union citizens and soldiers 
 
APPENDIX. 
 
 453 
 
 termincd 
 ..General 
 rtU in his 
 luit at the 
 
 to go to 
 ouud, und 
 .11- to the 
 
 .has been included in their devilish scheme of operations. 
 Green B. Smith states in his confession that " the secret as- 
 sassination of United States oiiicers, soldiers, and Govern- 
 ment employes has been discussed in the councils of the 
 Order and recommended." It is also shown in tlie course 
 of tho testimony that at a large meeting of tlie Order in 
 St. Louis, in May or June last, it was proposed to form a 
 secret polica of members for thi< purpose of patrolling the 
 streets of thut city at night and killing every detective and 
 soldier that cuuKI Ije readily disposed of; that this propo- 
 sition \va< ■■•■ \\y ' . 11 idered, and finally rejected, not Ijo- 
 cause c'f 1 1.1 ' aeter — no voice being raised against 
 itscrim.:. i , - liise only it was deemed premature. 
 At Louis\ 1.1 ., i.i J ,.ii.' last, a fimilar sclieme was discussed 
 among the Order lur the waylaying and butchering of ne- 
 gro soldiers in the streets at night; and in the same month 
 a party of its members in that city was actually organized 
 for the purpose of throwing off the track of the Nashville 
 raih-oad a train of colored troops, and seizing the opportu- 
 nity to take tho lives of as many as possible. Again, in 
 July, the assassination of an obnoxious provost marshal, by 
 betraying him into the hands of l^u i ili.. . ■ . '■ i : ■ 1 liy 
 members in the interior of Kent 11 : I ' i ; -t- 
 
 ing of the Grand Council of In i i i i i i .m 
 
 June 1-1 lust, tijo murder of on-- i i ,,, ,. iii de- 
 tective, wii >.; - i; 11,,^ rill']. ..1.1 .1 I liie Order, 
 •was deb: . . : ■ •, .: i; . i ■ : m 
 
 upon. 'iii. . I . I ■ . .. .; i ;, - : . . . .1 ;.. I ^ 
 
 Carringtwu . r.;i,:i ■ 17 l..~i, ..n 1 i ■ : .. : i..i. -. i 
 testimony upon tiie trial of DoiM. II .i i - ~ 
 meeting in (juestion, Dodd hiniselt \ luiii i k 
 Hamilton, Ohio, where Coffin was exi . ei. 1 i > I < 
 there " dispose of tholatter."' lie adds that p 
 meeting, be himself conveyed from Judge BuUit, at Louis- 
 ville, to Bowles and Dodd, at ludiunapolts, special instruc- 
 tions to have Coffin "put out of the way" — '-murdered" — 
 " at all hazards." 
 
 The opinion is expressed by Colonel Sanderson, under 
 date of June 12 last, that " the recent numerous cold- 
 blooded assassinations of military officers and unconditional 
 Union men throughout the military tiistriet of Nuitli IMis- 
 souri, especially along the western border, ' i^.. le a~ i lli d 
 to the agency of the Order. The witness Pitiani r.-iir. senls 
 that it is "a part of the obligation or undeist.inilini; nf the 
 Order" to kill officers and soldiers '• whenever it can be done 
 by stealth," as well as loyal citizens when considered im- 
 portant or inlluential persons; and she adds, that while at 
 Memphis, during the past summer, she Icnew that men on 
 picket were secretly killed by members of the Order ap- 
 proaching them in disguise. 
 
 In this connexion may be recalled tho wholesale assa.s- 
 Bination of Union soldiers by members of the Order and 
 their confederates at Charleston, Illinois, in March last, in 
 regard to wliich, as a startling episode of the rebellion, a 
 full report was addressed from this office to the President, 
 under date of July 2C last. This concerted murderous 
 assault upon a scattered body of men, mostly unarmed — 
 apparently designed for the mere purpose of destroying as 
 many lives of Union soldiers ;is possible — is a forcible illus- 
 tration of the utter malignity and depravity which charac- 
 terize the members of this Order in their zeal to commend 
 themselves as allies to theii- feUow-conspirators at the 
 South. 
 
 11. Ediihlishment of a Northwesto-n '' '' './.—In 
 concludiui; thi=> review of some of the prim 1 1 . i i'lr- 
 
 poses of tiie Order, it r 
 
 ther de 
 plishment of wl 
 at heart. Uatii 
 ence and re<-oui 
 West ami S<'iit!i 
 the Mi.-.-i-i; 1 : 
 byan ini ;i 
 and uiJiiin.i !, e 
 estabUshnieiii u 
 in alii 
 
 ■adinu' 
 
 Nor 
 
 LS having deeply 
 lus of her inllu- 
 interests of the 
 
 with the South, the grand aim and end of all 
 their plotting and conspiring. It is with this steadily in 
 prospect that they are constantly seeking to produce dis- 
 content, disorganization, and civil disorder at the North. 
 With this in view, they gloat o\er every reverse of the 
 armies of the Union, and desire that the rebellion shall be 
 protracted until the resources of the Government shall be 
 exhausted, its strength paralyzed, its cuirem y Iiojh |e-sly 
 depreciated, and couiideuce everywhere d-ii'Vi 1 1. Ilii n, 
 from tho anarchy which, under their selem, is h. i n-iie, 
 the new Confederacy is to arise, which is . nh i tu unite 
 itself with that of the South, or to l.-iniiln \.i!li iiln-e 
 and permanent alliance. Futile and exii \ i nii i» iliis 
 scheme may appear, it is yet tin s. itli-l [■ i -i iimy 
 
 their own State out of the Union, and recognize the inde- 
 pendence of the South. A citizen captured by a guerilla 
 band in Kentucky last summer, records the' fact that the 
 establishment of a new confederacy as the deliberate pur- 
 pose of the Western people was boastfully :isserted by 
 these outlaws, who also assured their prisoner that in tho 
 event i.l sueh e-talilishraent there would be "a greater re- 
 bellion linn e'.e,-:' 
 
 Lastly, it is 1 liiiiied that the new confederacy is already 
 orgarii/ il: ili.ii ii I i:is a "provisional government," officers, 
 depari 1 .: ! .is, &c., in secret operation. No com- 
 meni i i - i . he made upon this treason, not now 
 
 conieiii; ; ; .1 1 ; ill.' lii'st time in our history. Suggested 
 by the jiu.,. .,; 1. i.. ili.jn,iti3 the logical -consequence of tho 
 ardent and utter sympathy therewith which is tho Ufo und 
 inspiration of the secret Order. 
 
 Vin. THE WITNESSES AND THEIR TESTIMONT. 
 
 The facts detailed in the present report have been de- 
 rived from a great vai iety of dissimilar sources, but all the 
 witnesses, however different their situations, concur so 
 pointedly in their testimony, that the evidence whirh h.aa 
 thus been furnished must be accepted as of an entirely sat- 
 isfactory character. 
 
 The principal witnesses may be classified as follows : 
 
 1, Shrewd, intelligent men, employed as detective.^, and 
 with a peculiar talent for their calling-, who have gradually 
 gained the confidence of leading members of the Order, 
 and in some cases have been admitted to its temples and 
 been initiated into one or more of the degrees. The most 
 remarkable of these is Stidger, formerly a private soldier 
 in our army, who, by the uso of an uuenmmon address, 
 though at great personal risk. .^".•.•e...i,..i i„ establishing 
 such intimate relations with 1 !; illit, Dodd, and 
 
 other leaders of the Order in I : u- ntucky, as to 
 
 be appointed grand secretary 1., ;; \ i .i.ite, a position 
 the most favorable for obtaining; iniormaiiuu of tho plans 
 of these traitors and warning tlie Government of their in- 
 tentions. It is to the rare fidelity of this man, who has 
 also been the principal witness nimn the trial orDuiliI, that 
 
 theC.M Mil, 11. Ml I..1- I M iM. ,r, \:,.\ i.i M i'.r i), ■ i'X|i..suro 
 
 enir' .: ; ., , n, .,•;.■ i . ■ imned. 
 
 -■ i; :...-.■ .M.irily 
 
 inakiirj ill-''!. -HI 1-1 (■ 1 Ml']- i..i!il;iry .uuIi nti'-. '1 ,.'most 
 valuable witnesses of this cliss are prisoners of war, who, 
 actuated by laudable motives, have of their own accord 
 furnished a large amount of information in regard to the 
 Order, especially as it exists in tho South, and of the rela- 
 tions of its members with those of the Northern section. 
 Among these, also, are soldiers at our prison camps, who, 
 without designing it, have made known to our officials, by 
 the use of the signs, &c.,of the Order, that they were mem- 
 bers. 
 
 3. Scouts employed to travel through the interior of the 
 border States, and also within or in the neighborhood of 
 tho enemy's lines. Tho fact that some of these were left 
 entirely ignorant of the existence of the Order, upon being 
 so employed, attaches an increased value to theU' discov- 
 eries in regard to its operations. 
 
 4. Citizen prisoners, to whom, while in confinement, di.9- 
 closures were made relative to the existence, extent, and 
 character of the Order by fellow-prisoners who were lead- 
 ing members, and who in some instances, upon becoming 
 intimate with the witness, initiated him into one of the 
 degrees. 
 
 5 Slembers of the Order, who, upon a full acquaintance 
 with its principles, have been appalled by its infamous de- 
 signs, and havo voluntarily abandoned it, freely maldng 
 known their e.»;perience to our military authorities. In 
 this cliiss may bo placed tho female witness, Jlary Ann Pit- 
 man, who, though in arrest at th" i>vi'"l nf le"- <li-clos- 
 ures, wa.s yet induced to make i '■ ■ i ' ■ i : i ■ i i hit, as 
 she says, ''at the last meetin:4' \\ I 'i : i I u i issed 
 
 an order which I consider as ui ill I. \ i i^.mi i.nbtir- 
 
 ous; so I told them I would have inniinig nmre tu do with 
 them." This woman was attaciied to the command of the 
 rebel Forrest, a.s an officer under the name of " Lieutenant 
 Rawley ;" but, because her se.x afforded her unusual facili- 
 ties fill ( ro^fin;.; eur lilies, she was often employed in the 
 execulien of i!ii|iert.inl e-annissions within our territory, 
 and, a> a iie iiihi r ni the Older, w;us made extensively ac- 
 quainte.l with i.tlier nieiiiliers, both of tho Northern and 
 Southern sections. Her testimony is thus peculiarly valu- 
 able, and, being a person of unusual intelligence and force 
 of character, her statements are succinct, pt)inted. and em- 
 phatic. They are also especially useful as fully corrob jrat- 
 ing those of otlier vvitn. s.^.s n-arded as inn.^t trustwortliy. 
 
 0. Officers III lie- nnl ,- i.| InJi i. nk. vv ho have been 
 pronipted to pi ■-■■nt rniil. --mn ■. i.i i ' "r h ss di tailed, in 
 .■e-ard to Die dnler, .aul then- ciiieAi-n with it. The 
 
 I.iin.-ipal- Ml il,..--aie Hunt, Diuil ;i -:-i.:ii ' . 'i eom- 
 
 111 iii'li r. 'liliulv :;i ind commander, all 1 : i : uy of 
 
 the I li (li-r 111 .Mi^>. iiin, to whoso staleiie i.i - 1 : ,:.■ iil refer- 
 ence ha= been made. These confes:,i.<i.s, lliuii,:,!! lu some 
 
454 
 
 APPENDIX. 
 
 degree guarded and (lisingreimous, have furnished to theGov- 
 erumeut much iniiiortaat in1bra)utiou Jis to the ojierations 
 of the Order, especially in Missouri, the affiliation of its 
 leaders with Price, &c. It is to he noted that Dunn makes 
 the statement in conimou with other witnosses that, in 
 entering the Order, he was quite ignorant of its ultimate 
 purposes. He says: " I did not become a member uudcr- 
 standingly ; the initiatory step was taken in the dark, with- 
 out reflection and without knowledge." 
 
 7. Deserters from our army, who, upon being appre- 
 hended, confessed that they had been induced and assisted 
 to desert by members of tlie Order. It was, indeed, princi 
 pally from these confessions that the existence of the 
 secret treasonable organization of the K. G. C. was first 
 discovered in Indiana, in the year 1802. 
 
 8. Writers of anonymous communications, addressed to 
 heads of departments or provost marshals, disclosing facts 
 corroborative of other more important statements. 
 
 9. The witnessesbeforethegrand jury at Indianapolis, in 
 1863, when the OrdiT was formally presented as a treason- 
 able organization, and those whose testimony has been re- 
 cently introduced upon the trial of Dodd. 
 
 It need only be odded that a most satisfactory test of the 
 credibility and weight of much of the evidence which has 
 been furnished is afforded by the printed testimony in re- 
 gard to the character and intention of the Order, which is 
 found in its national and State constitutions and Its ritual. 
 Indeed, the statements of the various witnessus are but 
 presentations of the logical and inevitable consequences 
 and results of the principles therein set forth. 
 
 In concldding this review, it remains only to state that 
 a constant reference has been made to the elaborate offici il 
 reports, in regard to th» Order, of Brigadier General Car 
 rington, commanding District of Indiana, and of Colonel 
 Sanderson, Provost Marshal General of the Department of 
 Missouri. The great mass of the testimony upon the suli- 
 ject of this conspiracy has been furnished by these offi- 
 cers ; the latter acting under the orders of Major General 
 Kosecrans, and the former co-operating, under the in- 
 Btruclions of the Secretary of War, with M:ijor General 
 Burbridge, commanding District of Kentucky, as well as 
 with Governor Morton, of Indiana, who, though at one 
 time greatly embarrassad, by a Legislature strongly tainted 
 with disloyalty, in his efforts to repress this domestic en- 
 emy, has at last seen his State relieved from the danger of 
 a civil war. 
 
 But, although the treason of the Order has been thor- 
 oughly e.tposed, and although its capacity fir fatal mischief 
 has, *iy means of the arrest of its leaders, the seizure of its 
 arms, and the other vigorous means which have been pur- 
 sued, been seriously impaired, it is still busied with its 
 plottiugs against the Government, and with its ])erfidif>uR 
 designs in aid of the Southern rebellion. It is reported to 
 Lave recently adopted new signs and pass-words, and its 
 members assert that foul means will be used to prevent the 
 success of the Administration at the coming election, and 
 threaten an extended revolt in the event of the re-election 
 of President Lincoln. 
 
 In the presence of the rebellion and of this secret Or- 
 der — which is but its echo and faithful ally — we cannot but 
 be amazed at the utter and wide-spread profligacy , person .1 
 and political, which these moVL'ments against the Govern- 
 ment diselose. The guilty men engaged in them, after 
 casting aside their allegiance, seem to have trodden u.ider 
 foot every sentiment of honor and every restraint of hiw, 
 human and divine. Judta produced but one Judas Isear- 
 iot, and Rome, from the sinks of her demoralization, pro- 
 duced but one Cataline ; and yet, as events iirove, there has 
 arisen together in our land an entire brood of such trai- 
 tors, all animated by the same parricidal spirit, and all 
 elruggling with the same relentless malignity for the di.s- 
 memtiernieut of our Union. Of this e.xlraoidinary plii'- 
 nomenon— not paralleled, it is believed, in the world's his- 
 tory — there can be but one explanation, and all these 
 blackened and fetid streams of cri.ue may well be ti a"ecl to 
 the same common fountain. So liercely intiileraiit and 
 imperious was the temper engendered "by Slavery, tliiU 
 when the Southern people, after having controlled the na- 
 tional councils for half a century, were beaten at an el;to- 
 tiou, their leaders turned upon the Government with the 
 insolent fury with which they would have drawn theirre- 
 volvers on a rebellious slave in one of their negro quar 
 ters ; and they have continued since to prosecute their 
 warlare, amid all the barbarisms and atrocities naturally 
 and necessarily ins];ired by the infernal institution in 
 whose interests they are sacrificing alike themselves and 
 their country. Many of these conspirators, as is well 
 known, were fed, clothed, and educated at the expense of 
 the nation, and wore loaded with its honors, at the very 
 moment they struck at its life with the horrible criminali- 
 ty of a son stabbing the bosom of his own mother while 
 impressing kisses on his cheeks. The leaders of the trai- 
 tors in the loyal .-^tales, who so completely fraternize with 
 these conspirators, and whose machinations are now un- 
 
 masked, it is as clearly the duty of the Administration to 
 prosecute and punisli as it is iis duty to subjugate the reb- 
 els who are openly in arms against the Government. Jn 
 the iierformance of this duty, it is entitled to e.\pect, and 
 will doubtless receive, the zealous co-operation of true men 
 everywhere, who, in crushing the truculent foe liiiilm-hed 
 in the haunts of this secret Onler, should rival in cour.ige 
 and faithfulness the soldiers who are so nobly sustaini.ig 
 QUI- flag on the battle-fields of the South. 
 KespectfuUy submitted. 
 
 J. HOLT, Judge Advocate General. 
 
 Opinions on the Legal Tender Act. 
 
 Subjoined is a statement made up from the 
 Philadelphia North American, of a case recently 
 decided by Judges Grier and Cadvvallad&r, on 
 the legal tender act, voted upon as recorded on 
 pages 357, 358 : 
 
 The Philadelphia and Reading Railroad Company vs. 
 Charles Morrisou et al., executors, trustees, &c. Tliis was a 
 bill in equity, tiled by the coraphiinants to compel the de- 
 fendants to accept the principal sum of certain ground rents 
 and the arrears thereof in notes issued by the Government 
 of the United States, and wade lawful money and a " legal 
 tender in payment of all debts," in payment and extinguish- 
 ment of thr la : 111 1 rents and all aiTears thereof, and 
 tUiit it ! I ''I i! I 'tc-mporaneously with said payment 
 
 theyslriil . , i; .^ i lid and sufficient d.-^ed of extinguish- 
 ment. '..i\\ Uiil.v 1' l'..;.-i;jg, discharging and extiugmshing the 
 sail! rents. And farther, that in the meantime" the defen- 
 dants 1)0 restrained from attemjiting the racovory of any 
 alleged arrears of rent by suit at Ixw, or by distress, and 
 from entering upon tlio premises for i)oi)-j)ayment. 
 
 The bill sets out the conveyance to the comp.iny of fonr 
 certain lots of ground in this citv, in fee, subject to the 
 payment of yearly ground rents of S10,800, s;il,200, S4.200, 
 and Sl,800 respectively, in '• lawful money of the United 
 States t)f America." That by certain other conveyances 
 these ground rents became vested in .f.imes Morr:-on, of 
 Berks county, Engl.and, who su'isequently died, having first 
 made his List will and tesfcaraent, ami tlien-l'y. pinong other 
 things, appointed Charles Morrison, .\!;'i-ed Alorrisrn, .John 
 Dillon and Mary Ann Morrison his < xe. ntuis. The last 
 three named were subsequently appoinleil tnistee-i of all 
 the ground rents secured upon lands in Pennsylvania, and 
 have entered upon their duties. 
 I The complainants aver that upon the 2l8t of December, 
 1863, they ol'ferc d ] ayinent ..f the ]irineipal of said ground 
 rents (>-jiiO,ii .11) and .ill an-e:ir:r^"s ileTeon, aiid tendered 
 the money I !i ret; a- ill lawlal nini,. v -r the United States, 
 viz: in 111 it. s i-.siu'd l.y Uie i invei iihe nt ..f the United States, 
 and declared to he l.iwlul laiuiey and a lega.l tender in pay- 
 ineitt of all debts, (the covenant's in said deeds provide for 
 the extinguishment of the principal on the payment of 
 liwful money in the United States.) to .John W'elsh and 
 <• I.. I ..1: .111 xsiu fact for and sub.stitutes in the place 
 111 W,!': ; 1 - Miiii, attorney in fact f'lr tlie defendants, who 
 il ; 1(1 - li and otiiers any autho'ity to ree.ive the 
 
 the State of Pennsylvania, re.^idiiiLi ill lOiiL;iaiel : and com- 
 plainants are informed, ami ij"Ileve, Unit liicv dmy their 
 right to pay off and extinguish ilie sai-l veiiti with the mo 
 ney aforesaid, and deny that they are lini.inl t ) reeeive the 
 same and execute the necessary deeds fur the jiurpose of 
 extinguishing the same, and are about to bring suit lor the 
 same, or to make distress upon the proi>ertv on tlie]irenii.~es 
 
 for the collection of tl,.- r-nfs a« II. ev 1> .me d.ie and pav- 
 
 al.le; which thivnt. I '•!■■'■ H!-.:- iIm- . . ■..- ' i:. ,i.t~. be- 
 ing r.'ady and wiilii. I.. ,..^. - ; h.-ili 1 I. i . 1 ■! li,.',li„.nt 
 as aforesaid, aver (.. L. .1.., 1111. M.l. . ,,11., ,,i -,. .1 lie reto 
 they need the iiileurn-iiie .,1 tiie Cuiut. 'i'v 1I...I end this 
 bill has been filed, jiraying as we have above set forth. 
 
 The case is one of great importance, not only on account 
 of the large amount at stake, but also by reason of the great 
 .picstions nf cn.fitutinn.il law sshvh are involveil in h. It 
 i.s til" fii-.-^l time, ti".. we Inlirve. that the question (.f the 
 euii-tiliitii.iialitv ol liie art .,| ('.an;!, -smiikiim these notes 
 l.iwfiil mniiev and a le-,il (.-mlrr li.is heen presented in a 
 United State.s Court; and the great ablii'y of the le-al gen- 
 tlemen ei.niluethig it will ensure a fiill and able discnssien 
 of it. Messrs. ( liarles Gibbons and St. Geo. T. Campbell -ap- 
 liear for eoniplainants, and Geo. M. Wharton and Geo. V>\ 
 Diddle for the defendants. 
 
 Nov. 10 — Judge CJrior delivered this opinion: 
 Coined money, in modern tiuics, forms btit a very small 
 portion of the current niou' y nsi^d in commercial transac- 
 tions. Pa))er money, repre.^efniDg credit, has long been 
 used as current and l.iwliil innney. But no one could be 
 compelled to accept the i.roiuise of a bank to pay money, 
 
APPENDIX. 
 
 455 
 
 instead of the coin itself. The notes of the Bank of the 
 TJuited States, issued under the authority of the Qovern- 
 erument, were current money and lawful money, because 
 issued by such authority, but were never made a legal 
 tender for the payment of debts. 
 
 A contract made in the United Ptates for tlio paymi'iit of 
 a certain uumberof dollars would 1" imh-ii u, l , m ;,iiiii^-, 
 not Prussian dollars or Spanish m .! : i 'ii i -muI 
 
 coin of the United States. Thv .:■ : i iiuu 
 
 " lawful money of the United f^t.i'' ' i ^ ni i. I; k| lilu- 
 ous, and does not change the nature uf the olJli,^•ation. 
 
 The statutes of Conp;resB always take a distinction be- 
 tween lawful or current money and that which shall bo a 
 tender for payment of debts. Ilence, we lind when such 
 is the intention, the language is, "and shall be a legal 
 tender," &c. 
 
 Some coins of the Government are a legal tender below 
 a certain amount, but not beyond. Thus, by act of 9th of 
 February, 1703, after the expiration of three years all 
 foreign coins except Spanish milled dollars shall cease to be 
 a legal tender. 
 
 By act of April, 1806, " foreign gold and silver coins shall 
 pass current as money, within the United States," and bo a 
 legal tender for the payment of all debts, &c., at the several 
 respective rates following, <S.-c. 
 
 Again, by act of 2Sth of June, 1834, " the following gold 
 coins shall pass as current money, and be receivable in all 
 payments by weight at the following rates," &c. 
 
 Hence we find that in all cases where utlier money tlian 
 the coinage of the United States orders. 1 i i h. iv. i\,l.i.< 
 current or lawful money, the statute cair.i ,, , ih,. 
 
 rate and conditions under which they i I J 
 
 tender for payment of debts. It is il o. , , i , Mi.tt 
 Congress has always observed til.' oi nn' i i\\,_eu cur- 
 rent and lawful money, which ni;n 1 inpayment 
 of debts, if the creditor sees fit tn ;,, - ; . , . . i. l that which 
 he may be compelled to accept as a 1^ ,.,! i. u.iei. 
 
 It is clear, also, that if Congress make any other thing 
 than their own coin a legal tender, it may bo used as such. 
 Thus, in the act authorizing the National Banks, their 
 notes are made a legal tender for certain debts duo to the 
 Government, for taxes, &c., but not for debts due from one 
 citizen to another. 
 
 The treasury notes are made lawful or oiirrrnt nmney, 
 "and a legal tender for debts," &.■.. ,i i" i w n i;: "!■. i ' i;ils. 
 As this is the first act in which till . ii ;: ■ \ ■■ iv- 
 
 ereignty has been exercised, it -h n ' , i 1- 
 
 ly. It is doubtful in policy ami .loi:^' i -u, ,i^ ,i ^r. n- 
 dent. 
 
 The only question then is whether this case comes within 
 the letter of the statute. 
 
 Is the money which may be paid to extinguish a ground 
 rent within the category of the act? 
 
 Is it a debt? The owner of the land is not bound to pay 
 it. The owner of the rent cannot compel him to pay it. 
 There is no obligation as between the parties. It cannot 
 be converted into an obligation by the election of one of 
 the parties without the consent of the other. A man may 
 execute his bond to me voluntarily, but unless I accept it 
 he does not become my debtor. 
 
 These gi-ound rents, in the nature of a rent service, are 
 somewhat peculiar to Pennsylvania, and little known in 
 other States. But the Supreme Court of the State has very 
 clearly settled and determined tlioir ii.iiiir^ Tli • r i r^ mr 
 too well known to the legal prof s -lull in mil .[iii.tiii .n. 
 " A rent service (say the court in ];ii>f r ;s, Kulm . Wnlls 
 ASargeant, 18G)isnotadebt, andiK.iM'iiniit In |m\ it i,. 
 not a covenant to pay a debt. The amraal payment.; sj)iiiii; 
 into existence and for the first time become debts when 
 they are deniandable." 
 
 I am of opinion, therefore, that the tender offered by 
 the bill in this case is not authorized by the statute, and 
 that the respondents cannot be compelled to extinguish 
 their estate in the land by such a tender as that now made. 
 The bill must, therefore, be dismissed. 
 
 The reporter of the North American adds : 
 
 Questions of a similar character have been discussed and 
 variously decided in our State Co rts. 
 
 In the case of Patterson vs. Blight, m the Common Pleas 
 of this city, a bill similar to the above, to compfl the ex- 
 tinguishment of ground rents payable in " fiwlul silver 
 money of (he United States," of a "peculiar flnoiicss and 
 weight," was dismissed by Judge Allison, who held that a 
 ground rent was not a debt within the meaning of the act 
 of Congress. 
 
 The case of Kroner vs. Colhoun, before the same court, 
 was precisely similar to the Koadiug Railroad Company vs. 
 Morrison, and the bill was also dismissed. The point was 
 there discussed as to how far Congress had made their 
 notKS lawful money in all cases, and it was held that they 
 were only made l.wfiil money in payment of debts, an 1 
 that therefore the condition precedent to the extinguish- 
 
 ment by the payment in lawful money had not been per- 
 formed by payment in these notes. 
 
 The case of Paiior w. Martin, in the District Court, was 
 an action to recover damages for the nonpayment of cor- 
 taia ground rent arrears, payable in silver dollars, each 
 dollar weighing seventeen penny weights and six gi-ains, 
 at the rate of the promium upon silver, and it was h Id 
 that payment of such arrears in legal louder notes was 
 sufQcient. 
 
 In the case of SUollenberger m. Brinton, before the Su- 
 premo Court at Nisi Prius, similar to Patterson vs. Blight, 
 it was held by Judge Agnew that upon the tender by the 
 ground tenant of the principal money of the ground rent, 
 his election fixed it as a debt, and the prayer of the bill was 
 granted. 
 
 It may be remarked here that Judge Grier, though' the 
 cases are not alike so far as the covenants in the groond 
 rent deeds are concerned, arrives at the same conclr.sijn;5, 
 and in almost the same language as Judge Allison did in de- 
 ciding the case of Patterson vs. Blight, the first that had 
 then arisen under the act of Congress. 
 
 Relating to Peace. 
 
 MR. BENJAMIN TO MR. MASON. 
 
 On papje 307 is found the closing statempiit 
 made by Jefferson Davis to Col. Jacques an J 
 J. R. Gil-aore, on the occasion of their visit to 
 Richmond in August last. 
 
 August 25 — Mr. Benj !min issued a circular 
 from the State Department to James M. Mason, 
 '■ Commissioner of the Continent, &c., &c., &c., 
 Paris," giving the substance of the interview 
 referred to, as understood by him. The impor- 
 tant part is contained in the following summary 
 of Mr. Davis's views : 
 
 The President came to my oflSce at 9 o'clock in the eve- 
 ning, and Colonel Ould came a few moments latin-, with 
 Messrs. Jacques and Oilmore. The President said to them 
 that ho had heard, from me, that they came as messengers 
 of peace from Mr. Lincoln; tliat as such they w;re wel- 
 come; that the Confederacy had never concealed its desire 
 for peace, and that he was ready to hear whatever they had 
 to offer on that subject. 
 
 Mr. Gilmore then addressed the President, and in a few 
 minutes had conveyed the information that these two gen- 
 tk'men had come to Richmond impressed with the idea 
 that this Government would accept a peace on a basis of 
 a reconstruction of the Union, the abolition of slavery, and 
 the grant of an amnesty to the people of the States as 
 repentant criminals. In order to accomplish the abolition 
 of slavery, it w.n proiHwiil tlmt llicre should be a general 
 vote of all till' 1' '.il ■ .r lii'ih 1 dilutions, in mass, and the 
 majority of tip- \ i.- iIhk tikii was to determine that as 
 well as all otlur di-iiiitrd iiu. stilus. These were stated to 
 be Mr. Lincoln's views. Tlie President answered, that as 
 these proposals had been prefacoil by the remark that the 
 peo))le of the North were a majority, and that a majority 
 f)U,2lit to govern, the offer was, in effect, a proposal tha't 
 111- CniifiMlf^rate States should surrender at discretion, 
 mlniit ihit they had been wrong from the beginning of the 
 o^'ii'.i' t. Miliinit to the mercy of their enemies, and avow 
 tlmaiselvis to be in need of pardon for their crimes ; that 
 exterminatioji was preferable to dishonor. 
 
 He stated that if they were themselves so unacqu.ainted 
 with the form of their own Government as to make such 
 propositions, Mr. Lincoln ought to have known, when 
 giving them his views, that it was out of the power of the 
 Confederate Government to act on the subject of the do- 
 mestic institutions of the several States, each State having 
 exclusive jurisdiction on that point, still less to commit the 
 decision of such a question to the vote of a foreign people; 
 that the separation of the States was an accomplished fact; 
 that he had no authority to receive proposals for negotia- 
 tion except liy virtue of his office as President of an inde- 
 pendent Confederacy; and on tliis basis alone must pro- 
 posals be made to him. 
 
 Nov. Y — President Davis thus closes his An- 
 nual Message, at tlie opening of the second ses- 
 sion of the Second Rebel Congress: 
 
 The disposition of this Government for a peaceful solution 
 of the issues which the enemy has referred to the arbitra- 
 ment of arms has been too often manifested and is too well 
 known to need new assui uicrs. Hut while it is true that 
 individuals and parti;-s in iln' I nil d Si.it- -^ have indicated 
 a desire to substitute nil -n I r hn i. iml by negotiation 
 to stop the further sac! ill. r ni liiiiii.ui lilr. .imi to arrest the 
 calamities which now alilii t bolii ouutries, the authorities 
 
-:53 
 
 APPENDIX. 
 
 who control the Governinont of onr enemies have too often 
 and too clearly expressed tbfir resolution to make no peace, 
 except on terms of our unconditional submission and degra- 
 dation, to leave us any hope of the cessation of hostilities 
 until the delusion of their ability to conquer us is dispelled. 
 Among those who are already disposed for peace, many are 
 actuated by principle and by disapproval and abhorrence 
 of the iniquitous warfare that thoir Uovernraent is waging, 
 while others are moved by the conviction that it is no longer 
 to the interest of the United States to continue a struggle 
 in whi.-Ii '^^iffi.eij i^ unattainable. 
 
 ■\Vli : I ;i li^t growing conviction shall have taken 
 
 firm I ;,! : I i ,iii!s of a majority of the Northern people, 
 there \ 1 i ] , 'liiced that willingness to negotiate for 
 peace wlurli is now confined to our side. Peace is mani- 
 festly impossible unless desired by both parties to this war, 
 and the disposition for it among our enemies will be best 
 and most certainly evoked by the demonstration on our 
 part of ability and unshaken determination to defend our 
 rights, and to hold no earthly price too dear for iheir pur- 
 chase. VVhenever there shall be on the part of our eneiaios 
 a desire lor peace, there will bo no diihculty in finding 
 means by which negotiation can l)e opened; but it is uli- 
 vious that no agency can bo called into action uutil tliio 
 desire shall bo mutual. When that contingency shall hap- 
 pen, the Government, to which is confided the treaty- 
 making power, can be at no loss for means adapted to ac- 
 complish 60 desirable an end. 
 
 lu the hope that the day will soon be reached when, 
 under Divine favor, these States may be allowed to enter 
 on their former peaceful pursuits, and to develop the 
 abundant natural resources with which they are blessed, 
 let us then resolutely continue to devote our united and 
 unimpaired energies to the defence of our homes, our lives, 
 and our liberties. Tliis is the true path to peace. Let us 
 tread it with confidence in the assured result. 
 
 RESOLUTIONS OP THE LEGISLATURE OF ALABAMA. 
 
 The Richmond Enquirer of the 14th October, 
 1864, publishes the annexed resolutions : 
 
 Whereas this General Assembly did, on the 20th August, 
 18G3, adopt the two resolutions following, to wit : 
 
 Resolved, by the Senate and House of iiejjrcsentatives of 
 the State of Alabama, in General Assenibli/ convened, That 
 the war now being waged against the people and property 
 of the Confederate States, by the United States, is unpro- 
 voked and unjust, and is being conducted by our enemies 
 in utter disregard of the principles wliich should control 
 and regulate civilized wiU"fare ; that our oft-repeated pur- 
 pose never to submit to Abolition rule remains unshaken; 
 that our late reverses aro not attributable to any want of 
 courage or heroic self-sacrifice on the part of our brave 
 armies, and should not discourage our people or produce 
 doubts as to the final success; and that wo hereby pledge to 
 the cause of independence and perpetual separation from the 
 United States all the resources of the State of Alabama. 
 
 Be it further resolved. That, in order to insure a speed}' 
 triumph of our cause and the firm establishment of our in- 
 dependence, it is the paramount duty of every citizen in the 
 Confederate States to sustain, iuvisurate, and render effective 
 our gallant armies to the full extent of his ability, by en- 
 couraging enlistments, by furni.shing subsistence to the 
 families of sohhers at prices corresponding with the means 
 of such families, and by upholding the credit and currency 
 of the Confederate Government; and that to dishearten the 
 people and the soldiers at a period like this, to enfeeble the 
 sprin/js of action and destroy the elasticity requisite to rise 
 superior to tlie pressure of adverse circumstances, is to strike 
 the most insidious, and yet the most fatal blow at the very life 
 of the Confederacy. 
 
 And whereas this General Assembly still entertains the 
 opinions and cherishes the spirit herein expressed ; there- 
 fore. 
 
 It is resolved by the Senate and House of Representatives 
 of the State of Alabama, in General Assembly convened, 
 1, That the resolutions above copied bo and tiie same ai-e 
 hereby re-asserted and re-adopted as expressive of the feel- 
 ings, sentiments, wishes, and determination of this General 
 Assembly at the present time and in tlie present exigency. 
 
 2. Tliat in the military events of last year no cause for 
 despondency is found, and that neitlier patriotism nor wis- 
 dom can tolerate any termination of theprcsent war without 
 the maintenance of the independence of the Confederate 
 States. 
 
 VOTE IN THE REBEL HOUSE OF REPRESENTA- 
 TIVES. 
 
 1864, Nov. 21— Mr. Russell, of Virginia, of- 
 ered the following resolution : 
 
 Rirolwd, That this House deem it proper, in view of 
 recent events, to repeat the views expressed in the resolu- 
 
 tion adopted by the Ia<-t Congress, declaring the sense of 
 Congress in reference to reuniting with the United States; 
 that it is the unalterable dotermuiation of the i onfederate 
 States, who are suffering all the horrors and cruelties of a 
 proti-actsd war, that they will never, on any terms, politi- 
 cally affiliate with a people who aro engaged in the inva- 
 sion of their soil and the butchery of their citizens. 
 
 Mr. Clark, of Missouri, desired to submit a substitute for 
 the resolution, embodying the same views, but in a more 
 extended form. 
 
 Mr. Russell declined to withdraw the call for the ques- 
 tion, but askecl the yeas and nays, which w^ere ordered, and 
 resulted as follows : 
 
 Yeas— Messrs. Baldwin, Barksdale, Batson. Bell, Bland- 
 ford, Boyce, Bradley, Branch, Bridgers, E. JI. Bruce, II. W. 
 Bruce, Burnett, Chambers, Chilton, Chrisman, Clark, Clop- 
 ton, Cluskej', Colyar, Conrow, Cruikshank, Darden, Do Jar- 
 nctte, Dickinson, Dupre, Elliott, Farrow, Foote. Fuller, 
 Gaithtr, Garland, Gohlson,Goode,Hanly, Ilartridge,IIatch- 
 er, Hcrl^ert, Hilton, Holder, Ilalladay, Johnston, Koeble, 
 K enncr, Ltimpkin, Leach, J. M., Leach, J. T , Lester, Logan, 
 Lyon, Machen, McMullen, Menees, Miles, Miller, Jlontngue, 
 Moore, Murray, Norton, Orr, Perkins, r>,amsay, llead, Uives, 
 Kogeis, KusscU, Sexton, Simpson, Smith, J.M., Smith, W. 
 E., Smith of Ala., Smith of N. C, Snead, Staples, Swan, 
 Triplett, Turner, Vest, Yillers, Welsh, Wickham, Wilkes, 
 Witherspoon, Mr. Speaker — S3. 
 
 Nays — None. 
 
 THE PEACE ADDRESS FROM GREAT BRITAIK. 
 
 Washington-, D. C, JVovember 26, 1864. 
 Hon. William H. Sew^uid, Secretary of State, die, etc.: 
 
 Hon. Sik : I beg to inform you that I have been deputed 
 to convey to this country an address from the people of 
 Great Britain and Ireland to the people of the United 
 States of America. The address was presented to Governor 
 Seymour for him to present through the iiroper channel. 
 I was requested by him to convey it to the President of the 
 United States, as the authorized channel of communica- 
 tion between the people of other nations and the people of 
 the United States of America. 
 
 May I, therefore, ask the honor of an opportunity for so 
 doing ? 
 
 I am, Ilon. sir, yours, most obediently, 
 
 JOSEPH PARKER. 
 
 Department op State, 
 Washington, JSovember 26, 1864. 
 
 To Joseph Parker, Esq., Washington, D. C. : 
 
 MR : Your letter of this dale, stating that you are the 
 bearer of an address from the people of Great Britain and 
 I-eland to the people of the United States, has been re- 
 ceived. Before answering the question which your letter 
 contains, it is desiiable to be further informed whether you 
 have authority from the Government of Great Britain and 
 Ireland for the purpose referred to, and whether your mis- 
 sion has been made known to the diplomatic agent of that 
 Government accredited to the Government of the United 
 States. 
 I am, sir, your very obedient servant, 
 
 WILLLIAM H. SEWARD. 
 
 Metropolitan Hotel, 
 Washington, D. C., JS'ovember 26, 1864. 
 
 Hon. W. U. Seward, Secretary of State, dc, <£c.: 
 
 Hon Sir: In reply to your letter of to-day, permit me 
 to state that the address which I have had the honor of 
 being deputed by the parties signing it to bring to this 
 country, and containing the signatures of some three hun- 
 dred and fifty thousand of my countrymen— from the peer 
 to the artisan — isnot from the Government of Great Bri- 
 tain nor from any political party. It is simply an expres- 
 sion of tke earnest desire of the masses of the people of 
 Great Britain to see peace again restored to this continent. 
 Waiting your favor, I am, Hon. sir, 
 
 Yours, most obediently, 
 
 JOSEPH PARKER. 
 
 Department of State, 
 Washington, November 26, 1864. 
 
 To Joseph Parker, Esq. , Metropolitan Hotel: 
 
 Sir : The Government of the United States cannot receive 
 the address which was mentioned in your notes of this 
 morning. Your requci^t for an interview with the Presi- 
 dent to present the aildress is therefore declined. 
 I am, sir, your obedient servant, 
 
 WILLIAM n. SEWARD. 
 
APPENDIX. 
 
 45 
 
 " PKACE ' IX THE REBEL CONGRESS. 
 
 18G4, November 2G— Mr. J. T. Leacb, of 
 North Carolina, ofiered tlie foUovvinT resolu- 
 tions : 
 
 Whereas the unfriendly, ■unjustifiable, and unpatriotic 
 interference of citizens of the non-shivebolding States iu 
 their popular assemblies, from the pulpit, and by legislative 
 enactments, with the reserved rights of the States, [irovided 
 in the Constitution of the United States, and by the 
 laws of Congress, has been the prolific cause of a cruel, 
 bloody, and relentless war, that has no parallel in point of 
 atrocity, in the annals of the world, between a people pro- 
 fessing the Christian religion : 
 
 And \\hereas the citizens of the slave States, at an 
 unguarded moment, under the influence of unwise counsel, 
 without mature daliberation as to the fearful consequence, 
 made the election of Abraham Lincoln to the Presidency of 
 tlie United States the occasion for precipitating the Confed- 
 erate States out of the Union, which has been followed by a 
 train of fearful consequences not contemplated by those 
 who advocated the measure : 
 
 And whereas, we, the representatives of the people of the 
 Confederate States, desiring to place ourselves fairly before 
 our constituents, our enemies, and the civil world, declare 
 that it is our earnest desire that proper measures should be 
 adopted by the respective Governments to secure an lionor- 
 able, just, and permanent peace, not incompatible with the 
 principles as laid down in the Constitution of the United 
 States, ndi' with the inalienable rights of freemen; 
 
 Resolved, That the reserved rights of the States should 
 be guarded with watchlul and jealous vigilance, and that 
 any attempt to inlringe upon those rights should be resisted 
 by all lawful ami laupir means. 
 
 Rtsolvcd, That whenever the Government of the United 
 States shall signify its willingness to I'ecognize the reserved 
 rights of the t-tates, and guarantee to the citizens of the 
 States their rights of property, as provided in the Consti- 
 tution of the I niled States, and the laws of Congress, to 
 the end tli.^i ]• >> in ,\ !-• rt'stored, and our future happi- 
 ness and pi ^i-, I', i , 1 aated, we will agree to treat tor 
 peace; and I .; ,i .. ; ,. us uf peace as may bo agreed to 
 by comnii.^^ii. Ill I., .ipiiu. 11 led by the respective Governments, 
 or by the States acting iu their sovereign and independent 
 character, and ratified by a majority of the people, 
 sliall constitute the bond of peace between the North and 
 the South. 
 
 Mr. Leach said : Mr, Speaker, the resolutions that I hold 
 in my hand, and that I propose to read, by the permission 
 of tlie Chair, are not intended as an apple of discord in our 
 midst. I trust, sir, that tliey m.ay not produce discord in 
 our midst. All I ask is, that they may have a calm, careful, 
 unprejudiced hearing. 
 
 I do not offer them unadvisedly. I have consulted my 
 friends as to the propriety of introducing them, as well 
 as the proper time and circumstances. There is a different 
 opinion as to the propriety of time and circumstances. 
 
 I do not ofi'er them for the purpose of strengthening the 
 arm of the enemy. That has been effectually done by the 
 President in his speech at Macon, Ga., and more elfoctually 
 strengthened by the Governors of the Confederate States 
 and the President when tlicv r'--(viKiicn<Ied the use of 
 negroes as soldiers in the C^n • \ ■.':. Ido not offer 
 
 them for the jjurpose of ili-^ > n i heroic soldiers, 
 
 who have braved the leaduii ii il ' i ( mi upon the bloody 
 battle-field. I believe it will anmse tiiem to know that 
 they are fighting for something more dear to them than tlio 
 negro. 
 
 I offer them because I believe there is something practical 
 in them. I offer them br.-.n- - I n;,, <atj,ii.,l that iliy 
 constituents, both citizens a 1 ! I , : n.' an lumor.able 
 peace. I offer them because 1 i ; i, 1 ihit tla'prayers 
 of Christians, statesmen, ami i ati an- h i\a liam pnurod out 
 for peace, and that the great heart of the nation is pulsa- 
 ting for peace. I offer them because I know that war is a 
 relentless, cruel, blind monster, killing where he cannot 
 make alive, and reaping where ho has not sown. 
 
 [Mr. Leach desires to bo understood as not including the 
 " Border States " in his resolutions, the ordinances of seces- 
 sion having been adopted in the " Cotton States " long be- 
 fore the " Border States " went out. The latter acted under 
 the pressure of circumstances over which they had no 
 control.] 
 
 Mr. Montague fya.)said that he had nut designed saying 
 anything wla u ! nr i - -I li)'' laill |.i-,l ,\-, Imt he was un- 
 willing to I i .: ; li 111' man from North 
 
 Carolina |i: I ■ i ' I! i \iewed them elo- 
 
 quently ami '■ a iM' 'U . aial a,, as'd il,,,i 1 la 'y be rejected. 
 
 Numerous y,eiillaiHen callad th.- quest;. .n. 
 
 Mr. Leach asked that the vote be taken by yeas and nays, 
 and the llouse seemed to rise simultaneously to sustain the 
 «all. 
 
 I The roll being called, all the members voted in the afiirm- 
 ative. except Messrs. Fuller, J. M. Laach, J. T. Le.icli, Lo- 
 
 giii, Kara-av, ami Turner, all cf Nurtli Carolina. 
 
 .M-. i~. lal 1. !■ aa a\. iial ,1, M. l/-ach, after the vote 
 
 wa-aiiu >a . ,a. I . :, , I heir votes, as they 
 
 hal \..|. ; a, I . I a.. Mill 1 ["■elieiision that it 
 
 would ba ragailail a^ a ilicjiutL:^ V, all honorable Col- 
 league, 
 
 Tlieir votes were, with the consent of the House, recorded 
 in the afErmative. 
 
 Mr. J. M. Leach stated that ho know there was no mem- 
 ber on the floor from North Carolina who desir'^d peace upon 
 any other terms than eternal separation from the North. 
 [Applause in the galleries which was checked by the 
 chair.] 
 
 A SECOND LETTER FROM HON. W. W. BOYCE. 
 
 WiNNSDORO', S. C, October 20. 
 
 Dear Sir: In reply to your note, I lieg leave to say that 
 
 I think the course 1 recommend the; best possible course to 
 
 attain the great object we are aiming at, llie cslablishiiient 
 
 of our independence. It procet'ils ' pa, ; v\,, !> ,aia^ i iaas: 
 
 1. To reconcile the North, or ■•■ a r ' ■' ' ' • 'e 
 rational, to our independence, by 1 . a a. aa. ii us 
 possible our independence with tia I la I aa I 1 lai a :. 
 
 2. To avail ourselves of the division of sentiment at the 
 North. 
 
 It was to give potency to these two ideas at the South 
 that I insisted so strenuously in my letter to the President 
 on the danger to our republican institutions from the in- 
 definite continuance of the war. 
 
 Let mo call attention to this striking fact, that, of all the 
 world, the only pnlitical organization which proposes to 
 intervene betwaau us and tin; war party North, is the 
 party which aiU)|it. .1 t ha < hiaigo platform. Now, should 
 we pursue a polii y to laiilil up that party or not? I think 
 most decidedly wo should. 
 
 Let me call your attention to another fact. In the event 
 of the assembling of a Congress of the States, it is mani- 
 fest that, in that Congress, from the Northern States, would 
 be represented two adverse systems of ideas — one having 
 the animus of the Chicago platform, the other of the Lin- 
 coln programme. 
 
 The first of these would be in the ascendancy because 
 the very convening of the Congress necessaiily implies the 
 defeat of Lincoln and his system, as it is well understood 
 that Lincoln and the party ho represents are utterly op- 
 posed to the assembling of this Congress. 
 
 Under this state of facts, an abrupt division of sentiment 
 would be found in the Congress between the opponents and 
 the supporters of Lincoln. Prom this there might result 
 events of the vastest advantage to us, if our councils were 
 guided by a masterly wisdom. 
 
 If, under that conjecture, we could dig up the head of 
 Richelieu or Louis XI, or even the head of Elizabeth, the 
 great Queen of England, and put it, full of its original 
 brains, upon the shoulders of the man who would have the 
 direction of our diplomacy in that Congress, llie chances 
 would be a thousand to one that our country waaiKl emerge 
 from the clouds which now vn-\: I n. i . ai d. re- 
 generated, disenthralled." War I ' 1 ' I ai i I -lik- 
 ing at random, unless the genin 'a -Ihe 
 blows. Ideas are the true dixiani , .1 ila- sualnnary 
 world. Let us consult these our oracles. 
 
 As regards the instructions to our delegates, I have no 
 objection to their being of the character you indicate. 
 
 My great purpose is to break down the wall of fire which 
 separates us from the influences of peace North. I have 
 great faith that if Lincoln and his policy were once repu- 
 diated, and negotiations for peace entered upon, that every 
 moment wo would approach nearer and nearer to an aus- 
 picious result. With great respect, &c., 
 
 WILLIAM W. BOYCE. 
 
 Mr. James G. Holmes. 
 
 SECOND LETTER FROM ALEXANDER H. STEPHENS. 
 
 * Mr. Alexander H. Stephens, of Georgia, the 
 Confederate Vice President, has published the 
 following letter in further explanation of his 
 views on the peace question. It originally ap- 
 peared in the Augusta Constitutionalist of the 
 16lh November, 18(34, prefaced by a note from 
 Mr. Stephens, by which it appears that this let- 
 ter was not intended for the public eye, but 
 that its publication has been induced by the 
 strictures of the public press upon a prior let- 
 ter of Mr. S. on the same subject. Some por- 
 tions of the letter, as is indicated by asterisks, 
 are omitted. Of these Mr. Stephens says that 
 
458 
 
 APPENDIX. 
 
 some are omitted from public considi rations, 
 and otlurs because they relate exclusively to 
 individual affairs. 
 
 CRAvrFORDSTlLlE, (Ga.,) November 5, 1864. 
 Hon. Thomas J. Semmes, C. S. Senate, Richmoud. 
 
 My Deak Sir: I have just read a report of your speech 
 at Mobile. From that report I am persuaded yon are 
 greatly luistaUi'n as to my views upon the subject of a 
 Convention of tlu- States, au'l I trust you will excuse and 
 pardon ni- li.r this letter upon th:it subject. 
 
 T have I'V nu means iiiviti-d sueh a convention by any 
 thing that 1 have said oi- written upon tlie subject. It is 
 not at all a fivorito idea with me a-sa mode of inaugur.at- 
 ing neguti itions for peace. I see many difficulties attend- 
 ing it. Lut as s.) respectable a body as the Chicago Con- 
 vention, 1 ipi osenting so large a portion of the enemy, had 
 pledi;ed t!]eiiis( Ives, if brought into power, to tender such 
 a proi.osiii.iM, I did tliink, and do still think, that it was 
 highly poliiir and wise on our part to respond fiivorably to 
 that projii- iiiiiii, inasmuch as 1 saw no insuperable objec- 
 tion to it witli tlie liniiiations and restrictions stated in my 
 letter. Iinlic.l, \miIi i hose limitations I saw no objection 
 at all, undti- |a-.-.ei]t c ii cmnstances, to acceding to snch a 
 proposition (if it should bo made) as the initiation of ne- 
 gotiations. It would be the lirst step, and in all such cases 
 the first step is often tlie most ditlicnlt. 
 
 If the Federal Government should propose to ours a con- 
 vention of the States, I do not see why it might not be 
 accepted simply as an advisory body, as I suggested. I 
 see no constitutional difficulties in the way. The treaty- 
 making power in both Governments is ample to provide 
 for it. The treaty-making power on both sides mi<;ht 
 agree to submit the questions at issue to the consideration 
 of any set of men on earth, if they choose, and hear the 
 report without any pledge in advance to be bound by that 
 report. In personal quarrels, such submission is often 
 made, an<l to tho honor of humanity it may be said that, 
 in most cases of this kind, the result is an amicable and 
 honoralile settlement. Wh<<ther such would be tho result 
 of a (((av'iilioii ( i' tla' Stales in our case, is of course un- 
 certiiii. 'J'lie p:..li:i!iiliii( s, I am free to say, in my judg- 
 ment, are dial it would Ije. At any rate there is a possi- 
 bility that it nii-ht. \Vlien w(! look at the elements of 
 sucha body, if it should bo tendered on the other side and 
 accepted on ours, and the true natun^ of tho controversy, 
 I am not witlimit strong hojies that it would so result. 
 
 There is no prospect of such proposition being tendered 
 unless McCleilan shouht be elected. Ho cannot 1)0 elected 
 without carrying a sufficient number of the States, which, 
 if united with those of tho Confederacy, would make a 
 majority of the States. In such a Convention then, so 
 formed, have wo not strong reasons to hope and expect 
 that aresolution could be passed denyingtheconstitutional 
 power of tho Government, under the compact of 1787, to 
 coerce a State ? The Chicago platform virtually does this 
 already. Would not such a Convention most probably re- 
 affirm the Kentucky and Virginia resolutions of 1798 and 
 1799? Are thero not strong reasons, at least, to induce us 
 to hope and beliipie that they might? If even that could 
 be done it would end the war. It would recognize as the 
 fundamental principle of American institutions thcHlti- 
 mate, absolute sovereignty of the several States. This fully 
 covers our independence — as fully as I wish ever to see it 
 covered. I wish no other kind of recognition, whenever it 
 comes, than that of George III. of England, viz : the re- 
 cognition of tho sovereignty and independence of each 
 State, separately and by name. 
 
 Our Confederation was formed by sovereign and inde- 
 pendent States. It was formed for the defence and main- 
 tenance of the sovereignty of each. We have unity of 
 name and unity of action, simply because the cause of each 
 has become the cause of all. If, then, a majority of tho 
 States should, in solemn convention, settle this great prin- 
 ciple, would it not virtually settle the controversy and end 
 the war, covering everything for which we are contending? 
 Would not the terms of a final treaty of peace be easily 
 adjusted after the settlement of this great principle ? And 
 are there not sufficient reasons to hope that tuch might be 
 the result, in case a convention should bo proposed as I 
 have stated, and accepted as a mode of inaugurating nego- 
 tiations of peace, to justify our making a favorable response 
 to the tender of the party at Chicago, in case they should 
 bo brought into power ? To my mind it seems clear that 
 they are. 
 
 You will also allow mo to say, that I look upon the elec- 
 tion of McCleilan as a matter of vast importance to us in 
 every view of tho case, and hence 1 thought it judicious, 
 patriotic, and wise to do everything that could bo properly 
 done to aid in his election. Whatever may behisindividual 
 opinions, he is the candidate of tho State rights party at 
 the North, in opposition to the Centralists and Consolida- 
 ^onists, whoso hobby now is Abolitionism. I have thought 
 
 from the beginning that our true policy was to build up and 
 strengthen such a party at the North by all means in our 
 power. Not only upon the wise maxim of Philip, of Maca- 
 don, to divide the enemy .as a question of policy merely, 
 but from a highor and much nobler motive. Not only an 
 early peace, but our future safety, security, and happiness 
 required it. 
 
 The people of the North are obliged to be our neighbors. 
 It matters not how tfiis war may terminate, they are along- 
 side of us, and must, with the generations after them, there 
 remain forever. It is of the utmost importance to us and 
 our posterity that they should be good neighbors, what- 
 ever be the relations existing Ijetween them and us. To be 
 good neighbors they must have a good Government. It is 
 almost as vital to us that they have a good Government as 
 that we have such ourselves. " It is much better to govern, 
 if it can be done, by ideas than tho sword. If this war 
 shall result in the establishment, permanently, of the fun- 
 damental principle lying at the foundation of American 
 constitutional liberty, that is, the absolute, ultimate sover- 
 eignty of the States, it will more than compensate for all 
 its sacrifices of blood and treasure, great as these have been, 
 or may be. It will secure peace on the continent for agi s 
 to come. We therefore have a great interest in fostering, 
 cherishing, and building up and raising to power at the 
 North any party favoring these principles. 
 
 If tho proper line of p licy had been pureued by our 
 authorities toward that element of popular sentiment at the 
 North from the beginning, I believe the States rights p.\rty 
 there would have been triumphant at the approaching 
 election. I believe an out and out State rights man might 
 and would have been nominated at Chicago and elected. 
 But tho iiolicy of our authorities seems to me, as far as I 
 can j ndi^e of it, to have been directed with a view to weaken, 
 ciiiiple, and annihilate that party. So farfrom acting even 
 upon tho policy of dividing the enemy, their object seems 
 to have been to unite and inflame tliem. I do. moreover, 
 verily believe that if President Davis, even after Mci'lellan's 
 nomination, had made a favorable response to the Chicago 
 resolution looking to a Convention of the States, a.s a mode 
 of inaugurating negotiations of peace, that it would greatly 
 have aided his election. It might have secured it. All 
 that ho need have said in some public manner was, that if 
 such proposition sliould be tendered by the Federal Govern- 
 ment ho would accede to it, with some such limitations and 
 restrictions as stated by me in the letter before alluded to. 
 The idea that this could not be constitutionally done is 
 strange to me. In the most objectionable view of the sub» 
 ject, delegates, one or more from each State, would be but 
 commissioners or plenipotentiaries from each Government 
 respectively to initiate negotiations, &c. Their acts would 
 be subject to the approval or disapproval of their Govern- 
 ments respectively. Why commissioners could not be ap- 
 pointed in this way as well as any other, without any vio- 
 lation of tho Constitution, I do not see. The treaty-making 
 power in both Governments is ample for this purpose. At 
 least it seems so to me. Indeed, as I have said before, it 
 seems to mo th.at it is ample on both sides to submit tho 
 questions in issue to the consideration merely of any body 
 on earth. But enough of this. ***;** 
 
 I know that there are many persons among us, whose 
 opinions are entitled to high consideration, who do not 
 agree with me on the question of McClcllan"s election. 
 They prefer Lincoln to McCleilan. I'erhaps tho President 
 belongs to that class. Judging from his acts, I should think 
 that ho did. Those of the class to whom 1 refer with whom 
 I have met, think that if what they term a conservative 
 man should be elected, or any on the Chicago platform oven, 
 that such terms for a restoration of tho Union would be 
 oflered as our people would accept. The ghost of the Union 
 haunts them. Tho spectre of reconstruction rears its 
 gliaslly head at every corner, to their imagiiuilion. These 
 api^rehensions, I doubt not, are sincere. But I entertain 
 none such myself. I am no believer in ghosts of any kind. 
 The old Union and the old Constitution are both dead — 
 dead forever, except in so far as the Constitution has been 
 preserved by os. There is, for the Union as it was, no re- 
 surrection by any power short of that which brought Laza- 
 rus from tho tomb. There may be, and doubtless are, many 
 at the North and some at the South who look forward to a 
 I'estoration of the Union and the Constitution as it was; 
 but such ideas are vain and illusory !vs the dreamy imagin- 
 ings of the Indian warrior, who in death clings to his 
 weapons in fond expectation that he will have usj for them 
 beyond tho grave in other lands and new hunti.;g grounds. 
 
 These fears of voluntary reconstruction are but chimeiMS 
 of the brain. No one need entertain any such from Mc- 
 Clellan's election. But, on the contrary, I think that 
 peace, and peace upon the basis of a separation of the 
 States and our independence, would be the almost certain 
 ultimate result, if our authorities should act wisely, in the 
 event of his election. My reasons for this opinion are 
 briefly these : A proposition for an armistice and a Conven- 
 tion of the States might be expected from him soon after 
 
APPENDIX. 
 
 459 
 
 his induftion into office. This, on our side, being acceded 
 to, as it ought to be, some time would elapse before the 
 conference could meet. The passion of the day on both 
 Bides wiiuUl considerably subside in the interim. The Con- 
 vention nii^ht adopt such a resolution as I have stjited. 
 Lookiug to its probable composition, as before stated, there 
 is strong probubility that it would. That, as before stated, 
 would end the matter, and to our entire satisfaction. But, 
 take the worst supposable view of it. S^uppose that they 
 should wrangle, do nothing, and adjourn, and that no 
 other mode of settlement by negotiation should be pro- 
 posed. How would matters then stand ? 
 
 McClellan would doubtless, as his letter of acceptance 
 indicates he would do, renew the war for the restoration 
 of the tjnion and the old Constitution with all its guaran- 
 ties. The moment he should do this, the whole abolition 
 element at the North, now the life and the soul of the war, 
 would turn against it. The old Union with the old Consti- 
 tution is just what they do not want. They have always 
 regarded it as no better than 'a league with Satan and a 
 covenant with Hell." Ths right arm of the war-spirit of 
 the North will be paralyzed the moment the war is put 
 upon that footing. Besides this at least two-thirds of fllc- 
 Clellan's own party manfully hold and proclaim the doc- 
 trine that there is no power in the central Government 
 constitutionally to coerce a State. These two elements 
 would constitute an overwhelming majority at the North 
 decidedly against the further prosecution of the war. 
 Meanwhile financial embari assments would be doing their 
 work. The war would inevitably fail in consequence. 
 When all etforts to persude our people to go back iuto the 
 Union voluntarily failed, as they would, if our authorities 
 shall so act as to secure the hearts and affections of the 
 people as they ought, then McClellan would ultimately be 
 compelled to give up the restoration of the Union as a for- 
 lorn hope. Peace would come slowly but surely upon our 
 own terms and without any more fighting. 
 
 But this is not all. Other causes would operate to the 
 same result, which, of themselves, even without consider- 
 ing those above stated, would effect the same thing. The 
 moment McClellan should renew the war with the avowed 
 object of restoring the Union with the old Constitution and 
 ail its guaranties, that moment, or as soon as possible, our 
 recognition abroad would come. The silent sympathy of 
 England, France, and other European Powers, at present 
 with Lincoln, arises entirely from their mania upon the 
 subject of negro slavery. ****** 
 
 Lincoln had either to witness our recognition abroad, 
 the moral power of which alone, he saw, would break down 
 the war, or to make it an emancipation w;u-. He chose the 
 latter alternative, and the more readily because it chimed 
 in so accordantly with the feelings and views of his own 
 party. This, in my opinion, is the plain English of the 
 whole matter; and just as soon as McClellan should re- 
 new the war with a view to restore the Union, the old 
 Constitution, with slavery, &.C., would England, France, 
 and other European Powers throw a!l the moral power 
 and influence of their recognition on our side. I am not 
 certain that they would not go further, rather than see the 
 Union thus restored, if it should become necessary. But 
 it would not become necessary. The other causes alluded 
 to would completely effect our deliverance without any 
 material aid from them. 
 
 So, iu any and every view I can take of the subject, I 
 regard the election of McClellan and the success of the 
 State rights party of the Norih, whose nominee he is, of the 
 utmost importance to us. With these views, you readily 
 perceive how 1 regarded the action of the Chicago Conven- 
 tion as "a ray of light, the first ray of real light 1 had seen 
 from the North since this war legaii." You can also, from 
 these views, more correctly appreciate my motives for 
 giving what Iconsidered a favorable response to that action. 
 1 bespeak your careful attentiou to the language of that 
 response. From the report of your speech I am led to infer 
 that you entertained theopiniou that I was favoring and invi- 
 ting a Convention of the States iu some outside way, and not 
 through the organized channels of the two Governments. 
 No such idea was ever in my mind, and never can be until 
 I am prepared for another revolution — if secession be a 
 revolution ; for the States could not go into such a Conven- 
 tion as you seem, from the report of your speech, to think 
 I favored, without first seceding from their present alliance. 
 This, to my mind, is as clear as it is to yours. Of course 
 w^hat I said had to be brief, covering only general points. 
 I could not go into a full explanation of my reasons for 
 what I said, because that would have done damage instead 
 of good to the cause which I wished to aid. 
 
 I know that many of our peopl" know that any allusion 
 to pea- e on our side, or any public expression of a desire 
 for peace, or the offer of terms uj.on which we ought to be 
 willing to make peace, is injurious to our cause ; that it has 
 a bad effect upon our armies and encourages the enemy to 
 fight on under the behef that such declaration indicates a 
 
 disposition on our part to yield. Some go so far as to main- 
 tain that we cannot, consistently with our purpose to secure 
 iiidependence at all hazards, entertain any propositions 
 unless they bo based upon our iudependouce, or unless 
 this be promised and granted in the offer. I concur 
 in none of this reasoning. Nothing would give us more 
 strength at home or abroad, with our armies and the world, 
 than to keep consfcmlly before the public what we are fight- 
 ing for and the terms upon which the co'.test forced upon 
 us may bo ended. The right is with us. The right always 
 has of itself great moral power if properly used aiid 
 wielded. This depends upon what may bo styled diplo- 
 macy. Diplomacy does not necessarily involve interchange 
 of views or intercourse between parties. It should not bo 
 neglected in wars, even though the enemy should refuse to 
 receive any communications. The result of most wars de- 
 pends as much upon tliplomatic skill in its proper sense as 
 it docs upon arms. The real statesman knows when and 
 how to use the pen as well as the sword. The constant 
 proclamation to the world of what we are fighting for can 
 never weaken our cause with those who are periliug their 
 lives in that cause, especial. y if all our acts toward them 
 and all others show that our professions are true ; nor is 
 there the shghtost inconsistency, in my opinion, between 
 the most fixed determination on our part to end the war 
 upon no terms short of independence, and, at the same 
 time, entertaining, hearing, and accepting offers to negotiate 
 upon any other basis whatever. The doors to treat, to re 
 gotiate, to confer, to reason, should alwa-. s be kept widely 
 open. Those who have the right on their side should never 
 shun or avoid reason. They should never decline an en- 
 counter on that arena. 
 
 I have been led to these remarks more with a view to 
 seli'-vindication than to the expression or utterance of any 
 unrecognized truths. ******* 
 
 On the question of reconstruction, I stand now just where 
 I did in October, 1861, when I wrote to a gentleman iu 
 i.nrirer to a letter from him, stating that I was charged with 
 sue;- sentiments, and desiring mo to give a public denial of 
 it. I to'd him, in reply, that Hooked upon such "a charge 
 as no lebS an imputation upon my intelligence than upon my 
 integrity. The issue of this war, in my judgment, was sub- 
 jiigation or iadependence. I so understood it when the 
 State of Georgia seceded, and it was with a full conscious- 
 ness of this fact, with all >Js responsibilities, sacrifices, and 
 perils, that I pledged my="lf, then and there, to stand by 
 her and her fortunes, wh>v(ever they might be, iu the course 
 she had adopted." "As for making any public denial of 
 such a charge, I folt too mr.ch sell-respect to do it." * * • 
 Yours trulv, 
 
 ALEXANDER H. STEPHENS. 
 
 P. S. It is but proper that I should add, even by post- 
 script, to this letter, long as it is, that I was highly pleased 
 with the general character and tone of your speech at Mo- 
 bile, as reported. It was well calculated to do much good, 
 and I doubt not it will. A. H. S. 
 
 Miscellaneous. 
 
 THE FREE CONSTITUTION OF M.\RTLAND. 
 
 The Free Constitution of Maryland, contain- 
 ing the provision for emancipation stated 
 on page 227, was adopted at an election held 
 on Wednesday and Thursday, October 9th and 
 10th, 186-4. On the 29th of "October, Governor 
 A. W. Bradford issued a proclamation announ- 
 cing the adoption of the Constituuon, and that 
 it would supersede the oid Constitution on the 
 1st of November, 1864. The whole vote, as 
 officially declared by him, was : 
 
 For the Constitution ."0,174 
 
 Against the Constitution 29,7'J9 
 
 Blank ballots 61 
 
 Ballots reported as against the Constitution, but not 
 counted because the persons offering them refused 
 to take the oath required by said Constitution .... 33 
 
 Total vote 60,007 
 
 The vote of the soldiers, counted by the Gov- 
 ernor, was : 
 
 For the Constitution 2,6.13 
 
 Ag-.iiust the Constitution -63 
 
 Four returns from the army were rc-jectea by 
 
460 
 
 APPENDIX. 
 
 the Governor, for reasons stated by bim in his 
 published opinion, which gave : 
 
 For tho Constitution 285 
 
 Against the Constitution 5 
 
 Application was made, before the issue of 
 the Governor's procLimation, to the Court of 
 Appcnls, for a mandamus to prevent its issue; 
 which the court refused, unanimously, to grant. 
 
 In addition to other features, the new Con- 
 stitution of Maryland contains this article : 
 
 Article 5.— The Constitution of the United States, and 
 the laws made in pursuance thereof, being the supremo 
 law of tlie land, every citizen of this State owes paramount 
 allegiance to the Constitution and Government of the 
 United Stales, and is not bound by any law or ordinance of 
 this State in contravention or subversion thereof. 
 
 In incorporating into her fundamemtal law 
 this declaration of the duty of perpetual fidel- 
 ity, and paramount allegiance to the United 
 States, Maryland is in advance of all other 
 States. 
 
 ADMISSION OF NEVADA. 
 
 1864, October 31^ — President Lincoln issued 
 a proclamation declaring that the people of 
 Nevada had complied with the act of Congress 
 of March 21, 1804, to enable them "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 
 that the State of Nevada is so admitted. 
 
 BRITISH AID TO THE REBELLION. 
 Mr. Adams to Mr. Seward. 
 
 No. 817.] LEaATION OP THE UNITED STATES, 
 
 London, Nw. 18, 1864. 
 Sm : I have received from Lord Wharncliffe, the chair- 
 man of the British association organized to give aid and 
 comfort to the rebel cause, a note, a copy uf wliich is trans- 
 mitted herewith. 
 
 I append a copy of my reply. 
 . I have the honor to be, sir, your obedient servant, 
 
 CllAKLES FliANCIS ADAMS. 
 Hon. Wm. H. Seward, 
 
 Secretary of State, Wasldngtm, D. C. 
 
 Lord Wharncliffe to Mr. Adams. 
 
 WoRTLET Hall, 
 Sheffield, November 12, 1864. 
 
 Your Excellency : A bazaar has been held in St. George's 
 Hall, Liverpool, to provide a fund for the relief of Southern 
 prisoners of war. It has produced a clear sum of about 
 £17,000. In preference to any attempt to reach the in- 
 tended object by ciixuitous means, a committee of English 
 gentlemen has been formed to address you on the subject. 
 
 As chairman of this committee I venture to ask your 
 excellency to request the permission of your government 
 that an accredited agent may be sent out to visit the mili- 
 tary prisons within the Northern States, and minister to 
 tho comfort of those for whom this fund is intended, under 
 such supervision as your government may direct. 
 
 Permit me to state that no political end is aimed at by 
 tliis movement. It has received support from many who 
 were opposed to the political action of the South. Nor is it 
 intended to impute that the Confederate prisoners are de- 
 laed such attentions as the ordinary rules enjoin. But 
 tliese rules are narrow and stern. Winter is at hand, and 
 the clothing which may satisfy the rules of war will not 
 protect the natives of a warm climate from the severe cold 
 of tlie North. 
 
 Sir, the issue of this great contest will not be determined 
 by individual suffering, be it greater or less ; and you, whose 
 fimily name is interwoven with American history, cannot 
 view with indifference the suffering of American citizens, 
 whatever their aliite or their opinions. 
 
 On more than one occasion aid has been proffered by the 
 people of one country to special classes, under great afflic- 
 tion, in another. ]>lay it not be permitted to us to follow 
 these examples, esjjecially when those we desire to solace 
 are beyond the reach of their immediate kinsmen? I 
 trust these precedents, and the voice of humanity, may 
 plead with your excellency, and induce you to prefer to the 
 
 Government of the United States the request which I have 
 the honor to (submit. 
 
 I am, sir, your obedient, humble servant, 
 
 WUARNCLIFFB. 
 
 His Excellency Hon. C. F. Adams. 
 
 Mr. Adams to Lord Wharncliffe. 
 
 Legation of the United States, 
 London, Nov. 18, 1864. 
 
 My Lord: I have the honor to acknowledge the recep- 
 tion of your letter of the 12th instant, asking me to sub- 
 mit to the consideration of my government a request of 
 certain English gentlemen, made through your lordship, to 
 send out an accredited agent to visit the military prisoners 
 held by the United States, and afford them such aid, addi- 
 tional to that extended by the ordinary rules of war, as 
 may be i)rovided by the fund which has been raised hero 
 for the purpose. 
 
 I am sure that it has never been the desire of my gov- 
 ernment to treat with unnecessary or vindictive severity 
 any of tho misguided individuals, parties in this deplorable 
 rebellion, who have fallen into their hands in the regular 
 course of war. I should greatly rejoice were the effects of 
 your sympathy extended to the ministering to the mental 
 ailment not less than the bodily sufferings of these unfor- 
 tunate persons, thus contributing to put an end to a struggle 
 which otherwise is too likely to be only procrastinated by 
 your labors. 
 
 Ee that as it may, I shall be happy to promote any hu- 
 mane endeavor to alleviate the horrors of this strife, and 
 iu that sense shall very cheerfully comply with your 
 lordship's desire so far as to transmit, by the earliest oppor- 
 tunity, to my government a copy of the application which 
 has been addressed to me. 
 
 I beg your lordship to receive the assurance of my dis- 
 tinguished consideration. 
 
 CHARLES FRANCIS ADAMS. 
 
 Lord Wharncliffe, &c. 
 
 Mr, Seward to Mr. Adams. 
 
 No. 173.] 
 
 Department of State, 
 Washington, December 5, 1864. « 
 
 Sir : I haVe received your dispatch of tlie 1 stli of Novem- 
 ber, No. 807, together with the papers therein mentioned, 
 namely, a copy of a letter which was addressed to you on 
 the 12th of November last by Lord Wharncliffe, andacopy 
 of your answer to that letter. 
 
 Your proceeding in the matter is approved. You will 
 now inform Lord Wharncliffe that permission for an agent 
 of the committee described by him to visit the insurgents 
 detained in military prisons of the United titates, and to 
 distribute among them seventeen thousand pounds of 
 British gold, is disallowed. Here it is expected that your 
 correspondence with Lord Wharncliffe will end. 
 
 That correspondence will necessarily become public. On 
 reading it, the American people will be well aware that, 
 while the United States have ample means for the support 
 of prisoners, as well as for every other exigency of the war 
 in which they are engaged, the insurgents, who have blindly 
 rushed into that condition, are suffering no privations that 
 appeal for relief to charity either at home or abroad. 
 
 The American people will be likely also to reflect that 
 the sum thus insidiously tendered in the name of humanity 
 constitutes no large portion of the profits which its con- 
 tributors may be justly supposed to have derived from the 
 insurgents by exchanging with them arms and munitions 
 of war for the coveted productions of immoral and ener- 
 vating slave labor. Nor will any portion of the .'Vmerican 
 people be disijoscd to regard the sum thus ostentatiously 
 offered for the relief of captured insurgents as a too gener- 
 ous equivalent for the devastation and desolation which a 
 civil war, promoted and protracted by British subjects, has 
 spread throughout States which before were eminently 
 prosperous and happy. 
 
 Finally, in view of this last officious intervention in our 
 domestic affairs, the American people can hardly fail to re- 
 call the warning of the father of our country, directed 
 against two great and intimately connected public dan- 
 gers, namely, sectional taction and foreign intrigue I do 
 not think that the insurgents have become debased, al- 
 though they have sadly wandered from the ways of loyalty 
 and patriotism. I think that, in common with all our 
 countrymen, they will rejoice in being saved by their con- 
 siderate and loyal government from the grave insult which 
 Lord Wharnclifle, and his associates in their zeal for the 
 overthrow of the United States, have prepared lor the vic- 
 tims of this unnecessary, unnatural, and hopeless rebellion. 
 
 I am, sir, your obedient servant, 
 
 WILLIAM TI. SEWARD. 
 
 Charles Francis Adams, Esq., &c., &c., &c. 
 
THE CHURCH AND THE REBELLION 
 
 Testimony of the Churches. 
 
 PKESBYTEEIAN. 
 
 GENERAL ASSEMBLY OF 18G1, (OLD SCHOOL.) 
 
 May 16— The body met in Philadelphia. 
 
 May 18 — Dr. Spring otfered a resolution, that 
 a Special Committee be appointed to inquire 
 into the expediency of this Assembly making 
 some expression of their devotion to the Union 
 of these Slate ^ and their loyalty to the Got- 
 ernment ; and if in their judgment it is expe- 
 dient so to do, they report what that expression 
 shall be. 
 
 On motion of Mr. Iloyte, this resolution was 
 laid on the table by a vote of 123 to 102. 
 
 A call tor the yeas and nays, to be recorded, 
 was made by Mr. Robertson, after the members 
 had begun to vote by rising, which the Modera- 
 tor declared to be out of order. 
 
 After the result of tlie vote had been an- 
 nounced, Mr. H. K. Clarke moved to t:ike this 
 resolution up from the table, and on this mo- 
 tion called for the yeas and nays. Points of 
 order were discussed on this mol-ion, until ihe 
 Moderator called for the order of the day, to 
 bear delegates from corresponding b^tdies. 
 
 May 22 — Dr. Spring offered a paper with res- 
 olutions respecting the appointment of religious 
 solemnities for the 4th of July next, and the 
 duty of ministers and churches in relation to 
 the present condition of our country. 
 
 May 24 — Dr. Hodge proposed a substitute. 
 
 May 27 — Dr. Hodge withdrew his substitute, 
 and Dr. Wines moved one. A motion to table 
 the whole subject was lost — yeas 87, (63 min- 
 isters, 24 elders,) nays 153, (76 ministers, 67 
 elders. 
 
 May 28 — Drs. Musgrave, Hodge, Yeomans, 
 Anderson, and Wines, ministers, and Messrs. 
 Ryerson, Giles, White, and II. K. Clarke, ruling 
 elders, were appointed a Special Committee on 
 the subject. Same day, the Committee re- 
 ported — Dr. Musgcave presenting the report of 
 the majority (8 of the 9,) and Dr. Anderson 
 the minority, being Di'. Spring's resolution, 
 with a slight alteration. 
 
 THE MAJORITY REPOET. 
 
 Gratefully acknowledging the distinguished bounty and 
 care of Aimii;lity Oud towards tliis favored land, and also 
 recognising our obligation to submit to every ordinance of 
 
 man for the Lord's sake, this General Assembly adopts tho 
 following resolutions : 
 
 Resolved, 1. That in view of the present agitated and un- 
 happy condition of this country, Monday, tho first day of 
 July next, be hereby set apart as a day of prayer through- 
 out our bounds, and that on that day minister^ and people 
 are called upon humbly to confess and bewail our national 
 sins, to offer our thanks to the Father of lights for his abun- 
 dant and undeserved goodness to us as a ivti -ii, t'i ^.■•■k 
 Ilis guidance and blessing upon our rulers :!!;■] ii.ir < -i:- 
 sels, as well as upon the Ccngi'ess then a - , > . 
 and to iniiilore Ilini, in tho name of Jesus Cli. ;-i. 1 1.' i ^ t 
 lIiL;li i'ri'^t rf Tim Christian profession, to turn auav l.ij 
 ail- r I ,1 r -il speedily restore to us the blessings of a 
 salr .,1 >1 Ir , ' :.• peace. 
 
 Vi - I it the members of this General Aissembly, 
 
 in the SI 1. it 111 that Christian patriotism which the Scrip- 
 tures enjoin, and wliicli has always characterized this 
 Church, do hereljyackn.'wIiMloe and declare their obligation, 
 so far as in tliem lies, to maintain the Constitution of these 
 United States in the full exercise of all its legitimate pow- 
 ers, to preserve our beloved Union unimpaired, and to re- 
 store its inestimable blessings to every portion of tlie 
 land. 
 
 Rcsolwd, 3. That in the present distracted state of the 
 country, this Assembly, representing the whole Church, 
 feel bound to abstain from any turtlier declaration, in 
 which all our ministers and memhcis fii!';'!! to the Con- 
 Btitnliou and Standards of tho Chin !i in ' i i <.t l)e aide 
 conseiiintiously and Siifely to join. Ill: : in . .iifc of re- 
 
 gard as well to the interests of our n MM I I hiiliy, as to 
 those of the ChuiX'h, the Assembly adupis Uiis jimute as 
 its deliverance upon this subject. 
 
 Dr. Musgrave moved to amend by modifying 
 the second resolution, after '■ the United States," 
 so as to read: "and cur constitutional rulers, 
 in the full exercise of their legiiimate pow- 
 'ers;" which was lost. 
 
 The report was then rejected — yeas 84, nays 
 128, as follows : 
 
 Yeas— Messrs. Kennedy, J. T. Backus, L. Merrill Miller, 
 Aitken, Lane, Hall, 'Westcott, Lindsley, Imbrie, Martin. 
 
 Honibl.iwer, llo.lye, llamiU. f^tud.liloid, Adams, Suuw.len, 
 
 (iir :, ■. ■,. l-,illa;ilynr, J;,i,,l, i, ■ ' i . , : 
 
 K-i' . I I . ■ iif liurliugtou, .■\li , : ,- : II. I, I , V 
 
 :Mi i. 'ii. ^' I li'ster. Deal, Ilmin i: i, ; . i ,> i .\{ 
 
 N". i Ill" i i- I ill, t-iiles, Linn, Mei . ii.h. ,■ n. . i -. \i n,, mi 
 
 Seiiiph-, 11. K. (_:iaike, IIouston,;.JJen-.ii-, ionu-, llailuson, 
 Warren, Tuustall, Hubbard, and White, Ruling Maers — 
 84. 
 
 N.WS— Messrs. William Clark, Kcllo-u', ■HuIIion-i, Coch- 
 ran, l)r,d;e, iialdwiii, Ciaur, iiuiiii.,,.1,1; 'i I . Imm. iCi:i .., 
 lulwards, Kaniuha.-, Wall.T, Mnr, li>, '. I • i . .' ■ • : . -, 
 llaslin-s, DonaldM-n. iVMll.r, ( i , ■> '' i i • -i, 
 
 Annan, William Kat.m. .Maxwi'll, .1. >.<. Mmin. u n., ,-,ii ]..- 
 ett, Semple, I'ratt, Dubuar, Willi. im (':;niplie;i. Ij.ulc.u, 
 Eastman, Thonuis, Monfort, Elliott, Ixing, Lee, T. .M. Hop- 
 kins, Pelan, Irvin, I'orbes, Ji'isk, John A. Campbell, Laird, 
 461 
 
462 
 
 APPENDIX. 
 
 Kcwell. Stonp, l>rice, Crozier, Vaill, Hanson, Coon, Lord, 
 Swiiii. Math''.-.-, Robertson, Thayer, Jones, Dodtl, Conke.v, 
 SHJiiij^.iu, Stryker, Reaser, Svmiugton, Leigliton, Rntlier- 
 ford. .M.Inuis,* U. M. Smith, Oillespie, McNair, and Ander- 
 son, Miii/.ters. Messrs. E. B. Miller, ■\Villun, Lowrie, Beard, 
 lUitcliinson, Fitliian, Gulick, William Wilson, Humphrey, 
 Ciinniiiyliam, Litle, Dnnj:an, Martin, Kinkaid, I.awsun, 
 Ewinc;, Juhn Julmstim, Bailev, McC'onuell, Kcjdgers, Ham- 
 ilton,^ Banks, :\Iuore, Alcxaiider, Lewis, Davy, Thomas 
 Johnston, Samuel I'riee, Graham, L. II. Stewart. Ilazeltino, 
 Conn, Thomas, Krost, Noal, MeChurd, Kinnear, Fisher, J. L. 
 Meredith, J. L. WilMams Seller, Neely, Waddel, Reynolds, 
 Gregg, Kiiwland, Spring, Scatcs, Stirrat, Baldwin, Mason, 
 Russell, Windsor, Wayhind, Claypool, and Caldwell, Rulmg 
 £;^n-s—V2S. 
 
 .Alessrs. Peden, Balch, and T. C. Stuart, non liquet. 
 
 Mr. lloyte was excused from voting. 
 
 THE MlNOIilTY DEPORT. 
 
 Gratefully acknowledging the distingui.--hpd hounty and 
 care nf Almighty God towards this favored kind, and also 
 recognising our obligations to submit to every ordinance 
 of man for the Lonl'.s sake, this General Assembly adopt 
 tlie following resolutions: 
 
 liefch-i-A, 1. That in view of the present agitated and un- 
 happy condition of this country, the first day of July next 
 be hereby set apart as a day of prayer throughout our 
 bounds; and that on this day ministers and people are 
 called on humbly to confess and bewail our n.'itional sins; 
 to offer our th.anks to the Father of light for hU alMiiia:ait 
 and undei'sei'ved goodness towards us as a nntion; lo sii k 
 his guidance and blessing upon our rulers and tlieir coun- 
 sels, as well as on the Congress of the United States about 
 to assemble; and to implore Him, in the name of Jesus 
 Christ, the great High Priest of the Christian profession, to 
 turn away His anger from us, and speedily restore to us the 
 blessings of an honorable peace. 
 
 Resolved, 2. That this General Assembly, in the spirit of 
 that Christian patriotism which the Scriptures enjoin, and 
 which has always characterized this Church, do hereby ac- 
 knowledge and declare our obligations to promote and 
 perpetuate, so far as in us lies, the integrity of these United 
 States, and to strengthen, uphold, and encourage the Fed- 
 eral Government in the exercise of all its functions under 
 our noble Constitution ; and to this Constitution, in all its 
 provisions, retjuirements, and principles, we profess our 
 unabated loyalty. 
 
 And, to avoid all misconception, the Assembly declare 
 that by the term " Federal Government," as here used, is 
 not meant any particular administration, or the peculiar 
 opinions of any particular party, but that central adminis- 
 tration which, being at any time appointed and inaugurated 
 according to the forms prescribed in the Constitution of the 
 United States, is the visible representative of our national 
 existence. 
 
 Which was adopted — jeas 156, nays 66, as 
 follows : 
 
 Yeas — Messrs. Wm. Clark, Kellogg, Bullions, Cochran, 
 L. M. Miller, Westcott, Drake, Martin, Baldwin, Crane, 
 Hubbard, Reeves, Studdiford, Barr, Snowden, Kehoo, 
 Mackey, Schenck, Musgrave, Edwards, Latta, Farquhar, 
 Jas. Williamson, Lawrence, Waller, Murray, Joseph Clark, 
 McPherson, Jacobus, Hastings, Donaldson, Coulter, Critcli- 
 low, S. J. M. Eaton, Annan, Wm. Eaton, Maxwell, J. D. 
 Smith, Kelly, Sackett, Semple, Pratt, Dubuar, Wm. Camp- 
 bell, IJadeau, Eastman, Thomas, Monfort, Elliott, Long, 
 Lee, T. M. Hopkins, Pelan, Irwin, Goodman, Forbes, Fisk, 
 John A. Campbell, Laird, Newell, Bergen, Stone, Price, 
 Crozier, Vaill, Hanson, Coon, Lord, Swan, Matliers, Hick- 
 man, Robertson, Thayer, Lyon, Barnett, Jon<>s, Doild, lon- 
 key, McGuigau, Taylor, Stryker, Hamilton, ilaiues, Keaser, 
 Wines, Slagle, and Anderson, Miiiidns. .Alessis. Newland, 
 Guest, Miller, Wilkin, Lowiie, Rankin, Beanl, Osb,.rne, 
 Litle, IIulrliins..ii, Fitliian, Kverson, Unli. k, Ihiniplii-eys, 
 Cunnin-liani, Barber of Burlington, Patterson, Duii-an, 
 Macalcster, llem-v, .Martin, Kinkaid, Ib^a, Barber of Nor- 
 thumberland, Lawson, Linn, Ewin- .lohn Joimson, Bailev, 
 McConnell, Rodgers, Hamilton, Banks, Moore. Alexan.leV. 
 Lewis, Davy, Thomas .Tohnstoii. Price, Sheets, Graham, 
 Stewart, II. li. Clarke, H.i/cltiiie, t'oini, Thomas Frost 
 Neal, .McChonl, Kijinear. Fisher, llon.tou. .). L. Meredith 
 J. L. Williams, fc'clkr, Neely, W.-eUUI. lb vnolds, Gre-g, 
 Rowl.Mid, Spring. Srates, Slinaf, lialdwin. .Mason. lius-selT 
 Young. Windsor, and Caldw.-ll, llnUii,j K/,lr,:<—]:>li. 
 
 N',vvs-Messrs. Kenn<dy, J. T. Ilaekns, Ailken, Lane, 
 Hall. Liialslev, Inibrie. Cbilds. Wells, llornblower, Hod"e, 
 H.amill. Walts, llapperselt, ."Mel'liaii. Gavb'V, Yeom.-.ns 
 Di. kson, Mnrphv. .Mot/.er, MeMi.liael, Sloe'klon, Ahleh 
 Malialbv. l.lo\.l.'linnt. Layman. Srot t, Mntcbraore, L.'i-li- 
 ton, Matle-s. H. 11. Hopkins, MalllH-us.Fra/c r.Clieek.C.n- 
 dit, Uawlhoruc, Brown, Harrison, Ui;deu, Peueii, lialch. 
 
 Rutlierford, Mclnnis,* H M. Smith, Gillespie, Stuart, Mc- 
 Nair, and Baker, Ministers. Mei^srs. Church, Lockwood, 
 Ballantyne, Wilson, Barber of Burlington, McKean, Deal, 
 Giles, Geo. Meredith, Wm. Semple, Mercer, Wayland, Har- 
 bison, Warren, Tuustall, Hubbard, Claypool, and White, 
 litdiiig Elders— 6Q. 
 
 Sundry protests were made, 
 
 GENERAL ASSEMBLY OF 1862, (OLD SCHOOL.) 
 
 May 15 — The body met in Coliinibus, Ohio. 
 May 19 — Dr. R. J. Breckinridge having pre- 
 viously submitted a paper on the state of the 
 country, it, after being slightly amended on his 
 own motion, was adopted, as follows : 
 The General Assembly of the Presbyterian Church in the 
 
 United States of America, now in session at Columbus, in 
 
 the State of Ohio : 
 
 Considering the unh.appy condition of the country in the 
 midst of a bloody civil war, and of the Church agitated 
 everywhere, divided in sentiment in many places, and openly 
 assailed by schism in a large section of it ; considering, 
 also, the duty which this chief tribunal, met in the name and 
 by the authority of the gloriiicd Saviour of sinners, who is 
 also the Sovereign Ruler of all things, owes to Him, our 
 Head and Lord, and to His flock committed to our charge, 
 and to the people whom we are commissioned to evangelize, 
 and to the civil authorities who exist by His apjiointment; 
 do herebj', in this deliverance, give utterance to our solemn 
 convictions and our deliber.ato judgment, touching the mat- 
 ters herein set forth, that they may serve for the guidance 
 of all over whom the Lord Christ has given us any office of 
 instruction, or any power of government. 
 
 I. Peace is amongst the very highest temporal blessings 
 of the Church, as well as of all mankind ; and public order 
 is one of the first necessities of the spiritual as well as the 
 civil commonwealth. Peace has been wickedly superseded 
 by war, in its worst form, throughout the whole land; and 
 public order has been wickedly superseded by rebellion, 
 anarchy, and violence, in the whole Southern portion of the 
 Union. All this has been brought to pass in a disloyal and 
 traitorous attempt to overthrow the National Government 
 by military force, and to divide the nation, contr.ary to the 
 wishes of the immense majority of the peo])le of the na- 
 tion, and without satisfactory evidence that the majority of 
 the people in whom the local sovereignty resided, even in 
 the States which revolted, ever authorized any such pro- 
 ceeding, or ever approved the fraud and violence by which 
 this horrible treason has achieved whatever success it has 
 had. This whole treason, rebellion, anarchy, fraud, and 
 violence, is utterly contrary to the dictates of natural reli- 
 gion and morality, and is plainly condennind by the revealed 
 will of God. It is the clear and solemn duty of the Na- 
 tional Government to preserve, at whatever "cost, the na- 
 tional Union and Constitution, to maintain the laws in their 
 supremacy, to cnish Uirrr l.y force, and to restore the reign 
 of public order and pcai e to the entire nation, by whatever 
 lawful means that are nenssary thereunto. And it is the 
 bounden duty of tlie people who compose this great nation, 
 each one in his several place and degree, to uphold the Fed- 
 eral Government, and every State Ooverinnent, and all per- 
 sons in authority, whether civil or military, in all their 
 lawful and proper acts, unto the end herein before setforth. 
 
 II. The Church of Christ has no authority from him to 
 make rebellion, or to comisel treason, or to favor anarchy 
 in any case whati^ver. On the contrary, every follower of 
 Christ has the personal lil.-i ty bestowed on liiln by Christ, 
 to submit, for the sake of Christ, according to his own con- 
 scientious sense of duty, to wliatever government, however 
 bad, under which liis'lot may be cast. But while patient 
 
 —most g, 
 ihvaysaie 
 e power t( 
 f force, w 
 ■uredtoth 
 
 lerally, per- 
 necessarily 
 change the 
 
 •people, who 
 
 son, rebel 
 
 ion, andan- 
 
 ire so III 
 
 lic case now 
 
 w'i'n t'li'os,'' 
 
 ■'Vat'rily'ob- 
 ■cgioiis. To 
 
 *Tlieii editor of the X.^w Orleans True iniiifss. which con- 
 tained, April -JV, tSlil, this paragraph, quoted in Rev. Dr. 
 Stanton's Cliiu-cli an-l lobdlion : 
 
 " Maryland is kindling \villi Soiitliern fire, wiiile Balti- 
 more has .stood at ilie Una ol' Uqilixmcd hlnnil, in solemn 
 coviiniU for the ConrcdciateStales; and Piovide!ice ordiTed 
 that Ibis thrilling deed, //,i.< S/na';)7 ordinance, should be on 
 the anniycisarv of tlii^ battle of Lexin-b.n, Mass.. the 
 nicniorable lHlliof .\piil. Thus the same day beheld the 
 lirst blood of '70 and of '01— Ibrtuuato omeu of the result." 
 
APPEXDIX. 
 
 the Christian people scattered throughout those unfortunate 
 regions, and who have beon left of (iod to have any hand in 
 bringing on these terrible calamities, wo earnestly address 
 words of exhortation and rebulie, as unto bretliren wlio 
 have sinned exceedingly, and whom God calls to repent- 
 ance by fearful judgments. To those in like circumstances 
 who are not chargeable with the sins whifh h;ivu bruii;j:ht 
 Buch calamities upon the laud, but who Iin ( ' n. in !ii. 
 exercise of their Cliristian liberty, to ^I ; ; i , : i : , 
 sulTer, we address words of affectioun I' :,i; .. , ; 
 God to bring them off conquerors. T. i.i , i,:- 
 
 stances, v.ho have taken their livo.'< i i i ; - :!ii,l 
 
 risked all fur their country and for GUI I- ! v 't^ay, 
 
 we love such with all our heart, an i ^ i , i, wit- 
 
 nesses were found in the time of thick .1 ; k,; - \Vr f.ur, 
 and we record it with great grief, that the r iiuic'a ol God, 
 and the Christian people, to a great extent, and tlironghout 
 all the revolted States, have done many things that ought 
 not to have been done, and have left undone much that 
 ' ought to have been done, in this time of trial, rebuke, and 
 bUisphcmy; but concerning the wide schism which is 
 reported to have occurred in many Southern Synods, this 
 Assembly will take no action at this time. It declares, 
 however, its fixed purpose, under all possible circumstances, 
 to labor for the extension and the permanent maintenance 
 of the Church under its care, iu every part of the United 
 St.ites. Schism, so far as it m.iiy exist, we hope to see 
 healed. If that cannot be, it will be disre.uiarded. 
 
 III. We record our gratitude to God fjr the prevailing 
 nuity of sentiment and general internal peace, which have 
 characterized the Church in the Stales that have not 
 revolted, embracing a great majority of the niinislers, con- 
 gregations, and people under our care It may still Ijo 
 called, with emphasis, a loyal, orthodox, and pious Church; 
 and all its acts and works indicate its right to a title so 
 noble. Let it strive for divine grace to niaiiit:iin that cood 
 report. In some respects, the interests of the Chiircli of 
 God are very different from those of all civil iustitnticms. 
 Whatever may befall this, or any other nation, the Church 
 of Christ must abide ou earth, triumphant even over the 
 gates of hell. It is, therefore, of supreme importance that 
 the Church shouldguard itself from internal alienationsaud 
 divisions, founded upon questions and interests the.t are 
 external iis to her, and which ought net by their nece.-sary 
 workings to catise her fate to depend on tlie fate .;' tliine:s 
 less important and less endr,ii:i_ fl: ii Ii' : -. 'i'. P' 'n' ;- 
 of the Church ought n ;t to i , ' , ' ; , : ,:^- 
 
 turbers of the Church ia .Stall - 1 ' , i i . : i, 
 
 have been cleared of armed v.i : : o ■ : r ; 
 
 many false pretexts, may pioiuote il; • ;, Ir., 
 
 and general alienation, tending to tli i: . : inin- 
 
 isters, to local sehi-nis, and to man;. i i: ]..■< a 
 
 spirit of quietness, of mutual forbca; i : l\ 
 
 obediencetoauthuritv,IiotheiviIaial '■ ;i ,i 
 
 the loyalty, the ortlio.loxy, ami tiio ). , ' ,; !, 
 
 It is more especially to niiiii,ters of )!i<.. \ .-. 
 them, particularly tu any whose lir-t ia:i):. .-,-;. :;,^ Ii.l he :i, 
 on any account, favorable to tlie teniMc^ nnlilaiy resolu- 
 tion which has been attempted, and which God's iirovidence 
 has hithei-to so singularly rebuked, that these deci-ive 
 considerations ought to be addressed. And in then;\meand 
 by the authority of the Lord Jesus we earnestly exhort idl 
 who love God, or fear his wrath, to turn a deaf ear to all 
 counsels and suggestions that tend towards a reaction 
 favorable to disloyalty,schism, or disturbance eltlier iu the 
 Church or in the country. There is hardly anything more 
 inexcusableconnected with the frightful coiisiiii-aeva^'ainst 
 which we testily than the conduct of those ollice-lieajers 
 aiul members of the Churcli who, althongli eitizms of loyal 
 States, and subject to the control of loyal rresl.ytn ies and 
 Synods, have been faithless to all anthonty. human and 
 divine, to which they owed subjection. Xorshonld any to 
 whom this deliveraiice may coiiio fail to bear in mind that 
 it is not only their outward conduct concerning which they 
 ought to take heed; but it is also, and especially their 
 heart, their temi>er, and their motives, in the si-ht of God, 
 and towards the IVeeanil beneficent civil goverinnent which 
 he has blessed us withal, and toward thespiritual common- 
 wealth to which lliey are subject iu tlie Lord. In all these 
 respects, we must all give account to God iu the great day. 
 And it is in view of our own dread responsibility to the 
 Judge of quick and dead that we now make this deliverance. 
 
 The vote was — yeas 206, nays 20, as follows: 
 Yeas— Jlessrs. Kobertson, Crocker, Lane, S. M. Camiibell, 
 Gardiner, Jones, Keiuiugtriu, Patton, Slaclise, Lowrey, Ile- 
 roy. McCanlev, Uiviilsoii, Stevenson, l.owrie, Stoddar.l, 
 Stead, .Mel)on-all, Sl.eddau, hockwood, Iivin-, .Macdonald, 
 Hale, Williamson..!. V. .Mil, hell, Ki.iuliton. V.an Wvck, 
 Dewin-, II. II. Welles. Che-ter. W. S]. Wells, Jnn'Uin, 
 lireed, .Mns-iave, Cbi iMian. llaKey. lielville, J i.i. KaNlon, 
 Ib.l.ei Is, Sniilli, Zahnizer, Sliailler, Uoolitlle, Ciier, lirown, 
 Niceolls, Tnsliii, KosLorough. Paxton, .Marshall, IMuar, 
 Cumnuns, .Morgan, Coulter, K. Uicksoii, Dickey, .McAboy, 
 
 J. W. Scott, Sloan, Moffat, Dalzell, Iloge, Wolcott, M. R. 
 .MilhT, W. M. Robinson, Jauies Anderson, Beer, Kay, John , 
 .McLean, Akey, Kost. ^\illiams. Kemp, r, Kevnolds.Cortel- 
 
 T>.n. M. M:1I n.T. ir-M. M,r;!:iw~, >; .. Ion. "t^vrnme-S, A. 0. 
 ■'■' '.. \" • . I-: :! i;i:. 11, : :, l 'aimer, llolliday, 
 
 '\' ■ : ' 1. I , ■ , I, .. I ■ ^ 'w . . ! 'iiiv, R. Conover, 
 
 ■ V. '^. ;;. _^ ,^r ... ; - :. L^'I ;: .. ..staple,, Smiley. 
 
 n.l::-. .\. S.'ott. |-o;ir.in;an. .l/.\/.s' ,■•. M -. . -. K nn;. at, 
 fierce, Kelso, Cook, Curtis, McXair, Kstabrool;, \an Keu- 
 ren, Joseph Banks, Huntting, Lord, Belknap, Belcher, Mo- 
 Farlane, Pierson, Woodruff, Deniarest, Prudc^n. Ilinchman, 
 Easton, Hulehizer, Young, Van Gelder, Collier, Sargent, 
 Combs, Piper, Weir, J. B. Mitchell, Ramsay, E. J. Dickey, 
 Owin, M. C. Grier, Linn, Gallaher, P.lair, Keed, Alien, 
 Burchficld, Hosack, Guthrie, S. G. Miller. Wilson, T. B. 
 AVclls, Culbertson, A. Cameron, Crai-, Pnne::,,. L. W. Ral- 
 ston, S. Miller, D. Taylor, True, Bmliv i ; -' .s . Knowl- 
 ton, Hays, Clark, Chapin, James .Mil . .' -ou, Lea- 
 vitt, Joseph Anderson, Wade, Janvi i . Iv ,. i ; : ii p,Pugh, 
 Rainey, M. Wilson, Hills, Brooks, Pali, is.ii, iio ;ll, Ray- 
 burn, Bell, Wycoff, Crosby, Breeze. Candi>e, Cbute. \Vaters, 
 Irwin, Rodgers, Elliott, E, McLeau, Garth, Welch, Waring, 
 liuUng iv?rfers— 206. 
 
 N.tYS— B. R. Allen, Dumont, Backus, C. Dickson, Mc- 
 Pheeters, Forraan, S. Robinson, J, L. McKee, Caldwell, 
 Tuck, Minisfers. Messrs. Comfort, Caniield, Kiikpatrick,Po- 
 hiud, C. D.Campbell,Watt, Vredenburg,Gamble, Jacob John- 
 ston, Tunstall, Ruling Elders— 20. 
 
 Several protests were made. 
 
 GENERAL ASSEMBLY OF 1803, (OLD SCHOOL.) 
 
 May 21 — The body met at Peoria, Illinois. 
 
 Juue 1 — Dr. Beatty, from the Committee on 
 Bills and Overtures, reported : 
 
 Overttu-e No. 16, being a request from the Pj-esbyteiy of 
 Saline that the General Assembly solemnly re-atiirm the 
 testimony of 1S18, iu regard to slavery ; the committee 
 report : 
 
 The Assembly h.as, from the first, uttered its sentiments 
 on tlio subject of slavery in substanti.illv C: ~,i;:m l m- 
 -ii.ige. The action of 1SI8 was tak -n ''m.'i i ..,:,■, 
 
 made more- clear, full, and explict, an. I V. a- i- 
 
 ri'uslj. It has since remained that tna- .i i ■ ir ;;.ral 
 .1 liver nice on this iinport.int subject by whi. li ourelnirch 
 i- I'.ti iiained to abide. It has never been repeabnl, amend- 
 
 I ;...i- ,a..i!iried, but has frequently been releir.Ml to, and 
 
 II !'.■ I till iu siibseqiient Assemblies. And wlien some 
 I . .:- I incieil that the action of LSI,-) in some wav inter- 
 
 . ;i; it, the A.^sembly of l.S4r) declared with nnicU 
 
 i .'ly, that the action of 184.') was not intended to 
 
 .; lij, a rescind the testimony on the subject, jireviously 
 ultc red by General Assseml.lies; and by these deliverances 
 ^ye still abide. 
 
 Dr. Humphrey moved to insert the word '• all " 
 before the words, "these deliverances we still 
 abide." Lost. His motion to table the report 
 was lost; and it was then adopted without 
 amendment. 
 
 May 27 — Mr. T. H. Nevin moved for a com- 
 mittee of three to cause the national flag to be 
 raised over the church edifice where the As- 
 sembly is met. A motion to table this was 
 lost — yeas 93, nays 130, not voting, 1. Refer- 
 red to a select committee: Drs. J. M. Lowrie, 
 E. P. Humphrey, Loyal Young, and J. I. 
 Brownson ; and Messrs. H. H. Leavitt, II. K. 
 Clarke, and 11. Carter. 
 
 May 30 — The committee reported. 
 
 June 1 — Dr. Humphrey oifered a substitute, 
 which was read. 
 
 The report of the committee was adopted — 
 yeas ISO, nays 19, not voting 1, as follows: 
 
 YE\s—Minislrrs—K. A. DeLmcev, II. F. Ilickok, J. 
 Wood, M. S. Goodall, J. Cleland, W. D. McKinlev, A. T. 
 Kaid<in, I. Faries, A. R. Mac.nbiev. J. I.illie, T. .M. Gr.ay, 
 J. Coiy, K. E. Rankin, V). C. Wines, W. Pin. in. r, E. P. lien- 
 
 <(lict, Ii. F, (ioodhwe, J. J. A. Morgan, li.t;. Pi ley, S. S. 
 
 She.ldan, A.D.White, R..S. .Man.lin.', i:. P. Sbiel.N, G. S. 
 .Mott, W. II. Kirk, W. j{. (;ien,-D. Cool;, .1. O-mond, M. J. 
 Ilickok, A. W. Spronll, W. Itlackwoi.d, A. Nevin, W. R. 
 Work, J. Beggs, J. U. Life, J. Thomas, R. C. Galbrailh, G. 
 
464 
 
 APPENDIX. 
 
 P. Hays, W. C. Cattoll, R. McCachren, J. T. Brown. R. J. 
 Wilson, W. B. McUv.iinc, S. Mclarren, J. S. EMov, G. 
 "W. Mechlin, Loyal Yunng. J. W. Johnston, W. M. 
 Blackburn, L. L. Conrad, J. I. Brownson, W. B. Keeling, 
 
 C. C. Beaitv, J. S. Miirqui.s, \V. H. Vincent, 0. Carpenter, 
 J. B. Blaviioy, S. Wils n, J. R. Duncan, J. Rowland, J. E. 
 Cai-son, A. J. McMillm, J. I'. Jonnison, V. Noyes, D. S. 
 Anderson, J. A. MccUs, J. \Vis?inan. E. E. Bower, T. E. 
 Hughes, L. D. Potter, A. B. (iilliland, J. M. Cross, J. Craw- 
 ford, E.S. WMson, D. B. Roed, L. G. Hay, J. W .McCluskv, 
 J. L. Lower, J. M. Lowrie, T. Vrhallou, H. N. Corbett, J. 
 Andrew, J. C. Hanna, J. Mack, 0. W. Ash, J. Worrell, R. 
 Frame, R. Beer, J, Fleming, H. B. Thayer, J. A. Pratt, 
 G. Ainslie, W. Spear, A. S. Marshall, J. L. Wilson, W. E. 
 Wostervelt, J. A. Carothors, H. M Giltner, J. M. McElroy, 
 W. Wilson. J. Leighton, A. Munson, A. Scott. 
 
 Rulivri Elders— J. C. House, J. M. Lasher, A. W. Paaie 
 J. H. Millspaugh, J. S. Purdy. W. R. Post, J. Stuart, J. Dar- 
 rach, R. Carter. W. L. Wood, J. Honevman, H. Hedges. W. 
 
 D. Sinclair. E. B. Fnller. .7. Mackcv, O. Puller, G. H. Van 
 Gelder, M. P. Rue, G. Junkin, Jr., S. H. Fulton, B. Graham, 
 S. E. Weir, R. N. Brown, J. A. Christie, W. C. Lawson, J. 
 N. Brown, A. Stirling, Jr., George Hench, R. M. Jones, J. 
 P. Tustin, J. Oiffi'U, J. Culbertson, J. Barnett, J. Cochran, 
 J. McKec, J. Bovd, C. Bvlcs, T. H. Nevin, J. Vance, T. Mo- 
 Kennan, T. S. Milligan, O. B. Johnston, S. Sharp, W. Munro, 
 J. Strinc, A. G. Brown, H. K. Clarke, H. B. Myor, W. B. 
 Franklin. C. A. Phelps, H. H. Leavitt, C. AVilliaras, W. 
 Mixer, W. McCuUoch, J. W. Sprowle. H. T. Roseman, J. 0. 
 Burt, S. Vannuys, E. Wright, J. T. Eccles, W. Redick, W. 
 Munro, T. (^r,ii'Ior, Charles Crosby, S. Howe, T. Voorhees, 
 R. S. Alex uidrr. J. C. Walker, L. Iloadly, B. P. Baldwin, J. 
 A. M.'Af.c. A. M JlcPherson, G. W. Lewis— Ayes. iro. 
 
 JioES— Ministers— J. V. Knox, L. C. B.ikcr, F. Chandler, 
 G. S. In -lis, J. A. Qu.arles, R. Valentine, H. D. V. Nevius, 
 
 E. P. Humphrey, S. M. Bayless, H. M. Scudder, G. K. Per- 
 kins. 
 
 BiiUnri Elders— \. B. Conger, S. G. Malone, J. T.ate, W. 
 Rislcy, J. G. Barrett, R. Miller, E. W. Martin, C. Hubbard— 
 Noes, 10. 
 
 Nox UQVET— Minister— 3. P. SIcMillan— 1. 
 
 Total— Ayes, 180; noes, 19; non liquet, 1. 
 So the report was adopted. It is as follows : 
 
 The Committee to whom was referred the res ihitiM-i 
 which proposed to raise tho flag of the United St;i t i i 
 the building in which the Assembly is now convui I i 
 to report in respect to (ho " State of tho Country,"' i . ^ « : - 
 fullypresent the following fcport : 
 
 Your Committee believe that tho design of the mover of 
 tho original resolution, and of the large majority, who ap- 
 parently are ready to vote for its adoption, is simply to call 
 forth from the Assembly a significant token of our sym- 
 pathy with this Government, in its e;irnest cfl'orts to sup- 
 press a rebellion, that now for over two years has wickedly 
 stood in armed resistance to lawful and beneficent author- 
 ity. But as there are many among us who are undoubtedly 
 patriotic ; who arc willing to express any righteous prin- 
 ciple to which this Assembly should give utter.ance, touch- 
 ing the subjection and attachment of an American citizen 
 to the Union and its institutions; who love tho flag of our 
 country, and rejoice in its successes by sea and by land; 
 and who yet do not esteem this particul;;r act a testimonial 
 of loyalty entirely becoming to a church court,— and as 
 many of these brethren, by the pressing of this vote, would 
 bo placed in a falso position, as if they did not lore tho 
 Union, of which that flag is tho beloved symbol, your Com- 
 mittee deem themselves authorized, by the subsequent di- 
 rection of the Assembly, to propose a different action to bo 
 adopted by this venerable court. 
 
 It is well known, on tho one hand, that the General As- 
 sembly li:.- ■■• f i II r^ii' I Mit to r'jN'ut its testimonies 
 
 upon 'inii' .i i );i i' ; ; i -'■' i',:. rest: but, having 
 given utt: i i li. i; . i . 1 words, is content to 
 
 abide calm!'. I ■> it- ■■! iv- i ^1. 1)\ ■ , mns. Nothing that 
 tliis AsseniMv can say can more; fully express the wicked- 
 ness of tho rebellion that has cost so much blood and trea- 
 sure; can declare in pl.aincr terms tho guilt before God and 
 man of those who have inaugurated, or mainiained, or 
 countenanced, for so little cause, this fratricidal strife; or 
 can more impressively urge the solemn duty of the Govern- 
 ment to the lawful exercise of its authority, and of the 
 people, each in his several place, to uphold the civil author- 
 ities, to the end that law and order may again reign 
 throughout this entire nation— than these things have 
 already been done by previous Assemblies. Nor need this 
 body declare its solemn rebukes towards those ministers 
 and" members of the church of Christ, who have aided in 
 bringing on and sustaining these immense calamities; or 
 tcmdcr our kind sympathies to those who are overtaken by 
 troubles tlicy could not avjid, and who mourn and weep in 
 secret jilaccs, not unseen by the Father's eye ; or reprove 
 all wilful disturbers of the public peace; or exhort those 
 that are subject to our care to tlje careful discharge of 
 
 every duty tending to uphold the free and heneflcont 
 Governin<!ut under which we are, and this specially for 
 conscience' sake, and as in the sight of God — mor" than, 
 in regard to all these things, the General Assembly hiis 
 niadf iti solemn deliverances, since these troublrs beiran. 
 
 But, on tho other hand, it may be well for this General 
 Assembly to reafHrm, as it now solemnly does, the great 
 principles to which utterance has already been given. We 
 ilo this the more readily, because our beloved church may 
 thus be understood to take her deliberate and well-chosen 
 stand, free from all imputations of haste or excitement ; 
 bec.iuse we recognise an entire harmony between the du- 
 ties of the citizen, (especially in a laud where the people 
 frame their own laws, and choose their own rulers,) and 
 the duties of the Christian to the great Head of the Church ; 
 because, indeed, least of all persons, should Christian citi- 
 zens even seem to stand back from their duty, when bad 
 men press forward fDr mischief; and because a true love 
 tor our country, in her times of peril, should forbid us to 
 withhold an expression of our attachment, for the insuf- 
 ficient reason that we are not accustomed to repeat our 
 utterances. 
 
 And because there are those among us who have scrnples 
 touching the propriety of any deliverance of a church- 
 court respecting civil iii.atcis, lliis Assembly would add, 
 that all strifes of party politics should indeed be banished 
 from our ecclesiastical assemblies, and from our pulpits; 
 that Christian people should earnestly guard against pro- 
 moting partizan divisions; and that the difficulty of accti- 
 rately deciding, in some cases, what are gennr.ol and what 
 partj' principles, should make us careful in our judgments; 
 but that our duty is none the less imperative to uphold the 
 constituted authorities, because minor delicate questions 
 may possibly be involved. Rather, the sphere of the church 
 is wider and moie searching, touching matters of great 
 public interest, than the sphere of the civil magistrate, in 
 iiiii impm-tant respect — that the civil authorities can take 
 cognizance only of overt acts; while the law of which tho 
 cluirch of God is tho interpreter, searches the heart, makes 
 every man subject to the civil authority, for conscience' 
 sake, and declares that man truly guilty who allows him- 
 self to be alienated, in sympathy and feeling, from any 
 La^rful duty, or who does not conscientiously prefer the 
 welfire, and especially the preservation of the Government, 
 ti !iny party or partizan ends. Officers may not .always 
 ' Miiand a citizen's confidence; measuresmaybyhim.be 
 in;l unwise: earnest, lawful efforts may be made for 
 <ii ii-'S he ra.ay think desirable; but no causes now exist 
 to vindicate the disloyalty of American citizens towards 
 tho United States Government. 
 
 The General Assembly would not withhold from the Gov- 
 ernment of the United States, that expression of cordial 
 sympathy which a loyal people should offer. Wo believe 
 that God has afforded us ample resources to suppress this 
 rebellion, and that, wth his blessing, it will ere long be ac- 
 complished. We would animate those who aie discouraged 
 by the continuance and fluctuations of these costly strifes, 
 to remember and rejoice in the supreme government of our 
 God, who often leads throughperplexity and darkness. We 
 would exhort to penitence for all our national sins, to so- 
 briety and humbleness of mind before the Great Ruler of 
 all, and to constant prayerfulness for the divine blessing; 
 and we would entreat our people to beware of all schemes 
 implying resistance to the lawfully-constituted authorities, 
 by any other means than are recognised as lawftil to be 
 openly prosecuted. -4nd as this Assembly is readj' to de- 
 chu-o our r.nalterable attachment and adherence to the 
 Union establislied by our fathers', and our uoqualitied con- 
 demnation of the rebellion; to proclaim to the world the 
 United States, one and undivided, as our country; tlie law- 
 fully chosi^n rulers of the land, our rulers : thcOovi rnment 
 of the United States, our civil governniiiit. ;> ,1 j j. oored 
 flag, our Hag ; and to affirm that we are l . I'.i ;ruest 
 
 and strictest fidelitj', to the duties ot ^ i < ; /., nb 
 
 under a government that has strown it- ; : ■ : -,- niiU a 
 profuse hand, your Committetj ^«^commend that, as the 
 trustees of this church, concurring in tho desire of many 
 members of this Assembly, have displayed from this edifice 
 tho American flag, tho symbol of national protection, tiiiity, 
 andlibert}', the particular action contemplated in the orig- 
 inal resolution be no further urged upon the attention of 
 this body. 
 
 Dr. Hickok moved now to adopt the paper of Dr. Hum- 
 phrey. 
 
 On this question the ayes and noes were called, with the 
 following result : 
 
 AiES— Ministers— R. A. De Lancey. H. F. Hickok, J. 
 Wood, M. S. Goodale, J. Clelaud, W. D. McKiuley, A. T. 
 Rank'iu, I. Faries, A. H. Macoubroy, J. Lillia, T. iil. Gray, 
 J. (cry, E. E. UanLin, E C. Wines, VV. Pliraner, E. lr>. 
 Benedict, G. F. Goodhue, J.P.Knox, G. S. Plumley, S. S. 
 .^heddan, A. D. White, R. S. ilanning, E. P. .shields, G. S. 
 Mott, W. H. Kirk, VV. K. Glen, D. Cook, J . 0.smond, M. J. 
 
APPENDIX. 
 
 405 
 
 llck'Az. T . r. Baker, V. Chandler, A. VT. Sproull, W. Blick- 
 wooa, A. Neviii, AV. R. Work. J. Ueggs J. U. M. Ku.x, J. 
 C. Thomiisi n. A De Witt, C W. ; ti>\v rt, S M Momc, D. 
 H. Barron. \. Life,.). Thomas, K. C Galb.aith, O. P. H;iy»'. 
 W C. Ciittcll, R. .McCaohren. F T Biown, li. F. Wilson, 
 W. B. McIlTHi; e. R. Lea, S. McFarren, J. S. Elder, G. W. 
 Mechlin. L. Yfuug. J. W. Johnston, W. M. Blackburn, L. 
 L. Conrad. J. I Brownson, W. B. Keeling, C. C. Cei.ttv, 
 J. S. Jl.uqiiii:. W. R. Vincent, G. Carpenttr, J. B. Blajiicv, 
 S Wilson, J. R. Duncan. J E. Carson, A. J. r.L'MiUan, J. F. 
 JennUon, V. No. es, D. S. Anderson. .1. A. Mceks, J Wise- 
 man,!:;. B. Bowor, T. E. Hughes, L. D. Potter, A. B. OiUi-- 
 )«D 1„J. M. Cross. J. Crawford, D. B. !'.<nMl, L. G. Ilav, J. 
 W. McCluskov, J. L. Lower. J. U. L'.wii-, T. Whallo.-, U. 
 LI. Corbett. J. Andrew, J. C. llanna, .J. M ;ck. G. W. A;li, J. 
 Worrell, G.S. Inglis, It. Frame, R. Beer, J. Fleming, U. B. 
 Thayer. F. A. Pratt, G. Anslie, W. fcipe r, A. s. Marshall. 
 Jl. Caldwell J. L Wilson, W. E. Westervclt, J. A. C.iroh- 
 ers, II. M. Giltuer, J. M. McElroy, J. A. Cu ;rle.-, J. Leigh- 
 t.in. A. Mnuson, J. P. McMdb.n, R. V; loutino, H. Y. U. 
 Nevius, E. P. Humphrey, S M. Bayless, U. M. bcudder, G. 
 K. i eikiiis.aiid A. Scolt. 
 
 Ruling Ehhn — J. C. House, J. M, Lasher, A, W. Pago, 
 J, H. Mdlspaugh, J. S. Purdy, W. R. I on, J. Stuart, .■. B. 
 Conger. J. Darrach, R.Carter, W. L, Wood,.). II neyman. 
 H. Hedges, W. D Sinclair, E. B. Fuller, J. Macey, G. 
 Fuller, G. H. Van Gelder, M. P. Rue, (.. Junkin, Jr., S. II. 
 Fultoti. R. Graham, S. E. Weir, R. N. Brown, J. A. Chris- 
 tie, W.C. Lawson, J. N.Brown, A. Stirling, Jr., J. Cla k, 
 George Hench, U. M. Jones, ,T. P. Tiistin, J. Giffen, J. Cul- 
 bertson. J. Earnett, J. Cochran, J. McKee, J. B.'vd, C 
 Byles, T. II. Kevin, J. Vance. T. McKeunan, T. S. Slilligan, 
 G. B. j'^lin^ton, S. Sharp, J. W. Robinson, William ilunro, 
 M. Scott, R. Kerr, J. Strine, A. G. L'rown. H. K. Clan.e, U. 
 B. Jlyer, \V. 15. Franklin, C. A. Phelps, U. H Leavitr, C. 
 Williams, W. Miser, W. McCuUoch, J. W.Sprowle. H.T. 
 Rosenian. J. C. Burt, S. Vannuys, E. Wright, J. T. Eccles, 
 W. Redick. S. G. Malono, W. Muuro.T. Candor, C. Crosby, 
 S. Howe, T. Voorhee8,R S. Alexander. J. C. Walker, L. 
 Hoadlev, C. P.Baldwin, J. Tate. W Rislev,J. A. McAfee, 
 A. M. McPherson, J. G. Barrett, R. Miller, G. W. Lewis, E. 
 W. Maitin.and C. Hubbard— Ayes, 206. 
 
 ^ot&— Minister — E. S. Wilson, 1. 
 
 NON LIQUET — Miniiter—3. Rowland, 1. 
 
 Total — Ayes, 206; noes, 1; nonliquet,\. 
 
 The paper of Ur. Humphrey was therefore adopted. It 
 is as follows : 
 
 The Ge.ii'ral Assembly of 18G1 adopted a minute on the 
 state of the church and the country. Tlio As.somhIy of 
 1862 uttered a more formal and comprehensive deliverance 
 In the meantime, a certain number, perhaps the larger 
 portion of the Presbyteries and Synods, have expressed 
 their judgments on the same subject. This General As- 
 8emb y is persuaded that the office-bearers and members 
 of this church, wiihin the Presbyteries represented liere, 
 are, in a remarkable degree, united in a strict and true 
 allegiance to the Constitution and Government of tho 
 United Stales; and that they are, as a body, loyal both to 
 the church and the civil goverumeut as ordinances of 
 God. 
 
 This General Assembly contents itself, on that part of tho 
 subject, by onjoiniug upon all the people of God, who ac- 
 kuowledgo this church as their church, to uphold, accord- 
 ing as God shall give them strength, the auihonty of the 
 Cons itution and laws of the laud, in this time of supremo 
 national pjril. But this Assembly would most distinctly 
 aud solemnly inculcate upon all its people the duty of hum- 
 bly confessing before God tho great unworthincss, and tho 
 many sius of the people of this land, and of acknowledg- 
 ing the holincs.T and justice of the Almighty in the presoiit 
 visitation. He is righteous in all HiS ways, and holy ij all 
 His works. We exhort our brethren to seek the gift of tho 
 Holy Ghost, by prayer and coufessiou and ropentanc?, so 
 that the anger of the Lord may be turned away from us, 
 aud that thp spirit of piety may become not less predomi- 
 nant and vital in the churches than the spirit of an awak- 
 eaod patriotism. 
 
 And this Assembly, connecting the experience of our 
 present trials with the rcmcmbrauco of these through 
 which the church has passed, docs now recall and adopt the 
 sentiments of our fathers in tho Church of fe'cotlaud, as 
 thesH are expressed for substance in the Solemn League 
 and Covenant of 1643 : "And because the people of this 
 land are guilty of many sins and provocations against God, 
 and his Son Jesus Christ, as is manifest by our present 
 distresses aud dangers, the fruits thereof, we profess and 
 declare before God and th^ world our unfeigned desire to 
 be iJamblod lor our own sins and the sins of the people, 
 especially that we have not, as we ought, valued the ines- 
 timable Ijouefll of the gospel, nor laboured for the purity 
 and power thi'reof ; and that we have not, as we ought, 
 endeavoured to receive Christ in our hearts, nor to walk 
 worti)y of him in our lives, which arc the cause of other 
 bins aud liansgress.ons so much abounding among us; aud 
 
 our t;"uoand tufjig'.iod purpose, desire, and cnd:?avour for 
 ourselves, and all ()lh!';s under our charge, both in public 
 and privalo, in all duties we owe to God and man, toam'.'ud 
 o;;r lives, and each one to go before another in the example 
 of a real rel'oynation, that tho Lord may turn away Hi3 
 wraih and heavy indignation, and establish the church and 
 the land in truth and peace." 
 
 GtlNEIl.^L ASSEMBLY OP 1864, (OLD SCHOOL.) 
 
 May 19 — The body met at Newark, N. J. 
 May 20 — {Ion. Stanley Matthews, of Cincin- 
 nati, ffom the Committee on Bills and Over- 
 tures — which consisted of Drs. W. L. Breckin- 
 ridge, J M Krebs, J. Greeuleaf, J. Kiikpai- 
 vick, J. V. Reynolds, A. S. MacMaster, J R. 
 Paxton, and Rev. Messrs. J. J. Porter, J. A. 
 Steele, and Ru ing Elders R. Carter, T. Charl- 
 ton IJenry, A. G. McCandless, S. Matthew , 
 and J. Y. ALison — made a report, which w.;s 
 amended in a few particulars and adopted with 
 almost entire unanimity, as follows: 
 
 The Committee on Bills and Overtures report : 
 
 Overture No. 12, from the Presbytery of Newton, reciting 
 the former deliverances of the General Assembly upon the 
 Bubject of shivery in tins country, and the duty "of emanci- 
 pation, and asking this General Assembly to tal.e such 
 actit.n as in their wisdom seems proper to meet the present 
 aspects of lium.".u bondage in our country, and recommend 
 the i.doption of the following: 
 
 In the opinion of tho General Assembly, tho solemn and 
 momentous c rcumstances of our times, the state of our 
 country, and tlie condition ot' our church, demand a plain 
 declaration of its sentiments upon the quastion of slavery, 
 in view of its presrut aspects in this i-ountry. 
 
 From tho e:.rl:est period of our church, the General As- 
 sembly delivered unequivocal testimonies upon this subject, 
 which it will bo profitable now to re-affirm. 
 
 In the year 1787, the Synod of Now York and Philadel- 
 phia, in view of movements then on foot looking to tho 
 abolition of slavery,nnd highly approving of thom. declared 
 that " inasmuch as men introduced from a servile state to 
 a participation of all the privileges of civil society, without 
 a proper education, and without previous habits of indus- 
 try, may be, in many respects, dangerous to the commu- 
 nity, therelbre they caruesily recommend to all tho m'-ra- 
 bers belonging to their communion to give these persons, 
 who are at present held in servit\ide, such good eilucatioa 
 as to prepare them for the better enjoyment of Ireedom." 
 
 * * * "And finally, they recommend it to all their 
 people to use the moot prudent measures consistent with 
 the interest and the state of civil society in tho cotnitrics 
 where they live to procure eventually the final abolition o( 
 slavery in America." 
 
 In 179 J, the General Assembly " assured all the churches 
 under their care, that they view with tho deepest coucei'U 
 any vestiges of slavery which may exist in our country," 
 
 In 1815 tho following record \vas made: 
 
 "The General Assembly have repeatedly declared their 
 cordial approbation of those princip'' ■ f v\\-'\ W. nrty whitdi 
 appear to be recognized by tho 1 ' ' teGnvcrn- 
 
 ments in these United Statee, 'I i . ! . ,i •--cd their 
 regret that tho slavery of the A IV ir m- : ui ^ i.i ir descend- 
 ants still continues in so many places, and eyeu among 
 those within the pale of the church, aud have urged tii'- 
 Presbyteries under their care to adopt such m('a.sures as 
 will sscure, at least to the rising generation of slaves, 
 within the bounds of tlie church, a religions education, that 
 they may be prepared for the exercise and enjoyment of 
 liberty when God iu Ins providence may open a door for 
 their emancipation." 
 
 The action of the General Assembly upon the subject of 
 slavery in the ye.ir 1818 is unequivocal, and so well known 
 that it need not be recited jit length. The following ex- 
 tracts, however, we regard as applicable to our present cir- 
 cumstances, and proper now to be reiterated : 
 
 " Wo consider tho voluntary enslaving of one portion of 
 the human race by another as a gross violation of tho nio.-<t 
 preciou> an' i i ! ri lit.s of human nature, as utterly in- 
 consist' 111 MM \'.i 1 V ..f God, which requires us to love 
 ourueiuK 11 ,is, and .IS totally irreconcilable with 
 tho spint o I i ] - of the gospel of Christ, which en- 
 joins that -all things whatsoever yo would that men should 
 do to you, do ye even so to them.' Slavery creates a par.i- 
 dox in the moral system. It exhibits rational, moral, and 
 accountable beings in such circumstauoes as scarcely to 
 leave them tho power of moral action. It exhibits them 
 as dependent on the will of others, wlu-ther they shall iv- 
 ceive religious instruction, whether they shall know and 
 worship the true God, whether they shall enjoy the opli- 
 
465 
 
 APPENDIX. 
 
 nancfts of the gospel, whether they eh.-ll pei-form the duties 
 mid cliorish the endearments of husb:indd and wives, 
 parents and children, neighbors and friends; whether they 
 sli;ill I'nsorve their i hustity and purity, or regard the dic- 
 tates oi' justice and humanity. Such are some of the con- 
 aequ-ncts of slavery — consequences not^'imaginaiy, but 
 whioli connect llioniselves with its very existence. 
 
 "J-'roui this vi'W<jf the consequencns resulting from the 
 practice, into which Christian people have most inconsist- 
 ently fsUcn, of eniUavin;^ a portion of their brethren of 
 mankuul, it is manii'estiy tlie duty of all (.hristians, who 
 enjoy tlie light of the present day, when the inconsistency 
 of slavery, both with the dictates of humanity and of re- 
 ligion, has been demonstrated, and is generally seen and 
 acknowledged, to use their honest, earnest, and unwearied 
 endeavors to correct the errors of former times, and, as 
 speedily as possible, to efface this blot on our holy religion, 
 and to obtain the complete abolition of slavery throughout 
 Chrislemlom, and if possible throughout the world." 
 
 They e:u-ne3tly exhorted those portions of the Church 
 where the evil of slavery had been entailed upon them, '• to 
 continue, and, if possible, to increase their exertions to 
 etl'ect a total abolition of slavery, and to suffer no greater 
 delay to take phico in this most interesting concern than a 
 regard to public welfare truly and indispensably demands;' 
 and declare "that our country ought to be governed in this 
 matter by no other consideration than an honest and impar- 
 tial regard to the happinessof the injured party, uninfluenced 
 by the c.xpenseor inconvenience which such a regard may in- 
 volve ;" warning " all who belong to our denomination of 
 Chi-istians against unduly extending this plea otlnecessity; 
 against malcing it a cover for the love and practice of 
 slavery, or a pretence for not using efforts that are lawful 
 and practicable to extinguish this evil." 
 
 Such were the early and unequivocal instructions of our 
 Church. It is not necessary too minutely to inquire how 
 faithful and obedient to theie lessons and warnings those 
 to wluini they were addressed have been. It ought to he 
 acknowledged that we have all much to confess and lament 
 as to our short-comings in this respect. W aether a strict 
 and careful application of this advice would have rescued 
 the country from the evil of its condition, and the dangers 
 which havosince threatened it, is known to theOmniscient 
 alone. Whilst we do not believe that the jjresent judg- 
 ments of our Ileavenly Father, and Almighty and Right- 
 eous Governor, have been inllictcd solely in punishment for 
 our continuance in this sin; yet it is our judgment that the 
 recent events in our history, and the present condition of 
 our Church and country furnish manifest tokens that the 
 time has at Inigtii come, in thf. providence of God, when it is 
 His will that every vestige of human slavery among us should 
 be effaced, and that every Chris' ian man should address him/- 
 self with industyi/ II,, > • ,,, '/, s^ to his approprialepartin 
 thepejfonnancc i[l' I ' /. 
 
 Whatever excu-' i ■ m i ii^mement may heretofore 
 have existed, no I.uj^-i ;'\:iil. When the country was at 
 peace within itself, and the Chuicli \v:i., imlm. ken, many 
 consciences were perplexed in the |ir<-^i nc .[ this great 
 evil, for the want of an adequate n iii.(l\ . ; 1 ;vcry was so 
 formidably i[itrenclicd behind the laiuiMi t^ ot jicisonal in- 
 terests aii'l ].' HI III,, ihat to attack it with a view to its 
 speedy o\. I i, i r.-d to be attacking the very exist- 
 
 ence of 1 1 ' .1 ; r i 1 self, and was characterized as the 
 
 inevitabl i;.liu.;;.c;. .11 of an anarchy, worse in its conse- 
 quences than the evil for which it seemed to he the only 
 cure. Uut the folly and weakness of men have been the 
 illustrations of God's wisdom and power. Under the influ- 
 ence of the most incomprehensible infatuation of wicked- 
 ness, those who were most deeply interested in the perpet- 
 uation of slavery havetaken away every motive for its farther 
 toleration. 
 
 The Kpirit of American slavery, not content with its de- 
 fences to be found in the laws of the States, the provisions 
 of the federal Constitution, the piejudices in favor of ex- 
 isting institutions, and the fear of change, has taken arms 
 against law, organized a bloody rebellion against the na- 
 tional authority, made formidable war upon the Federal 
 Union, and in order to foimd an empire upon the corner- 
 stone of slavery, threatens not only our existence as a peo- 
 ple, hut the annihilation of the principles of free Christian 
 government; and thus has rendered the continuance of 
 negro slavery incompatible with the preservation of our 
 own liberty and independence. 
 
 In the struggle of the n.ation for existence against this 
 ])owerful and wicked treaiion, the highest executive author- 
 ities have i)roclaimed the abolition of slavery within most 
 of the llebel States, and deereeil its extinction by military 
 force. They have enlisted the e i,,nnr: is lie|>i ;,■; slaves to 
 bo soldiers in the national amii.-. l :e . hi\e tak'ii meas- 
 ui-es to organize the labor t.l the l; . e.ii.i. n. and inslituled 
 
 ■.n\!\ii 
 
 seceded States upon 
 
 lit 111 their new 
 M,li<-y not to con- 
 iicnt within the 
 Ihat of emanci- 
 
 pation. In the loyal States where slavery has not liocn 
 abolished, measures of emancipation, in different stages of 
 progress, have been set on foot, and aie near their cou.aim- 
 mation; and propositions for an amendment to the Fciltral 
 Constitution, i)rohibiting slavery in all the States and Ter- 
 ritories, are now pending in the national Congress. So that, 
 in our present situation, the interests of jieace and of soci.il 
 order ai-e identified with the success of the cause of eman- 
 cipation. The difficulties which formerly seemed in«u.- 
 mountable, in the providence of God. appear now to be 
 almost removed. The most ibrmidable remaining obstacl •, 
 wo think, will be founu to be the unwillingness of liie 
 human heart to see and accept the truth against the preju- 
 dices of habit and ot interest; and to act to.varJs those 
 who have been heretofore degraded asslaves, with thechar- 
 ity of Christian principle in the necessary elforts to im- 
 prove and elevate them. 
 
 In view, therefore, of its former testimonies upon the sub- 
 ject, the General Assembly does hereby devoutly exprosH 
 its gratitude to Almighty God for having overruled 
 the wickedness and calamities of the rebellion, so as to 
 work out the deliverance of our country fiom the evil and 
 guilt of slavery ; its earnest desire ior the extirpation of 
 slavery, as the root of bitterness from which has sprung 
 rebellion, war, and bloodshed, and the long list of horrors 
 that follow in their train; its earnest trust that the 
 thorough removal of this prolific source of evil and harm 
 will be speedily followed by the blessings of our lle.ivenly 
 Father, the return of peace, union and fraternitj , and 
 abounding prosperity to the whole land ; and recommend 
 to all in our communion to labor honestly, earnestly, and 
 unweariedly in their respective spheres for this glorious 
 consummation, to which human justice, Christian love, 
 national peace and prosperity, every earthly and every re- 
 ligious interest, combine to pledge them. 
 ATTEMPTED CENSURE OF THE ASSEMBLY'S ACTION. 
 
 At the meeting of the Synod of New York 
 in Jeisey City, in October, the following preain 
 ble and resolutions were introduced by Rev. 
 Henry J. Van Dyke, of Brooklyn, on the morn- 
 ing of the first day of the sessio 1. They refer 
 to the recent action of the Old School General 
 Assembly, held in the city of Newark, New 
 Jersey, iu May last: 
 
 Whereas, The General Assembly of 18&1, in its action on 
 the subject of slavery, has fully endorsed "the President's 
 declared policy not to consent to the reoiganizalion of civil 
 government in the seceded States upon any other basis 
 than that of emancipation;"' affirming that the said policy 
 is in accordance with the will of God, and that all in our 
 communion are pledged by every earthly and every relig- 
 ious interest to labor unweariedly in their respective split res 
 for its consummation ; 
 
 And whereas, The Assembly has virtually exerted its in- 
 fluence in supportof that political party which has selected 
 the President for its candidate, and adopted his declared 
 policy as its platform in the approaching Presidential elec- 
 tion ; 
 
 And whereas, In the case of the Rev. Dr. McPheeters. 
 the Assembly did apparently sanction the interference of 
 the secular power with the spiritual affairs of our chinches, 
 the enforcement of political test oaths as a qualification for 
 members sitting in our church courts, and the proscription 
 of Christian ministers, against whom there is no ihargo of 
 heresy or crime, upon the ground that they entertain, or 
 are supposed to entertain, certam political opinions; tliure- 
 fore, 
 
 Resolved, That this Synod, while disavowing f )r itself all 
 intention of entering, directly or indirectly, into the polit- 
 ical coutesta of the day, does solemnly affirm and de- 
 clare — 
 
 1. That according to the Word of God and the Constitu- 
 tion of the Presbyterian Church, the General Asseinl ly has 
 authority " to handle or conclude nothing but that which 
 is ecclesiastical;" thatit has no right "to interinedillc with 
 civil affairs which concern the Commonwealth, unless by 
 way of humble petition in cases extraordinary, or by way 
 of advice for satisfaction of conscience, if thereunto re- 
 quited by the civil magistrate;" [Confession of Faith, ch. 
 xxxi, sec. 4,] that its "power is wholly moral or siiiritual, 
 and that only ministerial and declanitive;" that the limits 
 within which (his ministerial and declarative power may 
 ho liiwfully exercised are clearly defined in ch. xii of 
 our Form of Government; and that all acts and iledara- 
 tions of the Assembly which are contrary to, or aside from, 
 these limits are mill and void. 
 
 2. That all interference of civil magistrates or military 
 commanders with the spiritual .affairs of our chuic'iuv-; — 
 whether to destroy or restrict the right of the jieoide to 
 choos<^ their own religious teachers, to define the iiualifica- 
 
APPKXDIX. 
 
 467 
 
 tion of members of our church courts, or to proscribe to 
 miiiistiTs tlic doi-tiiiie they shall preach or tho prayers 
 they shall ufler to GoJ — is ii violation of tho true principles 
 of religious liberty, and an invasion of the prerogatives of 
 Jesus Christ, who alone is head of the church. [See Con- 
 fession of Faitli, ch. xxiii, sec. 3.] 
 
 3. That the bond of union, the measure of obligation, 
 and the charter of ecclesiastical rights for all the ministers 
 and members of the I'resbyterian Churcli, is the Word of 
 God as exi)Ounded and summed up in our Confes.sion of 
 i'aith, Form of Government, Book of DiscipUne, Catechisms, 
 and Uirectory for Worshij); and that no ministeror church 
 member can he lawfully impeached or proscribed, oxcopt 
 upon conviction of heresy or' crime according to the rules 
 therein provided. 
 
 i. Tliat tlic appropriate business of Christ's ambassadors 
 is to pleach the Gospel for the conversion of sinners and 
 the ed;ii^at;ou of saints in their most holy faith, and that 
 for our ministers to devote themselves unweariedly in their 
 respective spheres to tho consummation of the declared 
 policy of any political party, would be unwise, unscrip- 
 tural, injurious to tlie best interests of the church and of 
 society, and a dereliction from their divine commission, in 
 the discharsre of which they are taught by inspired precept 
 and example to "know nothing hut Jesus Christ and him 
 crucified." 
 
 After considemble debate the subject was 
 referred to a Special Committee. The ci-m- 
 mittee were Rev. Drs. Krebs, Imbrie. and 
 Snodgrass ; Rev. Mr. Kuox and Elders VVilkiu, 
 Beard and Ilubbell. 
 
 Two reports were made — tlie majority by 
 Rev. Dr. Krebs, the minority by Rev. Mr. 
 Knox, for himself. 
 
 THE MAJORITY REPORT. 
 
 The preamble of the paper submitted by Mr. Van Dyke 
 net only invokes this Synod improperly to arraign the late 
 General Assembly, and to hold it up to censure and re- 
 proach, but it is also an entire misrepresentation of the 
 langua!;p. ^pirit, and intent, of the declarations of that body 
 in regard to slavery, to tho attitude and aspect of Divine 
 Providence towards it. ami to tlic r.'lation and duty of the 
 Church thereto at this tiiiH' ; mid is also a misrepresenta- 
 tion of the Assembh s il.usidii in tho case of the Rev. Dr. 
 MoPhecters, an 1 of tUj grounds llioroof as set forth by the 
 Assembly itself; because, in the judgment of this Synod, 
 it was not the intention, and is not the legitimate effect of 
 the General .Ass-juibly's action onslavery to determine what 
 polity ought to be pursued by any Administration in the 
 reorganization of civil government in the seceded States, 
 nor to endorse any of the candidates for election to the 
 ofiice of I'ru-iilc'iny of the United States, nor to express 
 any ;ii i-r : i: ; ii iiir disapprobation of any of the political 
 p:in r . , , ; ,1 t.liese States, nor to give any intimation 
 to nil inch members that they should labor or 
 
 vot- 1 rill s of one party rather than another. 
 
 Ao'l iinlliir. 1 1' cause in tho case of Rev. Dr. McPheeters 
 tho .\-scinbly. in the judgment of this Synod, gave no sanc- 
 tion whatever to the interference of the secular power with 
 the spiritual afi'.iirs of our churches: neither did the As- 
 sembly sanction the proscription of Christian ministers 
 against whom tliere is no charge of heresy or scandal, upon 
 the ground that they entertain, or are supposed to enter- 
 tain, any political opinions whatever. ¥in-thermore — 
 
 Whereas the paper jis a whole is calculated to make the 
 impression that the Assembly has departed from the 
 princijiles of our standards concerning tho province of 
 tho Chinch and its courts, relative to civil affixirs, to the 
 •lUi'Stion of religious liberty, and to the prerogatives of the 
 Christian ministry, which principles are alluded to in the 
 resolutions being proposed by the paper aforesaid; there- 
 fore, 
 
 liisolved, That while we steadfastly maintain the ac- 
 knowledged principles of our standards referred to, in tho 
 rcsoluiionscf the paper, we see no necessity for expounding 
 or re-affirming tho same, and that the further consideration 
 of the whole subject be and is hereby indefinitely post- 
 poned. 
 
 MINORITY REPORT. 
 
 Whereas, the preamble of the paper submitted by Mr. 
 Van Dyke is c,-ilcnlatc(I to make tho impression that tho 
 
 A.ssi'inl.lv In- .| y.r.rf .1 fr. i:ii tli^^ jirin i;' ' .,f our standards 
 
 J'l ■''.'■ ■' " • -M I . c ■ Synod it was 
 
 not ill ' I ,hM. .1! ;iiM I- ir-i i:i ■ !>• i i.m,,Io effoct of the 
 (1 ncral Ass. iulii V ~ ;i !,. n on slavery, to determine what 
 policy ought to I.. I ii-ii ! by any Admi::istralion iii tho 
 rrorgaui/.iitioii i I >nii . v rmnent in the sccede<l St.-ites. 
 nor to cndoi.- iin.v o| ,hc candidates for election to iho 
 
 office of President of the United States, nor to express any 
 approbation or disiipprobation of any of tlio political par- 
 ties e-xistiu.g in these St ites. nor to ^ivo any intimation to 
 ministers or church meini"rs ih it ih' y sli .nui i ,i)or or voie 
 for the success of one I iiii: \ i .ii hr i li oi the other. 
 
 liexolved, 2d. That in th. . ..- ■ oi i h U v. Dr. .McPheeters, 
 the .A.sseml)ly, in the jnd-nicntof this .'^ynod, gave no sanc- 
 tion whatever to tho intirlerenco of tho secultir power with 
 thespiritual alfairs of our churches, neither did tho Assem- 
 bly sanction tho prosecution of chmxh ministers, against 
 whom there is no charge of heresy or scandal, upon the 
 ground that they entertain, or are supposed to euterttiin, 
 any political opinions wliatever. 
 
 il'Silved, Sd. That in rofcronco to tho subjects embraced 
 in the above resolution.s, this Synod believes and does hereby 
 solemnly affirm : 
 
 1st. That according to the Word of God, &c. (Hero fol- 
 low the four resolutions submitted by Rev. II. J. Van 
 Dyke.) 
 
 After debate, the m-ijority report was adopted. 
 
 Yeas— AVilliam D. Sno.igrass, R. Bull,D. N. Froeland, 
 D. McAlise, A. K. MrCouhrev. W. S. Brown, S. 11. Ki-MoUfi, 
 Sim clJ. WdKiii..lanu'S Van Keiirou, William Wardell, 
 Hiram Uiinl;, II. Hall, .1. Lillie. F. R. Masters, G. T. Wo<,d- 
 hul, William Irvin, I.C. Tyson, J. II. Scofield, II, W. 
 Couplin, II Iloyt, K. I'. Benedict, A. L. Linsley, P. B. He- 
 roy C. \V. Adams, II, W. Smuller, C. W, Baird. T. C. Perry, 
 W. II, Uodge, J 0. Eggleston, E. fours, S. Lyon. W, S. Van 
 Renseltei , \V. B. Reeve, E. Hopper, C. M, Oakley, T. M, 
 Gray. E. F, JIundv, R. V. Gardner, C. W. Cooper, S. G. 
 Law, R. Davidson, il. N. Wilson, S. Ireland, J. P, Foster, 
 J, M. Iluntting, J. E. Rockwell, B. F. .Stead, P, D. Oakey, 
 J. Hancock, N. West. II. ^niith, J. S. Henderson, W. L. 
 Wood, C. Roberts, A. Criiikshank, J. Duubar, E, Beard, G. 
 Spring, J. M Krebs, J. K. Campbell, J. Harlcness, C. K. 
 Imbrie, J Thompson, E. E. Rankin, M. Rowell, S. D. At- 
 ex inder, Thomas J, Kvan, A, P. Botsford, F. L. King, S, 
 
 F. Farmer, A. D. L. Jewett, A. S. Stewart, C. C. Darling, C, 
 
 G. IIarmeu,H. Day, W, II. Talcott, J, Aitken, E. C. Bridg- 
 man, R. W. Dickinson, D. M. Halliday, J. II. Lpgaett, C. A. 
 Stoddard, S.T. Carter, A. K. Walsh, J. P. Cummings, W. 
 Nelson, J. S. To.inele, W. 11. Pearson— 88. 
 
 Nats— D. Beattie, A. Harlow, F.T.Williams, S, L. Mershon, 
 J. 0, Hunting, J. P. Knox, II. J Van Dyke, J. C. CooU. A. 
 McClelland, G. 0. Woi dhuU, F, Steins, W A. Scott, W. E. 
 Lewis, D. C. Niven, D. Deiuarest— 15. 
 
 Excused from Voti.n-o — T. S. Childs, J. N'eandi'r, J, D, 
 Wells, W. B. Lee, J. U. Hopkins, N. L. Rice, A. McGlashau, 
 G.Nixon— 8. 
 
 The following additional proceedings took 
 place: 
 
 Against the action of this Synod in indefinitely post- 
 poning the whole suhiect of the action of the hist General As- 
 sembly in regard to tho political aspects of slavery and the 
 mutual relations of Church and State .as involved in the case 
 of the Rnv. Dr. McPheeters, the undersigned feel compelled 
 to respictfully protest, and do so protest; because, first, 
 the characterization of the preamble of Mr. Van Dyke's 
 paper, passed by the report containing the above action, is 
 unnecessarily denunciatory, unjust, and injurious ; and, sec- 
 ond, in the judgment of tho protestants, in view of the 
 sufferings of some of our churches and ministers from the 
 encroachments of civil or military authorities, or both, 
 upon the divine rights of the Cluu-ch, it is high time for 
 this Synod, without engaging in any way in the political 
 strifes of the day, now to affirm and decl.aro, I, that, <tc., 
 &c., (the resolution of Mr, V;in Dyke"s paper.) 
 
 Sigued, A. McClelland, D. C. Niven, D. Beattie, A. H-ir- 
 low, John C. Cook, John P. Knox, Henry J. Van Dyke, W. 
 B. Lee, F. T. WilUams, W. A. Scott. 
 ANSWER. 
 
 In answer to the above protest, the Synod deems it suffi- 
 cient simply to record its judgment, that in view of the 
 charges against the Oonerat .A-Ssombly made in tho p:<per 
 proposed to us by Mr. Van Dyke, and now rcconU'd in our 
 minutes and published to the woiM, it was our duty to 
 characterize thorn. IS in I'ld lli -yarc, a iki Acrii.n and luis- 
 rcpresentation of I be .\ .m'.i's len,., ,,, ,:,: ,. -.r~rs; 
 and further, the .-^ ■ . 1 . i n in I' ,■ > ,;n- 
 
 all.y re-affirmed I II ■■■ ' , ■, j] i i : ,. Ii 
 
 the Synod did not i!eeiii il i.r..|Mr,i- ir.il.nl ,:i il.-unio 
 formally to recite and oxponiul ; pecili ally and in the .al>- 
 stract those principles, in the form, and manner, and cir- 
 cumstances proposed by Mr. Van Dyke. 
 OTHER SY.VOUIOAL, AND PRESUYTERIAL ACTION. 
 
 In 18G1. 'he Synod of New York and New 
 Jer, ey, sitting at New. irk, app...inted R.ev. 
 
468 
 
 APPENDIX. 
 
 Messrs. James P. Wilson, D. D., Wm. Adams, 
 D. D., W. W. Newell, D. D., aad Hon. Wm. Pen- 
 nington, and Hon. Edw. A. Lambert, Elders, to 
 prepare a minute on the condition of the coun 
 try, which expressed tae wantonness and wick- 
 edness of tbe rebe lion of the Southern States, 
 find the duty of all Christians and all pittriots 
 in the crisis. The report was unanimously 
 adopted and tran-mitted to the Secretary of 
 Stale, who thus responded : 
 
 Department op State, 
 Washinotox, November 27, 1801. 
 To the Synod of New York and New Jersei/: 
 
 REvnRKND Gentlemen: Tho minu'.e containing your 
 resolutions on the condition of tllo country, wliiuli you 
 directed to be sent to me, has been submitted to tho Presi- 
 dent of tho United States. 
 
 I am instructed to express to you bis great satisfaction 
 with those proceedings, wiiich are distinguished equally by 
 their patriotic sentiments and a purely Christian spirit. It 
 is a just tribute to our system of government that i: has 
 enabled the American people to enjoy unmolested more 
 of tho blessings of Divine Providence whicli affect the 
 material conditions of human society than any other people 
 ever enjoyed, together with a more absolute degree of re- 
 ligious liberty than, before the institution of that Govern- 
 ment, had ever been hoped for among men. The overthrow 
 of the Government might therefore justly be regarded as a 
 calamity, uot only to this nation, but a misfortune to man- 
 kind, 'i'lie President is assured of the public virtue and of 
 the public valor, but these are unavailing without the favor 
 of God. The President thanks you for your invocations of 
 that indispensable support, and he earnestly solicits the 
 same invocations from all classes and conditions of men. 
 Believing that those prayers will not be denied by tho God 
 of our Fathers, he trusts and expects that the result of the 
 most unhappy attempt at revolution will confirm and 
 strengthen the union of the Republic, and ultimately renew 
 the fraternal affections among its members so essential to a 
 restoration of the public welfare and happiness. 
 
 I am, very sincerely, your very huiuble servant, 
 
 WILLIAM U. SEWARD. . 
 
 8TN0D OF MISSOURI, AND PRESBYTERY OF ST. 
 LOUIS. 
 
 This Synod, at its meeting in November, 
 1861, 
 
 Resoh-ed, That the action of the General Assembly in 
 May last, in relation to tho political condition of the coun- 
 try, was unscriptural, unconstitutional, unwise, and unjust; 
 and we therefore solemnly protest against it, and declare 
 it of no binding force whatever on this Synod or upon the 
 members of the Presbyterian Church withiu our bounds. 
 
 But at its meeting in the city of St. Louis, 
 October 13, 1864, this same Synod declared the 
 above resolution to be rescinded, and that the 
 Temporary Clerk be authorized and requested, in 
 the presence of Synod, to write across the face 
 of said resolution, where the same is recorded 
 in the minutes, the words : " Rescinded by or- 
 der of Synod, October 13, 1864," and sign his 
 name thereto as clerk. Whereupon the Tem- 
 porary Clerk did as authorized and requested, in 
 the presence of Synod, and signed his name 
 thereto. 
 
 The St. Louis Presbytery, at a recent session, 
 adopted this resolution : 
 
 Resolved, That the Presbytery of St. Louis, acting from a 
 sense of duty to tlio churches over which we rule, hereby 
 earnestly entreat and warn all members of churches to ab- 
 stain from all participation in the present rebellion, and 
 from giving countenance or encouragement tliercto by 
 *rord or deed, as such participation by word or deed in- 
 volves a Bin against God, and exposes those engaged in it to 
 the penalties of ecclesiastical discipline. 
 
 THE SYNOD OF KENTUCKY OF 1864, ON THE DE- 
 LIVERANCE OF THE GENERAL ASSEMBLY. 
 
 The General Assembly, at different times, but especially 
 in the years 1818 and 1845, sot forth tho opinions and views 
 of tho Presbyterian Church of the United States on tho 
 subject of slavery. By these deliverances this Synod was 
 willing and is still willing to abide, and any further or dif- 
 
 ferent utterance on that subject, by the 1 ' General As- 
 sembly, was, in th s judgment of this Syi'vl. vmnecessnry, 
 unwise, and untimely ; — unnecessary, because the former 
 deliverances were sufficiently expressive of the views of the 
 Oluach, and had been acquiesced in, with gre.t unanimity, 
 for many years; tc7iwise, because the whole country was 
 excited upon the subject of slavery, and the means adopted 
 by the President of the United States for its destruction, 
 in regard to which there was great division of sentiment in 
 the public mind; — and the Asseraoly could not take any Na- 
 tion on the subject without at least seeming to cast its in- 
 fluence with the one or the other political parties which 
 divided the country. Moreover, the minute of the Assem- 
 bly was peculiarly liable to this interpretation, bocaus!! 
 in the latter part of it, some of its expressions may be mis- 
 understood, and others may be taken in the sense of a po- 
 litical, if not partizan statement. 
 
 Tbe action of the Assembly was untimely, because times 
 of high political excitement are not proper occasions for 
 ecclesiastical courts to express opinions upon the topica 
 which constitute the party issues of tho day. The mission 
 of tho Church of Christ is spiritual, and any interference 
 with matters purely political is a departure from her duty, 
 and without the pale of her authority, as conferred upon 
 her by her Divine Head. 
 
 Whilst expressing these views, the Synod deems it timely 
 again to declare, that it adheres with unbroken purpose to 
 the Presbyterian Church of the United States of America, 
 and hereby enjoins on all its members, and upon all under 
 its control and care, to avoid all divisive and schismatical 
 courses, to cultivate the peace of the Church, and to prac- 
 tice great mutual forbearance. 
 
 GENERAL ASSEMBLY OP 1861, (nEW SCHOOL.) 
 
 May 16 — The body met at Syracuse, New 
 York. 
 
 May 20 — The report of the Committee on the 
 ^tate of the Country— Henry Kendall, D. D., 
 Asa D. Smith, D. D., John Jenkins, D. D., Sam- 
 uel M. Blatchford, and J. Mellen Smith — was 
 adopted, as follows : 
 
 Whereas a portion of the people of the United States o* 
 America have risen up against the rightful authority of the 
 Government ; have instituted what they call tho " Confed- 
 eralo States of America, " in the name and de euce of which 
 they have made war against the United Slates ; have seized 
 the property of the Federal Government; have assailed 
 and overpowered its troops in the discbarge of their duty ; 
 and arc now in armed rebellion against it ; tbe General As- 
 sembly of tho Presbyterian Church of the United States of 
 America cannot forbear to express their amazement at tho 
 wickedness of such proceedings, and at the bild advocacy 
 and defonce thereof, not only in those States in which ordi- 
 nances of " secession" have been passed, but in several 
 others ; and whereas the General Assembly— in the language 
 of the Synod of New York and Philadelphia, on the occasion 
 of tho revolutionary war—" being met at a time when public 
 affairs wore so threatening an aspect, and when (imless 
 God in His own sovereign providence speedily prevent it) 
 all the horrors of civil war are to be apprehended, are of 
 opinion that they cannot discharge tlieir duty to the nu- 
 merous congregations under their care without addressing 
 them at this important crisis ; and as a Arm belief and 
 habitual recollection of the power and presence of the liv- 
 ing God ought at all times to possess the minds of real 
 Christians, so in seasons of public calamity, when the Lord 
 is known by the judgments which He executeth, it would 
 bo an ignorance or indifference highly criminal not to look 
 up to Him with reverence, to implore His mercy by humble 
 and fervent prayer, and, if possible, to prevent His ven- 
 geance by unfeigned repentance ;" therefore, 
 
 1. Resolved, That inasmuch as the Presbyterian Church, 
 in her past history, has frequently lifted up her voice againt 
 oppression, has shown herself a champion of constitutional 
 liberty as against both despotism and anarchy, throughout 
 the civilized world, we should be recreant to our high trust 
 were we to withhold our earnest protest against all such 
 unlawful and treasonable acts. 
 
 2. Resolved, That this assembly and the churches which 
 it represents cherish an undiminished attachment to the 
 great principles of civil and religious freedom on which our 
 national Government is based, under the influence of which 
 our fathers prayed and fought and liled; which issued in 
 the establishment of our independence, and by the preser- 
 vation of which wo believe that the common interests of 
 evangelical religion and civil liberty will bo most effectually 
 sustained. 
 
 3. Resolved, That inasmuch as we believe, according to 
 our form, of govemmcnf. that " God, the Supreme Lord and 
 King of all the world, hath ordained civil magistrates to be 
 
APPENDIX. 
 
 469 
 
 Tinder Lim over the people for his own glory and the public 
 goud, and to this tmd liiith armed them with the power 
 of the sword fur the dea-ncc and encouragement of tliero 
 that arc a >■ d iid t..r (he iiuiii>hMicMt of evil-doers," there 
 is, in the jwdgm 1)1 of ih" Ass iiilil.vuolilood or treasure too 
 precioii-i I ■ I d.'\.it d to till' d t'nrc and pcrpotuity of the 
 Govoriirih'ui hi all ^ts eonstitutioDal authority. 
 
 4. /I'r.TO/ivf/, That all those who are endeavoring to up- 
 hold the Constitution and maintain tlio Government of these 
 United States in the exorcise of its lawful prerogatives are 
 entitleil to tlie sympathy and supp )rt of all Christian and 
 ]aw-al iMi 'r cil ! '-iM. 
 
 f>. // 'J if bo recommended to all our pastors 
 
 and rl,;;; ,, ! , ', instant and fervent in prayer for the 
 Presid.ii; >>, ili. L uit.'d States and allln authority under him, 
 that wiodoni and strength may bo given them in the dis- 
 charge of their arduous duties; for the Congress of theUnicd 
 States; for the lieutenant-general commanding the army- 
 in ' hief, and all our soldiers, that God may shield them fiom 
 danger in the hour of peril, and by the outpouring of the 
 Hi ly Spirit upon the army and navy, renew and sanctify 
 them, so that, whether living or dying, they may be the 
 servants of the Most High. 
 
 6. Hesolvp.d, That in the countenance which many minis- 
 ters of the go -pel and other professing Christians are now 
 giving to treason and rebellion against the Government wo 
 have great occasion to mourn for the injury thus done to 
 the kingdom of the Redeemer ; and tliat though we have 
 nothing to add to onr former significant and explicit testi- 
 monies on the subject of slavery, we yet recommend our 
 people to pray more fervently than ever for tho removal of 
 this evil, and all others, both social and political, which 
 lie at the foundation of our present national difficulties. 
 
 7. Rcsnlved, That a copy of these resolutions, signed by 
 the officers of the General Assembly, be forwarded to his 
 Excellency Abraham Lincoln, President of the United 
 States. 
 
 GENERAL ASSEMBLY OF 1862, (NEW SCHOOL.) 
 
 May 15 — The body met at Cincinnati. 
 May 22 — The report of the Committee on the 
 State of the Country— Nathan S. S. Beman, D. 
 D., LL. D , Rev. AVilliam Aikman, Ptev. Horace 
 Rood, and Mr. J. Culbertson Reynolds — was 
 adopted, as follows : 
 
 Whereas thi< General Assembly is called, in the provi- 
 dence of God, to hold its deliberations at a time when a 
 wicked and tearful rebellion is threatening to destroy tho 
 fair fabric of our Government, to lay waste our beloved 
 country, and to blight and ruin, so far as tho present life is 
 concerned, all that is most dear to us as Christians ; and 
 whereas, as a branch of the Christian Church, (Presbyte- 
 rians) have ever been found loyal and the friends of good 
 order, believing, as they ao, that civil government is " or- ' 
 daiued of God," that "the magistrate is the minister of 
 God for good," that " be bearelh not the sword in vain," 
 and they arc therefore " subject" to this ordinance of God, 
 "not only for wrath," or uuder the influence of fear,. but 
 also" for conscience' sake," or under the influence of moral 
 and Christian principle ; and, whereas the particular 
 Cliurch, whoso representatives wo are, and in whose be- 
 half we are now and here called to act, have inscribed 
 upon our banner, "The Constitutional Presbyterian 
 CntTRCH " — having never favored secossion, or nullification, 
 either in Church or Statv', deetn it quite becoming and 
 proper in us to express ourselves, with great Christian sin- 
 cerity and franknes?, oq those matters which now agitate 
 our country ; therelbre. 
 
 Resolved, 1. That wo deem the Government of these 
 United States the most benign that has ever blessed our 
 imperfect world ; and, should it be destroyed after its brief 
 career of good, another such in the ordinary course of hu- 
 man events, can hardly be anticipated for a long time to 
 come; and lor these reasons wo revere and love it as one 
 of the great sources of hope, under God, for a lost world ; 
 and it is dotibly dear to our hearts because it was procured 
 and established by tho toil, and sacrifices, and blood of our 
 fathers. 
 
 Resolved, 2. That rebellion against such a Government as 
 ours, and especially by those who have ever enjoyed their 
 full share of its protectian, honor, and rich blessings of 
 every name, can have no excuse or palliation, and can bo 
 inspired by no other motives than those of ambition and 
 avarice, and can find no parallel, except iu the first two 
 great rebellions — that which assailed the throne ol heaven 
 directly, and that which peopled our world with miserable 
 apostates. 
 
 Resolved, 3. That whatever diversity of sentiment may 
 exist among us respecting international wars, or an appeal 
 to the 'Word for the settlement ol points of honor or inter- 
 est between mdependcnt nations, we are all of one mind 
 
 on the subject of rebellion, and especially against tho best 
 Government which God has yet given to tho world ; that 
 our vast aiiny now in the field is to be looUe I u|)ou as ono 
 great police lorce, organized to carry into clfjctthe Consti- 
 tution and laws whicli theiusurgeuts.iu common with other 
 citizens, have ordained by their own vountary acts, and 
 which they are bound by honor, and oatU, and conscieuco, 
 t') respect and obey; so that tho strictest advocates of peace 
 may h:nv an active part iu this deadly strug^jio lor the hlo 
 01 the Government. 
 
 RiuoUed, 4. That while wo have been utterly shocked at the 
 deep depravity ol' tho men who have plaiiueJ and matured 
 this rebe.liou, and who are now clad in arms, manifested 
 in words and deeds, there is another class found in the 
 loyal tUites who have excited a still dee|>er loathing — some 
 in Congress, somo high iu civil life, and some in the ordi- 
 nary walks of business — who never utter a maily thought 
 or opinion in favor of the Government but they follow it, 
 by wayof comment, with two or three smooth apologies for 
 Southern iusurrcctionists; presenting the diajreuco belwcoa 
 an open and avowed enemy in the field, and a secret and in- 
 sidious foe iu tho bosom of our own family. 
 
 Resoleed, 5. That, iu our opinion, this whole insurrection- 
 ary movement can be traced to ono primordial root, and to 
 one only — African Slavery, and the love of it, aud a deter- 
 mination to make it perpetual; and, while we look upon this 
 war as having oue grand eud in view — tho restoration of 
 t!io Union — by crushing out the last living and mauirested 
 flbic of rebellion, we hold that everything— the institution 
 ol slavery, if need be— must bo made to bend to this ouo 
 great purp so: and, while under tho iuflueLco of humanity 
 and Christian benevolence, we may commiserate tho con- 
 dtion of tho ruined rebels once in fraternity with ourselves, 
 but now— should the case occur— despoiled of all that makes 
 the world dear to them, we must be at the same time con- 
 strained to feel that tho retribution has been self-inflicted, 
 and must add, " FiatjuscTaa mat calum." 
 
 Revived, 6. That wo have great confidence in Abraham 
 Lincoln, President of the United States, and iu his Cabinet, 
 and in tho commanders of our armies aud our navy, and 
 the valiant men of this Republic prosecuting a holy war- 
 I'aro under their banners; and, while we bless God that He 
 has stood by them, and cheered them on iu what we trust 
 will ever stand as the darkest days of our country's humil- 
 iation, and crowned them with many signal victories, and 
 knowing that ultimate success is with God alone, wo will 
 ever pray that tbe last sad note of anarchy and misrule 
 may soon die away, and tho Old Flaq of our Cou.ntby, radi- 
 ant with stripes and brilliant with stars, may again wave 
 over a great, and undivided, and happy p>op'e. 
 
 Resolved, 7. Tliat we here, iu deep humiliation for our 
 sins and tho sins of the nation, aud in heartfelt devotion, 
 lay ourse vcs,with all that we are and have, on tho altar 
 of God and our country ; and wc hesitate not to pledge the 
 churches and Christian people under our care, as ready to 
 join with us iu tho same fervent sympathies aud united 
 prayers, that our rulers in the Cabinet and our command- 
 ers iu the field and on tho waters, and tho brave men under 
 their leadership, may take courage under tho assurance 
 that "The Presbyterian Church in the U.vited States op 
 America" are with them in heart and ]^nd,iu life and 
 effort, in this fearful exciting conflict. 
 
 Resolved, finally. That a copy of these resolutions, signed 
 by the ofllcers of the General Assembly, bo forwarded to 
 his Excellency, Abraham Lincoln, President of the United 
 States, accompanied by tho following respectful letter: 
 
 To THE President op the U.vited States : 
 
 Tho General Assembly of the Presbyterian Church, hold- 
 ing its annual session in tho city of Cincinnati, Ohio, in 
 transmitting tho accompanying resolutions, beg leave mo.st 
 respectfully to express to your Excellency, iu a more per- 
 sonal manner, the sentiments of our church in reference to 
 yourself aud the great issues with which you are called to 
 deal. 
 
 It is with no desire to bring a tribute of flattery, when 
 we assure you, honored sir, of tho affection and the confi- 
 dence of our church. Since the day of your inauguration, 
 the thousands of our membership have followed you with 
 unceasing prayer, besieging the throne of Heaven in your 
 behalf. In our great church courts, in our lessor judicato- 
 ries, in our weekly assemblages in the house of God, at our 
 family altars, in tho inner place of prayer, you have boon 
 the burden of our hourly petitioning. 
 
 When we -look at tiie history of your administration 
 hitherto, and at the wonderful way iu which this people 
 have been led unilcr your guidance, we glorify God in you. 
 Wo give praise, not to man, but to God. In your firmness, 
 your integrity, challenging the admiration of even our ene- 
 mies, your iTiodoration , your wisdom, the timeliness of your 
 acts exhibited at critical junctures, your paternal words, 
 so eminently fitting the chosen head of a groat people, we 
 recognize the hand and the power of God ; wu devoutly and 
 
470 
 
 APPENDIX. 
 
 humbly accept it ns from Him, an answer to the Innumera- 
 ble piayors which have gone up from our hearts. 
 
 We desire, us a Church, to express to you our reverence, 
 our love, our deep sympathy with you in the greatness of 
 your trust, and in "the depth of your personal bereave- 
 ments ; and to pledge you, as iu the past, so in all the fu- 
 ture, our perpetual roracmbranco of you before God, and 
 all the support that loyal hearts can offer. 
 
 We have given our sons to Ihc army and navy ; some of 
 our ministers and many of our church-members have dicil 
 in hospital ami field; wo arc glad that we gave them, and 
 wc exult iu that they were true, even to death. We glaUy 
 pledge as many more as the cause of our country may de- 
 mand. 
 
 Wo believe that there is but one path before this people : 
 this gigantic and inexp:-essibly wicked rebellion must bo de- 
 stroyed; the interests of humanity, the cause of God and his 
 church, demand it at our hands. May God give to you his 
 great support, preserve you, impart to you more than 
 himian wisdom, and permit you, ere long, to rejoice in the 
 deliverauce of our beloved country in its peace and unity. 
 REPLY OF THE PRESIDENT. 
 DEPARTirejjT OP State, Washingtox, June 9, 1S62. 
 
 Revekend Gentlemen: I have hud the honor of receiving 
 your address to the President of the United States, and the 
 proceedings of your venerable body on the subject of the 
 existing insurrection, by which that address was accom- 
 panied. 
 
 These papers have been submitted to the President. I 
 am instructed to convey to you his most profound and 
 grateful acknowledgements for the fervent assurances of 
 support and sympathy which thoy contain. For many 
 years hereafter, one of the greatest subjects of felicitation 
 among good men will be the signal success of the Govern- 
 ment of the United States in preserving our feder.al Union, 
 which is the ark of civil and religious liberty on this conti- 
 nent and throughout the world. All the events of our 
 generation which preceded this attempt at revolution, and 
 all that shall happen after it, will bo deemed unimportant 
 in consideration of that one indispensable and invaluable 
 achievement. The men of our generation whoso memory 
 will bo longest and the most honored will be thay who 
 thought the most earnestly, prayed the most fervently, 
 hoped the most confidently, fought the most heroically, and 
 suffered the most patiently in the sacred cause of freedom 
 aud humanity. The record of the action of the Presby- 
 terian Church seems to the President worthy of its tra- 
 ditions and its aspirations as an important branch of the 
 Church founded by the Saviour of men. 
 
 Commending our yet distracted country to the inter- 
 position and guardian care of the Ruler and Judge of Na- 
 tions, the President will persevere steadily and hopefully in 
 the great work committed to his hands, relying upon tho 
 virtue and intelligence of the people of the United States, 
 and the candor and benevolence of all good men. 
 
 I have the honor to be, reverend gentlemen, your very 
 obedient servant. WILLIAM U. SEWARD. 
 
 To George Duffield, D. D., Moderator; and Edwin F. Hat- 
 field, Stated Clerk. 
 
 GENERAL ASSEMBLY OF 18G3, (nEW SCHOOL.) 
 
 May 21 — The body met in Philadelphia. 
 
 May 27 — The report of the Coinaiittee oa the 
 State of the Country — Rev. Albert Barnes, 
 Thomas II. Skinner, t). D., LL. D., Samuel T. 
 Spear, D. D., Hon. Oiis Allen, and Walter S. 
 GrifBih — was adopted, as follows : 
 
 WTiereas a rebellion, most unjust and causeless in its 
 origin, and unholy init.s objects, now exists in this country, 
 against the Government estiblishtd by the wisdom and 
 sacrifices of our fathers, rendering necessary the employment 
 of the armed forces of the nation to suppress it, and 
 involving the land in the horrors of civil war; and 
 
 Where;is the distinctly-avowed purpose of the leaders of 
 this rebellion is the dissolution of our national Union, the 
 dismemberment of the country, and the establishment of a 
 new Conlcderacy within the present territorial limits of 
 the United States, based on the system of human slavery as 
 its chief corner-stone; and 
 
 Whereas from the relation of the General Assembly to 
 the churches which thoy represent, and as citizens of the 
 Republic, and in accordance with the uniform action of our 
 church in times of great national peril, it is eminently proper 
 that this General Assembly should give expression to its 
 views, in a matter so vitally affecting the interests of good 
 government, liberty, and religion; and 
 
 Whereas on two previous occasions, since the war com- 
 menced, the General Assembly has declared its sentiments 
 ill regard to this rebelliuu, and its determination to sustain 
 
 the Government in this crisis of onr national existonco ; 
 
 and 
 
 Whereas unequivocal and decided as has been our testi- 
 mony on all previous occasions, and true and devoted as has 
 been the loyalty of our ministers, elders and people, this 
 General As.sembly deems it a duty to the church and the 
 country, to utter its deliberate judgment on the same gen- 
 eral subject; therefore. 
 
 Resolved, 1. That this General Assembly solemnly re- 
 affirms the principles and repeats the declarations of pre- 
 vious General Assemblies of our church, so far as applicable 
 to this subject, and to the present aspect of public affairs. 
 
 2. That in explanation of our views, and as a further and 
 solemn expression of the sentiments of the General Assem- 
 bly of the Presbyterian church in the United States of 
 America, in regard to the duty of those whom we represent, 
 and of ail the American people at the present time, we now 
 declare. 
 
 First, That civil government is ordained of God ; and that 
 submission to a lawful government, and to its acts in its 
 proper sphere, is a duty binding on the conscience, and re- 
 quired by all the principles of our religion, as a part of our 
 allegiance to God. 
 
 Szcnnil, iliat while there is, in certain respects, a ground 
 of distinction between a Government, considered as referring 
 to the Constitution of a country, and an Administration, 
 considered as referring to the existing agencies through 
 which the principles and provisions of the Constitution are 
 administered ; yet the govertiment of a country, to which 
 direct allegiance and loyalty are due at any time, is the 
 administration duly placed in power. Such an administra- 
 tion is the government of a nation; having a right to execute 
 the laws, and to demand the entire, unqualified, and prompt 
 obedience of all whoare under its authority ; aud resistance 
 to such a government is rebellion and treason. 
 
 Third, That the present administration of the United 
 States, duly elected under the Constitution, is the govern- 
 ment iu the land, to which alone, under ood, all the citizens 
 of this nation owe allegiance; who, as such, are to be hon- 
 ored and obeyed; whose efforts to defend the government 
 against rebellion are to be sustained; and that all attempts 
 to resist, or set aside, the action of the lawfully-constituted 
 authorities of the government, in any way, by speech or 
 action, to oppose, or embarrass, the measures which it may 
 adopt to assert its lawful authority, except in accordance 
 with the forms prescribed by the Constitution, are to be 
 regarded as treason against the nation, as giving aid and 
 comfort to its enemies, and as rebellion against (I«d. 
 
 FourVi, That, in the execution of the laws, it is the reli- 
 gious duty of all good citizens, promptly and che^Tlully to 
 sustain tlie Government by every means in their power ; to 
 stand by it iu'its pjril; and to .affordall neadi'ul ail in sup- 
 pressing insurrection and rebellion, and restoring obedience 
 to lawful authority in every part of the Ian 1. 
 
 3. That, much as we lament the evils, the sorrows, the 
 sufferings, the desolations, thi sad moral inlluences of war, 
 and its effect on the religion and churches of the land ; much 
 as we have suffered in our most tender relations ; yet the 
 war, in our view, is to be prosecuted with all the vgor and 
 power of the nation, until peace shall be the result of vic- 
 tory, until rebellion is completely subdued, until the legiti- 
 mate power and authority of the Government is fully re- 
 established over every part of our territorial domain, and 
 until the llag of the nation shall wave as the emblem of its 
 undispuced sovereignty; and that, to the prosecution and 
 attainment of this object, all the resources of the nation in 
 men and wealth should be solemnly pledged. 
 
 4. That the Government of these United States, as pro- 
 vided for by the Constitution, is not only Ibundjd ui)on the 
 great doctrine of human rights, as vested by God in the 
 individual man, but is also expressly declared to be the 
 supremo civil authority in the land, forever excluding the 
 modern <loctrino of secession as a civil or pulitical right; 
 that, since the existing rebellion finds no justificition in 
 the facts of the case, or the Constitution of the United 
 States, in any law human or divine, the Assem'ily can regard 
 it only as treason against the nation, and a most offensive 
 sin in the sight of God, justly exposing its authors to the 
 retributive vengeance of earth and Heaven; that this 
 rebellion, in its origin, history, and measures, has been dis- 
 tin;-;uislied by those qualities which most sa Uy evince the 
 depravity of our nature, especially in seeking to establish a 
 new nationality on this continent, b;ised ou the perpetual 
 enslavement and oppression of a weak and long-injured 
 race; that the National forces are, in the view of the 
 Assembly, called mt, not to urge war against another 
 Government, but to suppress insurrection, preserve the 
 supremacy of law aud order, and save the country from 
 anarchy and ruin. 
 
 5. Tiiat, in such a contest, with such principles and 
 interests at stake, not only affecting the peace, prosprrity, 
 and happiness "f this our beloved country for all future 
 time, but involving the cause of human lilierty thmu^hout 
 the world, lo'jaity, unreserved aud unconditional, to the 
 
APPENDIX. 
 
 471 
 
 constitutionally-elected Government of the United States, 
 not ad rlu" trausient passion of the hour, but as the iutolli- 
 gent unil ijerniauent state of the public cuns.'icnce, rising 
 above all questions of party po'itics, rebuking and opposing 
 the foul spirit of treason, whenever and in whatever form 
 exhibited, speaking earnest -words of truth and soberness 
 olike through the pulpit, the pmss, and in all the walks of 
 duinestic and social lifo, making devout supplications to 
 God, and giving the most cordial support to those who are 
 providentially intrusted with the enactment and execution 
 of the laws, is not only a sacrod Christian obligation, but is 
 indispensable, if we would save the nation, and perpetuate 
 tlie glorious inheritance that we possess, to future genera- 
 tions. 
 
 6. That the system of human bondage, as existing in the 
 sluveli.'liliiis Stiiti's, so palpably the root and cause of this 
 whole iiisuui\cliouary movement, not only is a violation of 
 thrdearest rights of human nature, but is essentially hostile 
 to the letter and spirit of the Christian religion ; that the 
 evil character and demoralizing tendencies of this system, so 
 properly described, and justly condemned, by the Geuer.il 
 Assemblies of our Church, especially from 181S to the 
 present time, have been placed in the broad light of day by 
 the history of this existing rebellion; that, in the sacrifices 
 and desohitions, the cost of treasure and blood caused 
 thereby, the Assembly recognizes tli<^ eh\*it«iiin']r liand of 
 (iod, applied to the punishment of nnti-ii il mm-;, r peeially 
 the sin of slavery ; that, in the Pnirlainiti.ii .il Kinanci- 
 pation issued by the President iis a w.u-ui .nm •■. ;iiiil sub- 
 mitted by him to the considerate judmont of mankind, the 
 Assembly recognizes with devout gratitude that wondcr- 
 workingprovidence of God, by which military necessities 
 become the instruments of justice, in breaking the yoke of 
 oppression, and causing the oppressed to go free; and 
 further, that the Assembly beseeches Almighty God in His 
 own time to remove the last vestiges of slavery I'rom this 
 country, and give to the nation, preserved, disciplined, and 
 purified, a peace that shall be based on the principles of 
 eternal righteousness. 
 
 7. That this General Assembly commends the President 
 of the United States, and the members of his Cabinet, to 
 tlie care and guidance of the Great Ruler of Nations, pray- 
 ing that they may have that wisdom which is profitable to 
 diri-ct ; and, also, that the patriotism and moral sense of the 
 people may give to them all that support and co-operation, 
 wliicli the ('xignncies of their position and the perils of the 
 nation so virgenlly demand. 
 
 8. That, in the ardor with which so many members of our 
 Churches, and of the churches of all the religious denomi- 
 nations of our land, have gone forth to the defence of our 
 country, placing themselves upon her altars in this struggle 
 for national life, wo see an illustration, not only of the prin- 
 ciple of patricjtism, but of the principles of our holy reli- 
 gion ; that, in the readiness with which such v;tst numbers 
 have, at the call of their country, devoted themselves to 
 its service, we see a demonstration, which promises secu- 
 rity to our institutions in all times of future danger; that 
 we tender the expression of our admiration and hearty 
 thanks to all the officers and men of our Army and Navy ; 
 that those who have nobly fallen, and those who survive, 
 have secured an imperishable monument in the hearts of 
 their countrymen ; and that this Assembly regards all 
 efforts for the physical comfort, or spiritual good, of our 
 heroic defenders, as among the sweetest charities, which 
 gratitude can impose, or grateful hearts can minister. 
 
 9. Tliat this General Assembly exhorts all the churches 
 aud ministers connected with this branch of the Presby- 
 terian church, aud all our countrymen, to stand by their 
 country ; to pr.ay for it ; to discountenance all forms of 
 complicity with treason ; to susfaiin those who are placed 
 in civil or military authority over them; and to adopt every 
 means, and at any cost, which an enlightened, self-sacrificing 
 patriotism may suggest, as appropriate to the wants of the 
 hour; having on this subject one heart and one mind; 
 waiting hopefully on Providence; patient amid delays; 
 undaunted by reverses; persistent and untiring in elTort, 
 until, by the bles.sing of God, the glorious motto, "Oxe 
 Cou.\TR\, One Constitution', and One Destiny," shall be 
 enthroned, as the sublime fact of the present, and the more 
 suliliine harbinger of the future. 
 
 10. That the General Assembly tenders its affectionate 
 condolence and heartfelt sympathy, to the bereaved families 
 of all the heroic men who have lallen in this contest for 
 national life; and especially to the families of the ollicers 
 and members of our churches, who have poured out their 
 lives on tlu' altar of their country, with the assur.auco that 
 they will not be forgotten, in their bereavement, by us, or 
 by a ^-ratel'ul people. 
 
 11 That a copy of this action, duly authenticated, be 
 transmitted to the President of the United States, by the 
 hands of those members of the Assembly, who are al)0iit 
 to visit Wiishiugtou city ; and that this paper bo read in all 
 our pulpits. 
 
 REPLY OP THE PKE.SIDENT. 
 
 Upon the adjournment of the Assembly, 
 about sixty-five of the members proceeded to 
 Washington city, and presented the resolutions 
 to the President, to whom they were intro- 
 duced by John C. Smith, D. D., of that city. 
 The Ch^iirman, John A. Footc, of Cleveland. 
 Ohio, read the resolution, when the President 
 responded : 
 
 It has been my happiness to receive testimonies of a sim- 
 ilar nature, from I believe, all denominations of Christians. 
 They arc all loyal, but perhaps not in the s.ime degree, or 
 in the same numbers; but I think they all claim to be loyal. 
 This to me is most gr.atifyiug, because from the beginuins 
 I saw that the issues of our great struggle depended on I lie 
 Divine interposition and favor. If wo had that, all would 
 be well. The proportions of this rebellion wore not fir a 
 long time understood. I saw that it involved the greatest 
 difiiculties, and would call forth all the powers of the wliole 
 country. The end is not yet. 
 
 The point made in your paper is well taken as to " the 
 Government" and the '• administration" in whoso hands are 
 these interests. I fully appreciate its correctness ;:nd 
 justice. In my administration I might have committed 
 some errors. It would be, indeed, remarkable if I had not. 
 I have acted according to my best judgment in every case. 
 The views expressed by the Committee accord with my 
 own ; and on this principle " the Government" is to be sup- 
 ported though the administration may not in every case 
 wisely act. As a pilot, I have used my best exertions to 
 keep afloat our shiij of State, and shall be glad to resign 
 my trust at the .appointed time to another pilot more skill- 
 ful aud successful than I may prove. In every case, and at 
 all hazards, the Government must be perpetuated. Ilelying, 
 as I do, upon the Almight.y Power, and encouraged as I am 
 by these resolutions which you have just read, with the 
 support which I receive from Christian men, I shall not 
 hesitiite to use all the means at my control to secure the 
 termination of this rebellion, and will hope for success. 
 
 I sincerely thank you for this interview, this pleasant 
 mode of presentation, and the General Assembly for their 
 patriotic support in these resolutions. 
 
 GENERAL ASSE3IBLY OF 1864, (nEW SCHOOL.) 
 
 May 19 — The l)ody met in Dayton, Ohio. 
 
 May 23 — The report of the Oominittee on the 
 State of the Country — Howard Crosby, D. D., 
 Daniel W. Poor, D. D., Robert W. Patterson, 
 D. D., George W. Simons, and Edward D. Mans- 
 field — was adopted, as follows : 
 
 1. Resolved, That this General Assembly heartily reaf- 
 firms the principles and renews the declarations of previ- 
 ous General Assemblies, so far as applicable to the present 
 aspect of public affairs. 
 
 2. Tliat wa recoguiss clearly the good hand of our God 
 in all the victories of the national arras, whereby the limits 
 of the rebeliiou have been contracted, and its vitality im- 
 paired ; aud wo look humbly and coufldently to the same 
 Divine source for further success until the nation shall be 
 vindicated, aud peace established on the grave of treason. 
 
 3. That we also recognise the same good hand of our 
 God in the disappointments and delays of the war, by 
 which Ho has made more sure the complete destruction of 
 the vile system of hu ;an bondage, aud rendered less self- 
 conQdent and more religious the heart of the nation. 
 
 4. That in such recognition and hope we do by no means 
 lose sight of our national and individual sins, which render 
 us so utterly unworthy of the Divine favor, but confess 
 them with penitent hearts, and trust to a covenant God in 
 Christ Jesus, that this unworthiness will not hinder the 
 might of God's grace in behalf of the cause of right and 
 order . 
 
 5. That we exhort all our churches to renewed zeal and 
 faithfulness in supplication to God for the deliverance of 
 the land, aud prosperity of Christ's kingdom, through the 
 blessings of national peace and fraternity. 
 
 6. That wo cordially uphold the government with our 
 sympathies and prayers in its energetic effDrts for tho sup- 
 pression of this most causeless and cruel rebellion, urge 
 all Christians to refrain from weakening tho authority of 
 the Aiminlstralion by ill-liracd complaints aud uunoces- 
 sary criticism, fully believing that in such a crisis all 
 speech and action which tend to difference shoild bo sedu- 
 lously avoided for the sake of tho common weal. 
 
 7. That a copy of these resolutions, duly authenticated, 
 be sent to the President of the United States by a special 
 committee. 
 
472 
 
 APPENDIX. 
 
 The piistors of the churches were requested 
 to read the same to their congregations. 
 
 The special Committee provided for above, 
 were Thomas Brainerd, D. D., Howaid Crosby, 
 1). D., Robert AV. Patterson, D. D., Edwin F. 
 Hatfield, D. D., Samuel H. Perkins, and Walter 
 S. Griffith. 
 
 REFORMED PRESBYTERIAN CHURCH, (OLD SCHOOL,) 
 
 18G2. 
 
 In December, a committee of this Church 
 presented to President Lincoln this address : 
 
 To Bis Excellency Abraham Lincoln, 
 
 President of tite United States : • 
 
 We visit you, Mr. President, as the representatives of the 
 Reformed Presbyterian, or, as it is frequently termed, 
 " Scotch Covenanter" Church — a Church whose sacrifices 
 and sufferings in tlie cause of civil and religious liberty arc 
 a part of the world's history, and to which we are indebted, 
 no less than to the Puritans, for those inestimable privi- 
 leges so largely enjoyed in the free States of this Union, 
 and which, true to its high lineage and ancient spirit, does 
 not hold within its pale a single secessionist or sympathi- 
 zer with rebellion in these United States. 
 
 Our church has unanimously declared, by the voice of 
 her highest court, that the woi-ld has never seen a conflict 
 in which right was more clearly wholly upon the one side, 
 and wrong upon the other, than in the present struggle of 
 this Government with the slaveholders' rebellion. She has 
 also unanimously declared her determination to assist the 
 Government, by all lawful means in her power, in its con- 
 flict with tliis atrocious conspiracy, until it be utterly 
 overthrown and annihilated. Profoundly impressed with 
 the immense importance of the issues involved in this con- 
 test, and with the solemn responsibilities which rest upon 
 the Chief Magistr.ite irt this time ot the nation's peril, our 
 brethren liave commissioned us to come and address you 
 words of sympathy and encouragement ; also, to e.xpress 
 to you views which, in their judgment, liave an important 
 bearing upon the present condition of affairs in our beloved 
 country, to congratulate you on what has already been ac- 
 complished in crushing rebellion, and to exhort you to per- 
 severe in the worli until it has been finally completed. 
 Entertaining no shadow of doubt as to the entire justice 
 of the cause in which the nation is embarked, we never- 
 theless consider the war a just Judgment of Almighty God 
 for the sin of rejecting his authority and enslaving our 
 fellow-men, and are firmly persuaded that Ilis wratli will 
 not be appea.si-d, and that no permanent peace will be at- 
 tained, until Hi,-! autlidrity be recognized and the abomina- 
 tion thatlnakfth ili ^olat.' utterly extirpated. As an anti- 
 slavery Chun h i.t thr iiio-t nadical school, believing slavery 
 to be a liiiii'iiis ;inil :i:^t;r:ivated sin both against God and 
 man, and tn lie [ilariMl in tlio same category with piracy, 
 murder, adultiry, anil thrlt. it in i.ur solemn conviction that 
 Gud. by His ui.n'l .ind pnivicliiii'i', is calling the nation to 
 immeiiiatc,uiii<iiiilitii)nal,ai]d universal emancipation. We 
 hear Ilis vuire in llic thiuuli'rs ot war, .saying to us, "Let 
 my piiiiile go.'' Nevertheless, wo have hailed with de- 
 lighted satisfaction the several steps which you have taken 
 in tile dincliun of emancipation; especially do we rejoice 
 in your late proclamation declaring your intention to free 
 the slaves in the rebel States on the 1st day of Jan- 
 uary, 1S63 — an act which, when carried out, will give the 
 doath-blow to rebellion, strike the fetters from millions of 
 oondmen, and secure for its author a place among the 
 wisest of rulers and noblest benefactors of the race. 
 
 Permit us, then, Mr. President, most respectfully, yet 
 most earnestly, to urge upon you the importance of enfor- 
 cing that proclamation to the utmost extent of that power 
 with which yon are vested. Let it be placed on the high- 
 est grounds. Christian justice and philanthropy; let it 
 be declared to be an act of national repentance for long com- 
 plicity with the guilt of slavery; permit nothing to tarnish 
 the glory of the act, or rob it of its sublime moral signifi- 
 cance and grandeur, and it cannot fail to meet a hearty 
 response in the conscience of the nation, and to secure 
 infinite Ijlessings to our distracted country. Let not the 
 lieclaration of the immortal Burko be verified in this in- 
 stance: "Good works are commonly left in a rude and im- 
 perfect state, through the lame rirftimspection with which 
 a timid prudence so frequent I \ cpirxal.s beneficence. In 
 doing f,'i»id we are cold, lan-^iii^l. an-l sliiL;u'ish, and of all 
 tliiiij;.-i rlVaiJ of being too niucli in lli.' l■i,^'llt." We urge 
 you by Lveiy considcnition diawn troni the Word of God 
 and tlic iiicscat comlitinn of our bleeding country, not to 
 bo moved IVoni the palli of duty on which yon have so aus- 
 piciously entered, either by the threats or blandishments 
 
 of the enemies of human progress, nor to permit this great 
 act to lose its power through fears of timid friends. 
 
 There is aumher point which we estee.ii ol ij.ir.iiuount 
 imiiorlance, and to which we wish biufly to call ych.r at- 
 tention. The Constitution of the Uiiileii States coiita. ns uo 
 acknowiedgmeut of the authority of God, of Ills Clir st, or 
 of His law. as contained in the Holy Scriptures. This we 
 deeply deplore as wholly inconsistent with all claims to be 
 cuusiderea a Christian nation, or to enjoy the protection 
 and lavor of God. The Lord Jesus Cfirist is above all 
 earthly rulers He is Kiug of Kings aud Lord of Ix)rd8. 
 He is the one mediator between God and man, through 
 whom alone either nations or individuals can secure tha 
 favor of the Most High. God is saying to us in these 
 judgments : " Be wise now, therefore, yc kings; be in- 
 structed, ye judges of the earth. Serve the Lord with 
 fear. Kiss the Son, lest he bo angry, and ye perish from 
 the way when His wrath is kindled but a little. Blessed 
 are all they that trust in Him. For the ual.oa aud king- 
 dom that will not serve Thee shall perish; yea, those 
 nations shall be utterly wasted." 
 
 This time appears to us most opportune for calling the 
 nation to a recognition of the name and authority of God; 
 to the claims of Him who will overturn, overturn, and 
 overturn, until the kingdoms of this world become the 
 kiugdon.s ot our Lord aud of His Christ. We indulge the 
 hope, Mr. President, that you have been called, with your 
 ardent love of liberty, your profound moral convictions 
 manifested in your Sabbath proclamatious, and in your 
 frequent declarations of dependence upon Divine Provi- 
 dence, to your present position of houor aud influence, to 
 free our beloved country from the curse of slavery, and 
 secure for it the favor of the g'cat Ri%r of the universe. 
 Shall wo not now set the world an example ot a Christian 
 state, governed, not by the principles of mere political 
 expediency, but acting under a sense of accountability to 
 God and obedience to those laws of immutable morality 
 which are binding alike upon nations and individuals. 
 
 Praying that you may be directed in your responsible 
 position by Divine wisdom; that God may throw over 
 you the shield of His protection ; that we may soon see 
 rebellion crushed, its cause removed, and our land become 
 Immanuel's land, wo subscribe ourselves, in behalf of the 
 Reformed Presbyterian Church, 
 
 Yours, respectfully, 
 
 J. R. W. PLOANE, 
 A. M. .MILLIGAN. 
 
 REFORMED PRESBYTERIAN (oLD SCHOOL) SYNOD, 
 1864. 
 
 At Philadelphia, June 1, the following reso- 
 lutions offered by Mr. Sloane were unanimously 
 adopted : 
 
 0.\ THE STATE OP THE COUNTRY. 
 
 Whereas the nation is now suffering from those inflic- 
 tions of the Divine wrath which are the necessary result of 
 its forgetlulness of God and oppression of man; and where 
 as, in our judgment, love to our country is best manifested 
 not by flattery but by faithful warning and reproofs : and 
 whereas Reformed PreBl>yterianB have from the first exist- 
 ence of this nation predicted the present calamities, as 
 the inevitable consequence of the course which it was pur- 
 suing; therefore. 
 
 Resolved, That we call this nation to an humble acknowl- 
 edgment of its sins and a speedy national repentance as 
 the only means of averting present and still greater judg- 
 ments; to recognise in its Constitution the name and au- 
 thority of God, the Scriptures as its fundamental law, 
 and Christ as Ruler over the nations. 
 
 2. That we demand in the great name of that God. with 
 whom theieisno respectof persons, the immediate, uncon- 
 ditional emancipation of all persons held in slavery in the 
 United States; the abolition of all laws making odious 
 distinctions on account of color, and such amendment to 
 the Constitution as will forever prevent involuntary ser- 
 vitude, except for crime, in the United States. 
 
 3. That while we cannot, until these demands be met, 
 identify ourselves with the government by oaihs of alle- 
 giance or any other acts which involve complicity in the 
 guilt of the nation ; that, nevertheless, in the present fear- 
 ful conflict, our entire sympathies are witli the North, and 
 that we will exertour influence in all ways consistent with 
 a faithful practical testimony, and witli our well-considered 
 and long-established principles, to secure the suppression of 
 rebebion. 
 
 4. That we hold in utter abhorrence the present rebel- 
 lion, as the most impious attempt to establish mischief by 
 law that the world has ever seen ; that we express our ut- 
 ter detestation of it, in all its purposes and principles, and 
 will hold no fellowship — political or ecclesiastical — with its 
 aiders aud abettors, north or south. 
 
APPEXDIX. 
 
 473 
 
 5. That we deprecate the tardiness of the nation in nie- 
 tJUii out uLisoiute justice to the colored race, asciiUuliiied 
 to provoke lleaveu, to protract the war, to intensify our 
 [jieso t caliimitieB, and to endanger our very existeuco as 
 a nation. 
 
 6. That in tlie noble devotion of tlie colored race to the 
 nation in this day of its calamity, llnir p.iti nt t-mlurance 
 
 of 'vrong, their sulilime trust in I'l' .'ii (I i ir i-.jsa- 
 
 ticihle thirst lor knowledge, their un i i , m and 
 
 courage ou the field of battle, and tji \ : n under 
 
 jierpocution, we tind the refutation of li" ii-lijn iit slan- 
 ders which have been heaped upon them — anuihir illustra- 
 tion of the great truth, that God has " made of one blood 
 all nations rf men," and the signs of the approaehiug day 
 in which " Ethiopia shall strotoh out her hand to God."' 
 
 7. That we have great cause to rejoice, thank God and 
 take courage, that since our last meeting so ninny efforts 
 have been made both among the people aud in Congress, as 
 well as by several ecclesiastical bodies, to effect amend- 
 ments to the United States Constitution, and that such no- 
 ble testimonies have been borne in favor of the rights of 
 God and man, in which we clearly see how the testimony 
 of the church lias been leavening society, and how, under 
 God, the present civil war is an educator of the people. 
 
 8. That we especially notice the lato action of the Gen- 
 eral Cunference of the Methodist Episcopal Church, one of 
 the largest religious denominations in the United States, as 
 particularly significant and encouraging; inasmuch as 
 said Conlerencehas not only resolved so to change the gen- 
 eral rule of the discipline as to forbid slaveliolding alto- 
 gether, but has also unanimously passed the following res- 
 olutions, viz : 
 
 That we will use our efforts to make such a chang in 
 the Constitution of our country as shall recognise the be- 
 ing of God, our dependence upon Ilim for prosperity, and 
 also His word as the fouudatiun of civil law. 
 
 That we regir.! sl;ivery as abhorrent to the princi- 
 ples of our holy reli,'iou, humanity and civilization ; and 
 that we are decidedly in favor of such an amendment to 
 the Constituti in, and such legislation on the part of the 
 States, as shall t'rohibit slavery or involuntary servitude, 
 except for crime throughout all the States and Territories 
 of the ccuulry. 
 
 As friends of God and humanity, of Christ and the 
 slave, we owe to themconsta.it and untiriug efforts to 
 bring the nation into subjection to the Mediator and the 
 enslaved to freedom ,• an(i thei-efoie it is very desirable that 
 the Nationnl .Mass Convention for effecting amendments 
 to the United States Constitution, to meet in Philadelphia 
 on the 6th of July coming, be attended by all the friends 
 of reformation pcssible, and that these should advocate in 
 said conve:itio!i no'hing less than what Covenanters have 
 always demanded — that the United States Constitution be 
 unequivocally and fully Christian, scriptural and free. 
 
 QENEKAL SYNOD OP THE EEFORMED PRESBY- 
 TERIAN CHDRCH, MAY, 1863. 
 
 Whereas there is a God revealed to man in Holy Scrip- 
 ture as the Creator, Preserver, Redeemer, aud Moral Gov- 
 ernor of the world ; and 
 
 Whereas nations, as well as individuals, are the creatures 
 of his power, the dependants of his providence, and the 
 subjects of his authority ; aud 
 
 Whereas livil government is an ordinance of God, deriv- 
 ing its ultimate sanctions from hi.s appointment and per- 
 mission ; and 
 
 Whereius it is the duty uf ill mrn to acknowledge the 
 true Godin all the n'laii.'iis t!i ,\ .-ustain; and 
 
 Whereas there is im s|m ih mrnii.in of the authority of 
 God in the Federal Cnnstiluti .u of the United States of 
 America, the fundamental law of their existence ;is a nation ; 
 and 
 
 Whereas that Constitution and the Government which it 
 oiganizes and defines are now undfrijoiuir tlio tri;il "C n d'^- 
 fensive civil war against a rebcllinn ■ I i i irj ■ p Mii'-n ■>{ 
 its own citizens and for its own naticin I . \ i !> :i ■ ; I 
 
 Whereas the exigencies of the war ii.i\'- li..iiLlii tli.- 
 authorities of the n.ttion, civil and militaiy, suLjuLuinati; 
 iind Suiircnic, to I'orm.il recognitions of the being, provi- 
 fl'iice, and grace of tiod and of Jesus Christ his Son, to an 
 ixient and \vi;li a distinctness, such as the country has 
 n.vcr wiln'-s'd 1 i Imic: tiieiefore 
 
 i;.sn!rn/. 1 'llial in the judgment of this Synod the 
 time i< c 111' I r III I I'l "sal of such amendments to the 
 FcdiT;!l (^ I, iiii (i-.i;, in ihc way provided by itself, as will 
 6ui>iil\ !l I -Ml!- above referred to, and secure a dis- 
 tinct i _ I the being and supremacv of the God 
 
 of !M^, - :■-. 1 .il 
 
 '2. 'i:mi in III' judgment of Synod the amendments or 
 adi'itii'us to be nuule to the uati<mal Constitution should 
 provide not only for a recognition of the existence and 
 authority of God, but also of the mediatorial supremacy of 
 
 Jesus Christ his Son, " the Prince of the kings of the earth 
 and the Governor among the nations " 
 
 3. That, as several articles of the Federal Constitution 
 
 hav.' Iir-^n ,111.1 :ir.-. CMn-;tric-l in .1 :'•■•,■■•- nl' slavery, .Synod 
 
 d I ir - : 1 . ■- 1. I li" ,1, |i. ; I , I , I, ■ ', I' ;.-s to effect such 
 
 ell .1:- ■ i.t ' f!' - ■., .11 I . .11 . ' li'i niity of phrase- 
 
 oinuN .Ul Ini . -ii'.|. I, ;::;.| IN. [I,.' Ill ' ( . Ul.^titUtlOn, BS ItS 
 
 fralner•^ ■!■ I n I i i I . .ml a- it rc.iily is in spirit, a 
 document. . Ii .i .i r-i ,c.- .md liberty. 
 
 4. That ;- ;i I «m! |. 1111..11 the Congress of the United 
 States, a I iN n. u in. !in... 1.1 lake measures for proposing 
 aud securin- the amendments referred to according to the 
 due order. 
 
 5. That Synod will transmit a copy of such action as they 
 may themselves adopt, to the several religious bodies of tlie 
 country, v,i;h the respectful request that they will take 
 
 ii. 'I'lial :i I iiiinittee be appointed, composed of a mem- 
 I" 1 ii.ii '1 ..f ih.- I'r"<i.y<.-ries in Synod, to whom this 
 
 iii.ir -.1 I' I : 'i ' : ! ■ li.s,. duty it shall bo to cor- 
 r. I' i I > . i ! .1.1.. .i.^menand oilier individu- 
 
 a:- . in ;!j. n . . , i .. \ In > iind disposed to further tUJB 
 
 GENERAL SYNOD OF THE REFORMED PRESBYTE- 
 RIAN CHURCH, 1864. 
 
 May 18 — The body met in Piiiladelpbitx, and 
 
 adopted these resoluli'ns: 
 
 Resolved, 1. That it is the duty of t 
 to encourage and sust.iin the Govi-rnm 
 all that thev do lor the honor i.t C I 
 
 rin.rch of Christ 
 
 .1 1 1. ■otintrv in 
 e honor ot C I. ;; . ni of "the 
 
 111 of tliein. ..; , I . ...- . . war, and 
 1 hazards, of llie naliooal life, integ- 
 
 judgment of Synod, the present war is 
 
 iin^t a criminal reliellioii.coiiimonced aud 
 
 V n - - ' . . .■ ..;... destruc- 
 
 ■'. 'I'li.i 1 I li.' \\ . , ni". I \ni; . -f .-.- v 11. . i a. .■ extended 
 
 to tliesoiaie:saii.l s.iil.n, en tli.' lield and on the sea, in 
 the camp and in the hospital, and that the prayer of Synod 
 shall continue to be, that while they are iieriling and 
 laying down their lives for their country, they may them- 
 selves be savetl thi'ongh Ilini who laid down his life for the 
 world. 
 
 GENERAL ASSEMBLY OF THE CUMBERLAND PRES- 
 BYTERIAN CHURCH, MAY, 1863. 
 Whereas this General Assembly of the Cumberland 
 
 Pn-.M,ytrriaii Climxli in the United .^tates of America can- 
 
 11.. I . ..1..'. .,1.1 'III .... i| Li" ].i!ii ■:,i.,:.|.' ii'ii: li ll; 1 the very 
 (■■, ■: ... ..[..!■ I I..1:. ::....;! : :.,.;,. -.-a by a 
 
 ^^ 1. . . ' : : n • ■,!:•■. •.•>■ Of the 
 
 <;..'■ 1 ' .. \ . ! i..n.::i I I 1 .. I I, |. .1 ,' I. it. -, \. 1.1. 11 rebellion 
 lia-i'lnn ;. . I 1 1 .. ■ 11 , 1 1. n in I . t li- must .Ireailfiil civil war; and 
 
 W In I. IS til.' cliur. ll is ih. li-ht of the world, and can- 
 iint \\ iiiilii.li! Ii. 1- ti~niii..n\ 11111.11 great moral and religious 
 questi.ij.^, and ui.nn nieasuris su deeply affecting the great 
 interests of ChrLstiau civilization, without becoming justly 
 chargeable with the sin of hiding her light under a bushel ; 
 therefore 
 
 Resolved, That loyally and obedienco to the General 
 Government, in the exercise of its legitimate authority, 
 arc the imperative Christian duties of every ciliz^'u, and 
 that treason and rebellion aro not mere political off.jnses 
 of one section ag.unst another, hut heinous sins agaiost 
 God and His authority. 
 
 2. That the interest of our cotr^mon Christianity, and the 
 cause of ('hri.siiaii civilizition and national freedom through- 
 out the u": .', mill i.s tnhopo and pray God (in v?hom 
 is all ouii! : 111 I IS unnatural rebelliou maybe put 
 down, .in.i i ; '<• ' authority of the General Govern- 
 inei.t re-' , mil maintained. 
 
 :;. II. ll .. I I'ly sympathize with our fellow-country- 
 m I ll i ' I. u who, in the midst of great temptation 
 I ,! live stood lirni in their devotion to God and 
 
 In. .1 C.J , all > , and also with those who have been driven, 
 conuaiy to their judgment and wishes, into the ranks of 
 the rebellion. 
 
 4. That in this time of trial and darkness, vye re-endorse 
 the iireamble and resolutions adopted by the General As- 
 sembly of the Presbyterian Cliiircli at Clarksville, Tennes- 
 see, on the •J4th day ol May, 1850, which are as follows : 
 
 Wheinas, in tlie oi'iniou oliliis General Assembly, the 
 IH'-. I' ii.i.n III III.' I m. 11 "I ili.'se States is essential to 
 111. ... I ' 1 "1 the people, and it is ro- 
 
 ll 1 mibic in iho Church, and 
 
 iii.e-i |i.ii 1 :. II .1: iv 111 ll." ll .1: ' h we represent (it having 
 had its origin vviiliin the liinils of the United States of 
 America, aud thai soon alter the blood of our Revolutionary 
 lathers had ceased to flow, in that unequal contest through 
 
474 
 
 APPENDIX. 
 
 which they were successfully conducted by the strong 
 arm of Jnhovab'), to express its devotion, on all suitable 
 occasions, to the Uuveruincnt of tlioir choice : tlioiofore, 
 
 Resolved, That this General Assembly loolc with ceiisure 
 and disapprobation upon attempts, from any quarter, to 
 dissolve the Union, and would regard the success of any 
 such movement as exceedingly hazardous to the cause of 
 religion as well as civil liberty. Aud this General Assem- 
 bly would strongly recommend to ail Christians to make it 
 a subject of prayer to Almighty God to avert from our 
 beloved country a catastrophe so direful and disastrous. 
 
 Oa the subject of Americaa slavery, your committee 
 submit that wo should not view it as if it were about to be 
 introduced, but as already in existence. We do not hesi- 
 tate to declare that the introduction of slavery was an 
 enormous crime, surpassed by few crimes that have dis- 
 graced the history of the world, and that there arc at 
 present great evils connected with it, and that we believe 
 will more or less be connected with it while it exists. As 
 to the remedy for these, the greatest and best minds of 
 our country aud the world have greatly dififored and been 
 much perplexed; therelbre, we would recomm;nd to 
 those who, in the providence of God, have been placed in 
 connection with this institution, to continue prayerfully to 
 study the word of GoJ, to determine their duty in regard 
 to their slaves aud slavery ; and to those who are not thus 
 situated, that they exercise forbearance towards their 
 brethren who are connected with slavery, as the agitation 
 of this subject at the present time in that part of theChurch 
 where slavery does not exist, cannot result in any good 
 either to ihe master or slave. Touching the subject of 
 American slavery as set forth in the memorial before us, 
 your committee are not prepared to make the simple hold- 
 ing of slaves a test of church-raembcrship, as they under- 
 stand the rai:'raorial before them to propose. 
 
 Resolved, That we disavow any connection with, or sym- 
 pathy for, the extreme measures o( ultra-atolilionists, 
 whose efforts, as we bclijve, have been, and are now, 
 aimed at the destruction of our civil government in order 
 to abolish si ivery. The committee would say, in conclu- 
 sion, that the report herein submitted is agreed upon as 
 a compromise measure, to unite the energies of our beloved 
 Church, and harmonize all our intetesis in the future, and 
 to bind the entire membership of our Church, if possible, 
 in close bonds of Christianity and fellowship. 
 
 QENKRAL ASSEMBLY OF THE UNITED PRESBYTE- 
 RIAN CIIOKCH, 1861. 
 
 May 15 — The body met at Moamouth, Illi- 
 nois, and adopted a report and resolutions, from 
 which the subjoined is extracted : 
 
 Slaveholding is the great and Immediate cause of the 
 present trouble, though seldom thought of as an evil by 
 those who are directly concerned in it. Slavery must be 
 exceedingly flagrant in the sight of the Great Parent and 
 Ruler oi men. If it is murder, the blackest of crimes, to 
 violate the imago of God enstamped on man, what is it to 
 debase and trample on that image, and treat it as a brutal 
 thing? To tear asunder the tender ties of nature and 
 airection— what is it but horrible cruelty ? To work a man, 
 and give him no wages, or no sufficient wages, is nothing 
 but robbery and opp ession. To forbid the great God to 
 speak to His own creaturc.«, that they may be saved, is 
 bidding deflance to the very heavens. To deprive a people 
 of the ordinance aud privileges of marriage, is to keep 
 them ill beas ly concubinage. It should not be thought 
 that we, in the Free States, have nothing to do with tliis 
 monstious iniquity. Have we notconntenanced those who 
 practised it? IJavo we not contributed to extend aud es- 
 tablish and fortify it? 
 
 In view of these things, we doubt not but the Lord is 
 calling us, in' this day, to fasting and n*ourning and sup- 
 plicaiioii ; and wc, therefore, recommend the adoption of 
 the following resolutions : " 
 
 Resolved, 1. That the General Assembly do advise and 
 exhort all the people under her inspection to " search and 
 try their ways, and turn to the Lord. Let them cease to 
 lio evil, and learn to do well."— Isaiah, i. 16. 
 
 2. That the clerk of the Assembly be directed, and 
 hereby s directed, to forward to the President of the 
 United !-'tatcs a letter in behalf of this Assembly, and 
 assure him of our earnest sympathy, and the syiupathy of 
 our people, and our and their readiness to co-operate with 
 him , in his endeavors to maintain the Constitution and the 
 integrity of the nation. 
 
 OESEBiL ASSEMBLY OP THE UNITED PRESBYTE- 
 RIAN CHURCH, 18G2. 
 
 May — The following preamble and resolu- 
 tions were unanimously adopted : 
 
 Whereas, our country suffeni under a desolating civil 
 war, and calamities not oftini equaled in the history ot the 
 world are now endured by ojr fellow-couuiryiiien; and 
 whereas the ministers of the gospel, as witni'pscs lor 
 Christ and watchmen on the walls ofZion,are bound by 
 their testimony to give the trumpet a certain and distinct 
 sound in order to warn tiia peo|)le of their danger, and 
 direct them in the way of duty : thrrplorp. 
 
 Resolved, That we recugnizr' in llio (leicals and disnstera 
 of our forces in the beginning of the coullirt a deserved 
 visitation of God's wrath upon us for our cuinplicily in the 
 sin of slavery ; and whili wo have reasou to fear further 
 reverses to our arms, yet we feel and hereby express our 
 gratitude to God for the recent victories and advantages 
 obtained over the enemy, and cherish the hope and belief 
 that God will continue his favor until rebellion shall be for- 
 ever cruslied and peace restored. 
 
 2. That, believing that, so long as slavery lives, no per- 
 manent peace can be enjoyed, we express our highest 
 gratification at the emancipation policy indicated in the 
 President's recent proposition, to aid tho slave States in 
 the " abolishment " of slavery. We thank God for tho 
 deliverance of the District of Columbia Irom the natioual 
 curse and disgrace of slavery, and would hail with plea- 
 sure the proclamation of universal liberty ; and we trusi 
 our worthy President and Congress will iiiirsue the course 
 of em incipation t 11 liberty shall bo proclaimed throughout 
 all Ih - land to all lli' lu'.nbilants thereof. 
 
 3. Tiiit, belii^vnig c'iiii;)romise with wrong to be the rock 
 on wiii'li o;ii- I'm.), I ha^ li'-cn in danger of sp iiling, we 
 warn I'iii' t ■ 1 V.-. ■'.■'•-, politicians, and statesmen, that a 
 campi- I .. : '■< I i-n 111 behalf of slavery will be no 
 lossiiHi- 1' i I -iilMliiy of our Government than to 
 
 theCUl ■ ' I ll":,,,l:, i.vrdoiii. 
 
 4. Til ii. Iirii. \ HI-; it to be a duty specially incumbent on 
 the C'li' n li I" I'l li r light shine, and that her miuistryare 
 parliciilai ly IjdiiihI in the present p'Tiious criL^is of our 
 country's bi?tory to declare the counsel of God regarding 
 the sin and crime of slavery, wc trust that all the preachers 
 of that gospel which proclaims liberty to the captive of 
 every denomination, will hear and obey God's voice, now 
 calling upon them louder than ever before, to open their 
 mouth in behalf of the dumb. And wc would especially 
 urge upon our brethren under our care, to givo a clear 
 testimony on this subject, in order to instruct our people 
 and the nation in tjie great truth that Righteousness exalt- 
 eth a nation, whilst sin is a reproach to any people. 
 
 5. That, as we can only succeed by depending entirely 
 on Divine agency, we will call upon the Lord in our trouble, 
 and ask Him to so overrule tho present war, inaugurated 
 lor the purpose of extending and perp'tiialing slavery, 
 that it shall issue in its final and complete overUirow ; aud 
 that we will bear on our spirits continually, the Congress, 
 the army and navy, nnd pray especially that God would 
 preserve tlinse wlio have enlisted in the cause of their 
 country from tho perils of the camps and tho field, and 
 restore them to their families and friends in peace and 
 safety, and prepare those who may have to die in the 
 conflict, for a victory over death and hell, aud a triumphant 
 entrance into heaven. 
 
 BAPTIST. 
 
 MEETING OF THE BAPTISTS AT BROOKLYN, N. T., 
 MAY 29, 1861. 
 
 A. B. Capwell, Esq., presided, and the follow- 
 ing oflicers were apppoiated : 
 
 Vice-Presidents — Hon. George N. Briggs, 
 Rev. G S. Webb, D. D., Thomas W.,tson, Esq., 
 A. Ilubbell, E q. 
 
 Secretaries— Rev. W. II. Sbailer, D. D.,Rev. 
 J. B. Simmons. 
 
 Rev. G orge C. Baldwin, D. D., opened 
 the proceedings with prayer, after which the 
 Committee, appointed at a preliminary meet- 
 ing—Rev. Dr. William R. Williams, N. Y., 
 Rev. Dr. Rufus Babcock, N. J., Rev. Dr. 
 E. E. Cumtninsrs, New Hampshire, Rev. Dr. 
 Samuel Baker, Rev. J. Hyatt S. Smith, of Pa., 
 Rev. Dr. W. II. Shailer, Maine, tind Rev. Dr. 
 S. B. Swain, Mass — presented, throuah the 
 Chairman, Rev. Dr. Williams, the following 
 leport, wh'ch was adopted: 
 
 The Assembly of Baptists gathered from the various 
 Northern Stales of tho Union would, in the prcsi'iit solemn 
 crisis of our national history, put on rocoru some expres- 
 
APPENDIX. 
 
 475 
 
 sion of thoir judgtnent as Christians, loving their country, 
 and seeking, iu tiiu leai- and from the grace of Uod, its best 
 Interests . Wo are tUreateued to bu rent as a people into 
 two hostile camps; several States of the Union liave 
 claimed to release tliemselves by their own act from the 
 national Constitution and Union, having formed what they 
 designate as a Confederacy. They have seized the national 
 forts, armuuicnis, and ships. Such proceed iiigs ou the part 
 of a neighboring cimiinunity would be held actual war. 
 Yet there has beon no precedent sach as iu modern cout' sts 
 inaugurates ordinary liostiiuies. They have bombarded a 
 national garrison. The Geuerat Government at Washing- 
 ton have refused lo recognizo the right of secession, and 
 have proc aimed alike their own right and their own pur- 
 pose to occupy the national property and defences now 
 usurped. One of the foremost statesmen in the new luovr- 
 meut, and himself the executive officer of thenewassnni''! 
 Coufedei-acy, had declared African slavery the imui>'di;ih' 
 cause of t lie revolution thus attempted. He has allc.L;-il 
 that the old — and, as the Norih deems it, the ouly exisiing 
 Constitution — regarded such slavery as wrong in principle, 
 and that the founders of this Constitution expected the 
 bondage, in some way, and at some time, to vanish. 
 He declares of ttio new Confederate f^tates that they as- 
 sume, as their basis, the fundamental erroneousuess of 
 such original estimate and expectation on the part of the 
 alhers of our land. Accepting not only the propriety, but 
 the perpetuity of such servitude, ho places the new gov- 
 ernment on the alleged inferiority of the negro race, as its 
 corner-stone. He claims for the new Confederacy that It 
 is the first government in all history thus inaugurated on 
 this new truth, as ho would call it. He invites the North- 
 western States to enter the Confederacy. But ho antici- 
 pated the disintegration of the older States; and he declares 
 that iu case of these last, admission to thenew Confederacy 
 must not be merely by reconstruction, but reorganization 
 and assimilation. In other words, African bondage seems 
 required as the mortar that is to agglutinate, and the rock 
 that is to sustain the re-combined and rebuilt soveroigntv 
 that shall include even these last. Jlen in high position in 
 tiie new organization of the South, have proclaimed their 
 intent of seizing the national Capitol, and planting their 
 flag on the seats of Northern State Govorumeut. The 
 President ol the United States has summoned a large, 
 formidable force to the metropolis of the Union, rallying 
 to the delencc of the General Government. Kemembering 
 their owu character, as the servantsof the Prince of Peace 
 this Assembly would speak fraternal y, not heedlessly 
 exasperaiiirg strife, hit also with a frankness and decision 
 08 not indoi sing injustice. The Church is a kingdom not 
 of the viriiild. But the men of the Church arc not the less 
 bound to recognize and loyally to uphold all rightful secu- 
 lar eoverument. 
 
 The i)owers that be are ordained of God, and the magis- 
 tracy is by His will to bear the sword not in vain. Christ, 
 iu liis AI( .ssi:ilisliip. would not be made ajudge or a divider 
 as to theKtiitutcHiiinl estates of tlii,-i eartli: lint Undid not, 
 therelore, Mlnu-nlr tli.' liil.uiKils ,,\ <mi-|1i1v jnd-ni.-nr. T.. 
 Cuesar HelKid- iHr.u.lrr C;^.-;!,-,, ,l,i.,. I !>■ r|p.| ,-!„■, 1 una 
 exeniplilicil ii;itriiiti>ia wli^ ii anwi'iin- In tin' :iiiihm1 
 made to fliiu ill thebelniUol lli;it L.eiitile i ulur, a.-, far as 
 one who loved ''our'' (Jewish) nation. He hhuueiHt wlien 
 weepiug as He predicted the coming woes of His own 
 people and of their cliief city. The Gospel of Christ, then, 
 sanctions and consecrat. s true jiatriotijui. Sliall tlic Cliris- 
 tians of the North ac. 'iit tli'' ii \..|iin -n tlms t ■ ]'<■ i a n imi- 
 tated upon them, as Wallalitnl alal 11. ( >^,il V .' or shall tia \ 
 acquiesce iu it as ini'vUaM v (lisnii-^iio^ tii' ijia nIi'Mi oT iis 
 origin iu the irreeoveralile past? iShalltla y wait 1h>|.'Iii!I,v 
 the verdict of the nations and the si-nf. u.a ,if I'l .,\ i,|. n, .■ 
 upon the new basis of tliis e.xtfiiiina !/■ o c iinlnl. lai y ? 
 Meanwhile sliall they submit passiv'l\ d. ili^ pr .li. t-d <lis- 
 ilita-iation ..f tln-ir own > oilh, i„a,.' ,! : n i i ' iK ui.on 
 
 tllrl„,>Ml.ilitirSol lll-UoMl, l.^a-ualn I .1 Iv tliclll 
 
 baltlrd and 
 necessarily 
 Christians 
 
 hesioii 
 ye' hi 
 
 jstinted sujiiiort in its wise, forbearing, and 
 leuancti of the uatiuual unity and life ; and 
 
 that, sore, long, and costly as the war may be, the North haa 
 not souglit it, and tlio North docs not shun it, if Southern 
 aggressions press it; and that a surremlerof the uatiomil 
 Union and our ancestral piincipK-s woul.l involve sorer 
 evils and longer fapiitim; oi : . oi'l \ a^i a . ,.-: lu]'--s. 
 
 3. That the wnn.li-ou- ii|i ,,r.r: i;. ■:! .11 t harmony 
 and largest self-sacnir •■. ..: iImwI,. I .iii i ■.. a-sert anil 
 vindicate tli<- natiiiiial iin i \ , i ■ i!i- . a, .. . , ■ i .o.-lnl ania-za- 
 ment unci ili'Viiu.-.-t aclviao', h it: mail li . I li 1 i. mI \'. Im ^ ways 
 all hearts ami ..idriM all ry.-nl ; .aid Mi il lin ■ i. - iii-.ajt 
 patriotism, wi-.l.v iIi-m-Ii.mI and ..ir. r|. il, iij.i\. m Cul's 
 
 blesseil dis, i|diii''. ■.t . vil., thai teenied eiuouic and 
 
 irremedi.iM.- m lla- nalnaial . Iiaracter. 
 
 4. Til II. I ,11 lid as 1- ila.^ iiiir;;i?of wareven in the justest 
 
 cause, wi- i I. as a 11 iiam. lo hiiinlile ourselves before God 
 
 i;.r till- vaiii--|i.iy, sili-aaih h 1,-1. 1 .-id, vmalilv, and eor- 
 niplMi, ,i|' mas I.m, ,,, a, , 1 „, |a„il:' ih.t j,, i|u 
 
 it8tloii.;;ly teni 
 
 s: but 
 
 Ihal , , ,, 1 1- ,1 
 
 ■ ' i , 11: , • 1 1 1 i 1 1 1 L 
 
 the fear of God 
 
 it nia 
 
 - Ill- i • 1 
 
 . ' |. ISt 
 
 times has beoi 
 
 , a sti 
 
 
 
 good. In tliis srruiiKl 
 
 . til . hill h. 
 
 III" ■... 1 -hoVd.'i^ 
 
 by pray,.,- lo, t 
 
 iian,-ll 
 
 ■ .li-lrdiiih r 
 
 -■. i,|itiM -and ti-a.-t. 
 
 and theeii.s.,, 
 
 lUi'llli' 
 
 t .il d.-\ ..lit-, ha] 
 
 !aoi.. .- ,-k the reli- 
 
 giouseultiMv .' 
 
 
 lav.' -ulai. IS and 
 
 
 6. Thatll.a.N 
 
 . I'tli hi 
 
 ■k 11. d, ill aliv sal 
 
 -a, 111- siihiu.jiation 
 
 ol tin- S I1..11 
 
 Ihi' la 
 
 T. !^ .i| a >.-i\,],- 
 
 var. Ill lla- ihaasta- 
 
 l'nu'H'diV'w''ii,!'i 
 
 I liiaid 
 
 'thal'.-rrl'Mauu! 
 
 |i-"ill-a'ddo'!i't'tl'iij 
 
 Con.Utali.m a 
 
 d Idii 
 
 m, Would auuihi 
 
 ale tile beat safe- 
 
 guard of S,,iiih 
 
 in iM-a 
 
 
 
 6. That Iha. 
 
 llllrha 
 
 of onr denomination he urged to set 
 
 apart tin- last 
 
 'lidav 
 
 11 .Juno as a day 
 
 of solemn hnniili- 
 
 ation and iiia> 
 
 cr liir 
 
 
 .a' (■.>■; . a' ." ioU8 
 
 care to hinder 
 
 
 1 1 1 1 i 1 I h ' ■ . a . ' : 
 
 
 and to sanetify 
 
 tllo 111: 
 
 1 ; and Ihal 1 -, 1 
 
 
 d''y.<'vening of 
 
 e.uli H 
 
 -."-k hi 1-1-, .1 : 
 
 ■. a ; 1 a ' ai ' I' llllar- 
 
 
 y, for our country dunn 
 
 g this jiei-iod of her 
 
 ^ 7"."'l'llat', I'l 0',,' 
 
 4ht neo 
 
 rer as eternity ar 
 
 d judgment are in 
 
 Sll.il lim.'Sol- ^ 
 
 ,arp ti- 
 
 al an. I sudden el 
 
 inge, it is the duty 
 
 of all tois-d,.,.,i 
 
 
 .-tin- bi.ur,— the 
 
 duty of all Christ's 
 
 people to sa,.,| 
 
 lt Iha 
 
 Mills .if Zion be 
 
 built in tr.ublouB 
 
 times, and m li 
 
 ']<■■ .ad 
 
 'ai d rvn- in th 
 
 It wonder-working 
 
 God who luad' 
 
 
 , lai-aais to Tl 
 
 lia luid the South 
 
 isi-as t'l ,uiii\v ai 
 
 lid III - 
 
 N .' ; .1 aw , I - 
 
 'ho trained, in Ser- 
 
 ami»aa- ii,i--i.> 
 
 h, ila- 
 -. l!i: h 
 
 1 i 1 i . : " 1 ' ; ' ; ! 
 
 in warrior, as, two 
 .' wars of thoCom- 
 
 IiaanMMltl,, tin 
 
 warn. 
 
 
 oto, as army chap- 
 
 lain, thr ■■S.dii 
 
 s Evei 
 
 lasting Ilest,' ai 
 
 d the Dunyan, who 
 
 d(- lili.d lia-al 
 
 after 
 
 time, the" Pilgn 
 
 ui's Progress," and 
 
 \Vi 
 
 S. that uliatwas bought at Bunker Ilill, Valley Forge, 
 and Yorktown, was not, with onr consent, sold at Mont- 
 gomery ; that we dispute tho legality of the bargain, and, 
 ill tho strength of the Lord God of onr fathers, shall hopa 
 to contest, through this generation, if ueed he, the feasibility 
 of the transfer. 
 
 WEST NEW JEKSEY BAPTIST ASSOCIATION, 1861. 
 
 Sejit. 10— The body met at Mount Holly. 
 
 Sept. 13 — Tbe report of the Coinmittee on 
 the State of the Country — Samuel Aaron, J. 
 E. Wilton, E. M. Barker, J. M. Carpenter, L. G. 
 Beck, J. 11. Lambert, H. J. Mullord, Henry 
 Samuel — was unanimously adopted : 
 
 Whereas, all genuine Baptists h.nve ever cont-nded for 
 
 the principle of civil and religions liliertv. (see Acts iv. IK, 
 ■M:) and wluu-eas that lihrr!;/ is n,u-t lnd\ s. i iii-rd lo a 
 lM-o|.le und.-r tiio fonu of a Iiaiu .lata- I: liilm,-: and 
 
 1 delude and divi.le theni, and both co-opeiatini» 
 the Government and annihilate the Union; 
 
 I our dutv .as citizens, 
 I such t',■alt',)■!:,^^|'. ' 
 
 i|ih na-nts of death on lla I - id .1 i .ml.-, 
 Uoveiiiment and the Coiistitnlion, :is our 
 Oar lives, our fortuius, and our sacred 
 
 pli-Mmng to t 
 latlurs did, 
 /lOtKir." 
 
 2. If tho Kehels raise the i.ssue 
 Constitution, that wa- will supi 
 sweeping fr(jni tlie country thai i 
 liii/hts of man. 
 
 I'twpen slavery and the 
 
476 
 
 APPENDIX. 
 
 3. That we approve of the President's appointment of a 
 " natiouiil fast-(l:iy," and ciirn>'stly request the churches tu 
 observe tlie il;iy by fasting, and by prayer, and by seriuoiis 
 or addresses, c;ilcuhited to instruct the i)eople and attach 
 tUeni to our noble institutions, the best ever enjoyed. 
 WEST NEW JERSEY BAPTIST ASSOCIATION OF 1862. 
 
 The President made the following reply to 
 the resolutions of this body passed at its 
 session of 18G2 : 
 
 Department of State, Sept 29, 1862. 
 
 Reverend Gentlemen: The resolutions concerning the 
 state of public affairs, which you liave transmitted to me, 
 have been cunimunicated to the President of the United 
 States. I am instructed by him to reply tliat he accepts, 
 with the most sincere and grateful emotions, the pledges 
 they offer ot>all the magnanimous endeavors and all the 
 vigorous efforts which the emergencies of the country 
 demand. The Pro-ident desires, also, that you may be 
 well assure<l that, bo f u- as it belongs to him, no vigor and. 
 no persevenuice shall be wanting to suppress the existing 
 insurrection, and to preserve- and maintiiin the Union of 
 the States and the integrity of the country. You may 
 further rest assured that the President is looking for a 
 restoration of peace on no other basis than that of the 
 unconditional acquiescence by the people of all the States 
 in the constitutional authority of the Federal Government. 
 Whatever policy shall lead to that result will be pursued ; 
 whatever interest shall stand in the way of it, will be dis- 
 regarded. 
 
 The President is, moreover, especially sensible of the 
 wisdom of your counsels in recommending the cultivation 
 by the Government and people of the United States, of a 
 bpirit of niceUness, humiliation, and dependence on Al- 
 mighty God, ;is an indispensable condition for obtaining 
 that Divine aid and favor without which all human power, 
 though directed to the wisest and most benevolent ends, is 
 unavailing and worthless. In a time of public danger like 
 this, a state, especially a republic, as you justly imply, 
 ought to repress and expel all personal ambitions, jeal- 
 ousies, and asperities, and become one united, harmonious, 
 loyal, and devotional peojjle. 
 
 Your obedient servant, 
 
 WILLIAM U. SEWARD. 
 
 WEST NEW JERSEY BAPTIST ASSOCIATION, 1864. 
 
 September 13 — The body met at Pemberton. 
 
 September 14 — The leport of ttie Committee 
 on the State of the Country — Samuel Aaron, 
 A. J. Hires, S. C. Dare, M. Jont:s, J. Hammett, 
 T. G. Wright, and Joseph H. Kain — was 
 adopted : 
 
 Resolved, That Civil Government, whether among Chris- 
 tian or Pagan nations, is an ordinance of God, intended to 
 establish natural justice amongmen,and that our American 
 Government is the nearest approach to right since the 
 Institutions of Slosee. 
 
 2. Thercluv, tliat 1 1 li^ Southern conspiracy against our 
 nation's lil.- i^ \\v L:ri,itist political atrocity since Israel 
 rebelled a,^:ii'i-i. I. ipaMl,. 
 
 3. Thatii^ ll:i l.'iiil aiipi.inted war, pestilence, and famine 
 to humble uuil sul>jngate the Jews, so we believe this nation 
 has His sanction ibr making the costliest sacrifice of trea- 
 sure and blc'od thailiistory records, in order to exterminate, 
 even with fire and sword, those devoted agents of disunion 
 and birbarism, wlio perseveringly swear that they will 
 destroy the Union or themselves. 
 
 4. That the measures thus far employed by our public 
 representatives and sanctioned by the people, have, for the 
 most part, been right ana expedient, and that their results 
 lio, just now, afforii abundant promise and glorious hope of 
 the triumph of liberty, justice and humanity. 
 
 5. That any terms of peace short ot UMciualified suhrnis- 
 sion by the rebels, would be an act of unparalleled treason 
 11 lainst the industrial, social, and mural interests of man ; 
 .nid a mockery of the Divine I'lovidence, which has so 
 fiuinently exulted us in the political heavens, to be the 
 pole-star ot liberty to the human race. 
 
 WEW JERSEY BAPTIST STATE CONVENTION, 1864. 
 
 November 10 — The body met in Borden- 
 town. 
 
 November 11 — The report of the Committee 
 on the State of tlie (Country — Messrs. Whee- 
 li)Ck H. Parmly, litnry C. Fish, Lewis Smit'', 
 J. Perry Hall, llobert F. Young — was accepted, 
 '■ with remarkable unanimity," as follows ; 
 
 £esolved, That wo recognize, with deepest gratitude, the 
 
 hand of God in the signal successes which have attended 
 our gallant army and nivy during the past year in their 
 eflorts tu oveithrow the present rebellion. 
 
 2. That we also recognize the same Divine hand in mov- 
 ing the hearts of the loyal masses of the country to rebuke, 
 with unmistakable emphasis, through the agency of the 
 ballot-box, the atrocious attempts of designing and corrupt 
 men in the North to embaiTass the G( neral Government, 
 and lend elTectual aid and comfort to armed traitors. 
 
 3. That, since the war into which wo have lieen Ibrced is 
 essentially a couHict between freedom and slavery, we see 
 no metliod of terminating this conllict, and d<'sire no 
 other, than by the utter extinction of the system of slavery 
 throughout all the national territory. 
 
 4. That God is calling us as Christians to jiut forth the 
 most vigorous exertions for the religious welfare of the 
 millions of oppressed people whom the fortunes of this war 
 are bringing within the reach of our evangelical effort. 
 
 6. Inasmuch as success can come from God alone, we 
 still feel the need of continued prayer lor the further in- 
 terposition of His power in our behalf, that this cruel con- 
 flict may be settled at last in such a manner as to heal all 
 our differences, exalt us 'in righteousness, and bind all 
 parties and sei^ti ms into a firm and indissoluble Union. 
 
 6. That we heartily ajiprove the President's Proclamation 
 of Thanksgiving on the last Thursday of this month, and 
 recommend that it be obseiTud by all the churches repre- 
 sented in this body. 
 
 PHILADELPHIA BAPTIST ASSOCIATION, 186'2. 
 
 On motion of Rev. J. Wheaton Smith, the fol- 
 lowing resolutions were adopted: 
 
 Eesolred, That, as members of the Philadelphia Baptist 
 Association, we reaffirm our unswerving loyalty to the Gov- 
 ernment of these United States. 
 
 'Z. That in the trials through which we are passing as a 
 nation, we recognize the guidance of the Almighty, and see, 
 not dimly, the purpose of his love to purify the fountains of 
 our national life, and develop in righteousness the ele- 
 ments of our national prosperity. 
 
 3. That, as Christian citizens of this Republic, it is our 
 bounden duty to renounce all sympathy with sin, to rebuke 
 all complicity with evil, and cherish a simple, cheerful con- 
 fidence in Him whose omnipotence flowed through a strip- 
 ling's arm and sank into the forehead of the Philistine. 
 
 4. That, in pursuance of this spirit, we hail witii joy the 
 recent proclamation of our Chief Magistrate, declaring 
 freedom on the firstday of January next to tlie slaves in all 
 the then disloyal States, and say to him, as the people said 
 to Ezra, " Arise, for the matter belongeth unto thee; we, 
 also, will be with thee; be of good courage and do it." 
 
 5. That, in the name of Liberty, which we love ; in the 
 name of Peace, which we would make enduring; in the 
 name of humanity and of religion, whose kindred hopes are 
 blended, we protest against any compromise with rebellion; 
 ami for the maintenance of the war on such a basis, whether 
 for a longer or a shorter period, we pledge, in addition to 
 our prayers, our " lives, our fortunes, and our sacred honor." 
 
 6. That a copy of these resolutions be forwarded to the 
 President and his advisers, with assurances of the honor in 
 which, a« Christians, we hold them, and with our solemn 
 entreaty that no one of them will, in the discharge of duties 
 however fiiithfiil for his country, neglect the interests of 
 his own personal salvation. 
 
 THE president's REPLY. 
 
 Washington, October 18, 1862. 
 
 Gentlemen: I have the honor to acknowledge lor the 
 other heads of departments, as well as in my own behalf, 
 the reception of the resolutions which were adujted by 
 your venerable association during the last v.eek, ami t'v 
 assure you of our high apprejialiou of the personal kiint- 
 ness, patriotic feivor, and religious cl( Aotiuii which pervade 
 their importiuit proceeclini;s. You .-eem, gentlemen, to 
 have wisely borne ii. iiiIikI, what is too often forgutteii, 
 that any government— especially a republican om — •cannot 
 bti expected to rise above the virtue of the people over 
 whom it presides. Governmeui is always depeiKknt on the 
 support of the nation from >vlioni it derives all its powers 
 and all its forces, and the inspiration which can give it 
 courage, energy, and resolution, can come only from tiie 
 innerniost heart of the country which it is recpiired to lead 
 or to save. It is indeed possible for our Administration in 
 this country to conceive and perfect ixilicies which would 
 be beneficent, but it oould not carry tliem into effect 
 without the public consent; for the first instruction wliii h 
 the statesman derives from experience is, that he imist do, 
 in every case, not wliat he wishes, but what he can. 
 
 In reviewing the history of our country, we hud many 
 instances in which it is apparent tiiat grave errors have 
 been committed by the Government; but candor will 
 oblige us to own that heretofore the people have always 
 had substantially the \ eiy Kind of Admmiatiatiou wliicli 
 
APPENDIX. 
 
 477 
 
 they at the time desired and preferred. Political, moral, and 
 religious teacliers exercise the greatest iofluenco in form- 
 ing and dirtctiDg popular sentiments and ro>oUitioiis. Do 
 you, therefore, gentUmen, persevere in the inculcation of 
 the principles and sentiments which you have expressed iu 
 your reci ut proceedings, and rest assured that, if the na- 
 tional magnanimity shall be found tqual tn the crisis 
 through vvhich the country is pa--iiiu i; ' • Hi is i.n the 
 part of the Administration will he -|i :: : i i ,!i aliouta 
 peace without a loss of any part of til ! 'i litories, 
 
 or the sacrifice of any of the const;;i;ii : I - i muds of 
 civil or religious liberty. I need hanlly say that tho satis- 
 faction which will attend that result will be immeasurably 
 increased if it shall be found also, that in tho operations 
 which shall have produced it., humanity shall have gained 
 new and important advantages. Commending ourselves to 
 your prayers, and to the prayers of all who desfre the wel- 
 fare of our country and of mankind, I tender you tiie sin- 
 cere thanks of ray associates, with whom I have the honor 
 to remaiu, gentlemen, your verv obedient servant, 
 
 WILLIAM H. SEWARD. 
 ■ PHILADELPHIA BAPTIST ASSOCIATION, 1864. 
 
 October 4 — The Body met, and adjourned 
 October G. During the session, Rev. D. C 
 Eddy, D. D., presented the report of the Com- 
 mittee on the State of the Country, which was 
 unanimously adopted, as follows: 
 
 Whereas, the gigantic rebellion which has, for more than 
 three years been deluging the land with fratricidal blood, 
 and sacrificing thi lives of fathers, brothers and sons, re- 
 mains unsubdued ; therefore. 
 
 Resolved, That it becomes us, on this as on every proper 
 occasion, to express our unswerving loyalty to the Govern- 
 ment, our confidence in the perpetuity of the Union, and 
 our steady adherence to the Constitution and the laws. 
 
 2. That while a single armed foe remains on our soil, or 
 a single finger is lifted against the Government of our 
 country, or a single element of treason menaces our na- 
 tional "existence, it becomes the duty of all Christians to 
 sink party considerations in a firm, hearty, united support 
 of those whom God in his providence, and the people in the 
 exercise of the elective franchise, have placed at the head 
 of the Government, and who are striving to crush the re- 
 bellion and restore tho unity of the States. 
 
 3. That whatever dire calamity may fall upon the States 
 in rebellion, however severe may be the penalties of war, 
 however bitter and heartrending the condition of besieged 
 cities and desolated communities, they only are responsible 
 who have lifted the sword of anarchy against a righteous 
 Government ; and, if they perish, their blood will be upon 
 their own heads. 
 
 4. That American slavery (never to be justified by the 
 mild, temporary, patriarchal servitude of the Old Testa- 
 ment), the enormity and brutality of which has few paral- 
 lels in the hi^t^lr_v of ages, lies at the basis of the wicked 
 attempt to overthrow thoGovernment, is responsible lor the 
 bloodshed anl ci inie of the past three years, and should be 
 held accouutaldo liefore God and man for every life sacri- 
 ficed and every drop of blood shed. 
 
 5. That no permanent peace, no lasting Union, and no 
 public safety can be expected while slavery exists; and as 
 an outlaw upon civilization, a pirate on human rights, the 
 foe of God and man, alike tho enemy of the white and 
 black, it shonld be utterly, immediately, unconditionally 
 and eiern:-.Ily blotted out, as one of the foulest stains that 
 ever rested upon any civilized bind. 
 
 6. That th>i only road to peace, and the only hope of 
 Union, lie in the subjugation of the rebellion, the exter- 
 mination of its cause, and tho overthrow of its supporters; 
 and there:o-f-, until the necessity ceases, we should welcome 
 taxation, saciilSce, and if needful, universal conscription — 
 our motto I eiug ■' First Christ's, then our country's I " 
 
 7. That, iu tiie successes which have crowned the Union 
 army, wo recognize the hand of God, who only can '' or- 
 ganize victoryl "' that our most earnest thaidisgiving bo 
 returned to Ijim, while we pray that in Ilis infinite grace He 
 will roll on f iK- tide of success, and hasten the day when 
 rebellion shall be eonquer^d, slavery abolished, peace 
 restored, the law vindicated, the national honormainlained, 
 and the spirit of Christ shall unite North aud South iu one 
 holy brotherhood. 
 
 8. That any compromise between the Government and 
 the States in rebeliion, which would revoke the proclama- 
 tion of fmanripilion, and doom again to bondage a race, 
 onehnndrel ii ii , m I . i whose suns, chid in tho uniform oi 
 therepubh : _ ; i to the r.arnage of battle, display- 
 ing a lieroi- . \v II the admiration of the nation 
 wliirh has i i; l i j ^ii; -I their manhood, and to restore 
 the flag which has nev.r given them the protection of cit- 
 is'.er.siiip, would bo so infamous as to provoke the scorn and 
 merit the denunciation of the whole Christian world. 
 
 9. That in the constitutionally-elected President of the 
 United State.s, we recognize the representative of Uni.'n, 
 Liberty and Peace, and wo cannot fail to pray thil tho 
 Government may be sustained until tho supremacy of tho 
 Constitution shall be est.iblished,and the flag of the Union 
 shall wave in peaceful triumph over every inch pf soil now 
 polluted by war and cursed by treason. 
 
 10. That we appeal, away from every human aim. to the 
 God of battles, and solemnly and unitedly invoke his gra- 
 cious aid, praying "Let God arise, let his enemies be scit- 
 tered; ht them also that hate him fiee before him. As 
 smoke is driven away, so drive them away; as wax nieltelh 
 before the fire, so let the wicked perish at the presence of 
 God." 
 
 The Moderator and Clerk were instructed to convey a 
 copy of the report to the Secretary of State of the United 
 States, a'ld also the Governor of Pennsylvania. 
 
 PESNSTLVANIA BAPTIST CONVENTION, 1862. 
 
 November 25 — The body met nt Hariit-buror. 
 
 November 26 — Rev. Dr. Lo^mis, Rev. S. G. 
 Chace, and Rev. Dr. Jeffery were appointed a 
 Committee on the State of th- Couatry, and. 
 satce day, reported these resolutions, which 
 were uaanimomly adopted : 
 
 Resolved, That this Convention, representing 40,000 of the 
 citizens of Pennsylvania, mindful iu tho present national 
 crisis of our solemn duties to our country and our God, 
 hereby declare our profound conviction of the intimate 
 relation "there is between tho cause of human liberty and 
 the cause of pure religion, and also our set purpose as 
 citizens, as Christians, and as Christian ministers, to em- 
 ploy our whole influence in supporting the supremacy o( 
 our National Constitution against all enemies whatsoever. 
 
 2. That as the institution of Slavery stands before the 
 world as the confessed feeding source of the present 
 mighty and wicked Rebellion against our National Consti- 
 tution, we most heartily approve of the President's Procla- 
 mation of Emancipation, without modification in substance, 
 and without change of time in its execution. 
 
 3. That a copy of these resolutions, duly authenticated, 
 be forwarded to the President of the United States. 
 
 PENNSYLVANIA BAPTIST CONVENTION, 1863, 
 
 October 27— The body met at Salem, Wes-t- 
 moreland county Sam? dav, M^sts. Mirick, 
 Chace, McNeill, J. W. Smi^h." Wilder, and Cra- 
 mer wero appointed a Committee on the State 
 of the Country. 
 
 October 28 — They reported resolutions, which 
 were amended so as to read as follows, an 1 
 were adopted : 
 
 Whereas, The history of Baptists is interwoven with the 
 history and triumphs of civil aud religious liberty ; and 
 
 Whereas, Our national Government grew (.ut of Bapti-<t 
 polity, exemplified by men of wii i t; ■ 'I'llllams w.is 
 the type at the North, and a littl ; , ;, near the 
 
 residence of Thomas Jefferson, II i 1 -dared ho 
 
 obtained his first ideas of Reptil li ii i. iiiment, was 
 the t3'pe at the South : 
 
 Resolved, That we shonld be derelict to our principles .is 
 Baptists, aud unworthy sons of worthy sires, if, in this 
 crisis in our existence, we withb.eld our .support, influence, 
 and sympathy from our Government. 
 
 2. That it is our duty, both as citizens and Cliristians, to 
 speak boldly, our sentiments with regard to the causes of 
 the existing rebellion, that ministers shouM speak boldly 
 on the subject, and that those who take offence at such 
 utterances are unworthy of a place in the Christian church. 
 
 3. Tluit we, the members of this Convention, as patriots, 
 as B.aptists, and a.s Christians, do express our unqualified 
 support of our National and Stiite Governments, in their 
 efforts to suppress thepresent rebellion. 
 
 4. That we have occasion for gratilu.l.^, (lint not onlv the 
 full :rr -:.'■,.■ , : - ..r:;,^,, .f ,1 ^.■.,- , ..;r,!:. , riiie Christian 
 
 5. That the i 
 accepted with 
 loyalty of the i 
 blessin'? of (id. 
 
 t!ie ball.il-lv.x shonld b« 
 God, as exhibiting the 
 evidence of thlt coutinued 
 
 made v;i! >, i \ i ; . ,.■, 
 liis rei>'i; >: ,, 
 
 Christ's ki;,„i.aji, wm 
 earth. 
 
 7. That we urge the churches throughout the Common- 
 wealth to observe tho last Thursday in November next. 
 
 lamation of Kmancipafion, 
 y.'h called it forth, and in 
 IV it, we see the progress of 
 pioclaiiu liberty to all the 
 
478 
 
 APPENDIX. 
 t 
 
 accordiDg to the recommendation of the President, as a day 
 of public Tliaiilcsgiviiig to God. 
 
 Same day — This resolution, offered by Rev. 
 J. Wheatoii Smith, was adopted: 
 
 Whereas, Rev. Joseph Smith, an enrolled delegate to this 
 body, li:is (I.t1:,i.-i1, in ,,!ir l..';iniij;, his belief that tlie Gos- 
 pel hjis m. I i : Ih.|,,x,,| anil bleeding country, and 
 
 that, ill 111- iii : , 1 r , lio liuds no place for allu- 
 
 Jiesoli-<J, iii.it v»L- i.uiinniiu our brother to a better 
 reading ol his JLiater's message, and to broader views of 
 pulpit miiiistratioii. 
 
 OHIO BAPTIST CONVENTION, 1862. 
 
 Ootober — The body met, and passed these 
 resoliuions, prepared by iiev. Dr. M. Stone: 
 
 Whereas, The powers that be are ordained of God, and he 
 that re-'iisletli the power, resisteth the ordinance of God, 
 and is threatened witli damnation ; therefore be it 
 
 Rrsfiheil, That it is our right and duty, as a body of 
 Christian citizens, in tiiese times of rebellion against our 
 beneliciiit (!u\ernnicnt, to tender our hearty sympathy and 
 support to tlio-o uho are intrusted with it. 
 
 2. That wo will a-coid a cheerful and earnest support to 
 our rulers and our armies in their endeavors to crush the 
 wicked rebellion, until that object shall be accomplished, 
 and peace and order restored; and that wo will offer up 
 our prayers and supplications daily to the Sovereign Disposer 
 of events for hi^ interposition in this behalf. 
 
 3. Thatsince theijresent terriblecivil war was begun by our 
 enemies without any just cause or provocation, for the pur- 
 pose of extending, sh-engthming, ami perpetuating the wicked 
 institution cf slavery, against the moral senseof the civilized 
 world, and though in the beginning we had no intention of 
 interfering with the institutions of the rebellious States, yet 
 the progress of the war clearly indicates the purpose of 
 God to bo the summary extinction of slavery, therefore we 
 approve the lato proclamation of liberty of our President, 
 and we will sustain him in carrying out that proclamation 
 till our oeloved country shall be purged of the accursed 
 blot, both the cause of the war and the chief means in our 
 enemy's hands of carrying it on, and will stand by our 
 country in the adoption of such further measures as may 
 be neccessary to put an end to this great rebellion. 
 
 NEW YORK BAPTIST CONVENTION, 1862. 
 
 October T — The body met in Ithaca, and 
 unanimously adopted the following : 
 
 Whereas, The civil war which was in progress in our 
 country at our last annual meeting is still in existence, 
 threatsning the destruction of our Government, with all 
 the precious interests it involves ; therefore. 
 
 Resolved, That, as a religious body, we deem it our duty 
 to cherish and manifest the deepest sympathy for the pre- 
 servation and perpetuity of a Government which protects 
 us in tlie great work of Christian civilization. 
 
 2. That, in our opinion, the history of civil governments 
 furnislies no example of more audacious wickedness than 
 is exhibited by the rebellion which h;is been inaugurated 
 against the free government framed by our fathers, and so 
 eminently in harmony with the conscious and obvious 
 rights of man. 
 
 3. That while we see, with the profoundest sorrow, thou- 
 sands of husbands, fathers, brothers, and sons falling on 
 the battle-field, considering the interests to be preserved 
 and transmitted to future generations, we cannot regard 
 the sacrifice of treasure and of life too much for the object 
 to be secured. 
 
 4. That as human slavery in the Southern portion of our 
 country is, in our judgment, the procuring cause of the 
 rebellion now raging among us, liaving been proclaimed as 
 the corner-stone of the rebellion and as the institution for 
 which they are fighting, as Christian men and citizens we 
 fully and heartily endorse the recent proclamation of the 
 President of the United Stiites, declaring forever free all 
 slaves in the rebel States on the 1st of January, 1S63. 
 
 5. Thiit the spirit of the age, the safety of the country, 
 and the laws of God require that among the results of the 
 present bloody war shAll bo found the e^itiri removal of 
 that relic of barbarism, tliat bane and shame of the nation 
 American slavery, and that the banner of freedom float 
 Miumphantly and IrullifiUly over all the land. 
 
 0. That the foregoing preamble and resolutions be signed 
 by the ollicers of the Convention, and transmitted to the 
 President of the United States. 
 
 AMEUICAN IJAPTIST MISSIONARY UNION, 1863. 
 
 May — The body met in Cleveland, and adopt 
 
 ed the following paper, reported from the Com- 
 mittee by Rev. Dr Dowling: 
 
 Whereas, The oflRcersand members of the American Baptist 
 Missionary Union, attheirlast annual meeting in May,lSu2, 
 unanimously adopted .a series of ivsolutious, characterizing 
 B war now waged by tlie iiatiumil Government to put 
 down the unprovoked and wicked icbellion that has risen 
 against it, and to establisli anew the reign of order and of 
 law, as as a most rightcons and linly one, sanctioned alike 
 by God .and all right-thinking nun;' aid also expressive 
 of their conviction that " the principal cause and origin of 
 this attempt to destroy the Government has been the insti- 
 tution of slavery: and that a (>afe, solid, and lasting peace 
 cannot be expected short of its complete overthrow;" 
 therefore, 
 
 Jir^olvetl, That the developments of tlie year since 
 elapsed, in connection with this attempt to destroy the 
 best Government on earth, h.ave tended only to deepen 
 our conviction of the truth of the sentiments which we 
 then expressed, and which we now and here solemnly 
 reiterate and reaffirm. 
 
 2. That tlie authors, aidiTs, and abettors of this slavehold- 
 ers' rebellion, in their clcs;iiiatc ilTnrts lo nationalize the in- 
 stitution of slavery and ti> c\t nd ii-i.l'>spi)tic swaythrough- 
 out the land, have theinsclvcs inlli( tid on that institution a 
 series of most terrible, and fatal, and suicidal blows, from 
 which, we believe, it can never recover, and they have 
 themselves thus fixed its destiny and hastened its doom ; 
 and that for thus overruling what appeared at fust to be a 
 terrible national calamity, to the production of results so 
 unexpected and glorious, our gratitude ard adoration are 
 due to that wonder-working God who still "niaketh the 
 wrath of man to praise Ilim, while the remainder of 
 wrath He restrains." — Psalm Ixxvi. 10. 
 
 3. That in the recent acts of Congress, abolishing slavery 
 forever in the District of Columbia and the Territories, and 
 in the noble proclamation of the President of the United 
 States, declaring freedom to tiie slave in States in rebeUion, 
 we see cause for congratulation and joy, and we think we 
 behold the dawn of that glorious day when, as in Israel's 
 ancient jubilee, "liberty shall be proclaimed throughout all 
 the laud, unto all the inhabitants thereof.' — Leviticus 
 XXV. 10. 
 
 4. That as American Christians we rejoice in the growing 
 sympathy of the enlightened portion of our Christian 
 brethren in Great Britain and other European nations with 
 the Government and people of the United States in this 
 righteous war, and that while we cordially thank our friends 
 across the water for all expressions cf tlieir confidence and 
 approval, we embrace this opportunity of assuring them 
 that, within our judgment, the Uuited States possesses 
 within herself the means, the men, and the courage neces- 
 sary for the suppression of this rebellion, aiKl that 
 while we ask no .assistance from other nations, we will 
 brook no intervention or interference with our national 
 affairs while engaged in this arduous struggle, which we 
 believe will soon be completely successful in utterly 
 suppressing and subduing this rebellion. 
 
 5. Th.at we hereby pledge ourselves as ministcTs, and as 
 Christians and patriots, to sustain the I'rcsident of the 
 United States and his associates in the administration by 
 our pr.ayers, our influence, and our personal sacrifices, till 
 this rebellion shall be subdued, and peace, upon the basis 
 of justice, freedom, and Union, shall be again restored. 
 
 LUTHERAN. 
 
 GENERAL SYNOD OF 1862. 
 
 May 1 — This body met in Lancaster, Pa. 
 
 May 6 — The Committee on the State of the 
 Country, through the Chairman, submitted this 
 Minute, which was taken up seriatim, discussed, 
 and adopted. The Committee were ; W. A. 
 Passavant, C. P. Krauth, H. II. VanJyke, E. 
 W. Ilutter, G. F. Stelliog, B. C. Suesserott, F. 
 A. Muhlenberg, B. Pope, D. Sell, II. Eggers, C. 
 Start zman, J. G. Morris, G. A Lintner, S. Phil- 
 son, W H. Harrison, A. R. Howbert, J. A. 
 Kunkelman, S. W. Harkey, W. G. Harter, H. 
 Wells, A. M. Geiger, A. Hiller : 
 
 Whereas our beloved country, after having long been 
 favored with a degree of political and religious freedom, 
 security and prosperity, unexampled in the history of the 
 world, now finds itself involved in a bloody war to suppress 
 an armed rebellion against its lawfully constitu'ed Govern- 
 ment; and whereas the Word of God, which is the sole rule 
 of our faith and practice, requires loyal subjection to -'the 
 powers that be," because they are ordained of God, to 
 
APPENDIX. 
 
 471) 
 
 be a terror to evil-dners and a praise to those who do well, 
 unil at the same time dcclires. thiiL thoy who '• resist tlie 
 puwer" shiili receive to tlieiiiselvcs Cdiideninatioii ; imd 
 •where;is we. tlie reprcscntiilivesof the Ev.inKelical Luther- 
 an S.vncids of tlie United t^tiites, cuMuectud with tlie General 
 Synod, assembled in Lancaster, 1'eiiiisylva.nia, reognize 
 it as our duty to give public expression to our convictions 
 of truth on this subject, and i.i every jwoper way to co- 
 opeitite with our fellow-citizei s in sustaining tlio great in- 
 terests of law and futhority, of liberty and righteousness; 
 be it there!' ire 
 
 lieaolved. That it is the deliberate judgment of this Syn- 
 od, that the rebellion against the constitutional Ciovern- 
 ment yf this b.nd is most wicked in its inception, unju.sti- 
 ti,;ble in its cau.<e, unnatural in its character, inhuman in 
 its prosecution, oppressive in its aims, and destructive in 
 its results to tlie highest interests of morality and religion. 
 
 id. That, in the suppression of ihi.-i rebellion and in the 
 maintenance of the Constitutio.i and the Union by tlio 
 bword, wo recognize an unavoidable nc'cssity and a sacred 
 duty, which the (Jovernment owes to the nation and to the 
 world, and that, therefore, we call upon all our people to lift 
 up holy hands 'in prayer to the God of b itt es, without 
 personal wrath against tho evil doers on the one hand, and 
 wi lumt douliting the righteousness of our cause on the 
 other, that lie would give wisdom to tho President and 
 his couns llors. aiid succ.'ss to the army and navy, that our 
 beloved laiui may speedily be delivered from treason and 
 anarchy. 
 
 3d. i'hat while we regard this unhappy war as a 
 ri.'liteons judgment of God, visited upon ue because of the 
 individual and national sins, of which we have been fiuilty, 
 we nevertheless regard this rebellion as more iminediateiy 
 the natu:al result of the coni inuance and spread of domes- 
 tic slavery in our land, and therefore hail with nnmingled 
 joy the proposition of our Chief Magistrate, which has 
 received the sanction of Congress, to extend aid fiora the 
 General Government to anv State in which slavery e.vists, 
 which ,-haU deem fit to initii:te a system of constitutional 
 eniancipaiion. 
 
 4th. that we deeply sympathize with all loyal citizens 
 and Christian patriots in the rebellious portions of our 
 country, and we cordially invite tbeir co-operation in offer- 
 ing united supplications at a 'ihrone of Grace, that God 
 Would restore peace to our distracted country, re-establish 
 fraternal relations between all the States, and make our 
 liHid in all time to come, the asylum of tho oppressed, and 
 the permanent abode of libcrly and leligion. 
 
 6th. That our devout thanks are due to Almighty God for 
 tho success which has crowned our arms, and while wo 
 praise and magnify Ilis name for the help and succor He 
 has graciously afforded our land and naval forces, in en- 
 abling them t ) overcome our enemies, we regard these to- 
 kens of Ilis divine favor as cheering indications of the iiual 
 triumph of our cause. 
 
 These resolutions were presented to Pre- 
 sident Lincoln b}- a Committee, c; n^^'sting of 
 Drs. Sternberg, Lintner, Pohlman, and Stork, and 
 H. H. Vandyke. The Chairman thus addressed 
 liim : 
 
 Mr. President: We have the honor, as a committee of 
 tho General Synod of the Lutheran Church in the United 
 States, to present to your Excellency a copy of tho pieam- 
 blo and resolutions, in reference to the state of the country, 
 adopted by that body at its late session in the city of Lan- 
 caster, Pennsylvania. 
 
 We are further charged to assure you that our fervent 
 prayers sliall ascend to the God of nations, that Divine guid- 
 ance and support may be vouchsafed to you in tho trying 
 and responsible position to which a benignant Providence 
 has called you. 
 
 With your permission the Rev. Dr. Pohlman, of Albany, 
 New York, will briefly express to you the sentiments wliich 
 animated the committee and the church they represent in 
 view of the present crisis in our national affiiirs. 
 
 The Rev. Dr. Pohlman, of Albany, New 
 York, in his speech, alluded to the fact that 
 the late session of the General Synod of the 
 Lutheran Church at Lancaster was the first 
 that had been held since the troubles in our 
 country commenced ; that the General Synod 
 represents twenty-six district synod.s, scattered 
 over the Middle, Westertj, and Soulhern States, 
 from twenty-one of which delegates were in 
 attendance; that from the States in rebellion 
 no delegates were present, except one from 
 Tennessee, who had, in praying for the Presi- 
 
 dent, avoided arrest only in consequence of the 
 fact that he conducted divine service i'l the 
 German luiguage. the vernacular of iiuxny in 
 the Lutheran Church. He further expressed 
 his deep conviction that we were grently in- 
 debted for the degree of success that h.ts 
 crowned the efforts of the Government in quel- 
 ling the rebellion to (he prayers of Chrisfans, 
 and concluded by invoking the Divine bene- 
 diction to rest on the President and on our be- 
 loved country. 
 
 REPLY OF THE PRESIDENT. 
 
 GrNTLEMEM: I welcome here tho reijresentatives of the 
 Evaiigi/lical Lutherafis of tho United States. I acce(!t with 
 gratitude their a.'^snrances .if tho sympathy and support of 
 that cnlightenoil, inlluential, and loyal class of my iellow- 
 
 .\ ). 
 
 ..N.tliia 
 nd tho 
 upon 
 u your 
 
 ancf, make ilieir prolonged national existence a source of 
 new benefits to themselves and their successors, .and to all 
 classes and conditions of mankind. 
 
 The foPowing resolutions were also adopted : 
 
 Resolved, That this Sj-nod caniiot bnt express its most 
 decided disapprobation of the course of those Synods and 
 ministers, heretofore connected with this body, iii the open 
 sympathy and active co-operation which they have given to 
 the cause of treason and insurrection 
 
 Jif.soh-id, That we deeply sympathize vrith our people in 
 the Southern States, who, maintaining their proper Chris- 
 tian loyalty, have in consequence been compelled to suffer 
 pers(!cution and wrong, and we hail with pleasure the 
 near approach of their deliverance and restoration to our 
 Christian and ecclesiastical fellowship. 
 
 LUTHERAN GENERAL SYNOD OF 1864. 
 
 May 5 — The body met in York, Pennsylvania. 
 
 May 11 — The Committee on the State of the 
 Country — consisting of W. A. Passavant, i\L L. 
 Stoever, A. Wetzel, S. Sentman, S. Secbri3.',N. 
 W. Lilly, G. A. Wenzel, J. Getty, S. L. Endress, S. 
 Yingling, F. Gebliart, D. Summers, S. Sa.yford, 
 J. K. Bloom, J. Strayer, J. T. Williams, H. M. 
 Brewer, D. J. Ilauer, C. F. lleyer, T. W. Sar- 
 gent, W. Waltman, G. Schmucker, J. I. Burrell, 
 P. Wieting— presented this Minute, which was 
 taken up seriatim, discussed, and unanimously 
 
 Resolved, That having assembled a second time, during 
 the prevalence of civil war in our land, this Synod cannot 
 separate, without solemnly reallirming the declarations, 
 .adopted at our last Convention, in refcre'ice to the origina- 
 ting cause of the rebellion, the necessity of it.s forcible 
 suppression, tho righteousness of the war which is waged 
 by the Government of the United States for tho maiutc- 
 nanceof the national life, and tho consequent duty of every 
 Christian to support it by the whole weight of his inlluence, 
 his pr.aycrs and his etforts. 
 
 Resolved, That wo acknowledge with profound gratitude 
 toAlniightyGod,the various and important siipci-ses which 
 have thus far crowned our arms: tlic lu.rciful interposi- 
 tion of Providctice in delivering us from the invasions of 
 tho enemy, and in protecting oiir homes, our churches, and 
 our institutions from the desolations of war; and tho cheer- 
 ing progress which has been made by the Government and 
 the nation, in the recogniiion of the laws of (Jod and the 
 
480 
 
 APPENDIX. 
 
 tiglitsofman, in tbomeasures which have been adopted for \ 
 tlie 8iippiessioii uf the rebellion. i 
 
 Resolve i, That recoguiziiii; tlie suffeiinps and calamities 1 
 of war, as the ritrbteous jud^uieat of a just God, visited 
 upon us for our transgressions, we call upon our pastors 
 end chuichea to unite with us in the con!cssion of our 
 many and grievous individual and national sins, anil infer 
 ■vent supplications for the Divine forgiveness, that as a peo- 
 ple we may break off sins by righteousness, and du justly, 
 love mercy, and walk humbly with God. 
 
 Resolved, That as perr-istent efforts are making among us, 
 by professedly Christian writers, to prove fr.im Iho Holy 
 Scriptures the divine institution of American slavery— the 
 principal cause of this wicked rebellion — we, the delegates 
 of the Genei al Synod of the Evangelical Lutheran Church 
 in the United States, hereby express our unqualifie 1 con 
 demnation of such a course, which claims the sanction of 
 the merciful God and Fath ^r of us all for a system of hu- 
 man« oppression, which exists only by violence, under 
 cover of iniquitous laws. 
 
 On the last resolution the yeas and nays were 
 called, and were : 
 
 Ayes — Clerical: R. Adelberg, Peter Anstadt, A. Axline, 
 
 C. Baird, J. B. Baltzly, Gottlieb Bassler, Henry L.Baugher, 
 
 D. D.. Wm. M. Baum, Peter Bergstresser, J. K. Bloom, V. 
 
 F. Bolton, G. A. Bowers, H. M. Brewer, J. I. Burrell, J., 
 Grouse, George Diehl, D. D., Michael Diehl, S. Domei, 
 J. 0. Duy, Daniel Garver, L. Gerhard, J. W. Goodlin, 
 Simeon W. Harkey, D. D., William H. Harrison, D. D., 
 
 C. F. Heyer, Reuben Hill, William Hull, Michael Jacobs, 
 
 D. D., James R. Reiser, W. Kopp, J. A. Kunkelman, 
 N. W. Lilly, A. U. Lochman, D. D., A. P. Ludden, 
 
 G. Neff, R. Neumann, G. B. Ort, W. A. Passavant, D. D., 
 John K. Plitt, U. N. Pohlman, D. D., Peter Rabv, P. 
 Rlzer, P. Sahm, T. W. Sargent, S. Sayford, W. N. Sclioll, 
 
 E. Schwartz, S. Sechrist, J. Z. Senderling, S. Sentman, 
 M. Sheeleigh, S. Spree ler, D. D., D. Steck, T. Stork, D. D., 
 D. Summers, J. Swartz, J. W. Swick, S. H. Swingle. T. T. 
 Titus, A. Uebelacker, N. Van Alstine, W. Waltman, A. C. 
 Wedekind, H. Wells. A. Wetzel, P. Wieting, P. Willard, 
 G. W. Wilson, S. Yingling. H. Ziegler, D. D.— 72. Lay: J. 
 Angstadt, P. Bishop, H. E. Breckbill, M. Buehler, P. Burket, 
 J.J.Cochran, S. L. Endress, J. R. English, David Fahs, J. (1. 
 Fleck, F. Gebhart, J. Getty, M. Gillett, J. Haas, Wm. M. 
 Kemp.D. Koons, D. Kraber, Hon. (has. Kugler, G. W. Leiseii- 
 ring, J. P. Lilly, A. McFadden, J. A. Miller, J. G. Minnich, 
 P. U. Moore, C. A. Morris, A. F. Ockershausen, W. Pepple, 
 M. Plank, P. A. Shindler, O. Schmucker, A. Schock, J. G. 
 Schultz, J. Shawber, J. Soliday, .^L L. Stoever, J. Strayer, 
 J. Teatsorth, D. J. Tritle— 37. Total— 109. 
 
 Absent — Clerical: J. Boetticher, William Caldwell, J. 
 B. Crist, S. Curtis, D. H. Focht, D. J. Hauer, D. D., Wm. 
 Hunt, L. D. JIaier — 8. Lay: P. S. Blackwelder, J. Comp, 
 J. J. Culler, P. Emerick, J. Hamilton, J. B. Hileman, U. 
 K. Ho-\ie, v. Hummel, Jr., J. Jordan, J. A. Lawrence, J. 
 Loats, II. C. Peters, J Plank, E. Roessler, J. G. L. Sohiudel, 
 A. K. Seem, J. J. Sipperly, C. Yeager— 18. Total— 26. 
 
 There are several Synods not in connection 
 with the General Synod. No one has taken 
 action adverse to that of the General Synod, 
 
 CONGREGATIONAL. 
 
 GENERAL ASSOCIATION OF NEW YORK, NEW JERSEY, 
 AND PENNSYLVANIA, 18G4. 
 
 The General Association of the Congrega- 
 tional Ministers and Churches of New York 
 has connected with it about twenty churches in 
 New Jersey and Pennsylvania. At the meeting 
 in September, Rev. Dr. Thompson, from the 
 Committee on the State of the Country, re- 
 ported a set of resolutions, which were adop- 
 ted unanimously by a rising vote, given with 
 much enthusiasm, and Drs. Thompson and 
 Budington were appointed a committee to lay 
 them before the President of the United States. 
 Rev. H. G. Ludlow led in prayer of thanksgiv- 
 ing for the unanimity and spirit evinced. The 
 resolutions are as follows: 
 
 RESOLLTTIONS ON THE STATE OF THE COUNTRY. 
 
 1. That the signal victories which have crowned our 
 arms, followiugso close upon a. season of darkness and hu- 
 miliation, call for prtisent gratitude to Almighty God, who 
 hatli regarded tho confessions and supplications of lli.s peo- 
 
 ple, and in the midst of righteous judgra Mits ! ath remem 
 bered mercy. 
 
 2. That amid the rejoicings of victory which kindle our 
 devotion; and give tone to our prai-^es, still having in re- 
 niorabnim-e the sins that have brought upon the nation tlie 
 sufferings and sorrows of war, we will not cease to watch 
 
 I to labor against the reviving of these iniquities with 
 tho prospect ot peace, and will pray that this overflowing 
 scourge may sweep them utterly away. 
 
 i. That, lis the momentous issues of this long and deadly 
 contest are approaching their solution in a combined etrng- 
 glo in the field and at the polls, we will sustain with our 
 votes t lie brave and noble men who are defending our liber- 
 ties with their lives, and will animate our fdlow-citizens, 
 by every consideration of religious hope and duty, of devo- 
 tion to country and to liberty, to make the decision of the 
 people on the 8th of November next final anil fatal to the 
 hopes of traitors in arms and conspirators in political coun- 
 cil. 
 
 4. That our hopes for the preservation of our liberties a 
 nation, and for the complete emancipation of the African 
 
 race in the South, depend, under God, ui;on sustaining tho 
 Government in upholding the integrity of the Union, 
 through all the trials and doubts and disasters of the war, 
 and in that policy which loolis to " the abandonment ot 
 slavery" as the condition of permanent union and peace. 
 
 5. That, while we solemnly pledge ourselves before God 
 to fill up, in our mea.sure, that which is behind of suffering 
 and of sacrifice for the redemptiim of the nation, and with 
 unfaltering purpose to sustain the Government in subjuga- 
 ting the rebellion, we will pray day by day for th'e coming 
 of peace, untarnished by concession to treison or by com- 
 promise with wrong and established injustice, in liberty 
 and unity forever. 
 
 JOSEPH P. THOMPSON, 
 RAY PALMER, 
 RICHARD OSliORN, 
 DAVID IIUESTIS, 
 THADDEUS S. HOYT, 
 L. SMITH HOBAPtT, 
 H. M. DIXON, 
 
 CommiUee. 
 
 CONGREGATIONAL CONFERENCE OP MASSACHU- 
 SETTS, 1864. 
 
 September 13 — The conference met at Fall 
 River. 
 
 September 14 — The report of the Committee 
 on the State of the Country — Andrew L. Stone, 
 D. D., Rev. Joshua W. Wellman, and Rev. 
 James H. Merrill — was unanimously adopted as 
 follows : 
 
 Resolved, That without one feeling either of despondency 
 or of impatience, we watch the progress of the armies of 
 the Union in putting down the most criminal rebellion the 
 world ever saw; without despondency, for we believe 
 God is on our side, and will give us in due time full and 
 crowning success, and without impatience, for we have 
 been instructed to interpret hopefully these divine delays, 
 and have seen the issue ever widening and embracing 
 more and more radical and precious revolutions ana de- 
 liverances. 
 
 Resolved, That there can be no effectual re-establishment 
 of the national authority by any negotiation which confes- 
 ses the inability of tho Government to subdue rebellion by 
 force of arms, and proposes terms of peace to rebels still 
 flyiog the flag of defiance. 
 
 Resolved, That the chief hope of rebellion is in the sym- 
 pathy and distraction of a divided North, and that the 
 surest and shortest way to peace is not to recall our armies 
 and to relax our grasp upon the enemy, h\K to present a 
 united loyal front, and an unconquerable dc'.crminatiou to 
 prosecute the war till tho power of the Government meets 
 no longer with armed resistance. 
 
 Resolved, That we rejoice in the recent victories won by 
 our arms on the land and on the sea, as al once revealing 
 the skill of our commanders, and the valor and endurance 
 of our soldiers and sailors, and exhibiting evidence of 
 (.'otl's gracious purpose to guide our marches and to give 
 final victory to our cause. 
 
 Resolved, That the docility and industry, the discipline 
 and heroism of tho thousands of emancipated slaves, 
 whether in scenes of peaceful labor or wearing tho uniform 
 of tlie national soldier, assert ilioir claim lo all the ele- 
 ments of a noble manhood, and the increased respect and 
 confidence of all tho friends of their race ; and ihat we are 
 moved to regard them with a more tender sympathy, to 
 make them a subject of special prayer, aud to do for thcta 
 whatever is in our power. 
 
APPENDIX. 
 
 481 
 
 Resolved, That we rejoice in the wide blossoming and 
 barvestiug ol" that public charity, by wliicb sucli streams 
 of treasure aucl so many products of industry Lave been 
 contiibutod to the comfort and relief of our s<jldiers in 
 the camp, the prison-house, the hospital, and tlie field; 
 and in the personal labors of so many Chrisl-an men and 
 women in bearing those material coniforls to the beloved 
 objects, and leading so many souls to Christ. 
 
 Resolved, That we believe it is the duty of Christian 
 ministers to set forlh by some approiuiato public teaching 
 the importance of th.; great principles at huzard in the im- 
 pending and progressive political strugt;le, which is to issue 
 in the choice of our national administration iu such an 
 eventful cns.s of our national life. 
 
 CONFERENCE OF MAISE, 1864. 
 
 June 21 — The body met in Sen.r?port.. 
 
 Sam;- (i.iy — TheCommit'ee on the Slate of the 
 Couutry— Rev. Wooster Parkfr, Rev. A)fi\d E. 
 Ives, Kev. Henry F. H irding. Rev. .Joseph 
 Smith, and Bro. Eben. Steele — made this Re- 
 port, which was unan'mously adopted: 
 
 Resolved, Tbat in the terrible visitation of domest c war, 
 we recognize the rod of God's chasiisemeut for our mani- 
 fol J sirs ; and in its fearful and prolonged evils, a soUmn 
 admonition to humble ourselves under his mighty hand — 
 to seelc His merey, and to rely on Divine help lor a happy 
 issue of our national trouble. 
 
 2. That with devout gratitude we recognize God's hand 
 in so ordering the course of events as to lead us to hope, 
 With increasing confidence, that slavery will be utterly 
 annihilated. 
 
 3. That we re-affirm our confidence in the general policy 
 of the National .Administration, and more than ever fool it 
 our duty to give the government a cordial and earnest sup- 
 port in thoroughly suppressing the rebellion, and restoring 
 the Union on the hasis of liberty. 
 
 4. That as slavery has so deeply corrupted and dis- 
 honored our Christianity, and imperiled the life of tho 
 nation, the time has now fully come when Christian patriot- 
 ism and fidelity to the gospel demand that it should be 
 allowed no toleration, no shield or lurking place in any 
 Christian church. 
 
 6. That in common with our noblest patriots and 
 purest statesmen, we feel it our duty to lend our ear- 
 nest and utmost influence to secure such a judgment of the 
 people, and such an amendment of the Constitution, as 
 shall extinguish and prohibit slavery in tho land forever. 
 
 6. That the care of the Freedmen — a class so long and 
 deeply wronged — so numerous, so poor, so ignorant, and 
 yet so loyal; so auxioos for education and elevation, and 
 so capable of becoming good citizens and important co- 
 laborers in the kingdom ol Christ, call for the benevolent 
 action of Christians and philanthropists of this land with 
 unsurpassed urgency and promise of gnod. 
 
 7. That we recognize with grateful admiration the patri- 
 otic self-sacrifice and heroic valor of our fellow-citizens and 
 brethren who in the army and navy are struggling for our 
 nationality, and for all the precious interests involved in it; 
 that we deeply sympathize with them in their privations 
 and sufferings, and with their often bereaved friends and 
 kindred ; that we bless God for the wonderful work of His 
 grace among them, and for the succor and salvation the 
 g"spel has brought them ; that we pledge ourselves to 
 stand by them/or the war, by our labors, and contributions, 
 and prayers, doing what we can alike for their temporal 
 and spiritual well-being. 
 
 Similar resolutions were passed by all the 
 State Congregational Bodies. There is no 
 Central Organization to represent the church. 
 
 REPLY OP PRESIDENT LINCOLN TO THE RESOLU- 
 TIONS OF THE GENER.\L CONVENTION OF THE CON- 
 GUEG.ITIONALISTS OF VERMONT. 
 
 DEP.4RTirE.NT OF STATE, Washin'gto.v, July 11, 1862. 
 To Rev. Clark E. I"^rrin, M derator, rfc; 
 
 Sir : I h;ive tho honor to acknowledge the reception of your 
 note of the 23d of June, accompanied by a copy of resolu- 
 tions which were unanimousy adopted by the General 
 Convention of Congregational ministers and churches re- 
 cently assembled at Norwich. In compliance with your 
 request, these resolutions have been submitted to the Pres- 
 ident of the United States. 
 
 I am instructed to express his cordial thanks for the as- 
 surance of contidcrice and support thus tendered to him by 
 a body so deservedly respected and widely influential as 
 the Congre^'ational church of Vermont. 
 
 Th"! President is deeply impressed by the fervent and 
 hopelul patriotism and benevolence which pervaue the res- 
 olutions. It is the Union and the Constitution of this coun- 
 try which are at stake in the present unhappy stiile ; but 
 that Union is not a mere stringent political band ; nor is 
 Uiat Constitution a lifeless or spiritless political body. The 
 Union IS a guarantee of perpetual peace and prosperity to 
 the American people, and the Constitution is the ark of civil 
 and religious liberty for all classes and conditions of men. 
 
 Who that carefully reads the history of the nations for 
 the period that this republic has existed under this Consti- 
 tution and this Union can fail to see and appreciate the in- 
 fiuonce it has exerted in ameliorating the condition of man- 
 kind ? Wlio that jostly appreciates that influence will 
 undertake to foretell the misfortunes and despondency 
 which must occur on every continent should this republic 
 de.^ist all at once from its auspicious career, and be re- 
 solved into a confused medley of small, discordant, and 
 contentious States? The duty of the christian coincides 
 with that of the patriot, and the duty of the priest with thai 
 of the soldier, in averting so sad and fearful a consumma- 
 tion. 
 
 Be pleased, sir, to express these sentiments of the Presi- 
 dent to the reverend gentlemen in whose behalf you have 
 addressed me, together with assurances of profound re- 
 spect, with which I have the honor to be their humble ser- 
 vant, 
 
 \nLLIAM H. SEWARD. 
 
 REPLY OF THE PRESIDENT TO THE RESOLUTIONS OF 
 THE CONGREGATIONAL WELSH ASSOCIATION OF 
 PENNSYLVANIA. 
 
 Department op State, Washington, October 6, 1862. 
 To the CorKjre^alional Welsh Association of Pennsylvania : 
 
 Reverend Gextlemen : I have had the honor to receive 
 the resolutions which you have adopted; and, iu compli- 
 ance with your request, I have submitted them to the con- 
 sideration of the President of the United States. 
 
 The President entertains a hvely gratitude for the assu- 
 rances you have given him of your loyalty to the United 
 States, and your solicitude for the safety of our free insti- 
 tutions, the confidence you have reposed in him, and your 
 sympathy with him iu the discharge of responsibilities 
 which have devolved upon the Government. The President 
 directs me to assure you that whenever the Constitution of 
 the United States leads him in that path, he will move as 
 steadily as shall be possible, rejoicing with yourselves 
 whenever it opens the way to an amelioration of the condi- 
 tion of any portion of our fellow-men, while the country is 
 escaping from the dangers of revolution. 
 
 The Pres-ideut is deeply touched by your sympathies 
 with those of our fellow-citizens who suffer captivity or dis- 
 ease, and tho grief with which you lament those who fall 
 in defence of the country and humanity; and he invokes 
 the prayers of all devotional men that these precious Buf- 
 ferings may not be altogether lost, but may be overruled 
 by our heavenly Father to the advancement of peace oa 
 earth and good will to all men. 
 
 I have the honor to be, reverend gentlemen, your obe- 
 dient servant, 
 
 WILUAM H. SEWARD. 
 
 CONGREGATIONAL WELSH ASSOCIATION OF PEKN- 
 SYLVANIA, 18G4. 
 
 October — The Association met in Pittsburg 
 and Brady's Bend, and passed these resolutions : 
 
 1. That we are highly grieved hy the continuance of the 
 Rebellion agaius^t our Government, and the inhuuiau treat- 
 ment of our galliiiit soldiers by the enemy, into whoso 
 hands they uniurtunately foil as "prisoners ol" war— a treat- 
 ment which is without any model for its cruelty iu all his- 
 tory of war. 
 
 2. That we acknowledge the goodness of the Most High 
 in the great success that has fo lowed the arms of our army 
 and navy in their contests with the enemy; we feel that 
 the Lord hath iu vested* them with unusual energy and 
 courage, and that we shall look to Him lor the same suc- 
 cess iu the luture. 
 
 3. That wo feel grateful to tho Almighty for His patron- 
 iige to the President of our country in protecting his person, 
 and most of all for the wisdom and discretion with which 
 he hath been pleased to invest him, and also for prospering 
 his measures to sjch an extent. 
 
 4. That wc humbly request his Excellency, the Presi- 
 dent, to use all the strength of the Government as the most 
 efliieient measure to subdue the rebels, and that no concili- 
 ation shall be offered by any gentle and tender means, for 
 that would only continue tho rulellion. 
 
 5. That we heartily rejoice in the bright light that radi- 
 ates forth in the platform of tbe Baltimore Coavealion in 
 
482 
 
 APPENDIX. 
 
 regarfi to the extension of liberty, and the entire abolition 
 •f human bondage. 
 
 6. Tuat we ctuigratiilato all the friends of liberty on th" 
 great victory gained by freedom in Maryland, being a free 
 constitiUion was adopted by the people of that State. 
 
 7. That we shall endeavor to secure the re-dsction of 
 ♦ •rilnitr- l.innlu lo the Presidency of our country, as the 
 rfpreseutative of the great priiicipleB of human liberty and 
 equality. 
 
 D. R. DA VIES, President. 
 John E. Jones, Secretary. 
 
 GEKMAN REFORMED. 
 
 yENNSTIiVANIA OEKMAN REFORMED SYNOD, 1863. 
 
 November — The body met at Pittsburg, and 
 unanimously passed this resolution : 
 
 Resolved, That, in conformity with the admonition of 
 the Holy Scriptures, and in imitation of the example of 
 our ecclesiastical fathers dnring the period of the Revolu- 
 tion, this Synod admonish the pastors and members of the 
 churches under its care, to remember that the powers that 
 be are ordained of God, and that it is the solemn duty of 
 all Christians, enjoying the protection of such civil rulers, 
 to pray for them, and we should feel especially obligated 
 to do so during a time of peril like that through which our 
 beloved country is now passing. 
 PENNSYLVANIA GEKMAN REFORMED SYNOD, 1864- 
 
 Jlay — The body met in Reading, and passed 
 these resolutions : 
 
 Resolved, That this Convention deems it right and pro- 
 per to give expression to the unfaltering devotion with 
 which the German Reformed Church in the United States 
 has hitherto sustained the cause of our common country, 
 and we earnestly urge upon our clergy and laity to con- 
 tinue to labor and pray for the success of the Government, 
 in its efforts to suppress the existing rebellion, and to 
 restore peace and union. 
 
 2. That we deeply sympathize with the brave soldiers 
 and sailors who are enduring the dangers and privations 
 of the military service, and we earnestly invoke the bless- 
 ing of Almighty God upon them, and the patriotic endea- 
 vors to uphold the honor of the national flag and the in- 
 tegrity of the Government. 
 
 The resolution of 18G3, above quoted, was 
 reiterated by the Synod of the Church in the 
 United States, at its Annual Session in Lan- 
 caster, October, 18G4. 
 
 Like resolutions were passed by other State 
 Synods. 
 
 REFORMED PROTESTANT DUTCH. 
 
 GENERAL SYNOD OF THE REFORMED PROTESTANT 
 DUTCH CHURCH, 1863. 
 
 June — The Synod met in Newburgh, N. Y. 
 The Report of the Committee on the State of 
 the Country — Revs. Charles Wiley, J. H. Suy- 
 dam, C. G. Vanderveer, and Elders C. Dusen- 
 berry, and E. Andrews — was adopted, as 
 follows : 
 
 Whereas, It is the duty of the Church of Christ, and of 
 all those who minister at her altar.", agreeably to the 
 teachings of the Scriptures, and tlio injunctions of our 
 standards and formularies of doctrine and worship, to 
 yield at all times a cordial support, both by precept and 
 example, to the legitimate Government of the land; and 
 whereas this duty is especially incumbent at a period when 
 the GovBrnmont is iissailed by aruu d violence and insub- 
 ordination, and its very existence and integrity are sought 
 to be subverted by a powerful a§d persevering rebellion ; 
 therefore, 
 
 Resolved, 1. That we tender to the Government of the 
 United States, and those who represent it, the renewed 
 expression of our warmest and deejiest sympathy in its 
 prSent protracted struggle to maintain its lawful authori- 
 ty and to preserve unbroken the integrity and union of 
 these States. 
 
 2. That we hold it to be our imperative duty as ministers 
 of the Gospel and members of the Synod, while abstaining 
 from all unseemly mixing up of ourselves with mere party 
 politics, in our own appropriate sphere and by every possi- 
 ble means to strengthen the hands of the Government at 
 the present imminent crisis, wherein are put at stake the 
 national life and the noblest example and experiment of 
 
 constitutional government the world has ever seen; and 
 that we will yield acordial support to all such measures, not 
 incfimpatible with the great law of righteousness, as may be 
 necessary to suppress the existing rebellion and to assert 
 the complete authority of the Union over all proper terri- 
 tory anil domain. 
 
 3. That we will hail with satisfaction the earliest practi- 
 cable period for the introduction and establishment of a 
 salutary peace — a peace founded on the full ascendancy of 
 law and rightful authority, and guaranteed in its perma- 
 nency by the removal or the sufficient coercion and re- 
 straint of whatever causes tend necessarily to imperil the 
 existence of the nation and to endanger the preservation 
 of the Union ; and until such a peace can be obtained, we 
 hold it to be a sacred duty to ourselves, our children, our 
 country, the Church of God, and also to humanity at 
 largu, to prcisecute to the last a war forced upon us by an 
 imperative necessity, and waged on our part not in hatred 
 or revenge, but in the great cause of constitutional liberty 
 and rational self-government. 
 
 4. That we recognize devoutly (fcr dependence upon God 
 for a happy issue and termination to our present troubles; 
 that we accept with profound humility and abasement the 
 chastisements of His hand ; that we make mention of our 
 deep uiiworthiness and sin; and that we endeavor, by 
 continual searching, repentance, and careful walking he- 
 fore God, to conciliate the Divine favor, so that ere long 
 His heavy judgments in our national calamities may bo 
 removed, and a restoration may be accorded to us of the 
 blessings of peace, fraternal harmony, fraternal union, and 
 established government. 
 
 The Synod directed the following resolutions 
 to be added to the Report of the Committee : 
 
 Resolved, That we view with admiration and gratitude 
 those noble men, our sons, brothers and kindred, who have 
 periled and saeriflced their lives in the present crisis in the 
 cause of the country ; that we follow them to the camp 
 and to the fields with our warm sympathies and prayers; 
 that we pledge to them our exertions to relieve their 
 sufferings, and to smooth, as far as may be, the rough ex- 
 perience of war; that wo honor them while they live, and 
 cherish their names and memory when they die; and 
 esteem these remembrances and respects the smallest 
 return we can make for their personal sacrifices in tha 
 great cause of Constitutional liberty, and enlightened and 
 national self-government. 
 
 Resolved, That a copy of the above resolutions be pre- 
 sented by the President of the Synod to the President of 
 the United States. 
 
 GENERAL SYNOD OF THE REFORMED PROTESTANT 
 DUTCH, 1864. 
 
 June — The body met in Schenectady; and 
 the reptirt of the Committee on the State of the 
 Country— Rev. R. D. Van Kleek, J. Forsyth, 0, 
 E. Cobb, and Elders T. Jeremiah, and Pi. N. Per- 
 lee — was unanimously adopted, as follows . 
 
 In view of the duty to recognize the powers that be, as 
 ordained of God, to render unto Csesar the things that are 
 Cajsar's ; to pray for all men, for all that are in authority, 
 that we may lead a quiet and peaceable life in all godli- 
 ness and honesty, and to acknowledge and adore the pro- 
 vidence (if God, especially in trying and perilous times, 
 
 1. That the General Synod of the Reformed Dutch 
 Church heartily sympathizes with the government of the 
 United States in its efforts to crush rebellion against its 
 rightful authority, and to restore to this now distressed 
 people their oncecherished integrity as a union of states. 
 
 2. This Synod gives thanks to God for all the successes 
 which have attended the cftorts to suppress this rebellion ; 
 and for all the encouragementsi to hope that peace may 
 soon be restored. Anil we trust that our sense of gratitude 
 to liim, the author of all good, may not be impaired by an 
 acknowledgment of inexpressible and incalculable indebt- 
 edness to the tens of thousands of our fellow citizens, who 
 have devoted their property and their labors, sacrificed 
 their comforts and their lives, and given up their loved 
 ones in our defence and tor the salvation of their country. 
 May God bless them with stich rewards as He only can 
 give. May He especially grant His grace, mercy, and 
 peace to the sick, the wounded and the dying. 
 
 3. Inasmuch as all success depends on the favor of God, 
 and can bo l-.oped for only through His conti-olling influ- 
 ence upon the hearts and His blessing upon the efforts of 
 the people of our land, our Synod will not cease to pray, 
 and it earnestly urges the Churches inider its care that 
 they cease not to pray for repent.ance and forgiveness of 
 all our sins, whether national or otherwise, for the gift of 
 wisdom to our counselors and rulei-s, skill to our rcu.- 
 uuiuders, couruijo to our soldiers, and grace to all the \e<y 
 
APPENDIX. 
 
 483 
 
 pie, to the end tliat success may attend onr arms, our 
 goveiumcnt be ma,hitained. and peace m.ike its permnneut 
 abode in the land, if God please, never juoro to bo dis- 
 turbed. 
 
 4. In treating of the present state of our country, we 
 cannot lose sij^lit of the acknowledged principal cause of 
 this deplorable rebellion, lu tinv past, the General Synod 
 has not deemed it necessary to give forth a judgment in n;- 
 gard to tlie system of American slavery, inasmuch as it 
 existed in regions l)eyoud the bounds of our Church ; yet, 
 as iu the overruling I'rovidence of that God who knows 
 how to make the wratli of man to praise Him, there is a 
 prospect opened for the ultimate and entire n^moval of that 
 system which embodies so much of moral and social evil, 
 and as by such removal there is opened a wide field of 
 Clnistian labors to employ the energies of the Christiiin 
 Churcli in this laud, the Synod e.\pre.--ses its gratitude to 
 God for this bright prospect, and would join in the prayer, 
 that the day may be hastened when liberty sliall be ell'ec- 
 tually and finally aroclijimed throughout all the laud, to all 
 the iuhabitiinls thereof. 
 
 MORAVIAN. 
 
 18G1, M ly 30— The Sytiod of the Moravian 
 Church adopted the f'oll.iwing resolutions : 
 
 RESOLUTIONS UPON THE STATE OF THE COUNTRY. 
 
 Whereas, We, the Provincial Synod of the Moravian 
 church of the Northern District of the United States, now 
 assembled at Litiz, Lancaster county, Pennsylvania, feel it 
 to be just and proper, that, in common with our brethren 
 of other religious denominations, we should express our 
 deep interest in the present unhappy and gloomy condition 
 of our once happy and prosperous country ; inasmuch as 
 it is a duty enjoined upon us by the Head of our church, in 
 the connnandment " to render to Caesar, the things that 
 are Caesar's, and to God, the things that are God's ;" — there- 
 fore 
 
 Jfesnlved, 1. That, while, as citizens of the United States, 
 and as members of the Moravian church, we deeply deplore 
 the calamity of civil war iu our land, we acknowledge the 
 chastening hand of God, and humbly bow to the decrees of 
 Him, who holds the destinies of nations iu his hands. 
 
 2. That, while wo acknowledge, and submit to that Pmver, 
 we also acknowledge " the powers that are ordained of God" 
 over us, and therefore (leclare our continued, faithful, and 
 unabated allegiance to the governmentand the constitution 
 of the United States, and of the several States of which we 
 are citizens. 
 
 3. That in acknowledging our constitutional government, 
 and the liberty and blessings which we have been permit- 
 ted to enjoy under it, we, as members of the Moravian 
 church, deem it our duty to extend to it, our hearty sup- 
 port in its efforts and measures to uphold the constitution, 
 to maintain the integrity of these United States, and to 
 perpetuate to ourselves and to our children, tbe liberties 
 and blessings of our republican institutions ; so that we, as 
 a church, "may continue to lead under them a quiet and 
 peaceable life in all godliness and honesty." 
 
 4. That wo will continue to unite in ardent prayer, that 
 the Lord may grant unto the government of the United 
 States, in these times of danger. His gracious counsel, and 
 continue to be the gracious Protector of these United 
 States, and of our national constftution ; that He may de- 
 feat every evil design against us, and continue to show His 
 tender mercies unto these United States as in days past; 
 that He may in his tender mercy stop the effusion oi' human 
 blood, and make discord and war to cease ; and that to 
 this end. He may put into the hearts of all citizens of these 
 United States, thoughts of peace, that we may see it soon 
 established, to the glory of his name. 
 
 5. That we will in our prayers, also remember those, 
 who, in obedience to the call of their counti-y, have left 
 their families and homes, and are gone forth to protect our 
 insulted flag, and in support of our constitution and laws 
 — that the Lord of Hosts may strengthen and uphold them, 
 and iu the hour of distress, especially when in the arms of 
 death, prove to them their only trust and consolation : and 
 that He may comfort and dry the tears of parents, of bro- 
 thers, of sisters and of friends, and protect the widows and 
 fatherless children of those who, by His Divine dispensa- 
 tion, sacrifice their lives in the cause of our beloved 
 country. 
 
 1864 — June 3 — In session at Bethlehem, 
 Pennsylvania, it adopted the following on 
 
 THE STATE OF THE COUNTRY. 
 
 1. That this Synod is profoundly impressed ^fith the 
 peculiar character of the fearful and bloody war, now 
 raging in and desolating large portions of our lieloved 
 country, as an awful and deserved judgment of Almighty 
 lod upon our people. 
 
 2. That this Synod regards it as clear and unquestionable, 
 that African slavery as it now existjf in the Southern States, 
 and as formerly connived at by the nation at large, is the 
 primary cause of this war, not only in hiiving generally led 
 to it, but in being a great moral wrong, on account of 
 which, in connection with other heinous sine,, such aa 
 covetousness. pride, i ntemperance, profanity. Sabbath-break- 
 ing, and the cruel and heartless conduct of our people in 
 their treatment of the aboriiiines of our land, largely pre- 
 valt^nt iu our country, God is visiting the naflou with His 
 judgmeuts. 
 
 3. That tliis Synod recommend to our churches and peo- 
 ple a humble confession and hearty repentance of thefe 
 and all other sins of wldcli we are guilty, that the judg- 
 ment wliioh has overtaken the nation may be speedily re- 
 moved, and peace and prosperity restored to our beloved 
 country. 
 
 4. That this Synod emphatically deprecates that inter- 
 pretation of tbe Word of God, almost uiiiver»al in the 
 Siiulli, and slill laifj-ely jirevalent in the North, by which 
 tbe Sciiptures of Trutli are sought' to be perverted "into hm 
 instruiHciit of oppression, and the pure, sweet wine of the 
 Gospel changed into gall and wormwood. 
 
 5. That this Synod considers an' earnest support of the 
 Constituticm and Laws, which, in God's providence, have 
 come down to us from our forefathers, as well as an earnest 
 support of the General and State Governiiiciiis iinl r ilii:]i 
 — a religious duty ; and that we, of this Syn 1. h i i \ . \- 
 press our willingness to render the constilul'il uuliiuMli.-i 
 of our land all the aid in our ..ower to subdue iii)ri;Aiiteiius 
 rebellion, and extend the right* il authority of the Govern- 
 ment over every portion of our country. 
 
 PROTESTANT EPISCOPAL. 
 
 GENERAL CONVENTION OF THE PROTESTANT EP1.-4- 
 COPAL CHtlRCH IN THE UNITED STATES, 18G2. 
 
 October 1 — The body met in New Yorlc. 
 
 October 4 — Rev. William Cooper Mead, D. 
 D., of Norwalk, Rev. Edward Y. Higbee. D. b., 
 of New York, Rev. William D. Wilson, D. D , 
 of Geneva, Rev. Silas Totlcn, D. D , of Iowa 
 City, Rev. T. C. Thrall, of liurlington, N. J., 
 and Messrs. Robert G. Winthrop, of Boston, 
 Wa'^hiugton Hunt, of Lockport, John N. Cou- 
 ynghani. of Wilkesbarre, and Ch rles B. God- 
 dard, of Zanesville, were appointed a Commit- 
 tee on the State of the Countiy and the Church ; 
 to whom weie referred these propositions : 
 
 By Mr. F. R. Brunot, of Pennsylvania : 
 
 Whereas, It has plca.scd the Supreme r.uhr of the uni- 
 verse to permit sedition and privy ciu.-i.iiMiv in our midst 
 to culminate in an extensive relirlli.,ii j;.r:iiii-t the civil 
 power ordained by Him, and for the just inniisbmeiit ol 
 our sins there is war in our land, Iri ad a , uii-t friend, 
 brother against brother, son against talliir: ;,ii. I whereas, 
 a portion of our brethren of the Church ba. .■ an.-mpted to 
 sever by ecclesiastical enactment-; tli^ viii.le bonds of 
 Christian sympathy heretofore existing between us and 
 them, thereby grievously rending the body ol' Christ in 
 His Church ; and whereits, wo acknowledge that there is 
 no hilp but from God, and rejoice that we are permitted 
 to fly to Him for succor iu our sore distress", therefore 
 belt 
 
 Kesolred, That the House of Bishops is hereby reqtiested 
 to set forth for the use of this Convention during its pre- 
 sent session a special form of prayer, (xmfessing and be- 
 wailing our manifold transgressions, pleading for God's 
 forgiveness, begging that it may please lliia m be the 
 defender and keeper of our national Government, giving it 
 the victory over all its enemies; that Ho will abate their 
 and our pride, assuage their malice and confound their 
 devices, and, giving them better minds, forgive them for 
 the evils they have wrought; that He will restore our 
 national Union, bring back peace and prosperity to the 
 State, and godly unity to the Church, and that He will 
 keep us thereto by His perpetual mercy, to the honor and 
 glory of His name. 
 
 This was laid on the table by this vote : 
 Of the Clergy — ayes, 15; nays, 5; divided, 1. 
 Of the Laity — ayes, 11; nays, 4; divided, 1. 
 It was subsequently referred to the Com- 
 mittee. 
 
 By Thomas P. Carpenter, of Camden, N. J : 
 
 Reaolved, That in view of the danger of this countrv 
 
 from civil war, the House of Bishops be respectfully re- 
 
484 
 
 APPENDIX. 
 
 qnosted to prepare a form of prayer to be used during the 
 session of this Convention. 
 
 By Mr. Murray Hoffman, of New York : 
 
 Whereas, A number of the nieml>er.s of tlie Protestant 
 Kliicicopal Church in the United States of America are in 
 open resistivnce to the Governraont set over them, and 
 "iihers of such members are aiding in such unlawful rebel- 
 lion; and whereas, the members of this Church in the 
 e''veral States did, throni^h the a'^encies of parishes, iwscm- 
 lilles, or conveutiom, appoint deputies to a General Con- 
 vention, in which, in the year 1789, they adopted and 
 ileclarcd a constitution for the government of the Church ; 
 and whereas, every one admitted to holy orders in surh 
 Church has, upon such admission, solemnly engaged " to 
 cunforni to the doctrines and worship of the Protestant 
 Kpiscopal Church in the United States," which doctrine 
 Hud worship was set forth in the Book of Common Prayer, 
 ratified in the year 1789, and declared to be the Liturgy of 
 the Church, and required to be received as such by all the 
 njembers of the same; and whereas, it is in such book 
 directed that there shall be read " a prayer for the Presi- 
 dent cf the United Statts, and all in civil authority," to 
 wluch the people present are bidden to say Amen, and to 
 which the members of this Church owe obedience; and 
 wliereas, the Convention of South Carolina did, in May, 
 1K61, declare itself no longer under any obligation of 
 obedience to the constitution of the Church, and permitted 
 alterations in the Prayer Book to be made by the Bishop 
 of tho diocese, and recognized the power of bodies other 
 tiian the General Convention to change such Book, and, in 
 tlie month of June, 1861, the Convention of the diocese 
 of Louisiana did resolve that it had ceased to be a diocese 
 of the Protestant Episcopal Church in the United States, 
 and, on the 3d of July, 1861, deputies from the Conventions 
 of the dioceses of South Carolina, Georgia, Florida, Ala- 
 tiama, Louisiana, Arkansas, Mississippi, and Texas passed 
 the following resolution : 
 
 •'■Resolved, That the secession of the States of Virginia, 
 North Carolina, South Carolina, Georgia, Florida, Alabama, 
 Mississippi, Louisiana, Texas, Arkansas, and Tennessee, 
 from the United States, and the formation by them of a 
 new Government, called the Confed^iite States of Ameri- 
 ca, renders it necessary and expeuTSiit that the dioceses of 
 ihe Protestant Episcopal Church within tliese States should 
 form, within themselves, an independent organization;" 
 
 And did proceed to adopt and recommend for ratification 
 a Constitution and form of Government independent of 
 this Church ; and in the mouth of July, 1862, the Convi 
 tion of the diocese of Virginia did adopt such Constitution, 
 and did assent to alterations of the Book of Common 
 I'rayer, and did substitute for tho prayer for the President 
 of the United States of America, a prayer for one designa- 
 ted as "President of the Confederate States of America," in 
 open rebellion against such United States ; therefore 
 
 Kesolved, That the Protestant Episcopal Church in the 
 United Stiites of America is alone the particular or national 
 Church for all who have acknowledged themselves its mem- 
 bers, to which authority is given, as declared by thexxxivth 
 Article, to ordain, change, and abolish rites and ceremonies. 
 That, in the opinion of this House, all ministers and 
 other persons who have voluntarily uiiite<l in the acts and 
 proceedings before set forth, have fallen into the .«ins of 
 rebellion, sedition and schism, and have greatly otl'ended 
 by their separation from tuis Church. 
 
 That the House of Bishops be requested, in their pastoral 
 letter, to call upon the members of the church who liave 
 wandered into these offences to return to a better mind, 
 and all others earnestly to pray that God in his mercy 
 would bring them back, so that our Christian region may 
 rest again in quiet and order, and being once more in godly 
 concord, our Church, our land, our government ,and people 
 may be continually saved and defended by his abounding 
 goodness and almighty power. 
 
 And further Resolved, That tho House of Bishops be re- 
 quested to revise the first part of the Homily against " Dis- 
 obedience and Wilful Rebellion," so that a portion thereof 
 may bo read in churches to the effect that " we all make 
 continual prayer unto Almighty God, even from tho bottom 
 of our hearts, that he will give his grace, power, and strength 
 unto the President of tho United States, and all in authority 
 over us, to vanquish and subdue as well rebels at home as 
 foreign enemies, that all domestic rebellion being suppres- 
 sed and pacified, and all outward invasions repulsed and 
 abandoned, we may long continue in obedience to our law- 
 ful government, and in that peaceable and quiet of life 
 which hitherto we have had; and may altogether in obe- 
 dience unto God, the King of Kings, and unto his holy 
 laws, lead our lives so in this world that in the world to 
 come we may enjoy his everlasting kingdom." 
 
 Resolved, That these resolutions be sent to the House of 
 Bishops. 
 
 By Jobn W. Andrews, of Columbus : 
 
 Resolved, That loyalty to tho government under which 
 we live is a part of the law of the Protestant Episropal 
 Church of the United States, ami that this convention pledges 
 its coastituents to stand by the government to the last in 
 the work of putting down the existing rebellion. 
 
 By Re7. Gp^rKC Lends, D.D., of Philadelphia : 
 
 Whereas, The absence from this convention of any and 
 all representation from a large number of dioceses that 
 have hitherto participated, under tho Constitution of this 
 Church, in its general council, has afflicted our hearts with 
 grief and pain: and whereas, tho cause of this absence is 
 civil war and rebellion in that portion of the country in 
 which these dioceses are planted, against the constituted 
 authority of our beloved land ; therefore 
 
 Reaolved, That deeply as we di^plore this unhappy strife, 
 in which, also, we recognize the just judgment of God for 
 our many sins, and earnestly as wo lament and condemn 
 tho causes which have brought it •upon us, so we also de- 
 precate that grave error of judgment which has made it the 
 occasion of severing. the ties of visible coriimunion and fel- 
 lowship that have hitherto united us in our ecclesiastical 
 Synod, and we will not abandon the hope that our absent 
 brethren, guided by the grace of God, will retrace their 
 steps for the honor of his name and the benefit of his holy 
 church. 
 
 By Rev. Alexander Burgess, of Portland : 
 
 Resolved, That, in view of the afflictive state of our be- 
 loved nation, the House of Bishops be affectionately request- 
 ed to prepare for the use of both Houses a form of prayer, 
 invoking tho interposition of God to restore us to peace 
 and prosperity upon such a foundation as he shall approve. 
 
 By Mr. J. E. Warren, St. Paul, Minnesota . 
 
 Resolved, That the Protestant Episcopal Church through- 
 out the world is one and a united Church, and that while 
 there is no defection of faith, the unity of tho C hurch is not 
 violated or impaired by geographical lines, or national dis- 
 integrations, or civil or political disturbances. 
 
 Hcso'-vcd. Xiiat this is a religious, and not a political body ; 
 that having met to legislate ttr theChnrcli, and not for the 
 State, that its deliberations be confined to this point, and 
 that the introduction and discussion of all political subjects 
 be deprecated and discouraged, as inimical to Christian 
 unity. 
 
 October 9 — The Committee made the follow- 
 ing unanimous 
 
 REPORT. 
 
 The Committee have been deeply impressed with the im- 
 portance and with the difficultj' of the duty assigned to 
 them. Tliey have examined with care .'dl the various reso- 
 lutiuns which have been referred to Ihem, and have not lost 
 sight of Ihe subsequent suggestions, which have been made 
 in'debate, by numbers of this body from nrany different 
 parts ijf our cuuntry. 
 
 Ill framing llie resolutions which they have at length, 
 after much tieliberatiuu, agreed upon, they have had three 
 leading objects in view. They have designed to leave no 
 room for honest doubt, or even for invidious misconstruc- 
 tion, as to the hearty loyalty of this body to the govern- 
 ment of the United States. They have desired to confirm 
 and strengthen the uuitj-^f the Church, as represented in 
 this convention. And they have attempted bo to refer to 
 the course of our brethren who aro not rtpresented here, 
 as to shut no door of reconciliation which is still open, and 
 to afford the best hope that they may still be induced to 
 reconsider and retrace their steps, and to renew their rela- 
 tions, in Christian love and loyalty, to a common church 
 and a common country. 
 
 The comnnttee have felt that it was not fit for this con- 
 vention to act or to speak as if they despaired, or in any 
 degree doubted, of the ultimate restoration of the legiti- 
 mate national authority over our whole land. They have 
 felt, too, that the question befor<' tin lu was not so much as 
 to what might be done, or what mighl besaid, by this body, 
 as a matter of stern justice, in vindication (/f the authority 
 or the dignity of the Church, but as to what it was wise to 
 do or say at this moment, consistently with our own con- 
 victions, and with a view to preserve, ludiroki-u and undis- 
 turbed, every remaining link or tie of religions association 
 and Christian sympathy, which might be of use hereafter 
 in accomplishing the great end of restoring otu- NatiouaJ 
 Union. 
 
 The committee are unwilling to conclude their report 
 without one other suggestion. While there could have 
 been no hesitation, under any circumstances, in expressing, 
 now and always, our earnest and abiding loyalty and devo- 
 tion to our country, its constitution and its laws, and to all 
 its duly constituted authorities, they have felt that there yet 
 rested upon this convention the most solemn oblijjaliou 
 
APPENDIX. 
 
 485 
 
 to ah^tain from enti-ring upon any narrower questionB, 
 vhicli peculiarly belong to tlio douiian of secular politii.s. 
 Our blessed Lord, in declaring that bis kingdom is not of 
 tbis world, and in directing us to render unto Ciesar the 
 things that are Caesar's, has clearly taught us, that, whether 
 as Ministers or as Legislators and Councillors of bisChurih, 
 we are to refrain from those matters which he has not com- 
 mitted to our care. There is, doubtless, a ditiiculty in the 
 minds of many, in clearly discerning the precise boundary 
 line between the subjects which come within our jurisdic- 
 tion and the proper sphere of duty as Christian ministers 
 aud ecclesiastical councillors, and su.li as lii'huiL; ("( lusive- 
 ly to secular politics. But the comniilti'^- ( mm l]:u>ily il.Mibt 
 that there! will be a general concurniui! in lln^ ciijini in 
 that, in this most critical period in th<i lii>toi> uf our 
 Cliurch and of our country, when wurds arc things, and 
 wh' n rash utterances at one end of the Union may co- 
 operate with rash acts at the other in extinguishing the 
 Lest hopes which remain to us, it is wise for such abodv :us 
 this to err on the safe skle, if we must err at all; and to 
 keep ourselves clearly within the limits which the Councils 
 of our Church have hitherto so uniformly observed. 
 
 In accordance with these general views, the undersigned 
 recommend the adoption of the following resolutions : 
 
 Resolved, By the House of Clerical and Lay Deputies of 
 this stated Triennial Convention, That assembling, as we 
 have b'.'cn calleil to do, at a period of gi'eat national peril 
 and de[:lm;il)le civil convulsion, it is meet and proper that 
 we shoulil call to mind, distinctly and publicly, that the 
 I'rotest.mt Episcopal Church in the United States hath 
 ever held and taught, in the language of one of its Articles 
 of Religion, tlmt -'it is the duty of all men who are pro- 
 fessors of the Gospel to pay respectful obedience to the 
 civil authority, regularlyand legitimately constituted;" and 
 Lath acci nihngly incorporated into its Liturgy " a prayer for 
 the President of the United Statesiind all in civil authority," 
 and a ■ prayer for the Congress of the United States, to be 
 used during their session;" and hath bound all orders of its 
 ministry to the faithful and constant observance, in letter 
 and in spirit, of these and all other parts of its prescribed 
 ritual. 
 
 2. That we cannot be wholly blind to the course which 
 has been pursued, in their ecclesiastical as well as in their 
 civil relations, since this Convention last met in perfect 
 harmony and love, Iiy great numbers of the ministers aud 
 members of this Church within certain States of our Union 
 which have arrayed themselves in open and armed resis- 
 tance to the regularly constituted (jovemment of our coun- 
 try; and that while, in a spirit of Christian forbearance, we 
 refrain from employing towards them any terms of condem- 
 nation and reproach, and would rather bow in humiliation 
 before our common Father in Heaven for the sins which 
 have brought His judgment on our land, we yet feel bound 
 to declare our solemn sense of the deep and grievous 
 wrong which they will have inflicted on the great Chris- 
 tian Communion which this Convention represents, as well 
 as on the country within which it has been so happily and 
 harmoniously established, should they persevere in striv- 
 ing to rend asunder those civil and religious bonds which 
 have so long held us together in peace, unity, and concord. 
 
 3. That while, as individuals and citizens, we acknowl- 
 edge our whole duty in sustaining and defending our coun- 
 try in the great struggle in which it is engaged, we are 
 only at liberty, as Deputies to this Council of a Church 
 which hath ever renounced all political association and ac- 
 tion, to pledge to the national Government — as we now do 
 — the earnest and devout prayers of all, that its effortsmay 
 be 60 guided by wisdom and replenished with strengtli, 
 that they may be crowned with speedy and complete suc- 
 cess, to the glory of God and tlie restoration of our beloved 
 Union. 
 
 4. That if, in the judgment of the Bishops, any other 
 forms of occasional prayer than those already set forth 
 shall seem desirable and appropriate — whether for our 
 Convention, our Church, or our country, for our rulers or 
 our defenders, or for the sick and wounded and dying of 
 our army and navy and volunteers — we shall gladly receive 
 them and fervently use them. 
 
 5. That a certified copy of the foregoing report and reso- 
 lutions be transmitted to the House of Bishops, in evidence 
 of the views and feelings of this body in reference to the 
 afiUcting condition of our Church and of our country. 
 
 Mr. Hoffman moved his resolution as a sub- 
 stitute for the report. 
 
 Mr. William Welsh, of Philadelphia, moved 
 to amend by strikin{:f from the second resolu- 
 tion the word " wholly," and inserting for the 
 words "will have inflicted," the words " are 
 injlictinff," and by st'iking out the words 
 •' should they persevere." 
 
 October 15 — Tlov. Dr. Henry ^r. Mason, of 
 Maryland, moved to table the whole subject, 
 which was lost : of the Clergy, ayes 9, nays 11, 
 divided 2 ; of the Ltity, ayes 7, uays 10. 
 
 Mr. WelsL's amendments were lost: of the 
 Clergy, yeas 9, nays 11, divided 2 ; of the Laity, 
 yea'j 7, nays 10. 
 
 Mr. Ili)ffinan's substitute was lost; of the 
 Clergy, yeas 7, nays 14, divided 1 ; of the Laity, 
 yeas 2, nays 13, divided I. 
 
 Rev. S. 0. Thrall, D. D., then offered these 
 resolutious, as a substitute: 
 
 Whereas this Church, in her thirty-seventh article, hath 
 doctrinally taught the duty of loyalty to regularly consti- 
 tuted authority, and in h' r pr.iyers for the President and 
 Congress, hatli prui li-'.l that iliity in Buch methods at. bi - 
 comes her as an ic rlc-.i:i,ii. a! body, aud any act of this 
 House cannot add Ion ,■ to ilic solemn '-ratification of the 
 Book of Common Prayer;' and whereas the present afflic- 
 tion of our country arises from questions of civil polity, and 
 as such is within the province of the State only, aud any 
 decision on such ((Mcstions liy the Church is a most disloy:iI 
 
 as.-^iiiii]iii I ilh' pirr,,: aii\^- .il" lii,- M,,!.': and whereas 
 
 thra:!.-:: .1 .,-li o .1 11, -■ l;i. 1:,: r. oi II,.-' Ion- I, in the S(,- 
 cali'-ii -'■. .■.|i'l M.,irs ii; v, I,, ; 1, 1, lj'>ai .li.iif w iili roferenc) 
 to I \'"Mi,:! ■'• i -. I "K'ii-U'.itiou or iirLi.iiii/.ation h:vs been 
 d ai'' in.i 1 'I Ml !i.a-s of the character and force (f 
 wlii. ii ii , I , ;■ tliis House to judge, until, 'oy free 
 
 and \iiMi - 1 1 am ■! ml ii,>urso and communication, we may 
 hear Iroiii Ih. in liie reasons of their action, (ind we have i;l> 
 kuowledgo of any action on their part affecting faith, min- 
 istry orsacniments; therefore, 
 
 Resolvd, That there is no occasion for any action of this 
 House, touching the declared and acknowledged loyalty of 
 the Church. 
 
 2. That in the present affliction of this country by civil 
 war, this House has no right, as a part of the Legislatmo 
 of the Churcli. to take any action on the subject, as it is 
 purely civil, and as such belongs to the constituted govern- 
 ment only. 
 
 3. That in the matter of any action of the Church in the 
 so called seceded States, it is inexpedient for this House to 
 express any opinion till it is in possession of more full and 
 complete information th.an we can at present obtain. 
 
 4. That this preamble and resolutious be sent to the House 
 of Bishops, to inform them of the action of this House. 
 
 Which was lost ; of the Clergy, yeas 9, nays 
 12, divided 1 ; of the Laitj-, yeas 1, nays 10. 
 
 Rev. F. M. McAllister, of California, offered 
 this, as a substitute : 
 
 Whereas the introduction of passing national events into 
 this House, as a subject for its deliberation and action, has 
 given pain and mortification to those many members of the 
 Episcopal Church here and throughout the land who 
 heartily believed that she was a kingdom not of this world ; 
 and that however as christian men her members might 
 sympathize and suffer with the State in all its trials, tri- 
 umphs, an I adversities, this kingdom of God was one which 
 should not be moved, attainted, or assailed by the heaviugs 
 and distractions of secular dominion ; aud whereas the very 
 introduction of this subject here has created expectations 
 in the world around us, uuacciuainted with the nature and 
 constitution of the Church of Christ, that this Convention 
 must necessarily be as any one of the religious bodies of the 
 land, reflecting the transient passions and emotions of the 
 day, thus seriously and painfully em oarrassing the action of 
 manymembersof this body, who are required by the com- 
 munities in which they respectively live to give some 
 response to the resolutions upon the state of the coimtry 
 which have been introduced hero; and whereas the preser- 
 vation of this Church in its intact integrity as a part of the 
 kingdom of Christ which is not of this worhl, is bound upon 
 us iis well by our lovalty to tliiit Church and to its Divine 
 Head as by'llie I'art tliat tlio unshaken niaiiitcstation of 
 such loyally aj;ainst all the prcssun'of tlie woiM's lilauilish- 
 mentsand terrorism in this fearful crisis, would e.vliiiiit a 
 moral courage and a depth of religious princiiile that would 
 make this Church of our God a praise and a glory in the 
 land, and a true ark of refuge info which nniltitudes of the 
 wise and good would gladly come for refuge from the storm 
 and tempest of worldly interests ; therelbre, for the infor- 
 mation of all, 
 
 Resolved, That as a legislative Council of the Church of 
 Christ, all sectilar and n.ational interests are foreign to the 
 didiberationsand decisions of this Convention, and that the 
 true and divinely ordained relations of Christian men to the 
 State are amply, constantly, and solemnly affiimed by 
 
486 
 
 APPENDIX. , 
 
 tiiis Church, in her daily teachings, and in her daily wor- 
 biup. 
 
 Which was lost: of the Clergy, yeas 7, nays 
 14, divided 1; of the Laity, yeas 5, nays 10, 
 divided 2. 
 
 The report of the Committee was then 
 irdopted : of the Clergy, Teas 13, nays 6, divided 
 o : of the Laity, yeas 11, nays 5, divided 1, as 
 follows : 
 
 AFFIRMATIVE DIOCESES. 
 
 CLEROV. 
 
 DZniwaz-e—Kcv. Jacob Ramlio, Rev. Samuel C. Brinckle— 
 
 JlUniris—Uvv. Alexander Caproii.R'bert II. Clarksou, D.D., 
 
 Key. Iheodore N. lloniiiou, llov. Uarreu H. Roberts — 
 
 Ai/e. 
 i'wa— Edward W. Peet, D. D., Rev. George W. Watson, 
 
 Rev. Charles 13. Stout— yl/,.«. Silas Totten, D. B.—Nay. 
 Maine— lli-V. Alox.uultr Rui gi-ss, Rev. Frederick Gardiner, 
 
 Rev. Willi. cm Stevens P'-ny—Ai/e. 
 J/'a.v4\Tj/,H.vf<\'s-GoorgoM.Raiidull,I». D., Samuel P. Parker, 
 
 D. V.—A>/e. Thoudfjre ICdsdu, D. B.—JS'a)/. 
 Miclii:jii»—Vkme\ T. Grinnel!, D. D., Rev. Joseph F. Phil- 
 
 lipH, Rev. William E. Arniitage— ^lye. 
 Jlfi>so«/t— Montgomery Schuyler, D. D.—Aye. 
 j:>'eiv Hampn/iire—Uev. Henry A. Coit, Isaac G. Hubbard, 
 
 D. D., Rev. Francis Chase — Aye. James H. Eames, D. 
 
 V.—jXay 
 ^'^ew York— 3. II. Price, D. D., Edward T. Higbee, D. D., 
 
 Francis Vinton, D. D.—Aye. 
 O'lio — Enistus Burr, D. D. — Aye. 
 J'amsijlvu7iia—U. A. DoW. Ilowe, D. D., G. Emlcn Hare, 
 
 D. D., George Leeds, D. D., D. R. Goodwin, D. D.— 
 
 Ayr. 
 Rhode Island— Sn&s A. Cr^ne, B. D.—Aye. 
 Western J\'cw Turk- Amoa H. Beach, D. D., William D. 
 
 Wilson, D. D., Rev. Andrew Hull— ^ye. 
 
 L.UTT. 
 
 0)w??-ec<ic;!tt— Joseph E. Sheffield, Seth P. Beers — Aye. 
 
 Delaware — Franklin Fell — Aye. 
 
 Maine — Robert'll. Gardiner — Aye. 
 
 Massachusetts — George C. Shattuck — Aye. 
 
 Middgan — Uenry P. Baldwin — Aye. 
 
 Neru Hampshire — Simeon Idc — Aye. 
 
 JS'ew Tork — Murray Hoffman, Luther Bradish, Samuel B. 
 
 Ruggles — Aye. 
 O'lio — John W. Andrew — Aye. 
 r^nnsylvania — John N. Cony ngham, Herman Cope, William 
 
 Welsh, F. R. Brunot— ylye. 
 Rhode Island — Edward King — Aye. 
 iVestern New York — Joseph Juliand — Aye. 
 
 NEGATIVE DIOCESES. 
 
 Kentucky— 3 amas Craik, D. D., Rev. Francis M. Whittle— 
 
 Kay. 
 Maryland— Vf. E. Wyatt, D. D., William Pinkuey, D. D., 
 
 Henry M. Mason, D. D., Rev. Orlando Hutton — Nay. 
 Minnesota — Rev. Solon AV. ^l;^nney, Rev. D. B. ICnickor- 
 
 backer, Rev. Timothy Wilcoxson — Nay. A. B. Patter- 
 son, D.D. — Aye. 
 New Jersey — Milo Mahan, D. D., Rev. W. Croswell Doane — 
 
 Nay. 
 rermoHi— Rev. David H. Buel, Rev. Andrew Oliver, Rev. 
 
 Malcolm Douglass— iVny. 
 TTwcojiSHi— William B. Ashley, D. D., Azel D. Cole, D. D— 
 
 Nay. Rev. Lewis A. Kempe'r — Aye. 
 
 JViniAS — S. Corning Judd — Nay. 
 
 Kentucky— X. H. Churchill, William Cornwall— iVay. 
 
 Maryland — Ezekiel F. Chambers — Nay. 
 
 New Jersey — J. C. Garthwaite, Henry Macfarlan — Nay. 
 
 Thomas P. Cai-penter — Aye. 
 Yermomi—y. Atwood— jVay. 
 
 DIVIDED DIOCESES. 
 
 CLEROr. 
 
 Califomior-^. C. Thrall, D. V—Aye. F. M. McAllister— 
 
 Nay. 
 Connecti'-ut—Jnc.nh L. Clark, D.D., E. A. Washburn, D. D— 
 
 Aye. W. Cooper Mead, D. D., Robert A. HaU.am, D. 
 
 D.—Nay. 
 Jndiana—Ruv. J. B. Wakefield— .4ye. Rev. L. W. Rubs- 
 
 Nny. 
 
 LAITY. 
 
 Mnnaota — E. T. Wilder — Aye. J. E. Warren — ^Vay. 
 
 PASTORAL LETTER OF THE BISHOPS OP THK 
 PROTESTANT EPISCOPAL CHURCH, 1862. 
 
 October 1 — The House of Bishops met ia 
 
 New York. 
 
 October 14 — Two Pastoral Letters were re- 
 ported Irom the committee, which consisted of 
 tbe five senior Bishops present, viz: Bishops 
 John H. Hopkins of Vermont, Btigaiuin Bos- 
 worth Smi'h of Keutueky, Charles Pettit Mc- 
 Ilvaine of Ohio, Jackson Kemper of Wiscon- 
 sin, bamuel Allen Mct^askry of Michigan. The 
 committee, "not being fully agreed as to the 
 two lett rs read be ore them," presented both 
 for the action of the House. 
 
 On mnioa of Bishop Whittingham, the sub- 
 joined was adopted as the Pastoral Letter, as 
 follows : 
 
 Brethues : We have been assembled together in the 
 Triennial Convention of our Church under most afflicting 
 circumstances. Hitherto, whatever our Church had to con- 
 tend with from the fallen nature of man, ^om the power 
 of this evil world, or the enmity of thiit mighty adversary 
 who is called by St. Paul "the god of this world," herChief 
 Council has been permitted to meet amidst the blessings of 
 peace within our n itioflal boundaries, ami as representing 
 a household of laith at uuity in itself. Our last meeting 
 was in the metropolis of a State wliich has long held a higU 
 place and influence in the aifairs of our Church and Coun- 
 try. Long sh.all we remember the affectionate hospitality 
 which was then lavished upon us, and the delightful har- 
 mony and brotherly love which seemed to reign, almost 
 without alloy, in aConvention composed of representatives 
 of all our Dioceses ! Never did the promise of a long con- 
 tinuance of brotherly union, among all parts and sections 
 of our whole Church, appear more assuring. But, alas! 
 what is man ? How unstable our surest reliances, based 
 on man's wisdom or will! How unsearchable the counsels 
 of Him who "hath his way in the sea, and his path in the 
 mighty waters, and whose footsteps are not known!" 
 What is now the change? We look in vain for the occu- 
 pants of stats in the Convention, belonging to the repre- 
 sentatives of no less than ten of our Dioceses, and to ten 
 of our Bishops. And whence such painful and injuri- 
 ous absence? The cause stands as a great cloud of dark- 
 ness before us, of which, as we cannot help seeing it, and 
 thinking of it, and that most sorrowfully, wherever wf eo 
 and whatever we do, it is impossible not to speak when 
 we address you in regard to the condition and wants of otu" 
 Church. That cause is all concentrated in a stupendous 
 rebellion against the organic law and the constituted Gov- 
 ernment of the Country, for the dismemberment of our 
 national Union — ^under which, confessedly, all parts of the 
 land have been signally prospered and blessed ; a rebellion 
 which is alreaily too well known to you, brethren, in the 
 vast armies it has compello.i our Government to maintain, 
 and in the fearful expense of life and treasure, of suffering 
 and sorrow, which it has cost on both sides, to need any fur- 
 ther description here. 
 
 Wo are deeply grieved to think how many of our breth- 
 ren, clergy and laity, in the regions over which that dark 
 tide has spread, have been carried away by its flood : not 
 only yielding to it, so as to place themselves, as far as 
 in them lay, in severance from our ecclesiastical Union, 
 whfch hixs so long and so happily joined us together in one 
 visildo communion and fellowship; but, to a sad extent, 
 sympathizing with the movement, and giving it their ac- 
 tive oo-operation. 
 
 In this part of our address, we do not attempt to esti- 
 mate the moral character of such doings. At present we 
 confine ourselves to the statement of notorious facts, ex- 
 cept as to one matter, of which this is the convenient place 
 to speak. 
 
 When the ordained Ministers of the Gospel of Christ, 
 whose mission is so emphatically one of peace and good- 
 will, of tenderness and consolation, do so depart from their 
 sacred calling as to take the sword and engage in the fierce 
 and bloody conflicts of war ; when in so doing they are 
 fighting against authorities which, as " the powers that be," 
 the Scriptures declare "are ordained of God,' so that in re- 
 sisting them they resist tho ordinance of God; when espe- 
 cially one comes out from the exalted spiritual duties of iui 
 Overseer of the flock of Christ, to exercise high command 
 i;j such awful work. — wo cannot, as ourselves Overseers of 
 the same flock, consistently with duty to Christ's Church, 
 His Ministry and people, refrain from ))lacing on such ex- 
 amples "urstroiigest condemnation. A\'e remember the 
 wolds of our blessed Lord, uttered among His last words, 
 
APPENDIX. 
 
 487 
 
 nnd for the epecial admonition of His Mini ters— " Tlicy 
 that talie the sword siiall perish witli the Bword." 
 
 Returning to this great rebelliuii, witli all its retinno 
 of cobt and sacrifice, of tribulation and anguish, of dark- 
 ness aud death, there are two aspects in which wo must 
 contc luplute it, namely: as it conies by the agency of man, 
 aud:;s it roinesfrnm the P7-ovideticc nf G(,il. 
 
 We desire. ^iJ-.t^ to call your attention to it us it proceed i 
 from Ihe Piovichnce of Ood. So coniprelirn^ivc is that 
 Pro\idince that it embraces all worhls and all nations: 
 while so minute is it that not a t^parrow f.:lli th witlii>ut the 
 knowledge and will of our Father iu Hoaven. Iji its- vast 
 counsels, this deep aiEictiou has it.-* place. God's hand is 
 iu it. His power rules it. It is Ills visitation and chasten- 
 ing for the sins of tliis nation. Who can duult it.' Just 
 ILS the personal alilict;on of any. of yon i^ il h1 - viMiitinn to 
 turn him from the world and sin, nut ■ ]liiii~'li, -o is tliis 
 national calamity most certainly lli~ ,ii; -lu' ii! u. ■ n this 
 nation for its good. And we trust. .!• : I i. !!ii.'m. «.■ are 
 iu no danger of seeming, by such intri; i . t.i ii.ii < i . m ui — 
 tre.-ses, to excuse, in any degree, such u im ,\ :(~ in- n li,i\c 
 had in bringing them upon us. Gou ,■• l;.i\il n 1,,^ id 
 interference with man's responsibility. lie worlv.-, Ic, loan, 
 but so that it is still man that wills and works. 'Ihe cap- 
 tivities ol God's chosen people were, as IXis Word declares, 
 ilis juiLments upon them for their sins ; while the nations 
 that carried ihom captive were visited of God for heinous 
 guilt iu so doing. St. Peter declares that our Lord was 
 " delivered" unto death " by the determinate counsel and 
 foreknowledge of God;" and that, nevenhcless. it was '■ by 
 urickedluinds' that he was "crucilied n, I -In. ' Thus we 
 need be under no temptatiim to dimi! i -Miiiateof 
 
 the present dispensation of sorrow, i i . in the 
 
 Laud of God, for the punishment of oir -n ,. v. .: i, \cr the 
 agency of men therein. It is our duty, as c hri-tians and 
 as patriots, so to consider it, that it may do us the good lor 
 which it is sent, and may tlie sooner be taken away. 
 
 It is not possible for us, in this ai-ldress, to set before you, 
 iu detail, or in their true proportions, all the national iind 
 other sins wiiich make us, as a people, deserve, and need, 
 the chastisements of a holy God. It needs no Daniel, in- 
 spired from on high, to discover theni. Surely you mu.st 
 all be painfully lamiliar with many of them, in the pro- 
 faueiiess of speech with which God's name and majesty are 
 assailed: in the neglect oi public worship which so dis- 
 honors His holy day; iu the ungodliness of life wliich 
 erects its example so consiiicuously ; and especially in that 
 one great sin for which Jerusalem was given over to be 
 trodden down by the heathen, and the people of Israel 
 have ever since been wanderers and a by-Hord among the 
 nations, namely, the rejection, whether in positive iulitlel- 
 ity, or only in practical unbelief of God's great f:ift of 
 grace and niercv. in> beloved Sou, our Lord Jesus Christ, 
 to be a -sacii)! < m; j,,, in rion for our fins, and an all-suf- 
 ficient and : li-_: : - \ i.ur ol our souls. 
 
 But tlicri , . i ^ 11 the Scriptures which is of great 
 
 use as a guidu in iio- coiisideratiou of national siniuluess. 
 It is a waiiiiiig to ilie nation of Israel, and found in the 
 eighth chapter of the book of Deuteronomy, as follows: 
 '•Leware that thou lorget not the Lord thy God, in not 
 keeping Uis commandments, and Ilis judgments, and Ilis 
 st-itutes, which I couimaud tlieo this day, lest when thou 
 hast eaten and art lull, and hast built goodly houses 
 and ha.st dwc It therein, and when thy herds and thy Hocks 
 
 that Ih- I !i, ■ :- ■, , : 1. III. n l!i\ lie, I I.,- Iil.r.i i:,,, 
 
 and ih..u 1 -I . I ;i. i i:.v (.."1: i..,- ii i. ip. li^t :,u.ih 
 theej.on. r l.i.Lci ^^ - i:,' And it >lialM.e. iiiat ii thou do 
 at all lorget the Lord thy Gi;d — as the nations which the 
 Jx)rd destroyeth before your lace, so shall ye perish, he- 
 cause ye would not be obedient to the voice of the Lord your 
 God." 
 
 >'ow it was because that nation was guilty of precisely 
 such self-giorying, and such forgctlulness of its indebted- 
 ness to God and dependence on liis favtsr, as thi^ wa.rning 
 descriiiCS, ihat the g:ieVoUS c:daniities which so fill its his- 
 tory, before the ad\eiit if thiist, were bron-lit upon it. 
 A; d it is because there is so much agreement beiwe-'ii this 
 deocnpti.n and tin- aspect which we, as .-i pcopli-. liave pre- 
 .seiilcd b fore God, that we pL.ce th<- | .- .; ' ' : you. 
 
 Marvellously have we been prosiii- 1 i ■ i. i lin- per- 
 t lining to national prosperity, ricle - I i!i. God 
 
 has loaded us with i.eiulits; and \- i;!i m i :.- ;iis have 
 grown our in. ; :n ,, ,:■ , . , nr >: ,.- n j . .i - 
 
 »;•'•' •^■y-f-" I- ^ • " - 
 
 .-siilli- 
 
 -:!.■■ I, , . -. I , .. , ..{ the 
 
 naticn as lo ; II .-.n. .ji.:.lc :). i.:i- .1. ., :. '.i ■ I < ■ 'l and of 
 thcGosptl of Lhri-t. Let us mark tlie w. rdsof the pro|)het 
 .■•er.'iJiiah: "L'^t not the wise man glory in Irs wisdom, 
 neither let the mighty man glory in his might ; let not the 
 rich n-.an glory in his riches; hut let him that glorieth, 
 ploi y in this, that he understandcth and knoweth me that 
 I unit ho Lord which exercise loving-kindness, judgment, 
 and righteousness in the euith." — (Jer. is.; Zi,'Zi.) Uow 
 
 remarkably do these words exhibit our sin as a nation! 
 Uow sel loiu, la anything of a representative character, or 
 anything that speaks for the nation, especially in the coun- 
 sels of our chosen rulers, or in the enactments of ourlegis- 
 hitures, do wo see any such reference to God, a-s is here 
 required as the basis on which lie blesses a nation! Uow 
 literally have we gloried in our wisdom, and iiower, and 
 wealth ; and said in our hearts, Our power and our liaiid 
 Ifire gotten us all these t'dnr/s I 
 
 Dear brethren, can wo consider these things, so palpable 
 to every eye, and not acknowledge that we deserve God's 
 anger, and need, for our good, Ilis chasteniug Providence* 
 IsTt wonderful that this trilailation hath come upon us If 
 0, that wlen thus His jud ,'nients are upon the land, the 
 inhabitants may learn righteousness! We exhort you, 
 lii-ethren. that, as citi/'-ns ami a- i in. h.i-. 'U will take 
 the>e thini.'>scriou>lv to heart. .- i ; :i' , .urM'lves, 
 that you may duly humble your- . . - n:. i n, i s mighty 
 lianil, and He may, in due tunc. ,\ :i n~ . ;ii i ihe present 
 ■ li>irs-^. Such a "spirit of hiinili iinn. t, t king wide jjosses- 
 -i'li ol tie people, especiiiily . r iln- • wlio, as membere of 
 tie- t hurch of Christ, prole- , n- he Hi- disciples — above all, 
 such a sievir :'p5i'-:>rii!'i- among tlio.se whose olJicial position 
 makes th r ' - n I ,i( ts of eminent wtight and respon- 
 ,sibility in i i ; n the nation's standing before God — 
 would lie ! , n uin c US Concerning the prospect of a 
 happy reiiiovel oi our national afflictions, a happy future of 
 staliiiity in bur civil institutions, and of peace in the whole 
 land, than if many signal victories were given to our hon- 
 ored armies. Let us pray earnestly and constantly for that 
 spirit, which, above all things, is a nation's wealth, and 
 strength, and praise. '^ The Lord's liand is not shortened," 
 tliat it cannot thus bless us. " Uis ear is not heavy, that it 
 cannot hear " us when we seek so great a blessing. Ue ia 
 'aijle to do exceeding abundantly above all that we ask or 
 think; " and prayer is the arm that places our wants on Uis 
 mighty power. 
 
 Let us turn now to the other aspect of our great trial ; 
 namely, as ii conuis from tlie agency of man. We deeply 
 feel, dear brethren, how momentous is this portion of our 
 subject, and with what carefulness and chiuity, and at the 
 same time with what decitiou and plainness of speech, 
 with what faithfulness to Church and Country, and to 
 those arrayed against us, as well as to ourselves, it becomes 
 us to speak. Gladly would your Bishops avoid a subject 
 so painful. But there is no possibility of avoiding it. 
 Should we keep silence, we should not avoid it. Our 
 silence would speak far and wide, and with a meaning by 
 which we are not willing that our minds should be inter- 
 preted. At such an al-vuming crisis of our national and 
 ecclesiastical union, as well as of our whole welfare, when 
 a voice from such a body, occupying such intimate relations 
 to a wide-spread communion, may be of such importance 
 to thestr. ii_tli ol the puolic counsels, through the guidance 
 of the i.-'oi.. • .ii ih.it c.iiiiinuihiai, — shoultl we address you 
 on otlici I ; . ? ol k-- pioHiiiieuce at the present time, and 
 yet kceij silence ou tluu uue which banishes almost every 
 other liom the thoughts of the nation, we should not only 
 negle t a.n opportunity of usefulness which ought to be 
 improved, and subject ourselves to imputations which we 
 are not willing to bear, but we should inflict a serious 
 injury nijon a c.iuse we are bound to lud. 
 
 It IS tlie lirst time this Convention has met since these 
 troubles began. God grant they may be ended longbelore 
 i( shall ue t again! Ever since our Church had her 
 l.itaiiv. We hive been praying for deliverance "fromsedi- 
 li 11, I'liiv I Ill-piracy, and rebellion." And now that all 
 the thiej aie upou US, aud iu a depth of scheme, a force 
 of action, a strength of purpose, and an e.\tensivoness of 
 sway sucli as the world never before saw united for the 
 dismemberment of any government, shall we refuse to tell 
 yon in what light wo regard that gigantic evil? 
 
 We are moved the more to speak, because we believe 
 that you, brethren, desire it of us. You feel bound, by 
 your views of duty, to take a position and manifest princi- 
 ples, too decided to be mistaken, iu support of the national 
 Constitution and Government in this day of their peril. 
 Our communion is nobly represented wherever the nation's 
 cause has dan.gers to brave, diliiculties to be surmounted, 
 sacrifices to be made, or siifl'erings to be borne. In the 
 ranks, and through nil the grades of command, our Church 
 testifies her loyally by the devotion of her sons. Many of 
 them are her choice young men, whom it is hard to spare 
 from works of Christian well-<ioiug at home. Many of 
 them are her Sunday-school teachers. They have gone to 
 her armies, not in any bitterness of feeling towards those 
 who have brought on us this war, but in a ready mind to 
 love their enemies and to do good to those that hate them. 
 
 ud 
 
 viction of dutv to their Country, to tirir i oven 
 to God. They look to us, their chief Pastors, especially as 
 we are now gathered together here, to give them the sup- 
 port and comfort of our approbation, if we think they 
 have rightly Judged the great quuaticu of duty to the 
 
488 
 
 APPENDIX. 
 
 Government in the present struggle. AmidBt the perils 
 vif battle, in hoppitals and prisons, under privations and 
 ■wounds, they feel the precionsuess of such comfort. Ao- 
 knowledging the reasonableness of such desires, we have 
 pleasure in complying with them ; not apprehoniliug that 
 in touching on this subject it can with reason be objected 
 that we enter amidst questions with which, as Ministers of 
 Him whose " kingdom is not of this world." we have 
 nothing to do. Whatever the Apostles of Christ were 
 inspired by the Holy Ghost to teach the Cliurcli ; the 
 Ministers and Stewards of the Church are bound to illus- 
 trate and enforce, for instruction of her members. ''All 
 Seripture is profitable for doctrine, reproof, correction, and 
 instruction in righteousness." Whatever is contained 
 therein is part of wliat h^s thus been " written for our 
 learning "—part of that spiritual provision which you, 
 brethren, are to "read, mark, learn, and inwardly digest;" 
 and wliich, therefore, God's Stewards must distribute, as 
 varying circumstances shall make it " a word in season." 
 
 Then what say the Scriptures touching the subject before 
 us? We hive no need to go beyond the words of St. Paul, 
 in the thirteenth chapter of the Epistle to the Komans— 
 '• Let every soul be subject to the higher powers. I'or there 
 is no power but of God. The powers that be are ordained 
 of God. Whosoever, therefore, resisteth the power, resist- 
 cth the ordinance of God; and they that resist shall 
 receive to themselves damnation." 
 
 Now, it is the application of these words to our duties, 
 under present circumstances, of which we have need to 
 inquire, if we would use this portion of Scripture as " a 
 light to our feet." Where, then, do we find those powers 
 and ordinances to which, as " ordaiijed of God,'" we, recog- 
 nizing the great truth that "there is no power but of 
 God," aie bouud, for Uis sake, to be subject? We answer. 
 In the Constitution and Government op the United 
 States. Under them, the people of all the States, now 
 resisting them, were just as much bound to render obedi- 
 ence, when such resistauco began, as we, whose allegiance 
 ia still unbroken. According to the Scriptures, that re- 
 sistance, so far from making null and void those powers, is 
 a resistance to ordinances of God still in force; and, there- 
 fore, brings Uis condemnation on those so engaged. 
 
 When St. Paul, in direct connection with the words just 
 cited, exhorts us to "render to all their dues, tribute to 
 whom tribute is due, custom to whom custom, fear to 
 whom fear, honor to whom honor," and that " not only for 
 wrath, but for conscience' sake;" we have no hesitation in 
 teaching that the claim to all these duties and manifesta- 
 tions of allegiance and loyalty from us, and from all those 
 States so recently united in rendering them, is rigiitiiilly 
 in that Coveruiiieut which is now by force of arms main- 
 taining such claim. The refusal of such allegiance we hold 
 to be a sin ; and when it stands forth in armed rebellion, 
 it is a great crime before the laws of God, as well as man. 
 
 Thus, brethren, your Bishops teach, as oliicial expositors 
 of the Word of God. Less, they believe, they could not 
 teach without unfaithfulness to the Scripture.^. 
 
 If godly submission to the laws and constitutional rulers 
 of the country should be regarded as a matter of less than 
 the most religious obligation; if it shall be held a. thing 
 of intlifl'erence whether the Government, given us in the 
 Providence of God, be obeyed " for conscience' sake," or 
 be overthrown by conspiracy and armed rebellion, without 
 the pretence of "any existing and oppressive wrong, or of 
 any wrong for which the remedy might not be found under, 
 anil by, provision of that very Government, — then all the 
 horror?, of which such rebellion may be the prolific parent, 
 may at any time be caused, and even intended, without 
 guilt. But, let us hear what the Fathers of our Church, in 
 one of those Homilies which our Articles declare to con- 
 tain " a godly and wholesome doctrine," teaches on this 
 head. We can well understand it now and appreciate it, 
 as never before. In the Uomily " Against VVillCul Rebel- 
 lion " we have these wholesome words : " Uo that namel h 
 rebellion, nameth not a singular, or one only sin, as is 
 theft, robbery, murder, and such like; but he nameth the 
 whole puddle and sink of all sins against God and man ; 
 against his country, his countrymen, liis parents, his chil- 
 ilren, his kinsfolk, his friends, and against all men univer- 
 sally ; all sins against God and all men heaped together, 
 nameth ho that nameth rebellion." In another passage, 
 after speaking of the general miseries of all war, the 
 Homily proceeds with a still darker description: "But 
 when these mischiefs are wrought in rebellion by them 
 that should be friends, by countrymen, by kiusmc^n, by 
 those that should defend their country and countrymen 
 from such miseries, the misery is nothing so great as are 
 the mischief and wickedness where the subjects unnatu- 
 rally do rebel * *; countrymen to disturb the public 
 peace and quietness of their country, for defence of whose 
 quietness they should spend their lives ;" '-arid, universal- 
 ly, instead of all quietness, jo.\, and felicity, wliich so 
 follow blessed peace and due obedience, to bring in all 
 trouble, sorrow, disquietuess of miuds uud bodies, and all 
 
 mischief and calamities ; to turn all good order upsida 
 down; to bring all good laws into contempt, and to trcjid 
 them under foot; to oppress all virtue and hone;?t.v. and 
 all virtuous and honest persons; and to set al! vice and 
 wickedness aud all vicious and wicked men at liberty to 
 work their wicked wills, which before were bridled by 
 wholesome laws; to weaken, to overthrow, and to consume 
 the strength of the realm, their natural country, wliich, 
 by their mischief weakened, is thus ready to be a prey and 
 spoil to all outward enemies." 
 
 Such is the testimony of our Homilies against " Willfn! 
 Eebellion." 
 
 The reasons v.hich make this so great a crime are the 
 same which make the constituted authority so indispeUMi- 
 ble to the very existence of human society. God had 
 invested the magistrate with power, and given him the 
 sword to be borne, "not in vain," because he is His Min- 
 ister ''for good;' because, without him, all the floods of 
 uugodUness would be set free; and tlieonlyremcily remain- 
 ing for all social disorders would be that of force overcom- 
 ing force, aud of cunning overreaching cunning. 
 
 We have now, brethren, in strict confinement to the 
 testhnony of the Scriptures, ;iscertained a basis of principle 
 and duty on which wo may heartily rejoice in a'.l the active 
 and energetic loyalty with which the niombers of our 
 Churches, in union witli their fellow-citizens, of all cl.isses 
 and conditions, are sustaining the Government in its vant 
 efforts to reinstate the rightful control of its law.s, wherever 
 they have been disowned. We bid them never to be weary 
 of that well-doing; and particularly would we say to those 
 who, out of love to their country, and not out of any vin- 
 dictive exasperation towards her enemies, have gone in our 
 armies, ht of good chcrr! Whatever the dangers you may 
 have to meet, or sufferings to endure, let it be your con- 
 solation that you have gone to sustain the power, or- 
 dained of God, and which rightfully claims your most 
 devoted loyalty. 
 
 And now, we can ask your further attention only to a 
 few concluding words, touching great spiritual interests, 
 which the absorbing claims and the strong excitements of 
 these times endanger. No doubt, dear brethren, you have 
 all been painfully conscious of the powerful tendency of 
 the present anxieties and excitements to draw down your 
 thoughts and affections from daily communion with God ; 
 to elevate earthly interests and duties into injurious 
 rivalry with those of the soul and eternity; to caiTy your 
 minds away on this powerful flood of feeling and'active 
 concern for otir beloved country, till they become, in a 
 great degree, separated from all earnest engagcdness in 
 God's service. With some minds, und<T divine grace, the 
 tendency of these troubles is to lead them neari>r to God ; 
 while with others it is to take them away from God, to 
 make His Word less precious. His holy day less sacredly 
 kept, secret prayer less faithfully observed, and le>s their 
 refuge aud consolation; Christian example less decidedand 
 exalted. 
 
 We desire affectionately to exhort you to increased 
 watchfulness and prayer in consequence of such danger. 
 Let not love of Country make your love to God and your 
 gracious Saviour the less fervent. Immense as is this 
 present earthly interest, it is only earthly. The infinitely 
 greater interests of the soul and of the kingdom of God 
 remain as paramount as ever. We counsel, not that you 
 feel less concern for the former, but that you seek God's 
 grace so to sanctify all its anxieties that it may constantly 
 b-ad you to Him for refuge, and rest, and peace: making 
 you only the more earnest to secure, in exchange for thi8 
 sinful and troublesome world, that inhcsritance which is 
 incorruptible, that better country where " sorrow and 
 sighing flee away." 
 
 And wo also charge j'ou, brethren, that you watch and 
 pray, lest during this unhappy strife you sliould allow any 
 bitterness of spirit to dwell in you toward those who, 
 from whatever cause, have brought on us this war, with 
 its great injuries and calamities, or who are now waging 
 it ag-ainst us. To hate rebellion, so unc.aised, is duty; but 
 to hate those engaged therein, is the opposite of Christian 
 duty. Nothing can release us from the charge of our 
 blessed Lord to love even our gjreatest euemiesl <lo good 
 to them that hate us. and ju'ay for such as despitefully use 
 us and persecute us. In tliis temper of mind let n.s be fol- 
 lowers of Him who, when we. were enemies, died Ibr us. 
 
 We are pained to learn, fnmi the reports of lonmiittees 
 of our General Missionary Society, to wli;:t extent 111': means 
 of pursuing their great worl; liave siill'err.l l.y I'usdn of 
 these times. We are aware bow much of the enntriljutions 
 of our people have gone to the relief aud consolation of 
 our brethren who, in exposing themselves to the dangers 
 of battle tor our defence, have tallen under wounds or 
 sickness. We rejoice in all tliat is done for them; and it 
 is a vast relief from the horrors of this war to see what a 
 spirit of self-denying ami devoted benevolence has appe.ir- 
 ed all over the land, in men and women of all coiidiiioiis, 
 banding them together iu labors of love, or scattering 
 
APPENDIX. 
 
 489 
 
 them abroad over the field of suffering, on errands of com- 
 p.is^idu and tender miiiistratioa to our sick, womideil, 
 dying soldiers. God be pnd?ed lor all tliis! It goe.s far to 
 com:ort us iu the great tribulation. But the claims of the 
 kingdom of God are not diminished. The c;ills for the 
 laboi's of men of God to preach the Gospel in destitute 
 places ai'e as loud as ever. And we believe that while the 
 ability of many to contribute of their substance to the 
 missioii.iry work has been greatly impaired and almost 
 titken away by our national troubles, that of many others 
 is not so dii-.inii^hed or so drawn upon by objects pecidiar 
 to these eii n n-i :i - I'lit tiiey may not enlarge theii' 
 gifts to th- \\ IIS. and greatly supply what is 
 
 lacking b\ ;', i \ ..(others. We pray them, and 
 
 all our bi'.iii;. II, ^-iiirii'iy to review their duty in tliis 
 respect. The iiiissi.ms in Afiica and China are atflictr.l at 
 the prospect of being painfully reduced for want of nii'i n- 
 to sustain them as they are. In the domestic fiel 1. tli 
 absence in missionai-y stjitions of the labors of the :\liiii< 
 ter of the Word and Sacrament, is even a greater evil In 
 such times than when no great national affliction carries 
 its SOI ruw.s and clouds into every village of the land. Let 
 us seek God"s blessing upon our country's cause, by seek- 
 ing to promote His kingdom and righteousness in all our 
 borders. 
 
 But it is not merely for the support of our missionary 
 work that we aro concerned at tliis time. The ability of 
 many a faithful parish Minister to continue his labor of 
 love among a people beloved, is greatly endangered at this I 
 time for lack of the most slemler pecuniary support; so j 
 that by the additional cause of Ministers feeling it their l 
 
 on the minutes. Bishop Kemper moved that 
 the request be granted. On mutiun of liishop 
 Whittiiighain, it, was received, and ]d.iced on 
 file among the documents of tbi.s House. 
 
 The Protest of Bi.siiop Ilopkiis, and his 
 proposed Pastoral Letter, are subjoined : 
 
 PROTEST. 
 
 n General Convention. a.t^embUd: — 
 itnF.N, — It is with mu< h regret that 
 . nter my solemn p otest agaiu.ii 
 
 To the Tr,v:-.-^rn: 
 
 Right i; i ■ 
 I find in-. ■ 
 
 tb^M^oi 1 ,: , . 
 
 precepts of the 
 
 involves a fundamental principle in our 
 tion. We stand opposed, in this coun- 
 
 taking 
 
 duty to see to the spiritual wants of our soldiers 
 service as chaplains in the army, we are incrt-asinc; the 
 number of vacant congregations to an alarndiig extent. 
 We must therefore exhort our brethren to take heed and 
 to do their utmost in their several parishes, that the bless- 
 ing of a settled Minister be not lost for lack of the 
 needed pecuniary support. If such privation, in ordinary 
 circumstances, be of great detriment; much more is it so 
 in days of affliction such as we have never known before. 
 Never wjs it so important to all individual, domestic, and 
 social interests, for tiie light of every household in a day of 
 dr.rkii ,-~. md t!ii. strengthening of every heart in a se.ison 
 otniaiiii il.l bur.l.ji:^, that the lamp of the sanctuary sliouhl 
 be triimu.'d ami bnrning; that the preciiuis -'comlbrtof 
 tJie Sciipiures, " through it^ appointed Messenger, sliouM 
 not be removed; that the soothing, purifying, goveniing. 
 elevating influences of the public means of grace, under 
 the hand of God's Minister, should bo regularly enjoyed in 
 the congregation. But if such cannot be the privilege, 
 then wc exhort vacant congregations that instead of for- 
 saking the assembling of themselves together, as if, be- 
 cause they have no piistor, they could have no worship, 
 one with another, they will take advantage of the great 
 privilege of having our Book of Common Prayer, whereby 
 a Church without a Pastor may still have its public wor- 
 ship and the Word of God, in purity, in tirness, and in 
 power. Meet together regularly, brethren; have the 
 Morning and Evening Prayer, and some approved puli- 
 lished sermon, read by one of your number. You will 
 thus have much to enjoy, though not all you need and 
 de-sire. Lose it not, because you cannot have more. 
 
 And now, praying a merciful (iod and Fatluer soon to 
 restore to our beloved country the blessings of peace, under 
 tlie banner of our honored national Union, and with our 
 wholesome laws and righteous liberties more than ever 
 stri ngthened, defended, and established; praying thatthose 
 who have souirht to depart from us may speedily and 
 happily be reunited with us in tjie bonds of Christian, as well 
 as national, fellowship; and that all bitterness, and wrath, 
 and anger, and clamor, and evil spealdng may be put away 
 from us and them "with all malice;" that we may '-be 
 kind one to another, tender-hearted, forgiving one another 
 even as we hope that God, for Christ's sake, liath forgiven 
 us,' \v(r air.ctionately 'commit you to God and the word 
 of His gr.iee. ' May the blessiii'jr of ('.ml so abide on you, 
 beloved liredireu, in all yonr i:iinili..s ami congregations, 
 that " \ ..lU' iaitli may grow cxn-. .liiiul\ ,' ■■ that your love 
 may alio. mil more and more," •ihat ,\..ii ]a ay walk worthy 
 ol tlie Ijord unto all pleasing, being Iruitlnl in every good 
 work and increasing in the knowledge of God;" "to whom 
 be glory iu the Church, throughout all ages, world without 
 end." 
 
 CIIAULES PETTIT McILVAINE, D. D., D. C. L., 
 Bishop of Ohio, 
 PreMdiruj in the House of Bishops, pro tern. 
 
 PROTEST OF BISHOP HOPKINS. 
 
 October IG — Bishop Hopliins read a protest 
 against tlie Pastoral Letter adopted bj the 
 House, which he requested might be entered 
 
 this, I cannot allow that this House ..r" I',: 
 
 in our official relations to the Church olL ! , ■ 
 
 to go, by expressing any judgment on ih 
 
 sernlar government. Under the Ameri m ' 
 
 til.' .-^i iti. his 1..1 right to declare its senten. ■ ■. Tn 
 
 laii..ii ..(■ til.' CI lurch, so long as wo do n.idiin _ . ■■ i 
 
 thi> .hii y ..t l...valty. And, under our A1...1. . ' ■; 
 
 tiou. to... (Jhiiiili has no right to utter h'-r - ..- 1 
 
 tlio li-'gislation of the St.ate, so long as it I .• ' 
 
 our Christian liberty. Their respective fun 
 
 tinct. . The Almighty Ruler of the world 1. ~ . i. . 
 
 to the State the wide sphere of temporal intir.si, an 
 
 has committed to the Church the fiir higher sphere ■\ 
 
 enibiaees the interests of eternity. Each has its ow 
 
 lotti-d orbit, and I cannot eoMipndien.l biw any v -li 
 
 II. -.1 
 .1 Ho 
 rhich 
 n al- 
 •ting 
 
 att..iiii.t.-.l, tlLingh ill ili':.- :;i ! - ; . ^^ 1'.;. 1;. i- I'.ni- 
 tanlsm. T know that it exists, t.. s..i:ie i.\t.nt, in ih.- Es- 
 tablishment of England. But I als.> know that the jjrimi- 
 tive Church spread her trinmiihs throughout the earth, in 
 total independence of the State, and that all our clergy 
 have been educated to regtird the union of Church and 
 State as a mistake and a calamity. 
 
 Maintaining this lus a fundamental principle of our eccle- 
 siastical position, from which I cannot justify any depart- 
 ure, I proceed to show how the Church hits acted with 
 relation to the policy of war, along the main track of her 
 history, even under the disadvantages of her secular con- 
 nections. 
 
 From the period when Christianity became established 
 in the old Roman empire, there were many insurrcrtions, 
 and intestine as wi .1 as toreiun wars.liiit T eaneall to ndud 
 ii.iiii-t,i" . iiuM 111.....;.!.; I -. Mil. ..-;!!- hi-t .■.'.iribe injus- 
 
 si'l- ■ I.I :,r. .'. il ■.».•■-. ■■ 1 1 , : I. \'. i.i.'h were 
 
 nniii.Ti.ii. 1, ', ;.■ II;.. l.v .' .. , ,' .:-. I ihinl; ii \vill not be 
 
 l.iiiii.l t!i,,t Ci.iir. li .. .111111.11. ■! h 1- .It', by any formal 
 
 and nniiiil a- ti..n. riih i- ii> ili.- mi,, si 1.. or to the other. 
 In th.' L.MI' t i'..i..lli..ii against Clnii s 1., I am not aware 
 
 altli.ai-li it thr.'at. ii.'l. and, for a season, a ■<>■■ li .1, 
 th..iro«u .illi.-i.il (l.iwnlall. And when tii.. \iii. 1 . 1 a Cil- 
 onies revolti'd, and the Rev. William Wh; I 1 v Mie 
 fii-stChai)lain to the Revolutionary Conu'i. I i' 
 
 the slightest movement in our Mother Chill 1 1 1 i un 
 
 his course, or that of the ministers who a I . mai. 
 
 The Bishop of Lonilon was til.' Dio.-.-saii ..; ,1! la. I 1- y 
 in the Colonies, and ha<l tlif uii.l..iil>t.-.l ri_:li! r.. ■ii.i..m.1 
 or to depose them, it' the art nl' s.-. ular r. I. iiMii li : 1 !■ ■ Ml 
 a proper ground lor (■.■il..siasti.il .1. nun. i.iii-.i Ciii that, 
 in every age, has b •• 11 r.._' ir.l .1 .. . 1 ir ' . 1 i : li... a.-ti.)n 
 of the State,anil 1 il..iilit \vli..t h. 1,. n m i u. m !■.• I'.inud 
 in the whole ransc.'f (In- Cliii'vir- lii-i in ".i. an .'ri'li^- 
 siastical court has in .1 a m 11 l"" ^. nl ir i L 
 Church of Englan.l had held it to be b.-r ilnty 
 principle which this House of Bishops has laid down in tlio 
 Pastoral Address, the llev. Williaia Wliite and his col- 
 
 It' the 
 iipt the 
 
490 
 
 APPENDIX. 
 
 leagu"8 conld hardly haro been accepted as fit snii'.^cts 
 for Episcopal cousocration, and the wln.le cbaractiT nt oui' 
 niiiiistcnal succesaiou would most probalily have i>asied 
 away, forever. 
 
 Jt is due to the solemn responsibility under which I 
 preicnt this Protest, that I should eul'orco its posiUous by 
 tho citation of some high authoritirs. 
 
 Thus the general principle is set forth by the learned 
 Palmer (Unidon edition of 1830, vol. 2, p. 96):— 
 
 '•In maintaining the right of the Church," siith he, 
 "to judge in controversies, it is necessary to limit hor au- 
 thority to its proper object. It is not, then, supposed by 
 any one, that the Chiu'ch is authorized to determine 
 questions relating to philosophy, science, legislation, or 
 any other subjects lieyond the doctrine of revelation. 
 Her office relates entirely to the truth once revealed by 
 Je.su3 Christ." 
 
 I need h^.rdly remind my respected brethren of our XXth 
 Article, in which it is declared that "the Church hath 
 authority in controversies of faith:" excluding, by lair 
 imjilication, eoutroversies of secular policy. 
 
 The proper objects to be secured by the meetings of 
 ecclesiastical Councils are thus set forth by Field, in his 
 well known Treatise (p. 643):— 
 
 "The causes why General Councils assemble," saith he, 
 "are three: Ist, the suppressing of heresies ; 2d, a general 
 and uniform reformation of abuses crept into the Church ; 
 and 3d, the taking away of schisms about tho election of 
 pastoi-s and rejection of intruders. And the causes that 
 were wont to bo examined in the meetings of the Uishops of 
 the Province (p. 614) were the ordinations of Bishops when 
 any churches wore void, and the depriving and rejecting all 
 such as were fouud uuworthy — and, in a word, any com- 
 plaint or wrong done in any church was then to bo heard." 
 
 To these I shall only add some interesting statements of 
 the faithful and laborious Bingham (B. xVl., ch. 2, vol. 2, 
 p. 880, of Bohn's London edition): 
 
 " The power of tho Church originally," saith this author, 
 "was a mere spiritual power, her sword only a spiritual 
 sword, as Cypriau terms it, to affect the soul and not the 
 body. Hence the ancient Bishops were accustomed to 
 plead witli the magistrates and the emperors, to save the 
 lives of tliose who were condemned to death by law. ' 
 
 The writer proceeds to quote S. Augustine's language 
 to an African judge, as follows: 
 
 " I know the Apostle says 'ye bear not the sword in vain, 
 bat are ministers of God to execute wrath upon them that 
 d;> evil.' But the cause of the State is one thing, and the 
 cause of the Church is another. The administration of the 
 State is to be carried on by terror, but the meekness of the 
 Church is to be commended by her clemency. 
 
 "These men, with the sword of unrighteousness, shed 
 Christian blood: do you withhold even tho lawful sword of 
 judgment from being Imbrued iu then- blood." 
 
 "It was also thought some cruelty," saith Bingham 
 elsewhere (2 vol. p. 1055.) '-or at least a very improper 
 and unbecoming thing, for any clergyman to be concerned 
 injudging or giving seuteuoo in cases of blood. The laws 
 allowed them to be chosen arbitrators of men's differences 
 in civil causes, but they had no power at all in criminal 
 causes except such as were purely ecclesiastical, and least 
 of all in such criminal causes where life and death were 
 concerned. Therefore there are many Canons forbidding 
 this under the highest censure of deprivation. The Coun- 
 cil of Tarragon universally forbids theclergytositasjudges 
 in any criminal causes. The Council of Auxerre more 
 particularly enjoins presbyters not to sitin judgment when 
 any man is to be condemned to die. The fourth Council of 
 Toledo allows not priests to sit judges in cases of trea- 
 son, oven at the command of the prince, except the prince 
 promised bel'orehand upon oath that he would pardon the 
 offence, and remit the punishment. If they did otherwise, 
 they were to be held guilty of bloodshed before Christ, and 
 to lose their order and degree in the Church. And the 
 eleventh Council of Toledo goes even further, refusing 
 them lay-coDimunion, until they were at the point of 
 death." 
 
 These quotations might be greatly multiplied, but they 
 must surely bo sufficient to prove tho broad distinction 
 between the duty of tho,Stat(! and the office of the Church, 
 at all lime-;, but especially when wars and rebellions, 
 which ilcni uid so large and awful an amovmt of bloodshed, 
 are eniiccrned. The great and glorious object of the divine 
 Head of tlie Church was " not to destroy men's lives hut 
 to save them." And if tho voice of His Church is to be 
 lifti'd up at all, with reference to the avenging sword of 
 earthly government, it would ssera to bo only when she 
 is prepared to mge, for Christ's sake, the blessed work of 
 peace and conciliation. If she may not, with i)ropriety, 
 do this, under the existing condition of our country, she 
 is at least bound to abstain from any act which would 
 make her a party in the mourufu! task of slaughter. 
 
 On the whole view, theretbre. which I have been able to 
 take of this deeply important question, I am ccnstraiued, 
 
 however reluctantly, to stand entirely aloof from th"? noyel 
 Uioveinent, which pledges the Church to the State iu its 
 merely political administration. To that, as individual 
 citizeus, we owe all lawful obedience and supp.rl. But 
 here, acting as Bishops in tho Church of Christ, we have 
 nori^ht to pass beyond the circle of our spiritual futictions, 
 nor to express any opinion, direct or indirect, upon the 
 measures of our secular government. 
 
 In the world, we are all ready to render unto Cysar the 
 things that are Cajsar's. In the Church, we must confine 
 ourselves to our higher duty of rendering unto God the 
 things that are God's. 
 
 The adoption of any other principle, in my humble 
 judgment, can only lead to strife and coufusion. For, if 
 wo claim the right to applaud the course of our secular 
 government when it pleases us, we must also cl lim the 
 right to condemn its mea-sures when they may happen to 
 be unacceptable. And the inevitable result must be that 
 th(( clergy would have the warrant of our example to 
 discuss every political movement in the House of God, and 
 thus degrade our high and spiritual standing to the tem- 
 poral uses of party and popular excitement. 
 
 In conclusion, I desire to say that I yield to no man in 
 my loyally as a citizen, in my attachment to the Federal 
 Union of the States, or in my deep sorrow that any event 
 should have occurred by which that Union could be en- 
 dangered or destroyed. But my duty as a citizen is one 
 thing, and my duty as a Bishop is another. By tlie first I 
 hold a relation to "the State, under the laws and tlie Con- 
 stitution. By the second, I hold, liowever unworthy, a 
 high office in the kingdom of Christ, which is not of this 
 world. And while I maintain a just allegiance to the 
 State, I am bound to maintain the infinitely more solemn 
 and sublime allejiiauce to my omnipotent Lord and Master 
 in such wise, that I may not confound the lines of demarca- 
 tion which He has placed between them. I claim no in- 
 fluence, however, for my humble judgment over any other 
 mind, and am perfectly aware that I am personally of too 
 little importance to expect it. But I am compelled to act 
 on my own conclusions of duty, knowing, as I do, that 
 they have been formed on the widest examination in my 
 power, against my personal sympathies and interest, and 
 solely from my conviction of their truth. I deny not the 
 same claim to conscientious sincerity, on the part of my 
 respected bi'ethren from whom I differ. I shall withdraw 
 myself from any participation in the Pastoral Letter, 
 with the kindliest feelings of fraternal .iffection towards 
 all my colleagues, without exception. And I trust, by 
 the mercy of God, that I shall be allowed to meet them 
 at a futm-e day, under happier circumstances, when we 
 may assemble together again in a true union of sentiment 
 and action. 
 
 JOHN H. HOPKINS, 
 
 £isluij) of Vermont. 
 
 New York. House or Bishops, 
 October 15, 1862. 
 
 THE PASTORAL LETTER REJECTED BT THE HOUSE OP BISHOPS. 
 
 For the first time, beloved brethren, since the separate 
 organization of our American Church, your Bishops are 
 called on to issue a Pastoral Address, under very mournful 
 and depressing circumstances. Our country, so lately 
 flourishing in prosperity and peace, lies bleeding under the 
 terrible affliction of the bitterest national warfare. Thou- 
 sands upon thousands have fallen upon the field of battle, 
 and no one can estimate the desolated homes, the broken 
 hearts, the misery of the widows and the orphans, the 
 poverty and wretchedness, tho woes and agonies, which 
 have marked the awful conflict. The Church of God, in 
 all our borders, mourns over the tremendous sacrifices of 
 the deadly strife, and beholds in tho sad spectacle of our 
 diminished numbers, ami the dark clouds which hang over 
 our future i)rogres8, the dreadful results of disunion. The 
 Lord of heaven and earth, whose chastening rod has been 
 so sorely laid upon us, is the only power on whose favor 
 we can depend for our deliverance, and we have sought, on 
 our appointed day of fasting, humiliation, and prayer, to 
 <leprecate His wrath and implore His mercy. May our 
 humble confession of sin be accepted at His throne of 
 grace. May our penitent supplications be answered in the 
 plenitude of His goodness, through the all-prevailing inter- 
 cession of that divine Redeemer who atones for the trans- 
 gressions and bears the sorrows of His people. And may 
 lie, in whoso hand are all the hearts of men, turn away 
 from us the bitter cup of our national calamities, and 
 restore the land to unity and peace! 
 
 On the political questions which have been, in the eyes 
 of the world, the instrumental causes of this mournful 
 conflict, your Bishops have no wish to enter. As citizens, 
 you have all formed yonr own conclusions on the secular 
 aspect of tho times, and with those conclusions it is not 
 our province to interfere. We address you as the chief 
 offlr.ei-s of the kingdom of Christ, which is not of this 
 world. Our divine JUaster, when His enonUes sought to 
 
APPENDIX. 
 
 491 
 
 entice Him into an avowal of His opinions on the right of 
 the Romans to hold Judea in subjection, rejecteil the temp 
 tation, and gave them the admirable and compreheujive 
 precept, '• Render uuto Ciesar the things that be Csesi.rs. 
 and unto God, the things that be God's." And the in- 
 spired S. Paul, faithfully following his Lord's examplo, 
 declined all expressions involving the character or the 
 measures of civil goverument, while he laid down, with 
 clear precision, the rule of Christian duty: "Let every 
 soul be subject to the higher powers. For there is no 
 power but of God. The powers that be are ordained of 
 God. Whosoever, therefore, fesisteth the power, resisteth 
 the ordinance of God: and they that resist, shall receive 
 unto themselves damnation." Here then we have at 
 once the warrant and the limitation of the doctrine, which 
 the Church has always maintained. As followers of the 
 blessed Apostles, we desire to tread in the same path, and 
 presume not, in the exercise of our solemn ofBce, to go one 
 step beyond them. Leaving, therefore, the secular aspects 
 of this awful wiir to statesmen and to politicians, to whom 
 they properly belong, we confine ourselves to the religious 
 character of our national afflictions, and proceed to place 
 before you the primary cause to which, according to the 
 principles of our sacred faith, we are compelled to ascrHje 
 the distracted condition of our country. 
 
 No truth is more plainly taught in the Bible than this : 
 that the nations of the world depend on the government 
 of heaven for all their peace, their honor and prosperity. 
 Their rise, their progress, their wars, their victories, their 
 decline, and their destruction, are all allotted to them by 
 the judgment of God, in accordance with the measure of 
 their loyalty to His government, or their rebellion against 
 His sacred law. " Righteousness exalteth a nation, but 
 eiu is the reproach of any people:" not always in the judg- 
 ment of the world, but in the judgment of Him who rules 
 the world, that glorious aud divine Redeemer, who has all 
 power, both in heaven and on earth, the King of kings, 
 the Lord of lords, the Almighty Master of the universe. 
 
 The government of earth is a divine institution, essen- 
 tial to the peace, good order, and civil rights of every 
 organized community. A loyal submission to it is tlitire- 
 fore enjoined by the Gospel as a branch of Christian duty, 
 and rebellion against its lawful authority is a gia against 
 the ordinance of God. But we know, from the history of 
 Israel, that the government of earth may set itself against 
 the government of heaven, to which it owes its own ex- 
 istence, and may thus incur the heavy chastisement of the 
 Almighty. We know that the chosen nation which wa.s 
 distinguished above all others by the favor of the Lord — 
 and amongst whom He had graciously established His 
 peculiar dwelling place — fell away from their spiritual al- 
 legiance, and forfeited all their glorious privileges. We 
 know that the revolt of the Ten Tribes against the lavrfiil 
 authority of Rehoboam was decreed by the express judg- 
 ment of the Most High ; in punishment of the idolatry 
 introduced by the wise and famous Solomon, through a 
 weak indulgence of his favorites. We know that this 
 heavy punishment failed to reclaim them, and that wars 
 and insurrections succeeded, through a long course of 
 years, until at length the inhabitants of Samaria were led 
 away into captivity, aud the same destiny was afterwards 
 appointed to rebellious JuOah, while both of these events 
 are recorded as the decrees of heaven on their iniquity. 
 And we know that after the temporary restoration of 
 Judah, their awful rejection of the Son of God was visited 
 by their extinction as a nation, and that the posterity of 
 Jacob have been for eighteen centuries scattered abroad, 
 without a country or a goverument which they could call 
 their own. 
 
 Nor is this the whole. The Bible declares that the fate 
 of all nations depends on the same divine appointment. 
 The Lord setteth up one, and putteth down another, accord- 
 ing to His righteous will, and prophecy and history concur 
 to prove the absolute power of His dominion. From the 
 whole, therefore, of this sacred record, given for the in- 
 fttruction of the Church to the end of the world, we learn 
 the solemn truth that rebellion against the government of 
 heaven may be fearfully chastised by rebellion against the 
 government of earth, and by every other form of human 
 calamity, in just fulfilment of the judgment pronounced by 
 the Almighty Himself on the sins of the nations. 
 
 No Christian man can doubt that such is still the prin- 
 ciple on which the Lord administers His government, and 
 such it must continue to the end, for God is the same, 
 yesterday, to-day, and forever. If we look at the changes 
 amongst the nations of Christendom in modern times, what 
 do we behold but war after war, rebellion after rebellion, 
 revolution after revolution, and no warrant for security or 
 stability to any government under heaven, because there 
 is no nation under heaven free from the plague of rebellion 
 against the supreme government of their Creator and Re- 
 deemer — the King of kings. 
 
 On these manifest grounds of Scripture and history, it is 
 easy to deterniiuu the religious aspect of our own uatiuual 
 
 calamities, and therefore we are compelled to recoguiza 
 the Divine judgment in the terrible scourge under which 
 our onco peacelul and uiiittd country now lies bleeding. 
 Rjiised by the hand of Oniuipotence to a stJite of marvel- 
 lous prosperity: placed high amongst the powers of the 
 earth by a career of advancement rapid and extraordinary 
 beyond all example since the days of ancient I^^rael ; the 
 hiime of liberty and equal rights; the a.sylum of the 
 exile, the persecuted, and the poor; the land of perfect 
 Christian toleration: what region in the world had so 
 many and such precious privileges conferred upon it by 
 the favoring Providence of the Almighty? And if we 
 have proved unlhanklul. ])roud. and iaithle--s, to,vi'.rds our 
 divine Benefactor; if we have given to our lieioes und our 
 statesmen the praise whi.jh was duo to Ilim; if we have 
 puLour trust not in His favor but in our own enterprise, 
 ana strength, and courage, and sagacity; if we have made 
 popularity and wealth the objects of our idolatry, and 
 taken the voice of tin- people insliMd of the voice of God; 
 if we have woi>li;| ;.' 1 o,ir |. .:iih .i i'- i t i;i!'.:i. while wo 
 despised and pi.i i ,: ..l leaven; 
 
 if even profe»>iii. Mi.t, ,:- i,: .u- miied to set 
 
 up a higher law lli.ui tlir liii l< . :ii;.l ■ -t iMi^i. ,i new terms 
 for the comnniniot], and machi th' ii inoilern notions of 
 philanthropy the rule for their brethren, against the plain 
 allowance of the inspired Apo.-«tles: if the great majority 
 of our men stood aloof from the Gospel in contempt of the 
 declaration of Christ when He said " He that is not with 
 Me is against Me ;" if the Lord's day was made a time for 
 wordly amusement, and His churches were neglected as 
 the houses of prayer, and only thronged when they were 
 used for political denunciation or theatrical display; if 
 infidelity and innuorality were n^warded with public 
 trusts and honors, aud the mass of the peijple lived as 
 if they had no God to .'>boy, no souls to save, aud no im- 
 mortid happiu(!ss to secure; if all this and much more of 
 bold and habitual 'rebellion against the government of 
 heaven could be truly laid to om- charge, why should not 
 the judgment of the Lord fell on o\vr nation, even as it had 
 on others, and cha-stcn us sorely for om- sins ? 
 
 And — painful as the a>.knowledgment must be — we can- 
 not deny the truth of the accusation. On the contrary, 
 beloved brethren, we are compelUd to udd yet more to the 
 reproach which the Redeemer may niist ju:stly lay upoa 
 our people. Rebellion against Ilim has laisid it's front 
 with brazen audacity, by direct assaults on Chri.stianity in 
 many quiirters. '' Oppositions of science, falsely so-called," 
 have been received with general approbation. Infidel 
 societies using tbe I-ord's day for meetings to denounce 
 and ridicule the Gospel, have become, in some cities, regu- 
 lar institutions. Necromancy, under the name of Spirit- 
 ualism, has run like wild fire through the laud, deluding 
 multitudes to condemn the Church, in all its varieties, as 
 the teacher of falsehood and superstition. The guar- 
 dianship of the Bible over the oath of oflBce has been 
 openly and altog(ither disclaimed, and the delegates of 
 polyg;imy, from the territory of Mormonism, are admitted 
 side by side with the members of our Congress. The 
 Chinese in San Francisco are even allowed to erect a pagan 
 temple to their id(d Buddha, thus publicly proclaiming to 
 the world that our n;ition, once supposed to be Christian, 
 is prepared to tolerate all the abominations of absolute 
 heathenism. Aud how have the laws of morality been 
 heeded in the oldest aud best established portions of the 
 land? Bribery in our elections, bribery in our legislatures, 
 briliery in Congress itself; frauds in public contracts, 
 falsehoods and deceits for party purposes, the rapidly 
 increasing recklessness of human life, and the fearful 
 growth of youthful licentiousness, — all concur to prove 
 our mournful degeneracy. Ala.s! rcljellion against the 
 governineut of God has been at work for years in our once 
 iavored country, and we have no reason to wonder that it 
 has at length brought down upon us the judgment of Ilia 
 righteous indignation. 
 
 We are far, however, from applying this statement to the 
 wholt;. We are well aware that many wise :uid thoughtful 
 men arc .M-attered throughout tli^' lainl who foresaw the ap- 
 proaihiu- danger, and rai.-.cd tluii- warning voice in vain. 
 We (i.ail't Hit tliat there arc thousands upon thousands 
 who could not be justly acfused of any share in the 
 prevaK'Qt dibiniuc my. 'But the character of nations, as 
 such, is di-teriuined, in the sight of God, not by tlTe com- 
 parative few, but by the immense majority. Aud linked 
 together a.s we are by our social connections in this present 
 life, it umst needs be, t<.-) a large extent, that the innocent 
 will suffer with the guilty. 
 
 The period in which we live, beloved brethren, is called 
 in Scripture " the last days " preceding the second advent 
 of the liOrd to judge both the quick aud the di'ad, aud we 
 confess, with sorrow, the application to ourselves of the 
 description set forth by S. Paul when he saith that "in the 
 last days perilous times shall come. For men shall be 
 lovers of their own selves, covetous, boasters, protnl, blits- 
 pUemous, disobedient to parents, imihauktul, uuholjr. 
 
492 
 
 APPENDIX. 
 
 ■Withont natural affections, trnf-e-brpiikers, false accusers, ' 
 iiicuiiUn.'Ut, liurrc.ae-iiisi'i-s of (lio.-e tli;il arc- good, traitors, 
 hiMily. hit;li-i'iiii<ltHl, luvois of plv.tsiuv more than lovers of 
 Gt.J,'liiivni(; a form of godliucss, but deiiyiug the power 
 thereof" (2 Tim iii. 1-0 ) 
 
 All this, sad as it is, lias been mournfuUj exemplified in 
 tlie growing dt'Sineraey of Christondoni, and we have 
 traced it to a larije extent, in the condition of our own 
 land. But whiles wo ciMife.is, with hniuility and eoiitritiou, 
 our share In tli^' general dediMision of our age and country, 
 we iK'sire tn ri'iiii(>r our fervent thank.sgiving to God that 
 the iiriD<iiilis of th(r Cliunih nre the same as ever. Pre- 
 eervid to ns, tliroiinh the special blessing of His Pro\i- 
 tience, bv that primitive and Scriptural Liturgy in which 
 we ii'^ver iai) to hear thi! pure instructions of His Word, 
 and in all of whose regular offices we have the conj^ant 
 recurrence of the primitive creeds to guard our faith, and 
 the prayers of the ancient saints and martyrs to guide our 
 devotions, we enjoy the inestimable privilege of a high and 
 holy standard (it -played continually before our eyes to 
 keep us ill the p.itli of divine truth, and protect us against 
 the errors of popular delusion. 
 
 As individuals, we deny not our liability to be affected 
 by the spirit of tlie ag.> We deny not our pcrson.al de- 
 fects. We seelv not to exteiuiate or excuse our personal 
 transgressions. We claim no superiority to ourselves over 
 other Christian men. in wisdom, strength, or piety. But 
 we acknowledge, with humble gratitude to our Almighty 
 Loid and Master, the superior advantages which He has 
 bestowed upon us, in the system of His Apostolic Church, 
 and to that, through Tlis blessing, we si-scribe the precious 
 peculiarity of our position, in relation to our present 
 national calamities. 
 
 The doctrine of the Church proclaims complete and 
 unswerving allegiance, first, to the divine Redeemer who 
 lias all power iii heaven and in eartt\, and secondly, to the 
 government under which His Providence has placed us. 
 With re.spect to tliis we have already cited the language of 
 the inspired Apostle : " Let every soul be subject to the 
 liigher pcwi'is, for there is no power but of God; the 
 powers that be are ordained of God Whosoever, there- 
 fore, resisteth the power, resisteth the ordinance of God, 
 and they that resist shall receive to themselves damna- 
 tion." Nongovernment on earth could frame so sure a 
 guaranty o't loyalty. 
 
 These" principles, delivered to us from the Holy Spirit, 
 have always been, and we trust will always be, tlie stand 
 ai-d of tlie 'Clnuch. They are tiie only unfailing wavniiit of 
 tliathigh Cli!i.-,tian allegiance which i'ests obedience to the 
 lawful authority r.f en iii n|'on the paramount duty of obe- 
 dience to the supiciiie ::i:ihoiity of heaven. The Church 
 knows nothing oflicit ilelii>i\e ■•higher law," which pre- 
 sumes to set at n:Hi,;lit tiie [ilain instructions of the Word 
 of God, in subservit iico to a weak and visionary philan- 
 thropy. Faithi'ul lo the Constitution of His government, 
 as contained in the holy Scriptures, faithful to the letter 
 and the spirit of tlie Constitution of the land, faithful to 
 the decisions of the Fedeial tribiin;ils which that Constitu- 
 tion ha.s eslablislnd, the I'liunh stands pie-eminent before 
 the world, not in niinibers. and far less in the work of 
 party strife or political agitation, but pre-eminent neverthe- 
 leS3,"as the Church I'f unity and peace, of law and order. 
 We speak not of all its nnra'.iers. K.xceptions the'oare, 
 and must be, to every general rule. But we can confidently 
 B;iy — iiiid weblei^s II'hI i'.n il — tliatas a whole, these are the 
 principles which lia\c uiiid,.! .iur course. Our clergy have 
 lulfilled their sncie I uiVuf hi p, caching Christ and Him 
 crucified, without, f. Ilin- inle the dangerous error of mix- 
 ing politics with religion. Our laity have desired no min- 
 ister of God to entei lain them wiih party diatribes instead 
 of theGospcl. Our Conventions have adopted noiesolul<(on 
 that was foreign to tn" proper duty of the Church. And 
 notiandid and intclli-iit n.iiel can .l,.,ilit that if every 
 other religious bod \ m il.c imicd State, had li-eii governed 
 by the same prin.ii.ie^. and bad adheic! with equal fhielily 
 to the Word of God, we should at least have been eaved 
 from the miseries of this mournful war. and been allowed, 
 for many years, to eujoy the temporal blessings of peaceful 
 and fraternal union. 
 
 Your Bishops, beloved brethren, in compliance with your 
 express desire, )iioceed, in conclusion, to address a few 
 wordslif affectionate and pastoral counsel to till the clergy 
 and the laity, wlio are jilaced, by the Itiw of the Church, under 
 their official supervision. 
 
 To the clergy wo would strongly recommend the firm 
 adherence to the same course, which wo r(>)oice to say they 
 have thus far gonerally pursued, and which is laid down, 
 with such solemn plainness, in the office of Ordination. 
 ■You cannot, reverend brethren, maintain your proper in- 
 fluence over your flocks, by descending from your high and 
 *acred position as the ministers of Christ, in order to gratify 
 the political feeling of the day, or by lowering the spirit- 
 ual dignity of the sacred desk, under any pretext, to the 
 level of a secular platform. As citizens of oui- great Re- 
 
 public, yon are as free as all others to form and expreea 
 your individual opinions. But take heed, we pray you, how 
 you exercise even this liberty, to the prejudice of yoursub- 
 limo vocation. Remember that you are bound to be the 
 ambassadors of Clu'ist. And, in humble imitation of His 
 example, let no earthly strife and no promise of earthly ad- 
 vantage draw you away from the great warfare against sin, 
 the world, and the devil, or from the steadfast labor of 
 making a rebellious generation liiy to heart the supreme 
 necessity of securing the kingdom of God and His righte- 
 ousness, by the submission of their souls to their gracious 
 Redeemer. In gentleness, in meekness, going in and out 
 amongst your people, sympathising in their joys and espe- 
 cially in their sorrows, instructing tho ignorant with patient 
 kindness, guarding and teaching the young with solicitous 
 afl'ection, rebuking sin with mild firmness, preaching in 
 public, with all authority, the terrors of the law, and the 
 surpassing lovo and mercy of the Gospel, and showing, in 
 all your deportment, that your own liearts are set upon the 
 glorious inheritance of immortality, you will be enabled, 
 by the blessing of God, to makefuH proof of your ministry, 
 and in despite of all your difficulties and discouragemeDte, 
 the pleasure of the Lord will prosper in your hand. 
 
 To our beloved brethren of the laity we would say that 
 the success of all ministerial work, and the pure consistency 
 of all ministerial character, must depend, to a large extent, 
 on your faithful co-operation. We are all men of like pas- 
 sions with yourselves, and you cannot expect us to be en- 
 tirely exempt from the influence of social opposition, or 
 social sympathy. forget not that theChnrch is instituted 
 for you and ynir children, tint the clergy are ordained to 
 be your servants for Jesus' sake, that it is for you they pray 
 and study and labor aad toil, in order lightly to divide the 
 word of truth, and give to each his portion in due season. 
 Tempt them not, we beseech you, to leave their sacred 
 office, in the service of worldly strife, or political agitation. 
 Sustain them in their proper work by a punctual and rev- 
 erent attendance on their miiiistiatious. Set to your fami- 
 lies, and especially to your sons, the pure example which 
 you know they ought to follow, and fall not into tlie too 
 common error of supposing that a 'trifling coiitiilmtion to 
 the treasury of the Church is enough for the worship of 
 God, while 'the whole practical inlluence of your life is 
 openly given to tlie worship of >Inmi;ion. 
 
 Wo lament the sad decline of the Missions of the Church, 
 both foreign and domestic, since the coramencenjent cf onr 
 national troubles. But is this consistent with Christian 
 piineiple? Doubtless the burdens of public necessity are 
 heavy, and your Bishops are ready to applaud the Zealand 
 generous liberality with whicli you, our brethren of the 
 laity, have so well sustained them. Yet, although the dis- 
 play of your pitiiotic feeling is worthy of commendation, 
 and tlie'universal eft'ort to supply the wants and alleviate 
 the sufferings of the army, is especially deserving of all 
 praise, v.o would aflectionately awk you whether these du- 
 ties should be allowed to diminish the slender supprrtof 
 your ministers, or the missionary enterprises of the Church 
 of God? Shall the soldiers of the Republic be tenderly 
 supported, and shall the soldiers of Christ be neglected or 
 forgotten? We do not sec that the pressure of the times 
 prevents the lavishing of a counthss amount upon worldly 
 pleasure atjd amusement, and shall that pressure be an 
 apology for lessening the support of the everlasting Gospel? 
 Surelyi surely, these things ought not so to be. The salaries 
 of the clergy should rather be increased in proportion to 
 the increased p';ice of the necessaries of life, and all the 
 missions and institutions of the Church should be sustained 
 more zealously than ever, for the very reason that the dis- 
 cipline of the Lord is resting on the land in punishment of 
 our iniquities. For this proof of your devotion would go 
 far to sliow your earnest desiie to deprecate His wrath, and 
 invoke His meicv, and would manifest yiair sincerity in the 
 acknowledgment that the s.ifety and prosperity of our gov- 
 ernment on eartli depend on the blessing of that Saviour 
 wild is the Sujirome Governor of earth and heaven. 
 
 We have only to add the expression of our humble and 
 fervent hope that His goodness will be displayed in the 
 speedy restoration of pe:ice and unity, that our national 
 distractions will cease, and that the terrible conflicts and 
 sufferings of this tremendous warfare will prove to be, nota 
 judgment sent to destroy our national Government, but a 
 salutary chastisement from His fulurly baud, to pc.nfy us 
 from corruption and impiety. We trust that it will impress 
 upon the great body of otir people the solemn truth, wliich 
 so many profess while so few r(!alizo it, that the favor of 
 God is essential to our earthly prosperity, and that reiiellion 
 against the authority of heaven is sure, sooner or later, to 
 call down His righteous wrath and indignation. Happy 
 shall we be if the inhabitants of our land, admonished by 
 this severe discipline, submit themselves to the diviuo Re- 
 deemer, with deep repentance for their past transgressions 
 of His laws, and with earnest resolutions of obedience, in 
 faithful reliance on His grace for the time to come. Happy 
 if we remember tJiat fleets and armies can bo no effectual 
 
APPENDIX. 
 
 493 
 
 snbstitute for the favor of the Lord of hosts. Ilnppy if we 
 truly learn that the hf;irts of men i'.re in the hind of God, 
 and that He alone can preserve ourcountiy in the enjoy- 
 ment of peace and unity. 
 
 And now, beloved brethren, we bid you, one and all, an 
 affectionate farewell. May the blessing of the A)nii?:Uty 
 accompany you to your homes, and protect you and yoiirs 
 from every danger. May you all — clerpry and laity — the 
 teachers and the taught — be guided by the sacred rules of 
 living faith and grateful obedience, under the banner of that 
 Saviour whose name is love. My every soul contribute by 
 his personal example to mak? the Chuich ofClirist a burn- 
 ing and a shining light, in the d.ukness of a sinful worlil. 
 And may we all bo united in the advancement of her sacred 
 mission, proclaiminjr, with one heart and voice, " Glory to 
 (!od in the highe<t, and on earth peace, good will to men!" 
 
 HKPLY UF PKE.SIDENT LINCOLN TO THE PASTORAL 
 LETTER. 
 
 Right Revekexd and De.irSir: The copy which you sent 
 me of the " Pastoral Letter of the Bishops of the Protestant 
 Kpiscopal Church in the United States of America,'' has 
 been subm ttcd to the President. He authorizes me to 
 ussui'e you that ho receives with the most grateful satisfac- 
 tion the evidences which that calm, caudid, and earnest 
 paper gives of the loyalty of the very extended religious 
 communion over which you preside, to the Constitution and 
 Government of the United States. I am further instructed 
 to say that the exposition which the highest ecclesiastical 
 authority of that communion has given in the Pastoral let- 
 ter, of the intimate connection which exists between fer- 
 vent patriotism and true Christianity, seems to the President 
 equally seasonable and unanswerable. Earnestly invoking 
 the Divine blessing equally upon our religious and civil in- 
 stitutions, that they may altogether safely resist the storm 
 of faction, and continue' hereafter, a.s heretofore, to sustain 
 andinvigorate each other, and so promote the common wel- 
 fare of maikiud, I have the honor to be, right reverend and 
 dear sir, faithfully youi-s, 
 
 WILLIAM II. SEWARD. 
 To C. P. MclLVAlSE, D. v., D. C. L. 
 
 PROTESTANT EPISCOPAL CONVENTION OF THE DIO- 
 CESE OF PENNSYLVANIA. 
 
 At Pittsburg, May 26, 1864: 
 Ersrilverl, That we hereby declare our unfaltering allegiance 
 to the Government of the United States, and that we pledge 
 it our willing devotion and service; and that, as a body of 
 Christians, we will ever •' pray that in Gods own time and 
 way this rebellion may be put down; that oppression and 
 slavery in all its forms may be done away; that freedom of 
 body ,auil mind, political and religious, may everywhere pre- 
 vail ; that the emancipated negroes, whom God, in Ills prov- 
 idence, is committing to our care, may be the objects of our 
 liberal and Christian regard and instruction ; that war may 
 soon cease throughout all our borders, and that our now 
 lacerated country may again be so united that from the 
 lakes on the North to the Gulf on the South, and from the 
 Atlantic to the Pacific, there shall be byt one Union, one 
 Oovernment, one flag, one Constitution, the whole culmina- 
 ting in that higher glory which sliall make this nation 
 Emanuel's land — a mountain of holiness and a dwelling 
 place of righteousness." 
 
 This resolution w.as adopted as a substitute — 
 -yeas 125, n;iys 93 — for these, (the latter ofFeved 
 by Rev. Dr. Goodwin, of Ptiiladelphia; the 
 firmer by llev. Mr. Van Deusen, of Pittsburg :) 
 
 Whereas there exists in this country organized and 
 armed rebellion, who.se pui-pose is the destruction of our 
 national Union and the perpetuation of negro slavery; and 
 wlierea.s tlii.s rel'ellion has more and more assumed a char 
 a:ter of liarijarous i'an.aticism and murd.?rous ferocity, on 
 the part of the enemies of the nation; therefore, in view of 
 tile cause and char.icter of the struggle, 
 
 ifc'i.'tvi?. That tliis convention of the Protestant Episco- 
 pal Church, in the diocese of Pennsylvania, as a body of 
 'Christian men, pledge the Government of our country our 
 prayers, syuip.itliy, and support in this war for existence, 
 Uni.in, liberty, and peace. 
 
 Rexolved, That the authors and abettors of this rebellion, 
 wherever they are found, are alone guilty of all the blood- 
 shed and de-solation on either side, entailed upon the North 
 and South, now or hereafter. 
 
 Resolved, That, in the long delay of success in crushing 
 this monstrous rebellion, we see wonderfully manifest the 
 hand of God, training by Uis severest chastisements this 
 reluctant people to do justice and show mercy to a long- 
 oppressed and outraged race. 
 
 Resolved. That, under the present circumstances, the 
 National Government, whether executive, legislative, or 
 judicial, is, in our judgment, solemnly Ixnuid to use all its 
 power and emplny every anllnMized ami constitutio) al 
 means for the sim- !> ml t • I ilcdition of slavery tlirough- 
 out ihe land, ami li, i -, freemen and Christians, 
 
 we shall hail will i : _! iiess and devout gratitude 
 
 to God the day oi ii^ ini.n <■ ountion. 
 
 Subsequently, the preanib'e above recited 
 wa> pirtixed to the resolution adopted; and 
 the resolution and preamble adopted with but 
 one dissenting vote. 
 
 PROTEST OF PENNSYLVANIA EPISCOP.VLTANS 
 AGMN.^T BISHOP UOPKINS'S DEFENCE OF 
 SOUTHERN SLAVERY. 
 
 The subscribers deeply regret that the fact of the exten- 
 sive circulation tliroughnit this Diocese of a letter by 
 
 the Diocese of Vermont," 
 npols them to noake this 
 vinee to mix in any po- 
 ■ f Christ, in the Protea- 
 I li :ii to deny any com- 
 
 " John llenrj' II i 
 in defence of Sciiii 
 public protest. 1 i 
 litical canvass. I; 
 tant Episcopal Chi 
 plicity or sympatli 
 
 This attempt; not'oiily I -; i slavery in the ab- 
 
 str.act, but toadvocate it ^ ~ ii \i i m ; liecotton States. and 
 in States which ."iell men an I w.im. n in ilie open market as 
 their staple product, is, in their jadi;mont. unworthy of any 
 servant of .Icsus CI. list. As an elVort to t,u,-t.iin, on lUlOa 
 principles, the States in rebellion ag.iiust the Government, 
 in the wicked attempt to establish hy force of arms a ty- 
 ranny under the name of a republic, whose "corner-stone" 
 
 shall be the perpetual bondage of 
 
 he African, it challenges 
 
 their indignant reprobation. 
 
 
 PUILADELPHIA, Sejilfiubo; 1S63. 
 
 
 Alonzo Potter, 
 
 George A. Latimer, 
 
 John Rodney, 
 
 R. Helper Newton, 
 
 E. A. Wash burns, 
 
 John C. Furey, 
 
 Peter Van Pelt, 
 
 Charles A. .Maison, 
 
 H. W. Ducac let, 
 
 Charles W. Uuick, 
 
 John S. Stone, 
 
 II. T. Wells, 
 
 George Leeds, 
 
 D. C. Millett. 
 
 Richard D. Hall, 
 
 J. W. Leadenhara, 
 
 Joseph D. Newlin, 
 
 Jacob M. DoUiihiss, 
 
 B. Wistar Morris, 
 
 R.A.Card-n, 
 
 Daniel S. Miller, 
 
 R. C. Matlack, 
 
 Kiut-ston Goadard, 
 
 L. -Ward Smith, 
 
 Phillips lirooks. 
 
 Samuel E. Appleton, 
 
 Addison B. Aikins, 
 
 William J. Alsten, 
 
 Herman Ilockcr, 
 
 John Adams Jerome, 
 
 Benjamin Watson, 
 
 Joseph A. Stone, 
 
 Edwr.vd L. Lycett, 
 
 Albra Wadleigh, 
 
 Lewis W. Gibson, 
 
 W. S. Perkins, 
 
 R. W. Oliver, 
 
 Francis E. Arnold, 
 
 Henry Brown, 
 
 George H. Jenks, 
 
 W. R. Stockton, 
 
 William S. Heaton, 
 
 Edward A. Foggo, 
 
 Robert B. Peet, 
 
 Thomas S. Yocum, 
 
 John Reynolds, 
 
 Benjamin Dorr, 
 
 William Hilton, 
 
 Jehu C. Clay, 
 
 Washington B. Brben, 
 
 William Suddarda, 
 
 Benjamin J. Douglass, 
 
 D. R. Goodwin, 
 
 John Ireland, 
 
 M. A. DeW. Howe, 
 
 D C.James, 
 
 Henry S. Spackman, 
 
 E N. Potter, 
 
 James -lav, 
 
 W. 11. D. llatton. 
 
 John A. ( hilds. 
 
 Thomas W. Martin, 
 
 Thomas C. Yarn.all, 
 
 Frederick W. Beasloy, 
 
 Edward Lonndsiieiy, 
 
 Jo:,n P. Lundy. 
 
 Henry M. St, .art. 
 
 George A. Crooke, 
 
 J. Gonlun Maxwell, 
 
 Richardson Oraliam, 
 
 John A. V.uighan, 
 
 E. S. Wat.son, 
 
 Charles D. Cooper, 
 
 Samuel Edwards, 
 
 WillM.ri.'. P..ldock. 
 
 George A. Durborow, 
 
 Thomas Crumptou, 
 
 Joseph R. Moore, 
 
 George- D. Miles, 
 
 Thomas B. Biirker, 
 
 B. n. KilliU.'llv, 
 
 S. Tweedale, 
 
 Alexan.l.r M. j.eod. 
 
 Mai ens A. Tolmnu, 
 
 Lei:,'liton Col.-mau. 
 
 John H. Drumra, 
 
 Richard Smith, 
 
 S. Newton Spear, 
 
 J, Isador Momhert. 
 
 Louis C. Newman, 
 
 Joel Rudderow, 
 
 Edward C. Jones, 
 
 Archibald Beatty, 
 
 E. W. Honing. 
 
 C. A. L. Richards, 
 
 Samuel Durliorow, 
 
 George A. Strong, 
 
 C. C. I'ark<r, 
 
 Gustavus M. Murray, 
 
 Ilenrv Pmdon, 
 
 George W. Shinn, 
 
 Benjaniiii II. Abbott, 
 
 Samuel Hall, 
 
 John H. Mar.sden, 
 
 George G. Field, 
 
 Siimuel a. DHlrympla, 
 
 Eeese C. Evans, 
 
 Alfred Elw^n, 
 
494 
 
 ATPENDIX. 
 
 Robert 0. Chase, 
 Siimuol llnzk'lnirst, 
 Kdwin N. Liglituei', 
 David C. Page, 
 John Croinlish, 
 ■ySilliain Preston, 
 George Slattery, 
 Francis J. Clorc, 
 Rol)ert J. Parvin, 
 llichard Newton, 
 G. Kinlen Ilare, 
 W. \V. Spear, 
 n. J. Morton, 
 I'liomas II. Oiillpn, 
 J. McAlpin llanUng, 
 ■NVilliam Ely, 
 Marlson Byllesby, 
 J. Livingston Keese, 
 Augustus A. Marple, 
 B. T. Noakes, 
 D. Otis Kellogg, 
 Daniel Wasliburn, 
 Samuel E. Smith, 
 Treadwcll WaMen, 
 Herman L. Duliring, 
 Charles M. Dupuy, 
 John II. U ibcoclc, 
 Anson B. Hard, 
 
 Ja:nes W. Robins, 
 Gtorge IJrin-^liurst, 
 ( harlris W Diiane, 
 George B AUiii'-ou, 
 Joseph N. Mulford, 
 Jaiues DeW. Pei ry, 
 Thomas U. Clemson, 
 ]b"raiici.s D. Hoskius, 
 William P. Lewis, 
 J . L. Uevsinger, 
 John Long, 
 Ormes B. Keith, 
 William N. Dichl, 
 William V. Feltwell, 
 John Lcithead, 
 George C. Drake, 
 Peter Russell, 
 Roberts Paul, 
 George Kirke, 
 Henry B. Bartow, 
 John K. Murphy, 
 J. V. Old, 
 John Tetlow, 
 J. C. Laverty, 
 Ch.irles lli!;bee, 
 William Wright, 
 S. T. Lord, 
 Charles 11. Hall. 
 
 The names of Rowland Hill Brown, J. A. 
 Harris ar.d Edmund Leaf, were subsequently 
 authorized to he affixed, making 167 iu all. 
 
 METHODIST EPISCOPAL. 
 
 GENERAL CONFERENCE OF 1860. 
 
 May 1— The body met in 15uffi\lo, N. Y. 
 
 May 2— The following Committee on Slavery 
 was appointed: Calvin Kingsley, Daniel Wise,. 
 Joseph Brooks, Nicholas J B Morgan, Isaac 
 S. Bingham, Edward Bannister, Michael Mar 
 lay, Hmim M. Shaffer, James S. Smart, George 
 Hildt, John M. Reid, Ammi Prince, James M. 
 Fuller, Peter Cartwriglit, Haydtn Hays, Thom- 
 as E. Corkhill, Levin B. Dennis, William H. 
 Black, Charh'S C. Cone, Resin Sapp, Benjamin 
 P. Crary, Joseph H. Hopkins, John S. Porter. 
 Erastus 0. Haven, Lorenzo D. Barrows, Sam- 
 uel Y. Monroe, Morris D'O. Crawford, Daniel 
 Curry, John B. Birt, John P. Kellam, Richar.l 
 Hargrave, James M. Jameson, Daniel W. Bris- 
 tol, Alvin F. Waller, Andrew Magee, Penuel 
 Coombe, Charles A. Holmes, Luke Hitchcock, 
 Fernando C. HoUidiiy, William Cliffe, Andrew 
 Witherspoon, John C. Ayers, Andes T BuUard, 
 James Drummond, John L. Williams, Wesseu 
 G. Miller, John J. Pearce. 
 
 May 16 — Mr. Kingsley, from the majoritv, 
 made a report, concluding with these resolu- 
 tions : 
 
 Resnlved, 1. By the delegates of the several Annual Con- 
 ferenc-t'S iu (ii.-neral Conference assembled, that we recom- 
 mend the am.ndment of the General Rule on Slavery, so 
 that it shidl read: "The buying, selling, or holding of men, 
 women, or children, with an intention to enslave them." 
 
 2. 'i'hat wo recommend the suspension of the 4th Re- 
 Btrictive Rule, for the purpose set forth in the foregoing 
 resolution. 
 
 3. By the delegates of the several Annual Conferences 
 in General Confei-ence assemldod. that the following be and 
 hereby is substituted iu the place of the seventh chapter 
 
 Quextion'. What shall bo done for the extirpation of the 
 evil of slaverj' ? 
 
 Answer. We declare that we are as much as ever con- 
 vinced of the great evil of slavery. We believe that the 
 buying, selling, or liolding of human beings as chattels is 
 contrary to tli'e laws of God and nature, Inconsistent with 
 the Golden Rule, and with th.at rule in our Discipline 
 which requires all who desire to remain among us to " do 
 no harm, and to avoid evil of every kind." We, therefore, 
 affectionately admonish all our preachers and people to 
 keep themselves pure from this great evil, and to seek its 
 extirpation by all lawful and Christian means. 
 
 Mr. Porter, from the minority, mndc a re- 
 port, concluding with these resolutions: 
 
 lifsojved, 1. That the Methodist Episcopal Church has in 
 good faith, in all the periods of its history proposed tu 
 itself the question, " What shall be done forthe extirpation 
 of ("he evil of slavery?' and it has never ceased openly 
 before the world to bear its testimony against the sin, and 
 to exercise its disciplinary powers to the end tl*it its me:n- 
 bcrs might be kept un.spolted from criminal connoctifm 
 with the system, and that the evil itself be removed fr«);»j 
 among us. 
 
 2. That any change of our Discipline upon the subject 
 of slavery in the present higlily excited condition of the 
 country would acconipli.-h no good whatever, but, on the 
 contrary, would seriously disturb the peace of our Church, 
 and would be especially disastrous to our ministers aud 
 members in the slav^ states. 
 
 3. That the Committee on the Pastoral Address be in- 
 structed to state our position iu relation to slavery, and to 
 give such counsel to our Chiurches a« may be suited to the 
 necessities of the case. 
 
 May 24 — John P. Durbin, for himself, Henry 
 W. Reed, John C. Ayers, and Philo E Brown, 
 presented a substitute, concluding with this 
 preamble and resolutions : 
 
 Seeing, then, that our uniform testimony, and our prac- 
 tice also, have been opposed to the traffic iu slaves, and that 
 the spirit of the provision in the Discipline is, ami has been 
 0)iposed to sliiveholding for selfish or mercenary purposes, 
 and that we have faithfully borne this testimony and ap- 
 plied these provisions in the administration of Discipline 
 as fiir as a due regard to the laws of t)ie several states have 
 permitted in which the cases have ar.sen; therefore, 
 
 1. lirsiilced. That the administration of Discipline should 
 be made faithfully to conform to tbe foregoing declaration 
 of principles, so far as the laws of the several states will 
 permit in which the cases may arise. 
 
 2. That in view of the cleir declaration of principles 
 and advice in regard to the administration of Discipline, as 
 set forth iu the preceding report and resolution, wejudiC 
 that great moderation should be observed iu the public 
 discussion of this subject, constantly maintaining the true 
 anti-slavery position of the Church. 
 
 Ou motion of Daniel Curvy the last named 
 substitute was laid ou the table — yeas, 135 ; 
 nays, 85 — as follows : 
 
 Yba.s— Abbott, Armstrong, Ayers of Del.aware, Baker of 
 Black River, Baker of Erie, Barrows, Beach, Bennett, 
 Bigelow, Bingham, Birt, Bixby, Blades, Blake, Bristol, 
 Brooks of Arkansas, Brooks of Minnesota, Browii of New 
 York, Brown of Providence, Bruce, Brunson, BuUard, 
 Carpenter, Chapin of Erie, Chapin ox New England, 
 llarke of Erie, Clark of New York, Coil, Colclazer of 
 North Indiana, Cone, Connell, Cooke, Corkhill, Cowles, 
 Crary, Crawford, Crews, Curry of New York East, Dean, 
 Dempster, Dennis, Dunn of Troy, Dunning, Eddy, Erwin, 
 Fillmore, Floy, Uavitt, Gillett, Golden, Goodwin, Gosa, 
 (irillin of TroV, Griswold, Ilaney, Hare, Hargrave, Harris, 
 narrower, lla'tLh, llatlield. Haven, Hays, Uelmershausen, 
 llibbard, Hill, Hitchcock, Hobart, Hodgson, llolliday, 
 Howard, Ilulburd, Jacokes, Jasper, Keelcr, Kellam, Kings- 
 !,'V, Lamloii, Leihy, Leslie, Locke, Magee, Marlay, Mather, 
 MKiustry, Merrick, Merrill, Miller, Mitchell of Cincinnati, 
 Mitrlii'll of Pittsburgh, Monson, Moody, Mulflnger. Mun- 
 s.ll, Nash, Nast, Nuhfer, Nutt, Olin, Pearce, Penfield, 
 Pike, Foe, Porter of New England, Prince, Raymond, 
 lleddy, Reid of East Genesee, Russel, t^app, Shaffer, Smart, 
 Smith of Cincinnati, Smith of Indiana, Spraguc, Stallard, 
 Stanton, St, irks, D., Starks, H. L., Stearns, Sioughtou, 
 Thomas of Wisconsin, Tllolll^on of North Ohio, Thurston, 
 Torsey, Townseiid, Tiinible, Twonibly, Webster, Whedon, 
 Whiteman, \\ illiauis. Wise, Witherspoon, Youiig — 136. 
 
 N.w.s — Ayers of Upper Iowa, Bannister, Barth, Bat- 
 telle. Black, Brij:y:s, Brown of East Baltimore, Brown of 
 New Jersey, Brown of Upper Iowa, Cartwriglit, Castle, 
 Clafk of Pittsburgh, Clilie, Coklazer of Philadelphia, 
 Coombe, Cooper, Corringlon, C.ox, Crane of Illinois, Crane 
 of Newiirk, Curry of Kentucky, Davidson, Day, Dmin- 
 mond, Durbin, Ellison, Ferris, Fuller, Goo<le, Oriffen of 
 New York, Griffith, Guyer, Hiunmond, Hildt, Holdich, 
 Holmes, Hopkins, Hoyt, Hughes, Hunt, Hunter of Peoria, 
 Hunter of Western Virginia, Jackson, Jameson, Johnson, 
 Kiger, Kuhl, Martin, Mitchell of East Baltimore, Monroe, 
 Morgan, Murphy, Nelson, Norris, Osbon, Parsons, Vearne, 
 Peck, Petty, Porter of Newark, Power, Prentice, Rood of 
 Cincinnati, Reed of Upper Iowa, Robinson, Rutledge, 
 Sargent, Sewall, Shumate, Sheer, Smith of Genesee, Smith 
 of Northwestern Indiana, Street, Thomas of California, 
 Thompson of Philadelphia, Tippett, Travis, Tuttle of East 
 
APPENDIX. 
 
 495 
 
 Genesee, Tuttlo of Newark. Van Cleve, Veitch, Vincent, 
 Wulier, Wilson, Wood— SO. ' 
 
 Way 2y — The Majority Report was voted on. 
 The first resolution — r quiring two-thirds — 
 was lost — yeas 138, nays 74, as follows: 
 
 Yeas — Abbott, Armstrong, Ayers of Delaware, Bain, 
 Baker of Black Kiver, Baker of Erie, Bairows, Barlli, 
 Beach, Bennett, Bigelow, Bingham, Birt, Bixby, Blades, 
 Bl:ike, Bristol, Brooks of Minnesota, Brown of New York, 
 Brown of Providence, Bruce, Brunson, Bnllard, Carpenter, 
 Chapin of Erie, Chapin of New England, Clarke of Erie, 
 Clark of New York, Coil, Colclazcr of North Indiana, 
 Cone, Conuell, Cooke, Corkliill, Covvles, Crary, Crawford, 
 Crews, Curry of New York East, Dean, Dempster, Den- 
 nis, Dunn of Troy, Dunning, Eddy, Erwin, Ferris, Fill- 
 more, Floy, Qavitt, Gillett, Golden, Goodwin, Goss, (irifHu 
 of Troy, Griswold, Haney, Hare, Harris, Harrower, Hatch, 
 Hatfield, Haven, Hayes, Helmershausen, Hibbard, Hill, 
 Hitchcock, Hob.irt, Holliday, Howard, Hnlburd, Hunter 
 of Peoria, Jacokcs, Jasper, Johnson, Keeler, Kelbim, 
 Kiger, King, Kingsloy, Landon, Leihy, J^eslie, Locke, 
 Jiagee, Marlay, Mather, jri\instry, Merrick, Merrill, 
 Miller, Mitcliell of Cinriimati. Milchell of Pittslnir^'h. 
 Monson Moody, Mulliii:;c:-, MuM^;ell, Nash, Nast, Nelson, 
 Nuhfer, Nutt, Olin, P.- arc, Penlidd, Pike, Poe, Porter 
 of New England, Prince, Itaymond, Reddy, Roid of East 
 Genesee, Russell, Sapp, Shaffer, Smart, Smith of Cincin- 
 nati, Smith of Indiana, Sprague, Stallard, Stanton, Starks, 
 D., Starks, H. L., Stoughton, Thomas of Wisconsin, Thom- 
 son of North Ohio, Thurston, Townsend, Trimble, Tuttle 
 of East Genesee, Twonibly, Webster, Whedon, Whiteman, 
 Williams, Wise, Witherspoon, Young — loS. 
 
 Nats— Ayers of Upper Iowa, Bannister, Battelle, Black, 
 Briggs, Brown of East Baltimore, Brown of New Jersey, 
 Brown of Upper Iowa, Carlton, Cartwright, Castle, Clark 
 of Pittsburgh, Cliffe, Colclazer of Philadelphia, Coombe, 
 Cooper, Corrington, Cox, Crane of Illinois, Crane of New- 
 ark, Curry of Kentucky, Davidson, Day, Drummoud, 
 Durhiu, Ellison, Fuller, Goodo, Griffen of New York, 
 Griffith, C.uyer, Hammond, Hildt, Hodgson, Uoldich, 
 Holmes, Hopkins, Uoyt, Hughes, Hunter of Western 
 Virginia, Jackson, Jameson, Kuhl, Martin, Mitchell of 
 East Baltimore, Monroe, Morgan, Murphy, Norris, Osbon, 
 Parsons, Pearne, Peck, Petty, Porter of Newark, Power, 
 Prentice, Reed of Cincinnati, Reed of Ujiper Iowa, Robin- 
 eon, Rutledge, Sargent, Sewall, Shumate, Slicer, Smith of 
 Genesee, Street, Thomas of California, Thompson of Phila- 
 delphia, Tippett, Travis, Tuttle of Newark, Van Cleve, 
 Veitch, Waller, AVilson, Wood— 74. 
 
 Absent — Brooks of Arkansas, Hargrave, Smith of North- 
 western Indiana, and Torsey. 
 
 The second resolution fell with the first. 
 
 The third pendingr, 
 
 Mr. Kingsley moved to amend by inserting 
 before the word "ch.aitels," the words: "to 
 be used." 
 
 May 31 — Mr. George Hnghes moved to 
 amend the amendment by adding the words . 
 " and treated," so as to make the clause read : 
 " to be used and treated as chattels ;" which 
 was disagreed to 
 
 The amendment was then agreed to. 
 
 Mr. Durbin moved to consider his substi- 
 tute ; but the motion was lost. 
 
 Mr. George Hughes moved the following 
 substitute : 
 
 Whereas a change of snch magnitude as is now proposed 
 should nut be made without the sanction of the laity as 
 welllas the ministry; therefore, 
 
 Ili'snlrid, Th.it the chapter proposed shall be first sub- 
 mitted by the Bi.sliops to the Annual Conferences, and by 
 the Presiding Elders to the Quarterly Conferences in their 
 respictivo districts, and if it receive the vote of three- 
 fourths of the members of said Contereuces it shall take 
 effect. 
 
 Which was lost — yeas 61, nays 150. The 
 TEAS were : 
 
 Messrs. Bannister, Battelle, Black, Briggs, Brown of East 
 Baltimore, Brown of New Jersey, Brown of Upper Iowa, 
 Carlton, Cartwright, Cliffe, Colclazer of Philadelpliia, 
 Coombe, Cooper, Corrington, Cr.ane of Illinois, Crane of 
 Newark, Curry of Kentucky, Day, Drummond, Ellison, 
 Fuller, Goode, Griffen of New York,Guyer, Hildt, Hodgson, 
 Iloldich, Hopkins, Hoyt, Hughes, Hunter of Western 
 Vu-ginia, r>-^iesou, Kulil, Martin, Mitchell of East Balti- 
 
 more, Monroe, Morgan, 5rurpby. V:i-f. X ni-, 0-i.,,n 
 Porter of Newark. Prentice. I!h,i . i .. m:. a 
 
 Rutledge, Sargent, Sewall, .Sluiii) II. i h m ;r 
 
 of Calitbniia, Tliotnpsou of Pliil:cl iln.,, l.!;.;!, I' \n 
 Tuttle of Newark, Van Cleve, Veitch, Waller, Wil.so.i 
 Wood— 61. 
 
 Absknt. ore Not Votino — B.aiti, Cooke, Davidson, TIar 
 grave, Ilolliday, Pearce, Shaffer, Smith of Northwusterr 
 Indiana, and Torsey — St. 
 
 Mr. Samuel Y. Monroe, for himself and nine- 
 teen others, offered this substitute : 
 
 liexrilvid, That wo believe that the buying, selling, oi 
 holding of liiiiiian beings, to bo useil as chattels, i.-j con- 
 trary to the laws of God and nature, inconsistent with the 
 Goblen Rule, and with thatBuloiu our Discipline which 
 requires all who desire to remain among us to "do no 
 harm, and to avoid evil of every kind,"' we, therefore, 
 afl'ectioiiately admoni.sh all our preachers antl people to 
 keep tlieiiiselvcs jiuro from thi.-i great evil, and to seek its 
 e.Ktirpation by all lawlul and Christian means. 
 
 Which was lost— yeas 81, nays 132. The 
 YEAS were : 
 
 Messrs. Ayers of Delaware, Ayers of Upper Iowa, Ban- 
 nister, Battelle, Black, Brooks of Arkansas, Brown of East 
 Baltimore, Brown of New Jersey, Brown of Upper low.i, 
 Carlton, Cartwright, Castle, Clark of Pittsburgh, Cliffe, 
 Con: ell, Coombe, Cooper, Carrington, Cox, Crane of Illinois, 
 Crane of Newark, Curry of Kentucky, Day, Drummond, 
 Durbin, Ellison, Ferris, Fuller, Goode, Griffen of New York, 
 Griffith, Guyer, Hildt, Hodgson, Holdich, Holmes, Hopkins, 
 Hoyt, Hughes, Hunter of Peoria, Hunter of Western Vir- 
 ginia, Jameson, Kuhl, Mather, Mitchell of Cincinnati, Mitch- 
 ell of East Baltimore, Monroe, Morgan, Mullinger, Murphy, 
 Nast, Nelson, Norris, Osbon, Pearne, Peck, Porter of New- 
 ark, Power, Preiitiei', Reed of Cincinnati, Reed of Upp r 
 Iowa, Rcliii ~ :i, Tccl' i-e, Sargent, Sewall, Shumate, Sli- 
 cer, Siiiiili i ' ,, -iieet, Thomas of California, Thouip- 
 Boii or J'lii I ' I Mi]iect, Travis, Trimble, Tuttle of 
 EastGciic, . Ill ;i I t .Newark, Van Cleve, Veitch, Waller, 
 Wilson, V>"ou.l— bl. 
 
 Alsuni, oe Not Voting — Davidson^ Harzrave, Ilolliday, 
 Pearce, Shaffer, Smith of Northwestern Indiana, Tor- 
 sey— 7. 
 
 Mr. Francis H'.>dgson moved to strike out the 
 words, '-to be used as chattels," and insert be- 
 tween the words -'the" and "buying," the 
 word " mercenary ;" which was disagreed to. 
 
 Mr. Geo. llildt moved to add the words : ^^Pro- 
 vidcd, that the section is understood to be only 
 advisory;" which was lost — yeas 75, nays 137, 
 absent 9. 
 
 The third resolution as amended was then 
 agreed to — yeas 155, nays 58, as follows: 
 
 Ye.\s — Abbott, Armstrong, Ayers of Delaware, Ayers 
 of Upper Iowa, Bain, Baker of Black River, Baker of Erie, 
 Bannister, Barrows, Barth, Beach, Bennett, Bigelo\v, Bing- 
 ham, Birt, Bixby, Bl.ides, Blake, Briggs, Bristol, Brooks of 
 Arkansas, Biook-i of Minnesota, Brown of New York, 
 Brown of Upper Iowa, Brown of Providence, Bruce, Bruii-' 
 son, Bullard, Carpenter, Chapin of Erie, Chapin of New 
 England. Clark of Erie, Clark of New York, Clark of Pitts- 
 burgh, Coil, Colclazer of North Indiana, Cone, Cooke, 
 Corkhill, Covvles, Cox, Crary, Crawlord, Crews, Cuiry of 
 New York East, Dean, Dempster, Dennis, Dunn of Troy, 
 Dunning, Eddy, Erwiu, Ferris, Fillmore, Floyd, Gavitt, 
 Gillett, Goblen, Goodwin, Goss, Gridiu of Troy, Griswold, 
 Hammri.l, il.iii.'v. Hue, Harris, U.irrower, Hatch, Hat- 
 field, Haven, llavs. lichner.-bauacn, Hibbard, Uiil, Ilitcli- 
 cuek. Ibiliiiii. Il-li:c-. Ilow.a-a, ll.c,(, Unlliina. Hunter of 
 
 r.iiii i..'.M .:, . .: ' :..- .c,~|.. ,-. .1. I'll: ..11. I\. . I.-r, Kellaui, 
 
 Ki , ! I, 1, ■ I.I.. ' c , .. . 1. , , i...cUc, Ma- 
 
 c.. . , II .. .: I, ■.. ;, .... ' . ■>, . ill. Miller, 
 
 .\ii.. I..ii .1 ( .11. mil III, >l,i. ;i.-il ..I rii,-!.iii..l. .Monson, 
 Mcoily, Mnllin-cr, Munsell, Nash, Nast, NelWn, .\orris, 
 Nuhfer, Nutt, Ulin, Parsons, Pearne, Peck, Peuticld, Pettv, 
 Pike, Poe, Porter of New Enghiiid, Prince, Ravniond, 
 Reddy, Reed of Cincinnati, Reid of Kast Genesee, Kce.l i,f 
 Upper Iowa, Russell, Sap, Smart, Mniih of ( nicimiaii, 
 Smith of Genesee, Smith of Indiimi. .--^im-.c.iic, .-i ill.od. 
 Stanton, St.irks, D., Starks, H. L., Sii.u-liinu, Tb.mi.is ..f 
 California, Thomas of Wisconsin, Tlioiiisou ol North Ohio, 
 Thurston, Townsend, Trimble, Tuiile of East Genesee, 
 Twombly, Webster, Wheedon, Whiteman, Williams, Wise, 
 Witherspoon, Young — 155. 
 
 N.w.-'—Battelle, Black, Brown of Ea^t Baltimore. Brown 
 of New Jersey, Carlton, Cartwright, Ca-tle, Cliffe, Colclfter 
 j of Philadelphia, Conuell, Coombe, Cooper, Corrington, 
 
496 
 
 APPENDIX. 
 
 Crane of IlUnois, Crnno of Newark, Curry of Kentucky, 
 I>av, Dnimmdiid, DurL)i:i, Ellison, J^'uller, Ooode, Griffenof 
 Xe'w Wi-k. liriiTiih, (Juyer, Uil«U, IloJgson, Holdich, Uop- 
 kiii-. Ilti li's Iliiiiterof Wostern Virf.'inia,.Taniesou,Kuhl, 
 M.vrii)}. Mil' mM (.r East r.alti.iiorf, Monroe, Morgan, Mur- 
 i.hv, w i n. ]■ .1 rof N'W.irk, IVnver, Prentice, Kobinson, 
 lUillvc. . .-.u ..-rit, J^ewali, Shiuuate, Slicor, Street, Tlionip- 
 sou ot i'ii laiiilpliia, Tippett, Travis, Tuttlc of Newark, 
 Van Cleve, Vdtch, AValliT, Wilson, 'Wooil— 58. 
 
 AliSLNT, iiR Not Votiko — Davidson, llargrave, Ilolliday, 
 Pierce, Shaffer, SmitU of North Western Indiana, and Tor- 
 sey— 7. 
 
 Juue 1 — Francis A. Blades offured the follow- 
 ing : 
 
 Whereas dnring the pendency of the Ch-ipter on Slavery, 
 t!ie lolli.wing aniondnieiit was offered as oxpl inatoi y of the 
 (. hapler, '■ Piovided that this section is understood to be 
 only advisory," 
 
 A'eiolved, That said amendnic nt was rejected by this Liody 
 because we regard the chapter in itself so clearly declara- 
 tive and advisory as not to require any such explanation. 
 
 WLicli was adopted — yeas 175, nays 6. The 
 NAYS were ; 
 
 Messrs. Coil, Coikhill, Cowles, Hare, Hodgson, Olin— 6. 
 
 ABsiiNT, OR Present .\nd Not Voting — Abbott, Barrows, 
 Brown of East Baltimore, Cartwriglit, Castle, Chiipin of 
 New England, Clarke of Erie, Cliffe, Colclaxer of Philadel- 
 phia, Cooper, Davidson, Fuller, Ooode, Guyer, Hargrave, 
 Iliidt, IloUiduy, Hopkins, Magee, Martin, Mitchell of East 
 Baltimore, Morgan, Murphy, Pearce, Porter of New Eng- 
 land, Kivniond, Reed of Cincinnati, Robinson, Sewall, 
 .-ihaffer, ShumiLt.-, SUcer, Smith of Cincninati, Smith of 
 Northwesti'ru Indiana, Tippett, Torsey, Twombly, Veitch, 
 Wilson — J9. 
 
 THE BALTIMORE CONFERENCE, 1861. 
 
 The Baltimore Conference of the Methodist 
 Episcopal Church, in session at Staunton, Vir- 
 ginia, adopted resolutions declai'ing the imme- 
 diate separation of the Confereuce from the 
 jurisdiction of the General Conference of the 
 Methodist Episcopal Church, on account of 
 the new chapter on slavery adopted last 
 year. The vote stood for immediate separation 
 eighty-two, declining to vote forty-four. Bishop 
 SuO'J, the presiding officer of the Confereuce, 
 refused to put the question on the adoption of 
 the resolutions, aud entered a protest against 
 tlie action ''as a violation of the order and 
 discipline of the Methodist Episcopal Church." 
 The resolutions were : 
 
 1st. Be itr'solvd by the Baltimnre Annual Conference 
 in Conference assembled, Xh-it wo her';lj!y declare tiiat the 
 tieueral Coiil'oreuce of tlie BI. E. Cluiich, held at Buffalo. 
 in May, ISGi), by its uncousUtutioual action, has suudered 
 the ecclesiastical ri'lation which lias hitheito buun'l us to- 
 gether as Olio Churcli, so far as auy :ict of theiis could do 
 so; that we will not longer submit to the jurisdiction of 
 said General Conference, but hereby declare ourselves sepa- 
 rate and independent of it, still claiming to be, notwith- 
 standing, an integral part of the M. E. Church. 
 
 2d. That nevertheless, jf, in accordance with the spirit of 
 the foregoing preamble, three-fourths of the several Annu- 
 al Confereuces, to be hold prior to the next session of the 
 Annual Conference, seeing the groat wrong and injury done 
 to (he Baltimore and other Border Conferences, shall disa- 
 vow the act of their delegates and the action of ttie late 
 Gcueral Confereuce on the subject of slavery, and shall 
 unite in a demand that the most thorough and satisfactory 
 redress shall bo given, au'l shall instruct their delegates so 
 to vote in any Convention that may be called for the pur- 
 pose of a more perfect tiuioii — First, by abrogating the new 
 t hupter ; second, by transferring the subject of slavery to 
 the exclusive jurisdictioiiof the Annual Conferences, where 
 it e.vists; third, that a fair proportion of the periodicals of 
 the Chuich be placed under the charge and direction of 
 said Conferences— then, and not until then, will we re- 
 unite with them in the organization of another General 
 Cimference. 
 
 od. That this Conference has taken the action expressed 
 in the above resolutions, after much long sutfering and re- 
 proach, to give freedom to our preachers in the discharge 
 of their duties in our territory, and cannot refrain from ex- 
 pressing the hope that the day may speedily come when 
 agit»iti.in and strife shall have ceased among us, and the 
 great Methodist family — Last, West, North and South — be 
 
 again united in the common effort which engiged the 
 he:irt8 and lives i^f i<\if fatlieis, thai, of spreading Scriptural 
 
 JOi! 
 
 the laud 
 
 4ih. Tliata committee of seven, consisting of S. Register, 
 J. S. Martin, S. S. Kcs/.el. E.K VeiLcli, W. G. Eggleston, 
 N. Wilson, and T. 11. W. Munioe, be a()po:nted to prepares 
 i'astorRl Letter fir our people, setting lorth the grounds 
 and aims of the action. 
 
 The following is the protest of the minority 
 of the Conference : 
 
 We, the undersigned, members of the Baltimore Annual 
 Coiifo;ence, differing with a m ijoiity of our brethren in re- 
 gard t > the mode of obtaining relief from the evils which 
 have been entailed upon us by the action of the late Gene- 
 ral Coiifeieuie upon the subject of slavery, protest against 
 the course whicli tliey have adopted — 
 
 1st. Because it is an appeal to revolution for redress, 
 before the constitutional means have been tried, much less 
 exhausted. 
 
 2ii. Because it shapes our course without consultation 
 with other non-concurring Conferences, all of whom have 
 strong claim upon our fraeriiity, and some in slave terri- 
 tory will be materially affected, and probably p;ejudiced, in 
 their interesis thereby. 
 
 od. Because the act is done, and announced, within the 
 biisom of two States which are now tlio nistoilians of the 
 Federal Union, and will strengthen the iiaods of political 
 secessionists, and carry dismay to the hearts of all who 
 would iireserve our national inheritance. 
 
 But it is the mode of obtaining relief from our troubles 
 alone in which wediffi-r with our brethren. 
 
 We, too, protest against the "new chapter." We protest 
 against tue continuance of the subject of slavery as a ques- 
 tion of legislation in the genernl councils nf the church. 
 And we ask a call of an extra session iif the General Con- 
 ference in iSa2, aud an expression by the Annual Confer- 
 ences nf their approval or disapproval of the terms of re- 
 lief which our circumstances demand ; and assure our peo- 
 ple that, by the tone of that response and that of our sister 
 S) mp.ithizing conferences, especially in slave territory, our 
 course at our next session shall be controlled, Whether it be 
 furtht-r negotiation or immediate separation. 
 
 ill Ciirisiian hope that these assurances will bring rest 
 iu the churches against the present year, we are, &c. 
 
 [Signal by some thirty names.] 
 The Western Virginia Methodist Episcopal 
 Conference, at its annual session at Wheeling, 
 in March, 18GI, adopted tho following preamble 
 and resolutions : 
 
 Whereas the General Conference at its late session at 
 Buffalo has inserted a new chapter in our Book of Discipline 
 on tho subject of slavery ; and whereas there exists some 
 difference of opinion as to its meaning, and whereas uni- 
 formity iu administration and harmony among ourselves 
 are very desirable : therefore 
 
 1. liisolced, Tuat we deeply regi-et the action of the Gen- 
 eral Conference chaugingthe chapter on slavery, we regard- 
 ing such action as unnecessary. 
 
 2. Jiesolved, That, in our judgment as a Conference, the 
 new chapier is not to be regarded as a law; that no admin- 
 istrative or judicial action can bo had umler it against any 
 member or minister ; and that we are left under it to be 
 governed by the Scripture, amenable as individuals for 
 our administration only to God and our annual Conference. 
 
 3. KesoUed, That we utterly condemn any attempt, in 
 any way whatever, to interfere with the legal relations of 
 master "and svrvant, and that we will seek to promote, as 
 did our fathers, their best interests by preaching to them 
 the uusearchalile riches of Clirist, and by teaching them 
 their reciprocal duties as taught in the Holy Scriptui-es. 
 
 REI'LT OF THE PRESIDENT TO THE RESOLUTIONS 
 OF THE E.VST BALTIMORE METHODIST CONFflR- 
 ENCE OF 1863. 
 
 Rev. T. A. Gere, A. A. Reese, D. D., G. D. Chenoweth : — 
 
 Gentlemen: — Allow mo to tender to you, and tlirou?:h 
 you to the Etist Baltimore Coui'erence of the iMcthodist 
 Episcopal Church, my grateful thanks for the preamble 
 aud resolutions of that body, copies of which you did me 
 the honor to present yesterday. These kind words of 
 appriA-al, coming from so numerous a body of intelligent 
 Christian people, and so free from all suspicion of sinister 
 motives, are indeed encouraging to me. By the help of an 
 all-wise Providence, I shall endeavor to do my duty ; and 
 I shall expect the continuance of your prayers for a right 
 solution of our national difficulties, and tho restoration of 
 our country to peace and prosperity. 
 
 Vour obliged and humble serva:-. :, 
 
 A. LINCOLN. 
 
APPENDIX. 
 
 497 
 
 GENERAL CONFERENCE OF 1864. 
 
 May 2 — The body met ia Philadelphia. 
 
 May 7 — The Coainiittee on Slavery were in- 
 structed to inquire into the expediency of so 
 altering the General Rules as to prohibit the 
 buying, selling, or holding persons as tlaves. 
 
 ACTION ON SLAVERY. 
 
 May 17 — The Committee on Slavery — con- 
 sisting of B. F. Crary, E. P. Phelps, E. C Bruce, 
 H. C. Benson, A. Magee, A. Nel-on, M. Dus- 
 tin, J. S. Smart, J. S. M'Murray. F. G Hibbard, 
 G. D. Strout, R. A. Caruthers, J. M. Fuller, J. 
 P. Dimmitt, J. H. Noble, T. E. Corkhill, J. 
 Denison, L. M. Reeves, J. Colby, H Pentield, 
 N. Shumate, H. T. Davis, N. Vansant, J. 11. 
 Twomblv, J. Thurston, A. K. Street, P. R. 
 Brown. R. M. llattield, J. V. R. Miller, G. W. 
 Breckenridge, G. M. Boyd, T. C. Golden, B. N. 
 Spahr, E. G. Andrews, T. H. Pearne, George 
 Barton, D. L. Dempsey, D. Wise, W. T. Har- 
 low, W. Terrill, A. B'. Nisbet, 0. Gregg, G. 
 ClifiFord, W. D. Malcom, S. Haines, J. W. 
 Reger, J. Lawson, C. D Pillsbury, H. R. 
 C ark — made a majority and a minority report, 
 as follows : 
 
 THE MAJORITY REPORT. 
 
 The long contest on the subject of slavery seems draw- 
 ing to a close, and no doubtful tokens indicate the will of 
 God, and point unerringly to the destruction of a system so 
 inhuman. 
 
 The sufferings to be endured cannot be as great as those 
 wo have passed, and the heroism of the hour is adequate to 
 bear the burdens which may be imposed upon us. 
 
 Patriotism and piety lead us to the conclusions to which 
 we have arrived, and, aside from all questions of expe- 
 diency, impel us to adopt the policy so strongly urged in 
 the Episcopal Address. 
 
 We rejoice that we have from the beginning been fore- 
 most among American Churches in the contest against sla- 
 very. Slavery h:i8 nothing to commend it to our forbear- 
 ance; on the other hand, it h;w intlicted upon us injuries 
 we cannot forget. It has rent the Chuix-h in twain, and 
 seeks to divide the nation. 
 
 It has kindled the fires of inextinguishable hatred along 
 an extended border, and brought indescribable distress on 
 our brethren who have labored there. These brethren we 
 not only admire and love, but we pledge ourselves to bhare 
 with them in all that is possible or necessary in the labors 
 of the future. 
 
 The question has reached its present status not so much 
 througli our efforts in this behalf a^ through the guidings 
 of the Divine iiand, whose power we reverently beiiold in 
 the grand movements of our times. 
 
 The proposed new rule is only an expression of a convic- 
 tion long entertained by the majority of the Church, the 
 utterance of an edict wliich conscience dictates, and the 
 teaching of God's Word approves. Abhorrence of slavery 
 has increased with the progress of the people in moral and 
 religious knowledge, showing that morality and religion 
 are against the system. The voices of our common hu- 
 manity protest against its longer existence, and this 
 judgment is God's decision, for nature is trae to her 
 Authoi-. 
 
 Your Committee could not do otherwise than give ex- 
 pression to the truth which more than ever affects the 
 Church and the nation, and array the moral forces of 
 Methodism on the side of emancipation. The great fami- 
 lies of Methodism throughout the world will rejoice that 
 we have taken a step which wipes out the imputation of 
 complicity with this evil, and gives us the decided advan- 
 tage of leading still in the question which has so long 
 perplexed the Church. 
 
 We feel that no answer is needed to the pleadings of 
 expediency once so powerfully and eloquently urged. 
 The grandeur of an overwhelming moral conviction ut- 
 tered by the whole nation and Church, should not be 
 impaired by answers to logic which the course of events 
 has shown to be fallacious. So far as we are concerned, 
 then, the question, "What shall be done for the extirpa- 
 tion of slavery '(" shall be answered by a rule uprooting it 
 and forbidding it forever. Local difficulties and special 
 cases will adjust themselves, and we shall be untrammeled 
 ia our future operdtious in territory blighted by this de- 
 32 
 
 parting curse. Relying on the promise and mercy of Gcd, 
 as far as wo can wf '•proclaim liberty throughout all th» 
 land to all the inhabitants thereof." 
 
 Loyalty to the Government leida us to accept emancipa- 
 tion wlnniever and wherever the President proclaims it 
 or the Stiitia <iecree it, and devotion to truth and to God 
 im|iel8 u>i to bring the controversy to an end in the Church 
 by adopting a rule which casuistry cannot distort into a 
 license for slavery. 
 
 While reviewing the past, we gratefully acknowledge 
 the goodness of God in guiding us so harmoniously to 
 these conclusions, and with firm trust in Him, c<mimit 
 our work to the jndniiient of the Church and of mankind. 
 
 We recommend for a<loption the following resolutions : 
 
 Jiesolvexl, 1. By the deiegates of the several Annual Con- 
 ferences in General Conference assembled, that wo recom- 
 mend the ameniiment of the General Rule on Slavery so 
 that it shall read : Slaveholding ; buying or sellivg slaves. 
 
 2. That we recommend the suspension of the 4th re- 
 strictive rule, for the purpose set forth in the foregoing 
 resolution. 
 
 3. That the bishops be requested to submit the fore- 
 going rosoMitioiis to the Annual Conferences at tlieir next 
 sessions, and if the requisite number of votes be obtained, 
 to report to the Book Agents, who are hereby instructed 
 to inst-rt the new rule in all subsequent editions of the 
 discipline. 
 
 THE MINORITY REPORT, 
 
 Signed by E. P. Phelps, L. M. Reeves, andj. 
 
 W. Reger, is as follows : 
 
 The minority of the Committee on Slavery beg leave to 
 say that they have not been able to concur with the major- 
 ity iu the conclusions reached by them. For good and 
 sufficient reasons, as they think, it would not be proper to 
 (jjiange the general rule on slavery so as to exclude ail per- 
 sons sustaining the relation of master from the Church ; 
 they therefore respectfully submit the following as a sub- 
 stitute for the general rule on slavery reported hi' the ma- 
 jority, namely : 
 
 The selling of human being-s, or the buying or holding 
 them, except for reasons purely humane. 
 
 After debate, the majority report was adopted 
 — yeas 207, nays i). as follows: 
 
 Yeas — Elisha Adams, Augustine M. Alexander, Charles 
 F. Allen, Ralph W. Allen, Edward G. Andrews, John W. 
 Armstrong, Isaac N. Baird, Gardner Baker, Francis B. 
 Bangs, Henry Bannister, John II. Barth, David W. BarticiS, 
 George Barton, Mathew Bennett, Henry C. Benson, Wil- 
 liam E. Bigelow, Isaac S. Bingham, Henry M. Blake, George 
 M. Boyd, George W. Breckinridge, Alexander L. Brice, 
 Daniel W. Bristol, Jabez Brooks. Pauf R. Brown, Samuel 
 C. Brown, Stephen D. Brown, Henry Brownscoiube, Eli C. 
 Bruce, Andes T Bullard, Thomas Carlton, Richard A. Caru- 
 thers, Joseph Castk. Ocorae D. Chenowith, Albert Church, 
 Ebenezer E. Chambers, Davis W. Clark, Horatio R.Clark, 
 George Clifford. Daniel Cobb, Nelson E. Cobleigh, Joseph 
 Colby, Sylvester L. Congdon, Thomas E. Corkhill, Jamea 
 B. CoiTington, William F. Cowles, Townley W. (,'rane, Ben- 
 jamin F. Crary, Morris D'C. Crawford, Joseph Cummings, 
 James Cunningham, Daniel Curry, William A. David.son, 
 Henry T. Davis, Daniel L. Dempsey, Joseph Dennisou, 
 James P. Diminitt, John P. Durbin, Mighill Dustin, Thomas 
 M. Eddy, Charles Elliot, James Erwin, William II. Fern's, 
 Henry Fiegenbaum, Hugh D. Fisher, John B. Foote, Ran- 
 dolph S. Foster, Thomas C. Gardner, Augustus C. George, 
 Thomas C. Golden, William H. Goode, William H. Goodwin, 
 Albert S Graves, Oren Gregg, Willi.am Oriflln. Edwin E. 
 Griswold. Leonard B. Gnrley, Robert E. Guthrie, Sauford 
 Haines, Horace Hall, Benjamin B. Uamliii, Kiihurd Haney, 
 William L. Hiu-ris, William T. Harh.w. R.bert M. Hatfield, 
 Bostwick flawley, James ^endl■r^;>n, William .McK. Hes- 
 ter, Frooborn G. liibb.ird, Moses lliil. James Hill, Stacey 
 W.Hilliar.l,.M:i[liiasIliiicliau-h.biikc Hitchcock, Ch.iuncy 
 Hob.art, CliaTl.s A Uomus, Horatio W. H.iughton, Samuel 
 Huffman, William H. Hunter, l;ii.>s.-ll II. Hurlburt, Kassi- 
 mir P. Jervis, Samuel A. W Jewttt, Richard W. Keeler, 
 Lucius H. King, Joseph E. King, Calvin Kingslcy, Henry 
 F. Koeneke, Philip Kuhl, Alpha .1. Kyuett, James l/awson. 
 Orange V. Lemon, John W. Lindsay, James W. Lowe, 
 Thomas H. Lynch, Lorenzo I). McCabe, William McCombs, 
 Asahel S. McCoy, David P. McKenzie, Jacob S. McMurray, 
 Andrew Magee. William D. Malcolm, Albert C. Manson, 
 Joseph Mason, Frederick Merrick, John Miley, John G. 
 Miller, John V. R. Miller, Samuel Y. Monroe, Granville 
 Moody, William H. H. Moore, George L. Mulfiuger, Oliver 
 S. Munsell, William Nat!t, Alexander Nelson, Reuben Nel- 
 son. Samuel H. Nisbet. Alfred B. Nisbet, James H. Noble, 
 Niram Norton, William H. Olin, Isaac Owen, David Patton, 
 Thomas II. Pearne, George Peck, Jesse T. Peck, Henry 
 Peufield, William E. Perry, Israel C. Pershing, Jamea Pike, 
 
498 
 
 APPENDIX. 
 
 Blijah n. Pilcher, Benjamin Pillsbury, Caleb I). Pill^burv, 
 Adam Poe, Jamrs Porter, P. Putnam Rav, Miner R:ivni(uid, 
 SotU Reed. Thomas M. Reese-, John M. lieiii, J. MiRciKlre- 
 Reiley, AVilliam H. Richards, Reuben D. Roliinsoii, Ilrury 
 Roth, Jiicob Kothweiler, David Sherman. Samiisoii 8biiin, 
 Nathan Shumate, Thomas II. Sinex, James S. Smart, David 
 N. Smith, Giles C. Smith, John L. Smith, Moses Siuitli, 
 Barzillai N. Spahr, Jacob M. Stallard, Desivignia Starks. 
 William F. Stewart, Abraham K. Street, George D. Stroiit, 
 Williamson Tamil, Samuel C.Thomas, Edward Thomson. 
 James Thurstou, Charles B. Tippett. Joseph M. Tr.mbic, 
 John H. Twombly, Nicholas Vansant, Joseph B. Makeley, 
 Gei.rge W. Walker, Adam Wallace, Lorenzo D. Waidwell, 
 George Webber, John B. Wentworth, Daniel A. Whedon, 
 John W. White, Lafayette D. White, Charles II. Whitecar, 
 Henry Whiteman, Albert D. Wilbor, James H. Wilbur. 
 Lsaac W. Wiley, Thomas H. Wilson, William F. Wilson. 
 Daniel Wise, Aaron Wood, George W. Woodruff, John T. 
 Wright, William Young— 207. 
 
 Nats— James L. Clark, James Drummond, William Ilar- 
 den, Isaac F. Ilanisou, John Lanahan, Nicholas J. B. Mor- 
 gan, Elibha P. Phelps, Lemuel M. Reeves, John W. Reger 
 —9. 
 
 INTERVIEW WITH THE PRKSIDENT. 
 
 Bishop Edward R. Ames, Rev. Joseph Cum- 
 mings, D. D., Rev. George Peck, D. D., Rev. 
 Charles Elliott, D. D., and Rev. Granville 
 Moody, were appointed a Committee to prefent 
 to the President the action of the Conference, 
 with this address, unanimously voted by the 
 Conference : 
 
 To his Excellency Abraham Lincoln, 
 
 President of the United States : 
 
 The General Conference of the Methodist Episcopal 
 Church, now in session in the city of Philadelphia, repre- 
 eeiiting nearly seven thous.and ministers and nearly a mil- 
 lion of members, mindful of their duty as Christian cilizeus, 
 takes the earliest opportunity to oxpre.ss to you the assu- 
 rance of the loyalty of the Church, her earnest devotion to 
 the interest of the country, and her sympathy with you in 
 the great responsibilities of yor.r high position in this try- 
 ing hour. 
 
 With exultation we point to the record of our Churcli, 
 as having never been tarnished by disloyalty. She was the 
 first of the Churches to express, by a deputation of her 
 moat distinguished ministers, the promise of support to the 
 Government in the days of Washington. In her Articles of 
 Religion she has enjoined loyalty as a duty, and has ever 
 given to the government her most decided support. 
 
 In this present struggle for the nation's life, many thou- 
 sands of her members, and alargenumber of her ministers, 
 ' have rushed to arms to maintain the cause of God and hu- 
 manity. They have sealed their devotion to their country 
 with their blood on every battle-field of this terrible war. 
 
 We regard this dreadful scourge now desolating our land 
 and wasting the nation's life as the result of a most un- 
 natural, utterly unjustifiable rebellion, involving the crime 
 of treason against the best of human governments and 
 sin agiiinst God. It required our government to submit to 
 its own dismemberment and destruction, leaving it no al- 
 ternative but to preserve the national integi'ity by the 
 use of the national resources. If the government" had 
 failed to use its power to preocrve the unity of the nation 
 and maintain its authority it would have been justly ex- 
 posed to the wrath of heaven, and to the reproach and 
 and scorn of the civilized world. 
 
 Our earnest and constant prayer is, that this cruel and 
 wickedrebellionmay be speedily suppressed; and we pledge 
 you our hearty co-operation in all aijpropriate means to 
 secure this object. 
 
 . Loyal and hopeful in national adversity, in prosperity 
 thankful, we most hepirtily congi-atulate you on the glorious 
 victories recently gained, and njoice in the belief that our 
 complete triumph is near. 
 
 We believe that our national sorrows and calamities have 
 resulted, in a great degree, from our forgetfulness of God 
 and oppression of our fellow-men. Chastened bv affliction, 
 may the nation humbly repent of l;er sins, lay aside her 
 haughty pride, honor God in all future legislation, and 
 render justice to all who have been wronged. 
 
 We honor you for your proclamations of liberty, and re- 
 joice in all the acts of the government designed to secure 
 freedom to the enslaved. 
 
 We trust that when military usages and necessities shall 
 justify interference with established institutions, and the 
 removal of wrongs sanctioned by law, the occasion will be 
 improved, not merely to injure our foes and increase the 
 national resources, but atso as an opportunity to recognize 
 our obligations to God and to honor his law. We pray that 
 
 the time may speedily come when this shall bo truly a r«>- 
 pubiioan and free country, in no part of which, either state 
 or territory, shall slavery be known. 
 
 'the J. ravers ( f millions of Christians, with an earnest- 
 ness never manife tec", for rulers before, daily ascend to 
 heaven that you nmy be endued with all needed wisdom 
 and power. Actuated by the seniiments of the loftiest and 
 purest patriotism, our prayer shall be ccmtinually for the 
 preservation of our country undivided, for the triumph of 
 our cause, and for a permanent peafte, gained by the sacri- 
 fice of no moMl princijiles, but founded on "the word of 
 God, and securing in rii.'hteousness liberty and equal rights 
 to all. 
 
 Signed in behalf of the General Conference of the Metho- 
 dist Episcojial Churoh. 
 
 PHiLADELPm.4, Mat/ 14, 1864. 
 
 PEEsiDENT Lincoln's beplt. 
 
 Gentlemen: In response to your address allow me to at- 
 test the accuracy of its historical statements, indorse the 
 Sentiments it expresses, and thank you in the uatiou's name 
 for the sure promise it gives. 
 
 Nobly sustained as the government has been by all the 
 Churches, 1 would utter nothing which might in the least 
 appear invidious against any. Yet without lliia it may 
 fairly be said that the Methodist Episcopal Church, not less 
 devoied than the be,st, is. by its greater numbers, the most 
 important of all. It is no fault in others that the 
 Methodist Church sends more soldiers to the field, more 
 nurses to the hospitals, and more prayers to heaven than 
 any. God bless the Methodist church! bless all the churches J 
 ami blessed be God! who in this our great trial giveth us 
 the Churches. 
 
 THE ST iTE OF THE COUNTRY. 
 
 May 2'7— The Committee on the State of the 
 Country— consisling of Messrs. Joseph Cura- 
 mings, J. Lanahaa, I. S. Bingham, J. T. Peck, 9. 
 S. Munnell, L. R. Gurley, G. Moody, T. C. Gard- 
 ner, T. M. Reese, A. C.George, G.D.Strout, J. W. 
 Lowe, J. B Wentworth, A. S. McCoy, G. W. Wal- 
 ker, W. F. Cowles, II. D. Fisher, L. M. Reeves, J, 
 Colby, T. H. Sinex, U. Cobb, S. Huffman, J. G. 
 Miller, Nicholas Vansant, James Pike, Charles 
 H. Whitecar, J. B. Wakelev, G. VV. Woodruff, 
 0. V. Lemon, E. Thomsou, G. M. Boyd, C. 
 H)bart, J. W. White, W. H. Olin, T. H. Pearne. 
 W. M'Combs, J. flenderson, D. Patten, W. F 
 Stewart, G. C. Smith, N. E. Cobleigh, J. E. 
 King, R. W. Keeler, W. D. Makom. S. Haines, 
 J. VV. Reger, J. Lawson, C. 0. Pillsbiiry, 11. R. 
 Clark — reported an address and these resolu- 
 tions, which were unanimously adopted : 
 
 Resolved, 1. That in this hour of the nation's trial 
 we will remember the President of the United States, all 
 other oflicers of the government, and our army and navy, 
 in never-ceasing jirayer. 
 
 2 That it is the duty of the government to prosecute 
 the WAX with all its resources of men and niouey till this 
 wicked rebellion shall be subdued, the integrity of tb.e na- 
 tion shall be secured, and its legitimate authority shall be 
 re-estal)lislud, and that wp pledge our hearty support and 
 CO (ijieration to secure this result. 
 
 3. That we regard our calamities as resulting from onr 
 forgetluiness of God, and from slavery, so long our nation's 
 ruproach, and that it becomes us to humble ourselves aiid 
 forsake our sins as a people, and herealiei', in all our laws 
 and acts, to bon )r God. 
 
 4. That we will use our efforts to secure such a change in 
 the Constitution of our country as shall recognize the be- 
 ing of God, our dependence ou Ilim for pro.sperity, andat'^o 
 his word as the foundation of civil law. 
 
 5. That we regard slavery as abhorrent to the principles 
 of our holy religion, humanity, and civilization, and th:it 
 we are decidedly in favor of such an amendment to the Con- 
 stitution, and such legislation on the part of the states, an 
 shall prohibit slavery or involuntary servitude, except for 
 crime, throughout all the states and territories of the 
 country. 
 
 6. That while we deplore the evils of war that has filled 
 our land with mourning, we rejoice in the sublime mani- 
 festations of benevolence it has developed, as seen in the 
 Sanitary and Christian Commissions, and in the ajssociations 
 formed to aid the vast multitudes who have recently be- 
 come freemen, i;nd that wo pledge to tUe.'ie institutions our 
 hearty co-operation and support. 
 
AIPENDIX. 
 
 499 
 
 THE PASTORAL ADDRESS. 
 
 May 27 — The i-eport of the Committee on the 
 Pastoral Addi-ess to (he Members of the Churcli 
 —Jesse T. Peck. D. D., Joseph Castle, D. D., L. 
 B. Gtirley, E. Adams, N. E. Cob'eigh, W. H 
 Ferris — was adopted. These extracts relate to 
 public questions : 
 
 We bave held our session in the midst of the fearful 
 agitations and struggles of Wiir. Our nation lias reached a 
 most eventful crisis. Ambitious and wicked men have led 
 the people and States of the South into a most cruel and 
 unprovoked rebellion. The Government has been compelled 
 to resist this rebellion by force, and the rlelegates of all the 
 Annual Conferences, in General Conference assembled, have 
 solemnly recognized this stern necessity. Our reports, re- 
 solutions and acts, of whicli you have been already ap- 
 prized, all sustained by unanimous votes, will show the 
 Church and the world how heartily we are identified with 
 the nation in her struggles, with our beloved army and navy 
 in the deadly conflicts of this war, with the President and 
 all other ofticere of the Government in the grave responsi- 
 bilities of their present position, and with surviving suf- 
 ferera, whether bond or free. 
 
 We call your attention to the fact that slavery is the 
 evident and guilty cause of this terrible war, and express to 
 you our deliberate opinion that there will be no peace or 
 safety to the Republic till this vile usurpation is utterly 
 destroyed. We have, therefore, resolved not only to sustain 
 the Government most heartily in the struggle against 
 treascn, but in the high purpose to extirpate the guilty 
 cause of the rebellion. And, in consistency with these 
 resolutions, as well as under the highest sense of imperative 
 duty, we have determined that the Methodist Episcopal 
 Church shall, with the least possible delaj', be delivered 
 entirely from this enormotis evil. We have, therefore, pro- 
 posed to the Annual Conferences such a change in the gen- 
 eral rules as will henceforth leave no occasion for misun- 
 derstanding or controversy. Providence has at lent;th 
 mysteriously led us through the struggles of ages to the 
 highest unity in the assertion and vindication of the highftst 
 right. Let us give the glory to God alone. 
 
 The war is not yet over. We can have no adequate idea 
 of the wrongs yet to be endured, of the valuable lives yet 
 to be sacrilicod, before the nation's new life shall be placed 
 beyond the reach of the bloody hands which seek to destroy 
 it ; but we state to you calmly and solemnly, that, in our 
 judgment, all true patriots ought to regard their lives and 
 treasiues, without reservation, as subject to the exigencies 
 of this conflict, until it is honorably and triumphantly 
 ended. » 
 
 And especially do we urge you to obey, at all times, 
 the great law of love ; to pray for our unnatural enemies, 
 ;is well as their surviving victims; extending your most 
 active sympathy to our numerous families and friends who 
 mourn the loss of brave husbands, fathers, brothers, sons, 
 by this dreadful war. You will, we trust, on no account 
 relax your efforts for the relief and Christian education of 
 the multitudes of freedmen now appealing to your hu- 
 manity. We do also most earnestly commend to your de- 
 voted attention our suffering soldiers, and urge you to en- 
 larged liberality in the support of those humane institu- 
 tions, the Christian and Sanitary Commissions. 
 
 METHODIST PROTESTANT. 
 
 GENERAL CONVENTION OF THE METHODIST PRO- 
 TESTANT CHURCH, 1862. 
 
 November. — The body met in Cincinnati, and 
 unanimously passed the following preamble and 
 resolutions : 
 
 Whereas, Our conntry continues to be involved in all 
 the horrors and d ingers of a civil war unparalleled in the 
 history of the world, alike in its gigantic proportions and 
 in the vital interests which it shall affect for good or ill : 
 
 Whereas, We cannot be cold spectators of the scenes oc- 
 curring around us, because they .appeal to our sympathies 
 and our principles as patriots, as Christians, and as philan- 
 thropists: and 
 
 Whereas, We deem it our duty to our country, to the 
 world at large, and to our God, to utter our sympathies and 
 sentiments in this hour of danger to the country and to 
 civil liberty : therefore 
 
 Resolwl, 1. That we cling with fond affection to the in- 
 stitutions bequeathed to us by our Rovolution.ary sires, and 
 that we infinitely prefer them to any other that ever have 
 been, or that may lie, proposed as a substitute for them. 
 
 2. That we the'refore sanction, with all our hearts, the 
 prosecution of the current war for their maintenance, and 
 
 we recommend t^at this war be pushed with the utmost 
 energy and to the last extremity : because in its success- 
 ful prosccufioii almie we see the prevention of anarchy and 
 miMuliv < : \ 1 I ! id <li8sen»i<.'ns, and meiiiJBval tyranny 
 and v.i- I _ I i:\ T.sal distraction, contentions, and 
 
 1iI(|(1(1-!m III : illy desolating and terrible than any- 
 
 thing t 1 i; ill M iv 1 >iilt from the course that we thus re- 
 
 3. '1 liat we heartily endorse the Kmancipation Proclama- 
 tion of I'resid.iit Lincoln, because it strikes at that bale- 
 ful cause of all our civil andeccle.Hiiistical difficulties — Amer- 
 ican slavery — "thesumof all villanies." thodarling idol of 
 villains, the central power of villanous secessionism. but 
 now, by the wisdom of the i^resident, about to bo made 
 the agent of retributive justice in punishing that culmina- 
 tion of villanous enterprises, the attempt to overthrow the 
 most glorious civil government that God's providence ever 
 established upon earth. 
 
 4. That we earnestly deprecate all dissensions and divi- 
 sions amoni; those who profess loyalty to the Government 
 and to our free institutions: and that wo deemitsus|.iciou<<, ^ 
 at le;xst, if not strong evidence, of sympathy with our 
 enemies, wh"n men in our midst attempt to create such 
 divisions or dissensions uptm any pretext whatsoever. 
 
 5. That a committee be appointed to address the Presi- 
 dent of the United .States, and express to him, in the name 
 of the Methodist Protestant Church, the sentiments of 
 loyalty contained iu these resolutions, and to assure him 
 that our jieoplo endorse his Proclamation, sustain the war, 
 and are ready to do and suffer all things necessary for the 
 maintenance of our glorious Government intact. 
 
 The Annual Conference at Pittsburo:, Sep- 
 tember, 1864, unanimously adopted these reso- 
 lutions : 
 
 Resolved, That this Conference does hereby declare its 
 loyalty to the Government of the United States, and its 
 approval of the Administration of Abraham Lincoln in his 
 efforts to overthrow the rebellion and maintain the cause 
 of the Union. 
 
 Resoheii, That whatever may have been the design of the 
 slaveholders of the bouth iu bringing on this great rehel- 
 lion, in our judgment, God is permitting this war in order 
 to purify this nation from her sins — especially the great sin 
 of slavery, which we hold to have been the main cause of 
 the rebellion. 
 
 Jtesolced, That the Em.ancipation Proclamation is hereby 
 endorsed by t'.:i8 Conference, and it is our prayer that tlie 
 President, tiy judicious management, the power of his 
 .armies, and the help of the Almighty, may lie able to carry 
 it into practical effect in all the Rebel States. 
 
 Bctolied, That party politics, in our judgment, should 
 never be allowed to interfere with our allegiance to the 
 Government of our country, .and we hereby advise all our 
 people to be faithful to the Administration in all its efforts 
 to maintain the Union, constantly praying for the Govern- 
 ment, and the success of our armies. 
 
 Resolved, That we desire a peace growing out of the sal- 
 vation of our Government, based upon the principles of 
 immutable righteousness, in order that the Christian reli- 
 gion may take a firmer hold than heretofore on the Ameri- 
 can mind. 
 
 The Maryland Annual Conference of the 
 Methodist Protestant Church has not ui.ide any 
 declaration since the opening of the war. 
 The West Virginia Conference, which was in 
 connection with it, undertook to ascertain its 
 position in March last, with this result, as 
 disclosed in these extracts from the report of 
 the proceedings of the latter body at its meet- 
 ing in September : 
 
 Dr. Laishley, our fraternal Messenger to the last Mary- 
 land Annual Conference, submitted his report, which states 
 that owing to severe affliction in his lamily ho was unable 
 to attend said Conference in person, but that ho addressed 
 to them a fraternal letter, m which he. distinctly set forth 
 the object nf his mission, to wit : to ascertain the position 
 occtqmd by the Maryland Conference in regard to its loyalty 
 to Vie Government of the United States,— to which he re- 
 ceived tho following reply : — 
 
 B.\LTiM0RE, Maryland, March 21, 1864. 
 Rev. Dr. P. T. L.usnLEY— 
 
 De.\r Brother :— Your official communication aa Mes- 
 senger from the Western Virginia Annual Conference, was 
 brought under the respectful consideration of tho Mary Kind 
 Annual Conference at its recent session in this city, .and I was 
 commissioned to answer it to tho following effect : 
 
 We, as an Annual Conference, express our profound 
 sympathy with Dr. Laishley ia the sore aflJiction of his 
 
500 
 
 APPENDIX. 
 
 daughters, which, with some other uncontrollable circum- [ 
 Btances, has deprived both him and the Conference of the i 
 d9siredandexpectedplea8ureoffratern.il greetings; and 
 we hereby extend to Dr. Laiehley and the Conference he 
 represents our warm expression of Christian synipathy and 
 affection and our prayers for their continued prosperity 
 as an effectual agency in spreading .spiritual holluess 
 tlirough our lan<i. It was also determined to send a 
 fraternal Messenger to the Western Virginia Conference 
 at its Annual Session in September next. 
 
 I sli.all he happy to hear, my beloved brother, that your 
 afflicted child is "merciluUy spared to you, and restored to 
 till! enjoyment of comfortable health. 
 
 Witii these sentiments, I am, most truly, 
 
 Yours in Christ, 
 
 F. WATERS. 
 
 The aboTe letter waa referred to a Committee, who sub- 
 mitted the following report, which was adopted: 
 
 We appreciate most clieerfully the expression of sympa- 
 thy and affection set forth in said letter, but are grieved 
 that the Conference did not think proper in its judgment 
 to put us in possession of the information we so earnestli/ 
 desired, to wit: the positim. occupied by the Conference in 
 regard to its loyally to the Government of the United States, 
 and furthermore declare that we cannot affiliate or hold 
 official connection with any Conference which is not out- 
 spoken on a subject of such vital importance, or which 
 will not condescend to gratify us so far as to inform us 
 whether it is for or against the Governnxent, when treason 
 tlireatens its destruction. Could we have been satisfied 
 that the Maryland Conference as a body g;i\e her sympa- 
 thies and influence to the Government under which we 
 live, it would have afforded us great pleasure to have 
 continued in official connection with her ; but for the want 
 of such an expression on her part, we have to adopt tlie 
 language of the Master and say, " Tliey wlio are not with 
 us are against us." 
 
 The West. Virginia Conference now holds con- 
 nection with the Methodist Protestant Confer- 
 ences of the Western, Northern, and Eastern 
 States. 
 
 Of the proceedings of the Maryland Confer- 
 ence referred to, these have relation to the ex- 
 pected communication from the West Virginia 
 Conference : 
 
 Rev. L. W. Bates offered this resolution, 
 which was adopted : 
 
 Resolved, That in accordance with the suggestion of the 
 President, (Rev. James K. Nichols,) in his executive paper, 
 a committee of three ministers and delegates be appointed, 
 whose duty it shall be to confer with all visitors having busi- 
 ness with the Conference, and to decide whetherand when 
 those of them who wish to address the Conference shall bo 
 privileged to do so ; and all communications not strictly be- 
 longing to the regular and annual business of the Confer- 
 ence, shall be referred to s.aid committee. 
 
 Rev. Dr. F. Waters, Rev. L. W. Bates, Rev. 
 T. D. Valiant, George Vickers, Esq., and L. J. 
 Cox, Esq., were appointed on that Commiitee. 
 On a subsequent day, it was announced to the 
 Conference that a letter had been received from 
 Rev. Dr. P. T. Laisbley, appointed fraternal 
 Messenger from the West Virginia Conference. 
 The letter was not read in open Conference, but 
 immediately referred to the committee afore- 
 said, and in relation to it the committee re- 
 ported, on the same day, as follows : 
 
 A communication was received from Dr. P. T. Laishley, 
 Messenger from West Virginia Coulerence, expressing his 
 regret at not being able, owi»<.; to sickness in his family 
 and other unfavorable circumstances, to visit our Confer- 
 ence. 
 
 The Committee recommend that the Conference express 
 its sympathy for Dr. Laishley in the affliction of his daugh- 
 ter, which haa deprived both him and the Conference of 
 the pleasure of fraternal greetings, and that we extend to 
 Dr. Laishley and the Conference he represents, our warm 
 expression of Christian sympathy and affection, and our 
 prayers for their continued prosperity as an efficient instru- 
 mentality in spreading scriptural holiness through our 
 Land. 
 
 We further recommend, that the Conference elect a Mes- 
 senger to visit the next session of West Virginia Confer- 
 ence, to be held in Fairmont, Va., in September, 1864. 
 
 And that a committee be appointed to address a letter 
 to Bro. Laishley, expressing to him the above sentiments of 
 our Conference. 
 
 F. WATERS, 
 GEO. VIOIiERS, 
 T. D. VALIANT, 
 L. W. BATES, 
 L. J. COX, Jr. 
 On motion, Dr. F. Waters was appointed the 
 committee named in the above report. 
 
 A number of the Ministers in this Conference 
 are known to disapprove of the silence ol the 
 Conference, and to regrei deeply the posii ion itia 
 thus made to occupy, and who, in ttieir respec- 
 tive spheres of duy, urge the duty of main- 
 taining the National authority and suppressing 
 the Rebelli n. Subjoined are the resolutions 
 adopted in March, 1864, by the Ninth Street 
 Melhoilist Protestant Church, Washington City: 
 
 Mr. Blackiston offered the following resolutions, and 
 moved their a' option : 
 
 Whereas an opinion expressed that this church is virtn- 
 ally an organized society of religious sympathizers with 
 rebellion has gaimd believers in the'commuuity; and 
 whereiis a strict adherence to the adopted silence on such 
 matters, as a church, gives reasons for rebel sympathizers 
 to hope that the assertion is true, and for loyal men to 
 doubt the loyalty of the members of the church : There- 
 fore be it 
 
 Resolved, That justice to ourselves and our brethren 
 demands of us a full expression of our loyalty at this 
 time. 
 
 Resolved, That in our opinion the rebellion, which has 
 flooded the valleys and plains of the South and West with 
 blood, is treasonable, wicked, and ought to be crushed, and 
 the leaders punished as traitors. 
 
 Resolved, Tliat we of Ninth street station have no sym- 
 pathy with those engaged openly in the rebellion, and less 
 with those who, wliile they are amassing fortunes from the 
 Governmeut, are secretly giving aid and comfort to its 
 enemies. 
 
 Resolved, That though we may admire the talents and 
 commend the zeal of every minister of the Conference, we 
 consider no minister as acceptable to the Ninth street pul- 
 pit, against whoso loyalty there is the slightest reason for 
 doubt. 
 
 Resolved, That the Secretary is hereby ordered to prepare 
 a copy of these resolutions and sign them ; the chairman 
 is hereby ordered to countersign them; and the delegate to 
 the Maryland Anuual Conference is hereby ordered to pre- 
 sent them to the President of that body. 
 
 Rev. J. T. Ward is pastor, succeeding Rev. C. 
 T. Cochfcl. 
 
 FREE METHODIST. 
 
 NEW YORK CONFERENCE OF THE FREE METHO- 
 DIST CHURCH, 1864. 
 
 September — The body met at Akron, 29th 
 and 30 h, and October 1st, and adopted the fol- 
 lowing preamble and resolution^ : 
 
 We are men of peace. Our Master, whom we supremely 
 love and endeavor to serve, is the Prince of Peace. lie has 
 taught us to love our enemies and to do good as far as pos- 
 sible to all mankind. But he has also taught us that " the 
 magistrate beareth not the sword in vain." He is to be a 
 terror to evil doers ; but how can this be if the lawsagainst 
 crime are not executed? And how can they be executed 
 without the exercise of physical force? If force may be 
 used to execute the laws against a single highwayman, 
 may it not be against a band of criminals who set the laws 
 at defiance ? Does the magnitude of a conspiracy again:'t 
 'just laws and the common rights of humanity, render tho 
 employment of whatever force, for whatever time may bo 
 necessary for its suppression, unchristian and wrong? Is 
 it right to punish petit larceny, and wrong to punish mur- 
 der? If not, then is the effort to suppress by force of arnis 
 this wicked rebellion, still existing in this country, entirely 
 consistent with the Christian religion. Humanity demands 
 that the rebellion be put down, no matter how great may 
 be the expenditiire of blood and treasure necessary to se- 
 cure its overthrow. The fate of the ambitious, unscrupu- 
 lous men who, because deprived, in a perfectly proper and 
 legal manner, of tho patronage of the Government which 
 thev had invariably used for the spread and perpetuation 
 of human bondage, have conspired for the overthrow of 
 
APPENDIX. 
 
 501 
 
 thp Nation, and who, in endeavoring to onrry ont their ne- I 
 f iii.ais f-cheiiies. have dilui;ed tho luml with blood and 
 multiplied widows and orphans in all our borders, should 
 Btand upon the page of history as a warning to conspirators , 
 against the rights of men in all future ages. 
 
 In common with our lellow citizens we feel the burdens ! 
 of this terrible struggle lor national e.\istence and the | 
 rights of humanity. We enjoy no immunity fri)m the i 
 perils it involves. Some of the preachers of our denonii- 
 nation have bravely led their mf n upon the lield of battle, I 
 and have nobly fallen in the sanguinary strife. Our bro- 1 
 tliers and our "sons are still at the post of danger, or have : 
 laid down their lives for our beloved country. Should the 
 ■War continue, we are liable to be called upon to follow 
 their example. As Christians <nd as men we deprecate 
 this great eflusion of blood, and we devimtly and unite<lly 
 pray Ibr the return of peacL'. But we would have a peace 
 that promises to be permanent in its character and benefi- 
 cial in its results : therefore 
 
 Rewired^ That as much as we deprecate the suffering 
 caused by the civil war now raging in our land, we have no 
 dosire to have it stop until the rebellion is thoroughly sub- 
 dued and Slavery, its guilty cause, is completely and 
 forever extinguished in all our borders. 
 
 Resolved, That while we keep ourselves aloof from all 
 party strife, we do most cordially sustain the Government 
 in its efforts to subdue the rebellion, and especially in the 
 emancipation policy ; and we trust it will go on in the 
 same direction until all their rights as men are restored to 
 the colored race. 
 
 Resolved, That, while we do not bejieve in any unneces- 
 sary intermeddling with the political opinions of individuals, 
 yet we do not see how any who sympathize with slave- 
 holding and with the slave-holders' rebellion can consist- 
 ently belong to the Free Methodist Church, or, indeed, to 
 any religious body professing to be governed by the princi- 
 ples of the Now Testament. 
 
 Resolved, That we render devout thanksgiving to God 
 for the recent victories he h;is given our armies, and we 
 will devoutly pray the Lord of Hosts to continue His in- 
 terpositions in behalf of our nation, and give success to our 
 arms, and restore peaco'and prosperity to our land, and 
 establish our free institutions on the firm foundation of 
 universal righteousness and justice. 
 
 B. T. ROBERTS, 
 
 Chainnaii of Committee. 
 
 EVANGELICAL ASSOCIATION. 
 
 6ENERAL CONFERENCE OF THE EVANGELICAL 
 .ASSOCIATION, 1863. 
 
 October 1— The body met in Buffalo. 
 October 19 — The Committee on the State of 
 the Country made two reports, as follows: 
 
 MAJORITY REPORT. 
 
 Your Committee has the honor to lay the following re- 
 port on the State of the Country before the Conference for 
 tjnsideration : 
 
 The great truth that God governs the world, and in his 
 providence presides over tlie destinies of man, is not only 
 founded on his Being and attributes, but it also sUmds legi- 
 bly enstamped on every page of the History of the Human 
 Race, and it cannot be misrepresented that the Supreme 
 Ruler has, in all the alternations, in the struggle raging be- 
 tween the powers of light and darkness, ever since the Fall, 
 BO directed the course of events, that each of them brought 
 man nearer the great end of his destination, viz : the eman- 
 cipation from the dominion of evil, and the investiture of all 
 with an equal title to the enjoyment of life, liberty and 
 happiness. 
 
 The present inexcusable and unholy rebellion, that is 
 DOW raging in our land, is nothing less than tlie expression 
 and the outward appearance of the great world-wide strug- 
 gle between the forever inalienable rights of mankind, on 
 the one hand, and the unrighteousness of falsehood and ty- 
 ranny on the other; in the status into which this world 
 struggle, under the immediate righteous government of 
 God, and the special elements of our national existence, 
 has entered, and where both antagonistic powers are more 
 fuily expressed, and stand opposed to each other in a more 
 rugged form, than has been the case heretofore of the thea- 
 tre of history ; — here, where for more than two hundred 
 years. Liberty has found an asyluBi in the wilderness 
 against the despotic oppression and papal persecutions of 
 Europe — where the God-confiding Pilgrim Fathers, a com- 
 pany of persecuted Protestant Christians, laid the corner- 
 stone of this republic, and its glorious institutions of " Lib- 
 erty and Kquality," according to the principles of the 
 Holy Scriptures, for futiu-ity — here, where in later years, 
 the brave sons of these worthy ancestors, have laid this 
 divinely selected fuuudation stone, reared on it the ideal of 
 
 social, civil, and religions societies of all nations, (under a 
 never before enjoyed measuie of Heavenly favor,) and per- 
 fected, in a never before known greatnons : — here, where, 
 through the help of God witha8trougarm,thu8 wrested from 
 the grasp of Despotism, consecrated with their own blood, 
 one of the best human governments that ever existed, and 
 with it a country that siiould become a place of secure ref- 
 uge for all the oppressed of the earth ; but where Satan, 
 the arch enemy ol God and man, planted the upiis of 
 Slavery and man-brutalization, this excrescence of hell and 
 Bum total of all meanness and villainy, and through the 
 poisonous curse to suljvert this lierit<ig"e of free men, to be 
 made the stage of unlicanl-of abominations and sufferings, 
 the burying-place of pure religion, liberty, and civilization, 
 and, Indeed the hopes of the world; and where further 
 men who at the price of all higher motives and designs, 
 diiven by avarice and lust of power, for more than thirty 
 years, wnrked according to a well laiil plan for the subver- 
 sion of the Constitution, the dissolution of the Union, and 
 the overthrow of tlie Government, until at last, on the 
 I'-'th day of April, 1801, by the first fire on the banner of 
 the stars and stiipes on Fort Sumter, made known that 
 they were ready to carry out their treasonable design. 
 
 In view of these fact*, bo it, by us, the delegates of the 
 several annual conferences of the Eviingelical Association, 
 in General Conference assembled, on the 19th day of Octo- 
 ber, A. D., 18t)3, solemnly 
 
 Resolved, 1. That notwithstanding our conviction that 
 war and bloodshed is a terrible evil, and the extremely de- 
 plorable consequence of sin, in opposition to the spirit of 
 Christianity, and its existence to be deeply deplored in our 
 so-called Christian land; but inasmuch as the present ter- 
 rible war raging in our laud, was caused by the insurrec- 
 tion of a baud of traitors anl rebels, against the life and 
 existence of the nation itself, whose chief object is the de- 
 struction of liberty, the exaltat ion of a comparatively small 
 class over the larger — the laboring chiss, which constitutes 
 the germ of the nation; the dishonoring of labor itself, 
 and the extension and perpetuation of slavery ; — in con- 
 sideration of these undeniable facts it is the imperative 
 duty of our Government, to use the sword entrusted to it 
 of God, in defense of our rights, the execution of the laws, 
 the protection of our free institutions, the maintenance of 
 our forever indissoluble and inseparable Union, in accord- 
 ance with the Constitution upon which it rests, and finally 
 to punish the rebels against our Government, and it is tho 
 holiest duty of every citizen, faithfully to support the 
 Government in the important duties devolving upon the 
 same. 
 
 2. Resolved, That we cannot conceal the fact, that only 
 the prevalent deep moral and religious corruption, in ail 
 the walks of life, made it possible to inaugurate its bloody 
 struggle; therefore we acknowledge tho same lis a well- 
 merited chastisement of God, and rebuking admonition to 
 repentance and reformation, which applies particularly to 
 the too worldly-minded church, and upon the heeding of 
 which admonition depends tho salvation of our country. 
 
 3. Resolved, That a republican form of Government can 
 only exist where tho principles of the Christian religion 
 are deeply rooted in common life, and constitute the pre- 
 dominant element, where it is the mission, especially of the 
 Christian ministrj', to watch over the Christian religion, 
 that it may not become the handmaid of unscrupulous 
 demagogues or that the free discussion of such questions as 
 relate to the temporal welfare of the people may not bo 
 prejudiced, but on the contrary, that tho life of tho whole 
 nation be pervaded by the spirit and essence of Christianity. 
 
 4. Resolved, That we consider the fact, that the peacea- 
 ble occupations in tho Nortnern States have made undis- 
 turbed progress, and rejoice in an extraordinary advance, 
 that the national prosperity and strength of our Govern- 
 ment has attained a degree, which it did not reach in tho 
 long years of peace, as unmistakable evidences that it is 
 God's gracious design and good will that our nation should 
 come forth tried and purified. and that this Union of st.ttes, 
 established on the principlesof the Bible, shall be continued, 
 with increased liberties. 
 
 5. Resolved, That in the midst of our national concus- 
 sion, we behold the indubitable proofs of the favor of God 
 in the fact, that He has given us rulers who, by their able 
 statesmanship, have given their official acknowledgment 
 of the higher Government of God over them, and by their 
 well-tried probity and distinguished administration of the 
 Government, have shown themselves worthy of the undi- 
 vided confidence of the nation. 
 
 6. Resolved, That, as slavery is a social, moral, and civil 
 evil, and the great cause of the present rebellion, we deem 
 its continuance as incompatible with the exalted mission 
 of our nation ; and hence look upon the efforts of the pres- 
 ent administration to inaugurate measures for its ultimate 
 extinction, as righteous and patriotic ; and therefore recog- 
 nize also the so-called Emancipation Proclamation of tho 
 President, in his capacity of Conim.inder-in-Chief of tho 
 Army and Navy of the United States, as well as the bus- 
 
502 
 
 APPENDIX. 
 
 pension of tho Writ of ITabeas Corpus, as constitutional 
 and ill tho liiglicst degree jjioper meaBures lor the sup- 
 pression of the present insurrection. 
 
 7. Resolvtd, Thwt we will not omit, as becoming our office 
 and work, as preachers of the Gospel, to support tho Gov- 
 ernment in every proper measure, which it may employ 
 for the suppression of tlie reliellion, and the restoration of 
 peace, and that we earnestly exhort all our members, ac- 
 cording to the dcictriiie of tho Bible, and |)rofe8sion of re- 
 ligion, to manifest toward the Government reverence, 
 fidelity, and obedience, and not to neglect to pray for the 
 same and tho welfare of our country. 
 
 8. Itesolced, That we consider the political partisanism, — 
 where the interests of the country and religion are made 
 of lets importance tlian party interests, and are sacrificed 
 inconsiderately — as entirely ijnworthy of a Christian citi- 
 Z'U; and therefore urgently admonish our preachers and 
 members to abstain from all such folly. 
 
 9. liesolved, Tliat we appreciate the patriotism and 
 bravery nf our fellow-citizens, who have sacrificed the 
 comforts of douicsti'; life, and took up arms in defense of 
 their country, and heartily sympatlii/o with them and 
 their faniilies, and remember the sufferings and sacrifices 
 which they have endmed for tho deliver.iuce of the Union 
 and preservation of the Republic, or may yet endure, that 
 we will support them with word and deed, and will ever 
 remember tli<-m in our prayers. 
 
 10. Kcsolved, That we will not omit to call upon God, to 
 pour 0)it His Spirit in an abundant measure upon the 
 Church of our laud, and upon the nation in general, that 
 lie will redeem our nation from its sin, eradicate its guilt, 
 and speedily grant us a just and permanent peace. 
 
 J. J. ESUKR, 
 R. DUBS, 
 H. HUELSTER, 
 M. LAUER, 
 J. STOI.L, 
 A. STAHLY, 
 J. I'UCIIS, 
 S. Q. RIIOADS, 
 
 Committee. 
 
 MINORITY REPORT. 
 
 Whereas the majority report of the Committee on the 
 state of the country contains expressions which we cannot 
 conscientiously endorse ; therefore we submit the follow- 
 ing : 
 
 Whereas a wicked and causeless rebellion is still raging 
 over a great part of our country, threatening our civil and 
 religious liberties, imperiling the glorious Union of these 
 states, and aiming, iis we believe, at the overthrow of our 
 glorious Republic; and 
 
 M hereas the Government of the United States, in its 
 efforts to put down this wicked and gigantic insurrec- 
 tion, should have the undivided support of every citi/en, 
 who loves his country, and the heaven-born institutions 
 of freedom, bequeathed unto us by our fathers; and 
 
 Whereas we recognize the hand of God, in the destinies 
 of all the nations of the earth; therefore, 
 
 RefoUed, That while we deeply deplore the existence of 
 this fratricidal strife, and the ne(-essity of bloodshed in tho 
 maintenance of tho Union, nevertheless we believe it to be 
 the duty of the Government to use every legitimate and 
 constitutional means to suppress the abominable spirit of 
 treason, exterminate rebellion, and, by the blessing of God, 
 restore peace and union to our now distracted country. 
 
 Rtsolred, That we conceive it to be the duty of all, 
 especially of every Christian, to sustain the Government in 
 this hour of peril, by prayer, obedience, and every proper 
 means, in its efforts to suppress this cruel rebellion, and to 
 pray that God may grant wisdom to our rulers, and effi- 
 ciency to our arms. 
 
 Kesiilmd, That while wo acknowledge God as the Su- 
 preme Kuler of the universe, and tho Dispenser of the 
 great events of nations, we, at the same time, acknowledge 
 these calamities to be a just chastisement for our national 
 sins, such as ingratitude. Sabbath-desecration, pride, revel- 
 ry, profanity, iutidelity, slavery, &c., and the present con- 
 flict, a struggle between the spirit of liberty and despot' 
 i.Tin ; therefore we humbly bow to the chastening rod of 
 the Almighty, confess our sins as a nation, praying that 
 lie may in llis wrath remember mercy, mitigate tlie 
 intliction of deserved punishment, and overrule this com- 
 niotiou, that, tho nation may come forth purified, His 
 name glorified, and llis purposes accomplished. 
 
 Whereas this terrible struggle has been, and still is 
 fraught, with the loss of property, friends, health, life 
 and limb, bringing distress, sorrow, and mourning into 
 many families, while thousands of our brave fellow-citizeus 
 are still undergoing the privations of soldier's life, there- 
 fore. 
 
 Resolved, That we deeply sympathize with them in their 
 losses and privations, especially with the sick and wounded. 
 
 and assure them of our prayers, while the patriotic dead 
 shall ever live frtsh in our memories. 
 
 Whereas Slavery is a great moral, social, and political 
 evil, one of the primary causes of this unreasonable rebel- 
 lion ; therelore. 
 
 Resolved, That we disapprove of the entire system of 
 Slavery, and fully endorse the sentiments expressed in our 
 Church Discipline. 
 
 Whereas nnich injury has been done in Christian com- 
 munities by undue participati<>u in political party strife; 
 therelore, ' 
 
 Resolved, That we deeply regret that some permit them- 
 selves to be carried away b};«uch party strife, and indulge 
 in contemptuous epithets, and thereby ferment discord, 
 and alienate brotherly feeling to such a degree that the 
 interests of religion and the country become secondary 
 matters and we hereby disapprove of such conduct as 
 hi;::hly culpable and unworthy a Christian and especially a 
 minister. 
 
 Whereas in God alone is our help and safety-; therefore. 
 
 Resolved, That we call U])0n all Christians, everywhere, 
 to unite with us in giving thanks to our great Bei.efactor 
 for the many tokens of Good, which Ho in tho midst of our 
 calamities manifests >mto us, at the same time confessing 
 before God our many national sins, deprecating His wrath, 
 and with us call upon God to give wisdom to our Rulers, 
 and their legal advisers, discretion to our officers, and 
 courage to our soldiers; that He may turn the hearts 
 of the rebels from the errors of their ways ; and upon the 
 whole, to direct the course of events that victory may 
 perch upon our banner, the tide of treason may flow back- 
 ward, rebellion be crushed, and the balmy days of peace 
 and prosperity may soon return and smile upon us again, 
 and the Star Spanyled Banner wave over the entire land of 
 the free and lu/me of the brave. 
 
 JACOB YOUNG. 
 
 VOTE OF THE CONFERENCE. 
 
 For the Maj iritt Report— Messrs. J. J. Esher, R. Duba, 
 H. Iluelster, M. Lauer, J. Stull, A. Stahly, J. Fuchs, S. G. 
 Rhoads, S. Neitz, J. Yeakel, .T. P. Leib, J. Schell, J. Koehl, 
 G. T. Haines, L. Snyder, Fr. Hoffman, F. Krecker, H. 
 Stetzel, E. Kolir, J. i\i. Young, 0. F. Deininger, L,. May, C. 
 Lindeman. A. Niebel, J. Rank, J. G. Pfeuffer, J. L. W. Sei- 
 bert, S B. Kring, L. Jacoby, J. D. Jeuni, M. Lehn, S. 
 Weber. F Herlan, G. F. Spreng, J. G. Zinser, John Drcis- 
 bach, C. M. Reinhold. John Walz, D. Strohman, G. Haley, 
 L. Shouerman, C. A. Munk, F. Freeh, C. Cupp, S. A. To- 
 bias, C. Hummel, C. Sh«fle, Chr. Augenstein, E. Mussel- 
 man, R. Rohlaud, Jos. Schneider, J. G. Esher, L. Buehler, 
 C. A. Schnake, S. Dickover, 1. Kuter, J. Keiper, M W. 
 Steffey, Joseph Weber, A. B. Shaefer, G. G. Platz, and M. 
 Iloehn. f2. 
 
 FoH THE MiNORiTT REPORT— J. Youug, P. Wagner, S. W. 
 Seibert, and M.J. Carothers. 4. 
 
 CATHOLIC. 
 
 I have not been able to a-certain that any 
 council or body of the Church has made a de- 
 claration ou the subject. Several of the Bishops 
 have, OU sunary occasions. Bishop Hughes 
 undertook a mission to Europe in the interest 
 of the Government. llis successor, Bishop 
 iMcCloskey, at the late thanksgiving for victo- 
 ries, ordered a general obseivance of the day 
 in his diocese, with appropriate services in 
 the churches. Bishop Wood, of Philadelphia, 
 issued this paper : . 
 
 To the Clergy and Faithful of the Diocese of Philadelphia : 
 Oreiting: 
 
 We cheerfully call your attention to the invitation of his 
 Excellency, the President of the United States, who, in an- 
 nouncing the recent successes of the Union arms, desires 
 that all should unite in thanksgiving, supplications and 
 prayers to the Great Ruler of the destinies of nations. 
 
 Let us, therefore, send up our thauksgivin.TS to God for 
 the merciful dispositicms of His Divine Providence in our 
 regard, and pour forth our earnest supplications that His 
 Divine blessing may desceml upon us, and procure for us 
 the inestimable fruit of national harmony and fraternal 
 union. 
 
 We request the Reverend Pastors to recite for this inten- 
 tion at tho last Mass on Sunday, the Litany of the Saints, 
 and to add such devotions as they may deem appropriate to 
 the occasion. 
 
 Pax Domini sit semper vobiscura. 
 
 Given at Philadelphia this 9th day of September, A. D. 
 1864. t J-^MES F. WOOD, 
 
 Bishop of Philadelphia. 
 
APPENDIX. 
 
 503 
 
 Archbishop Kenrick, of Baltimore, September 
 2, 1861, issued an address to the clergy of the 
 diocese of Baltimore, directing the use " on all 
 Sundays at ilie parochial Ma>^s," of a prayer for 
 the Piesident of the United States, and for the 
 authorities generally, being th it framed by John 
 Carroll and prescribed in 1791. 
 
 Archbishop John B. Purcell, of Cincinnati, 
 publiijhed this Address on a like occasion : 
 
 The President of the United States and the Governor of 
 the i-t iti' of Ohio having, in conformity with ii most proper 
 and a time-honored practice, appointed tlu" fourth Tliur.sday 
 of November as a day of devout tli'nlisgiviug to tho Al- 
 mighty God for His mercies; of humiliation fur om- Aim; 
 and of Biiijplicatioii for peace; we hereby ordain that the 
 Catholic cungregations'or this diocese be earnestly t-xhorted 
 by tiieir pastors to meet in their respective chnrclus on the 
 day alove specified, and assist in beoniing sentiments of 
 gratitudi-, penitence and prayer at tho great Eucharistic, 
 expiatory and Impetratory Sacrifice of the New Law. 
 
 N'.'e, Caiholics, have largely sli;ired in the blessings of 
 health, abundant harvests and .x. miiti-u iVniii tin-' ravages 
 of warwhirh God has granted t" tli • p -iil- nf th^- Xorih. 
 Our sins have as hirgely merit. -d tli.. . li,;-; ^iinnt which 
 has overtaken our erring brethrm .it tli.. S..ulli. aii.l which 
 has cost the life-blood of so many thousjuKls of our own 
 brave soldiers who left their pleasant homes to check the 
 advance of the foe and confine the deadl.y strife to the bat- 
 tle fields on which it madly oiiginated. Our hopes of future 
 happiness on earth are vain If the peace, tho prosperity, the 
 progress in arts, sciences and religion which have distin- 
 guished us among all the nations of tlio earth for fourscore 
 and eight years, and which, under the Divine blessing, are 
 mainly attributable to our Constitution and Union, be not 
 continued by the maintenance of that Union and the elim- 
 ination of those defects wiiich Christian civilization and 
 our own experience have shown us the Constitution con- 
 tained. It tlierefore becomes our solemn duty to o'jservo 
 with no ordinary fervor the National holiday ; and as we 
 Cannot enjoy, and should not desire, peace, happiness and 
 independ iK-e except in tlie society of our fellow-citizens, 
 we .shoiU.l pray lor and promote, by every means in our 
 pi.wer, thiir welfare as well as our own. 
 
 We confess that it has greatly pained us to hear that 
 certain rash, irreverent and thoughtless men of our com- 
 munion have denminced and abused the Government, the 
 Administration, and their abettors. Now, God commands 
 U3 to bless and curse not. And when bad men cursed the 
 supporters of the Government, did they not reflect that 
 the.v cursed the more than hundreds of thousands of Caih- 
 olic voters, and Catholic soldiers of cur army who defend 
 that Government in the field? Did they not reflect that ils 
 downfall would be hailed with acclammation by our own 
 hereditary oppressors, across the ocean? Did they reflect 
 that if political salvation is ever to reach a far distant and 
 beloved island, it must come to it from these United States 
 which they would sever ? 
 
 There is no j ustify ing cause or reason to curse the Govern- 
 ment or the Administration. They did not commence this 
 war. They could scarcely bring themselves to believe that 
 it was seriously commenced, even when forts had fallen and 
 the blood of our people was shed by the hands of the South. 
 And when force had to be repelled by force, when armies 
 had to be r.dsed and, therefore, troops to be drafted to raise 
 the blockade of onr rivers and stem the tide of aggi-ession, 
 what more did our Government do than was done in the 
 South ? Where in the North was tho dratt, the conscrip- 
 tion, enforced as ruthlessly and-as indiscriminately as in 
 the South? Where was the citizens' property confiscated 
 without cmipensation for the alleged uses of the Govern- 
 ment, as it was in tho South? We have conversed with 
 Irish Catholic refugees from Georgia, from Arkansas, from 
 Alabama and other Southern States, and we know how 
 the.v were stripped of tlieir money and their clothes, and 
 ca.st into prison wiien they refused to go into the ranks of 
 the Ci.nl'e.leiate army. .Many an Irish l.djorer told us in 
 the hosiiituls luTe an.l elsewhere, tiiiit when the war broke 
 out in the Smtli and thf piihiic wi.rks were suspended, 
 they were either violently conscripted, or iiad to enlist or 
 Bta.ve. 
 
 Wo do not adduce these facts to ( 
 against the Sonth, but to put t.i «h:ii 
 
 the North, 
 
 -spc.-i.div th.' 
 
 p;l,tnn /.V- 
 
 .)•'/, of New "i 
 
 fiding peo. 
 
 le t.i evil w<,r. 
 
 selves uho 
 
 p;itroni/ed sn< 
 
 deceived bj 
 
 tiic.ir nialigni 
 
 It is tin. 
 
 , Ih.rel'ore.'n. 
 
 rU shonhl 
 
 return to tin. 
 
 we should 
 
 rally round 
 
 unkind feelings 
 
 i.< jotirnalists of 
 
 ' :iMd the Mc.lro- 
 
 1 our tooeon- 
 
 ili.. people them- 
 were duped and 
 
 that the election is past, that 
 
 sober second thought, and that 
 
 nd the constituted authorities, tho 
 
 " powers " which the Apostle commands ns to obey, and 
 thus presenting an undivided front to the enemy, re-estal*- 
 lish the Union, without which there can be no pan;M;eii, 
 present or prospective, for the ills they suffer. The South 
 beholding us thus of one mind, will, we devoutly trust, 
 hasten to make peace, and we. on our side, will show them 
 that we are ready and willing to make greater sacrificea 
 tor peace and union with them than ever we made for war. 
 
 The Reverend Clfrgy will please recite the Litany of the 
 Saints, in union with their beloved floik, belbre Shuss, re- 
 peating three times tho two prayers tor peace, and the 
 prav( r : God, who by sin art offended, and by repeutanca 
 pacified, &c. JOHN B. PURCKLL, 
 
 Archbislivp of Cincinnati. 
 
 Cincinnati, 13th Nov., 1S64. 
 
 FBIEND OR QUAKER. 
 
 YEABLT MEETING FOR PENNSYLVANIA, NEW JER- 
 SEY, DEL.\WAIIE, AND EASTEltN SHOEK OF 
 M.vrtYLAND, 18G2. 
 
 This Address was adopted : 
 To the President, Senate and House of Representatives of the 
 
 United States of America: 
 
 At the yearly meeting of Friends, held in Philadelphia, 
 for Pennsylvania, New Jorsey, Delaware, and the Eastern 
 Shore of Maryland, liy adjournmont from the twelfth day 
 of the fifth month to tho sixteenth of the same, inclusive, 
 Anno Domini one thousand eight hundred and sixty-two, 
 
 Tho following minute was read, united with, directed to 
 be signed by the clerks, and forwarded : 
 
 This meeting h;is been introduced into a deep concern 
 relative to the present condition of our country. Our 
 minds have been directed to those who preside over our 
 National Government, and gratitude has been felt to the 
 Great Ituler of Nations that ho has so far moved tlie hearts 
 of these that they have decreed the District of Columbia 
 free from slavery. We earnestly desire that tho Chief 
 Magistrate of the Nation and our Congress may, in this 
 Season of deep trial, humbly seek Divine guidance, that 
 under tills influence they may act for the cause of justice 
 and mercy, in that wisdom which is ptire, ijeaccablo and 
 [irofitable to direct, and that the effusion of blood may be 
 stayed. 
 
 Signed by direction and on behalf of the meeting afore- 
 said. MAllY S. LIPl'INCOTT, 
 
 Clerk of the Women's Meeting. 
 WILLIAM GRISCOM, 
 
 Clerk of the Men's Meeting. 
 YEARLY MEETING, 1864. 
 
 The body adopted this address : 
 Tn I fie PreHdent, Senate and House of Representatives of the 
 
 United Slates: 
 This Memorial of the Representative Committee, or Meet- 
 ing for Sufferings of the Religious Society of Friends, 
 of Pennsylvania, New Jersey, Delaware, and adjacent 
 parts of Maryland, respectfully ehowoth, that 
 
 We respect, honor and love this Government, which we 
 believe Divine Wisdom has placed over us, and because of 
 this, we desire that it may, in no particular, be found striy 
 ing a.gainst God, or persecuting His children, however hum- 
 ble in position or numbers they may be. 
 
 Under tho present law of Congress, every able-bodied 
 citizen within certain ages, in time of war, is liable to be 
 called upon t)y the Government to bear arms in its defence. 
 
 We represent a, peoplo who cannot comply with this law 
 without disobeying tho command of God to them. 
 
 Neither can they furnish a substitute or pay any equiv- 
 alent or fine imposed for exemption from military service,, 
 because in so doing, they feel that they would implicate 
 themselves in a violation of their conscientious scruples in 
 this respect. 
 
 We hold, that the doctrine that human governments are 
 ordained of God. does not imply the infallibility of thase 
 who ailininisi.i ileiii, and gives them no right to require 
 
 us to vi..:: . M janee to the Almighty, who is sover- 
 
 ei.gn Loi.l ..| . n-. i. n. . , and whose right it is to rule and 
 reign in tir.- in aii> ..| His children. 
 
 For more than two hundred years our Society hsis held 
 the doctrine, that all wars and fightings were forbidden to 
 them, as lollbwers of Christ — differing in this respect from 
 nearly all other associations of men claiming the Christiaii 
 name. 
 
 For asserting and maintaining this, and other testimonies 
 of the "Truth as it is in Jesus," they were brought under 
 cruel persecution, enduring tho despoiling of their estates, 
 incarceration in prisons and loathsome dungeons, and 
 death. 
 
 Through this long season of darkness, their depondencs 
 was upon Divine Power, under which, their patient suffer- 
 
504 
 
 APPENDIX. 
 
 ing and earnest remonstrance obtained in some degree the 
 isivor of those iu authority. 
 
 For the frte enjoyment of civil and religious liberty, they 
 came to this land, to seek amongst tlie so-c:illed savages of 
 the wilderness, immunities and privileges denied thorn at 
 the hands of a professed Christian nation. Here William 
 Penn and his friends planted their infant colony, and proved 
 the efficaC' of tlio principle of Peace. The conflict of arms 
 was unknown, and histoiy bears no record of strife between 
 the Indian and the Friend. 
 
 We their descendants, now approach you, not alone with 
 a view to shield ourselves from suffering, but under a sense 
 of duty to God, to assert the sacred rights of conscience, to 
 raise the standard of the Prince of Peace before tho nation, 
 and in IIU name to ask you to so modify the law, that it 
 shall not require those who administer it, to bring i«der 
 persecution innocent men for obeying His conmiands — "Ye 
 are my friends if ye do whatsoever I command you." — 
 '• Whether it be right iu tho sight of God to hearken unto 
 you more than unto God, judge ye." 
 
 In thus defining our position, we enter not into judg- 
 ment or condemnation of tlii'so who differ from us. Wo 
 appreciate tlie difficulties that surround those upon whom 
 rests the rcBponsibility of guiding the nation through the 
 awful perils of civil war. 
 
 We appeal to you under a sense of suflTering — afiQictions 
 and mourning surround us, and sorrow hath filled our 
 hearts. 
 
 Many of our young men, overcome by the spirit of war, 
 have rushed into the conflict, where some of them have 
 found an early death ; some have purchased their release 
 from the draft by the payment of money , others have re- 
 mained steadfast to their faith in the hour of trial, thereby 
 subjecting themselves to tho penalty for desertion. Trust- 
 ing in tho mercy of our Heavenly Father, we desire that 
 He may so touch your hearts and understandings with His 
 wisdom, that you may grant our petition. 
 
 Signed by the direction, and on behalf of the Committee. 
 SAMUEL PAXIRY, Clerk. 
 
 Philadelphia, 1st mo. 22d, 1864. 
 
 UNITABIAW. 
 
 CONFERENCE OF THE WESTERN UNITARIAN ASSO- 
 CIATION, HELD AT TOLEDO, OHIO, JUNE, 1863. 
 
 June — The body met at Toledo, Ohio, and 
 adopted the following resolutions ; 
 
 Whereas our allegiance to the kingdom of God requires of 
 us loyalty to every righteous authority on earth ; there- 
 fore, 
 
 liesolved. That we give to the President of the United 
 States, and to all who are charged with tbe guidance and 
 defence of our nation in its present terrible struggle for 
 the preservation of liberty, public order, and Christian 
 civilization, against tho powerful wickedness of treason 
 and rebellion, the assurance of our cordial sympathy and 
 steady support, and that we will cheerfully continue to 
 share any and all needful burdens and sacrifices in tho 
 holy cause of our country. 
 
 •2. That we hail with gratitude and hope the rapidly 
 growing conviction among tho loyal masses of our coun- 
 trymen that the existence of human slavery is inconsistent 
 with tho national safety and honor, as it is inconsistent 
 ■with natural light and justice, and that wo ask the Gov- 
 ernment a thorough and vigorous enforcement of tho 
 policy of emancipation, as necessary alike to military 
 success, to lasting peace, and to the just supremacy of the 
 Constitution over all the land. 
 
 These resolutions are in harmony with the 
 tone of Sermons, Addresses, and Discussions, 
 at all the Annual and Semi-annual meetings of 
 the Unitarians, since the war began. The 
 central body — the " American Unitarian Asso- 
 ciation," — by rule and established practice, ab- 
 stain from organized ecclesiastical action. 
 The general position of the denomination, 
 however, is we!l known. With marked una- 
 nimity, its leading societies and ministers have 
 given their earnest support to the policy of the 
 National Govertiment respecting Union, Eman- 
 cipation, and Permanent Peace. The accred- 
 ited organs of the denomin tion — the Christian 
 Examiner, a bi-monthly, the .Monthly Journal, 
 the P>-eligiou3 Miscellany, the Christian Regis- 
 ter, and the Chribtian Inquirer — have inces- 
 
 santly and uncompromisingly advocated the 
 cause of Union and Freedom throughout the Re- 
 public. One of their ministers — Kev. William 
 Henry Channing — is Chaplain of the present 
 House of Representatives 38th Congress. For 
 the subjoined interesting facts I am indebted 
 to Rev. A. Woodbury, of Providence, R. I. : 
 
 One minister of the Unitarian Church has been a colonel 
 of a colored regiment ; one a lieutenant colonel of the same ; 
 one a captain aide-de-camp ; two lieutenants in the line, 
 one of whom was killed in battle; one a corporal and two 
 privates. Tho Church has furnished forty (40) chaplains, 
 two of whom have been killed in action, and one died in 
 tho service. One minister is a secretary in the office of the 
 New England Educational Commission. Three have been 
 engaged in teaching tho freedmen of South Carolina and 
 Mississippi, ono of whom contr.acted a fatal disease in the 
 course of his labors. The Presidents of the United States 
 Sanitary Commission and the Western Sanitary Commis- 
 sion are ministers of the Unitarian church. One is asso- 
 ciate secretary of the United States Sanitary Coiiiinission; 
 another is secretary of the Western Sanitary Commission. 
 and a considerable number have been engaged in missionary 
 and sanitary labors at different times during the progress 
 of the war. 
 
 Since the commencement of the struggle nineteen tracts 
 have been published, entitled as follows : The Soldier's 
 Companion (a book of songs and tunes:) Tho Man and 
 the Soldier; The Soldier of the Good Cn ss ; The Home to 
 tho Camp; Liberty and Law, a poem for the hour; The 
 Camp and tho Field ; The Home to the Hospital ; a Letter 
 to a Sick Soldier ; An Enemy Within the Lines ; Wounded 
 and in tho Hands of the Enemy; Traitors in Camp; A 
 Change of Base; On Picket; The Rebel; To the Color; 
 The Kecruit; A Few Words with the Convalescent; The 
 Recoiiuoissance, and Tho Reveille. Twelve of these were 
 written by Rev. J. F. W. Ware, and the residue by Rev. Dr. 
 Geo. Putn.am, Rev. Messrs. Woodbury, CoUyer and Winkley, 
 and Messrs. Charles E. Norton and Elbridge J. Cutler. Of 
 these no less than 496,000 copies had been distributed up 
 to .July, 1864, at an expense of about $8,C00. The Associ- 
 ation has also sent out one missionary to the Army of tho 
 Potomac, who was taken prisoner in the performance of his 
 duty, and, after two months' confinement, -was released on 
 his parole. Other ministers have visited the camps and the 
 hospitals at different times, and have done a faithful mis- 
 sionary work as opportunity and strength were given them. 
 Arrangements have recently been made for the more ex- 
 tensive distiibution of Unitarian publications among the 
 armies of the Republic. To the amount of work performed 
 by tho ministers of the Unitarian Church ,nre to be adiled 
 the toils and sacrifices of the laymen. The members of the 
 Church are to bo found in all grades of the army, from tho 
 drummer-boy to tho major general, and among tho officers 
 and sailors of the navy of the United States. 
 
 UNITED BRETHREN. 
 
 EAST PENNSYLVANIA CONFERENCE OF UNITED 
 BllETHKEN IN CHRIST, 18G3. 
 
 March — The body adopted these resolutions: 
 
 Whereas our beloved and prosperous country, by the 
 hellish intrigues of designing aspirants alter power and 
 gain, is now deluged by one of the most unholy and diabol- 
 ical rebellions that ever curs( d our world, thereby endan- 
 gering tho great, good principles of the Government, and 
 threatening to overthrow our free institutions, and the de- 
 struction of our blood-pm-chased and heaven-sanctified 
 liberties; 
 
 And whereas there appears no honorable or righteous 
 element of power in our iiands to put in force to subduo 
 treason and crush rebellion but a resort to arms; and 
 whereas an enlightened and christianized people may em- 
 ploy physical force, even to the destroying of human life, 
 for the protection and iireseivation of its sidijects and the 
 perpetuation of its own existence, as we have in the follow- 
 ing quotation from the Scripture of Truth : " For there is 
 no power but of God; tho powers that be are ordained of 
 God. 
 
 " Whosoever, therefore, resisteth the powers resistoth tho 
 ordinance of God, and they that resist shall receive nnto 
 themselves damnation. For rulers are not a terror to good 
 works but to the evil." * * * "For he is the minister of 
 God to those for good. But if thou do that which is evil be 
 afraid; for he bearelh not tho sword in vain, for he is the 
 minister q/"(i0D, a nvenger to execute vengeance upon him 
 that dootii evil." Therefore, 
 
 Resolved, 1. That we look upon the action of the so- 
 named "Southern Conlederacy," from first to last, as a 
 
APPENDIX. 
 
 505 
 
 record of the moBt hellish inhumanity, unrighteousnesa 
 9,nd barbarity ever known in the records of the nations. 
 
 2. Tli;it we look upon the efforts of Northarn Copperheads 
 t'l aid S-outhorn miscreants in their nefarious work to over- 
 throw our Uovernuicnt. as beings unworthy the protection 
 oi the Stars aud Stripes, or the sympathy of any true, loyal 
 man. 
 
 3. That we do most detcrminedlj' condemn the assertions 
 of tmholy, disloyal, foul mouthed and desi„-ning polilicians, 
 that miuisters of the Gospel are the cause of the present 
 rebellion. 
 
 4. That our devout sympathies are with the thousands of 
 our fellow-citizens who are enduring the privations, suffer- 
 ings and dangers of tlio army, and also for their families 
 aud friends at home, and tliat wo will continue our earnest 
 petitions to God in their behalf. 
 
 5. That we believe God, in his divine providence, has put 
 Abraham Lincoln, the proper man in the riglit place, the 
 Presidential chair, and that we endorse his every effort to 
 rid the country of the most heaven daring of all evils and 
 Hns — human slavery. 
 
 6. That we continue to offer to God our sincere prayers 
 for our President, that he may be sustjiined in his great 
 aud arduous duties by divine power, and that every loyal 
 heart may beat with warmest sympathies for him, and tliat 
 h'aven may mercifully hold his heart in his almighty 
 hand. 
 
 7. That wo believe that the deep-seated, unnatural, in- 
 human, unchristian, and causdesa hatred to the colored 
 race, should and must cease to render our nation acceptable 
 to God. 
 
 8. That we will endeavor to make judicious and Christian 
 efforts in our diffeieut fields of labor, publicly and pri- 
 vately, to collect funds to send missionaries aud teachers 
 among the now free, and yet to be freed, colored people. 
 
 9. That we approve heartily the course of Governor Cur- 
 tin in his exertions to aid the General Government in sub- 
 duing the present cursed rebellion, and in his efforts to 
 save our State from the fierce, fiery tread of traitorous op- 
 pressors and cut-throats; and that we hurl back with con- 
 tempt the assailing of his actions by Northern rebels in 
 the pres,< or private conversation. 
 
 10. That a copy of the foregoing preamble and resolu- 
 tions be t.ilcen to President Lincoln, by Bishop Markwood, 
 assuring him that there is unwavering and deeply-rooted 
 loyaltj glowing in the hearts of the members of this Con- 
 ference, and the people whom they represent. 
 
 UNIVERSALIST. 
 
 GENERAL CONVENTION OF UNIVERSALISTS, 1861. 
 
 September 17 — The body met in New York. 
 Sepieiuber 19 — The Report of the Committee 
 on the titate of the Country — llevs. L. C. 
 Browne, A. St. John Chambre, and Mr. Dean 
 Cliipp — after being amended to read as follows, 
 was unanimously adopted: 
 
 Whereas, Our country is now unfortunately involved in 
 a war occasioned by an unwarrantable and atrocious reb«l- 
 Ijon agaiust its government constitutionally chosen, and 
 the success of which would jeopardize the cause of civil 
 aud religious freedom throughout tlio world; therefore, 
 
 Itesoli-ed, That we hereby express our earnest sympathy 
 with our rulers in this their hour of trial; with our coun- 
 trymen in arms for the defence of our institutions, and 
 ■with the ministers of our own and other Christian orders 
 who are called, in the Providence of God, to administer 
 Christian admonition and consolation in the camp and on 
 the field. 
 
 2. That we, as a denomination, pledge our earnest labors, 
 our pecuniary means, and our heartfelt i)rayers for the 
 success of the Federal arms, tlie defeat of this unnatural 
 rebellion, and the speedy return of an honorable peace, 
 and the prosperity that has crowned us as a United Nation 
 in the past. 
 
 A resolution offered by Rev. 6. L. Demarest 
 of Ohio — iiut not } ublished in the Minutes — 
 was discussed and tabled, and re-discussed 
 and re-tabled. 
 
 GENERAL CONVENTION OF UNIVERSALISTS, 1862. 
 
 September 16 — The body met at Chicago. — 
 Rev. J. S. Dennis of Iowa, Rev. C. W. Biddle of 
 New Jersey, and Rev. A. W. Bruce of Massa- 
 chusetts, were appointed a Committee on Busi- 
 ness. 
 
 September 17 — Mr. Dennis reported the fol- 
 lowing preamble and resolutions: 
 
 ■Whereas our country is still afflicted by the bloody strife 
 that has been precipi.ated upon us ; and whereas we esteem 
 it the duty of every loyal citizen, especially those repre- 
 senting the moral and Christian sentiment of the land, to 
 dccliiro fealty to the Government, in this hour of its peril, 
 and to uphold the hands of those iu authority overns; 
 tluTcfore, 
 
 Resolved, That while in our judgment, we must accept 
 the existing strile as the natural and inevitable penalty 
 of our national infidelity to our republican principles, and of 
 our iittempt to reconcile freedom and slavery (whic^h are 
 essenti.illv inctouiilable,) wo rencwedly express our faith 
 in tbe jiisii .■ of nurcause and in the certainty of our final 
 trituiii'h ; uml I'ljewedly tender to the President and his 
 Consiitutional advisers, the assurance of our sympathies 
 amidst the great responsibilities of their position; and of 
 our hearty support in all proper and efficient efforts to sup- 
 press this atrocious rebellion. 
 
 Kesolved, That we gratefully record our appreciation of 
 the patriotism of our people, and of the valor and heroism 
 of our soldiers; and that while we honor those who have 
 relinquished the chai'ms of home, aud offercul life as a sac- 
 rifice for our country, we invoke God's blessing upon them, 
 amidst the exposures of war, and ask His comlbrting grace 
 for the homes that have thus been darkened, and for the 
 hearts that the casualties of battle have bereaved. 
 
 Resolved, That wo have occasion, amidst the events 
 through which we are passing, to be deeply impressed with 
 the reality of God's moral rule, and to learn anew the les- 
 son, that neither nations nor individuals can safely defy 
 His law, nor hope to escape from the inexorable ordinance, 
 that sinners must eat of the fruit of their doings. 
 
 Afternoon Session — Rev. T. T. Goodrich, of 
 New York, moved to strike out the words, " and 
 of our attempt to reconcile freedom and sla- 
 very, (which are essentially irreconcilable) ;" — 
 whi.-h was lost. 
 
 On motion of Mr. L. J. Fletcher, the report 
 was re-committed — yeas 17, nays 16. 
 
 September 18— Rev. C. W. Biddle, of New 
 Jtrsey, offered the following : 
 
 Whereas our beloved country is still afflicted with a 
 bloody civil war, and a determined foe is striving to usurp 
 the authority of the Central Government in a portion of 
 the land; and whereas, it is the duty of all loyal citizens 
 and organizations to acknowledge the blessings of good 
 Government, and to support the rulers of the nation; and 
 whereas we are deeply interested in the present contest be- 
 tween our country and its foes ; therefore, 
 
 Resolved, That we re-affirm our devotion to the cause of 
 the nation, in this hour of its p.ain and peril; that we re- 
 gard as second only to the cross of Christ the glorious 
 banner of the country; that we look on it, in this strife, as 
 the emblem of constitutional government and the symbol of 
 our national unity and life. 
 
 Resolved, In the words of Washington, " That the unity 
 of government that constitutes us one people, is tho main 
 pillar of our political independence and that the union of 
 these States under one Constitution and Government, and 
 tho maintenance of our republic, is tbe hope of the op- 
 pressed of all nations;"' that we find in dissolution, the 
 seeds of future and indefinite conflict; and that tho iirm 
 of the nation must be stretched forth till the rebellion is 
 put down. 
 
 Resolved, That we tender to the President of tho United 
 States our sympathy in liis efforts to maintain the integrity 
 of the Government, and pray that by a vi;;orous exercise 
 of all the energies of th.' n.iticm, victory may ivrch upon 
 our banner and peiici> In- sj lilv n'^tucd |.. (he laud. 
 
 Resolved, That ur iiupl,.,,. th.- I,!,-^-],,;; ,,t Mini Jity God 
 on our Army and Navj, ihai lln-y may lir iiii'mtv. d iu time 
 of battle and triumph in evc'ry contest ; and that we humbly 
 pray, we may learn from these heavy chastisements under 
 which we arc passing, that there is a God that judgetli in 
 the earth, and that only righteousness can exalt a nation. 
 
 Rev. J. T. Goodrich moved its adoption. 
 
 Rev. L. J. Fletcher moved as an atnendment 
 the adoption of the preamble and hrst reso- 
 lution. 
 
 Hon. G. I. Parsons of Michigan moved to 
 lay the report on the table ; which was lost — 
 j-eas 9, nays 14. He then moved the sm.sti- 
 tutioa of the preamble aud resolutions of yes- 
 
506 
 
 APPENDIX. 
 
 -jcas 
 
 terday's report; wLich was agreed to 
 2G, nays 9, as follows : 
 
 YE.Ki—Clin'ca!: A. W. Bnico of Massachusetts, C. H. 
 Fiiy t.f ];iio(le Island, E. G. Ui-ooks ot New York, G. W. 
 M>jiitg()iii«ry of New York, D. Bacon of Pennsylvania, 
 Murion Cro.slev of Ohio. \\. J. Cliaiiliu of Indiana, H. h\ 
 Miller of luiliaiia, A. G. Ilibbanl of Illinois, James Gorton 
 of Mirliigan, J. S. Dennis of Iowa, G. W. Lawrence of 
 Wisconsin — 12. Imi/ : D. nnis Britain of Vermont. J. W. 
 Fairbanks of Massachusetts J. A. Darling of Rhode Island, 
 Isaiic Tinkey of New York, Aaron D. Miller of Indiana, 
 Jolin Ileuston of Indiana, Paul B. King of Illinoi*. Hon. 
 Alfred Kuowles of Illinois, A. G. Throop of Illinois, lion. 
 O. I. Parsons of Michiyin, Hon. W. A. Kobinson of Michi- 
 gan, C. U. Wright of Iowa, 11. M. EutUes of Wisconsin, N. 
 U. Hemiup of .Minnesota— 14. Total, 126. 
 
 Nav-s— tfenci//; L. I. Fletcher of Massachusetts, C W. 
 Biddle of New Jersey, George Messenger of Ohio, J. P. 
 Weston of Illinois, J. T. Goodrich of New York— 5. Lai/ : 
 Benjamin Kelley of ■ aine. Slinot Tirrcll of Massachusetts, 
 John Osborn of Massachusetts, P. P. Demarest of New 
 York-^. Total, 9. 
 
 The report of iTtb made by Mr. Dennis, was 
 then adopted, as suhsliluted, yeas 28, nays 7. 
 Same as before, except that Revs. Mr. Fletcher 
 and Mr. Weston changed from nay to aye. 
 
 GENERAL CONVENTION OF UNIVERSALISTS, 1863. 
 
 September 15 — The body met in Portland, 
 Maine. 
 
 September 17 — The Business Committee — 
 Revs. J. G. B.irtholomew, H. R Walworth, 
 and A. Battles — reported these resolutions : 
 
 WTiereas the General Convention of Universalists in the 
 Uoiled St;ites of America, has ever been distinguished for 
 Its loyalty to Government and its devotion to the principles 
 of freedom and humanity ; therefore, 
 
 Jieeolvid, That in this time of national peril, when the 
 wicked hands of a blood-thirsty rebellion hiive been raised 
 to strike a death-blow at the Constitution and the laws ot 
 the land, and overthrow the libenies of every citizen, we 
 recognize the merciful hand of Providence in the constant 
 and zealous loyalty of the great majority of our people, as 
 well as in the victories which have recently crowned our 
 arms; and while we slill appeal to our rulers and the 
 people not to abate their vigor in prosecuting the war 
 until the rebellion is effectually subdued, we yet feel that 
 our trust must be in God, who alone can give us permanent 
 triumph. 
 
 2. That wo renew our expressions of Christian fidelity 
 and loyaltj' to the Government, and reaffirm ourconfidenco 
 in our Chief Magistrate, whose honesty of purpose stands 
 nnimpeached ; and that we recognise in his Proclamation 
 of January 1st, 1803, a carrying out of the injunction 
 of Scripture to " break every yoke and let the oppressed 
 go free." 
 
 3. That wo recognize the wisdom which prompted our 
 fathers in their struggle for National Independence to arm 
 the negro in securing our freedom, and are sanguine in 
 the belief that a similar policy adopted at this time, which 
 shall call the blacks to share with the whites in the 
 perils and sacrifices of our present struggle, and secure to 
 them the blessings of a common freedom, will be equally 
 effectual in re-establishing order among us, and striking at 
 the root of this cruel rebellion, "so that when peace comes, 
 it will come so as to stay, and be a peace worth having." 
 
 4. That 'he. President of this Council ho instructed to 
 forward to the President of the United States a copy of 
 these resolutions. 
 
 The first resolution was adopted. On the 
 second, the vote was : 
 
 TE.Ka— Clerical : A. Battles, F. A. nodsdon,B. F. Bowles, 
 Eli IJallou, T. R. Spencer, J. S. Barry, Benton Smith, A. 
 M. Rhodes, Thomas Borden, If. Blaiichard, C. W. Tomlin- 
 son, 'H. 11 Walworth, Ui.bard Edd^— 13. Lay: Hon. 
 Israel Wasl.liurn, E. F. Beat, W. A. Vaucchn, Moses Ilum- 
 phiev, E. C. Starr, E. C. Fuller, J M. Sargent, Benjamin 
 Spiniiey, G. W. Hall, Willard Goldtliwaite, II. J. Angell, 
 Paachai Converse, James Cooper, N. Van Nostrand, G. W. 
 Barnes, J. J. Van Zandt, David Tappen— 17. Tot.il, 3l). 
 
 iiA'!S— Clerical: O. L. Demarest and George Messenger 
 pf Ohio- 2. Lay: David Tichenor of New Jersey— 1. 
 Total, 3. 
 
 The remaining resolutions were adopted 
 without division. 
 
 GENERAL C^^NVENTION OF UNIVERSALISTS, 1864. 
 
 September 20 — The body met in Concord, 
 
 N. n. 
 
 September 21 — The report of the Cominitcee 
 on the Slate of the (Jouniry — J. V. Wilson of 
 Conn., P. B. Ring of 111. and Revs. M. Good- 
 rich of 11. 1.. Richard Edily of Pcnti.. L J. 
 Fletcher of N. Y , and J. M. Usher of MiSS.,— 
 was unanimous y adopted, as foUows : 
 
 Whereas the fearful war with which our nation has beon 
 scourged for years still continues, and makes additional 
 demands on our courage, energy, patience and faith ; there- 
 fore 
 
 iJc>to?vef/, That we recognize in it the punishment of our 
 people for their persistent arrogance and oppression. We 
 can not therefore hope for the return ot peace through 
 efforts to rivet anew the chains (f the bondman, or to per- 
 petuate the former glaring inconsistencies between our 
 proiessions of love for liberty and the supptrt of slavery. 
 
 2. That while we deplore the bloodshed, costliness and 
 agonies of war, and earnestly pray for peace, we yet deem 
 a cessation of hostilities which leaves it unsettled whether 
 treason is to bo rebuked or petted and fondlc<l, a delusion 
 and a snare. If followed by attempts to bribe traitors to re- 
 turn toa nomi:iiil allegiance by the promise of suriendering 
 to their vengeance two hundred thousand colored men, who 
 are now bravely battling in our armies for Union and 
 order, it would show such dastardly perfidy in our Govern- 
 ment, as would call down on our nation the stern displea- 
 sure of a righteous God. and condc^mnation from all good 
 men ; such attempts would sound the knell of our Union, 
 the shipwreck of our country. 
 
 3. That while we gratefully accord the meed of praise to 
 Grant, Sherman, and their brave associates in command on 
 the land, and to Farragut, Stringham, Porter, and the other 
 noble commanders on the sea, for their valor and skill, we 
 desire to place on record our admiration for and gratitude 
 to the common soldiers and s.iilors, who, with little hope 
 of distinction and fame, have cheerfully periled their lives 
 for country and humanity. While so many are found ready 
 to serve, as well as to be served, to follow as well as to 
 lead, wo will not despair of the Republic. 
 
 4. That while we recollect that it was not alone by the 
 sword of Joshua, but also by the uplifted arm of Moses, 
 that Israel prevailed over Amalek of old, we recognize the 
 power of earnest, trustful prayer. Most reverently, there- 
 fore, will we continue to supplicate the God of Sabbaoth, 
 that justice and equity may be done in our land; that an- 
 archy and misrule may be checked ; that righteousness 
 m.'iy triumph, and peace speedily return ; and that the 
 Lord God may lift hi* face upon us and bless us. 
 
 YOUNG MENS' CHRISTIAN ASSOCI- 
 ATIONS. 
 
 .NATIONAL CONVENTION OF YOUNG MEN's CHRIS- 
 TIAN ASSOCIATIONS OF THE UNITED STATES AND 
 THE BRITISH PROVINCES, 1863. 
 
 May — The body met in Chicago. Delegates 
 were pre^seut from mor-t of the N.-vtlierii States, 
 the District of Columbia, Canada and England. 
 The Association was presided o er by George 
 H. Stuart, of Philadelphia, and passed the 
 following res. dui ions : 
 
 Jiesolrcd, That wo hereby reaflirm our unconditional loy- 
 alty to the Government of the United States, and our de- 
 termination to afford every required and Christian aid for 
 the suppression of the infamous rebellion. 
 
 liesolved. That we are gratified by the steps already taken 
 by the Administration lor the removal of the great sin of 
 slavery — "the sum of all villanies'" — and must express our 
 candid conviction that the war will last so long as its causa 
 morally e.\.ists, and that when we as a nation do fulli/ right, 
 Qod will not delay to give success to our arms. 
 
 Jicsolved, That it is no time to confound liberty with law- 
 lessness. We cherish the di arest boon of freedom with jea 
 lous vigilance, but remember that true freedom can only 
 continue under restraints, and c.\ist at all as guarded by 
 law. 
 
 liesolved, That neither is this a time for doubtful, timid 
 measures. The counstls of time-serving, sell-seeking, in- 
 consistent politicians are not to be heeded; but the loud 
 voice of the loyal people, the heroic demands of i ur teeming 
 volunteer.«i, and the vigorous me.isures of unsellish and un- 
 co'iiproniising gonorais are to bo respected by those wh« 
 rule over us. 
 
APPENDIX. 
 
 607 
 
 Re'io'ved, That \Te remember with honest gratitude the 
 n i'le aud immense work accomplished by tlio Young 
 Meu'8 Cliris'iaii Associ;ition of our land, and the sanitary 
 aud spiritual fields opened up by the providence of God for 
 our willing hearts and hands, and pledge that we will con- 
 tinue to pray for our army and navy and to meet their 
 wants in the future with greater fidelity, if possible. 
 
 THE AMERICAN" BOARD OF FOREIGN 
 
 MiaSIONS. 
 October, 1864 — At the recent meeting of the 
 B ard in Worcester, Massuchusetts, Rev. Albert 
 Barnes was, by unanimous vote, granted leave 
 to present a series of i nportant resolutions 
 with )Ut the re-erence of the same to a special 
 c nimi t^e. The preamble and resolutions are 
 as following: 
 
 Whereas this Board is called upon to conduct its operi" 
 tions at an important crisis of our country, the result of 
 which must materially affect the missionary cause in time 
 to come ; and 
 
 Whereas this Board has on former occa-sions expressed its 
 sense of the system of slavery in our country, which lies at 
 the foundatiou of the present eflfoit to overcome our civil 
 institutions and to establish a separate government in our 
 land'; and 
 
 Where.ia the missionaries of this Board have with entire 
 unanimity e.xpressed their interest in the cnuse of the 
 country in its endeavors to maintain the Government, and 
 have freely given their sons to the defence of the nation in 
 its present crisis ; therefore 
 
 Resolved, 1st. That this Board receives with affectionate 
 sympathy these expressions of the interest thus manifested 
 by those ia its service, and the sacrifices thus made. 
 
 Resolved, 2d. That in connection with the purpose to 
 spread the Gospel throujrh the world, the results of the 
 Contest on the cause of missions, and in view of diffusing a 
 religion that will be everywhere adapted to sustain ju-t 
 civil government aud the principles of liberty, and that 
 8h;ill tend to deliver the world from the oppression of sl.i- 
 very, as well as in the relation of its members to the Gov- 
 ernment of this land, anil their duty to sustain that Gov- 
 ernment, — this Board expresses its hearty sympathy in the 
 efforts to suppress the rebellion, and gratefully acknowl- 
 edges the divine interposition in the successes which have 
 attended the arms of the nation, as an indication that we 
 shall again be one people, united under one glorious Con- 
 stitution, united in our efforts to spread the Gospel around 
 the world. 
 
 The resolutions were seconded by Rev. Dr. Braine>-d, of 
 Philadelphia, and unanimously adopted, the audience rising 
 eft masse aud spontaneously singing 
 
 My country, 'tis of thee, 
 Sweet land of liberty, <tc. 
 
 UNITED PRESBYTERIAN. 
 
 The following arrived too late for insertion 
 in their proper place, page 474: 
 
 GENERAL ASSEMBLY OP THE UNITED PRESBYTE- 
 RIAN CHUPCII, 18(33. 
 
 May 27 — The body met in Xenia, Ohio. 
 
 June 4 — The report of the special Commit- 
 tee on the " freedmen of O'lr Southern States '' 
 —Revs. G, C. Vincent .) . B. Johnston, John 
 Van E'ton, and Elders William Walker aud D. 
 Mitchell — was adopted, as follows : 
 
 That in the interests of the United Presbyterian Church 
 a Board be created for this special purpose, and that the 
 following Constitution be adopted with a view to secure 
 the objects contemplated : — 
 
 OONfTITUTIO.V OF THE BOARD OF MISSIONS FOR THE FREKDMEN 
 OF THE SOITII.- 
 
 I. There shall bo a Board of Missions for the Freedmen, 
 to be appointed by and amenable to the Assembly. 
 
 II. It shall consist of nine niembors, who shall hold 
 tlieir office three years, and five of whom shall constitute 
 a quorum. Of those first chosen three shall go out of 
 office annually in the order of their names; and thereafter 
 three shall annually be elected by the Assembly. 
 
 III. The Board shall be located in the City of'Alleghony. 
 
 IV. The Board shall meet quarterly, and as muclioltener 
 as necessary; and shall hold its lirst niei'tiiig on the 4th of 
 July, lb63, at ten o'clock, A. M , in the Secoud Church. 
 
 I- T. The Board shall have power to fill any vacancies 
 oCLurring therein during the year, and shall be styled, 
 "The Board of Jlissioiis of the United Presbyterian Church 
 of North America, for the Freedmen of our Southeru 
 States." 
 
 Vi. To this Board shall be intrusted, with such directions 
 and in^'tnlctions as my fioni time to time l>e givi^n by 
 the Assemljly, the supnrintemlence of the Freedmen Mis- 
 sionary operations of the Church. 
 
 VII. Tiie Board shall malie to the Assembly an annual 
 rtport ot its procfi'iiin^s, its condition, and its needs, and 
 shall submit lor approv.il such plans and measures as may 
 be (\< enieil necessarv nr useful. 
 
 VIII. To the board sli:ill l.i lonc' tlip duty, though not 
 tlio exclusive right, of n ii' " ': n'i >; ].ointing Mission- 
 aries and Agents, and .i l , _ r, ids of labor : to 
 tlium shall belong the dut.\ i . . .i,_ the reports of the 
 Corresponding Secretary; \a ^iwn- iiiiii needful directions 
 in reference to all matters of business aud correspondence 
 intrusted to him : of preparing for the Assembly estimates 
 of all appropriations and expenditures ofmoiii^y; and of 
 taking the particular direction and oversight of the Freed- 
 mens niissioiiary work, subject to the revision and control 
 of the Ass-nibly, 
 
 IX. All pi |iMfv, linuses, lands, tenements, and perm.v 
 nent fiin.l- i -.iiun'; t.. i:i,- 1{>. .vd, shall be taken in the 
 nameof 111 I u : ; i \ - -lablv, ami hold in trust 
 by them t.- ■:,.;, i ' ;! :r -i ••■lii,- lioard of Missions 
 of theUiii: .1 I'l -'r' m ( liiiirh of North America for 
 the Frcediin-.i .-l ihr S -mh." 
 
 X. Thi' 1)1, nil sh ill hive power to enact its own By-Laws, 
 
 XI. Tills Cuii-^iiiuii'ii shall not be ch inged, unless by a 
 vote of two-thiids 111 tliL" General Assemlily present at any 
 of its sessions, of which notice shall be given at least one 
 day previously. 
 
 XII. The Board shall submit .an abstract of its condition, 
 proceedings, wants, and plans, to the several Synods of tho 
 Church at their annual n>eeting3. 
 
 As some Presbyteries have already taken action upon this 
 sub-ort, ,^nd have arfn. ies on the field, your committee 
 
 ror,i-.ri^.-vl V:-rr] ,^^;,::■ l--. l.lti .nS : 
 
 / I ! - of the Presbyteries of 
 
 Wi: \U:-i _ ' , : K. and 1st Presbytery of 
 
 Olii'i. I : '::ii I 1 i I I . Land after the orgatuza- 
 
 report their doin: - .:, i 
 
 Ri'Solvrrl,-2. Tint i; 
 hereby authoriz 1 ; 
 cure their own I i 
 their own way, pr 
 location of their r 
 and tho amount ol lit, 
 Your committee wml 
 
 '- ■ ■. : . 1 •- : - IV !■, ' '■-■ff-r it are 
 1 t . \r .'■■,11 ,,,,,-,,,;, ii,.|d, pro- 
 , : : ' wiiliiet their missions in 
 ' v report to the Uo.ard the 
 11 i-. the Itdmrers employed 
 ,: ;■ . I 1 ;ind disbursed, 
 rucoiniiiend the following persons 
 
 as members of tho Board of Missions to the Freedmen of 
 the South : 
 
 Revs. .7. B, Clark, Charles A, Dickey, J. W. Baine, .T. G. 
 Burnes. W. J. Reid. G, C, Vincent, and Messrs, John Dean, 
 James Robb and James Mitchell, with power to fill va- 
 cancies, 
 
 r.E.SEUAL ASSEiinLY OF THE UNITED PRESBY- 
 TERIAN ClUJUOII, ISGl. 
 
 May 25 — The body met in Philadelphia. 
 
 June 2 — ; he followintj report of the Com- 
 mittee on Bills and Overtures — Revs. S. Wilson, 
 D. D., S. Wallace, William Davidson. Wm. M. 
 McElwee, D. D., and Elders Jno. Uean, H. War- 
 nock, Thomas McAlisier — was adopted : 
 
 The Committee on Bills and Overtures beg leave to ro- 
 poit on three ptipers submitted to them by the .-Vssembly ; 
 the first tVoin O. 1). Henderson and S. Collins; the .'d from 
 S. Wilson an 1 A. M. Klliolt; and tho 3d from S. Livingston 
 and W. M. .AblOhvee, as follows : 
 
 I. The p;;i)ei- „f (i. D. Ilemlorson and S. Collins asks for 
 the aiii ill lie lit of a committee to prepare an address to 
 I'l -il'iii ! : I In. Secretary Stanton, aud Lieut. General 
 (ir,iit. ■ till i\ 11,,; tho following items : — 
 
 1-t. An a-Mi'iiiK-e of the deep symptithy and earnest co- 
 operation of this Assembly and of the people whom we 
 represent, with the Government in its presttnt trials and 
 worthy elforts to maintain the principles ou which it is 
 based. 
 
 •Jd. The ereat satisfaction we have enjoyed in observing 
 their recogi ition of the ficts — " that Godalono can organize 
 victory,' •• thtit we need tho Divine favor," and that wo are 
 warranted to expect this favor only in tho way of a dutilul 
 regard to His will as Gov rnor among the n-itions. 
 
 lid. An assurtince that wo gladly reeognize this favor in 
 tho successes whieh litive attemleil the movements of our 
 armied ou the Potomac and in Georgia, and that it is only 
 
508 
 
 APPENDIX. 
 
 in the continuance of this favor that we can hope for final 
 success. 
 
 Tliat an address of the nature contemplated in the paper 
 of these brethren should go forth Irom this Assembly, it 
 appears to your Committee, is highly proper. We therefore 
 recommend lor adoption tho following resolution, viz : 
 
 Resi^lvcd, That a Committee be appointed to prepare, at 
 their earliest convenience, an address such as the paper of 
 these brethren contemplates, and forward it to President 
 Lincoln and his Cabinet. 
 
 II. The paper of S. Wilson and A. M. Elliott asks that a 
 Committee be appointed to report whether any, and if so, 
 what advice should be tendered by this Assembly to our 
 Kational Executive, touching the morality of retaliation as 
 a means of preventing tho continuance of the cruelty and 
 barbarity which has been practiced upon our soldiers by 
 our rebel enemies. As this paper was presented under the 
 impression that President Lincoln was hedtating on the 
 question of retaliation, your Committee think lo action is 
 needed in the premises by this Assembly, as we have been 
 informed that the President lias already decided the course 
 to be pursued by him, and that retaliation is being already 
 practised to some extent by the Union army. We there- 
 fore recommend that this paper be dismissed. 
 
 III. The paper of S. Livingston and W. M. McElwee asks 
 for the adoption of the following resolution : 
 
 That this Assembly hails the Emancipation Proclamation 
 of President Lincoln as a nieajwro of high military import- 
 ance and necessity, and stH tesmanlike in striking at slavery, 
 the root, cause, and strength of the rebellion, and that we 
 recognize in it tho voice of God speaking as he did to his 
 ancient people Israel, saying by it to us, •' Break every yoke 
 anil let the oppressed go free." The Committee present this 
 resolution in another form, and recommend that in this 
 amended form it be adopted, viz : 
 
 Resolved, That without expressing any judgment on the 
 military importance and necessity, or the statesmanlike 
 chai-aeter of the Proclamation, we hail it as obedience to 
 the voice of God, calling us, as he did his ancient people, 
 Xiet the oppressed go Iree and break every yoke. 
 
 Action of Churches in the Insurrec- 
 tionary States. 
 
 PKESBYTEIlIA]Sr. 
 
 PRESBYTERIAN (oLD SCHOOL) SYNOD OF SOUTH 
 CAKOLINA, 1860. 
 
 December .3 — Report of committee unani- 
 mously adopted, closing thus: 
 
 The Synod has no hesitation, therefore, in expressing the 
 belief that the i>eople of Soulh Carolina are now solemnly 
 called on to imitate their Revolutionary forefathers,audstand 
 np for their rights. We have an humble and abiding con- 
 fidence, that that God, whose truth we represent in this 
 conflict, will be with us, and exhorting our churches and 
 people to put their trust in God, and go forward in the 
 solemn path of duty which his Providence opens before 
 them, we, ministers and elders of the Presbyterian Church 
 in South Carolina .Synod assembled, would give them our 
 benediction, and the assurance that v»^e shall fervently and 
 unceii-singly implore for them the care and protection of 
 Almighty God. 
 
 Several of the Presbyteries of the Old School 
 Presbyterian Church in the Seceded States 
 held their regular tall raeetiners io 1861, and, 
 without exccpiion, pas-ed aits of separaiioM 
 from the General Assembly of the church, and 
 appointed delegates t) attend at Augusta, 
 Georgia, on t e 4th of December, for the pur- 
 pose of forming a General Assembly of the 
 Southern Confederacy portion of the denomi- 
 nation — which was • one. 
 
 1861, July 24— The Presbytery of South Ala- 
 bama met at Selma, and declared severed its 
 ecclesiastical connpctiou with the General As- 
 sembly of the United States, and recommended 
 a meeting of a Confederate States Assembly at 
 Memphis, on the 4th of the next December, 
 suggesting, for a preliminary convention, if 
 Buch be desired, Atlanta as the place and August 
 15th the time. 
 
 CHARLESTON (s. 0.) PRESBYTEBY, (OLD SCHOOL), 
 
 1861. 
 July 25 — The body met in Columbia, when 
 the following preamble and resolutions were 
 unanimously adopted: 
 
 Whereas, Tho relations of the State of South Carolina, 
 of ten other adjacent States, and of tho people thereof, 
 with the other Stales and people previously composing the 
 United States of America, have been dissolved, and the 
 former united in the separate and independent Govern- 
 ment of the Confederate States of America, thereby 
 making a separate and independent organization of the 
 Cliurch within the said Confederate States desirable and 
 necessary, in order to the more faithful and successful 
 fullilment of its duty to its Divine Lord and Master; and 
 whereas, the General Assembly of the Presbyterian Church 
 in the United States of America, by the adoption of a paper 
 known as Dr. Spring's Resolutions, ignoring tbe establish- 
 ment of the Government of the Confederate States of 
 America, and disregarding our rights, privileges, and duties 
 as citizens thereof, enjoined our allegiance to, and support 
 of, a Government foreign and hostile to our own, and 
 required us not only to yield obedience to a political power 
 which we, in common with our fellow-citizens of all classes 
 and all churches, have disowned and rejected, but also to act 
 as ti-aitors and rebels against the rightful and legal 
 authorities of the land in which we live; and whereas 
 these resolutions of the General Assembly require us to 
 continue united to a people who have violated the Consti- 
 tution under which we were originally confederated, and 
 broken the covenant entered into by their fathers and 
 ours ; and whereas, the said action of the General Assembly 
 in the United States of America, demands of us and all 
 members of the Presbyterian Church in the Confederate 
 States, the approval and support of the wicked and cruel 
 war now waged by the other States of the former United 
 States of America against the States and people of the 
 Confederate States, against our fellow-citizens, against our 
 friends and neighbors, against our own households and 
 ourselves; and whereas, we do most heartily, with the full 
 approval of our consciences before our Lord God, unani- 
 mously approve the action of the States and people of the 
 Confederate States of America; therefore, 
 
 Be. it resolved by the Vhavltston Presbytery, 
 
 1. That the ecclesiastical relations heretofore subsisting 
 between this Presbytery and the Presbyterian Church of 
 the United States of America are dissolved; that we do 
 not recognize the right or authority of the General Assem- 
 bly to adopt the resolutions above referred to; and that we 
 disown and repudiate those resolutions, both in their letter 
 and tieir spirit, as having no authority over us, and as 
 eutitl'd to no respect or consideration from us. 
 
 2. That in the judgment of this Presbytery, it is expedi- 
 ent and necessary that the Presbyterian Churches in the 
 Confederate States should formally separate themselves 
 from the Presbyterian Church in the United States, and 
 establish a separate and independent ecclesiastical organi- 
 zation. 
 
 3. That this Presbytery heartily approves of holding a 
 Convention of all tbe Presbyteries in the Confederate 
 States, for the purpose of ^considering this whole matter, 
 securing the united and harmonious action of the whole 
 Church, and devising and recommending such measures iis 
 may be necessary fully to organize the Church in the Con- 
 federate States. 
 
 4. That this Presbytery will proceed to appoint two 
 ministers .and two ruling elders, with alternates, to attend 
 sHch Convention, who shall be authorized to advise and act 
 with similar delegates appointed by other Presbyteries in 
 the Ciiuledirati! .States, as in their judgment may seem 
 best; the action of said d( legates and of the Convention 
 to lie submitted to this Presbytery for its action thereon. 
 
 5. That this Presbytery prefers Atlanta, Ga., as the 
 place, anil the 15lh of August next as the time, for the 
 meeting of the proposed Convention, but that our delegates 
 be authorized and instructed to meet at any time or place 
 that may be agreed on by the majority of tho Presbyteries 
 appointing similar delegates, previous to the next stated 
 meeting of this Presbytery. 
 
 JOHN DOUGLAS, 
 Stated Clerk. 
 
 GENERAL ASSEMBLY OF THE PRESBYTERIAN 
 CHURCH IN THE CONFEDERATE STATES, 1861. 
 
 December 4 — The body met in Augusta, 
 Georgia — 35 ministers and 38 elders present. 
 
 Same day — A Committee consisting of James 
 H. Thornwell, D. D., TheodoricPryor, D. D., 
 C. C. Jones, D. D., R. B. White, D. D., W, D, 
 
APPENDIX. 
 
 509 
 
 Mo -.re D. D., J. H. Gillesp'e, J. I. Boozer, R. 
 W. Bi.iley, D. D., and Frederick K. Nanh, Min- 
 is'prs ; J. D. Armstrong, Oliiirles Phillips, Jo- 
 BHph A. Brooks, W. P. Finlev, Samuel McCorkle, 
 Williatn P. Wehb, William L. Black, T. L. Dun- 
 lap, and E. W. Wright, Ruling Elders — was 
 appointed to prepare an Address " setting forth 
 the causes of" our separati-n from the churches 
 in the United Slates, our attitude in relation to 
 Slavery, and a gen ral view of the policy, 
 which, as a Churcli, we propose to pursue." 
 Subsequently t e Committee reported the fol- 
 lowing Address, which was unanimously 
 adopted : 
 
 The General Assembly of the Presbyterian Cliurch in the 
 
 Conil-d' liUe St;ites of America, to all the Churches of 
 
 Jesus Christ tliroughout the eaith, greeting: Grace, 
 
 mercy, and peace be multiplied unto you ! 
 
 Pearly Belovcd Brethren : It is probably known to you 
 
 tliat the Presbyteries and Synods in the Coiilbderate States, 
 
 which were lorun-vly in connection with the General 
 
 sembly of the Presbyterian Cliurch in the United States of 
 
 America, have renounced the jurisdiction of that body: and 
 
 dissolved the ties which bound them ecclesiastically with 
 
 their brethren of the North. This act of separation left 
 
 them without any formal union among themselves. But as 
 
 they were one in faith and order, and "Estill adhered to their 
 
 old Stan iar.ls. nioii.^nres Wfii' promptly a lopted for giving 
 
 expro-i II i ■ li, M- iiiKM . : y til _■ , n'/ ii i. -n of a Supreme 
 
 Conii. 1, , ■' . HI iMiity they had 
 
 just 1 :! 1 ' , - ■, : ;, : !> inted. from all 
 
 the I'l . -' \ : 11 - ■ f t h"- ■ I -HI <li . , I • M, ;.-i. met accord- 
 ingly, ill thi- ci,y of August i, uii Iho fourth day of Decem- 
 ber, in the year of our Lord ono thousand eight hundred 
 and sixty-one, and thon and there proceeded to constitute 
 the General Assembly of the Presbyterian Church in the 
 Confederate States of America. Tlio Constitution of tlie 
 Presbyterian Church in the United States — that is to say, 
 the Westminster Confession of Faith, the Larger and Shorter 
 Catechisms, the Form of Government, the Book of Discip- 
 line, and the Directory for Worship — were unanimously and 
 eolen.'nly declared to be the Constitution of the Chui:ch in 
 the Confederate States, with no other change than the sub- 
 stitution of "Confederate"' for "United" wherever the 
 country is mentioned in the standards. The Church, there- 
 fire, in these seceded States, presents now the spect;»cle of 
 a separate, and independent, and complete organization, 
 under the style and title of the Presbyterian Church in the 
 Confederate States of America. Is thus taking its place 
 among sister churches of this and other countries, it see^ns 
 proper that it should set forth the causes which have im- 
 pelled it to separate from the Church of the North, and to 
 indicate a general view of the course which it feeis it incum- 
 bent upon it to pursue in the new circumstances in wliich 
 it is placed. 
 
 We should be sorry to be regarded by our brethren in 
 any part of the world as guilty of sc'iism. We are not 
 conscious of any purpose to rond the body of Christ. On 
 the contrary, our aim has been to promote tlie unity of the 
 Spirit in the bonds of peace. If we know our own hearts, 
 and can form any just estimate of the motives which have 
 governed us, we have been prompted by a sincere desire to 
 promote the glory of Gnd, and the cfliciercy, energy, har- 
 mony, and zeal o'f his visible kingdora in the earth. AVe 
 have separated from our brethren of the North as Abraham 
 Separated Irom Lot — because we arc jicrsuaded that the 
 interests of true religion wiil be moro eliectually subserved 
 by two independent Churches, under the circumstances in 
 which the two countries are placed, than by one united 
 body : 
 
 1. In til J fii-t 111 100. the course of the last Assembly, at 
 Philail' q 11 ,1. . I ■ iiisively shows that if we should retiiain 
 togetli I. til |M ral questions which divide us as citizens, 
 will bu ubti uii il uii our Church Court.^. and discussed by 
 Christian mimstLTs and elders with all the acrimony, bit- 
 terness, and rancor, with which such (piestions are usually 
 discussed by men of the world. Our Assembly would pre- 
 sent a mournful spectacle of strife and debate. Commis- 
 sioners li-om the Northern would meet with Commissioners 
 from the Southern Confederacy, to wran:<le over the ques- 
 
 tions which h 
 volvcd them 
 nounce each ' 
 sors. and on i 
 God would t 
 fusion, and le 
 
 till 
 
 ■drr icies, and in- 
 Tliiy would de- 
 ll N and oppres- 
 ^. The Spirit of 
 • -cenes of con- 
 iwerless, an easy 
 
 prey to the sectional divisions and angry passions of its 
 members. Two nations, under any circumstances, except 
 
 those of perf.-ct homogeneonsncg, cannot be united in one 
 Church, without the rigid exclusion of all civil and secular 
 questions from its halls. Where the countries differ in 
 their cus-onis an. I in-iitution-i. mid view each other with 
 an eye of jealou-y anl in liiy. il national feelings are per- 
 mitted to enter tie I 1,111 li i .urts, there must be an end 
 ofharmony and pe,i, . 'iiie prejudices of the man and the 
 citizen will prove sirongei- ilian the charity of the Chris- 
 tian. When they have allowed themselves to denounce 
 each other for their national peculiarities, it will be hard to 
 join in cordial fellowship as members of the same »;piritual 
 finiily. Mueh ninre i,,ii~t tlii.s be fie- rise where the na- 
 tions arc not simply li'.iil , l-iit eiiriiil.-— when they hate 
 each otlier with a rim I I, ire.l— whui tlicy are engaged in 
 
 a ferocious and M 1\ v. r. iiiii] v, li;i tlie worst passions 
 
 of liuiu,,:i II -iiv , I • Mri, i t . l!;, ,:■ ■. i y depths. An As- 
 M'int''\- ' ■ i!i| I . I I I. - ' i.''i'. - ii III two such coun- 
 tre-. i-iil : i , .| ■ i ;■ , . , -..-..pt in a steady, 
 
 nil. upi. M.iir: ,. ui 1. ,. ■ I ' IM .--11,- u.-l principle, that 
 it woiiid know no in m alt. rllielloh; that it would abolish 
 the distinctions of l!:irbanan, Scythian, bond and Ir.e. ami 
 recognize nothing but the new creature in Christ Jesus. 
 The moment it permits its.-ir to kn.>w tli.' ( 'ool.-.lerate ur 
 the United States, the m..i.i 'i i' - i i. .i'- i - n.. t i-, citizens 
 of these countries, our p ,, i , , - , :l I e trans- 
 
 ferred to the house of (I... 1. .i i. i ;;i |., li. I ilr.fonim 
 will expel the spu'it of holy lovc and oi yliM>tiau com- 
 munion. 
 
 We cannot condemn a man, in one breath, as unfaithful 
 to the most solemn earthly interests — his country and his 
 race — and commend liim in the next as a loyi'.l and faithful 
 servant of his God. If wo distrust his patriotism, our con- 
 fidence is apt to be very measured in his pi 'ty. The old 
 adtiga will hold here ai in other things, J'aUas in uno, 
 /ahiis in om7tihus. 
 
 The only conceivable condition, therefore, up<m which 
 the Church of the North and the South could remain 
 together as one body, with any i>rospect of success, is the 
 rigorous exclusion of the questions and passions of the 
 foruin from its halls of debate. This is what always ought 
 to be done. The provinces of Church and State are per- 
 fectly distinct, and the one has no right to usurp the juris- 
 diction of the other. The State is a natural institute, 
 founded in the constitution of man as moral and soci il, 
 and designed to realize the idea of justice. It is the 
 society of rights. The Church is a supernatural institute, 
 founded in the facts of redemption, and is design, d to 
 realize the idea of grace. It is the society of the red. enied. 
 The State aims at social order, tho Church at spiritual 
 holiness. Tho State looks to the visible and outwar.l, the 
 Church is concerned for the invisible and inward. The 
 badge of the State's authority is the sword, by which it 
 becomes a terror to evil doors, and a praise to them that 
 do well. The badge of the Church's authority is the keys, 
 by wliich it opens and shuts the Kingdom of Heaven, 
 according as men are believing or imp*iiitent. The power 
 of the Church is exclusively spiritual, that of the State 
 includes the exercise of force. The Constitution of the 
 Church is a Divine revelation — the Constitution of the 
 State must be determined by human reason and the course 
 of 'i'rovidential events. The Church has no right to con- 
 struct or modify a government for the State, and the State 
 has no right to frame a creed or polity for the Church. 
 They are as planets moving in difi'oront orbits, ;ind unless 
 each is confined to it ; own •■■ ■ I;, t': . . i n', .■« may be 
 as disastrous in the iii.Tl \s ; i ^i, ' , .| dillerent 
 
 spheres in thewoii.lot i,:i; i, 1 ,. • : ri i there isa 
 point !it which tlieir r.-p.. i n .■ ii;i - i" 1 1' :i m to meet 
 —in the idea of duty. Bat even duty is \ i-\, ' I \ . i. ii in 
 very different lights. Tho Church enjoin 1 1 i •! 
 
 to God, and tho State enforces it as the sat. i . . : . ;. 
 
 But there can bo no collision, unless oi r in . M. r 
 
 blunders as to the thiiigs th.at are materially i iiilit. When 
 the State makes wi'-ked laws, contradicting tho eternal 
 principles of rectitude, the Church is at liberty to testify 
 again.st tht-m, and humbly to petition that (hey may be 
 repealed, lu like manner, if the Church becomessoditious 
 and a distu her of the peace, the State hits a right to abate 
 the nuisance. In ordinary cases, however, tiiere is not 
 likely to be a collision. Among a Christian people, there 
 is little diffeieiicj of opini.ii as to the radical distinctions 
 of right and wrong. The only serious danger is where 
 moral duty is conditioned upon a political question. Un- 
 der the pretext of inculcating duty, the Church may usurp 
 the power to determine the question which con. litbiis it, 
 and that is precisely what she is deliarr.d lioni doing. 
 The condition must b"e given. She must accept it Irom tho 
 State, and then her own . .uirse is clear, II Ca-sur is your 
 ma,st(T, then pay trilnii.' t.. liim; but whether the "if" 
 holds, whether ('a'.-ar i< your master or not, whether lie 
 ever had any just autboi.iy. wli ther he now retains it, or 
 h;vs forfeited it, these are points which the Church has no 
 commission to adjudicate. 
 Uud these principles been steadily nuiintiuned by the 
 
610 
 
 APPEXDIX. 
 
 Aspembly at Philadelphia, it is possible th^t th" ecclesias- 
 ticnl soparation of tlie North and the South inia;ht liare 
 been deforreil for years to come. Our Presbyteries, many 
 ol them, clung with tenderness to tlio recollections of the 
 past. Sacred memories gathered around that vencralilo 
 Church wliich had bru-asted m:iny a storm and trained our 
 fathers for glory. It had always been (hstin^uishcd for its 
 conservative influence, and many fondly hoped that, even 
 in the present emiTgency, it would raise its placid and 
 serene head above the tumults of popular pa-ssion, and bid 
 defiance to the .angry billows which rolled at its feet. We 
 t.vpected it to bow in reverence only at the name of Jesus. 
 Many dreamed that it would utterly refuse to know either 
 Confederates or Federalists, and utterly refuse to give any 
 authoritative degree without a " Thus eaith the Lord." It 
 was ardently desiied that the sublime spectacle might be 
 presented of one Church upon earth combining in cordial 
 fellowship and in holy love — the disciples of Jesus in 
 different and even hostile lands. But, alas ! for tlio weak- 
 ness of man, these golden visions were soon dispelled. 
 The first thing which roused our Presbyteries to look the 
 question of separation seriously in the face, was the course 
 of the Assembly in venturing to determine, as a Court of 
 Jesns Christ, which it did by necessary implication, the 
 true interpretation of the Constitution of the United States 
 as to the kind of government it intended to form. A 
 political theory was, to all intents and purposes, pro- 
 pounded, which made secession a crime, the seceding States 
 rebellious, and the citizens who obeyed them traitors. We 
 Bay nothing here as to the righteousness or nmighteous- 
 ness of these decrees. What wo maintain is, tint, whether 
 right or wrong, the Church had no right to make them — 
 she transcended her sphere, and usurped the duties of the 
 State. The discussion of these questions, we are sorry to 
 add, was in the spirit and temper of partizan declaimers. 
 The Assembly, driven from its ancient moorings, was 
 tossed U> and frcf by the waves of popular passion. Like 
 Pilate, it obeyed tlie clamor of the multitude, and though 
 acting in the name of Jesus, it kissed the scei)tre and 
 bowed the knee to the mandates of Northern phrenzy. 
 The Church was converted into the forum, and the Assem- 
 bly was henceforward to become the arena of sectional 
 divisions and national animosities. I 
 
 We frankly admit that the mere unconstitutionality of 
 the proceedings of the last Assembly is not, in itself con- 
 sidered, a sufficient ground of separation. It is the conse- 
 quences of these proceedings which make them so 
 offensive. It is the door which they open for the intro- 
 duction of the worst passions of human nature into the 
 deliberations of Church Courts. The spirit of these jiro- 
 ceedings, if allowed to prevail, would forever banish peace 
 from the Church, and there is no reason to hope that the 
 tide which has begun to flow can soon be arrested. The 
 two Confederacies hate each more intensely now than they 
 did in May, and if their citizens should come together 
 upon the same floor, whatever might be the errand that 
 brought them there, they could not be restrained from 
 smiting each other with the fist of wickedness. For the 
 sake of peace, therefore, for Christian charity, for the 
 honor of the Church, and for the glory of God, we have 
 been constrained, as much as in us lies, to remove all 
 occasion of offence. We have quietly separated, and we 
 are grateful to God that, while leaving for the sake of 
 peace, wo leave it witli the humble conscionsiie.ss that we, 
 ourselves, have never given occasion to break the peace. 
 We have never confounded Ca;sar and Cluibt, ami v/e have 
 never mixeil the issues of this wtjrid with tlic weighty 
 matters that properly belong to us as citizens ol the King- 
 dom of Ood. 
 
 2. Though the immediate occasion of separation was the 
 course of the General Assembly at Philadelphia in relation 
 to the Fct'eral Government and the war, yet there is 
 another ground on which the independent organi;:atiou of 
 the Southern Church can be amply and scripturally main- 
 tained. The unity of the Church does not require a 
 formal bond of union among all the congregations of 
 believers throughout the earth. It does not demand a 
 vast imperi.d monarchy like that of Rome, nor a strictly 
 universal council, like that to which the complete develop- 
 ment of Presbyterianism would naturally give rise. The 
 Church Catholic is one in Christ, but it is not necessarily 
 one visilile. all-absorbing organization upon earth. There 
 is no schism where then^ is no breach of charity. 
 
 Churches may be perfectly at one in every principle of 
 faith and order, and yet geographically distinct, and 
 mutually independent. As the unity of the human race 
 is not disturbed by its division into countries and nations, 
 so the unity of the spiritvial seed of Christ is neither 
 broken nor impaired by separation and division into vari- 
 ous Church constitutions. Accordingly, in the Protestant 
 countries. Church organizations have followed naticmal 
 lines. The Calvinistic Churches of Switzerland are distinct 
 from the Reformi'd Church of France. The Presbyterians 
 of Ireland belong to a different Churcii from tho Presby- ^ 
 
 terians of Scotland, and the l?reshyterian8 of this country 
 Constitute a Church, in l.ke manner, distinct IVom all other 
 Churches on the globe. That the division into national 
 Churches, that is. Churches bounded by uaticuial lines, is, 
 in the present condition of human nature, a beiielit, seems 
 to us too obvious for proof. Itrealizes to the Church Catho- 
 lic all the advantages of a division of labor. It makes a 
 Church organization homogeneous and compact — it stimu- 
 lates holy rivalry and zeal — it removes all grounds of 
 suspicion and jealousy on the part of the State. What is 
 lost in e.xpansion ia gained in energy. The Church Catho- 
 lic, as thus divided, and yet spiritually one, divided, but 
 not rent, is a beautii'ul illustration of the great philosophi- 
 cal priuciplo which pervades all nature — the co-exisleuoe 
 of tho one with the many. 
 
 If it is desirable that e:ich nation should contain a sepa- 
 rate and an independent Church, tho I'resliyteries of the.sc 
 Confederate States need lo apoio'iy for bowing to the 
 decree of Providence, which, iu withdrawing^ their country 
 tiom the government of the United Stales, has, at the 
 Same time, determined that they should withdraw fro'm 
 the Church of their fathers. It is not that they have 
 ceased to love it — not that they have abjured its ancient 
 principles, or forgotten its gl<u-ious history. It is to give 
 these same principles a richer, freer, fuller development 
 among ourselves than they possibly could receive under 
 foreign culture. It is precisely because we love that 
 Church iis it was, and that Church as it should be, that we 
 have resolved, aa far as in us lies, to realize its grand idea 
 in the country, and under the Government where God has 
 cast our lot. With tho supreme control of ecclesiastical 
 affairs in our hands, we may be able, in some competent 
 measure, to consummate this result. In subjection to a 
 foreign power, we could no more accomplish it than the 
 Church iu the United States could have been developed in 
 dependence upon tho Presbyterian Church of Scotland. 
 Tho difficulty there would have been, not the distance of 
 Edinburgh from New York, Piiil.idelphia, or Charleston, 
 but the difference in the manners, habits, customs, and 
 ways of thinking, the social, civil, and political iiistitutitins 
 of the people. Thesj same difficulties e.xist in relation to 
 the Confederate and United States, and render it eminent- 
 ly proper that the Church in each should be as separate 
 and independent as the Governments. 
 
 In addition to this, there is one difl'erence which so radical- 
 ly and fundamentally distinguishes the North and the South, 
 tliat it is becojiiing every day more and more apparent 
 that the religious, as well as the secular, interests of both 
 will be more effectually promoted by a complete and 
 busting separation. The antagonism of Northern and 
 Siiuthern sentiment on the subject of slavery lies at the 
 root of all the difficulties which have resulted iu tue 
 dismemberment of the Federal Union, and involved u.s in 
 the horrors of an nun iturul war. The Presbyteri in 
 Church in the United States has been enabled by Divine 
 grace to pursue, fur the most part, an eminently conser- 
 vative, because a thoroughly scriptural, policy in relation 
 t.i this delicate question. It has planted itself upon the 
 Word of Uorl, and utterly refused to make slaveholding a 
 sin, or non-sl.iveholuing a term of communion. But 
 though both sections are agreed as to tliis general principle, 
 it is not to be disguised that the North exercises a deep 
 and settled antipathy t ) slavery itself, while the South is 
 equally zealous iu its defence. Ilecent events can have uo 
 other effect than to confirm the antipathy on the one hand 
 and strengthen the attachment on the oth /r. The North- 
 ern section of the Church stands ir. the awkward pri-dica- 
 ment of maintaining, in one breath, that slavery is an 
 evil which ought to bo abolished, and of asserting in the 
 ne.xt, that it is not a sin to be visited by exclusion from 
 communion of the saints. The consequence is, that it 
 plays partly into the hands of abolitionists and partly into 
 the hands of slaveholders, and weakens its inlluence with 
 both. It occupies the position of a prevaricating witness 
 whom neither party will trust. It would be better, there- 
 fore, for the moral power of the Northern section of the 
 Church t ) get entirely (luit of the subject. At the same 
 time, it is intuitively obvious that the Southern section of 
 the Church, w^hile even partially under the control of those 
 who are hostile to slavery, can never have free and unim- 
 peded access to the slave population. Its ministers and 
 elders will always be liable to some degree of suspicion. 
 In the present circumstances. Northern alliance would be 
 absolutely fatal. It would utterly preclude the Church 
 from a wide and commanding field of usefulness. This is 
 too dear a price to be p.iid for a nominal union. We can- 
 not atford to give u]) these millions of souls and consign 
 them, so far as our efforts are concerned, to hopeless perdi- 
 tion, for the sake of preserving an outward unity which, 
 after all, is an empty shadow. If we would gird ourselves 
 heartily and in earnest, for the work which God has set be- 
 fore us, we must have the control of o\ir ecclesiastical 
 affairs, and declare ourselves separate and independent. 
 
 AuJ here we may venture to lay before the Christian 
 
APPENDIX. 
 
 511 
 
 world our views as a Church, upon the subject of slavery. 
 Wo bi'g a tundid hearing. 
 
 In ihc first place, we would have it distinctly under- 
 stood that, in our ecclesiastical capacity, we are neither 
 the friends nor tlie foes of slavery ; that is to say, we have 
 no commission either to propagate or aboli.sh it. The 
 polioy of its exi.steuce or non-existence is a question whiih 
 exclusively belongs to the State. We have no right, as a 
 Chiu-ch, to enjoin it as a duty, or to condemn it as a sin. 
 Our business is with the duties which spring from the 
 relation; the duties of the masters on the one hand, and 
 of their slaves on the other. These duties we are to 
 proclaim and enforce with spiritual sanctions. The social, 
 civil, political problems connected with this great subject 
 tran-sccnd our sphere, as God h;is not entrusted to His 
 Church the organization of society, the construction of 
 Government, nor the allotment of individuals to their 
 various stations. The Church has as much right to preach 
 to the monarchies of Europe, and the despotism of Asia, 
 the doctrines of republican equality, as to preach to the 
 Goverumcnts of the S uth the extirpation of slaverj-. 
 This position is impregnable, unless it can be shown that 
 slavery is asin. Up( n every otlierhyjiothesis, itis so clearly 
 a question for the State, that the proposition would never 
 for a momsnt have been doubted, had tliere not been a 
 foregone conclusion in relation to its moral character. Is 
 slavery, then, a sin? 
 
 In answering this question, as a Church, let it be dis- 
 tinctly borne in mind that the' only rule of judgment is 
 the written word of God. The Church knows nothing of 
 the intuitions of reason or the deductions of philosophy, 
 except those reproduced in the Sacred Canon. She has, a 
 positive constitution in the Holy Scriptures, and has no 
 right to utter a single syllable upon any subject, except as 
 the Lord puts words in her mojith. She is founded, in 
 other words, upon express rrvdaiion. Her creed is an 
 authoritative testimony of God, and not a speculation, and 
 what she proclaims, she must procbiim with the infallible 
 certitude ot faith, and not with the hesitating assent of an 
 opinion. The question, then, is brought within a narrow 
 compass: Do the Scriptures directly or indirectly condemn 
 slavery as t sin? If they do not, the dispute is ended, for 
 the Church, without forfeiting her character, dares not go 
 beyond them. 
 
 Now, we venture to assert that if men had drawn their 
 conclusions upon this subject only from the Bible, it would 
 no more have entered into any human head to denounce 
 slavery as a sin, than to denounce monarchy, aristocracy, 
 or poverty. The truth is, men have listened to what they 
 falsely considered as primitive intuitions, or as necessary 
 deductions from primitive cognitions, and then have gone 
 to the Bible to confirm the crotchets of their vain philoso- 
 phy. They have gone there determined to find a particu- 
 lar result, and the consequence is, that they leave with 
 having made, instead of having interpreted. Scripture. 
 Slavery is no new thing. It has not only existed for 
 ages in the world, but it has existed, under every dispensa- 
 tion of the covenant of grace, in the Church of God. 
 Indeed, the first organization of the Church as a visible 
 society, separate and distinct from the unbelieving world, 
 was inaugurated in the family of a .slaveholder. Among 
 the very first persons to whom the seal of circumcision 
 was affixed, were the slaves of the father of the faithful, 
 some born in his house, and others bought with his money. 
 Slavery again re-appears under the Law. God sanctions 
 it in the first table of the DecalogU'*, and Moses treats it 
 as an institution to be regulated, not abolished ; legiti- 
 mated, and nit condemned. Wo come down to the age of 
 the New Testament, anfl we find it again in the Churches 
 founded by the Apostles under the plenary inspiration of 
 the Holy Ghost. These fitcts are utterly amazing, if 
 slavery is the enormous sin which its enemies represent 
 it to be. It will not do to say that the Scriptures have 
 treated it only in a general, incidental way, without any 
 clear implication as to its moral character. Moses surely 
 made it the suliject of express and positive legislation, and 
 the Apostles are equally explicit in inculcating the duties 
 which spring fr«m both sides of the relation. They treat 
 Slavics as bound to obey and inculcate obedience as an office 
 of religion — a thing wholly self-contradictory, if the au- 
 thority exercised over them were unlawful and iniquitous. 
 But" what puts this subject in a still clearer light is the 
 manner in which it is sought to extort from the Scriptures 
 a contrary testimony. The notion of direct and exidioit 
 condemnation is given up. The attempt is to show that 
 the genius and spirit of Christianity are opposed to it — that 
 its great cardinal principles of virtue are utterly against 
 it. Much stress is laid upon the Golden Rule and upon the 
 general denunciations of tyranny and oppression. To all 
 this we reply, that no principle is clearer than that a case 
 positively excepted cannot be included under a general 
 rule. Let us concede, for a moment, that the laws of love, 
 and the condemnation of tyranny and oppression, seem logi- 
 cally to involve, as a result, the condemnatiou of slavery ; 
 
 yet, if slavery is afterwards expressly mentioned and treated 
 as a lawful relat;on, it obviously follows, unless Scripture 
 is to bo interpreted as inconsistent with itself, that slavery 
 is, by necessary implication, excepted. The Jewish law 
 forbade, as a general rule, the marriage of a man with his 
 brother's wife. The sjinie law e.\pre3sly enjoined the same 
 marriage in a given case. The given case was, there- 
 fore, an exception, and not to be treated as a violation of 
 iho general rule. The law of love has always been the 
 law of God. It was enunciated by Moses almost as clearly 
 as it W!i8 enunciated by .lesus Christ Yet, notwitbstand- 
 ing this law, Moses and the Apostles alike satictioned the 
 relation of slavery. The conclusion is inevitable, either 
 that the law is not opposed to it, or that slavery is an ex- 
 cepted case. 
 
 To say that the prohibition of tyranny and oppression 
 includes slavery, is to beg the whole question. Tyranny 
 and oppression involve either the unjust usuri)ati«u or 
 the unlawful exercise of power. It is the unlawfulness, 
 either in its principle or measure, which constitutes the 
 core of the sin. Slavery must, thereiore, be proved to be 
 unlawful, before it can be referrc^d to any such category. 
 The niiuster may, indeed, abuse his power, but he oppresses 
 not simply as a master, but as a wickc'd m.ister. 
 
 But, apart from all this, the law of love is simply the 
 inculci^tion of universal equity. Itinipli^s nnthiiii; as to the 
 existence of various ranks ami giMl i i,- :, - i.ty. The 
 interpret.ition whichmakesitrepi) 1; . n iiiilmake 
 
 itequallyrepudiateall social, civil. :iii i j , m lualities. 
 
 Its meaning is, not that we shouil . i, hi -elves to 
 
 the arbitrary e.vpectations of others, but that we should 
 render unto them precisely the same measure which, if we 
 were in their circumstance, it would bo reasonable and 
 just in us to demand at their hands. It condemns slavery, 
 therefore, only upon the supposition that slavery is a 
 siuful relation— that is, he who extracts the prohibition 
 of slavery from the Golden Rule, begs»tho very point in 
 dispute. 
 
 We cannot prosecute the argument in detail, but we 
 lin.e said enough, we think, to vindicate the position of 
 the Southern Church. We have assumed no new attitude 
 \S'r >■ i ■ \ ily where the Church of God has always 
 ~i I \ iham to Moses, from Moses to Christ, from 
 
 (11 11 I t l; ;.iriners, and from the Reformers to oni- 
 s ■ \ -. \'v -; nd upon the foundation of the Prophets 
 and Apostles, Jusus Christ himself being the chief corner- 
 stone. Shall wo be excluded from the fellowship of our 
 brethren in other lands, because we dare not depart from 
 the charter of our faith? Shall we be branded with the 
 stigma of repro.tch, bec.iuse we cannot consent to corrupt 
 the word of God to suit the intuitions of au infidel ph'lo.so- 
 phy ? Shall our names be cast out as evil, and the finger 
 of scorn pointed at us, because we utterly refuse to break 
 our communion with Abraham, Isaac, and Jacob, with 
 Moses, David, and Isaiah, with Apostles, Prophets, and 
 Martyrs, with all the noble army of confessors who have 
 gone to glory from slave-holding countries and from a 
 slave-holding Church, without ever having dre.uned thit 
 they were living in mortal sin, by conniving at slavery in 
 themidst of them? If so, wo shall takeconsolation in the 
 cheering consciousness that the Majster liius accepted us. 
 We may be denounced, despised, and cast out of the syna- 
 gogues of our brethren. But while they are wrangling 
 about the distinctions of men according to the flesh, we 
 shall go forward in our Divine work, and confidently anti- 
 cipate that, in the great day, as the consequence of our 
 humble labors, we shall meet millions of glorified .spirits, 
 who have come up from the bondage of earth to a nobler 
 freedom than human philosophy ever dreiuneil of. Othcre, 
 if they please, may spend their time In declaiming on the 
 tyranny of earthly masters; it will be our aim to resist 
 tiie real tyrants which oppress the soul— Sin and Satan. 
 These are the foes against whom we shall find it employ- 
 ment enough to wage a successful war. And to this holy 
 war it is the purpose of our Church to devote itself with 
 redoubled energy. We feel that the souls of our slaves 
 are a solemn trust, and we shall strive to present them 
 faultless .and complete before the presence of God. 
 
 Indeed, as wo coulemplato their condition in the South- 
 ern States, and coutra-t it with that of their fathers before 
 them, and that of tbcir bretlireu ia the present day iu 
 their native land, we eaniiut but accept it .as a gracious 
 Providence that they \v.:\,- b en brought in such numbers 
 to our shores, and redeemed from the bondage of bar- 
 barism and sin. Slavery to them has certainly been over- 
 ruled for the greatest g<Kid. It has be( n a link in the 
 wondrous chain of Providence. tliioiii.'li which many sins 
 and daughters have been made heir- > i ili h ui ;)ly inheri- 
 tance. The Providential re.snit is. cu I ; - .i i ui-ation, 
 ifthe thing isintrinsically wrong; 111- , i ;•. a mat- 
 
 ter of devout thanksgiving, andnoul.» ui. ii.ijiii.aiunof the 
 will and purpose of God, and of the consequeiil duty of the 
 Church. We cannot forl)ear to say, however, that the 
 general operation of the system is kindly auJ benevolent; 
 
612 
 
 APPENDIX. 
 
 it is a real and offpctive disciplinp, and without it, we are | 
 profoundly pcrsuidi'd that thf African race in the midst of 
 us can ni'ver bo ulfVatcd in the scale of being. As long as 
 that race, in its ci>nipanitive degradation, co-exists, side by 
 Bide, with the whitrs, l)oiiiliig(^ in its normal condition. 
 
 As to the endl "ss declaniiitinn about human rights, we 
 have only to siiy that human rights are not a fixed, but a 
 fluctuating quantity. Tlnir sum is not the same in any 
 two nations on the globe. The rights of Englishmen are 
 one thing, the riglits of Freurhmon another. There is a 
 minimum without whii h a man cannot be responsilde; 
 there is a m.axinium wliich (!Np' esses the highest degree of 
 civilization and of Christian culture. The education of the 
 species consists in it,4 iisceut along Miis line. As you go up, 
 tlie number of rights increas s, but the number of individ- 
 uals wlio possess them dimini-hes. As you come down the 
 line, rights are diminisliod, but the individuals are multi- 
 plied. It is just the opposite of the predicamental scale of 
 the logicians. There comprehension diuiiinshes as you 
 a.>icend and extension increases, and comprehension in- 
 creases as you descend ami extinsion diminishes. Now, 
 when it is said that slavery is inconsistent with human 
 rights, we cr.avo to understJind what point in this line is 
 the sl.ave conceived to occupy. There are, no doubt, many 
 rights which belong to other men — to Englishmen, to 
 Frenchmen, to his master, for example— which ar« denied 
 to him. But is lie fit to possess them? litis God qualified 
 him to meet tlie responsibilities which their possession 
 necessarily implies? His place in the scale is determined 
 by his competency to fulfil its duties. There are other 
 rights which he certtunly possesses, without which he 
 could neither be human nor accountable. Before slavery 
 can be charged with doing him injustice, it must be shown 
 thaMhe niiiiiiiiuni which'falls to his lot at the bottom of 
 the lino is out of proportion to his capacity and culture — a 
 thing which cu never be done by abstract speculation. 
 The truth is, tit© education of the human nice for liberty 
 and virtue, is a vast Providential scheme, and God assigns 
 to every man, by a wise ami Iioly decree, the precise place 
 he is to occupy in the great liioral school of humtinity. 
 The scholars are distributed into cl.isses, according to their 
 competency and progre.ss. For God is in hist)! y. 
 
 Toavoid the suspicion of aconscious we ikii^s<ii.ii;rratise, 
 when contemplated from the side of pur > sji ■ ulitiiMi, we 
 may advert for a moment to those pretended intuitions 
 which stamp the rcpmhation of humanity r.pon this 
 ancient and hoary institution. We admit tliat there are 
 primitive principles in morals which lie at the root of 
 human consciousness. But the question is, how are we to 
 distinguish them? The subjective feeling of certainty is 
 no adequate criterion, as that is equally felt in reference 
 to crotchets and hereditary prejudices. The very point is 
 to know w len this certainty indicates a primitive cogni- 
 ticm, and wln-ii it .1..,.^ ii.>t. Th^-ro must, therefore, be some 
 eternal t' st, ami wlialever cannot abide that test has no 
 authority as a j liiuary trutli. That te^t is an inward 
 necessity of thought, which, in all minds at the proper 
 stage of maturity, is absolutely universal. Whatever is 
 universal is natural. We are vvilling that slavery should 
 1)8 tried by this standard. We are willing to abide by the 
 testimony of the race, and if man, as man, has everywhere 
 condemned it — if all human laws have prohibited it as 
 crime — if it stands in the same category with malice, 
 murder, and theft ; then wo are willing, in the name of 
 humanity, to renounce it, and to renounce it forever. But 
 what if the overwhelming majority of mankind have 
 approved it? what if philosophers and statesiuen have 
 justified it, and the laws of all nations acknowledged it? 
 what then becomes of these luminous intuitions ? They 
 are an ignis fatuus, mistaken for a star. 
 
 We have now, brethren, in a brief compass, for the 
 nature of this address admits only of an outline, opened to 
 you our whole hearts upon this delicate and vexed subject. 
 We have concealed nothing. We have sought to conciliate 
 no sympathy by appeals to yovir charity. We have tried 
 our cause by the word of God ; and though protesting 
 a.gainst its authority to judge in a question concerning 
 tiie duty of the Church, we have not refused to aiipear at 
 the tribunal of reason. Are we not right, in view of all the 
 preceding considerations, in remitting the social, civil, 
 and political problems connected with slavery to the State? 
 Is it not a subject, save in the moral duties which spring 
 from it, which lies beyond the province of the Church? 
 Have wo any right to make it an element in judging of 
 Christian character? Are we not treading in the footsteps 
 of the flock? Are we not acting as Christ and his Apos- 
 tles have acted before us ? Is it not enough for us to pray 
 and labor, in our lot, that all men may be saved, without 
 meddling as a Church with the technical distinction of 
 their civil life. Wo leave the matter with you. We offer 
 you the right hand of fellowship. It is for you to accept 
 it or reject it. We have done our duty. We can do no 
 more. Truth is more precious than union, and if you cast 
 us out as sinners, the breach of charity is not with us, 
 
 as long as we walk according to the light of the written 
 word. 
 
 The ends which we propose to accomplish as a Church 
 are the same as those which are proposed by every other 
 Church. To proclaim God's truth as a witness to the 
 nations ; to gather his elect from the four corners of tl;e 
 earth, and through the Wurd, Ministers, and Ordiiiances, 
 to train them for eternal life, is tlie great business of His 
 people. The only thing tliat will be at all peculiar to us, 
 is the manner in" which we sh.all attempt to discharge our 
 dnty. In almost every department of labor, except the 
 pastoral care of congregations, it has been usual for the 
 Church to resort to societies more or less closely connected 
 with itself, and yet, logic dly and really distinct. It is our 
 purpose to rely upon the regular organs of our govern- 
 ment, and executive agencies directly and immediately 
 responsil)le to them. We wish to make the Church, not 
 merely a superintendent, but an agent. We wish to de- 
 velop "the id(^a that the congregation of believers, as visibly 
 organized, is the very sicinty or corporation which is 
 divinely called to do the work of the Lord. We shall, 
 therefore, endeavor to do what has never yet been ade- 
 quately done— bring out the energies of our Presbyterian 
 system of government. From the Session to the Assembly 
 we shall strive to enlist all our courts, as courts, in every 
 department of Christian effort. We are not ashamed to 
 confess that we are intensely Presbyterian. We embrace 
 all other denominations in the arms of Christian fellow- 
 ship and love, but our own scheme of government we 
 humbly believe to be according to the pa- tern shown in 
 the Mount, and, by God's grace, we propose to put its effi- 
 ciency to the test. 
 
 Brethren, we have done. We have told yon who we are, 
 and what we are. We greet you in the ' ies of Christian 
 brotherhood. Wo desire to cultivate peace and charity with 
 all our fellow Christians througbotit the world. We invite 
 to ecclesiastical communion all who maintain our principles 
 of faith and order. And now we conmiead you to God and 
 the word of His grace. We devoutly pray that the whole 
 Catholic Cnurch may be afresh baptized with the Holy 
 Ghost, and that she may speedily be stirred up to give the 
 Lord no rest until he establish and make Jerusalem a 
 praise in the earth. 
 [Signed,] 
 
 B. M. PALMER, Mndfrator, 
 
 JNO. N. WADDEL, Stated Cleric, 
 
 JOSEPH R. WILSON. Pcrmane.nt Clerk, 
 
 D. McNeill turner, Temporary Clerk. 
 
 Ministers.— John S. Wilson, Wm. Henry Foote, John H. 
 Bocock, Samuel R. Houston, Francis McFarland, W. T. 
 Richardson, Peyton Harrison, Theodoric Pryor, Samuel D. 
 Stuart, James B. Ramsey, Drury Lacy, P. H. Dalton, 
 Robert Ilett Chapman, J. W. Elliott, R. B. McMullen, 
 Shei)ard AVells, J. H. Lorance, John B. Adger, John S. 
 Harris, J. Leighton Wilson, D. E. Frierson, J. il.Thornwell, 
 A. W. Leland, J. B. Dubose, N. A. Pratt, G. W. Boggs, 
 Robert B. White, A. B. McGorkle, John A. Smylie, James 
 A. Lyon, J. Franklin Ford, W. C. Emer.son, John Hunter, 
 Richmond Mclnnis, W. D. Moore, J. II. Gillespie, W. N. 
 Frierson, A. II. Caldwell, Thomas R. Welch, John I. 
 Boozer, Cyrus Kingsbury, R. M. Loughridge, Rufus W. 
 Bailey, Hi"llery Mosely, R. F. Bunting, Levi Tenney. 
 
 Ruling jEW«rs.— James D. Armstrong, B. F. Reniclt, J. 
 W. Gilkeson, J. L. Campbell, T. E. Perkinsou, William F. 
 C. Gregory, Sanmel McGorkle, Jesse II. Lindsay, Charles 
 Phillip.s, James H. Dickson, J. G. Shepherd, James G. 
 Ramsey, William Murdock, Samuel B. McAdams, A. W. 
 Putnam, Lewis B. Thornton, Thomas C. Perriii, Job John- 
 stone, R. S. Hope, J. S. Thompson, W. Porroneau Finley, 
 John Bonner, William A. Forward, D. C. Houston, William 
 P. Webb, James Montgomery, W. H. Simpson, William C. 
 Black, David Iladden, II. II. Kimmons, J. T. Swayne, T. L. 
 Dunlap, Edward W. Wright. 
 
 GENERAL ASSEMBLY OF 1862. 
 
 May 1 — The body met ia Montgomery, Ala- 
 bama— 31 ministers and 16 elders present. 
 
 The following is the Narrative on the State 
 of Religion, reported by Rev. J. L. Girardeau, 
 Chairman of the Commifee: 
 
 It is but a few months since the first General Assembly 
 of the Presbyterian Church in the Confederate States was 
 organized, and our Zion was equipped for her great and 
 distinctive work. We desire at this, our second meeting, 
 to render devout thanksgiving to our Divine Lord anil Head 
 for the abundant favor which he has manifested to our 
 Church in entering upon that new and solemn p.ith of our 
 duty to which his Providence has so clearly pointed her. 
 Having, as she conceived, a Divine call to set up her ban- 
 ners as an independent organization, she has not been 
 destitute of the Divine blessing in obeying t, and we tnwl 
 
APPENDIX. 
 
 513 
 
 will be yet more am', more richly ondoweil for prosecuting 
 lis well the entcriirises peculiarly eutiiisted to her as the 
 general labors which are assigned to every church of the 
 Kedeemer. 
 
 We have to regret that in consequence of the distracted 
 condition of the country, but few reports of our Presbyte- 
 ries, touching the state of religion, h.ive come up to us. 
 All the Presbyteries which h.tvo reported, dwell upon the 
 war in which we are now engaged, and its iutlueiice upon 
 the religious iutorosts of the Church. In thi' first jiLice, 
 we notice the relation of our congregations li. the p:ua( 
 struggle in whic-li we are engaged. All tin- I'r.' Iiyt'iial 
 narratives, witliont exception, mention the fail lli it tlnir 
 congregations have evinced the most cordial .^yrnpatliy 
 with the people of the Confederate States in their efforts 
 to maintain their cherished rights and institutions against 
 the despotic power which is attempting to crush them. 
 Deeply convinced that this struggle is not alone for civil 
 rights, and property, and home, but also for religion, for 
 the Church, for the gospel, and for existence itself, the 
 churches in our connection have freely contributed to its 
 prosecution of their substance, their prayers, and above all 
 of their members and the beloved youth of their congrega- 
 tions. They have parted without a murmur with those 
 who constitute the hope of the Church, and have bidden 
 them go forth to the support of this great and sacred 
 cause with their benedictions and with their supplications 
 for their protection and success. The Assembly desire to 
 record with its solemn approval this fact of the "unanimity 
 of oiu- people in supporting a contest to which religion, as 
 well as patriotism, now summons the citizens of this coun- 
 try, and to implore for tliem the blessing of God in the 
 course which they are now pursuing. In this connection 
 we would notice the fact that some of our ministers have 
 entered the army as chaplains, aud in the joint capacity 
 of chaplains aud soldiers, and are thus discharging a most 
 important and useful oiBce. One of these, a member of 
 South Alaliama Presbytery, is now a prisoner in the hands 
 of the enemy ; and another. Rev. Dabney Carr Harrison, a 
 member of East Hanover Presbytery, a chaplain and an 
 officer, fell mortally wounded at Fort Donelson, Tenn., 
 while leading his men in one of the bloodiest battles fought 
 in this war. His name will be embalmed in the hearts of 
 his countrymen, aud will be held in veneration by the 
 Church of which he was an ornament. In the second 
 place, the spiritual condition of the Church as affected 
 by the war. In some Presbyteries a number of congrega- 
 tions have been disbanded, and their members driven from 
 their homes as refugees, seeking an asylum among stran- 
 gers. In other places prayer meetings are held, and in 
 one or two Presbyteries, revivals of religion have been 
 manifested. The different denominations of Christians 
 have been drawn together by a common danger, and union 
 prayer meetings have been abundant. In the third place, 
 the efforts made to extend the kingdom of Christ have 
 been preserved in some churches The collections for 
 Foreign Missions and other objects of benevolence have 
 been increased, and the Churches were about taking up the 
 subject of Domestic Missions with vigor, when the assault 
 of the enemy upon the city of New Orleans, and the con- 
 sequent removal of the seat of operations of the Assendily s 
 Committee, lias delayed the prosecution of their plans. 
 Neaidy all the Presbyteries make speci.al mention that 
 religious instruction is faithfully imparted to the colored 
 people. We cannot but rejoice in this intelligence. Wo 
 have the motives to the discharge of a grc.'at missionary 
 work, springing from the bosom of every family and the 
 cabins of every plantation. 
 
 GENERAL ASSEMBLY OF 18G4. 
 
 May 5 — The body met, in (Charlotte, North 
 Carolina — 37 Ministers and 27 Elders present. 
 
 Reports made to the Assembly state that there 
 are seven stndenti at the Theo'ogical Seminary 
 in Columbia, and one in Union Seminary, Vir- 
 ginia. MaCuU was fixed lor the meeting of 
 1865. 
 
 UNION OF THE OLD AND NEW SCHOOL CHURCHES. 
 
 The Lynchburg Virginian of August, 18G4. 
 thus notices the meeting of the " United Synod 
 of the Presbyterian Church:" 
 
 This body 1ms been in session for several days in tliat 
 city. I5ut few ministers are present owing to the presence 
 of the enemy in many portions of the South. The most 
 important business executed by the body has been the con- 
 Bmnmation of the plan for uniting the two branches of the 
 Church. The old and new schools are now one. 
 33 
 
 RELIGIOUS INSTRUCTION OF SLAVES. 
 
 In^armony Presbytery, (S. C.,) October, 
 1863, a report of the Committee on the reli- 
 gious instruction of the colored people, written 
 by Uev. J. Leigliton VViisou, D. D., contains 
 these recommendations: 
 
 C'lirislia 
 
 r .^Imuld aim to have his 
 
 ncu;M,-, atl.'.M] ll:-' s;;,;i.- j.Im-- ..f ^ .; hi,, wjtli himself. 
 
 ■-'■ 'i'li-ii a ,-i:i,ill ■ ;i I ' I -ii...'; I i . ' ..ii cvrrv planta- 
 
 \u.n. ^^.u- ih M ,;. p .,,,, • :,■ i --Tnlih-d every . Sab- 
 
 I"| ii ai " I II. ,., iiiijl.r ., ■■.'..'.■I uherir tlicy may 
 
 I' ■'.■;. ..' In 'ill ;'■,.'•'. "I - ■! {■' . and receive cate- 
 clr ' . : ' I ■■ ' '. II ■ I ..,'!■': i I 1 1, ■ ■ , iw af every planta- 
 tc :: i I , ,i ! i • [ ■ r . , il.iy in the chapel 
 
 lor I I, '\ .. 1 I In I I 111- hriii-i li. i,| -,.,v.,],t.j should bo re- 
 qiiii'il hi:,iiii,.| iijcirning aud evening prayers with the 
 wliiti- laiiiil\. .'i. That some measures be adopted by Pres- 
 bvtiiv III iiLTard to the bai>tism of children of believing 
 colurud parents. 0. That the Presbytery exert all the in- 
 fluence possible to render sacred and permanent the mar- 
 riage relation between the colored people, and especially 
 among the members of the Church. 
 
 AN EAST TENNESSEE CHURCH. 
 
 Rev. Dr. Vance's Church — Baker's Creek 
 Church, Blount county, East Tennessee — never 
 united with the Presbyterian Church South ; 
 and the session did not bold a regular meeting 
 between September, 1861, and May 10, 1864. 
 The Presbytery of Knoxville, at an adjourned 
 meeting held at Pleasant Forrest Church, Knox 
 county, on the Friday preceding the second 
 Sabbath of September, 1861, passed resolutions 
 announcing their withdrawal from the General 
 Assembly in the United States, and recom- 
 mended action for the immediate organization 
 of a Southern Assembly. Rev. Dr. Vance and 
 J. II. McConnell, the Ruling Elder of Baker's 
 Creek Church, resisted this action ; and declared 
 their continued adherence to the old Assembly. 
 
 BAPTIST. 
 
 In November, 1860, the Alabama State Con- 
 vention of Baptists unanimously passed a dec- 
 laration, setting forth that the Union had 
 " failed, in important particulars, to answer 
 the purpose for which it was created." The 
 declaration closed with the following announce- 
 ment : 
 
 While, as yet, no particular mode of relief is before us on 
 which to e.xpiv^s an oiiiniuii, wc are constrained, before 
 sciiaraliiiLT III laii- M'\' I- il Imai -, 1-. <i .laro to our breth- 
 T' 11 am! I' 1 1 II , I and iietbreourGod, 
 
 that \v.' Ii"l . ',, I. ;' , ,' la. i!l 'ii'iiroper authority 
 in .lalciH-i' .1 ii' --v. r ' a ■, .11 III iihi,:..-iidcnce of the State 
 ul .Maliaiiia, ami <'t licr i i lit, as a suvereignty, to with- 
 draw from tliis L'nion, ami to make any arrangement which 
 her people, in eonsiitutional assemblies, may deem best for 
 sc' ining their rights. And in this declaration we lieartily, 
 deliljeraldy, unanimously, and solemnly U.n'ITE. 
 
 GEORGIA BAPTIST CONVENTION, 1861. 
 
 April 29 — The body met at Athens, and 
 adopted, unanimously, these resolutions, which 
 were transmitted to the "Confederate" Con- 
 gress by Rev. H. M. Crawford : 
 
 the State Convention of Georgia, in the legiti- 
 pf her sovereignty, has withdrawn from the 
 I'wuastlie I uitcd ,-<tates of America, and, 
 ■ iiiaiiilaiiiihce of liir rights, honor, and 
 las uiiitrd witli Mtlcr .States in a new Con- 
 i- the title of Ihc Cmircderate States of 
 II Limiilii is atti'iniiting, by 
 
 r Slalas, ill vinlalioll of the 
 
 mate exercise 
 
 force of arms, to snbjugatr tlia<r Slalas, in vi 
 fundamental principle of .Via licaii liliily; tin ri'tnre, 
 
 JUsolvrd by the mi'iiibc;rsut the Bapti.it Convention of the 
 S' '.to of Georgia, That we con.sider it at once to be a jileus- 
 i i-e and a duty to avow that both ni feeling and principle, 
 we approve, indorse, aud support the Goverumuut of the 
 Confederate States of America. 
 
514 
 
 APPENDIX. 
 
 2. That while this Convpntion disclaimR all authority, j 
 ■whether ecclesi.'tstical or rivil, .yot as citizens we deem ' 
 it a duty to ura;e the union of all the people of the 
 South in "(letVnce of the Common Cause, and to express the 
 oonfident belief that in whatever conflict the madness of 
 Mr. Lincoln and his tiovernnient may force upon us, the 
 Baptists of Georgia will not be behind any class of onr fel- 
 low-citizens in maintaining the independence of the South 
 by any sacrifice of treasure or of blood. 
 
 3. That we acknowledge with devout thanksgiving 
 to Almighty God, the signal favor with which, up to this 
 time, lie has blesse<l our arms and our policy, and that 
 the B:iptist Churches of this State be requested to ob- 
 serve the first and second days of June next, as days of 
 fasting and prayer, that God will deliver us from all the 
 power of our enemies, and restore peace to our country. 
 
 4. That the Confederate Government be requested to in- 
 vite the Churches of all denominations within the Con- 
 federacy to unite in observing said days of prayer and 
 fasting. 
 
 5. That copies of these resolutions be sent to President 
 Davis, the Confederate Congress, and the Governor of 
 Georgia. 
 
 SOUTHERN BAPTIST CONVENTION, 1861. 
 
 May 13 — The body met in Savannah ; when 
 the following report, said to have been drawn 
 by Rev, Dr. E. Fuller, was unanimously 
 adopted : 
 
 We hold this truth to be self-evident, that governments 
 are established for the security, prosperity and happiness of 
 the people. When, therefore, any government is perverted 
 from its proper designs, becomes oppressive, and abuses its 
 power, the peoi)le have a right to cliauge it... 
 
 As to the States once combined upon this continent, it is 
 now manifest that they can no longer live together as one 
 confederacy. 
 
 The Union constituted by our forefathers was one of coequal 
 sovereign States. The fanatical spirit of tlie North has long 
 been seeking to deprive us of rights and franchises guar- 
 anteed by the Constitution ; and after years of persistent 
 aggression, they have at last accomplished their purpose. 
 
 In vindication of their saored rights and honor, in self 
 defence, and for the protection of all vvliich is dear to man. 
 the Southern States have practically asserted the right of 
 seceding from a union so degenerated from that established 
 by the Constitution, and they have formed for themselves 
 a government based upon the princi|iles of the original 
 compact — ^adopting a charter which secures to each State 
 its sovereign rights and privileges. This new government, 
 in thus dissolving former political connections, seeks to 
 cultivate relations of amity and good will, with its late 
 confederates and with all the world; and they have tin ice 
 sent special commissioners to Washington with overtures 
 of peace, and for a fair, amicable adjustment of all dilli- 
 culties. The Government at Washington has insultinirly 
 repelled these proposals, and now insists upon letting loose 
 hordes of armed soldiers to pillage and desolate the entile 
 South, for the purpose of forcing the seceded States back 
 into unnatural union, or of subjugating them and holding 
 them as conquered provinces. 
 
 While the two sections of the land are thus arrayed 
 against each other, it might naturally have been hoped 
 that at least the churches of the North Avould interpose 
 and protest against this appeal to the sword, this invoking 
 of civil war, this deluging the country in fratricidal blood; 
 but with astonishment and grief, we find churches and 
 pastors of the North breathing out slaughter, and clamor- 
 ing for sanguinary hostilities with a fierceness which we 
 would have supposed impossible among the disciples of the 
 Prince of Peace. 
 
 In view of such premises, this Convention cannot keep 
 Bilenco. Recognizing the necessity that the whole moral 
 influence of the peoph?, in whatever capacity or organi- 
 sation, should be enlist il in aid of tlie rulers who, by tlicir 
 suffrages, have been called to ilefend the endangered in- 
 terests of person and prop Tty, of Imnor and lilierty, it i.s 
 bound to utter its V,, Ice ili,<tiiicily.ilcci<le(lly, emphatically; 
 and your Committee recommend, therefore, the subjoined 
 resolutions: 
 
 Resolved, That impartial history cannot charge upon 
 the South the dissolution of the Un'ioii. She was foremost 
 in advocating and cementing that Union. To that Union 
 she clung through long years of calmnny, injury, and in- 
 sult. She has never cease.l to raise! her warning appeals 
 against the fanaticism which has obstinately and inces- 
 santly warred against tlitit Uiiicjo. 
 
 2. That we most conlially apjirove of the formation of 
 the government of tlie Conlcderate States of America, and 
 admire and applaud the noble course of that government 
 np to this present time. 
 
 3. That we shall assiduously invoke the Divine direction 
 and &vor in behalf of tho'se who bear rule among us, that 
 
 they may still OTercise the same wise, prompt, elevated 
 statesmanship which has hitherto characterized their 
 mea.sures; that their enterprises may be attended with 
 success; and that they may attain a great reward, not 
 only in .seeing these Confederate States prosper under their 
 administration, but in contributing to the progi-ess of the 
 transcendent kingdom of our I.,.ird Jesus Christ. 
 
 4. That wo most cordially tender to the President of the 
 Confederate States, to his Cabinet, and the members of the 
 Congress now convened at Montgomery, the assurances of 
 our sympathy and entire confidence. With them are oar 
 hearts and our hearty co-operation. 
 
 5. That the lawless veign of terror at the North, tKa 
 violence committed upon unoffending citizens, above all, 
 the threats to wage upon the South a wartare of savago 
 barbarity, to devastate our homes and hearths with hosts of 
 ruffians and felons burning with lust and rapine, ought to 
 excite the horror of all civilized people. God forbid that 
 we should so far forget the spirit of .lesus as tosutTer malice 
 and vindictiveness to iu.sinuate themselves into onr hearts; 
 but every principle of religion, of patriotism, and of hu- 
 maniiy, calls \ipon us to pledge onr fortunes and lives in 
 the good work of repelling an invasion designed to destroy 
 whatever is dear to our heroic traditions ; whatever is sweet 
 in onr domestic hopes and enjoyments; whatever is essen- 
 tial to onr institutions and our very manhood ; whatever is 
 worth living or dying for. 
 
 6. Tliat we do now engage in prayer for our friends, 
 brothers, fathers, sons, and citizen soldiers, who have left 
 their homes to go forth for the defence of their families and 
 friends and all which is dearest to the human heart ; and we 
 recommend to the churches represented in this body, that 
 they constantly invoice a holy and merciful G<;d to guard 
 them from the temptations to win ;h they are exposed, to 
 cover their head in the day of battle, and to give victory to 
 their arms. 
 
 7. That we will pray for our enemies in the spirit of that 
 Divine Master, who '-when lie was reviled, lie reviled not 
 again,' trusting tint their pitiless purpn.ses, nia,y be frus- 
 trated, that God 
 
 dal strife wlii.,Ii 
 allonvcoiuuii.ss 
 the Siipiviue I'o 
 
 ant to them a more politic, a more 
 •Christian mind; that tlio fratrici- 
 ave decided upon, iiotwitiistaTiding 
 il ideas Tor peace, may lie arrested by 
 lo makethtlie wrath of man topraise 
 llim; and lliat thus, throu^uh a. divine blessing, ihe pros- 
 perity of these sovereign and once allied States, may be re- 
 >-tored under the two governments to whic.ii they now and 
 henceforth respectively belong. 
 
 8. That wo do recommend to the churches of the Bap- 
 tist denomination in the Southern States to observe the 
 1st and "id days of June as days of humiliation, fasting, and 
 prayer to Almighty God, that he may avert any calam- 
 ities due to our sins as a people, and may look with mercy 
 and favor njion us. 
 
 9. That whatever calamities may come upon us, our firm 
 trust and hope are in (iod, tlu-o;igh the atonement of Ilis 
 Son, and we earnestly beseech the churclics represented in 
 this body, (a constituency of sixor seven hmidinl tliou.sand 
 Clnistians.) that they be fervent and iinporUinate in prayer, 
 not only tor the couiury, but for the eiiierjirises'if llieGos- 
 pel which have been committed to onr care. In the; war of 
 thellevolution, and in the war of 1S12, thi' Daptist bated 
 nojotofheart or hope for the Redeemer's caiuso. Their 
 zeal and liberality abounded in tlieir deepest aftlictions. 
 We beseech the clinrches to cherish tlio spirit and imitate 
 the exaiiiide of this nolile army of saints and heroes; to 
 be followers of them who, through faith and patience, in- 
 herit the promises; to be steadliist, unmoveable, always 
 aboniiding in the work of the Loril, forasmuch as they 
 know that tlieir labor is not in vain in the Lord. 
 
 10. That these resolutions be communicated to the Con- 
 gress of the "Confederate States" at Montgomery, with 
 the signatures of the President and Secretaries of the 
 Convention. 
 
 P. II. MELL, Ga.; 
 JA.MiO.S H. I5H00.MK, Fla.; 
 G. U :M.\UTIN, Mi.ss.; 
 \V. CAi;i:V CliANE, La.; 
 K. iULLIiU, Md.; 
 
 B. MANLEY, 
 
 JAMES B. TAYLOR, Va.; 
 R. B. C. IIO\\";;iX, Tenn.; 
 L. W. ALLKX, Kv.; 
 J. L. PUICUAIID.N. C; 
 E. T. WlNKLEil, S. C; 
 
 Committee. 
 
 BAPTIST CONVENTION OF SOUTH CAROLINA, 1861. 
 
 July 25 — The body met at Spartanburg — 
 Hon. J. B. ONeall, President; Rev. Mr. Lan- 
 drum, Vice-President ; Rev. Mr. Breaker, Sec- 
 retary; Prof Judson, Treasurer. 
 
 On the State of the Country, the following 
 resolution, offered by Dr. W. Curtis, was unan- 
 mously adopted: 
 Resolved, That in the present peculiar condition of our 
 
APPENDIX. 
 
 515 
 
 political affairs, it becomes ns thus to assure our beloved 
 country of our syinijiitliies, prayers, ami thaiiUsgiving on 
 
 luT Iicfiulf: tli.it so I'.ir as wo i'mi undcrttaml the itiiii.irlia- 
 
 Me Oll.'Ili.lt- :.', I-.M ,-.-ot DiMUr I'l-.ivi.). 
 
 but 
 
 ,]...< 
 
 )f tlli 
 
 State, in prayer and efTort, to defend our liomes, our liber- 
 ties, and our cliurches: and encourage tliem to be assured, 
 that, as hitherto, putting our faith in God, tliough each of 
 us may h.ave much to bear, yet the rod will not finally 
 rest upon us, but that in tliis most wicked attack upon our 
 otherwise peaceful homes, the wickedness of the wicked 
 will return on their own heads. 
 
 M\RRIAGE OF SLAVES. 
 
 The Baptist Association of Georgia, in its 
 meeting of 1864. adopted this resolution: 
 
 Resolved, That it is the firm belief and conviction of 
 this body that the instittition of marriage was ordained by 
 Almighty God lor the benefit of the whole human race, 
 without respect to color; that it ought to be maintained 
 in its original purity among all classes of people, and 
 in all cuuntries, and in all ages until the end of time: and 
 that, consequently, the law of Georgia, in its failure to 
 recognize and protect this relation between our slaves, is 
 essentially defective, and ought to be amended. 
 
 PROTESTANT EPISCOPAL. 
 
 DIOCESE OF ALABAMA, 1861. 
 
 May — The Protestant Episcopal Convention 
 of A ab 'ma adopted t'jis ordioaace : 
 
 ■Whereas the Constitution of the Diocese of AlaliaiUM was 
 adopted when the sui<l Diocese actually was, oil i(, i i - viy- 
 tion of its continuing to be, apartof the "I'l' i i ; i ,,i i 
 copalChurchiutheL'nitedStates;''and will i< 1 
 
 Alabama is no longer a part of the United m.i; -. il, i ■- 
 fore it is liereby declared by this Convention that the first 
 article of the Constitution of the Diocese, wi.h all those 
 c.inons, or portions of canons, depeu-.lent upon it, are null 
 and void. It is furthermore declared that ail canons, or 
 portions of canons, both Diocesan and general, not neces- 
 sarily dependent upon the recognition of the authority of 
 the Church in the United States, are hereby retained in 
 force. This declaration is not to be construed as affecting 
 faith, doctrine or commuuioii. 
 
 The form of service in the seceded States 
 passed through several transformations. First 
 the Govf rnor of every seceded State was sub 
 Stituted in (he public prayer for the President of 
 the United States. Then the Governors gave 
 way to the President of the Southern Confed- 
 eracy. An example of these variations is 
 found in the following pastoral letter of the 
 Bishop of the diocese of Lotiisiana : 
 To the Clergy of the Diocese of Louisiana: 
 
 The progress of affairs makes it expedient to direct fur- 
 ther changes in the public service of the Church. 
 
 In the prayer for those in civil authority. Ibr the words 
 " the President of the United States," substitute the words 
 " the President of the Confederate States." 
 
 In the special prayer set forth in my letter of the 30th 
 ultimo, for the words " and the Convention of Southern 
 fctatep," substitute the words " and the Congress of the 
 Confederate States." 
 
 The prayer for the Legislature, as already indicated, will 
 be continued during its sessions. 
 
 I remain, very truly, your servant in Christ, 
 
 LEONIDAS POLK, 
 Bishop of tlie Diocese of Louisiana. 
 
 New Orleans, Feb. 20, 1861. 
 
 A pastoral letter from Bishop Polk, of that 
 diocese, contaics this passage : 
 
 " Our separation from our brethren of ' The Protestant 
 Episcopal Church in the United States' has been effected, 
 htiMHse we must folloxj our nationality. Not because there 
 lia-s bt^an any dilT^rcnc" of opinion as to Christian doctrine 
 or ciitliolic usage. Ujion these points we are still one. 
 "With us it is a separation, not a division — certainly not 
 Hiieuatjon. And there is no reason why, if we should find 
 the imion of our dioceses under our national Church im- 
 
 practicable, we should coas<i io feel for each other the 
 respect and reg.ird wi;h wliich purity of manners, high 
 priuciple, and a manly il'^voiion to trul'li never fail to in- 
 Bjiire generous miiiils. Our relations to caih other hereaf- 
 ter will be the relations we both now hold to the men of 
 our mother Church of Knglaiid." 
 
 " CONFEDERATt!" EPISCOPAL CHURCH, 1861, 
 
 November — At a General Convention held 
 in Co.umbia, S. C, the Constitution of the 
 Protestant E iscopal Church in the Confed- 
 erate States of Amer ca was adopted — all the 
 bishops present except Bishop Polk,* with a 
 full attendance of clerical and lay deputies ; 
 Bishop .Meade presided. The Richmond Ex- 
 aminer of Nov. 14 says: 
 
 The general tone of its deliberations, though entirely free 
 from asperity toward the Church of the North, gave evi- 
 dence of adei'p and settled conviction, on every hand, that 
 the separation in church organization, like that in civil 
 government, was, and ought to be, complete and perpetual. 
 PASTORAL LETTER OF THE BISHOPS, 1862. 
 
 Nov. 22 — The session of the First General 
 Council, held at Augusta, was closed bv read- 
 ing an Ad -ress, from which these extracts are 
 made : 
 
 Seldom has any Coun<il assembled in the Church of 
 Christ under circumstances needing Ilis presence more 
 urgently thart this which is now about to submit its con- 
 clusions to the judgment of the Universal Church. Forced 
 by the Providence of God to separate ourselves from the 
 Protest ;iit i;].i~io|,aI Clui; .li in !li<- Unit»-d Stairs— at liurch 
 
 time irf 
 
 when civil striio b id diiipcl Us l.K.t in blood, and ciaiol war 
 was de.<olating our homes and lircsidcs, svc required a dou- 
 ble measure oi' i,aare to juvsei've the accustomed modera- 
 tion of the Church in the arrangement of organic law, in 
 the adjustment of our code of canons, but above all, in the 
 preservation, without change, of those rich treasures of 
 doctrine and worship which have come to us enshrined in 
 our Book of Common Prayer. 
 
 The Constitution of the Protestant Episcopal Church in 
 the Confeder.ite States, under which we have been exer- 
 
 * A correspondent of the New Orleans Picayune, writing 
 from Richmond, gives these curious particulars of the way 
 in which Ri^ht Rev. Dr. Polk, Bishop of the Episcopal 
 Church for the Diocese of Louisiana, c.ime to forsake the 
 gown for the swonl: 
 
 '• The Right Rev. Leonidas Polk, of Louisiana, has been 
 conmiissioiied Major General in the army of the Confeder- 
 ate States. The appointment has been urged upon Bishop 
 Polk tor several weeks, but he has had some hesitation in 
 acccjiting it. A few days since he paid a visit to the ven- 
 erable Bishop Meade, at his home near Winchester, to con- 
 sult with him about it. The result was that he has con- 
 cluded to accept it. 
 
 '• Bishop Meaile told him truly that he already held a com- 
 mission in a Very different array, to which he held allegi- 
 ance 'till life's journey ends.' 
 
 " ' I know that very well,' replied Bishop Polk, ' and I 
 do not intend to resign it. On the contrary, I shall only 
 prove the more faithful to it by doing all that in me lies to 
 bring this unhallowed and unnatural war to a speedy and 
 happy close. W e of the Confederate States are the last 
 bulwarks of civil and religious liberty; we figlit for our 
 hearthstones and our altars; above all we fight for a race 
 that has been by Divine Providriir,' .ntiiistcl io our most 
 sacred keeping. When I arn-iit a i-,.inniisvii.ii in the Con- 
 federate army, therefore. I not onl\ 1 liaiu llie duties of 
 a good citizen, butcontend lor tin- pi innpls which lie at' 
 the foundation of our social, poliiii al. an 1 i.liui'ais polity.' ' 
 
 Bishop Burgess, of Jlam.'. in aa.lir--in- tlic Diocesan 
 Convention of that State, thusalhiii mI t.. ilus .n -nmstjince : 
 
 " It is i-robably stated, with cmtv appeal auce of authen- 
 ticity, that one of the Southern Bishops of our Church has 
 accepted a high command in tlie army of the revolted 
 States. The present remark will be withheld from the 
 press, unless the statement should be confirmed. If it bo 
 true, it is an act of dishonor to the Episcopate, unparalleled 
 except in the darkest periods and the most corrupt commu- 
 nions. The hands of the ministry were always held back 
 from bloodshed, even though the cause were most just." 
 
 The Bishop-General was killed near Marietta, Georgia, 
 Juno 14, 1864, by a shell fired from a gun belonging to tho 
 4tb Corps, General Sherman's army. 
 
516 
 
 APPENDIX. 
 
 cising otir legislativo functions, is the same as that of the 
 Church from which we hav(! heen provideutially separated, 
 s.tve that wc havi'. introihiccd into it a germ of expansion 
 which was wanting in th" olil roiistitution. This is found 
 in the permission whiili is granted to existing Dioceses to 
 form themselves I).v subdivision into Provinces, and by tliis 
 jirocess gradually to reduce our immense Dioceses into 
 Episcopal Sees, more like those which iu primitive times 
 covered the territories of the Ronjan Empire. * * 
 
 The Prayer Book we have loft untouched in every par- 
 ticuUir save where a chanire of our <-ivil government and 
 the formation of a new nation have made alteration essen- 
 tially requisite. Th.-eo words comprise all the amendment 
 which hii8 been deemed necessary in the present emergency, 
 for we have felt unwilling, in the existing confusion of 
 affairs, to lay rash hands upon the Book, consecrated by the 
 use of ages, and hallowed by associations the most sacred 
 and precious. 
 
 Our next source of encouragement is that we enter upon 
 our work with our Dioceses fully organized, and with the 
 means which Christ has instituted in His Church well dis- 
 tributed throughout the Confederate States. When we re- 
 member the very different auspices under which the ven- 
 erated Fathers of the American Church began their work, 
 and mark how it has grown and prospered, wo should in- 
 deed take courage and feel no fear for the future. In their 
 c.uso all their ecclesiastical arrangements had to be organ- 
 ized; in our case we find these arrangements all ready to 
 our hand, aud with the seal of a happy experience stamped 
 upon them. In their case every pr<'judice of the land was 
 strong against thorn. In our case we go forward with the 
 leading minds of om- new Kepublic cheering us on by their 
 communion with us, aud with no prejudications to over- 
 come, save those which arise from a lack of acquaintance 
 with our doctrine and worship. In their case they were 
 indeed few and separated far from one another in their 
 work upon the walls of Zion. In our case we are compar- 
 atively well compaeted, extending in an unbroken chain 
 of Dioceses from the Potomac to the confines of the Re- 
 public. Despite all these disadvantages, "the little one 
 became a thou-sand and the small one a strong nation," and 
 shall we despond? If we be watchful, and strengthen the 
 things that remain, our God will not forsalce us, but will 
 '• lengthen our cords and stretch forth the curtains of our 
 habitations." In visible token of this fact, we have al- 
 ready, since our org:iniza tion, added to the House of Bishops 
 tlie Rt. Rev. Dr. Wilmer as Bishop of Alabama, and re- 
 c-.ived into communion with the Church the Diocese of 
 Arkansas. 
 
 Another source of encouragement is tliat there lias been 
 no division iu the Church in the Confederate States. Be- 
 lieving, witli a wonderful unanimity, that the providence of 
 God had guided our footsteps, and fi:r His own inscrutable 
 purposes had forced us into a separate organization, there 
 h;i.s been nothing to embarrass us in the preliminary move- 
 ments which have conducted us to our present position. 
 With one mind and with one heart we have entered upon 
 this blessed work, and we st.md togetlier this day a band 
 of brothers, one in faith, one iu hope, one iu charity. There 
 may be among us, as there always must be. minute diiT(T- 
 cuces of opinion and feiOing. but there is nothing to hin- 
 der our keeping the unity of th« spirit in the bond of peace. 
 ^V'e are all satisfied that we are walking in the path of 
 duty, and that the light of God's countenance has been 
 wonderfully lifted up upon us. He has comforted us iu 
 our darkest hours, and has not permitted our liearts to 
 faint in the day of adversity. * * * 
 
 Many of the States of this Confederacy are Missionary 
 ground. The population is spaise and scattered; the chil- 
 dren of the Church are lew and far between; the Priests of 
 the Lord can reach tliem only after great lal)or aud priva- 
 ti(,^ Hitherto has their scanty sul)sistenrc been eked out 
 from the common treasury of our uiiitdi Chnreh Cut off 
 from that recourse by our political action, in which tliey 
 have heartily acquiesced, they turn to us and pray us to do 
 nt least as much for them, as we have been accustomed to 
 ilo for the Church from which they have been separated by 
 a civil necessity. We can do what they ask, and we ought 
 cheerfully to do it. * * * * 
 
 The time ha« come wlien the Church should press more 
 urgently than she has hitherto done upon her laity, the 
 solemn fact, that the slaves of the South are not merely 
 M) much property, but are a Siicred trust committed to us, 
 H3 a people, to be prepared for the work which God may 
 have for them to do in the future. While under this tute- 
 lage He fieely gives to us their labor, but expects us to 
 give back to them that religious and moral instruction 
 which is to elevate them in the scale of Being. And while 
 inculcating this truth, the Church must offer more freely 
 her ministrations for their benefit and improvement. Iler 
 laity must set the exiimple of readiness to fulfill their duty 
 towards these people, and her clergy must strip themselves 
 ot pride and fastidiousness and indolence, and rush with 
 the zeal of martyrs, to this labor of love. The teachiuss 
 
 of the Church are those which host suit a people passing 
 from ignorance ta civilization, because while it represses 
 all fanaticism, it fastens upon the memory the great farti 
 of our religion, and through its objective worship attracts 
 and eucjiains thein. So far from relaxing, in their c;u^e, 
 the forms of the Chrncli. good will be permanently done 
 tothem ju~t in proportion as wo teach them through their 
 senses and their alleiti.jus. If sulyected to the teachings 
 of a bald spirituali-'ri, they will find food for their senses 
 and their ehiiil-lilvc taneies in superstitious observances of 
 their own, b-ading too often to Crime and licentiousness 
 
 It is likewise the iluty or til t'liurch to press upon tho 
 masters of the country their o'uligation, as ('hristian men, 
 so to aiTango this institution as not to necessitate the vio- 
 lation of those sacred relations which God has created, and 
 which man cannot, consistently with Christian duty, an- 
 nul. The systems of labor which prevail in Europe and 
 which are, in many respects, more severe than ours, are so 
 arranged as to prevent all necessity for the separation of 
 patents and children, and of husbands and wives, and a very 
 little care upon our part, would rid the system upon which 
 we are about to plant our national life, of these unchristian 
 features. It belongs, especially, to the Episcopal Church 
 to urge a proper teaching upon this subject, for in her fold 
 and in her congregations are found a very large proportion 
 of the great slaveholders of the country. We rejoice to 
 be enabled to say that the public sentiment is rapidly be- 
 coming sound upon this subject, and that the Legislatures 
 of several of the Confederate States have already taken 
 steps towards this consummation. Hitherto have we been 
 hindered by the pressure of abolitionism ; now that we 
 have tlirown off from us thafhateful and infidel pestilence, 
 we should prove to the world that we are faithful to our 
 trust, and the i;hurcli should lead the hosts of the Lord in 
 this work of justice and of mercy. 
 
 METHODIST EPISCOPAL. 
 
 It is difficult to get information respecting 
 tliis Chuich. Its General Conference was 
 to have been held in 1862, in New Or- 
 leans, but the city fell before that date; and 
 there has been no meeting of the body since. 
 Its book concern (in Nashviljf-) came into 
 our poKsesston at an early day, and is un- 
 der proceedings of confiscation. Few of the 
 Annual Conferences have been held, and the 
 organization of the Church appears to have 
 been almo.-t wrecked by th? war. It separated 
 in 1845, trom the Methodist Church North, on 
 the Slavery Question. 
 
 This item appeared in one of the Georgia 
 newsp'per' : 
 
 AurJUSTA, AupuH 1, 1864. — Bishop Pierce, of the Metho- 
 dist Episcopal Church South, calls upon the Methodists of 
 the State to meet on Wednesd.-iy, August 10. for special 
 prayer for victory aud the expulsion of the foe from our 
 State. 
 
 CATHOLIC. 
 
 No Church body appears to have taken ac- 
 tion. 
 
 Bishop Lynch of Charleston early espoused 
 the "Confederate" cause, and early in 1861 
 had a correspondence with Archbishop Hughes 
 on the rightfulness of secession. He has 
 since been in Europe as Confederate agent. 
 
 In 1801, the J)f'cw Orleans Catholic Standard 
 published these editorial articles : 
 
 Let no Southern child be educated outside the limits of 
 the Confederate States. We have cxcellc-nt schools aud 
 colleges at Richmond and Norfolk in Virginia; at Charles- 
 ton and Columbia in South Carolina; at Savannah and 
 Augusta in Georgia; at St. Augustine in H'lida; at Mo- 
 bile in Alabama; at Bay St. Louis, Pass Christian. Sulphur 
 Springs, Vicksburg, aud Natchez, Missis,sippi: at Fort 
 Smith, Helena and Little Hock iu Arkansas ; at Blarks- 
 ville and Memphis in Tennessee: at Galves-on, New 
 Braunfels, San Antonio, Brownsville, and Liberty in Texas; 
 and at St. Michael's, Grand Coteau, Vermillionville, Tliibo- 
 deaux, Doualdsonville, Natchitoches, Avoyelles, Alexandria, 
 Shreveport, Iberville, Algiers, and New Orleans in Louisi- 
 ana. The social bonds between us an<l the i atholics at tho 
 North have been severed by them. Wo acknowledge 
 
APPENDIX. 
 
 517 
 
 them no longpr as our comitrynien. They and their insti- 
 tmiuus have no claims upon us. 
 
 (Jill- Cliarlcston Inuther is not alone in the satisfaction he 
 feels at the loyalty of the Catholic Celts to their adopted 
 State. We are proud in being able to claim similar ImnorH 
 for our Iliburnian friends. A very largo m:ijority of what is 
 styled the Irish vote in this city, was cast for tUr. .'^i-ocssioii 
 ticket. Precincts where the Irish fonnnly tcslilii"! llieir 
 devotion to the Union, by heavy m;ijuiiii.s i>>i tlir > i-cilled 
 Union ticket, gave in the recent electuMi^ ntlur innjnrities 
 for Secession or reduced the co-opuialiou niajurit.y to a 
 mere trifle. We arc proud to say that this is not only true 
 of the Celts, in particular, but of our entire Catholic popu- 
 lation, a very large. majority of whom voted the Secession 
 ticket. Of practical Catholics, probably 19 out of every 20 
 who voted gave it their support. Religion, of course, was 
 not directly involved in the question, but it is quite impos 
 Bible to dissever patrioti.sni from religion in the Cathnlic 
 heart. That is a Union which cannot be dissolved. Even 
 the wayward Catholic youth whose passions have led him 
 astray from the house of his Father, and who has for 
 years neglected his loving bounty, cannot have his patriot- 
 ism aroused without at once burning with reawakened 
 love and duty to his souls true home. We cannot conceive 
 Buch an impossibility as a Catholic heart in which Patriot- 
 ism and Pveligion do not throb together. Like the llilier- 
 uians in Charleston, their countrymen in New Orleans, 
 many of whom were partisans of Mr. Douglas, have org:in- 
 ized military companies, not for mere pastime, but for 
 work, and are ready for the struggle whenever the arrogant 
 North shall presume to force it upon us. 
 THE pope's reply TO THe' REBEL COMMISSIONERS. 
 
 IIoNORABLE Gbntlemen: Mr Soutterhas handed me your 
 letter of November 11, with which, in conformity to the 
 instructions of your Government, you have sent me a copy 
 of the manifesto issued by the Congress of the Confed- 
 erate States and approved by the most honorable President, 
 in order that the attention of the Government of the Holy 
 See, to whom, as well as to the other Governments, you 
 liave addressed yourselves, might be called to it. The sen- 
 timents expressed in the manifesto, tending as they do to 
 the cessation of the most bloody war which still rages in 
 your countries, and the putting an end to the disasters 
 which accompany it by proceeding to negotiations for 
 peace, being entirely in accordance with the disposition 
 and character of the august head of the Catholic Church, 
 I did not hesitate a moment in bringing it to the notice of 
 the Holy Father. Ilis Holiness, who lias been deeidy 
 afflicted by the accounts of the frightful carnage of this 
 obstinate struggle, hiis heard with satisfaction the expres- 
 eion of the same sentiments. Being the vicar on earth of 
 that God who is the author of peace, he yearns to see these 
 wraths appeased and peace restored. In proof of this. he 
 wrote to the Archbishops of New York and New Orleans, 
 as far back as October 18, 1862, inviting them to exert 
 themselves in bringing about this holy object. You 
 may then, honorable gentlemen, feel well assured that 
 whenever a favorable occasion shall present itself, Ilis 
 Holiness will not fail to avail himself of it, to hasten so 
 desirable a result, and that all nations may be united in the 
 bonds of charity. 
 
 In acquainting you with this benignant disposition of the 
 Holy Father, I am pleiised to declare myself, with senti- 
 ments of the most distinguished esteem, truly your ser- 
 vant, 
 
 G. Card. ANTONELLI. 
 
 Rome, December 2, 1864. 
 Messrs. A. Dudlei Man'x, J. M. M.isojf, and John Sudell, 
 
 Cnmmissioners of tlie Confederate States of America, 
 
 Paris . 
 
 CHRISTIAN ASSOCIATION", 1861. 
 
 The Young Men's Christian Association of 
 New Orleans, under date of jMay 22, issued an 
 " Address to the Young Men's Christian Asso- 
 ciations of North America," in which they 
 say : 
 
 We wish you to feel with us, that there is a terrible respon- 
 sibility now resting upon us all as Christians, in this trying 
 time of our country. * * * We in the South are satis- 
 fied in our judgments, AND in our hearts, that the political 
 severance of the Southern from the Northern States i.« 
 permanent, and should be satisfactory. We believe that 
 reason, history, and knowledge of human nature, will 
 suggest the folly and futility of a war to re-establish a 
 political union between theseveredsections. * « * Has 
 it not occurred to you, brethren, that the hand of God may 
 BE in this political division, that both governments may 
 more effectually work out His designs in the regeneration 
 of the world? While such a possibility may exist, let Ilis 
 
 people he careful not to war apainst Ilis will. It is not 
 pretended that the war is to maintain religious freedom, or 
 extend the kingdom of Christ. Then, God's people should 
 beware how they wage or encourage it. In the name of 
 Christ and His divine teachings, we protest against tho 
 war which the Govenmient at Washington is waging 
 against tho territory and people of the Southern States; 
 ami we call upon all the Youn'^ Men's Christian Associa- 
 tions in the North to unito with us in this solemn protest. 
 
 ADDKESS OF THE "CONFEDERATE" 
 CLERGY, 1863. 
 
 ADDRESS TO CliRISTI.\N3 IHUOnGHOUT THE 
 WORLD, BY THE CLEHGY OF THE CONFEDB- 
 UATE STATES OF AMERICA. 
 
 Christian Brethren, — In tho name of our Holy Chris- 
 tianity, we address you in this form, respec*^ing matters of 
 great interest to us, which we believe deeply concern the 
 cause of our Blessed Master, and to which we invoke your 
 serious attention. 
 
 We speak not in the spirit of controversy, not by politi- 
 cal inspiration, but ;i8 the servantsof the Most High God, we 
 speak the " truth in love," concerning things which make 
 for peace. 
 
 In the midst of war — surrounded by scenes that pain 
 the souls of all good men — deploring the evils which aro 
 inseparable from national contentions — we feel most deeply 
 impressed by the conviction, that for our own sake, for tho 
 sake of our posterity, for the sake of humanity, for the 
 sake of the truth, and, above all, for the sake of our Re- 
 deemer's Kingdom, it behove,s us to testify of certain things 
 in our beloved land, which seem to be neither understood 
 nor appreciated by our enemies, nor yet clearly appreciated 
 by Christians of other nations. 
 
 We put fiu-ih this address after much prayer, solemnly 
 invoking the blessing of Almighty God, and committiLg 
 what we say to that Providence by which we trust we are 
 directed, and by whose authority and power the govern- 
 ments of the earth stand or fall. 
 
 If we were moved to make this address by any fears of 
 the final issue of the war in- which otir country is now en- 
 gagel. by any inclination to meddle with political ques- 
 tions, by any desire to resume controversy in respect to 
 matters which h.ive been referred to the arbitration of the 
 sword; if indeed anytliing that compromised the simplici- 
 ty, dignity, and purity of Christian duty moved us to issue 
 this address, we should deserve to have it despised by yon, 
 and could hope for no blessing of God to rest upon it. But 
 for all that we say in the following declarations, we are 
 willing to be judged by succeeding generations, and to 
 answer in that day when the secrets of all hearts shall be 
 made known. 
 
 Wo do not propose to discuss the causes of the war. 
 They are matters of recent history, easily known and read 
 of all men. To discuss them would obviously involve 
 much more than, as Christian ministers, we feel it our 
 province 1o argue. 
 
 We submit for your consideration as the first point of 
 our testimony and ground of protest, — 
 
 That the war waged against our pioplj; in principle and 
 in fact, proposes to achieve that which, in the nature of the. 
 caste, it is impossibU to accomplish by violence. The war 
 proposes the restoration of the Uition. 
 
 We can rationally supjiose a war for concptest, or to ex- 
 pel an invader, or to compel respect for st?ipuIations of 
 peace and international intercourse which have been vi.>- 
 lated ; but how measures of violence can reunite indepen- 
 dent States, restore their broken fellowship, re-&stabligh 
 equality of representatives' rights, or coerce a people to 
 brutlurly kindness, unity, and devotion to each other, is 
 utterly beyond our conception. 
 
 But if our enemies be disingenuous in their professions 
 — if they fight not to recover seceded States, but to subju- 
 gate them, what promise do men find in the numbers, 
 intelligence, courage, resources, and moral energies of tho 
 milions who inhaiiit tho Confederate States, that such a 
 people can ever become profitable oi happy, as subordi- 
 nate to mere military force? If subjugation, therefore, 
 were possible, is it de.sirable? Would the United States 
 gain anything? Would Christian civilization gain any- 
 thing? Said a great British statesman in 1775, when 
 arguing in favor of adopting conciliatory nieivsures in 
 respect to the revolted colouies of America — colonies, not 
 seceding States — that were in actual rebellion against their 
 sovereign: "The use offeree is but temporary. It may 
 subdue for a moment, but it does not remove tho necessity 
 for subduing again; and a nation is not governed which is 
 perpetually to be conquered. My next objection is iUj 
 uncertainty. Terror is not always the effect of force, and 
 an armament is not a victory. * * * a further objec- 
 tion to force is that you impair tlie object by your very eu- 
 
518 
 
 APPEXDIX. 
 
 doavorg to preserve it. The thing yon fought for is not 
 tli(> tliiiiK you n-covor." 
 
 CUristiiui brethren, could the hand of violence win you 
 to desiro lellowship witU a people while il destroyed your 
 jiaace, polluted your sanctuaries, invaded the sacred pre- 
 cincts of your homes, robbed you of your property, slaugh- 
 tered your noble sons, clothed your daughters in grief, 
 filled your land with sorrow, and eniployeii its utmost 
 strength to redu<'o your country to the degradation of a 
 subjugated province ? Would it not rather animate you to 
 pj-efer death — honorable death — tho patriot's alternative, 
 tlio Christian's martyrdom ? 
 
 As an excuse for violence, our enemies charge that the 
 Confederate States have attempted to overthrow tho " best 
 d'n-ernment on eurtli ;" and call ns "traitors," "rebels." 
 W" deny the chari::o ; and as to tho epitliets, if they defined 
 o ir p'sition, under the circunisiances, we could glory in 
 tlieiu, as do the people of God when persecuted for truth 
 and conscience' sake. But we reg.ird such terms as gra- 
 tuitously assuming tho very point at issue. If employed 
 sincerely, wo will not complain ; but wo are persuaded tli.at 
 many have uttered these expressions under the influence 
 of resentful feelings, who would not otherwise assert tlio 
 political doctrines they imply. AVe are not disposed to 
 engage in an angry retort, and only mention these tilings 
 to show that we appreciate them. 
 
 It will iqipear singular when men reflect upon it, that so 
 many intelligent and Christian people should desire to 
 witli'lraw from the "f/ie best Government on eirt/i." And 
 wo need not discuss tho kindness of those who so generous- 
 ly propose to confer on us by force of arms " the best Gov- 
 ernment.'' 
 
 No attempt has been made to overthrow the Government 
 of the United States, unless by the fanatical party which 
 now administers its affairs, ihe South never entertained 
 such an idea. If that Government fall for lack of Southern 
 support, let men discriminate between the downfall of an 
 oppression when the oppressed have escaped, and a wanton 
 effort to break np good government. So Pharoah fell, but 
 not by the hand of Israel. Tlio dismemberment of the 
 Union by secession was not a blow at the Government. It 
 was forour own deliverance. It was an election of tho 
 I)eople, only hastened and rendered in some eases impera- 
 tive by the violent movements of the Executive of the 
 United States. Virginia may be referred to as an illustra- 
 tion. That State was not willing to secede hastily ; but the 
 demand of Piesident Lincoln, that she furnish troops to 
 fight her sister States, ended all hesitation. At once she 
 took position with tho Confederacy, preferring to battle in 
 defence of liberty, rather than, in opposition to all her 
 principles, to invade or suffer tho invasion of the South. 
 
 So far, tlierelore, fronicdesiring to destroy the United 
 States Government, the great oliject of those States whieh 
 first seceded was to secure their own riglits, and their 
 tranquillity; while the immediate object of the States 
 whicli last secedeil was to plice themselves as barriers in 
 tiie way of a fanatical Aduiinistration, and, if possible, 
 stay the bloody effort to coerce independent States to 
 remain in the Union, when their constitutional rights 
 would not be respected, and when the very purpose to 
 cnerce them showed a readiness to sacrifice the lives of 
 citizens to the demands of sectional hostility. The South 
 would never vote in favor of annexing or retaining a 
 Northern State by force of arms. Instead, therctore, of 
 waging war f)r the overthrow of the United States, tho 
 Confederate States simply defend themselves. 
 
 The war is forced upon us. We have always desired 
 peace. After a conflict of opinions between the North and 
 tliO South in Church and State, of moro than thirty 3-earg, 
 growing more bitter and painful daily, we wi hdraw from 
 them to secure peace — they send troops to compel us into 
 re-union ! Our proposition was peaceable separation, say- 
 ing, " We are ariiiall;/ divided, our nominal union is only a 
 platform of strife." The answer is a call for seventij-Jive 
 t/imisand troops, to force submission to a Government 
 whose, chai'acter, in tho judgment of tho South, hail been 
 B.icrificed to sectionalism. From the speech of Mr. Burke, 
 already referred to, tho following language may be quoted 
 a-i not inai>propriate to our position in respect of peace, — 
 
 "The Proposition is Phage.— Not peace through tho 
 medium of war; not peace to bo hunted through the laby- 
 rinth of intricate and endless negotiations; not peace to 
 arise out of universal discord, foniente I from principle, in 
 all parts of the empire; not peivce to depend on tho judi- 
 cial determination of perplexing questions, or the precise 
 marking tho shadowy boundaries of a complex govern- 
 ment. It is simple peace, sought in tho spirit of peace, and 
 laid in principles purely pacific." 
 
 Such a proposition of jieace wa.s clearly the appropriate 
 duty ol a Christian people. Tho South can point out on 
 fhepage of history the names, and refer to the o.irnost and 
 r' peated elTorts of lier commissioners of peace. But our 
 foes preferred war — vidence — and by violence tho end they 
 aimed at wi\s uuuttuiuable, as the purpose was uuworthy 
 
 of a Christian nation. Against this viol'nc.e, upon princi- 
 ple, and in the light of all the facts of the ca.5e, we, as the 
 servants of God and the ministers of peace, teslily and sol- 
 emnly protest. 
 
 The second general point which we submit for your 
 Christian consideration is, — 
 
 T/ie sejMration of the Southern States is universally re- 
 garded by our people as final, and the formation of the 
 Confederate States' Government as a fixed fact, promising in 
 no respect, a restoriilion of the former Union. 
 
 Politically and ecclesiastically, the line has been drawn 
 between North and South. It has been done distinctly, 
 deliberately, finally, and in most solemn form. Tlie Con- 
 federacy claims to possess all tho conditions and essenti^ 
 characteristics of an independent Government. Our insti- 
 tutions, haliits, tastes, pursuits, and religion, suggest no 
 wi-^h for recuustriiction of the Union. Wo regard the 
 Confederacy, in the wise providence of the Almi.:;hty, as 
 theresult of causes which render its independent existence 
 il moral and political necessity, and its final and future in- 
 dependence of the United States not a matter that admits 
 of the slightest doubt. 
 
 Among all tlie indefensible acts growing out of the inex- 
 cusable war waged against us, we will refer to one espe- 
 cially, in regard to which, for obvious reasons, wo would 
 speak, and as becometh us, plainly and earnestly : — The 
 recnt proclamation of the President of ihe United States, 
 sefkinij the emancipation of the slaves of the South, is, in 
 our judgment, a suitable occasion for solemn protest on tlie 
 part of the people of God throughout the world. 
 
 First, upon the hypothesis that the proclamation could 
 be carried out in its design, we have no language to de- 
 scribe the bloody tragedy that would appal humanity. 
 Christian sensibilities recoil from tho vision of a struggle 
 that would inevitably lead to the slaughter of tens of tliou- 
 sands of poor deluded insurrectionists! Suppose their 
 owners sutt'ered; in the nature of things the slaves would 
 suffer inlinitely more. Make it absolutely necessary for 
 tlie public safety that the slaves be slaughtered, and he 
 who should write ihe history of that event would record 
 the darkest chapter of human woe yet written. 
 
 But, secondly, suppose the proclamation — as indeed we 
 esteem it in tlie South — a mere political document, devised 
 to win favor among the most fanatical of tho Northern peo- 
 ple, uttering nothing that has not already been attempted, 
 practically, but in vain, by the United States ; suppose it to 
 be worth no more than the paper upon which ifs bold ini- 
 quity is traced, nevertheless it is the avowal of a principle, 
 the declaration of a wish, the deliberate attempt of the 
 chi<'f magistrate of a nation to do that which, as a measure 
 of war, must be repugnant to civilisation, .and which tve 
 calmly denounce as worthy of universal reprobation, and 
 against which Christians in the name of humanity and re- 
 ligion ought to protest. 
 
 What shall sound Christianity say to that one-idea of 
 philanthropy which, in the name of an imaginary good, in 
 blind fnry rushes upon a thousand unquestionable evils ? 
 
 If it were the time for such argument, we should not 
 fear the issue of a full discussion of this whole question of 
 Slavery. We fear no investigation — wo decline no debate; 
 but we would not, at an hour like this, and in an address 
 which is chiefly a protest, invoke the spirit of controversy. 
 Wo content ourselves with what we rcganl as infinitely 
 more solemn: we stand before tho world, while warsilences 
 the voices of disputants, and men in de.idly contention 
 wrestle on fields of blood, protesting against the crimes 
 that in the name of liberty and philanthropy are attempted I 
 Let it go fortli from our lips Avhile we live ; let it be re- 
 corded of us when we are dead, that we— ministers of our 
 LordJesus Christ, and members of His holy Church, with 
 our hands upon the Bible, at once the sacred charter of our 
 liberties and tho foundation of our faith— call heaven and 
 earth to record, that in the name of llim whose we are, 
 and whom we serve, iwe protest! No description we can 
 give of this measure of the Executive of the United States, 
 oven though indignation alone inspired us to utter it, would 
 exaggerate what we regard as an unholy infatuation, a 
 rutiiless persecution, a cruel and shameful device, adding 
 severity and bitterness to a wicked and reckless war. 
 When it is remembered that, in the name of a "■miKiary ne- 
 \ssity" this new nie;isure wivs adopted, we may pass by the 
 concession of weakness iniptlod in this fact, and content 
 oureelves with calling attention to the immorality of a 
 necessity created by a needless war of invasion. " Military 
 necessity !" an excuse, not for self-defence — not for self- 
 preservation— but for violating the laws of civilized war- 
 fare, and attempting a barbiirity. If " military necessity" 
 be the inspiration t > iittriupt omaneipation, how shall men 
 praise it as philanthropy? .\ro other nations v.ninterestiil 
 in suchcoiKluct? Proilaiin the right first to invade and 
 subjugate iuilependent Slates, exhaust all resources, iind 
 then avcw tho principle of "military necessity" as an ex- 
 cuse for aiWiiigsoveiity to tho wrong, as a pleaupuii which 
 to project a scheme violating every inauly, hoaorabie, and 
 
APPENDIX. 
 
 519 
 
 Christian sentiment I Suppose an invader happens to be 
 too wtal- to conquer upon any other plan, hius lie therefore 
 the rijiht to proclaim that poison and the indiscriminate 
 slaughter of women and children shall be liis legal method? 
 The common cause of humanity, and the common hopes of 
 Christian civilization, as they appeal to every niition, cry 
 out against this wretched subterfuge. If the "military 
 necessity'" oi weakness m».y righteously adopt any measure 
 that an inva''er'8 ingenuity can invent Or his malice sug- 
 gest, whit laws, what principles of justice and equity, shall 
 uati.'Us at war respect? 
 
 At one time the world is told "the rebellion is weak, and 
 will be crushed out in si.vty days;" at another, "Union 
 ni(^n al'ound in the South, and w 11 welcome United States' 
 troops :is deliverers;" and noiu the invader is so hopeless 
 O! his ta.sk, that it is a " military neces.sity " that he obtain 
 help of slaves! May it not be pertinently asked, what, 
 tliat is creditable to this invasion', ought men to believe, 
 an! to what end is this deceitful war waged? When this 
 la.st r' sort, like all the enemy's preceding schemes, shall 
 biijually fail, as it cert:«nly will, to achieve the ruin of the 
 South, what is promised? Nothing, but war! cruel, relent- 
 loss, desperate war! Because the President by his scheme 
 violati'.s tlie constitution, wo might condemn him; though 
 the constitutionality of his acts lie less important to us thin 
 to the p ople over whom he presides; because he has vio- 
 hiti'd Ins word, his uprcial promise, and even his solemn 
 oath of otli 0, wi- mi;/'it abhor his act; though that is a 
 matt'^r which may chiefly concern his conscientiousne.s.s, 
 nn 1 illustrate the character of that officer whom South- 
 erners refuse lo salute as their Presi<lent; because of the 
 diab lical iiiiscliief intendrd, we might in the name of 
 Iltaven indisiiiuntly denounce his Prochiraalion, though no 
 wrapun loiiurd against us be, practically, more harmless. 
 )5ut tIiPr.e are not the considei'ationa which move us to pro- 
 test : we solemnly protest h.cause, under the disguise ofphi- 
 liniiri'pi/, and tlie prtUxt nf dodng good, he would seek the 
 u]pr<ib:iii n of manlciiul upon a war that promises to hu- 
 manily mil:/ evil, anl Ihut cnnlinually. 
 
 hi'l jiiilanthropists oljserve, even according to its own 
 terms, this measure is in no proper sense an act of mercy 
 to the si ve, but of malice toward the master. It pro- 
 vides for 1 1 eiing oh/.'/ i/i(' .--/afes of those who fight against 
 the United States. The effort is not to relieve that Govern- 
 I ent of>il iviTV. where the philanthropy has full opportunity 
 fjr ' i ;iN' n if^- ,ii:i'ncrosity, iind the power to exercise it in 
 ri .^, ■ i . ' '. . if it exists at all, can be indulged : luit 
 
 the.- I ' \ to invoke slavery as an agent ap.iiirt 
 
 til' - of the consequences to the slaves til -ni- 
 
 sehi-. MM, J iMxt at once so weak and so base mislead 
 iut ; 111 make them imagine Abraham Lincoln 
 
 is., 1 I? His position ought to be offensive to 
 
 ev'-rv -ri 1 ;.li ilitionist, as well as dispiusting to every 
 sincere li lend of the slave, of cvrry sIkoIi' of dijinion on 
 the .|Ue.-tion of slavery. Ilnw iI.m'.; it ni;., t tli eiuse of 
 the Cull feUeracy? If toawak.ii .i ,!.•.;,. r j r-. ni ninit than 
 ever inlUuned the people of tlvS.iii!;i h.-lu:.-: ii' loquencli 
 the la.st sentiment of respect that lingered in their bie;isls 
 for the United States' (iovernment: if to unite them more 
 resolutely than ever, iiiel to make it to the individual in- 
 terest of every peron in the bounds of the Confederacy to 
 sustain and strengthen it with every dollar and every arm, 
 ttud every prayer, and every energy of manly virtue and 
 Christian encouragement, be to ndvance theinvader'siuter- 
 CSt, and give him hnp.'nf su efj . t!i' n ! ; : i!m' TM'i"-!:iniation 
 
 fun 
 
 We snlH 
 
 
 
 • T'l:l' '■. ■■.■•' ' 
 
 
 Sfa(e.< lins 
 
 
 
 n ,/ ,„l ,:.:., ■. . ,,., ('■ 
 
 ' ,;./ ,./ 
 
 th' r.rrsr.d 
 
 falle 
 
 ;/' 
 
 /.(• ftrug'jie liiat yiva, 
 
 pl-Ollit. 
 
 UniUd ,SI 
 
 trs ci 
 
 ■111) 
 
 p/ix/iui'g any good by 
 
 its eon 
 
 Though !i 
 
 inihei 
 
 S of 
 
 thousiiudsoflivesha 
 
 re been 
 
 many mil 
 
 
 tlf 
 
 :i -me sjieiit : limu^ii 
 
 I vast a 
 
 valuable] 
 
 ■ol.ell 
 
 V li. 
 
 -, :-■,.„ ,!,.-lr,,^,,,|, Zr\ 
 
 :ii;iiiiiM 
 
 happy hoi 
 
 les in: 
 
 
 ■ ■ . ;■• ; 1 !•■ II ii ' , 1 M 
 
 .1 ■,•! 1 \ 
 
 
 
 y ■ 
 
 
 
 women ai 
 
 1 ehil 
 
 ile, 
 
 iV ■ \ ■ ■ .■ ; : : 1 ■ e ' i ■ : I li 
 
 
 even a slii 
 
 me to 
 
 Spe 
 
 ikofiilaiiily; tliooj, 
 
 ^al'i'I ii;c 
 
 been desec 
 
 rated. 
 
 am 
 
 ministers of (led liee 
 
 1 .llii.^. 
 
 sacred altars t( 
 
 lOi 
 
 thsome iirisoiis ; llm 
 
 -h shi 
 
 been inst 
 
 tinted 
 
 to 
 
 
 ry llle;i 
 
 hflen ado| 
 
 t.Ml til 
 
 it tl 
 
 ein-eniiitv Mf tlieeni. 
 
 my eon 
 
 or His am 
 
 lie |-.'.- 
 
 )U|- 
 
 eSllIli.lM |.\ M-aiUld 1 
 
 y land 
 
 aver, witl 
 
 lUt le: 
 
 r o 
 
 .■oninnlieiiuu, thiittl 
 
 eonlyp 
 
 which tin 
 
 Unite 
 
 l.<i 
 
 lies ilolil ill llio Coufi 
 
 derate 
 
 the gioui 
 
 d on 
 
 \vh 
 
 eh United Slates- tr 
 
 Hips pit 
 
 tents; an 
 
 1 that 
 
 wilt 
 
 never tliose troops \\ 
 
 itliilra« 
 
 given loci 
 
 lityin 
 
 on 
 
 territory, the peo|iU. 
 
 i-esiden 
 
 II. 
 
 '/'ikrate 
 /ling in 
 <e of the 
 tinuance. 
 lost, and 
 mount of 
 
 t tlierein 
 testiiv a wainier devotion to the Coiifedernte cause than 
 even 'liefi, re their soil was invaded. Nothiog is tlierelore 
 comineieil — no part of the country is siiliiUied ; tlii' civil 
 juriMlietieu of the United States, the real test of their 
 Bucce>s, has not been established by ain/ force of arms 
 Wlieiesneh civil jurisdiction exists at all along the border, 
 it hud existed all the while, wus not obtained by force, unU 
 
 is not the fruit of conquest. The fact is admitted by our 
 enemies themselves. 
 
 It is worthy of special notice, that, notwithstanding the 
 gigantic e.xertions of the United States, they have not been 
 able to secure the return of a single county, or section of a 
 county, much less a single State, that has seceded. No 
 civil order and peace spring up in the track of their 
 armies. All in front of them is resolute resistance; and 
 behind them, when they have entered our territory, is a 
 deep, uncompromising opposition, over which only military 
 force can for a moment be trusted. Thus the civilised 
 world is called upon to observe an invasion which has 
 lasted nearly two years, .and achieved nothing but cruelty. 
 Before it a people ready to die, but neither ready to siilunit, 
 nor weak enough to be conquered; and for its gloomy 
 
 prospci 
 
 :t an interminable Wf 
 
 growing mo 
 
 bitter 
 
 md 
 
 unfeeling every day, because more hopeless to them 
 by it have sought things impos.sible as well as unrighteous. 
 In tho name of the great Prince of Peace, has Christianity, 
 has civilisation, nothing to say to such an awful tragedy? 
 Such is the war for the Union I Yet every day our foes are 
 deepening and widening that river of blood which divides 
 us from them for ever! 
 
 The only change of opinion among our people since the 
 beginning of the war, that is of material importance to the 
 final issue, has been the change from all lingering attach- 
 ment to the former Union, to a more sacred and reliable 
 devotion to the Confederate Government. The sentimenta 
 of the people are not alterable in any other respects by 
 Ibrce of arms. If the whole country were occupied by 
 United States' troops, it would merely exhibit a military 
 despotism, against which the people would struggle in 
 perpetual revolutionary effort, while any Southrons re- 
 mained alive. Extermination of the inhabitants could 
 alone realise civil possession of their soil. Subjugation 
 is, therefore, clearly impossible. Is extermination desired 
 by Christians? 
 
 The moral and religious interests of the South ought to ba 
 appreciated by Christians of all nations. 
 
 These interests have realised certainly no benefit from 
 the war. We are aware that, in respect to the moral aspects 
 of the question of slavery, we differ from those who con- 
 ceive of emancipation as a measure of benevolence, and on 
 that account we suffer much reproach which we are con- 
 scious of not deserving. With aM the facts of the system 
 of slavery in its practical operations before us, "aseye- 
 wiiii ses and ministers of the Word, having had perfect 
 uiel 1 -t aiding of all things" on this subject of which we 
 >lie,k. we may surely claim respect for our opinions and 
 statements. Most of us have grown up from childhood 
 among the slaves; all of us have preached to and taught 
 them the word of life; have administered to them the 
 ordinances of tho Christian Church ; sincerely love them as 
 souls for whom Christ died ; we go among them freely, and 
 know them in health and sickness, in labor and rest, from 
 ini'ancy to old age. We are familiar with their physical 
 and moral condition, and alive to all their interests; and 
 we testify in the sight of God, that tho relation of master 
 and slave among us, however we may deplore abuses in 
 this, as in other relations of mankind, is not incompatible 
 with our liniv ( III istiaiiity, and that the presence of the 
 .MVieaiis .1 ..Ml- i ,1 is an occasion of gratitude on their 
 behalf L i .1: log that therehy Divine Providence 
 
 has lirei, .1, , '. lire missionariSs of the Cross may 
 
 freely pi.Ml.om t . tlieiu the word of salvation, and the 
 work is nut inlerriipted by agitating fanaticism. Tho 
 South has done more than any people on earth for the 
 Christiaiiiziaion of the African race. Tho condition of 
 .-la\es lieie i., iMt areli lied.as northern fictions would have 
 lie 11 believe, lait 1 • I . i,! ,i Tous lUid happy, and would have 
 
 lie 
 
 las not the si: 
 vhirh putsfo 
 irought foitli 
 ile. death— l.i 
 md liioi-al il 
 
 ation olii:iiii lor lliein a better por- 
 e phiu Inr I.enetiting the .African 
 wi|. iitial |ilaii— the Scriptural plan. 
 :i the Seiiili: and while the St.ate 
 :iie |.j,i>laiieTi to regard tlie interests 
 e. as ministers, would preach the 
 eieniinuded of God. This war haa 
 Tli.Ke who have been encouraged 
 leii III liters have gone, and we aver 
 .-■:«ieiy I hat oilers them any better 
 
 .11 h eiile-r iu respect to their 
 
 liie We 1. - ird Abolitionism as 
 le plans of Ihviiie Providence. It 
 1 Ijords blessing. It is a f.maticism 
 )d fruit; instead of blessing, it has 
 
 ; inst 1 of love, hatred ; instead of 
 
 II 1 :;>,Nv. anil pain; and iiifnlelitv 
 I : ■, ii, l.ilii.i-s. We reiiieiuber 
 
 subject: '-bet ai iiiiii\ > i.mis a> are nniler tho yoktt 
 count their own mi.-lers wnrlliy of all honor, that the 
 name of God and His doctrine be not bla>phemc>d. And 
 thuy that have believing musters, lot them not despiso 
 
520 
 
 APPENDIX. 
 
 them because they are brethren ; but rather do them ser j 
 vice because tliey are fiithftil ami beloved, partiikers of th« I 
 benefit. Thcsi'. things Uach and exitort. If any man t.^acli \ 
 otherwise, and consent not to wholesome words, even the 
 •words of our Lord Jesus Christ, and to the doctrine which is 
 according to godliness, he is proud, knowing nothing, but 
 doting about questions and strifes of words, whereof coineth 
 envy, strife, railings, evil surmisiugs, perverse disputings of 
 meii of corrupt mind, and destitute of the truth, supposing 
 that gain is godliness; from such withdraw thyself." 
 
 This is what we teach, and, obedient to the la-it verse of 
 the text, from men that "teach otherwise "—hoping for 
 peact? — we " withdraw " ourselves. 
 
 The Christians of the South, we claim, are pious, intelli- 
 gent, and liberal. Their p istoral and missionary worljs 
 have points of peculiar interest. There are hundreds of 
 thousands here, both white and colored, who are not stran- 
 gers to the blood that bought them. We rejoice that the 
 great Uead of the Church has not despised us. Wo desire 
 as much as in us lieth to live peaceably with all men, and 
 though reviled, to revile not again. 
 
 Much harm has been done to the religious enterprises of 
 the Church by the war; we will not tire you by enumerat- 
 ing particulars. We thank God for the patient faith and 
 fortitude of our people during these days of trial. 
 
 Our soldiers were before the war our fellow-citizens, and 
 many of them are of the household of faith, who have 
 carried to the camp so much of the leaven of Christianity, 
 that, amid all the demoralizing influences of army life, the 
 good work of salvation has gone forward there. 
 
 Our President, some of our most influential statesmeti, 
 our commanding general, and an unusual projiortion of the 
 principal generals, as well as scores of othtT officers, are 
 prominent, and we believo consistent members of the 
 Church. Thousands of our soldiers are men of prayer. We 
 regard our success in the war as due to Divine mercy, and 
 our Govei-nment and people have recognized the hand of 
 God in the formal and humble celebration of His goodness. 
 We have no fear in regard to the future. If the war con- 
 tinue for years, we believe God's grace suflRcieiit for us. 
 
 In conclusion, we ask for ourselves, our churches, our 
 country, the devout prayers of all God's people, — '■ the will 
 of the Lord be done!" 
 
 Christian brethren, think of these things; and let your 
 answer to our address l)e the voice of an enlightened 
 Christian sentiment going forth fiom you against war, 
 against persecution for conscience' sake, against the rav- 
 aging of the Church of God by fanatical invasion. But if 
 we speak to you in vain, nevertheless we have notspoken in 
 vain in the sight of God ; for we have proclaimed the truth 
 — we have testified in behalf of Christian civilization — we 
 have invoked charitj' — we have filed our solemn protest 
 against a cruel and useless war. And our children shall 
 read it, and honor our.splrit, though in much feebleness we 
 may have borne our testimony. 
 
 "Charity beareth all things, believeth all things, hopeth 
 all things, endureth all things." We desire to "follow 
 after charity ;" and '• as many as walk according to this rule, 
 peace be on them, and mercy, and upon the Israel of God." 
 
 Signatures to ike Address. 
 
 BAPTIST CHURCH. 
 
 Bo. Ryland, D.D., President of Richmond College, Rich- 
 mond, Virginia. 
 L. W. Secley, D.D., Richmond, Virginia. 
 3. B. Jeter, D.D., President of foreign Missionary Board, 
 
 Richmond, Virginia. 
 James S. Taylor, D.D., Secretary Foreign Missionary Board, 
 
 Richmond, Virginia. 
 A. M. Poindexter, D.D., Secretary Foreign Missionary Board, 
 
 Richmond, Virginia. 
 William F. Broaddus, D.D., Charlottesville, Virginia. 
 H. W. Dodge, I,ynchburg. Virginia. 
 Cornelius Tyree, Powhatan Courthouse, Virginia. 
 A. D. Shaver, Editor of "Religious Uerald," Richmond, 
 
 Virginia. 
 C. George, Culpepper Courthouse, Virginia. 
 R. n. Bagby, Bruingtou Church, Virginia. 
 Thomas E. Skinner, Raleigh, North Carolina. 
 James P. Boyce, D.D., President Theological Seminary, 
 
 Greenville, South Carolina. 
 John .4. Broadus, D.D., Professor Theological Seminary, 
 
 Greenville, South Carolina. 
 Basil Manly, jun., D D., Professor Theological Seminary, 
 
 Greenville, South Carolina. 
 William Williams, D.D., Professor Theological Seminary, 
 
 Greenville, Sonth Carolina. 
 J. M. C. Breaker, Editor " Confederate Baptist," Columbia, 
 
 South Carolina. 
 J. L. Reynolds, D.D., Columbia, South Carolina. 
 N. M. Crawford, D.D., President of Moicor Dniversity, 
 
 Georgia. 
 Joseph S. Baker, Quitman, Georgia. 
 H. C. Uornady, Atlanta, Georgia. 
 
 Samuel Henderson, Editor of " South West Baptist,' 
 
 kegae. Alabama. 
 Thomas S. Savage, Livingston, MississippL 
 W. H. Meredith, Florida. 
 
 W. J. Pettigrew, Richmond, Virginia. 
 
 METHODIST EPI8C0PAI,. 
 
 J. 0. Andrew, D.D,, Alabama, Bishop of Methodist Episco- 
 
 pal Church, South. 
 John Early, D.D., Virginia, Bishop of Methodist Episcopal 
 
 Church, South. 
 G. F. Pierce, D.D., Georgia, Bishop of Methodist Episcopal 
 
 Church, South. 
 A. M. Skipp, D.D., President of Wofford College, South 
 
 Carolina. 
 Whiteford Smith, D.D., South Carolina. 
 J. T. Wightman, Cliarloston, South Carolina. 
 W. A. Gamewell, Marion, South Carolina. 
 Wm A. Smith, D.D., President of Randolph Macon College, 
 
 Virginia. 
 Leroy M. Lee, D.D., Virginia. 
 
 D. S. Doggett, Richmond, Virginia. 
 J. E. Edwards, Richmond, Virginia. 
 
 James A. Duncan, D.D., Editor "Richmond Christian Ad- 
 vocate," Virginia. 
 
 Braxton Craven, D.D., President of Trinity College, North 
 Carolina. 
 
 Joseph Cross, D.D., Tennessee. 
 
 C. VV. Chalton, Editor of " EColston Journal," Knoxville, 
 TunuoBsee. 
 
 S. D. Huston, D.D., Editor of "Home Circle," Tennessee. 
 
 E. 11. Myers, D.D., Editor of "Southern Christian Advo- 
 
 cate." 
 
 METHODIST PROTESTANT. 
 
 W. A. Crocker, President of Virginia District. 
 R. B. Thompson, President of Lynchburg College, Vlr 
 ginia. 
 
 F. L. B. Shaver, President of Alabama District. 
 
 PROTESTANT EPISCOPAL. 
 
 Joshua Peterkin, D.D., Richmond, Virginia, 
 .lames A. Latane, Stauiitun, Virginia. 
 James Moore, Louisburj;-, North Carolina. 
 William N. Hawks, Columbus, Georgia. 
 K. J. Stewart, Alexandria. 
 
 PRESBYTERIAN. 
 
 Union Theological Seminary, Virginia, 
 
 Robert L. Dabney, D.D., Professor of Systematic Theology, 
 &c. 
 
 Benjamin M. Smith, D.D., Professor of Oriental and Biblical 
 Criticism. 
 
 Thomas E. Peck, Professor of Church History and Govern- 
 ment. 
 
 John iM. P. Atkinson, President of Hampden Sidney Col- 
 lege. Virginia. 
 
 William S. White, D.D., Lexington, Virginia. 
 
 Francis McFarland, D.D., near Staunton, Virginia. 
 
 T. V. Moore, D.D., Richmond. Virginia. 
 
 \Villiam Brown, D.D., Editor " Central Presbyterian," 
 Richmond, Virginia. 
 
 Theodoric Pryor, D.D., Petersburg, Virginia. 
 
 A. W. Miller, Petersburg, Virginia. 
 
 Drury Lacy, D.D., North Carolina. 
 
 Robert H. Morrison. D.D., North Carolina. 
 
 Daniel A. Petuuk, North Carolina. 
 
 John L. Kirkpatrick, D D., President Davidson College, 
 North Carolina. 
 
 Moses D. lIogH, D D., Second Presbyterian Church, Rich- 
 mond, Virginia. 
 
 Theological Seminary, Columbia, South Carolina. 
 
 A. W. Leland, D.D., Professor of Pastoral Theology. 
 George Howe, D.D , Prolessor of Biblical Literature. 
 
 John B. Adger, D D., Professor of Ecclesiastical Histo- 
 ry, &.C. 
 James Woodrow Perkins, Professor of Natural Science, &c. 
 
 B. M. Palmer, D.D.,Pastor of the Fu-st Presbyterian Church, 
 
 New Orleans. 
 
 Thomas Smythe, D.D., Charleston, South Carolina. 
 
 W. C. Dana, Charleston, So\ith Carolina. 
 
 Samuel K. Talmage, D.D., President of Oglethorpe Univer- 
 sity, Georgia. 
 
 John S. Wilson, D.D., Atlanta, Georgia. 
 
 Joseph R. Wilson, D.D., Augusta, Georgia. 
 
 Itobcrt B. White, D.D., Tuscaloosa, Alabama. 
 
 George II W. Petrie, D.D., Montgomery, Alabama. 
 
 .loseph Brown, Florida. 
 
 Archibald Bakor, Madison, Florida. 
 
APPENDIX. 
 
 521 
 
 rNITED STNOD. 
 Clinrlfs H. Read. D.D., RicJimond, Virginia. 
 A. Converse. D.D., KJitor of "Christian Observer," Rich- 
 
 moiKl. Virginia. 
 Tlionias W . llo i]ier, Richmond, Virginia. 
 P. B. Prico, Itichmond, Virginia. 
 Jacoli IJ. Mit' lic'll. D.D., Lvnchburg, Virginia. 
 Thoniiis D. lioll. Harris. 'nbnrsr, Virginia. 
 J. n.V. Lcarli, D.D.. Farmvillo, Virginia. 
 Mat. M. Marsliall, Tennessee. 
 J.iSc'Iih H >I irtiii, Knoxville, Tennessee. 
 Fiel. A. Ro>s, D IL. Iliintsvilb-, Alabama. 
 J. M. M'Leaii, Mobile. Alabama. 
 
 C. BI. Atkinson, Canton, Missij.sippi. 
 
 ASSOCIATE REFORMED. 
 
 J. C. Presslv, D.D , South Carolina. 
 R. C. Orirr. D.D., South Carolina. 
 
 E L. Patton, President of Erslvine College, South Carolina. 
 J. J. Bonner, Editor of the '• Due West Telescope," South 
 Carolina. 
 
 CUMBERLAND PIIESBTTEKIAN. 
 
 N. A. Davis, Texas. 
 
 lUTnEnAN. 
 
 D. F. Bittle, D.D., President of Roanoke College, Virginia. 
 
 GERMAN REFORMED. 
 
 J. C. Ilensell, Mt. Crawford, Virginia. 
 
 KOTES. 
 
 1. In publishing the foregoing Address, it is proper to 
 declare cxpliritly, that its origin was from no political 
 source wbatevcr, but from a conference of ministers of the 
 Gospel in the city of Riclimond. 
 
 The signatures are confined to this class because it was 
 believed that, (ju the points presented, the testimony of 
 men holding this office might be received with less preju- 
 dice than that of any other. These signatures might have 
 been indefinitely iucrea.sed. Only a limited number of 
 names — much les.s than at first intended — was solicited; 
 and as they are still corning in, some will probably lie 
 received too late for insertion. Those appended repn'sent 
 more or less fully every aeee-sible section of the Confede- 
 racy, and nearly every oeieiMiui.ition of Christians. They 
 are ample for the chief nhjeeis intended; namely, to bear 
 witness to the Christian world that the representations 
 here made concerning the public sentiment of the South 
 are true, and to carry a solemn protest against the contin- 
 uance of this fruitless and unrighteous war. 
 
 2. From tlio best sources of inibrmation it is ascertained 
 that the whole number of communicants in the Chiistian 
 churches in the Confederate States is about two millions 
 and fifty thousand. 
 
 Of these the number of white communicants is about 
 one 7ini:/onJi,re hundred andfifl;/ thousuml. Supposing the 
 total white" population to bo eight iniUionx, and one-half 
 that number to bo over eighteen years of age, a little more 
 than one-third of the adult population are members of the 
 Church of Christ. 
 
 The number of colored communicants is about Jtw hundred 
 thousand. Assuming the colored population to be four 
 millions, there would be, upon the same method of compu- 
 tation, one-fourth of the adult population in communion 
 with the Church of Christ. Thus has God ble.ssed us in 
 gathering into Ilis Church from the children of Africa 
 more than twice as many as are reported from all the 
 converts in tho Protestant Missions throughout the heathen 
 world. 
 
 In m.aking this summary of facts, I have 
 omitted meution of Senuons, Addresses, and 
 Letters ft om Bishops and other clergymen, as 
 chiefly of per;onal intcre t, and not indicative 
 of organized Church action. 
 
 The Military Authorities and the 
 
 Churches. 
 
 ORDERS OF THE SECRETARY OF 
 
 WAR. 
 
 METHODIST EPISCOPAL CHURCH. 
 
 November 30, 18G3 — Tlie fdlowing order in 
 relation to the use of al' houses of worship be- 
 longing to the Methodist Episcopal Church 
 South was issued and delivered to Bishop 
 Ames. 
 
 December 9, 1863 — The same ord-r was given 
 conceniing houses of worship of the same 
 
 denomination in the Department oT Virgini.-i 
 and North Carolina, and aelivered to Bishop O. 
 C. Baker, and those in the Department of the 
 South, and delivered to Bishop Edmund S. 
 Janes. 
 
 December 30, 1863 — The same order was 
 given concerning houses of worslrp of the 
 same denomination in the States of Ken'ucky 
 and Tennessee, and dedvered to Bishop M. 
 Simps 11. 
 
 War Department, Adjutant General'.s Offich, 
 
 W.vsuiNGTON. November 'M, 1863. 
 To the Generals commanding the Departments of the Mis- 
 souri, the Tennessee, and the Gulf, and all Geiierala and 
 oflicers commanding armies, detachments, and posts, 
 and all office- s iu the service of the United Slates in 
 the above mentioned Departments : 
 
 You are hereby directed to place at the dispnial of Rev. 
 Bishop Ames all houses of worship belonging to the .Meth- 
 odist Episcopal Church tonth in which a lOyal minister, 
 who Ijas been appointed by a loyal 13ishop of said church, 
 does not now officiate. 
 
 It is a matter of great importance to the Government, 
 in its efforts to restore traupiility to tho community a d 
 lieace to the nation, that Christian ministers should, liy e.\- 
 aniplo and precept, support and foster the loyal sentiment 
 of the people; 
 
 Bishop Ames enjoys the entire confidence of this De- 
 partment, and no doubt is entertained that all ministers 
 who may be appointed by him will be entirely loyal. Yoii 
 are expected to give him all the aid, countenance, and 
 sipport practicable in the execution of his important mis- 
 sion. 
 
 You are also authorized and directed to furnish Bishop 
 Ames and his clerk with transportat on and subsistence 
 when it can be done without prejudice to tho service, aud 
 will afford them conrtesy, assistance and protection. 
 By order of the Secretary of Mar : 
 
 E. D. TOWNSEND, 
 Assistant Adjutant General. 
 
 AMERICAN BAPTIST HOME MISSION SOCIETY. 
 
 War Department, Adjutant General's OrricR, 
 Wasuington, JuHunry 14, 1864. 
 To the Generals commanding tho Military Division of the 
 Mississippi, and the Departments of the Gulf, of tho 
 South, and of Virginia and Nortli Carolina, and all Gen- 
 erals and officers commanding armies, detachments, and 
 posts, and all officers iu the servii e of the United States 
 iu tho above inenlioiie.l deiKiriM' uts : 
 You are hereby dir.. ted i.. |il:e;e' at the disposal of tho 
 American Baptist Iloiue Mio,>iou .'Society all houses of wor- 
 ship belonging to the Baptist Church South in which a 
 loyal minister of said church does not now officiate. It is 
 a matter of great importance to the Government in its 
 efforts to restore tramiuility to tho coniniunitv. and p^ace 
 to the nation, that Christian iiiiiiisters siionld' by ex::Miido 
 and precept supjiort and foster the loyal sentiment of the 
 people. The Aiiieiieaii l!aii(i.-.t (loriie'Mi>-^ioii So,i.|y en- 
 joys tho entire con tideiice of this Deparliaeiit, and no .!on'it 
 is entertained tliat all luiuist.Ts who i.uy be appointed by 
 it will be entirely loyal. Yon are exi>ec"t, d to ^ive it ajl 
 the aid, countenance, and support pratticdile in the execu- 
 tion of its important mission. 
 
 You are also authorized and directed to furnish their 
 executive oCicer or agent and his clerk with transportation 
 and sub,-.istunce when it can bo done without i.rejndice to 
 the service, and will afford them courtesy, assistance and 
 protection. 
 By order of the Secretary of War : 
 
 E. D. TOWNSEND, 
 Assistant AujuLant General. 
 
 UNITED PRESBYTERIAN CHURCU. 
 
 W.4R Department, Adjutant General's OrriCK, 
 
 WasuingtON, February 15, 1S64. 
 To all Generals and officers commanding armies, detach- 
 ments, and posts, and all officers in the service of tho 
 United States, in the States of Mississippi, Arkansa.s, 
 Tennessee, Alabama, Georgia, Florida, and South and 
 North Carolina: 
 
 You are hereby directed to place at the disposal of tho 
 authorized Agent of the " Board of Home Missions of tho 
 United Presliyterian Church" all houses of worsliip be- 
 longing to tlie .Associate Reformed Prest)yterian ( huich, in 
 which a loyal minister who has been appoinli d by tho 
 Boai-d of Home Mistions of said chinch does not now ofli- 
 
622 
 
 APPENDIX. 
 
 ciate. It is a matter of grpat importance to flip Gov rn- 
 liioiit ill its cfforls to restore triinqiiiiity to lli^ ciiiiirniiiiily, 
 ami pi'aco to tlic n ;lioii. tU.it Christian niinisi.Ts slioiilil. hy 
 exaiiiplo aii'l precept support and foster tlir loyal scnlimciit 
 of the people. 'I'ho Hoard of Homo Mi-sions of the United 
 Preslivterian Cbiirrli enjoys the entire <-onnileiice of this 
 r),-p.utnient, and no douhtVs entertained that all inini.-ters 
 who may l^e appninted hy it will bo entirely loyal. You 
 are expeeli ■! tiiiiveitall the aid, countenance, and sup- 
 port prae!ir;,M<- in ihc execution of its important mission. 
 
 This aiitli.iiiiv is ilcsifrneil lo apply only to sueh States as 
 are by i he President's I'roclamation de.sij;nated as bein^ in 
 rebeliion, and is not designed to operate in loyal States, nor 
 in cases where loyal congregations in rebel States shall be 
 organized and worship upon the terms prescribed by tLe 
 President's Amnesty. 
 
 You are also authorized and directed to furnisli the au- 
 tliorized Agent of the Hoard if ilmae Missions of the United 
 Presbyterian Church, and liis clerk, with transport.ation 
 and subsistence when it can be done without prejudice to 
 the service, and will aC'ord them courtesy, assistance, and 
 protection. 
 
 By order of the Secretary of War: 
 
 E. D. TOWNSEND, 
 Assistant Adjutant General. 
 
 PRESBYTERIAN CHURCH, (o. S. AND N. S. ) 
 
 War Depamment, Adjutant General's Office, 
 Washington, March 10, 1S64. 
 To the Generals commanding the Military Division of the 
 Mississippi, and the Department of the Gulf, of the 
 South, and of Virginia and North Carolin:i, and all gen- 
 orals and officers commanding armies, detachments, and 
 posts, and all officers in the service of the United States, 
 in the above mentioned Departments: 
 The Board of Domestic Missions of the Presbyterian 
 Church and the Presbyterian Committee of ITouk! Missions 
 enjoy the entire confidence of this Df'p.nrtment. and no 
 doubt is entertained that all niinisters who may be appointed 
 by them will be entirely loyal. 
 
 You are expected to permit such ministers of the Gospel 
 bearing a commission of the "Board of Domestic. Missions" 
 or of the " Presbyterian Committee of Home Missions " of 
 the Presbyterian Church, as may convince you that their 
 commissions are genuine, to exercise the functions of tli<'ir 
 ofiice within your command, and to give them all the aid, 
 countenance, and support wliich may be jiracticable and in 
 your judgment proper in the execution of their importaLt 
 mission. 
 
 Assistant Adjutant General. 
 The above order was given at ihe Felicitation 
 of the Rev. Dr. Janeway, Mission llooms, 910 
 Arch street. Phi adelpLia, Pennsjivunia, and 
 of Pi.ev. Dr. Kendall, Presbyti ri;ui Fooms, 150 
 Nassau street. New York City, and copies sent 
 to eacli of the cominr\ndiDg officers of the IMil- 
 ilary Divi-ion of the Missi sii'pi, and the De 
 p Ttments of the Gulf, of the South, and of 
 Virginia and North Carolina * 
 
 UNITED BRETHREN IN CHRIST. 
 
 War Departsient, Adjutant Genehai.'s Office, 
 
 . Wasiiinoton, M<n-ch i3, 1864 
 To tbo Generals commanding the Military Division of the 
 Mississippi, the Departments of the Gull, of the South, 
 and of Virginia and North Carolina, and ali (J'lUTals and 
 officers commanding armies, detachments, and posts, and 
 all officersin the service of the United States in the above 
 mentioned Departments: 
 
 You are hereby directed to give to Teachers and Mission- 
 aries sent out by the "Church nf the United IJrpthien in 
 Christ," such privileges and facilities for their W(irk within 
 the limits of your command, as are usually given lo others 
 under similar circumstances and are not prejudicial to the 
 service. 
 By order of the Secretary of War : 
 
 E. D. TOWNSEND, 
 Assistant Adjutant General, 
 
 The above was delivered to Rev. D. K. Flick- 
 inger, of Dayton, Ohio. 
 
 EXPLANATORY ORDER.* 
 
 War Department, Adjutant General's Office, 
 
 WAsniNGTON, February 13, 1864. 
 Major-general Rosecrans, U. S. Volunteers, 
 
 Comdg. Department of the Missouri, St. Louis, Mo.: 
 Sir: I am directed by the Secretary of War to say that 
 the orders from the Department placing at the disposal of 
 the constituted Church authorities in the Northern States 
 houses of worship in other States, is designed to apply 
 only to such States as .are by the President's Proclamation 
 designated as being in rebellion and is not designed to 
 operate in loyal States, nor in cases where loyal congrega- 
 tions in rebel States shall be organized and worship upon 
 the terms prescribed by the President's Amnesty. 
 I am. Sir, very respectfully. 
 
 Your obedient serv.ant, 
 
 E. D. TOWNSEND, 
 Assistant Adjutant GenerdU 
 
 A ft.opy of the above was sent to Bi.hop 
 Ames. 
 
 ENFORCEMENT OF THESE ORDERS. 
 
 In pursuance of the above orders, Brigadier 
 General Veatch issued this order at Memphis: 
 Headquarters Department op Mi-mphis, 
 
 Vecrmber 23, 1863. 
 Rev. Bishop Ames : In obedience to the orders of the 
 
 * The Presbytery of Louisville, 0. S., at a bite nieotins:, 
 passi da series '.>f resolutions, proposed by Dr. S. it. Wilson, in 
 which the Presbytery enters a solemn protest against the 
 action of the Board of Domestic Missions, in procuring an 
 order from the Secretary of War, permitting ministers of 
 the gospel bearing a commission from the Board, to exer- 
 cise th"ir ministry within the military departnn nts in the 
 Southern States. The Presbytery further calls upcm the 
 G.-neral Assembly "at once to disavow the said act, that so 
 the Church may bo saved from the sin, reproach, and ruin 
 which this thing is calculated to bring upon her.' 
 
 The following is the dissent of one of tho members of the 
 Presbytery : 
 
 The undersigned respectfully dissents from the action of 
 Presbytery : 
 
 First — Because our commission is into all the woild, and 
 unto every creature ; and the o are some of them that we 
 know not how to reach without a pass. 
 
 Secondly — Because the framirs of our Confession of 
 Faith, both by word and by deed, recognized the powers 
 that be as " nursing fathers," bound '" to protect theChurch 
 of our common Lord;" and we think it no disgrace, accord- 
 ing to our ordination vows, still to adhere to this doctrine 
 of our fathers. 
 
 Thirdly — Because the Apostle Paul asked leave to preach 
 the gospel on various occasions, both of the civil and 
 military authorities; and we are by uo means convinced 
 
 that he was guilty of "illicit alliances," of "spiritual 
 whoredom," or that he was "demoralized" thereby. 
 
 Fourthly — Because that same great Apostle to the 
 Gentiles rejoiced that the gospel was preached, even 
 through envy and strife; and we have no infallible evidence 
 that he went contrary, either to "the word of God," or to 
 the " testimony of" any of " the lathers," except ciTtain 
 of the " sons of Issachar," who have recently risen up in 
 the Presbytery of Louisville, " to tell the people what 
 to do." 
 
 Fifthly— Because the General Assembly of " the Church 
 in the wilderness" asked leave of the Ammonites to pass 
 tlirmij;li their borders while journeying on ecclesiastical 
 business; and we have never heard of any Pn-sbytery 
 protesting against their action as nnconstitnti-'nal ; nor 
 have we ever heard of any individuals (-iljin'^ sncli right in 
 question, except Pliaroah and Si lion — both of them liardcued 
 nionarclis — who did it to their own destruction ; and the 
 Presbytery of Louisville, "all honorable men,' who, we 
 fear, have done it to their own injury. 
 
 By dissenting only from this action of Presbytery, the 
 undersigned does not wish to bo understood, by any means, 
 as endorsing every thing else that is now, or may hereafter 
 become wrong in this wicked worM of ours. 
 
 JAMES P. MCMILLAN. 
 
 * This explanatory order was issued on the application of 
 I.oyal Methodists of Missouri, for whom Rev. .lolin llogan 
 acted in bringing it to tho attention of the President. 
 This note to Mr. Uogan illustrates the Presideut's views : 
 
 "As you see within, the Secretary modifies his order so 
 as to exempt Mis.souri from it. Kentucky never was within 
 it; nor, as I learn from the Secretary, was it ever intended 
 for any more tlian a means of rallying the Slethodist 
 people in favor of the Union, in localities whi:re the rebel- 
 lion had disoiganized and scattered them. Even in that 
 view, I fear it is liable to some abu.ses, but it is not quito 
 easy to withdraw it entirely and at once. 
 
 " A. LINCOLN. 
 
 " Fcbruari/ 13, 1861." 
 
APPENDIX. 
 
 523 
 
 Secretary of War, dated Washington, November 30th, 
 1863, a copy of which is here attached, I place at ymir 
 disposal a '• house of worship " known as" Wesley Chap- 
 el," in the city of Memphis, State of Tennessee, the said 
 house being chiimed as the property of the Methodist 
 Episcopal Church South, and there being no loyiil niin 
 ister, appointed by a loyal Bishop, now officiating in said 
 house of worship. 
 
 I am, very respectfully, your ohediont servant, 
 
 JAMES C. VEATCU, 
 Brigadier General. 
 
 1864, March 23—1167. J. P. Newman, D. D., 
 
 Methndist Episcopal, delivered an address "u 
 
 New Orleans on an occasion described in the 
 
 subjoined report from the True Delia, of March 
 
 ^28: 
 
 REV. DR. XEWMAN's ADDRESS IN NEW ORLEANS. 
 [From the True Delta, March 2S.] 
 
 In accordance with the Government plan concerning the 
 churches of the South, the Board of Missions of the Metho- 
 dist Episcopal Church have seut the Rev. J. P. Newman, D. 
 D., to New Orleans, to take charge of all the churches of 
 that powerful denomination there. A very largo audience, 
 composed of some of the most influential citizens, assem 
 bled on the evening of the 23d inst., at the Carondelet 
 street Church, to extend to the reverend gentleman a cor- 
 dial welcome. 
 
 On being introduced by the chairman, Dr. Newman 
 said : ^ 
 
 Tliere were three reasons for sending a minister from New 
 York to New Orleans: 
 
 1. It was in harmony with the theory of labor as held by 
 the Methodist Church. There is no such Church as the 
 Methodist Church North. Ours is the Methodist Episcopal 
 Church. We are not sectional. We acknowledge no geo- 
 graphical limits less than the world itself Every minister 
 of our church may say with its founder, " The world is my 
 parish and Heaven is my home." [Applause.! In the sep- 
 aration cf 1844 our church relinquished no right to labor 
 in the South, but since has claimed, as before, and still 
 claims, to send her ministers to the equator and to the 
 polos, and all latitudes between. We reject tlie sentiment 
 that we are encroaching upon the rights of others. If the 
 theory that we are sectional be true, what right liave we to 
 send ministers to Europe, to ."-candiuavia, Bulgaria and 
 Constantinople ? This movement, then, is in strict harmo- 
 ny with on;- system of labor. 
 
 2. It is required by the present state of the country. 
 Thousand.s of our citizens have followed in the track of our 
 victorious armies, " to build thefdd waste-^, and raise up the 
 former desolations and repair the waste cities," and tho 
 church had been recreant to her trust had she not providB<l 
 them with the ministry of the Word. We have too long 
 trusted our Northern men who have taken up their resi- 
 dence South to the exclusive influence of Southern teach- 
 ing ; but that day is past, and the Chtirch now declares 
 that she will not trust these thousands of her sons and 
 daughters to— (the wordsof the speaker were here lost inn 
 Btorm of applause.) Whatcvertnoiiutains they may climb, 
 into whatever valleys they may descend, on whatever 
 plains they may spread themselves, or whatever seas they 
 may cross, she claims the right to follow them with her 
 ministers cf truth and peace. [Applause.] 
 
 3. This movement was justified by the present disorgan- 
 ized and destitute condition of the Southern churches. 
 Theii- former ministers hail eiflier fled or been silenced, or 
 imprisoned, or banished, and it Imd become the solemn du- 
 ty of the Mothei Church to seuil sliepherdstothesedeserted 
 and scattered flocks. A shepluid should never leave his 
 flock though all of Uncle Sam's guns were turned against 
 
 ^him [Aiijiliiuse.] 
 
 ' Toward tl. esr, her children, has the Mother Church been 
 '• nii.vril w itli riiiiipassion,'' sctiiig that they are as " sheep 
 withnii! ,; shi|ilici(l,''and by herdiieciiou 1 came as a min- 
 ister oi Christ ii. supply the consolation of religion to her 
 members. Whde 1 have mui-li lespect for balls and bayo 
 rets, my great hope for the salvation of the country is the | 
 Gospel I e.vpect to mingle wiih you in your prayer 
 meetings and by all ministerial and pastoral fidelity shall 
 try to hold up the Cross, to preach a gospel which is '" the 
 jKiwer ot th d unto .salvation to every one that believeth." 
 
 These are the reasons which influenced the .Missionary 
 Boaid to recommend to the Bishops to make this provision 
 loi the spiiilual wantsof this section of our ccnintry. 
 
 Hut we And ourselves met on the threshold by two em- 
 bai rassmeiits, ot which I have heard since my arrival in 
 New OrleanB : 
 
 I. Tlie (juestiou of properly confronts us. We are de- 
 U'Uncoil sa rhnn )i rolibers ; are char^-d w th having rob- 
 bed the people Of the South of their church property. 
 
 My "answer is ; The right of church property has never 
 been disturbed, as far as we are concerneil. 
 
 The General Government has seen tit to seize these 
 churches, but it has not convoyed their title to us. There 
 has lieeii no passing of deeds. We do not own an inch 
 either of this or any other rhuich in the South. The Sec- 
 retary of War wrote to the General (Miiinianding this De- 
 partment toplaceal thedisposal of ISisliMp Ames the Meth- 
 odist cliurches for the use of the Im;,! hhni-n-i ^. If there 
 has been aiiv rubbery Hie HC'iisaii^m 1;.-^ .il- om-! Ihe Gen- 
 eral Government. But theOener.il I ;..^ ei liiin-m has com- 
 mitted no robbery. It was aw.ire i hit t lie-e . Imi e|,es were 
 occupied (so far as they were occupied at all) \,y congrega- 
 tions united by disloyal s>nipatliies and by teachers dis- 
 posed to iiicnlcate trea.son It knew that if they wera 
 Ijlaced un'ler the care of the Methodist Chtirrh they would 
 lie I c<;up!eii by no ministers but would be loyal to tin- Gov- 
 ernmeot, and that tliey would bo likely to'gatlior around 
 them loyal bejirers. [Aiiplause.] So much then for prop- 
 erty, lie did not want to hear another woid about the 
 robbery of church property while he was in New Orleans. 
 2. Auolher embarrassmoiit :s the charge that the Meth- 
 odist Church is a political church, and, therefore, should 
 not bo tolerated in the South. 
 
 Let US aiialyzt! this charge. Does it mean that it is uni- 
 ted to the Stale lilce the Church of England? Have wo not 
 recently heard Wie disclaimer of our President, that ha 
 does not " run the chnrchus?" 
 
 D,)i!Sit moanih.it il is a political party? that its minis- 
 ters are stump onilois? that its class meetings, prayer 
 meetings, quarterly iiK'etiiigs, its annual and general con- 
 l'eniii( s ai e so niu.'di political machinery, worked for po- 
 lilu al or )iai iis.u! ends ? It will not be preteudiMl. Does 
 it uieuu that our church is loyal to the General Govern- 
 ment/' Il rhisbethe meaning, I shall admit the charge. 
 Wo hold and loach that loyalty is a religious duty, as truly 
 obligatory as prayer itself. The twenty third article of the 
 Discipline is equally binding on the clergy and the laity, and 
 couslitules us a confessedly loyal church. Nor is it optional 
 wilh Ihe minister whether he inculcates loyal sentiments 
 or not, for how shall a man be .saved unless he be loyal ? 
 
 Does it mean that wo are opposed to the doctrine of State 
 sovereignty , Secession and Rebellion ? I accept the defini- 
 tion. From the Sabbath-school scholar to the minister, 
 from the eshorter to the bishop, our whole membership 
 reiirobate these doctrines. 
 
 Does it mean that our ministers denounce political cor- 
 ruptions? I accept the definilion. If in this we go astray, 
 wogu astray with Moses, who confronted the greatest slave- 
 holder that ever lived ; with Paul, who reasoned before 
 Felix "of righteousness, temperance, and judgment to 
 coine ;" with John tho Baptist, who said to Hsrod Autipas, 
 " it is not lawlul for thee to have thy brother Philip's 
 wife ;" with I uther, who attacked with ihe sword of truth 
 the political abominations of Popery. 
 
 I liavo reproved sin in New York, and, God helping me, I 
 shad reprove it in your Crescent city. I hate cowardice, 
 uii'l a|)|)robate the oulspokea truthfulu.-ss of ihe inmisters 
 of the North; and on lidolity to the truth depends the sal- 
 vation of our country. It is a truth verified by all history, 
 as IS tile ('liiireh so is the Slate. With no war has the 
 I hiu ill been more identified than with the present. With 
 iliis war D" (lunch has been more identified than the 
 M.'iboilist Ciiiii i;h, both .North and South. 
 
 The .\l,'tho:.lisi Church South has given no reluctant ad- 
 hesion to the rebellion ; has, perhaps, been foremotiL, inter 
 2jar-:s prima, in the mad race of disunion. 
 
 The jMeihoiiisi Church has not been less unanimous and 
 zealous lu the defence of the Union. Her bishops, her min- 
 isters and her laity have nobly responded to the call of 
 their country in this the hour of her peril. The voice of 
 Simpson has been heard pleading eloquent. y tor ilie oiiity 
 of his country. Amcg, as patriotic as wise, "is i .>! li - lif- 
 ted to lend his aid to our unfortunate pn 'i, , );i i: h 
 
 ini'iid, and to give his sons to the army, .ii: - ii . : d 
 
 NO narrow u.dd for his iihilanthropic heari : i i : : of 
 
 iulelhgeut 
 
 It 
 
 ■as 11. 
 
 I- el that he was able to pre.sont those 
 
 VI- " '' : ! Ill re an audience so large, iulelli. 
 
 geiilaiid tlioiieiiiiiil. And now, in conclusion, what was 
 the object he had in view ? 
 
 The Board ol Missions, which had boon considoreil a con- 
 servative bodv, (a body of business men in a small room in 
 the city of New York.) had requested that auappropra- 
 tioii should be made lor the benefit of this work in Iho 
 South, and that it should be applied without distinction of 
 color. 
 
 Much had been said about equality. But he believed 
 that all men were equal in religjiies privileges, and ought 
 to be equal in law ; and he adnionisUed his audience liiat 
 
524 
 
 APPENDIX. 
 
 If tb9 Caucasian sbnuld reject Iho Gospel and refuse to fill 
 the churches, (casting his eyes toward the galleries, whirli 
 were filled with faces of a darker hue,) we turn to the sons 
 of Africa. [Applause.] 
 
 THE CHURCH QUESTION IN BALTI- 
 MORE. 
 
 THIRD SESSION, THIRTY-SEVENTH CONGRESS. 
 
 1863, March 3— Mr. May, of Maryland, 
 movpfl that the rules be suspended, to enable 
 him to submit the following : 
 
 Whereas, It is represented that Major General Schenck, 
 commanding the forces of the United Stati's stati.incd in 
 Baltimore, Maryhinil. has ordered, as a condition to lie an- 
 nexed to the worship of Almighty God by certain reli};ious 
 societies or congregations of the Methodist Chnreh of that 
 city, that the flag of the United States shall be conspicu- 
 ously displayed at the time and place of such worship; 
 and 
 
 Whereas, The said order is a plain violation of the in- 
 alienable right to worship God acmrding to the dictates of 
 every one's conscience, as it is asserted by the said congre- 
 gations, and also by our declarations of fundamental rights, 
 and secured by our State and Federal Constitutions ; and 
 
 Whereas, A minister of the said congregation, the reverend 
 John II. Paaliifli. hdviiitj, on Sunday, the 15th ullimo, 
 removed tin- said tl:iu' IVinii his uwn premises, which was 
 
 also the jilii I \\MT-lii[, ,,| ,,i|.- ,,r said congregations, 
 
 where tli" s,,i,| tlai; li;,il Infii pla. i-d surreptitiously by 
 some evil-niindL-d [icTson, and fur su doing was arrested by 
 order of the said General Schenck, and held as a pris- 
 oner: Therefore 
 
 Mesolved, That the Judiciary Committee be, and hereby 
 is, instructed to inquire into the allegations aforesaid, and 
 ascertain by what authority the said General Schenck 
 exercises a power to regulate or interfere with tlie privi- 
 leges of divine worship, and also to arrest and detain as a 
 prisoner the said minister of the Gospel, as aforesaid ; and 
 further, that the said Committee be instructed to report 
 upon the same at an early day. 
 
 Consent was not obtained, the Fubject being 
 undetermined when the Speaker adjourned the 
 House sirie die. 
 
 The facts in the case were as follow : 
 
 FIRST ORDER OF GENERAL SCHENCK. 
 
 Headquasteks MiciiLR Department, 8th Army Corps, 
 Office Provost Marsh.\l, 
 
 Baltimore, Feb. 9, 1863. 
 John McOeoch, Esq., Gen'l Sup'd't Assembly Rooms, 
 Cor. Hanover and Lombard St. : 
 Sir— I imderstand that considerable disgust is excited 
 in the mind of a class of persons who assemble at your 
 Booms, in consequence of the American Flag having been 
 displayed there. 
 
 You will hereafter cause constantly to bo displayed 
 in a conspicuous position at the head of the hall a large 
 size American Flag until further orders. 
 By order Major General Schenck: 
 
 WM. S. FISH, 
 Major and Proinst Marshal. 
 
 8BCUNO ORDLIt OF GENICRAL SCHENCK. 
 
 IlEADliUARTERS .MiDDI.E DEPARTMENT, 8tH ARMT CoRPS, 
 OFFlCt, PrOVOST»M VIISHAL, 
 
 Baltimore, Feb. 14, 1863. 
 Jonx M. Buck, Franl-lin Bank, R. H Miles, H.W.Brougii, 
 and others. Trustees < 'eiilral Mttliodist Church: 
 Gentlemen— 1 understand that rather than to worship 
 God under the shadow of the American Flag you have in 
 conse(iueuccMii tlifoiiUTloryou tuuisjilay in tlie huildingin 
 whicli yuii hold your services, oui' glorious flag, concluded 
 not to liold such worsliip at the place you have been 
 accusloinrd to havi- it and li.ivc ihosen .some oUierplace for 
 no othiM- purpose llian .vailiii},- this order. Therefore you 
 will uiid'T these , 1 1 uii,-t:ine,s eause to be consi>icuously 
 disjdayed iu the |ai!,ii laiiMiii^ or liuildin-s «iier(^ you 
 meet to-ni'irrow i ihe LMIn ilie American Hag. as in accord- 
 ance with iirst oiiler to Mr. McGeoch. I understand the 
 congregation of which you are the trustees are to meet in 
 diffeient places. The "regulation mentioned above will 
 have relei-cn( e to eacli place. 
 
 By order Major General Schenck: 
 
 M'M. S. FISH, 
 Mi^or and Frovost Marshal. 
 
 REPLY OF ONE OF THE TRUSTEES. 
 
 Baltimore, Wh Ftbmar!/, 1863. 
 Major General Schenck : 
 
 GENKRAt,— A communii^ation (withotit date) from ths 
 Provost Marshal, hy your order, addressed to myself and 
 others, as trustees of Central Methodist Church, was handed 
 nie at a late hour to day. 
 
 Some of the other gentlemen named being absent from 
 the city, I have deemed it my duty to reply individually. 
 The communication referred to sets forth that " I under- 
 stand that rather than to worship God under the shadow of 
 Ihe American flag you have in c^ousequence of the order 
 for you to display in the building in which you hold your 
 services, our glorious flag, com luded not to hold such 
 worship at the place you have been accustomed to have it, 
 and have chosen some other jdace, for the no otherpurpose 
 than evading this order. Therefore you will under thepe 
 circumstances, cause to be conspicuously displayed in the 
 pnlilic building or buildings, where yqu meet to-morrow 
 (tli<' I'jth) the American flag as in accordance with first 
 oidiT to Mr. McGeoch. I understand the congregation of 
 which you are the trustees arc to meet in two different places. 
 The regulation mentioned above will have reference to 
 each place." 
 
 I beg to assure you, general, that from whatever source 
 you may have derived your inlbrmation, it is erroneous. 
 The congregation worshipping at the Assembly Rooms 
 have been doing so for nearly r)ne year, and it may truth- 
 fully be said, a more respectable and well ordered congre- 
 gation has nowhere assembled. Discarding all political 
 associations, we have not only sought, but insisted, that 
 we would only have Ihe gospel preached unto us. With 
 great profit and religious comfort, we have thus conducted 
 our exercises for all the time referred to, and not one un- 
 pleasant circumstance, so for as we know, has ever occurred 
 to interrupt such harmony. On last Sabbath, (8th) when 
 the congregation assembled as usual, for the morning 
 service, it was found that two laige American flags were 
 displayed immediately over and in rear of the preacher's 
 stand. Of course so unusual an exhibition seemed strange, 
 and may have been objected to by a few, but the voluntary 
 explanations made by Mr. 5IcGeoch, in effect, that the late- 
 ness of the hour at which the room was vacated on Satur- 
 day night, prevented him from arranging it as he had 
 always heretofore done, was satisfactory; and especially so 
 to the great botly of tlie members. The congregation in 
 the morning was very large: indeed, the room was crowded, 
 and nothing was either said or done, so far, certainly, as 
 tlie members were concerned, calculated to give offence, or 
 in the smallest degree wound the feelings of the most sen- 
 sitive — iio indignity whatever, by look, or word, or gesture, 
 was offered to the American flag. 
 
 The congregation at night was about the usual average 
 night assembly. A few days thereafter the oflicial mem- 
 bers learned with deep regret, and no little surprise, that 
 the aiieiit ( Jlr. McGeoch) had received orders from you, that 
 the Aniiii-an tlag should always be displayed, as on laat 
 
 Sabbath 1 as it was imj ossiblo for the official members 
 
 to put any otlii r cuiistruction upon such orderthan adenial 
 to tlieni of tlie riglit to worship God according to the dic- 
 tates of their own consciences, and as such order was unu- 
 sual, different from what they had all their lives been ac- 
 customed to, and not made applicable to other religious 
 assemblies in this city, they felt impelled to vacate the As- 
 sembly Rooms. 
 
 Not, as you suppose, general, that they would not " wor- 
 ship God under the shadow of the American flag;" for this 
 a very large congregation, including most of our members, 
 had done on the previous Sabbath. But upon the ground, 
 and f,)r tlie reason, that they were denied the right to wor- 
 ship God, without the display of such ensign. 
 ' The undersigned begs lo be pardoned tor saying to so dis- 
 tinguished and so intelligent a gentleman as General 
 Schenck, that the inalienable right to worship God, accord- 
 ing to the dictates of every man's conscience, however^ 
 niiicli it mav have been interfered with in otiier countries, 
 has ever been accorded to all men in this land of liberty, as 
 indeed it ndglit well be toall the inhabitants living -'under 
 the best government the woild ever saw." 
 
 So sacred has this right been esteemed that nearly, if not 
 all the States of North America, have thrown around it the 
 protection of legislative enactments; and for the mainte- 
 nance of this great principle men have, in all ages, been 
 willing " to count not only their own lives dear unto them" 
 — have " taken joyfully the spoiling of their goods." 
 
 The difficulty, therefore, general, is not in the display 
 of the American flag, abstractly considered, but it is as to 
 whether this great principle of the free worship of God 
 sJiall be surrendered. 
 
 Intimately as.sociated with the congregation at the As- 
 sembly Rooms, we have two other appointments — one in Bid- 
 die street the other at Cliatsworth The latter has been a 
 Mission school and place of worship for two years, and !■ 
 
APPENDIX. 
 
 525 
 
 the private property of Charles J. Baker, merchant of this 
 city. The former is the private property of the Rev, John 
 Dashiell, who occupies it for the instruction of youth dur- 
 ing the week, and our association pays him rent for its 
 use on the Sabbath and fir week-night preaching. Wo 
 have used it now for nearly one year. General Schenck, 
 therefore, cannot fail to perceive that we h.ivy not, as tlio 
 communication from the Provost Marshal states, "cliosen 
 some other phirc, for the no other purpose than evatiing 
 this orilir'' — meaning of cour^e tlio order to displ.ty the 
 flag at the Asscmlily Rooms. 
 
 At both(irihi'si. :i|H)oiniiiiriits, largo and highly i'espect- 
 able congn'L'i'ii ~ - r ; ■!,,■ ,\-.v\ Sabbath to hoar the 
 Gospel, a Hidm i > i!i -> I,(h,| is also attached to 
 each, and lali 1,., 111^: il i .iluiiof the Gracious Spirit, 
 many have betii :i.i.i' .i i. i h- ( ImutIi. 
 
 The undersigned, t!i. Hi.. ir, in vi, w of all the circum- 
 er.inces, and with all ibiit i.-^i].-. t, which the position of 
 bffbh a distinguished gmtlunmn ,is OcniTal Schenck should 
 ever command, begs leave to say th:it In- (the undersigned) 
 has neither the right nor the inclination to order the Amer- 
 ican flag or any other ensign to be displayed at either of 
 the places referred to. 
 
 With very great respect, 
 
 JOHN M. BUCK, 
 
 Recording Steward. 
 
 CARD OP MR. DASHIELL. 
 
 "To prevent misrepresentation, it is deemed best to ex- 
 plain an incident that may be erroneously reported in the 
 morning papers. 
 
 "Yesterday morning a small American flag was found 
 nailed over the door of my school-building, 195 lliddlo 
 street, the large hall of which is rented for religious wor- 
 ship. I did not know by what hands or at what hour it 
 had been done. Lest it should, by the oddness of the 
 thing, attract around the door a crowd, and produce a dif- 
 ficulty, and because it was not done by constituted author- 
 ity, but surreptitiously in the night, and furthermore, be- 
 cause it was my will, as the owner of the property, that no 
 display of the kind should be made upon it, I removed it. 
 Who put it there, and what were the motives or wliero 
 was the policeman when it was done, I shall not now in- 
 quire. 
 
 "JOHN n. DASHIELL, 
 
 " 287 N. Howard Street. 
 
 "Monday Morning, F.'h. leth, 1863." 
 
 ACTION OF THE OFFICIAL MEMBERS. 
 
 At an adjourned meeting of the oflScial mem- 
 bers of the several congregations worslii ping 
 at Chatsworth, BiJdle street, and formerly at 
 the Neve Assembly Rooms, held on Tuesday 
 evening, February I7th, the following pre- 
 amble and resolutions were unanimously adopt- 
 ed:— 
 
 Whereas, the inalienable right to worship God according 
 to the dictates of every man's conscience has ever been ac- 
 corded til all the inhabitants of tliis country, and is so sa- 
 cred a privilege as not to be lightly esteemed or easily set 
 aside, and has been guaranteed by the legislative action of 
 nearly, if not quite all the States of this nation: and 
 whereas, the congregation lately worshipping at the New- 
 Assembly Rooms have enjoyed' this inejtima'ble privilege, 
 at said place, for nearly one year, with groat religious com- 
 tbrt and edification, and free from any interruption wliat- 
 ever; and whereas, s.n order has now is.-p.nl in.ni Mnjor- 
 Geueral Schenck, military command' r ol llii> district, di- 
 recting the American flag to be consl:iiiil\ ilisi.l;ivi-d ina 
 "conspicuous place in said building, ana hIulIi iii effect 
 pr.ibibits our worship without the dispbiy of such ensign; 
 and wliereas, such order is unusual, and not maile applica- 
 ble to other religious congregations of this city; and 
 nohtreas, no other construction can be placed upon such 
 order than a direct interference with thf gieat principle of 
 the free and untrammeled worship of Almighty God ; 
 therefore. 
 
 Resolved. That we respectfully but earnestly protest 
 against the right of Major-General Schi'nrk, or any other 
 military or civil officer, to interfere with or interrupt us 
 in our sacred and solemn duty of worshipping God. 
 
 Resolved, That by reason of such order and interference 
 we decline any longer to occupy the New Assembly Rooms. 
 
 Resolved, That these proceedings be signed by the chair- 
 man and secretary, and published in the city p.'ipers. 
 JOHN M. BUCK, C7i 
 
 William R. Earrv, Secreiary. 
 
 ARREST AND RELEASE OF MR. DASHIELL. 
 
 Mr. Diishiell was arrested, but released on 
 signing a parole, stated below : 
 
 llE.UXJUAKTERS MIDDLE DF.PAr.TMPNT. RtH ARMY C0BP8, 
 
 Office Provost Maksual, 
 
 Baltimore, February 17, 1S63. 
 Rev. John H. Dashixll : 
 
 Dear Sir — I enclose another parole, which I sincerely 
 hope you cannot take (>xceptions to sign ; and indeed I 
 cannot conceive how any citizen, or reasonable man, ;t-i I 
 have abundant evidence you are, can h<'si(atr Xn ]int bis 
 name to such a paper, no matter how iillia bis piivate 
 sentiments or views may be — wliich, as I assured you be- 
 fore, is none of my business. You said to me on Monday 
 morning that you thought it would have bei;-n hdier for 
 you first to have ascertained whether the flag in question 
 was placed in your building by authority or not before 
 taking the measures you did. And as to the remainder of 
 the parole (or the parole proper), I think your feelings are 
 exactly in consonance with what I ask you to give your 
 parole to do. If you conclude to sign the accompanying 
 parole, please do so, and send immediately back, and 1 will 
 endeavor to procure your return to your family this 
 evening. 
 
 I am, very respectfully. 
 
 Your most obedient, 
 
 WM. S. pisn, 
 
 Major and Prorost Marshal. 
 
 Headquarters Middle Department, 8 th Armt Corps, 
 Office Provost Marshal, 
 
 Baltimore, February 17, 1863. 
 I, John H. Dashiell, frankly admit that it was my duty 
 to have first inquired, or endeavored to learn from some 
 reliable source, whether the national flag which was dis- 
 played at the window of the building in Biddle street, 
 from which I took it on Sunday last, was placed tliere by 
 authority, before I proceeded to take it down on my own 
 responsibility; and I hereby give my parole of honor that 
 I will in "-very respect demean myself as a true, loyal, law- 
 abiding citizen of the United States should, neither doing 
 myself, or aiding, abetting, or countenancing any act of 
 others that is prejudicial to the good of my country, or the 
 honor of its flag. 
 
 JOHN 11. DASHIELL. [Seal.] 
 Witness — John K. Barbour, Cajit 9th Penua. Reserves, 
 Provost Marshal, Fort McHenry, Md. 
 
 correspondence between governor brad- 
 ford and the stbwauds of the church. 
 
 Headquarters Middle Department, 
 EiGHTn AiiMY CoKPa, 
 Baltimore, Md., March 28, 1863. 
 His Excellency A. W. Bradford, 
 
 Governor of Maryland : 
 Dear Sir— Certain parties here who took offence at th» 
 sight of the United States flag in their place of worship 
 have, I understand, addressed a letter to you complaining 
 of the orders issued from these headquarters in relation 
 thereto. 
 
 One of these parties addressed to me, and afterwards pub- 
 lished in the newspapers, a communication on the subject, 
 which I did not deem it necessary in any way to answer. 
 
 But if not incompatible with the public interest I shall 
 be glad to have you furnish me with a copy of your corre- 
 spondence on the subject, with leave to make it public, as I 
 think there might be corrected thereby some mistaken 
 views and opinions of my action in the matter. 
 1 am, very respectfully. 
 
 Your obedient servant, 
 
 ROBT. C. SCHENCK, 
 Major General Commanding. 
 
 State of Maryland, 
 
 Executive Dep.^rtment, 
 
 Annapolis, April 1, 1863. 
 Major General R. C. Si itenck, 
 
 CiimnuuKlin;] Middle Department : 
 Dear Sir— I have received yours of "iSth ultimo, in which, 
 referriii',' to a coi-res|Mindence bilelv bad between si.nie ecn- 
 
 1,(1 I 
 
 that conespondeucc, and to alliuv yon to make il puljlic, if 
 not incompatible with the public interest. 
 
 The correspondence referred to took place some weeks 
 since, and involving as it does an inputition u|)ou your 
 official conduct in this military department, you would seem 
 to be entitled to acojjy of it, as you request. I accordingly 
 inclose it, and as the subject has been already repeatedly 
 
526 
 
 PPEXDIX. 
 
 referred to thronsrh the presB. cm Fee no obfeotion to its 
 publication, especially if, us 3-011 sugsest, it may be Ht all 
 calculated to ccirrect any mistakeu views tliat may exist in 
 refereDce to your course. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 A. W. BRADFORD. 
 
 LETTER OF TRUSTEES TO THE GOVERNOR. 
 Baltimore, March .3, 1863. 
 To Uis Excellency A. W. BRAPFor.n, 
 
 Gnvrnor of Maryland : 
 
 Sir— The nndorsisned. Stewards "of the Central, Chats- 
 worth, aud Bidille Street Methodist Episcopal Churches in 
 this city, having, by an extraordinary order from Major 
 General Schcticl£,Military Commander for this district.been 
 deprived of tlie right and privilege of holding public wor- 
 ship, except upon conditions prescribed by military autlior- 
 ity, feel constrained to make application to j'our Excellency 
 for that relief and protection which is guaranteed to them 
 by the Constitution and laws of Maryland, and wliich we 
 are well persiiaded is entirely within the power of your 
 Excellency to afford. 
 
 In bringing to the notice of j'our Excellency a state- 
 ment of otir grievances, we beg your indulgence for the 
 reference we shall make to the commencement of our or- 
 ganization, it seeming to us to ))o essei.tial in order to a 
 correct understanding of tlio whole subject. T!ie General 
 Conference of the Methodist Epis;copal Church wliich met 
 at BuflTalo, New York, in May,lSCO, changed the Discipline 
 of our Church, and unconstitutionally hitroduced .1 new 
 dogma, or chapter, into the Discipline, very objectionable 
 to a number of the Annual Conferences, and especially so 
 to the Baltimore Conference ; by reas(jn of which a major- 
 ity of the ministers and laymen determined that they would 
 no longer hold afiBliation with, or be subject to the jurisdic- 
 tion of said General Conference. 
 
 1)1 furtherance of this a Laymen's Convention, numer- 
 ously attended by delegates fiom tlie various stations and 
 circuits within the bounds of the Eiltiniore and East Balti- 
 more Conferences, was held in the Eutaw Methodist Epis- 
 copal Church, in this city, in December, 1S60. The Hon. 
 J. Summerfield Berry was Chairman, and the Convention 
 adopted resolutions declaring they would not submit to the 
 new chapter, and in effect ignoring the jurisdiction of the 
 Buffalo General Conference. 
 
 Another Laymen's Convention, convened under a call 
 from the Presiding Elders and Lay Stewards, met at Staun- 
 ton, Virginia, in March, ISGl, (at the same time as the Bal- 
 timore Annual Conference,) and reaflirmed the position 
 ■which had been taken at the Baltimore Eutaw Convention 
 the preceding December, the most prominent sui)porters 
 at this second Convention being lion. J. Summerfield Berry 
 and the Hon. Hugh L. Bond. 
 
 The Baltimore Conference, then in session at Staunton, 
 received and acted tipon the memorial from the Laymen's 
 Convention — approved of, and agreed in sentiment with said 
 Laymen's Convention, and resolved, " That wo hereby de- 
 clare that the General Conference of the Methodist Episco- 
 pal Church held at Buffalo in May, ISOO, by its unconstitu- 
 tional action, has sundered the ecclesiastical relation which 
 has hitherto bomid us together as one Church, so far as any 
 act of theirs could do so. That we will not longer submit 
 to the jurisdiction of said General Conference, but hereby 
 declare ourselves separate and independent of it — still claim- 
 ing to be, notwithstanding, an integral part of the Metho- 
 dist Episcopal Church." This resolution Wiis passed by the 
 following vote: ayes 87, no 1, declining to vote 41. Soon 
 after the adjournment of the Baltimore Conference at Staun- 
 ton — in Marcli, ] b61— ;the unhappy civil war broku out, and 
 was in existence iu March, 1862, the time for the Baltimore 
 Conference to meet again. 
 
 Cut the great body of the ministers were in A'irginia, and 
 unable to reach tlie place (Baltimore city) of its sitting. 
 Most of the viinnrity, however, (that is, the forty-one de- 
 clining to vote.) were not so unfortunately situated, and 
 hence this iiiinirity, notwithstanding the action Iiad at 
 Stauntcm, Virginia, did meet in the Light Street Church, 
 under the jurisdiction of the General Coufen'ncc, and under 
 the Discipline of ISUO, with the now chapter therein. 
 
 It followed, therefore, as a matter of course, that a large 
 proportion of the memborsliip iu this city, and some of the 
 preachers, in every self-respect, and in consonance with 
 their doings at Staunton, were obliged to seek other places 
 of worship, and to organize the Church for mutual benefit, 
 until such time as the genuine, Baltimore Conference could 
 come together and take charge of tis. 
 
 In the declaration which w(; adopted at our outset, a copy 
 of which we inclose your Excellency, we distinctly and em- 
 phatical ly announced that we were influenced by " no polit- 
 ical consideration whatever." 
 
 It occurs to us, therefore, that your Excellency will thus 
 perceive that, as a Christian congregation, we were entitled 
 
 to the great and inestimable privilege of worshipping Ood 
 upon the same terms and conditions as all other religious 
 assoinbli^-s of this city aud Statp. 
 
 S.> believing, we seeurod in March, 1862, two placs for 
 public worship — the "New Assembly Rootns' and "Biddlo 
 Street." Chatsworth (another appointment) hid been a 
 preaching place, and under the Baltimore Conrcrence 
 since Slarch, I860, but joined our organization in March, 
 1SG2, for the reiison that they would not submit to the new 
 cli:ii)ter. 
 
 We come to say to your Excellency that since March, 
 18C2, up to the 15th February last, we have been conduct- 
 ing our public exercises to very large and highly respecta- 
 ble congregations, and free from any interruption what- 
 ever, aud, as wo fondly hopn, and sincerely believe, exert- 
 ing an influence creditable to society and' the peace and 
 welfare of this community. Nor did i't ever, for one mo- 
 ment, occur to us that, without any cause whatever, niiji- 
 tary authority would be exercised to forbid us tlie right to 
 worship our Maker. Wo were, however, disappoiii ted, and, 
 lamentable as it is for the age in which we live, such has 
 actually taken place. Wo ask the attention of your E.xcel- 
 loncy to a copy of the order from Major Fish, Provost Mar- 
 shal, to the agent of the New Assembly Rooms, and also to 
 the order to the Trustees of the t'entral M. E. Church, aud 
 to the reply of our Recording Steward, and action of the 
 official body, in which the subject is fully reviewed — al' 
 herewith inclosed. 
 
 We further beg to say to your Excellency that, being 
 obliged to vacate the New Assembly Rooms, we rented from 
 Mr. Edw.ard Kearney a large public hall (ilonumental 
 Hall) and advertised, as was our custom, that we would 
 have public preaching on Sunday, 22d of February, where- 
 upon another order, issued by direction of Major General 
 Schenck, a copy of which is herewith inclosed, arrested such 
 contemplated public worship. To this last order we most 
 respectfully ask a critical examination by your E.\cel- 
 lency. You will perceive that it is directed to Mr. Kear- 
 ney, the owner and proprietor of the Monumental Hall, 
 a large public hall, in which several nighis during the 
 week there are public gatlieriugs, parties, balls, soirees, Lc, 
 and yet this order to display the flag is only to be enforced 
 "on every occasion when this congregation meets in your 
 building."* 
 
 Sir, with the most distingtiished consideration for your 
 Excellency, we hold that it is not within the range of pos- 
 sibility that the Governor of Maryland can bring his mind 
 to any other conclusion than that a more direct interference 
 with the rights of public worship never was exercised in 
 any country, and that such interference is in violation of 
 the Bill of Rights of this State. 
 
 Coming, then, to your I'^xcellency, as we now do, soliciting 
 for our people that relief and protection which is guaran- 
 teed to us by the Constitution and laws of Maryland, we 
 cannot and will n it permit ourselves to doubt but that we 
 shall have your sympathy and the sought-for relief, so en- 
 tirely within your power to aftbrd. Our people are scat- 
 tered, our large and flourishing Sabbath school cannot 
 meet, and by consequence the children go without that re- 
 ligious Sabbath training so beneficial and so important to 
 the rising generation. 
 
 Pardon us, and we will ask of your Excellency what have 
 wo done that wo are not permitted to meet as the other re- 
 ligious congregations in this city ? 
 
 We appeal to this entire community to witness against 
 us whether we bo unworthy to enjoy the same riglits and 
 privileges as our fellow-citizens. 
 
 Finally, we say to your Excellency that as citizens of 
 Maryland, law-abiding and order-loving, we have rights in 
 comnion with our fellow-men. We ask for nothing more. 
 Is it right to grant, us less? 
 
 Will your E.xcellency consent that military authority 
 shall, in violation of law, overturn and set at naught tho 
 
 * The order is as follows : 
 
 UEADQUAnTEES MIDDLE DePAETMENT, StH ARMY CORPS, 
 
 Office Provost Marshal, 
 
 Baltimore, Feb. 21, 1863. 
 Mr. Kearney, Owner and rrnprielnr of Central (Momt- 
 mental) Hall, corner St. Paulas and Centre sreets, JSalti- 
 more City: 
 
 Sir : 'I'he congregation and clergyman which intend wor- 
 shipping at your hall to-morrow, Sunday, the 21st inst., 
 have left the New Assembly Rooms, where they formerly 
 held service, for tho purpose of evading the order in regard 
 to the display of National Flag. Therefore you are hereby 
 ordered to di-.play in aconspicuousjilaceat thehead of your 
 hall, during the entire day, to-morrow, the 22d, a large size 
 N ational Flag. This not only to-morrow, but on every occa- 
 sion when this congregation meets in your building. 
 By order Major General Schenck: 
 
 WM. S. FISH, 
 Major and I'rovost MarsluU 
 
APPENDIX. 
 
 527 
 
 dearest and most sacred right that any man can enjoy, that 
 of worshipping God? 
 
 Who is it, ^ir, in God's name, wlio is it, of human com- 
 position, that shall assume to hiaisi-U such high preroga- 
 tive? 
 
 Begging your Excellency to excuse lis for being tedious, 
 and again imidoring your aid in behalf of our afflicted con- 
 gregation, whom we are anxious to bring together again by 
 jjrocuriug a place for worship, 
 
 We are, with great respect. 
 
 Your Kxcoilencvs ob't servants, 
 JOHN jl. 15UCK. 
 
 ciiARLi'.s .1. i;aker, 
 JOHN w. i;rai-F, 
 
 J. H. URIXivLlA', 
 SAML. G. MJLi:S, 
 CllAHLLS TOW.<ON, 
 JOSI:;iMI P. SHIPLEY, 
 WM. R. BARRY, 
 LEONARD PASSAXO, 
 
 Steward.^ JJ. E. Church. 
 
 EEPLT OP GOVERXOB BRADFORD. 
 
 State or Maryland, 
 
 EXLCHTIVE DEPARTMrXT. 
 
 Annapolis, Mardi 10, 1863. 
 To Messrs. John M. Buck and others, 
 
 Stewards of Central it. E. Church, cCc. : 
 
 Gentlemex — Your letter of the 3d instant has been re- 
 ceived, and I avail mj-self of the first opportunity allowed 
 by other engagements to reply to it. 
 
 You comnience by saying that having been by an extra- 
 ordinary order ->i Major General Schenck deprived of the 
 right and privilege of holding public worehip, except upon 
 conditions prescribed l)y him, you feel constrained to make 
 application to me for that relief and protection which is 
 guaranteed by the Constitution and laws of Maryland, and 
 which you say you are well persuaded is entirely within 
 my power to afford. 
 
 1 have looked through your letter with some interest and 
 curiosity to ascertain, if I could, whdt is the particular re- 
 lief and protection which you have in view, and which I, 
 OS you think, have clearly the power to afford. But there 
 is nothing tijat indicates how or by what process you ex- 
 pect me to interfere to redress the grievance of which you 
 compl.tin. Under our system of government its various 
 co-ordinate departments are carefully separated and distin- 
 guished, and it is distinctly declared by our Constitution 
 that " no person exercising the functions of one of said 
 .departments shall assume or discharge the duties of any 
 other." Such being the case, it rai-ely, if ever, happens 
 that any personal wrong inflicted upon the citizen is, in 
 the first instance, a proper subject of complaint to the 
 Executive. That department of the Government is not 
 adapted to the investigation always necessary to be made 
 in determining the character and extent of all such wrongs. 
 This is a duty confided to the judicial tribunals, which can 
 ascertain the facts, apply the law, and provide the appro- 
 priate remedy. 
 
 If, there tore, you have been ^v^ongfully ousted from your 
 place of woi-.ship, or suffered any unlawful interruption in 
 yonr religious exercises, the courts of the State are obvi- 
 ously the only tribunals wiiere all the circumstances can be 
 properlj' investigated, and your legal and constitutional 
 rights lawfully determined. 
 
 This view of the case might, perhaps, relieve me of the 
 necessity of a further reply to your communication ; but us 
 it would seem that the same considerations could scarcely 
 have escaped your own notice, and as you have gone with 
 such p.articularity into the full history of your religious 
 association, and of the alleged outrage upon its rights, it 
 would seem that you may have expected that, if I could do 
 nothing more, I might express a sympathy in yoiu- com- 
 plaints, and utter some protest against the proceedings 
 which have led to tlicm. It is due. therefore, to yon, and 
 to myself, as well as to that fr;'iil;iHss I de>iie always to 
 observe in all cnnniiunications v.itli my fellow-citizens," that 
 I should take a more parlicular notice of the facts you have 
 brought til my attention. 
 
 In making your statement you say that you deem it os- 
 senlial t.i ;i proper understanding of the subject to recur 
 to the e.u ly histury '<( yniir separate organization. Hence 
 von advert to the prnceedipgs of the General Conference 
 of vour Cliurch at Bunalo. in Mav, ISGO, and to an obnox- 
 ious addition which that body made to the Discipline of 
 the Chnich, as the cause of yonr sepanite organization in 
 1SG2. Yoi, refer, also, tn the proceedings of the lay niem- 
 b.is of tlie Church, repudiating the new article of Disci- 
 plini — the .Mie in Italtimoie in December, 1860, and the 
 other at Staunton in March, 1861 — ami yoti quote the ac- 
 tion of the 1! iltimore Conference of Ministers, at the last 
 tucntioued date, as declaring that the action of the Gene- 
 
 ral Conference referred to " has sundered the ecclesiasti- 
 cal relation which has hitherio bound us together as one 
 Church." Whilst these proceedings may no doubt be a 
 matter of interest in j-our Church history, neither they 
 nor the action of the highly rQ.'spectablo gentlemen whoso 
 names you quole in connection therewith, have, as it ap- 
 pears to me, any material bearing upon the subject of your 
 comphiint. 
 
 I cannot, howev. r. t. ,1' mt -,ivi:i' tl:^t I Ihiik i' Is 
 
 in fellowship with ii.- :...::!:,. T ■ . M .. l;. ■ , , n :l , i o 
 
 years after the ad. ption . f ili,> l!ulf..l.. cliMpt. r, a.i.l niM.v 
 one year after the pruceedinRs of tlie two Conveiili.-n- {•> 
 which vou refer, and of the Conference of ISiJl, vmi >Ii..i:; 1 
 in March, 1862, for the first time Iimv pr:.rt,,nllv -.iwuk': d 
 your Church conn-'ctiun, and abau: . i :\. i i Inuur;.! 
 edifices and associations wh.'re v" i !. i I i . ii ly woi-- 
 
 shipped. I s.ay that I cannot but I' _i l-i din:;; t 
 
 such a time. Weweretln n i:t tii i,: , t . ; , • ; L-cnntiicr 
 of arms, brought upon i. ' - riine of 
 
 the right of secession. It \ , i i , , , j ■ .ngi-oss- 
 
 ing thoughts and ir.iport.iM ,i> ,i n i li i, ; n;. . . ;:M(te'; with 
 the stale iiroceedings of ]iu.-t ((.niennei-s un.l conventions, 
 and called for ;it least the temporary suspension of all re- 
 ligious disputes. 
 
 The question of ecclesiastical discipline in t'60 had been 
 .absorbed by that of a nati. nal r\i t i,. . i i 1' J It was 
 no longer a contest > ver i!; ■ ( h;;'. ,, _ \ n nt or one 
 denomin.-ition of Christ i. in-. Imi , ., terniino 
 
 whether our country itseli iio<<,..f i i i , , ri'unt that 
 deserved the name, or was to quii.tly acq'.iie-e in its own 
 dismemberment, and see State after State despoil it of its 
 property and defy its nnthority at the bidiling and for the 
 benefit of n^oi.-ii, r tnotoi-^ who d(><ivd '■• --vovn ihem. 
 Hundre.l-. V- - : . v' . i- !!:■ . ■ •■• -',_ ~ of your 
 
 Church .;)■;: 1., - I,,: I : ; n^- . . -;, , , ■ .. v.u-a with 
 you in pr..- -in. , . i , i t.i- l.i,;. r • I .;' . : i.i. now, that 
 tliewhol- asj.r, t oi ],u..iic aiiairs liail as-umco so threat- 
 ening a character, wiie m^cessarily prompted by every i>a- 
 triotic imhicement to discountenance all secessionaf dis- 
 plays in the Ih'-e of till' calamities Avhich political d'ciiii, /s, 
 apparently at least ot a Idndred kind, had already brought 
 vipou the nation. 
 
 With this passing remark upon the proceedings to which 
 you refer as preliminary to the secession of your congrega- 
 tion, I proceed to the ficts lonuected with the order of 
 General Schenck. which a on say has "set at naught the 
 dearest and most sacred right that any man can enjoy, that 
 of worshipping God." 
 
 This is, I agree with you, one of our most sacred rights, 
 and he who sets it at naught merits the severest censure. 
 But what are the facts, as I gather them from your com- 
 mvinication and the orders and correspondence accompany- 
 ing it? 
 
 It seems tiiat in 5Iarch, 1S62, when you abandoned your 
 former places of worship, you secured the " New A.s.^sembly 
 Rooms," where, from that time to the lOth of February 
 last, you continued your religious exercises " free from any 
 interruption whatever " 
 
 In your kit. r t.. General Schenck, of l-lth of Fehniary, 
 (a copy of \Mi . li \ ill - 11.1 me.) you say that wlien y . as- 
 sembled ;:- . I., 'iiiiiu service, on the pi e.-.-.liii ; 
 Sundav ii -. , . i I liiinv.) -it was found that two 
 hirgeAni.'ii n i: .. v, i .. .li-i.!aye.I immediately .ver an.l 
 in the rear of th.' i : . ;. Ih r\- >taii.l." It is to tliis display, 
 I presume, tliat tip. l'r..\o-t Marshal, in his first order, 
 refers. When ad.i.v-Mni. Mr. MrGeoeh, the agent of tlie 
 rooms, he says : '■ I luult r.-.taud that considerable disgust is 
 excited in tlie view of a class of persons who asseniMe at 
 your rooms, in consequence of the American fl.ig being 
 disidayed there," and then directs the said agent to cause 
 that tlag to be conspicuously displayed in the same place, 
 until further orders. 
 
 It was, tlieielbrc, the (Hsffust manifested by some of 
 your congregation at the flag which couironteil them on 
 the morning of the 8th of February that occasioned the 
 first order of the military authorities, directing its con- 
 tinuance there. It was not displayed on the morning of 
 the 8th in consequence of any military order, but, as I 
 understand to be conceded, was left there iuadvertenlly, 
 being one of many with which the room had been deco- 
 rated on the previous night, on the occ.isiou of some ball 
 or concert. 
 
 Hero the suggestion naturally arises, that whilst all 
 religious congregations are equally entitled to the same 
 privileges and protection, no matter where they may wor- 
 ship, yet anyone tliat selects as its sanctuary a public ball 
 anil concert room should hardly manifest itssurprise, much 
 less its disgust, at any flag that may occasionally adorn its 
 walls, anil more especially the flag of the country that 
 shelters it. 
 
 That such a disgust was exhibited by a portion at least 
 of your congregation seems to be an admitted fact. It is 
 
528 
 
 appendix; 
 
 expressly so stated, as we have seen, by Major Fish, in the 
 first order whicli lie issued, and although ho stiites it as 
 tlie very foundation of that order, yet tho statement is nut 
 denied either in the proceedings of the official nioinbers of 
 your Church, who met in con-otjueuce of said order, and 
 " declined any longer to occupy the New Assembly 
 Rooms," nor in your letter to General Schenck of 14th 
 February, whci'tin you in elfect admit the display of some 
 such feeling when you say that tlio exhibition of the flag 
 "may have been objected to by a few.' Hero, then, we 
 have the reason for tho first iuterfereuce of the military 
 authoi itic.'^ in ordering the display of the flag. It was not 
 because tho congregation had seceded from the Conference, 
 or because they entertained, as some have supposed, sym- 
 pathies with political Secession — for, although a siinilar 
 military authority has existed in your city ever since your 
 congregation was separati ly org;inized, you have more 
 than once .adverted to the fact that it has always hereto- 
 fore enjoyed its religious .services "free from any inter- 
 ruption wliatever." 
 
 It was tlie disgust publicly manifested by some of its 
 members at the sight of the national ensign, accidentally 
 left in the room where they assembled, that obliged the 
 authorities, charged especially with the duty of upholding 
 that flag in a w.ar now waged for its destruction, to notice, 
 in some appropriate way, the insult it had thus received. 
 And herein is the obvious answer to all the complaints of 
 an unfair discrimination against your particular congrega- 
 tion in making it alone the subject of the order in (juestion. 
 It would have been obviously uujiist and inappropriate to 
 pass any order embracing all religious assemblages merely 
 because of the conduct of one. 
 
 Is there anything in tho order itself which warrants the 
 construction you have put upon it as "setting at naught 
 the dearest and most sacred right that man can enjoy — that 
 of worshipping God ;" or as being " a direct intc^rference 
 with the right of public worship greater than which was 
 never exercised in any country?" How, I would most re- 
 spectfully ask, does it prohibit or interfere with your wor- 
 ship of the Almighty, under any creed, or according to any 
 form you may see fit to adui)t? Tliese are rights justly 
 precious everywhere in tho Kight of our people, and nowhere 
 more prized than here in Maryltmd. 
 
 But, in God's name,.i1oes tha sight of our country's 
 Btand.ird obstruct or impair tho enjoyment of such rights ? 
 How is it. let me ask, that tliey have lu'en so amply jiro- 
 vided for ? IIow is it tliiit here, above all the earth besideVi, 
 this reli;;ious liberty, this freedom of conscience and title to 
 equal protection, which you seem to think have been so 
 outraged by the presence of the American ensign, have all 
 been so carefully secured to us? How, but under the 
 auspices of tho free Government symbolized by that very 
 flag, and which those who have shared most abundantly in 
 its blessings are now treacherously striving to d(^stroy ? 
 
 If tho order for its displ.iy in the room where you as- 
 semble is an interference with the rights of conscience, and 
 a viol.'ition of tho Bill of Rii;hts securing to every man Ids 
 IK'Cuiiar religious faith without molestation, then by a 
 parity of reasoning to order the rcmotinJ of any other em- 
 lilein with wliieli you might choose to adorn your place of 
 nueting would be eijually obno-xious to thesamo objection. 
 Yen miglit. llicrelbre, hoist the rebel ensign to-morrow, and 
 defy th(! luililary authorities to pull it down, throwing 
 yourself iiiion your rights of conscience and the guaranties 
 of the Constitution. 
 
 I am aware tliat in your declaration, published simul- 
 taneously with your sei)aration from tho Conference, as 
 also in your letter to General Schenck, you dwelt with 
 some emphasis upon the determination of your congrega- 
 tion to exclude everything but the gospel; to repiidiato 
 " any interference with nnitters of State;" to meddle not 
 "with questions of a political nature," and to hold "no 
 connection with any ecclesiastical body that does." 
 
 So far as this evinces a pi:rpose to banish politics, in the 
 ordinary acceptation of that term, from the domain of tho 
 churdi — to exclude from tho pulpit all such topics as 
 usually divide political parties livingunder and recognizing 
 the same Government — no resolution could be more com- 
 mendable. And if this had been some party banner, used 
 merely to garnish some partisan platform, I could well un- 
 derstand the disgust it might excite. But I am unable, I 
 <:onless, to see liow tho two subjects or the two flags can be 
 so confounded ; and witli tho profoundest reverence for the 
 teachings of religion in its most evangelical form, I have 
 never been able to perceive how men of the purest religious 
 faith, and devoted with tho siucerest purpobO to the solemn 
 worship of God, can find, in such a purpose, anything in- 
 consistent with the most ardent love of their country; how 
 they can turn their back upon its Hag, or refuse to offer up 
 ft prayer in its behalf, and call such an exhibition, or such 
 offerings, politics I 
 
 Such wa.s not the faith nor the practice of our fiithers. 
 In our revolutionary times, when making our first struggle 
 
 for civil and religious freedom, patriotism and religion went 
 hand in hand together. The men of those days clung to 
 tlieir country witli an instinctive adoration, second only to 
 that whiih they rendered to God himself; and the minister 
 who Would have refused or hesitated to worship under tho 
 flag of the one, would not long have been tolerated at the 
 altars of the other. 
 
 Looking, theriifbre, to the conduct which provoked tho 
 first order of the military authorities, I can see no rea^soo 
 for the complaint that your congregation has been cause- 
 lessly made an exception to all others; whilst in the re- 
 quirements of the order itself there is certainly nothing 
 to authorize the assumption that it is an interference with 
 that constitutional provision which declares tliat no man, 
 on account of his religions persuasion, ought " to be mo- 
 lested in his person or estate." 
 
 I take occasion here to suggest that if the order could bo 
 by any one regarded as trencliing in any de2;ree upon that 
 religious liberty which it was the purpose of our Constitu- 
 tion to secure, there is nothing in that instrument which 
 makes that right so absolutely sacred and paramount as 
 the comments of yourselves, and occasionally of others^ 
 upon its inviolability, would lead us to suppose. On tho 
 contrary, the very clause which guarantees ttiis right uses 
 language which shows that those who framed it recognized 
 other and higher obligations. The language employed is: 
 " No person ought by any law to be molested in his person 
 or estate on account of his religious persuasion or profes- 
 sion, or for his religious practice, unless under color of re- 
 ligion any man shall disturb the good order, peace or safety 
 oj the State." 
 
 Here, then, as everywhere, and under all Governments, 
 is the supreme law to which all others are subordinate — 
 the public safety and the public peace. 
 
 1 beg that you will not tor a moment suppose that in 
 quoting the above proviso I mean to impute to you or your 
 congrtigation any design to do aught, under the color of re- 
 ligion, to disturl) the good order, peace or safety of tho 
 State. I have no such thought. But however unobjec- 
 tionable may h.ave been your purpose, gentlemen of your 
 intelligence must, on reflection, readily perceive that in 
 such times as these, and in a loyal community like ours, 
 with its sensibilities profoundly stirred by the sufferings 
 and sacrifices, the mourning and death, daily being endured 
 for that flag, and under it, nothing would be more likely to 
 provoke a breach of the peace than to witness any demon- 
 btration towards it savoring even of indignity or insult, and 
 its military guardians snflering it to pass without rebuke. 
 
 I regret, gentlemen, that for such reasons as you have 
 indicated, or indeed, for any reasons, the condition of 
 things to which you so feelingly reler should now exist in 
 your church ; that your " people are scattered," that your 
 "large and flourishing Sabbath school cannot meet," and 
 that your "children go without that religions Sabbath 
 training so beneficial and so important to tho rising gene- 
 ri'.tion.' But who is responsilile for this state of things? 
 Surely General Schenck has issued no interdict calculated 
 to scatter either your school or congregation. If when on 
 tho morning of the Sth of February some of your congre- 
 g.ation manifested their disgust at the sight of the flag, or, 
 as you have expressed it, "may have objected to it," and 
 upon their conduct, taken as the expression of tho congre- 
 gation. Major Fish predicated his first order; if yon, or the 
 otficial members of your society representing tho congre- 
 gation, had rebuked tho conduct of the few who manifested 
 this contempt, and had disclaimed all intentions to ofl'er 
 insult or offence to our Government or the flag that repre- 
 sents it, I feel authorized to say that the order you deem 
 so obnoxious would have been immeiliately revoked. 
 
 But instead of that, your official members, convened in 
 consequence of the order, after reciting its purport, resolve, 
 " That by reason of such order and interference, we decline 
 any longer to occupy the New Assembly Rooms," thereby 
 authorizing tho inference that instead of repudiating the 
 course of the few objecting members, you approved and 
 adopted it as a congregational right and determined to 
 abandon your church services and Sunday scliool at that 
 place as long as the flag was there displayed. 
 
 As a matter of course, after this official action, when you 
 selected another concert-room, the flag was ordered to fol- 
 low you. To have done otherwise would have been b\it to 
 suffer an easy evasion of the order and contempt of tho au- 
 thority that issued it. 
 
 Even now, I will venture to say, notwithstanding the 
 past action of your official members, if they will still re- 
 biike the exjiression of contempt referred to, and disclaim 
 all hostility to the Government or tho flag, your congrega- 
 tion and schools may again come together and enjoy all 
 the advantages they ever did. 
 
 If you reltise tliis, and will not tolerate the presence of 
 the flag, but, rather than either, choose to suffer your 
 people to bo scattered and your children to go without 
 religious instruction, au intelligent community, especially 
 
APPENDIX. 
 
 529 
 
 jealous of all its religious rlghtg, but still perfectly under- 
 standing tlic iiiincples on which thoy rest, will be able to 
 determine wliire lies the fault. 
 
 I am, very respectfully, 
 
 Your obedient seryant, 
 
 A. W. BRADFORD. 
 
 Baltimore, April 2d, 1803. 
 To his Excellency A. W. Bradpoed, 
 
 Governor of Maryland : 
 
 Sm: The regard due to the rights and interests of tlio 
 religious organization which wo represent impels us to call 
 your attention to the misunderstinding of the lacts and 
 principles embodied in our former communication, which 
 pervades your reply of March 10th. 
 
 And we are sure that the interest of the question in- 
 volved will be to your Excellency a sufficient apology for 
 this second intrusion upon your time. 
 
 We do not claim to be thproughly informed as to the 
 tichnical distinctions between the various departments nf 
 Government, and there may have been wanting in the 
 form of our address to you, as Governor of the Stati', tlic 
 full sense of the distinctive rights and functions of each. 
 
 We had no intention to disregard these, nor woii'd we, 
 by any word or act, induce any one department to trench 
 upon the prerogatives of the others. 
 
 But we did not suppose that the fiinctions of the Gov- 
 ernor were confined to any mere technical routine of per- 
 formance. We were rather accustomed to look to the 
 Governor as the guarditn of the rights and honor of the 
 State, sworn to see her Constitution and laws faithfully 
 observed and enforced, and prepared, at least, to use his 
 official influence to uphold and maintain the interests se- 
 cured by law to the very least of her citizens whenever 
 made cognizant of any assault thereupon. 
 
 The history of the past two years has quite satisfied tis of 
 the entire futility of any appeal to the judiciary, nor had 
 we any disposition to bring about collision between these 
 two. We preferred to employ means more congenial to 
 the spirit of our religion, and sure, as we still are, that 
 tUeotlicial influence of thoGovoinorof the State might be 
 used with effect to relieve us of the embarrassments and 
 disabilities under which we now labor as a Church. 
 
 In appealing to you to exercise that influence, wo natur- 
 ally endeavored to make it clear that we were not, in any 
 sense or to any extent, an otfending imrty; tli-it wi- hail 
 not brought ourselves under the oi)"r;'iinii .,t' thiit ciiialify- 
 ing clause of the Constitution to which y.iu irlrr, nanit-ly : 
 '■ Unless under color of religion, any man shall disturij the 
 good order, peace, and safety'of society." For this pur- 
 pose, we summed up the facts connected with the history 
 of our organization, which all show that williont the 
 smallest reference to any State or pnlitical jjiiiiciiilos or 
 measures, we were and are intent solely nimu maintain- 
 ing the truth and purity of Christian dmtiinrand jiractice. 
 
 We did not claim immunity from tin' jiains and penal- 
 ties attaching to crime against the State. AVe set up no 
 "higher law" beneath which we might find shelter from 
 the operation of the civil power. We were careful to sot 
 forth our recognition of, and obedience to, the "higher 
 powers," and thought ourselves entitled, in all righteous- 
 ness, to the protection in our worship guaranteed under 
 these powers. 
 
 Thus, sir, your own references, besides the entire spirit 
 of your communication, justify the recital of those facts 
 and show their "bearing upon the subject of our com- 
 plaint." 
 
 We regret to see the entire misconstruction of those facts 
 in your reply to our statement. 
 
 Referring to the action of our body, you say: " I think 
 it is greatly to be regretted that, con'tiiming, as you seem 
 to have done, in an unaltered membership of the Church, 
 and in fellowship with the Baltimore Conference for nearly 
 two years after tlie adoption of the BufJiilo chapter, and 
 fully one year after the proceedings of the two Conventions 
 to whicli you refer, and of the Contcnence of 1861, you should 
 in March, 1S62, for the first time, have practically sundered 
 yonr Churcli connection," &c. 
 
 Will your Excellency be pleased to revert to the acts in 
 the case? The jurisdiction of the Buffalo General Confer- 
 ence was thrown off by the large majority of the Baltimore 
 Conference inmiediately after the action referred to, or, more 
 properly, that jurisdiction was never admitted. Its disci- 
 pline was not received, that of 1S56 being adhered to, and the 
 membership by an overwhelming majority declaring their 
 resolve no longer to accept the leadership of the Church in 
 the -North in matters of faith or practice. 
 
 The voice of the people was heard in the Convention of 
 December, ISCO, the earliest practicable moment, and again 
 in March, 1861. In obedience to that voice and tliuir own 
 convictions, the session of the Baltimore Conference in 
 March, 1S61, being the first after the aforementioned action 
 of the General Conference, declared its absolute indt poud- 
 34 
 
 ence of the jurisdiction of the General Conference, and its 
 connection therewith dissolved. It was no prospective sep- 
 aration ; it w.as an act accomplished, and so announced in 
 the pastoral letter iifcerward issued by the authority of the 
 Baltimore Conference. 
 
 At the instance, and for the sake of the minority, cer- 
 tain additional resolutions were p.assed, whose design was 
 to prevent an immediate division in the Conference, and 
 to give the minority opportunity to appeal to the annual 
 conferences in the North for redress, they bting pledged, 
 in case of the failure of that appeal, to side with the ma- 
 jority. 
 
 Thus, sir, wo did not remain in " unaltered connection 
 with the Church" in the North. ^ 
 
 By the authoritative action of the Conference, we w?re 
 completely separated tlierefrom. We should otherwise have 
 abandoned our connection with the Baltimore Conference. 
 And it happened through the mere accident of the times 
 that we were driven from '■ the time-honored edifices" in 
 which we were wont to worship. The minority, taking ad- 
 vantage of the absenteof the majority, an absence entirely 
 unavoidable, declared themselves the Conference, and ex- 
 polled their absent brethren, without trial or hearing, from 
 their body. Of course, we, who adhered to the action of the 
 Conference of Staunton, both ministers and laymen, shared 
 the sanie fate. 
 
 Our present position, you may clearly see from all this, 
 sir, is not owing to any want of promptness in recognizing 
 and acting upon the principles which we now avow. That 
 principle has been embodied in the action of our Conference 
 ever smce the session of the General Conference of 1860. 
 We have had no connection with that body tincc the derisive 
 ikction of the Baltimore Conference in March, IStil, and ly 
 our fellowship with the Baltimore Conlerence we meant 
 then as we mean now — fellowship with the majority of tluit 
 boily ; for we cannot recognize the right of some thirty-five 
 or forty to declare more than twice their number to be no 
 longer members of that body — .a declaration beyond their 
 power to make in the presence of the majority. Instead of 
 measures so extreme, common courtesy should have sug- 
 gested to these niinifeters that which was proposed by tlTe 
 few ministers of the majority, in connettiou with the laity, 
 who happened to be within reach of the place appointed for 
 the session of the Conference in 1862, namely : some meas- 
 ures of comijromise liy which the question at issue might be 
 waived during tlieso times of trouble, and the unity of the 
 body preserved without committing any man to a final po- 
 sition. But we do not propose to judge those who differ 
 from lis. We only desire to show that wo assert merely a. 
 Christian principle, having no connection with any princi- 
 ple or matter of State, and that, recognizing the extreme 
 sensitiveness of the public mind, to which you make allu- 
 sion, wo exhausted all the means in our power to prevent 
 any division at that time, and only took our action when 
 wo were driven t..it l.y the r.l, ■ntless spirit of the minority, 
 will) by these unlVmsr: n riicanistauces acquired the power 
 in this section of our C'onllTcnce. 
 
 We deem it almost entirely needless to reply to the charges 
 alleged — if not in direct form, at least in the confusion of the 
 terms applied to these movements in your communication 
 — of endorsing and abetting the doctrine and practice of 
 political secession by our action. 
 
 We distinctly disavow any connection in theory or prac- 
 tice with that or any other political or State doctrine. We 
 simply affirm and have acted upon the right — never before 
 questioned in a civilized land — of withdraw'iug from any 
 religious organizatiiyi so soon as wo cease to put faith in its 
 doctrine or endorse its ecclesiastical principles. 
 
 We do not think it possible that you should now ques- 
 tion that right. Our faith as to the Government is embod- 
 ied in the twenty-lhird article of religion — the Raine re- 
 ceived by the whole JI. E. Cliurch North, and reads thus: 
 
 " Of the Rulers of the United States of America. 
 
 "The President, the Congress, tlie General Assemblies, 
 the Governors, and the Councils of State, as the delegates 
 of the people, are the rulers of the United States of Amer- 
 ica, according to the division of power made by the Con- 
 stitution of the United States, and by the Constitutions of 
 their respective States. 
 
 " And the said States are a sovereign and independent 
 nation, and ought not to be subject to any foreign jurisdic- 
 tion." 
 
 In a word, sir, we hold it to bo our supreme duty and 
 right as a Church to maintain and propagate all Christian 
 truth, and to oppose, by purity of life, and by the pure 
 preacliings of the gospel, all error in doctrine or practice. 
 
 And in so far its the State is concerned, we declare our- 
 selves " subject to tho higher powers," believing that " the 
 powers that be are ordained of God." And now, sir, bear 
 with us, while, in as few words as may be, we restate, in 
 entire conformity with all the foregoing principles uud 
 facts, the subject of our complaints. 
 
 It is not to the United States flag, abstractly considered, 
 
530 
 
 APPENDIX. 
 
 that we object. We live under that flag. We are provernod 
 by the Constitution and laws which that fla^ represents. 
 We honor it as the symbol of those great prinriiiles which 
 our fathers secured to us by sacrifices of whii h it is also 
 the memorial. We mourn, sir, that that honored emblem 
 bhould be tarnished by perversion to anj' uses at war witli 
 all the principles which it represents, and render to that 
 extent utterly Vidn all the sacrifices which it brings to 
 memory. 
 
 The order of Major Fish, grounded upon '"disgust" said 
 to have been excited by the displiy of the fla'j-, certainly 
 (we trust unintentionally) misrepresented our congrega- 
 tion. We said in our letter to General Sclienck of Febru- 
 ary |4th, that a few "may have objected" Dr^es tliat 
 nitan disgust ? They may have objected to it as inappro- 
 priate to the worsliip of God, a service in which wo lay 
 aside for the time the relations of earth, and give expres- 
 sion only to our sense of our relation to the IMost High. 
 Or they may have objected, because such display was in 
 violation of the contract with the janitor to remove all 
 worldly decorations. Or they may have objected, as we 
 do now, because they supposed it was done under an order 
 which singled us out from all the wor.'hippers of this land 
 to be put, as such, uuJer the control of tlie military 
 power, and forbidden to engage in such worship except 
 upon conditions and under circumstances ordained by that 
 power. 
 
 Nor ought we be held responsible for the " few" who 
 "may have objected," they not being members of our or- 
 ganization BO tixras we know. And wlicn, by the explana- 
 tion of the janitor of the building, it was made mauifett 
 that such was not the case, no word of conipUiint was 
 lieard. There was an hour of quiet worship, and then the 
 throng of worshippers quietly returned to their homes, 
 without one word or look of " disgust." This, too, was 
 the case at the evening service. 
 
 We dare aver that less dissatisfaction or more entire 
 respect for the flag could not nor would have been ex- 
 hibited by any other congregation in the city. Nor was 
 it " in consequence of the order" that our offici:;! body w;u> 
 convened on Tuesday night following : that was tbe regu- 
 lar weekly meeting of the body. And there — not by way 
 of endorsing that " disgust" to which Mnjor Fish's order, 
 at that meeting first received, referred, for we knew then 
 and know now of no such expressions of feeling; but 
 solely because we held the simple worship of ( od t o pure 
 and sacred a thing to be brought under the dictation and 
 control of any liuman power, so long as nothing therein 
 conflicted with the good order, peace, and safety of the 
 State — we declined any longer occupying the Now As- 
 sembly Booms. 
 
 Pardon us, sir, for insisting that the maintenance of this 
 principle is essential to the very life of the Church of Christ. 
 If we abandon it we lay open Wie Church to the whole tide 
 of earthly influencej, and all hope of accomplishing the 
 mission of Chrisiianity is lost. 
 
 From this your Excellency can see how entirely inajjpli- 
 cable is the very strange argument by which you would 
 make it appear that we, " by throwing ourselves upon our 
 rights of coaicieuce and the guaranties of the Constitution, 
 might hoist the rebel ensign and defy the authorities to pull 
 it down." The guaranties of the Constitution, aj you your- 
 self show, and wo admit, do not extend to the protection of 
 any parties acting against the good order, peace and safety 
 of society. We claim no lights of conscience beyond the 
 limitations of theConstitution. To hoist an earthly ensign, 
 more particularly one which to display is in direct violation 
 of one of the laws of the State, and would so manifestly dis- 
 turb the public peace, would sap the very life principle of 
 our organization. No such inference as that, sir, can bo 
 drawn from this proceeding. 
 
 But we may infer that if JIajor General Schenck has the 
 right to prescribe the terms under which alone wo may 
 worship God, then by parity of reasoning he may do the 
 same for every other congregation in this city. He may 
 suppress the Liturgy of the I'rotestant Kpiscopal Church, 
 and take away the insignia of the Roman Catholic service. 
 Uo may even go further, and upon the ground that there 
 are some In each congreg.-ition unfriendly to the Adminis- 
 tration, he may forbid entirely assemblages for worship. 
 
 Your Excellency, occupying a position of such inlluence 
 and responsibility, should, above all others, consider to 
 what these things tend. The parties may be few aud the 
 interests small concerned in this case, 
 
 " But the evil leaven will spread," 
 and the time may come when it will bo wished that occa- 
 sion had been taken to stay this baneful principle while 
 in its incipiency, its first birth, in this land. These inalien- 
 able rights of relation between God and man may yet be 
 preserved in their integrity. 
 
 But, if this time pass and this cause be not sustained, the 
 efforts and endurance of a generation will hardly suffice to 
 restore to us our birthright of religious liberty. 
 
 For these reasons, and upon these grounds, we call upon 
 your Uxoellency to exei t your influence not only in our 
 beliair, but in support of a great principle of our Govern- 
 ment and of our common Christianity. 
 
 The community has decided upon this case and with great 
 unanimily has condemned this infraction of religious right 
 and privilege. 
 
 By endeavoring to do away with this evil you will but 
 respond to the sentiment of this city and State, and of ev- 
 ery community to which the whole facts are linown. 
 
 If we tail to secure our lights, then we must suffer. 
 We can only make our appeal lo the Most High, the Great 
 Head of the Church. 
 Very respectfully, your Excellency's obedient servants, 
 JOHN "M. LUCK, 
 CHARLIES J. BAKEE, 
 JOHN W. BIIUFF, 
 J. B. BEINiiLEV, 
 S.G. MILES, 
 CHAIILES TOWSON, 
 JOS. P. SHIPLEY, 
 WM. R. BARKY. 
 
 Stewards M. E. diurch. 
 Leonard Passano, being absent from the city, could not 
 sign it. 
 
 State of Maryland, Executive Department, 
 April 9, 1863. 
 To John M. Buck, Esq., and others, 
 
 Siewarda, dc : 
 
 Gentlemen: I received, upon the 6th instant, your letter 
 of the 2d, written, as you say, to call my attention to " the 
 misunderstanding of the facts and principles"' embodied in 
 your former communication, and pervading my reply 
 thereto of 10th March last. 
 
 Whatever may bo my misunderstanding of the princi- 
 /)?*• assumed in your former coramuiiication, it is not likely 
 that anything I can add to what I have already said will 
 tend to reconcile the different views we respectively take 
 of the subject; nor have I the time to devote to such 
 furtlier discussions. I cannot perceive, however, wherein 
 I have so misunderstood the facts of the case. You de- 
 vote about one-half of your last letter to showing that when 
 I said tliat " in March, 1862, you for the first lime practi- 
 cally sundcTcd your Church connection and abandoned 
 the time-honored edifices,"' &c., I misapprehended the facts, 
 and, to prove it, you recur again with great particularity to 
 the proceedings of the Confeiences rmX Conventions of 
 1S61. But, tliougli these liMve, as I before remarked, but 
 little bearing on the subject, they were all fully recited in 
 your former letter, and were repeated and quoted by me 
 in my reply. And whilst allowing iiU that can be claimed 
 for them, still I maintain that in making the declaration 
 above quoted I stated the case strictly as it was. 
 
 The question was not what the Baltimore Conference of 
 18G1 or the Laymen's Convention of ISCO had done or de- 
 clared, but what was the origin and action of your par- 
 ticular congregation, and, if I am correctly informed, j-oii 
 never did until March, 1862, do any act or institute any 
 proceeding to set on foot any separate coiigrcgitional 
 organization, but up to that time occupied the same 
 churches, recognized the same appointments, listened to 
 the same ministers, and were governed in all respects by 
 the same laws and ordinances with all the other members 
 of the Methodist Episcopal Church in the cityot Balti- 
 more. If this was the case, I certainly did not misappre- 
 hend the facts as I intended to state them when I said that 
 you then, "for the first time, ijractically sundered your 
 Church connections." 
 
 In referring to that part of my reply wherein I call yonr 
 attention to the functions respectively pertaining to the 
 different departments of the Government, and to llio fact 
 that such complaints as yours should conic prdiicrly before 
 the judicial tribuiiMls, you say, " thehistcry nl' llir jmst two 
 years has quite satisfied us of the entire futility i>f ;inv r.p- 
 peal to the judiciary." And referring to the view you had 
 been accustomed to take of the office of the Governor, as 
 "the guardian of the rights and honor of the State,' &c., 
 evidently still assume that the case of your complaint was 
 one that called for his interference or influence. 
 
 I do not understand how or why it is tliat you have such 
 little faith in anyappeal to the judiciary ; it certainly does 
 not accord with the views taken by other citizens who have 
 thought themselves aggrieved by the action of military of- 
 ficers, and have, if I ain rightly informed, instituted quite 
 a number of appeals to that department on such account. 
 As it regards your opinion of what ouirht to be the course 
 of the Executive in interposing an influence ngainstsuch 
 aggressions, it may not bo amiss to refer you to the exam- 
 ple of other Governors. It is possible that the particular 
 one I have in view, might with some have more weight 
 than any argument I could offer. 
 
 On the 4th of March last, the d.ay after the date of your 
 
APPENDIX. 
 
 531 
 
 fir^it l(>ttov to me, =01110 gentlemen of Virginia, mill owners 
 iiiMi- till' citv lit Kichmond, addressed to the Giiveruor of 
 tliat ;U;itc a communication very similar iu its apparent ob- 
 ject to_vonr own. 
 
 'I'luv state to Iiim that on the preceding day "the Com- 
 missary lientral of the Confederate States of Amoiica' had 
 impressed all their flour in the mill, wliich cost tliem "con- 
 sideraMv more than the price fixed by the (iovernment." 
 Thcv (urtli'T '^tat^-' that llie Covernment had ii-tified thera 
 that "it will t'l.rciMy tak.- iHKscs^iou of tli.' l.-jitiiuatc pro- 
 diuts of our mills, for which \vc pay, iiml.T tlu^ protection 
 of the State of Virginia, heavy taxes, and also a special cor- 
 poration tax." and they appeal to the Governor in tliese 
 words: " AVc lay our grievances before you, and call upon 
 you to protect us from the open and flagrant violation of 
 our rights, and ask that an armed force may be furnished 
 us to prevent our propei ty from being carried off vi ct armis 
 not only at less than cost, but far less than its market 
 value." 
 
 Here would seem to be, indeed, an open and flagrant vio- 
 lation of private rights that needed no straining to make it 
 paljiable. It was no technical or constructive wron:.i that 
 required long arguments to elucidate, but a direct and 
 most ofleiisive iuviision of the rights of property is obvious 
 to every one. 
 
 Now let me call your attention to Governor Letcher's re- 
 sponse to this appeal. It is contained in ten lines, and I 
 give the pith and words of it : 
 
 " I regard the act of which you complain as oppressive 
 and committed without lawful authority. The only remedy 
 I know of is the institution of suits for damages against the 
 officers committing tliese acts." 
 
 Whether '■ the history of the past two years"' has or has 
 not served to show that an appeal to the A'irginia judiciary 
 is less futile than to ours, is a question tlr't you can as 
 readily determine as I ; but little as I am di-["'si.,l to joi.k 
 to such places for precedents, yet consideriim th^' [mm ulinr 
 views of that Commonwealth and the pariinilir pii.l.- it 
 has heretofore taken in maintaining States ri-lils a,i;aiiist 
 imaginary Federal encroachments — to say id hiiiu "f tin' 
 conrideucc- Willi which we have been advised tolilinwiii 
 its lead— when the Governor of such a ^^tatc. in re;, rcuce 
 to such an outrage committed by ■' the Coutcdciate Gov- 
 ernment," and, as he admits, without antliority, " knows 
 no other remedy" than suits .against the ofliccr committing 
 it, I think the Governor of viaryland, sworn tlious;h he 
 may be ■• to see her Constitution and laws faitlifnlly ob- 
 served and enforced," may be excused for referring you to 
 similar tribunals, and from using his ollicial iiilluence to 
 removii the National Flag from your meetinghouse. 
 
 I am glad to liear you say th.at yon still reverence that 
 flag a.s you do — that you "honor it as the symbol of those 
 great principles which our fathers secured to us." Under 
 the inlluence of such feelings I may still liojie to hear 
 yon. as I suggested in my last letter, rebuke those who 
 insulted it, and disavow all hostility to it or the Govern- 
 ment it represents. 
 
 It is painful to remember how that "honored emblem" 
 has been desecrated within the last two years by Southern 
 mobs, as they dragged it at their horses' heels or trampled 
 it under foot; but whilst the remembrance of these pro- 
 ceedings renders it all the more incumbent upon us to 
 promptly screen it from even implied dishonor, lean hardly 
 liope that these are the occurrences to which you refer 
 when vou say you mourn over the perversions wliich have 
 tarnished it. 
 
 Ill endeavoring to show, as you do in your last letter, 
 that there was no such expression of disgust on the part 
 of any of your congregation as was imputed to them by 
 Major Fish, you will pardon me for saying that I tliink yon 
 have hardly met the <iuestion with that frankness to be 
 expected of you. You say " they may have objected to it 
 as inappropriate to the worship of God, a service in which 
 we lay aside, for the time, the relations of earth," &c., " or 
 they may have objected to it because such display was in 
 violation of the contract with the janitor to remove all 
 worldly decoiations." Now, let nie ask you, as truthful 
 and candid men, ilo you believe that they did object on any 
 such grounds? Was it really, in your opinion, their pure 
 and spiritual ideas of the proper aclornments or appearance 
 of the sanctuary that gave rise to their cpbjections ? 
 
 A portrait or a fancy painting, a kettle drum or a bass 
 viol, are each and all of them about as much of a " worMly 
 decoration," and have quite as mvich "relation to earth" 
 and as little "relation to the Most High," as the American 
 ensign, but do you really think that if the janitor had by 
 chance left in view any Si\icli appliances of the assembly of 
 the previous nigl-.t that the men wholeft the room or refused 
 to enter it whilst the flag wr.s there would have manifested 
 the same holy horror rd' such worldly mementoes, and re- 
 fused to worship until they were removed? If such is 
 your opinion, you are of course right in suggesting the 
 possible explanations you do. 
 
 £(iually imaginative,as it seems to me, are the monstrous 
 
 evils you predict as likely to result from the unhallowed 
 proceedings of txeiieral Soheiick, and by reason of which 
 you tell us that "the elloi ts and endurance of a generation 
 will hardly siilllce to re-io-e to us onr liirthiight of reli- 
 gious liberty." 11 ih- :i'iii t ii;i . - ;i ! I « r.iiiceive how 
 
 tho most exiili' ; : . i : . . 1 . ;, , - ti.iind-wo k, 
 conjure up so a I : 1 . '. ,: i ihct th.aigh 
 the General li 1 , 1 i lie ■, ,1 ; . ,.! i i.e Assembly 
 Rooms wMl; : \ ;, . n. that would lead us to ex- 
 pect lii; , I ■ ! suppress the liturgy of the 
 
 Protest;! : ; :' n and take away the insignia 
 
 of the 1; ,e- . ,I,,ol,.- -,.,M..e.- 
 
 That you slioulil dwell, as you do, upon such unfounded 
 and fancilul evils, and regard them witiisuchengrossingand 
 ominous forebodings in times like these, when the whole 
 nation is groaning under the calamities which this un- 
 righteous Tcbellioii has brought upon us, is not among tho 
 least remarkable wonders which "the history of the past 
 two years" has developed. 
 
 Fortunate, indeed, may you and your congregation be con- 
 sidered if this war imposes on them no burthen more seri- 
 ous than the one of which j-ou complain, and tliat whilst 
 "intent sold;/ upon maintaining the truth and purity of 
 Christian doctrine" yia encounter no other interruption of 
 that religions enjoyment, than the necessity of turning 
 ycair eyes upon that llag,an<l witnessing the efibrts of those 
 intent upon maintaining its supremacy, and the truth and 
 purity and very existence of all popular institutions. 
 Very respectfully your obedient servant, 
 
 A. W. BRADFORD. 
 The printing of these comnuinications from 
 the Baltimore American appears to be necessary 
 to a lull statement of the case : 
 
 THE METHODIST EPISCOP.^L CHURCH AND THE DISLOTAL SEPA- 
 RATORS. 
 
 To the Editors of the AmeHcan: 
 
 The editor of the New York Journal of Commerce in a 
 recent iiunilH-r of that paper preficcs a narrative of certain 
 iveiii, in i.altimore with the following remarks : 
 
 •■Th;; IJvLTiMor.E Oudrcu Cas;:.— Such cases as that of 
 the arrest of the Kev. Sir. Dashiell, and the trouble in the 
 Methodist Churches in Baltimore, are deeply to be regret- 
 ted. They ought not to occur, and there is no need that 
 they should occur In every instance they weaken the 
 h(dd of tlie Administration on the people, aiid shake confi- 
 dence among the more quiet and non-demonstralive portion 
 
 "Itapi.ears that the division of the Methodist Church 
 into Nonh ami ,'^onih. which took place some time ago, 
 •and the a^lnptiiii l.y tiie Church North of a si)ecial dogma 
 on the si.liject ot slavchohling. resulted in the establish- 
 ment ot twoor three Methodist churches in Baltimore who 
 were unwilling to accept the new ilems intio hiceil into the 
 creed. We do not profess to un.lri -taml t!ie diffeiences, 
 but the simple fact is that these .Metliodists in Baltimore 
 issued a statement that they couhl not -conscientiously 
 submit to the jurisdiction of the Bnlialo General Confer- 
 ence, nor become members of the church under the New 
 Discipline of InCO.' It matters very little what the points 
 were. In a ■\'. ■■-{:. nx of religious worship, we suppose all 
 Anieii:.i,| : ,. : ee thatthese people were free to follow 
 their i ■ 1 n tlieir consciences did not impel them 
 
 to a\i>!i;i II Ml law. There is a Chinese teniide in full 
 
 where ill this country according to their relip;ioiis notions. 
 There has, however, been a persecuting spirit among some 
 of the Baltimore people against these worshippers of tho 
 Methoiiist persuasion. If they were a congregation of Re- 
 bels, which they are not, they ought not to be disturbed hi 
 the peaceful worship of God, so long jis their worship waa 
 not treason. But some one wanted to get up a row. On 
 Saturday night, in the dark, some one nailed a smallcotton 
 handkerchief Hag over the door of one of their churclies or 
 places of worship. It was the notice, and doubtless in- 
 tended to lie the notice, of the collection of a crowd, and 
 the distnibance of tlii'ir niornim,' service. What ensued in 
 thus stated by Kev. .Mr. Dashiell, who is a highly esteemed 
 Methodist clergyman, and not at all liable to the charge of 
 being a 'Secessionist.'"— [Iba-e t,,l|..ws a history of the af- 
 fair, with which the pnbbc is laniih,.r.J 
 
 The history of tlie times deinaiel> an impartial and truth- 
 ful statement concerning tin' relation id' the Methodist 
 Episcopal Church of this city with relcri'iice to the separa- 
 tion of a umnlier ol its memiieis IVom the jurisdictionof its 
 acknowledged i;i>hops and Conference, and the formation 
 of the separatists into what they denominate the "Central 
 M. K. Church " This Church, so called, which isccmposed 
 of three distinct congi-egations. is presided over by several 
 ministers formerly connected with tho Baltimore Annual 
 Conference. 
 
 Tho General Conference which met at Buffalo in 1860 in- 
 troduced into the Discipline of the Church a new chapter 
 
632 
 
 APPENDIX. 
 
 on the snlyect of slavery. The adoption of this new rule 
 excited the church in iJaryhuul and Virginia as being un- 
 wise and offensive. Many of the niiui-iters and laity sol- 
 emnly protested against tlio objectionable canon, and de- 
 clared tlieir purpose to sei k rclress at the next Geuei-al 
 Conference in 1S64, whiclj body alone would have power to 
 alter or change tiie offensive cliapter. 
 
 Others, however, deemed thi> passage of the new chapter 
 sutiicient cause for a violent dis:ntef;r.itiou of the Church 
 in Maryland and Virginia from tin/ Ni'rtli and West, with- 
 out awaiting or desiring any relief liy the General Confer- 
 ence, and forthwith proceeded to institute disorganizing 
 schemes leading to that resnlt. 
 
 Much of this excitement doubtless arose from the sym- 
 pathy which existed among the Church in >iaryland lor 
 their brethren in Virginia, many of wliom were connected 
 with the Baltimore Conference. 
 
 Conventions of the laity were held during the year 1860 
 in this city and ehewhere, for the purpose of separating 
 from the other portions of tlie Church that had adopted the 
 obnoxious rule or chapter on slavery. In these conven- 
 tions many highly respectable and loyal gentlemen partici- 
 pated; but as the politic.il difficulties of the nation in- 
 creased, and, to some extent, involved the Church, those 
 persons sacrificed their personal preferences as to ecclesi- 
 astical organization for tlieir country's good. Not so with 
 others, who could eee no connection between the disinte- 
 gration of the Church and the proposed division of the na- 
 tion — if indeed they did not dtsire it — although the subject 
 of slavery was intimately connected with both. 
 
 On .January 4th, 1861, a large .and influential meeting of 
 the Methodists of B.altimoro was held in Light Street 
 Church, designed to allay the exciteznent, to counsel mod- 
 eration, and to prevent the evils of precipitate and improper 
 action in reference to the new chapter. Among the reasons 
 assigned in the proceedings is the following significant sen- 
 tence : " It is regarded that the .agitation of the subject of 
 slavery in the councils of the Churcli is dangerous at this 
 time, especially in viev/ of the distracted condition of the 
 country." This timely warning restrained m;aiy from fur- 
 ther eftorts in the cause of disrujition, and strengthened 
 the hands of those who were inclined tn await the settle- 
 ment of our national difficulties, wiiich were daily becom- 
 ing more and more intricate. 
 
 The Eal timore Annual Conference which mot at Staunton, 
 Virginia, in March 1801, consummated the plan of the ma- 
 jnnty of the preachers — and which was approved by the 
 Liymen's Convention that asseniljUd at the same time and 
 place — for a prospective seiiaratiou of tlie Conference from 
 the other portions of the Cluircli, and leaving the Bishops 
 to decide before March, 1S62, whether thoy would join their 
 interests with the new organization uuder the old name, or 
 otherwise. 
 
 Meanwhile our national troubles cul niinated, and the re- 
 bellious w.ar was transferred from the tiiriher South to the 
 State of A'irginia, and nearly all communication between 
 tiie Church in that State and Maryland was cut off. 
 
 The Conference at Staunton adjourned to meet in Balti- 
 more, March, 1S62, at which time as many of the mem- 
 bei-s as could or would attend its session convened; Bishop 
 Janes presiding. The session held in Light Street Churcli 
 w.os harmonious, and provision was made for the recogni- 
 tion of absent ministers who might report themselves at the 
 next Conference — to be held in Georgetown iu March next, 
 IStB. 
 
 Up to the meeting of the Conference in March, 1S62, no 
 rupture had occurred in the Church in Biiltimoro. Revs. 
 E. V. Busey, A. Vs. AVilson, T. K. Caison. W. J. I'errv, and 
 J. A. Williams, .all of this city, refused to recognize the 
 Conference which met at Light street, and were entered on 
 tlie minutes as withdrawn. 
 
 In the Baltimore American, of March 15, 1862, a notice 
 appeared addressed '"To the Methoilist Community and 
 Others," announcing that the Mwi^. K. F. Busey and A. W. 
 Wilson would preach at the New Assembly Jlooms on the 
 following day, which Wius the S:ibljath. On the 22d of 
 March, the following week, an announcement was pub- 
 lished for services in the "Central Methodist Episcopal 
 Church," Ac. 
 
 The new movement being now inaugurated, the separa- 
 tists retired from the Clinreh by certitieate of Jiiemberahip, 
 or otherwise, as best suited tlieir own state of mind. It is 
 believed that from all sources ncjt more than five hundred 
 persons have joined their iirgiuil/.ati(ui : but tlieireoiigie- 
 gations, including their Sunday Schools, would perhaps 
 number thrice .as many. ^ 
 
 The line has become distinctly drawn between the schis- 
 matics and the Church. The members of the Methodist 
 Episcopal Church in Baltimore, if not almost to a man, at 
 least very generally, are loyal to the General (rovernmcnt, 
 and desire the perpetuity of the National Union; while 
 none of the schismatics profess any sympathy for either. 
 Naturally enough the new society was consi<Iered a disloyal 
 association, while some of its adherents did not hesitate lo 
 
 1 call those who did not follow their le,adership Abolitionists, 
 I Black Ilepublicans, Liucolnites. Ac. If there be any loyal 
 citizens connected with the ''Central Methodist Episcopal 
 Church" they are certainly in such association as may 
 well Ibrm the ground of reasonable doubt of their loyalty. 
 In short, does not their every public act favor secession, 
 point directly against the integrity of the United States, 
 and treat with indignity our dearest national emblem? 
 Our deliberate o])inion is that there is not one truly loyal 
 niun, woman, or child, in connection with this so-called 
 " Methodist ■' Church, and that it is composed entirely of 
 the disloyal and discordant secession element of this city. 
 
 1. From the above statement it will be seen that there is 
 nn '-trouble in the Methodist Episcop:il Church in Balti- 
 more," as erroneously stilted tiy the New Vurk editor. The 
 number of white member -sand probationers in Baltimore is 
 about ten thousand, of whom more than nine thousand 
 adhere to the Church. The circumstance of Mr. Dashiell, 
 who is aniinisterof the Methodist Episcopal Church, being 
 connected with the "trouble" in this city, was altogether 
 on his part voluntary, and a matter in which he,asaiMeth- 
 odist Episcopalian, was no more concerned than if he were 
 a resident of New Yoik. The whole thing, so far as he is 
 concerned, grew out of the fact that he was the owner of 
 the property where the flag w.as placed, which fact 'was 
 probably unknown to the parties who placed it there. 
 This, we think, sufficient on this point. 
 
 2. That it was neither "the division of the Methodist 
 Church into North and South," which transpired nineteen 
 years ago, in 1814, nor " the adoption by the Church North 
 of a special dogma on the subject of slaveholding." which 
 occurred in tlu^ spring of 1860. that "resulted in the estab- 
 lishment of twoor three Methodist Churches in Baltimore," 
 which did not occur until the spring of 1862, two years after 
 the time the statement of the ]\'ew I'ork editor would lead 
 its readers to believe the new organization took place ; and 
 so far from dating back nearly three years to the General 
 Conference, it is not yet one year old ; all this we think 
 our narrative has made sufficiently apparent. These facts 
 being established, all the conclusions of the JS'ew York 
 cdilor, founde<l on the false premise of the loyalty of the 
 "Central Jlethodist Episcopal Church," either to their 
 mother church or the United States, aie found to be — like 
 their premises — also false. We are, therefore, not at all 
 surprised to bear him say "we do not pretend to under- 
 stand the difi'erenccs between the loyal and disloyal Metho- 
 dists of Baltimore," and that '• it matters very little what 
 the points were.' Certaiulj- imt, if we wish to remain in 
 the dark ourselves and to blind otliers ; but if we desire to 
 "come to the light" and establish the truth, then it is of 
 much importance "what the points were," .and we have 
 honestly attemiited to set them forth without indulging in 
 any reproiichful or vindictive language. But we may here- 
 alter have more to say on the subject if necessary. 
 
 THE CARD OF REV. MR. DASHIELL. 
 Editors of the A mmcan — You have consented to allow 
 me spac<! to correct the errors in your report of my arrest 
 and imprisonment by the military authorities of this De- 
 partment. I proceed to do so. 
 
 1. The charge was stated to be the fearing down and de- 
 strnyin/j nf the American flag. I did not tear it down, but 
 removed it and the rude staff together. I did not destroy it. 
 It w:is not injured, is now in my possession, and was offered 
 to the Provost Marshal in disproof of the charge. 
 
 2. It was said the Hag was put up by some Union people. 
 Who knows this ? Did your rcjiorter, or the one who sent 
 the despatch to the Associated Press, know vjho put it up f 
 It was evidently placed upon the building by disorderly 
 mischief-makers. (1.) The flag itself was a small one and 
 cost perhaps fifty cents. (2.) It was put up in the night 
 and hurriedly. (3.) It was nailed to the outside of a second- 
 storv window, and the window was miikd fast from the 
 outs'ide. (1.) Major Fish dl^tiuctlv denied having had it 
 placed there. (5.) I had not received any notification from 
 the authorities, civil fir military. (0.) Noliody has a rigtit 
 to place a flag upon my premises without my consent. For 
 these reasons I believe no Union people put it up. Some 
 rowdies, upon instigation of two or three officeholders, did 
 the deed to iirovoke disturbance, and to burlesque the or- 
 <lers of this military department about Hags upon plai-es of 
 wcM-ship. I should bo sorry to believe oiherwise, or to 
 think that you supposed any respectable man eapabli^ of 
 so me.au and cowardly a trespass upon the rights of pro- 
 perty. 
 
 3. It was s.aid th.at I was the minister of the congregation. 
 This is another error. Whatever I may think of the move- 
 ment, I have never preached for theni,"and am not a mem- 
 ber. 
 
 4. It was said that I was going to tlic Siniday School. 
 .\nother error. There was no one present in the building 
 at the time. 
 
 5. That I kicked out the glass. This is utterly false. To 
 reach the thig I was compelled to force tLo window, as it 
 
APrEXDTX. 
 
 ru.^.liiSllaii'dT. '""^ °"'^'''^- I ^-'^^ the elass With «y 
 Tlfj c'irna'.l-e' "?,' ^•'"™P<"^ i"*" '-^ carringe, and drovo off. 
 
 of'fl,^®''T.'''!-'' ^ ''''"■® ^'"■y ''"le about such di=plnvs 
 
 fl.g». I bolieve no military or civil officer h"s a r V// 
 
 1 Vs :' ''in';'i''''''JP"'^^*'' P^°P^'-*J'' "^"d that ,K-h ; .nv 
 fcl ;,».,' °/S,"^' cause, by encoura-iug the •' 1 , d 
 
 As to iny release, you liave told your readers th-,t T ,.- 
 
 to me ^nd tnat^t -^''u'et^i.^.^^^tSltfir^v^l^f 
 
 j^.« hi. appeal to .i.n.'^^LZVSe'LS?^; 
 [I'or tiie papers referred to, see ante 1 
 
 to Tno t 11 1 . ""^' Uocument I am told ■■ you rmVI 
 
 to mo It vv oiild li,n-o been better," &c In t\;\J.^i i\ 
 wur, -duty- is substituted for "it would have c.^nhiL',''-'; 
 The meaning, as I understood it, is tliis-t ,t 4 , ■ ' ' tt<T." 
 been prudent and eMie.lient in ,•; f 1, 't ""^'"''1 I'ave 
 about the tia- at the NW ? L.^,,, ' °^ *'"* -^'^tw-ljauces 
 t.iinod with r^rf.;, / ^ .f '^'"'^'y "■O"'"^, to have ascer- 
 
 f ^^ed, an.I?he;;'trifav^n'otrfi^rtire°; ic'':,.rr ',\'^'''' 
 before I removed it Ti,;o i police oi the military 
 
 tl- .isht o?^;; 4- J ■ ' '°;^';f;' ^^■"''''^ "othiug aboift 
 
 the owner's consenr^YoI^-s trul}, '^ " ^'"^"'"'^ ^''"^""t 
 
 lymiary 28, 1S63. "^°"^ °- ^ASHIELL. 
 
 533 
 
 j ^i^u^th^ ^'^::;^:^Z!^r^^^ -^^^^ »<> exercise 
 that he dehver to tllfc e "o" * '.Le'st^r?','^?"'"!' ''°'' 
 bo-ks, records and papers l,cl,,r - • <'l'urch all 
 
 It is furlher ordered tliat th 
 Pnpers, at the corner of Flo 
 plaeed undor the control of t 
 StreetCliuivli, namolv Go,,, - "l'- -■' ' " "," 
 and John M. Forgnson, who'^ :, /- , ' , 
 
 hlod by a loyal minister of il„.„ , . i ',' 
 blessing of tlio h.'ad of the (hunlMi„o„ n,V 
 Govennuent to re-estah'ish its authority. 
 
 By command of Major (ioneral Curtis. 
 
 I>rcn,ost Marshal General DrpHoM^^.^,,^ 
 LETTER OP DR. M'phEKT.US TO ATTORNET GEN- 
 ERAL BATES. 
 
 ' that (^h.irch. 
 Ii edifice, books and 
 '"' I'iuo Streets, bo 
 'I lo, ,,i),er8of Pino 
 ■' "osM.Corbitt 
 ' " I I's pul[,it be 
 "'''o,,n invoke the 
 etforts of the 
 
 The Department of Missouri 
 
 THE McPHEETEES CASE. ' 
 
 ORDER OF JIA.JOR GEXERAL CURTIS. 
 
 Office Provost Marshai. Gexsral. 
 
 I^EP^IRTMEXT OF THU JIlSSOURI 
 
 [SPraAL Order No 152 ]" "'' ^°-' ^'^'^««i«'- 19, 1S62. 
 
 Phoeters, Pastor of the Pine StrJof r^* ^^'^ ^'*"^"' ^- Mc- 
 niembers of his congre4ion ahou t .fv ^'"■' V °''.'"''^'" '°y"l 
 him to avow his sentiments otonU V",""*'" ''"=«' "''g"'' 
 fovor of the Goye™S^°,'^W \\Vref,i ? 'f^r'''"'^''' 
 also published and circiiHte J i 1 *",''•''''"'' ''-'s 
 two wc.eks, in which he not o l nV w ^t ■^^ '!'" "" "'? '"^' 
 er he is in favor of the success of tl e . ti '"'''*', T''^^"'" 
 tiou H, their nfTorts to put down a cru Y ^l !'' f *''° "''" 
 beliion, and h.as failed to ren,ov!> o ■ , "' Jesolafing re- 
 ing impression, t at 1 e d™ L ■?,r''^"'P'''-"'^''""'"""-e"s- 
 cause; and whereas tie s .id Vfol *'"="''^' "^ *='^' '■^^"'1 
 
 Its loyalty to the Govm-nn w.nf ^"^claring or manifesting 
 in their obvious meaning am in'tentn' '''''''"^ '" ''''"''< 
 of the President of the? U it «;""'''™"""'""'''tionJ 
 
 churches, and has allou^d I pnu^^"''"' *^ *'^<^ ^-""""^ 
 b.otliers,and intimate assocatestn'r'f "' "> '''•^'^^ '"« 
 open and manly support of the (Jo o, .'T '"!' '"'•'^'» •■•" 
 sympathy wi,h the rebellion wherebv 'T '"*" ''""^'''^ 
 
 ministerial position has "r,"',, „, * ""•' {"""cnce of his 
 the Government in tdrwi; I i ?'""■"""' "'« enemies of 
 and is still exerting an S^;' l^X^J"'''""'^!''''''-' 
 the youth and other meru ers oVi7 ^'^' especially upon 
 them to believe that he svmn tV"* ''''"^'■'■«''*'°>'' ''''""'ug 
 
 wnVwh!." '"'^"'■'' "'"^ '■'''■''''i'it'-l/ilnotj!.f,M?bv'''''" 
 Mc^heetel4''and^l1,^w^ro'''l,' v,'.' i "r'-'''-, "■''-rol.y I'lio'sa'id 
 protection and fUvor of I'l r ''"''"'■'I ""' right to the 
 position, niid loivo l„.o,„ ^"'^<Jiiiiiioiit in tlnir nn.som 
 
 di-eoid Th, IT ■ • l"'""ioters „f r,.boIli,„ "•ii„l i iv i 
 
 Hon. Edtvard Bates, ^^' ^'"'' '^''•' ^'^'=- 23. 1S62. 
 
 Dr ''''^"'■"'K-(^^"^'''^\"/t!>e Vmted States .• 
 JJ^ARtMR: ivnowing liow iiiiicl, voio- fi„ • 
 edi,-.tharg,.ol th.^ dnii,.Q nt , •,"• t|nie is occupied in 
 liietanee that I a^k vo r , , •.';!'', "■;•''''• 'V',''''*'' extreme 
 1 Imve to submit. Ami "f ut.y!- v ■ "" ""''''' '""^'ch 
 
 mattor, or one of small nionieiit T u' ",",""''' "r I>rivat9 
 but it is one so important in the on .;,',''• ''''1'''''; ^'''"• 
 niaybeso far-reachinn-in ifsr'o,, "" '1'" nn,>lvi',l jnid 
 
 pellod to call your oK atton'.'i;,'/ 1,','';"' '^"'^ ' '"•' '^^'"- 
 and't^^^LJiS;:!^:,- :;^-jl^^^Jor Genera, Curtis, 
 ing in this order ^^ connected with and result- 
 
 v^^:!:^::iSr^,:^^^x'f ''''' ^anestio„ofa 
 
 of the niembersof my Church n„,r" '"\f'^ ^^'""^n sodio 
 involved in ihe relZn of a p "s ,, Tf ? / ''' '° '^' "^''*^ 
 whether the nierabers of a Pi^c^l , ; . V F'"'' '','° '^'^ •• 
 
 wfi^^n'".'"""-'"^' °f t'^^'^ pastor" TJ:Z^Jr' ■ '' 
 writing his views and position on ,■ i ,;""".' .''ofine lu 
 tions. For tlie reasonssefbri ■,';"■ K''"'"^ V^'^^' 
 nyingd.icumenls I ,i,.„i,.,l ,,„',?, i" '1'^' iiccompa- 
 My Mhol,. a.-lioii in fi,; . ,,,',' '■^■-' ''' 'Ins claim ofrigbt. 
 gieusconvii-ii.,i,s-,iiiliHiIii I ' ■ 'be result of reli- 
 
 duty,_.f ih..(;,„,„.i inini-f .,'.' M-'r "'■"■■*"'' the nature and 
 ^vl.o n.ado tl,i. , ■■mand at firsf fw'".'?'^"""^ "^"''i' Cburcli 
 'bo I Inn ,1, lo -lO «,,">• V^ . *"^''' to get a niajoritv of 
 .•>1.I c.f tlie Church 'sesS nun b'^rhTs v '^' Church, and 
 tl^lr^SS ;^-^iH?^ -^od X.^ 
 
 a:tii!^/tsn-j,^i«;s«- 
 
 points to wlUch I desire to ^^'l^^^^^^ ^^l 
 
 ci.KeS:fi^^,^»Si-*;;-'«- I-o assumed to do- 
 
 members of my chn-'o •,, i t/ t \"' 'I""' ""'' ^'""'^ of the 
 >Ienial of the riglit ^^ l.irb il, ,' i ''^ ,'" '^'^"■'t™wl my 
 fheirpastor— an answ,.,- to ,Vv,i .',',"" '""'^'pi'ind of mo as 
 an act of dUloyalty to the G.verZent 1"««t'"n«-^* 
 
 ^"^^ z ^^^:::,:^^'^ -^--ties h„ve 
 
 ecclesiasti<-al, a niatter not onK r •?" 1"^stions purely 
 '"iiitary punishme, t Thel^.n "" /-^/IP' "^^'^ ^■" ^'^ 
 wi.eivas the said McPhe ^ers ^"c f , \ m °''lf "^"'^ 
 same denomination his uso.l .,ii fi •^"« '"' °tbers of the 
 
 loyalty to the Governme " T d "^ "'X''"'';^*'"- ''^ 
 
 cin.rch,co,,rt!;':wti;'"'b^'n,l;;;:;;;;;^ -7 7;,;;; -y^ou.,.- 
 cini;;oi:;;:i:i:rE:£'''?3'f''i^i'"- 
 
 • . ii,,,ls ,„• oouiK-ils ;„■,- t,.liaaidle 
 
 ilalbiirsNvbi 
 
 ■If llMMlbl,., 
 
 nti'iiance. 
 
 toiiitorm,.iI,|i,, 
 "•eallh, unliws 
 diiiary, or by m-.,,,- oi a.ivi, o lor sitis 
 
 of the Assembly wis ■isl-o'i ' l ,"'"'". "'nich th,' decision 
 no right to "han.lle oVco,,<-lu,l/A'' io'h'l,'!';';'''''' "li!,' " '""' 
 certainly uo o«ence lor which I shoj;d ";; sulj.'cilj'lo 
 
 / 
 
534 
 
 APPENDIX. 
 
 military punishment, and. T h-imlily submit, a subject upon 
 which it wiis not proper for tliom to deci'lc 
 
 Third. It will moreover be soon that the military autlior- 
 itiea are dealing with me not as aciiwcn, butdistinctlyand 
 formally as a mini.ster of the Gospel. Tliey commandcdme 
 to "cease from this date the functions of" my "office in the 
 State of Missouri." Now, my ofiico as a minister of the 
 Gospel, I do not receive from the State but from the church 
 of Olirist, and its functions can only bo suspended by those 
 from whom I received my office, and it seems to me that 
 the military authorities should not sit in judgment upon 
 that office, th.at tliey should only know me as a citizen, and 
 only deal with me as such. 
 
 Fourlh. It will be further seen in the order that the mil- 
 itary authorities take command not only of the church edi- 
 fice, but of the books and papers, i. o., the church records, 
 and order them to be given into the hands of three indi- 
 viduals, who, while they are members of the cliurch, and 
 cue of them an elihr, are not the ptTtons to whom the 
 church has or wonlil commit them if p'-rmitted to declare 
 lier will; and further .still it will be srrn from this order, 
 that tlii'se same three iudividUMJs 
 itary to fill the pulpit, and deten 
 instruction the church shall have 
 but it is published to the world 
 road throuRh the country. 
 
 I have felt it to be my duty, not only as a minister of the 
 Gospel, but as a good citizen, to call the distinct attention 
 of the Government to this matter, and ask if this order is 
 not in accordance with the Constitution, laws, and usages of 
 the United States, that such steps may be taken as shall be 
 necessary to correct it. Inthejueantime I design to render 
 implicit obedience to all these orders, for while I cannot 
 admit that my ministerial office, or the government and 
 worship of the church, is under the direction of the civil or 
 military authorities, yet I feel it my duty to set an example 
 of obedience, and to wait the correction which I feel con- 
 vinced will be made by those having the ultimate decision 
 of the matter. And it is, in my esteem, a happy circum- 
 stance that I find in the legal adviser of the Government 
 •)ne, who, at the same time, is so wtll acquainted with the 
 History and cunstitutiun of the church in which I am a min- 
 ister. 
 
 I have s.iiil ii()t!iiii<; of what I consider the cruel per- 
 sonal wrong whirh is done to wn by tliis order. It can be 
 considered as nothin,^- lessUian an Iiffirial endorsement of a 
 .ctter which iippi-ais in tlie tit. Luiiis Vcmocrdt, (now.-- 
 papcr) Dec. 13, 1^G■2, signed by the three indivi(hials to 
 whom Gen. Curtis liand-s over the church to which I min- 
 ister, which letti'r I n-gard as a most shameless and false 
 assault upon my i-haiaeter, so thatif this order is permitted 
 to remain, the wholeinfluenceof the Government, to which 
 .1 have a right to look lor jirotection, semis me out branded 
 with crimes which I contemplate with horror, and which I 
 indignantly deny that I hive ccimiiiitted. 
 
 The only offence, if otfonce it be, winch malice itself can 
 charge against me, is, that being a minister of the Gospel, 
 I have aimed to stand aloof, not only in iiublic, but in jiri- 
 vate, from the exciting discus.iions of these uuhippy times, 
 and to devote all my energies to the distinctive duties of my 
 calling. But while this has been the course which I have 
 thought proper and liecoming me as a njan set apart by the 
 church of God, to deal with men about their highest inter- 
 ests, I have at the same time, not forgotten my 'hity as a 
 citizen. In a fornnd ]);iper read before the General Assem- 
 bly of the Presbyterian cliunli, and which is upon its 
 records, and was puljlislied tliroiigh the country,! declared 
 " that true allegiance and lawful subjection and obedience 
 to the civil Government, as an ordinance of God, are among 
 the highest duties of religion," and more recently still, in 
 the public prints and over my own signature, I declared 
 that " as a citizen, I hold it to be a most important and in- 
 dispensalile part of my duty to God, to obey law, to .sulnnit 
 to the authorities, to pray for them, to render them the 
 honors due their several stations, and to promote ix'.ice and 
 (jnietness," and what is more. I have not only tanglit this 
 in words, but by my exam/ile., 1 have decUired tiie same 
 thing, by th(? quiet but unhesitating manner in which I j 
 liavo gone forwanl in the discharge of every civil duty en- | 
 joined upon mo either by the word of God or by the laws ) 
 of the land, and especially by voluntarily takingthe follow- 
 ing oath, enjoined by tlio State Conveiitiun of Missouri, 
 Jumaoth, lbt5-.', upon those who solemnize the right of | 
 inatrininnv. [Here the oath was inserted.] 
 
 But while I feel that it is hard for a course like this, that 
 I shiiuld bo driven as a criminal frimi my home into a eli- 
 niato unfriendly to my impaired health, and among stran- i 
 gers who are bv an oUicial paper warneil to susiiect me, I i 
 Kay, whih- I feel all lliis to be a great wrong, /</» iml. come 
 ; / miil-H (tinj jf-r oniil ijIju. If the good of tlu' State recpiires 
 tliat aquiit anil peacclhl fimilv should be banished, that an 
 innocent man shuuhl be Ina e.l asacriniinal, letit beiNme. 
 The man is not worlliy tl me of a man who is not wil- 
 ling to suffer even wiougluUy for the public good. Icuuiu 
 
 to ask that the church may be left to her libertv, that the 
 military authorities bo not permitted to jmlge tnd decide 
 between me and the members of my church, upon purely 
 ecclesiastical questions ; that they be not permitted to as- 
 sume authority over the goverument and worship of the 
 Presbyterian church. 
 
 Let tliLs be done and I am prepared to show, by patient 
 endurance, the kind and degree of obedience, which, as a 
 Christian citizen, I am ready to render to the "powers that 
 be." 
 
 As for the rest, I shall calmly but confidently leave my 
 character and ray innocenoy to be vindicated by that Divine 
 Providence be 'ore whom even a spaiTuW does not fall unob- 
 served, and who can make all things work together for 
 his people's good. 
 
 What is jjroper to be done iu this matter is not for me to 
 decide, but I most earnestly and respectfully request that 
 the subject may receive such attention as is proper. 
 
 The only pergonal request I make Is, that if the sentence 
 of banishment is carried out, that I may have sufiBcient 
 time allowed me to make reasonable preparation for my 
 departure, and that I may be permitted to choose what lo- 
 cality l»prefcr in " the loyal States," or to go to a foreign 
 country, if I shall so elect. 
 Very respectfully, 
 
 SAMUEL B. McPHEETERS. 
 
 modification of the order. 
 
 Office of the Provost M.\r.sh.a.l Gf.n'l, 
 
 Dep.^rtmunt of tub Missocbi, 
 
 St. Louis, Mo., Dec. 28, 1862. 
 Rev. S. B. McPheeters and Wife : 
 
 The order made against you on the 19th of December, is 
 modified until further orders, to this extent: that you are 
 not required to leave the St.ate. 
 
 By order of Major General Curtis : 
 
 F. A. DICK, 
 Lieut. Col., Provost Marslial General. 
 
 LETTER OF THE PRESIDENT TO GEN. CURTIS. 
 
 E.^ECUTIVE M.\NSIO\, 
 
 Washington, January 2, 1863. 
 Major General Cuktis : 
 
 5Iy De.\r Sir : Yours of December 29th by the hand of 
 Mr. Strong is just received. The day I telegraphed you 
 suspending the order in relation to Dr. Mcl'heefers he 
 with i\Ir. Bates, the Attorney General, appeared before mo 
 an<l left with me a copy of the order mentioned. The Dr. 
 also showed me th" copy of an oath which he said he had 
 taken, wliirli i-; indeed very strong, and specific. He also 
 verhrilly iissni e,l nie that he had constantly prayed in 
 church for the President and Government, as he had al- 
 ways done before the present Wiir. In looking over the 
 recitals in your order, I do not see that this matter of the 
 prayer, as ho states it, is negatived ; nor that any violation 
 of his oath is charged, nor in fact that anything specific is 
 alleged against him. The charges are all general, that ho 
 has a rebel wife, and rebel relations, that he sympathizes 
 with rebels, and that he exercises rebel influence. 
 
 Now after talking with him, I tell you frankly, I believe 
 he does svmpjiihize with the rcbel»; but the question re- 
 mains whether such a man of unque.stioned good moral 
 character, who has taken such an oath as he has, and can- 
 not even be chargedof violating it, and who can be charged 
 ^vith no other specific act or omi.ssion, can with safety to 
 this government be exiled upon the susjiiiiou of his secret 
 sympathies. But I agree that this must be left to yiai who 
 are on the spot ; and if, after all, you think llu^ public 
 gooil i-ecpiires his removal, my susjiension of the onler is 
 withdrawn, only with this qualitication, that the time 
 during the suspension is not to bo counted against him. I 
 have promi.sed him thi.s. 
 
 But I must add that the United States Government must 
 not, as by this order, undertake to run the churches. 
 WIk'H an individual, iu a cliurch or out of it, becomes 
 dangerous to the puMic interest, he must be cliecked ; but 
 let the churches, as such, take care of themselves. 
 
 It will not do for the United States to appoint Trustees, 
 Supervisors, or other agents for the churches. 
 Yours very truly. 
 
 A. LINCOLN. 
 
 P. S. — The committee composed of Messrs. Yeatman and 
 Fi'.ley, (?lr. Broadhead not attemling,) has presented your 
 letter and the memorial of sundry citizens. On tlie whole 
 subject embraced, exercise yiair best judgment, with .a sole 
 view to the jiublic interest, and I will not interfere with- 
 out hearing you. 
 
 A. LINCOLN. 
 
 January 3, 1SG3. 
 
APPENDIX. 
 
 635 
 
 LETTER FROM GEN. CURTIS TO DR. m'PHEETERS. 
 
 Headquarters Department of the Missouri, 
 St. l.ouis, March '2iih, 1SG3. 
 Kev. S. B. McPheeters, St. Louis: 
 
 Kestraiut having be°n imposed on your exercise of public 
 unctions because of supposed disloyalty, some ot your 
 riends have traversed the fact of your being disloy.il, and 
 d;-3ire my personal intervention. With a view of jiscer- 
 taining your sentiments, I submit to you the following in- 
 terrogatories f.rr your answer : 
 
 1st, Do you wish the rebellion crushed, and are you in 
 f(.vor of the restoration of the national autliority over all 
 our territory ? 
 
 2d, In thy conflijt of war now existing do you desire the 
 success of the federal and the defeat of tlie rebel forces? 
 
 I h;ive tlie liouor to be, sir, very respectfully, your obe- 
 dient servant, 
 
 S. R. CURTIS, 
 Major General. 
 
 These questions. Dr. McPheeters decliued to 
 answei" for reasons given below : 
 
 REPLY OF DR. m'PHEETERS. 
 
 St. Louis, March 31, 1S63. 
 To ^is^m General Curtis, y 
 
 Vonimanding the Department of the Missouri : 
 
 Gexeral: I have the honor of acknowledging the re- 
 ceipt of your favor of the 2Sth instant, the Sabbath 
 intervening between its date and reception. 
 
 Allow me, General, to express my thanks for the kind 
 manner in which you received and heard certain friends of 
 mine, and lor your further kindness in reviewing your 
 decision in my case. 
 
 Under other circumstances than those in which I find 
 myself placed, it might bo proper and becoming in me to 
 express freely and tully, both my desires and opinions, as 
 far as I have desire or have formed opinions in relation to our 
 sad national calamities; but the position in which my 
 seemingly hard fate has placed mo is peculiar and tinbar- 
 ntssiug, and my answer to your interrogatories niu-t be 
 detennined in view of all the circumstances surnnm ling 
 me and my conviction of duty. I do not mean that I have 
 or tliat any citizen ought tohaveauy diiiiculty in acknuwl- 
 edgiug his allegiance. Certainly no such dillicully is in 
 my way. When in the General Assembly of my chiirch it 
 was charged that I was "disloyal," defining that word ac- 
 cording to the standard authorities, I promptly and 
 tiioroughly repelled the charge before the whole country ; 
 and when the Convention of this State, by ordinance, re- 
 quired a most carcl'ully. prepared oath of allegiance to bo 
 taken by those who solemnize the rites of niatrinion3", iu 
 obedience to the teachings of my church on tliat particular 
 matter, ( :ireclory of Worship, chap, xi, § 1,) and Irom a 
 R.'use of duty, I voluntarily subscribed and filed it, ;us re- 
 quired. Ami in this Cunnection allow me to say, that one 
 of the things which I have found it hardest to bear iu the 
 cour=e Ci the authorities toward me, is that I have not only 
 been treated as if I had tiiken that oath without honor ol 
 conocience, but wliati-ver inlluence my othce or character 
 give me, is made to encourage and sustain those who are 
 shaking the very foundation of all society by denying the 
 solemn and biudin'j; ulili^-atious of an oatlj. Rut I lorbear. 
 I hive ^ai I - i i;;T li ;; ^liio to myself and to my frieuds 
 wholKivo ,ii; : ; IV behalf. 
 
 Astoth !■ : . 11 ogatorieg propounded, they are 
 
 of tile sa;ii . , I ; .1- I i,(i.-(_' which certain members of my 
 cliu'.iliiiii ,. i-iiiou demanded that I should answer. 
 I dm ; 1 I i! ,_'i to requh-e me to give any answer to 
 sU' li I . , .;;'l in doin.i; so used this language: "And 
 
 thi.5 1/, -i.i.ui i 1.1I1.L', not from any disposition to stand nut 
 captiously upon an abstract question of right, nor from 
 any dispusition improperly to conceal my views on political 
 qlle^tions, but from a conscientious conviction that I cannot 
 yield the thing you cl.aim without, to the full extent of my 
 example, compromising the rights of every minister, anil 
 endangering the peace of all the churches." W"1ku I re- 
 fused to answer the questionsof the members of my church, 
 they mai!e appeal to the public, and directly or indirectly 
 to the military authorities; the result was that Military 
 Order No. l'>2 was made and issued, which, for my silence 
 and leiu-al toaii-wer these gentlemen, banished me from my 
 jmlliit, an 1, - .riginally made, from the State. This order 
 is, in . \1 i> t was on its face, based on my position above 
 qiiot i, I 1,< M '.\iili these members of my church. 
 
 If J w.is ii-lit then, it cannot now be proper that I 
 should give an answer which I then declined on principle, 
 a principle on the maintenance of whicli I then and now 
 believe depends in a great degree the peace, the purity and 
 the spiritual power of the church. I do not expect you, 
 General, to see all the consequences of the precedent which 
 my answer to the questions proposed would establish, as I 
 
 think I see them. But this I think I have a right to ex- 
 pect, that you will see that, believing as I do, X cannot 
 answer the questions which you propound, under the cir- 
 cumatances in which the;/ are prnpomidud, without abandon- 
 ing my religious convictions and wounding my conscience. 
 I dare not, then, whatever be the consequences to me per- 
 sonally, make such a reply to your letter as you probably 
 expected. 
 
 But I trust I have said enough to satisfy you that all 
 charges of disloyalty against me are without foundation. 
 In this connection I may be pardoned for quoting from 
 your " Circular letter" defining loyalty. You say : " Prima 
 facie, an oath of alle.gianceis evidence of loyalty, .and when 
 men have taken upon themselves such oblig-.itions, and 
 have lived and acted consistently with them, they should 
 be regarded as loyal." I liave taken the oath voluntarily 
 and conscientiously ; I have lived iu consistency with it; 
 your own words declare the rest, I '' should bo regarded as 
 loyal." Under your order, and with any construction that 
 can be put upon it, I wonld be allowed to buy and sell, to 
 practice medicine or to jjload law. W'hy not to preach the 
 gospel? 
 
 But I will not weary your patience. I have not believed 
 that iu anything that has occurred, you have designed to 
 do me injustice, and I hope that you will see your way 
 clear to remove the hindrances to my returning to my 
 work and calling. In any event I shall try and so live and 
 act, that those who know me will be constrained to confesa 
 that I am not a bad, much less a dangerous citizen. 
 I have the lionor to be. General, 
 Your obedient servant, 
 
 SAML. B. McPUEETERS. 
 
 LETTER OF DR. m'PHEETERS TO M.\.J0R GENERAL 
 SCHOFIELD. 
 
 St. Louis, June 2, 1S63. 
 To Major General Schofield, 
 
 Commanding the Department of the Missouri : 
 
 General : The Presbytery of St. Louis, of which I am a 
 member, stands adjourned to meet in this city on to-morrow 
 to hear and consider certain matters in rel.ation to the 
 Church of which I am the pastor. The matters that will 
 be then discussed are of deep personal interest to me. 
 Special Order No. 152, issued on the lOlh of December, 
 lu62, prohibits my exercising the functions of my oflice in 
 the State of Missouri during the present war. One of the 
 functions of my office, as a minister of the Gospel, is to sit 
 in ecclesiastical courts, and my object in addressing you is 
 respectfully to request th*t under the circumstances which 
 1 have stated, 3"ou will so far suspend Order No. 152 as not 
 to hold mo guilty of its violation if I attend this meeting 
 of my Church court and participate in its deliberations. 
 
 1 deem it but proper to say that when Presbytery hehl 
 its meeting in this city on the luth of last month for the 
 same purpose, that I made a verbal request through Briga- 
 dier General Edwards of General Curtis to be allowed to 
 sit in Presbytery without offence to the military authorities, 
 and it was not granted. This I felt to be hard, as my only 
 object in asking a tempoi-ary suspension of the order was 
 that I might havo^an opportunity to defeml my ministerial 
 fh.iracter and conduct before the ecclesiastical court to 
 which I am amenable. 
 
 I have the honor to be. General, your obedient servant, 
 
 SAMUEL B. McPheeters. 
 
 REPLY OF GENERAL SCHOFIELD. 
 
 IIeaduuarters Department of the Missouri, 
 St. Louis, June 3, 1863. 
 Rev. Samuel B. McPheeters : 
 
 Sir : I am directed by the Major General commanding to 
 say that you have permission to attend the meeting of the 
 Presbytery of St. Louis for the purpose of defending your 
 ministerial character, but not to act as a member ol such 
 body. 
 I am, sir, very respecfuUy, your obedient servant, 
 
 A. V. COLBURN. 
 A. A. G. 
 
 LETTER OF DR. M'PHEETERS TO GOV. GAMBLE. 
 
 St. Louis, December 3, 1863. 
 To Governor Gamble : 
 
 Dear Sir : As your time is necessarily occupied by your 
 official duties, it is with reluctance that I trouble you with 
 any matters relating to tnvsell. I know, too. that the rc>- 
 moval of the grievance nihl. 1 » In ii I ialior is not iniinodi- 
 •ately in your hands. \\ h 1 I ii : a U of you, however, 
 is only your kind offices m ., : m - .nylliiu;; that it may 
 be proper for me to do, ami .m.', a >i lauce in the premises 
 which you may be dispiLsed lo give me. I flatter myself 
 that my intercoui'se with you iu years past had loft the im- 
 
536 
 
 APPENDIX. 
 
 pression pn yon that I will not knowingly make any state- 
 ment which 1 do not nnself Ijclievc to b<; true. 
 
 My Ciise is this: On the 19th day of December, If^e^, a 
 military order was issued containing a threefold sentence. 
 1st. Myself and wife were to be banished to specified limits 
 in the Northern States. 2d. While I remained in Missouri 
 1 was prohibited the exercise of my functions as a minister 
 of tlie Gospel. 3d. My Ch\ircli was taken from the control 
 cf its ecclesiastical ofUcers, and given in charge of a com- 
 mission who are directed to provide a preacher and conduct 
 the services. By a suljsequent order, dated December 28, 
 1862, the sentence of banishment was suspended. By athird 
 order, dated March 4, (he control of my Church was re- 
 turned to the church officers. From these several ordtrs 
 (copies of which I inclose, marked A, B, and C) it will be 
 Hcen that the only part of the original i rdtr against me 
 that remains in force, is that which forbids me the exercise 
 of my distinctive functions as a minister of the Gospel. So 
 true is this, that it is known to the entire community that 
 for nearly a year I have been in the full and uninternipte(l 
 enjoyment of every right of a citizen, except my ecclesias- 
 tical and religious rights. Refusing to receive a salary 
 from my congregation for services 1 wiis prevented from ren- 
 dering. I have been forced to turn to secul.ir pursuits. For 
 many months past I have found employ luent in a law ofiBce. 
 In this position I have not only prepared, but, in person, 
 presented and passed claims before a commission appointed 
 by the President of the United States. If prepared, I 
 might practice law; if disposed, I might publicly lecture 
 on history, art, or science. I have voted without challenge 
 or objection. In short, there is no secular calling which is 
 not as open to me as to any other citizen, and yet it would 
 be a military offence for me to preach a sermon, to admin- 
 ister the Lord's Supper, to officiate at a funeral, or to sit in 
 an Ecclesiastical Court ! The simple naked fact is, that as 
 matters now stand, the military authorities have deposed 
 me from the Gospel Ministry, and this is the only grievance 
 nuder which I labor and from which I seek to be relieved. 
 I could give a very rational explanation of this strange, not 
 to say absurd issue of my case, but it would require more 
 space than I think proper to occupy. Suffice it to say that 
 it is manifest on the face of the original order that it was 
 iiopart ofthepurposcofthomilitaryauthorities,at the time 
 the order was issued, to prohibit the exercise of my minis- 
 terial functions for a longer time than the ten days which 
 were to elapse between the order and the banishment. When 
 the order of banishment was suspended it was so worded, 
 liowever, as to leave the ecclesiastical sentence in force. 
 And there matters have stood to this time. I think I have 
 a right to assume, if there was any valid ground why I 
 should have been punished, thf^J; it would have come to 
 light in a year, and I am confident if there had been any 
 evidence against me I would not have been permitted to 
 remain in the State. The truth is, Governor, that the origi- 
 nal sentence was hastily issued upon the representation of 
 one or two misguided and prejudiced men, and was pro- 
 nounced without my having any examination or trial what- 
 whatever. This 1 have always regarded as hard treatment, 
 lor some months before the order was issued, hearing that 
 charges and insinuations were being made against me pri- 
 vately, I went in person to both the District Provost Mar- 
 shal and to the Provost Marshal General, and made special 
 request that if charges of any kind were preferred against 
 me that I might have a hearing before sentence was passed. 
 And if this, as it seemed to me, reasonable request had 
 been granted, I firmly believe that no order would ever 
 liavo been issued. It is most certain that the order of De- 
 cember 19 could not be obtained against me now. I believe 
 that those who asked and procured it then, would not ask 
 it to-day. I am much mistaken if they are glad to-day of 
 what they did a year ago. 
 
 I have not, up to this time, presented my case to the 
 (ieneral now commanding this Department, nor asked him 
 to review it, mainly for two reasons: 
 
 1st. It was a case decided by his predecessor. 
 
 2d. Friends in whoso judgment I relied, thought that in 
 the condition of things in Missouri, it was better for mo 
 patiently to wait. I feel that 1 have now waited long 
 enough, and I think something should be done in my case. 
 I am the only minister, of any denomination in the city, 
 prohibited by the military authorities from preaching. I 
 appeal to you as one acquainted with this community, and 
 acquainted with me, if svjch a distinction against me makes 
 the impression upon respectable citizens that this sentence 
 is just and right ! The question I wish to submit to j-ou is, 
 what should 1 do to bring my case belbrc the proper au- 
 thorities ? If the senience can be removed by a simple re- 
 versal, giving no reasons, and going into no explanation, I 
 have Ud oljiction. If a trial is necessary, then I ask, as a 
 i;i::lt r of Justice, that it may be full and searching, and 
 th:it I li:ive a fair opportunity of thoroughly vindicating 
 mv rlunactiM- and conduct. 
 
 Most respectfully, your obedient servant, 
 
 SAML. B. McPUEETEES. 
 
 LETTER OF PRESIDENT LINCOLN TO 0. D. FILLET. 
 
 ExKcnrrvF. Man.sion. 
 Washington, December 2:, 1863. 
 0. D. Fillet, Esq., St. Louis. Mo: 
 
 I have just lioked over a petition signed by some three 
 dozen ciiizins of St. Louis, and the accompanying letters, 
 one by your.self, one by a Mr. Nathan Ranney, and one by a 
 Mr. John D. Coalter, the whole relating to tlie Rev. Dr. 
 McPheeters. The petition prays in tlie name of justice 
 and niercy that I- will restore Dr. McPheeters to all his 
 ecclesiastical rights. 
 
 This gives no intimation as to what ecclesiastical rights 
 are withheld. Your letter state;; that Provost-Mnrshal 
 Dick, about a year ago, ordered the arrest of i r McPbee- 
 ters. Pastor of l^ine Street Church, prohibited him from 
 officiating, and placed the mauageuieutof tliu aff .irsof ihe 
 chuich out of the control of tlio Clio.ven Trustees: and near 
 the close you statethat a certain coiiise " wrnil<l insure his 
 release." Mr. Ranney's letter sa^s :" Dr. i^umlud B. Mc- 
 Pheeters is enjoying all the rights of a civilian, but cannot 
 proach the gospel ! 1 ! " Mr Coalter, in his letter, asks: '• Is 
 it not astrange illustration of the condition of tilings, that 
 the question who shall be allowed to preach in a church in 
 St. Louis shall bo decided by the President of the United 
 States?" 
 
 Now, all this sounds very strangely; and, withal, a little 
 as if j'ou gentlemen, m^iing tlie application, do^kt un- 
 derstand the case alike ; one affirming that the (TOtor is 
 enjoying all tlie rights of a civilian, and another pointing 
 out to nie what will secure his release. On the 2d of Jan- 
 uary last, I wrote to General Curtis in relation to Mr. 
 Dick's order upon Doctor McPheeters; and, as I suppose 
 the Doctor is enjoying all the rights of a civilian, I (iflly 
 quote that part of my letter which relates to the Church. 
 It was as follows : "But I mu.st add tliat the United States 
 Government must not, as by this order, undertake to run 
 the churches. When an individual, in the church or out of 
 it, becomes dangeroits to the public intere.'=t, he must be 
 checked; but tke churches, as such, must take care of 
 themselves. It will not do for the United States to appoint 
 Trustees, Supervisors, or other agents fur the churches." 
 
 This letter going to General Curtis, then in command 
 there, I supposed, of course, it was obeyed, especially as I 
 heard no further complaint from Doctor McPheeters or hia 
 friends for nearly an entire year. I have never interfered, 
 nor thought of interfering as to who shall or shall not preach 
 in any church; nor have I knowingly or believingly tolera- 
 ted any one else to so interfere by mv authority. If any 
 one is so interfering, by color of my authority, I would like 
 to have it specifically made known to me. 
 
 If, after all, what is now sought, is to have me put Doc- 
 tor M. back over the head of a majority of his own con- 
 gregation, that, too, will be declined. I will not have con- 
 trol of any church on any side. 
 
 Yours respectfully, 
 
 A. LINCOLN. 
 letter of attorney-general bates to dr. 
 m'pueeters. 
 
 Washington, December 31, 1863. 
 Rev. Samuel B. McPheeters, D. D., St. Lmis, Mo. : 
 
 Ret. and Dear Sir: Governor Gamble trarsmitted tome 
 (in bis letter of December 21) your letter to him of Dec. 3, 
 which contains 'a lucid statement of the eondiiion in 
 which you suppose yourself to be left, by tlie various mil- 
 itary orders, copies of which accompanied voiir letter. 
 
 Before the receipt of Gov. Gamble's letter I lia'l received 
 a petition in your behalf, adire.ssed to the President, by 
 some twenty or more, among whom I recognize f ouie of 
 the worthiest men in St. Louis. Tliat petition, with 
 several letters of individuals, which were sent witb it I 
 laid before the President, lie seemed inu'li mrpi i<ed to 
 find that you were still laboring under any clerical or pro- 
 fessional disability, in consequence of those ill advised 
 military orders, which, in all their personal and civil bear- 
 ings had been superseded long ngo. And he answered Mr. 
 0. D. Filley (who wrote one of the letters, above referred 
 to) in a manner which he suppo.sed, would end the quts- 
 tion. Again, I brought the matter to his n.tice, by ex- 
 hibiting the documents first mentioned in this letter. The 
 President, in suhsUmee, answered tliat it was »lway8 his 
 wish and purpose to hold individuals responsible fir their 
 own acts, without any reference toihefaet tliat thoy liap- 
 pened to bo members or officers of paiticular clnuche.s — 
 that the fact of being a member or p.istor of a cluirrh was 
 no excuse for personal misdemeanor. But that he never 
 intended to assume or permit his s'lV'^idinato officers to as- 
 sume, any power to govern or contnd the churches, or in 
 any manner to determine who may or who may not preach 
 and minister in them. You say that you are in the lull 
 fruition of your o'vtl rip,hs, and the President considers 
 you as free in tae e. joymeut of your ecclesiastical rights. 
 
APPENDIX. 
 
 537 
 
 I write this with tlie pxprpss permissinn of the President, 
 aiiO I presume to advise that you quietly resume the 
 exercise of all the rights, duties, and fuuctions of your 
 office, as if noiuterruption had occurred. 
 
 I reuiiun with great respect, your friend and servant, 
 EDWARD BATES. 
 
 THE CHARGE OF THE CHURCH EDIFICE. 
 
 Upon the issue of the order of December 
 19, 18G2, the session, (Elders John Whitehill, 
 William T. Wood, Alexander Marshall, David 
 K. Fergruson, and AVilliam W. Greene, present, 
 and Martin Simpson, and George P. Strong, 
 and the Pastor, absent) at its meeting, Dec. 20, 
 18G2, passed these resolutions unanimously : 
 
 1. By the standards and Constitution of the Presbyterian 
 Cliurch, the government nnd discipliiK! of the Church is in 
 tI\o Session of tlie Chun li. innijinsed of the Pastor and 
 Elders, chosen and olclid \>y x\u- pcDple; and the Session 
 only has, or can ha/o, tin' ri-htlul custody and control of 
 the church edilice, and books and papers of the Church. 
 
 2. The Constitution of the Church provides for the se- 
 lection of Pastors and Ministers, and only in the modes 
 provided can a Pastor or Minister be appointed, or elected, 
 for any church or congregation. All power and control in 
 the select on of Pastors and Ministers, is by our Constitu- 
 tion denied to the civil or other government, or other hu- 
 man power outside of the Church. 
 
 3. As members of this Session, we are under solemn 
 vows to obey and maintain the Constitution of the Presby- 
 terian Church, and whilst we yield obedience to said mili- 
 tary order, and surrender, so far as we have possession and 
 custody, our church edifice, books and papers, to the con- 
 trol of the individuals indicated, to wit: George P. Strong, 
 
 ■James M. Corbitt and John M. Ferguson, a sense of duty 
 constrains us to record our convictions, that the necessary 
 effect of the order is to suspend, while the order ia in force, 
 organized chuvch action. 
 
 4. We earnestly urge and entreat all the members the of 
 Church not to suffer this sore affliction to scatter our little 
 flock, but to maintain steadfastly their present relations 
 witli Pino Street Church, and in faith and trust and Chris- 
 tian patience, await the return of the day when in God's 
 providence, the possession and control of our church edi- 
 fice, and the government and discipline of the Church, 
 shall be restored to us, to be used and exercised in accord- 
 ance with the Constitution and Standards of the Presbyte- 
 rian Church. 
 
 5. We know not on what evidence the military authority 
 acted, as their order affects onr Pastor, the Piev. Samuel B. 
 McPheeters, and intend no impeachment of their action ; 
 but adhering to our Pastor as wo do, and as our solemn 
 vows require of us, a sense of diity impels us to bear our 
 testimony to his rare talents and efficiency as a minister, 
 and to his faithfulness as a Pastor. We have been on 
 terms of most familiar intercourse with him. Wo believe 
 more than four-fifths of the church and congregation 
 would unite with us in this utterance. We commend him 
 to the sympathy and jiffection of God's people, wherever he 
 may go or sojourn in his involuntary wanderings from the 
 people of his charge, whom he so much loves. 
 
 6. We have no purpose in these resolutions to criticise 
 tlie order of the military, referred to; our only aim has 
 been to declare our views of our powers and duty as a 
 church session in the circumstances that surround us. 
 
 REVOCATION OF THE ORDER, 
 
 Headquarters Department op the Missouri, 
 Office op the Provost Marshal Gen'l, 
 St. Louis, March i, 18G3. 
 Order No. 25.] 
 special Order No. 102, paragraph II, of date of 19th De- 
 ceiiibei-, lSli2, relating to the Pino Street Presbyterian 
 Church, is hereby further modified as follows : 
 
 It appiariiig tjiat Messrs. Strong, Corbitt, and Ferguson 
 have iKit taken charge *)f the church edifice, books and 
 pajiers, so much of said order as directed them so to do is 
 now resriiide<l. 
 
 By command of Maj. Gen. S. R. Curtis. 
 
 F. A. DICK, 
 H. Col. and Provost Marshal General. 
 The case of Dr. McPheeters was before the 
 last General Assembly of the (Old School) 
 Presbyterian Church, on an appeal. A body 
 claiming to be the Presi^jytery of St. Louis dis- 
 solved the pastoral relation between Dr. Mc- 
 Pheeters and the Pine Street congregation, and 
 on his resuming service, requested him to de- 
 
 sist. The Assembly refused to sustain the 
 complaint of Dr. McPheeters, 47 voting to sus- 
 tain, 2 to sustain in part, 117 not to sustain, 
 and 1 excused from voting. 
 
 THE ANDEKSON" CASE. 
 
 COURT MARTIAL AND SENTENCE OE S. J. P. AN- 
 DERSON, D. D. 
 
 Before a military commission which convened at St. 
 Louis, Missouri, pursuant to Special Orders No. 97, series of 
 1863, from Headquarters St. Louis District, and of which 
 Colonel John F. Tyler, 1st regiment of I nfiintry, M. S. M., 
 is President, was arraigned and tried Rev. H. J. P. Ander- 
 son, citizen of St. Louis, Missouri, on the following charge 
 and specifications: 
 
 Charge. — Disloyalty to the Federal Government. 
 
 First Specification. — Uttering disloyal expressions, and 
 expressions of hostility to the GoviT'iimint nt (lie United 
 States, and manifesting sympathy wiili i.l.^ls nnd tlieir 
 cause. In that, he has asserted and uiainlaine,!, uvowed 
 and admitted, that rebellion is not a sin; that tlie .'-outh is 
 right; that the war against the rebellion is \v-rong and un- 
 warrantable; that the South is justified in its conrse, and 
 that it cannot bo subdued by Federal arms; using, also, 
 other language and expressions of similar import and ten- 
 dency. 
 
 Sccnd Specification. — In that he has openly jiistified the 
 attack on and capture of Fort Sumter, in April, 1861, and 
 at sundry times prior to June 1, 1S63. 
 
 Third Specification. — In that he did, at his residence at 
 St. Louis, display, or permit to be displayed from his house, 
 the rebel colors, and erect, or permitted to be ei-ected, or to 
 be continued on his premises, a mound or miniature fort or 
 fortification designated as '• Fort Sumter," and bearing the 
 rebel flag a considerable time in the spring of 1861. 
 
 Fourth Specification. — In that he denounced the capture 
 of Camp Jackson by the Federal forces as a violent outrage 
 on the sovereignty of the State. 
 
 Fifth Specification. — Having openly approved of the fir- 
 ing on United States soldiers in the streets of St. Louis on 
 or about the 11th and 13th days of May, 18G1, and denounced 
 these soldiers as " home butchers," " murderers," and words 
 of like imiwrt. 
 
 Sixth Specification. — Evincing pleasure and gratification 
 in rebel successes and Federal reverses, thus signifying his 
 approval of the rebellion. 
 
 Seventh Specification. — Openly stating and avowing that 
 the war against the rebels Is wrong and unwarrantable, 
 and that he could not pray for its success on the national 
 fast day of September 30, 1861. 
 
 Eighth Specification. — At a meeting of several clergymen, 
 held in the city of St. Louis, to concert a union of their 
 several churches in the observance of a national fast day, 
 appointed by the President of the United States for the 30th 
 day of September, 1861, he conditioned his joining in such 
 observance on this, that the success of the Federal arms 
 should not be prayed for, and he refused to join in such ob- 
 servance of a fast day because his conditions were rejected. 
 
 Mnlh Specification.— Th-At on and after a mjjeting'of the 
 Church Extension Board of the so-called Old School Pres- 
 byterian Church in the city of St. Louis, in conversation, 
 argued and spoke in favor of the rebel cause, and against 
 the efforts of the Government of the United Static to put 
 down the rebellion, averring that the South was in the 
 right, and could not and ought not to be conquered. 
 
 Tenth Specification. — That, as a clergyman and a pastor, 
 he has openly cast his influence in liivor of the rebel- 
 lion, and against the Government of the United States, by 
 his public and private conduct, language and demeanor, in 
 this wise — that he has averred the South to bo right, and 
 the Government of the United States to be wrong, in the 
 present conflict, and that rebellion is not a sin; tliat it 
 could not bo put down by the Government of the United 
 States; that it ou*ht to succeed and would succeed ; and 
 that loyalty had nothing to do with the qualification for 
 membership in the church, Synod, and other religious 
 bodies. 
 
 Eleventh Specification. — In that le h -1 :i in is concealed 
 in his house for the purpose of re-i' I I : ril troops 
 
 known as Home Guards, and wli ; lated by 
 
 him as "Dutch rule," and alsosr. inr I'ur ],■■ would use 
 these arms it Ids liberties were atteiiii.te,! to be iiitiTfered 
 with by them, and using words of like import, intimating 
 that he intemlod ri'sistaiice to military law. 
 
 The ConiinissioM, alter mature deliberation and reflec- 
 tion, have found 111.. 1,1 isoner guilty of all the above .^jpecifi- 
 eatioiis, and also the cb.irge, and have therefore sentenced 
 him to be sent south ol the lines of the Federal army at as 
 early a da^ »« practicaldo. 
 
 The proceedings have been disapproved by the Command- 
 ing General, ou account of a defect in the orders convening 
 
538 
 
 APPENDIX. 
 
 the Comaiission. The number of memhersin thU Ciis" was 
 raUuced bclcw iho minimum proscribed in partigraiih 2, in 
 General Orders No. 1, series of 1862, from these headtiuar- 
 ters. 
 The proceedings are therefore inoperative and void. 
 
 ORDEK IfBSPECTING RELIGIOUS 
 COJM VOCATIONS. 
 
 UliADQUAKTERS DEPARTMEXT OF TUE JIlSSOURI, 
 
 St. Louis, Mo., March 6, 1864. 
 
 Colonel : In the opinion of iho General Commaudiug, the 
 interests of the country require that due protection should 
 be given within the limits of this department to religious 
 convocations, and other religious assemblages of persons 
 whose function it is to teach religion aud morality to the 
 people. But at the present lima ho deems it expedient that 
 the members of such assi'mblages should be required to 
 give satisfactory evidence of their loyalty to the Govern- 
 ment of the Uuitoj Slates as a condition precedent to such 
 privilege of assemblage and protection. 
 
 The Major General Commanding desires that you take 
 such steps as in your judgment will best secure these ob- 
 jects. 
 
 I am, Colonel, very respectfully, your obedient servant, 
 
 0. 1). grei:n. 
 
 Assixlanl Adjutant General. 
 To Col. J. P. Sanders'JX, Provost Mj,rskal General, Depart- 
 ment of MissnuH. 
 EXPLANATORY LETTER FROM GEN. R03ECRANS. 
 
 Headquarters Dep't of thk Missouri, 
 
 St. Louis, Mo., April 29,1864. 
 
 Dear Sir : Assured by your letter of the 25th that the 
 members of the I'rosbytery, which were to have met at 
 Booncville, are loyal, lam quite satisfied that nothing but a 
 proper understanding of the origin and purposes of the or- 
 der is necessary to cause it to meet their hearty approval. 
 
 My respect for your body, aud for the principles of re- 
 ligious troedom, require that 1 should give an explanation to 
 you and the religious public. 
 
 Loyal church members, both lay .and clerical, called my 
 attention to the fact that many assemblages of tniuisters 
 aud teachers of r.'ligiou of various denominations were to 
 convene during the spring and summer, in which would 
 doubtless be many plmsods openly and avowedly hostile 
 to the National aud State Govirnmcnts ; that in one most of 
 them would be open enemies to the Union. They also 
 prayed me to take such measures as that those assem- 
 blages should not bo used to concoct treason or injure the 
 uational cause. 
 
 What was to be done ? If all who claim to meet for reli- 
 gious purposes can do so without question, a convocation 
 from Price's army, under the garb of religion, may assem- 
 ble with impunity aud plot treason in our midst. 
 
 If, on the contrary, religious assemblies, really such, are 
 scrutinized with the .same freedom as political meetings of 
 uuknowu and doubtful character, not only would it bo ne- 
 cessary to inquire iuto the tniuistjrial character of its menv 
 bers, but their public aud private proceedings must bo so 
 watched that treason could not bo perpetrated without de- 
 tection and punishment, which would occasion a most irk- 
 some interference with personal privacy aud the freedom 
 of religious action. 
 
 As the General commanding this department, my duty to 
 the country aud the peopio of the State required me to pro- 
 tect them from the machiuations of enemies, who, under 
 the cover of the freedom of religiou, should attempt to con- 
 C 'ul plans and counsels opposed to the interests, peace, and 
 Safety of the State aud the nation, while, as a Christian, I 
 loll bound to secure religion from the danger and disgrace 
 of being used as the cloak of malice, and its freedom from 
 a surveillance freely exercised over political meetings. 
 
 To fulfil these duties the Provost Marshal General was 
 instructed as follows : [See order above.] 
 
 Upon these mstrucliona the Provost Mtirshal General is- 
 Euod the orders to which your letter alludes 
 
 In that order, as now enforced, he protects those meet- 
 ings, and dispenses with surveillance of the members or 
 proceedings, on the simple and easy conditions that the 
 members will, individually, assire him of their loyalty in 
 either one of the following ways : 
 
 First. By certifying on ho.ior that they have sworn to 
 support the Constitution und Government of the Uuited 
 States, and provisional government of this Stale, as re- 
 quired by the laws thereof, to euable minislcis to solem- 
 uizj marriage, each at the time and place set oppos te to 
 Uh name. Or, 
 
 S'cnd. By taking an oath of the form prescribed in 
 that order. 
 
 I am quite sure that, upon proper understanding and re- 
 ft 'Ction, the friends oi religion and its freedom will thaiil; 
 ino as much as do the-frieuds of the Union for this order. 
 
 I regret to say that, while I have abundant evidence of 
 tli'-ir s.itis.acLiOii, I know of very few who have com jiaincd 
 of it who have been remarkable for loyalty. Mrstof them 
 have been remarkable for their sympaiuy with the rebel- 
 lion, and now live in our midst croaking, lault-fiudiug, aud 
 even rejoicing in the nation's struggles and reverses, like 
 the impious son of Noah, who uncovered and mocked at 
 the nakedness of his father. 
 
 It is very easy to see that such persons injure the cause 
 of religious freedom, as they do that of the coimtry. 
 
 From what has been said, ills manifest that the order, 
 while providing agiinst public danger, protects the freedom 
 aud purity of religion, on the one hand, Irom disgraceful 
 complicity with treason, and, on the other, from an irk- 
 some surveillance, which would otherwise become neces- 
 sary in time of public danger. 
 
 W. S. KO^ECRANS, 
 Major General. 
 To the Rev. J. B. Finlet, Stated Clerk, WestiheSter College, 
 
 Fulton, Missouri. 
 
 THE DEPARTMENT OF MISSISSIPPI. 
 1864, June 18— Col. B. G. Farrar, coimuand- 
 ing at Natchez, issued this order : 
 
 order of col. b. o. farrar. 
 Headquarters U. S. Forces, 
 
 NATCHhZ, Miss., June 18, 1864. 
 [SPEaAL Order, No. 31.] 
 
 Extract. 
 II. The Colonel commanding this district having been 
 officially notified that the psistors of many churches in this 
 city neglect to make any public recognition of allegiance 
 under which they live, and to which they are indebted for 
 protection, and further, that the regular form of prnyer for 
 '• the President of the United States, and ail others in 
 authority." prescribed by the ritu.al in some churches, .and 
 by establislied custom in others, has been omitted in the 
 stated services of churches of all denominations, it is 
 hereby 
 
 Ordered, That hereafter, the ministers of such chiirches 
 as may have the prescribed form of prayer for ihe President 
 of the United States, shall be read at each and i-very Ker- 
 vice in which it is required by the rubrics — and that those 
 of other denominations, which have no snch ff)rni — shall on 
 like occasions pronounce a pr.ayer appropriate to the time, 
 and expressive of a proper spirit toward the Chief Magis. 
 Irate of the United States. Any minister failing to comply 
 ^\'ith these orders, will be immediately prohibited from 
 exercising the functions of his office in this city — and ren- 
 der himself liable to be sent beyond the lines of the Uniied 
 States lorces — at the discretion of the Colonel commanding. 
 The Provost Marshal is charged with the execution of 
 this order. By command of 
 
 B. Q. FARRAR, 
 
 Colonel Commanding. 
 JAMES E. MONTGOMERY. 
 
 Capt. and Asyt. Adj. Gen. 
 
 PROTEST OF THE BISHOP OF NATCHEZ. 
 To Col. B. 6. Farrar, Commanding at iVatches: 
 
 Respected Sir : Returning to N.atchez from a portion of 
 my visitation, I have had communicated to me your Special 
 Order No. 31, d.ated June ISth, requiring all pastors of 
 churches to m.ako public recognition of their allci^ianco to 
 the government under which they live, and to which they 
 are indebted for protection; to pronounce a prayer appro- 
 priate to the times, and expressive of a i. roper spirit 
 towards the Chief Magistrate of the United Stales. I have 
 had some personal interviews with you in ref-r.aice to thi.s 
 Order, aud so has the Vicar General, Very Rev'd M. Ori;;- 
 non. We both take the occasion to express our thanks for 
 the politeness wo have experienced from you on all these 
 occiusions. 
 
 Indeed, the intercourse of our clergy with the Command- 
 ers at Natchez, and the officers associated with them, ha.s 
 been generally agreeable, and we all offer our thanks. I 
 must mention in particular Major General Crorker, for one 
 conspicuous act of his, directing the entire rcsto.ation of 
 the fence around our cemetery when it had lieeii destroyed. 
 Our orphans, likewise, have experienced their goodness in 
 receiving supplies from the Commis.s,ary stores. It is true 
 that the presence of the army was the very cans' of their 
 needing this assistance, because it closed the ordinary 
 ohvunels of their rt-sources; but this does not c;ii!cel our 
 oldigations of gratitude towur Is the CoiiiiuiuhI'Ms Iicrc, and 
 the administration at W.i.hin-li.n. lor ihus allrvi iiiog the 
 miseries of war tnwanls tho,,. h-lpl-ss chM.lr.-n, and the 
 good sisters aud others who have kimlly cnm,. h.^iv to take 
 car.' of thoni. Tlieir pv.ayers are offorud up every ui^ht lor 
 all tlifir benefactors. 
 
APPENDIX. 
 
 539 
 
 With regard to the subject of this Special Order, I have 
 to state, that the prayers prescribed by our rulers are ia the 
 boolc callf'd the " Roman Missal," and among them there is 
 none that mentions, especially, any civil government. The 
 pniyers contained in our various English prayer books are 
 commonly approved of by individual bishops, simply as 
 containing nothing contniry to the teachings of the Cliurch, 
 but they are not part of our prescribed religious service. 
 
 In the Catholic Cathedral of Natchez, as I have informed 
 you, every morning we recite in English the Litany of the 
 Siiints, wherein we make express supplication for all Chris- 
 tian rulers, for peace and unity among all Christian people, 
 and for eternal good things to our benefactors; among 
 whom, certainly, are to be chiefly reckoned those to whom 
 we are indebted for protection. 
 
 Those prayers appear to you to be not sufficient to satisfy 
 the requisitions of this Special Order. 
 
 I have further informed you that a somewhat similar 
 order, or request, was made once before by tlie mili-ary 
 Commander at Natchez, that I then referred the matter to 
 higher authority, that the answer given was : Tliat we 
 should not be further molested on the subject, and that, in 
 fact, we were not molested again during the two months 
 which elapsed before the publication of the present Order. 
 I have also told you why the correspondence was not made 
 public. 
 
 Having this decision from higher authority, it appears to 
 me that the matter is not exactly open for discussion in 
 Natchez. The evidence I have given of such a decision 
 having been rendered, (though not official,) gives at least a 
 sufficient ground for suspension of any action under the 
 Order, until the same higher authority can be heard from, 
 and its instruction can be received in official form. 
 
 My respect, however, for the post you occupy, and your 
 personal claims to my regard, make it agreeable to mo to 
 give you all reasonable satisfaction, not by discussing the 
 question, but my making known to you the reasons, and 
 the sph-it which actuate mo in declining to comply. 
 
 I shall be glad, also, if you suffer this letter to be pub- 
 lished, to have my neighbors round nie, soldiers and civil- 
 ians, and most of all the flock under my c;u-e, to whom I 
 am bound to render good examples— I shall be glad to have 
 them underetiind the true spirit and motives of my conduct. 
 The more so, because false impressions have prevailed in 
 consequence of false reports having been circulated — some 
 of them intended to be complimentai-y, concerning my 
 language and conduct on the former occasion, above re- 
 ferred to. I take this opportunity of malcing it known, 
 whether it be accounted to my credit or my discredit, simply 
 as a fact, that I did not on that occasion use any words of 
 boldness, but I endeavored siuiplj' to express, in as pleasant 
 terms as I could command, the reasons why I ought not to 
 be expcctod to comply. 
 
 And I now expressly declare that my declining to sub- 
 mit to this Order is not intended as an expression of dis- 
 regard, or as dislike, towards any civil or military authority, 
 nor towards any person exercising such authority. It is 
 not intended as a manifestati >n of disloyalty, nor of 
 loyalty, nor of any person claiming power. It has no 
 political signification. It is simply of the Liljerty of the 
 Church to discharge her chvine functions, without inter- 
 ference fi'om other pei-sons. 
 
 And this, in a country where all religions are equal be- 
 fore the government, amounts to the same thing as the 
 liberty of the people, (not against God, but against the 
 State,) in peace and in war, lo choose for themselves their 
 religion, and their religious guides. 
 
 If an order like this were made by any other civil or 
 military authority that might be in command at Natchez, 
 it would be my duty to resist then as I resist now. 
 
 The chief reasons for resistance may bo reduced to these 
 two. One is, that religious worship ought to be directed 
 exclusively by religious authorities. I speak not of the 
 negative right of other powers to suppress acts of intended 
 and uiuviirrunted insult, of whicli there is no question here, 
 but of the positive ordering of prayers, sermons, cere- 
 monies, &c. 
 
 The other reason especial to the present case, is, that 
 Divine Worship being directed to God, it is not proper to 
 introduce anything into it for the purpose of exhibiting 
 our sentimeuts on temporal matters. This appears to be 
 uddri'j^siug our devotions to men instead of God. 
 
 Uut as I he weight of these two principles depends, with 
 most piTsons, on the political consequences and collateral 
 bearings, )f iidepartm-e from them,I beg you to have pa- 
 tieiicr if I judge that the iuterests intrusted to me by God, 
 wliicli are involved in this question, require of me asome- 
 what len^tby development. 
 
 It is to be observed that loyalty or disloyalty are, in 
 truth, pirsonal sentiments. Strictly speaking, they do not 
 bilon;; to aggregate bodies, but to tlie individuals wlio con- 
 stitute tlie Ijodies; and a recognition of allegiance uttered 
 by a priest in the presence of the cougi-ogation, would not 
 imply uuy profession made by one individual, which wud of 
 
 no force whatever as regarded any other individual. And 
 why— out of a whole community should one single person 
 bo required to make such profession? and the very person, 
 who by his office and his conduct, has tlie least of all to do 
 with civil, military, or political affairs — the priest. 
 
 If it should ever bo charged that I, or any priest of the 
 diocese, had in his conduct departed from his office, and 
 done anything injurious to the government, let the charge 
 bo stated and exauiined, let the individual be held respon- 
 sible for his own conduct like any other citizen, and let not 
 God's solemn worship be altered or interfered with on one 
 man's account. 
 
 Catholic Faith teaches that God appointed the Church to 
 direct men in the manner of worshipping Ilini — to tell 
 them when, and how, they ought to olTer their public 
 devotions — what outward forms and ceremonies arc suitable 
 and what prayers, and forms of prayer, are appropriate on, 
 public occasions. AHiether others regard this* as true or 
 false it is the doctrine of the Church, received from God, 
 like the doctrine of the Incarnation, or any other dogma. 
 It is essential to her existence; to renounce it would be to 
 declare herself an impostor. For a Bisliop to abandon it 
 would be to betray the solemn trust confided to him by 
 God — to sacrifice the eternal interests of the souls under his 
 c.ire. and to scandalize the whole Catholic Church through- 
 out the world. 
 
 Now, any acceptance on my part of this " Special Order" 
 would be, in my judgment, equivalent to aljandoning this 
 doctrine, by acknowledging tlie right of others than tbe 
 Cliurch to tjike share in the direction of Divine Worship. 
 
 This Order requires us to introduce a totally now element 
 into our Sacred Worship, viz: the public profesbion of tem- 
 poral allegiance to the constituted authorities liy a prayer 
 to be pronounced professedly for this end. 
 
 I have no hesitation to express, not in words only, but 
 in the sincerity of my mind, all respect for his Excellency, 
 the President of the United States, and to profess cheerful 
 obedience to his government in all things lawful ^^-hile 
 I live under it and enjoy its protection ; and this without 
 any questioning as to his personal merits, simply because 
 he id the Chief Magistrate, and my religion teaches mo to 
 respect all who are in authority, because authority is from 
 God. Whether the possessor of it be designated by election 
 or any other means, whatever legitimate authority he pos- 
 sesses, it is from God who gives it to him, and my resiiect 
 for all those wlio hold authority is a part of my respect for 
 God, and a part of my religion. The same I say of all civil 
 governments in the world. 
 
 But thedesignating of an individual by his name, or by 
 a special title, is not a part of my worship of God. And 
 though if it woidd assist to e.xcite devotion, it might I>e 
 done innocently, and even laudably, when there would be 
 no danjier of its being misunderstood ; yet to do it, not for 
 exciting feelings of devotion, but avowedly for the purpose 
 of malting profession of allegiance, and when it would be 
 understood as acknowledging a. right on the part of the 
 secular powers, civil or military, to interfere in the ar- 
 rangement of religious worship — this would, to my mind, 
 be a criminal betrayal of my sacred trust, and a deep in- 
 jury to the Church, in which alone are nij' hopes of eternal 
 salvation. 
 
 Further, this Order asserts the right of requiring us if 
 necessary, to compose entirely new prayers, appropriate to 
 the times, and '• expressive of a proper spirit towards the 
 Chief Magistrate ol the United States." 
 
 This necessarily implies a right in the Commander to 
 judge wh;it times, and what emergencies are worthy of new 
 and appropriate prayers, and what spirit our pr:i,vii-s must 
 be expressive of; and consequently, a right to insjiect our 
 prayers, and to make such alterations as ho jud,J:i s neces- 
 sary to render them appropriate and sufficiently expressive. 
 This is no extravagant conclusion of mind. You are in 
 this very case claiming to exercise this right ; lor I have 
 told you that we are reciting prayers which I, as Bishop, 
 judge to be appropriate, and expressive of the proper spirit 
 towards our rulers. 
 
 You, as .military Commander, judge that they do not 
 answer the purpose, and you require me to recite new ones, 
 or to add to these in such a way that they may meet your 
 judgment. 
 
 I gladly bear testimony that I see in you no desire to em- 
 barrass us; on the contrary, you are disposed to be as for- 
 bearinga^ possible, consistently with your claim. 
 
 You would be satisfied with very little — a few words — 
 perhaps a single word— but you insist upon that word. 
 Why is so much importance attached to the utterance of a 
 word? Manifestly, because you feel as 1 do, that the 
 utterance of that wonl wnild be the acknowied- -ment of 
 a principle. That iiiinriplf would be, tliat our Divine 
 Worship is a pioiHP ori i-i in for professions of alh gianco, 
 and that th<- military l'oiiiin:inder h;is a right to require 
 the recital of prayers wliiili he judges approjiriite to the 
 times and exjuessive of the proper spirit. 
 
 This right once admitted iu a miliUiry Commander, he 
 
540 
 
 APPENDIX. 
 
 will himself ho the jndgo of when and how to exercise it. 
 Your gooil will and moderation will be no rule for another, 
 wlii'tlur at Natchez or elsewhere. The few words which 
 will satislv you uiay appear to him to be an evasion, and if 
 ho thinks they are, it will bo his duty to require more. 
 Now, if other events arise which he judges of sufficient 
 importance to require new prayers appropriate to the new 
 times, it will be his duty to demand them. There will be 
 still more reason for exercising this right, with regard to 
 our sermons and instructions than with regard to our 
 prayers ; and there is nothing to hinder him from applying 
 it, likewise, to our ceremonies. 
 
 And there have been already indications of a disposition 
 to extend this interference to the pulpit and the ceremonies. 
 I have heard of the clergy being called on to publish from 
 the pulpit the proclamation of the civil power. Happily 
 the Commander was a gentleman of clear mind, and mod- 
 eration, and ho acquiesced in the reply made to him, that 
 the pulpit was not the organ of communication between 
 the civil powers and the people. But, if he possessed the 
 right which this Special Order implies, he might equally 
 have refused to acquiesce, and have insisted upon the read- 
 ing of that, or any other civil or military document, which 
 he should judge itsuitable to have communicated through 
 the pulpit. 
 
 And with reg.ard to the ceremonies, I have been told that 
 some p.ipers were hinting, if not openly declaring, that 
 various clergymen, in different churches, ought to be made 
 to suffer for not celebrating certain feasts and fasts ap- 
 pointed by the Government, or rather, for not holding their 
 Divine Service at the hours, and with the degree of solem- 
 nity, which the editor judged suitable. 
 
 Progress is very rapid in this country, especially in time 
 of war, and what is thrown out to-day as a hint by a single 
 paper, m.ay in a few niontlie become a common clamor, 
 and an established rule. 
 
 And obser\'e that this right of interference with the 
 Church's worship of God, would be exercised .in this 
 country by men who acknowledge no responsibility to 
 her rule, and profess no acquaintance with her laws and 
 liturgy. 
 
 This consideration is a general answer to all such argu- 
 ments as might be drawn from any practices in Catholic 
 countries, practices, not imposed by military authority, but 
 dictated by the Church itself, of her own accord, and 
 guarded .against danger of abuse by her enactments — on- 
 actments which the civil authority engages to enforce. 
 
 Still more, a right of this kind can be as sternly claimed, 
 and as rigorously enforced by one military atithority as l)y 
 another. The priests in other p.arts of this diocese (which 
 comprises the entire State ofVUississippi,) or myself, while 
 discharging my Episcopal visitation in those parts, could 
 equally be called on to invoke God's assistance for the 
 enemies of the United States. 
 
 And now, in simple, honest truth, what would such con- 
 tradictory prayers be worth? and what would either or 
 both powers have gained when they had extorted a ptiblic 
 pronouncing of them ? As praj'crs to God, they would be 
 a mockery, and as professions of allegiance, I repeat it, they 
 are no part of Catholic worship, and I ciinnot consent tn 
 introduce them into it. The entire freedom of the Church 
 to direct her own Divine worship is not, I believe, a pecu- 
 liar claim of the Catholic Church. If I am rightly in- 
 firmed, nearly all denominations have likewise claimed it, 
 wliethcr all of them have exercised it at all times or not. 
 It h;is always 1»hmi the boast of some of the New England 
 Colonies, tliat tliey were founded by men who left their 
 bonus rather than brook the interference of the State 
 with their manner of worshipping God; and if some of 
 them are charged willi aftcrwaiils persecuting men for con- 
 science's sake, even thin, it li.is been said,it was not an exer- 
 cise of the State's antlunity (jver the Church, but rather 
 the Church was directing the St.-ite to drive out what the 
 Church believed to be false worship. 
 
 And this liberty of the Church to direct Divine worship 
 has alw.ays been recogni/.ed by th(' State. I need not quote 
 to you tlie well known clatise cjf the Constitution of the 
 United States, prohibitin;,' Ooiv^rcss from any interference 
 with the free exercise ol rclii;ious worship. 
 
 The illustrious General .lacksou, when President of the 
 United States, deterntined as he was in the exercise of his 
 authority to its fullest extent, .said he had no constitutional 
 power even to invite the jieoplo to observe an annual 
 'I'hanksgiving day. lie was to administer the civil govern- 
 ment, and to take no cognizance of the religion of tlio 
 people, except so far as topiolcct each oni?in following his 
 own, without molestation tVoni his ncighhors. 
 
 If later Presidents, exercising their own judgment in the 
 matter, have thought it well on especial enicrgeucies, as 
 in time of pestilence and of war, to call on all the people 
 to offer prayers on certain days, yet, as fitr as T know, they 
 have confined themselves to a simple invitation, and not 
 pretended to compel any one to comply. 
 Nor is tliero any reason in the cU-cumstances, why such 
 
 a power should bo claimed at this particular time. These 
 prayers are no necessity of war — no armies would be 
 strengthened or supplied, no enemy would bo weakened or 
 embarrassed, no friends would bo encouraged, no ojjponent 
 would be disheartened. 
 
 On the contrary, the effect would be to give pain and 
 alarm to many, and, most of all, to those wlxo have most 
 warmly espoused the cause of the Union, believing that it 
 wastho best.protection of their religious liberty; for, to a 
 true Christian, who has any faith and manliness in him, 
 the dearest of all liberties must be that of the exercise of 
 his religion. Country, Constitution, Union, Independence, 
 Flag, however warm sentiments any of these may awaken 
 in his heart, after all, they express in themselves but 
 temporal goods. The real value of these things is the pro- 
 tection and security they afford him while he is working 
 out the great end of his creation, the service of God, and 
 the saving of his immortal soul. " What loill it jnrnfit him 
 to gain the whole world, if he lose his own soul T' And 
 whatmust he care for the power and glory of his country, 
 if purchased at the sacrifice of the means given him to save 
 his soul? 
 
 And among those me.ans, in the opinion of most of 
 Christians, and in the absolute conviction, the Divine faith 
 of every Catholic, most conspicuous and efficient is the 
 (ihurcb, in the free exercise of all the duties imposed on 
 her by God. 
 
 If the country claims a right to interfere with her reli- 
 gious worship, it puts a shackle on her freedom, which 
 every earnest Catholic will feel as a deep wrong and a more 
 grievous injury than iron manacles upon his wrists. It 
 would be felt as an injury by numbers of persons in all the 
 walks of life, whoso past and present services to the United 
 States, rendered in various ways, do not deserve an injury 
 at the hands of Government. 
 
 I say this, not as a ground for claiming any privilege, 
 nor any exemption from just and reasonable laws, but 
 that you may better understand how widely extended and 
 how deeply unmerited would be the injustice of any inter- 
 ference with our religious worship. Allow me to mention, 
 not in any vain parade, but for the better understanding of 
 the bearing of this question, the Sisters of Charity, of 
 Mercy, of the Holy Cross, and all the other orders oi' re- 
 ligious Ladies, who have been for three years wearing out 
 their willing lives in the military hospitals — ladies from 
 Mississippi, jjouisiana, and SouthCarolina, by llio side of 
 ladies Ironi Massachusetts and Illinois — who have s.aved so 
 many lives, and comrorted so many deaths. That pleasant 
 smile of theirs, that cheery word, which lifts up the heart 
 of a poor, sulfcriiig soldier, and gives him more strength 
 than medicines or food; it reaches his heart, because it 
 comes from theirs; and what smile can their hearts give, 
 when they know that those very soldiers, whoso lives they 
 are saving, may be employed to close their churches, and 
 to conduct their bishops and priests beyond the lines, bo- 
 cause they will not acknowledge the right of the civil gov- 
 ernment to alter their religious worship? 
 
 And, in truth, what is it that makes such women ? that 
 inluses into their hearts tliat heroic charity, and that re- 
 ligious tenderness? It is the very freedom which the 
 Church enjoys to train her children with such devotions 
 and religious practices as she judges to bo most beneficial 
 to their souls,' according to their circumstances and their 
 states of life, without interference from any human power. 
 
 Once make the Church a subject of the State in spiritual 
 fnnctions, and she is no longer a living Church of the 
 Holy Ghost, infusing into her children the life of Catholic 
 charity ; she becomes a kind of pions branch of police. 
 
 And we, the Catholic clergy of this Diocese of Natchez, 
 have done nothing to merit molestation IVom tlu^ United 
 States Government. AVe have never lent our iiulilic advo- 
 cacy nor our private intluence to its injury, neitlier before 
 nor since the war began. 1 have never preaclied a political 
 sermon, and never advised any one, neither in iiulilicnorin 
 private, neither directly nor indirectly, to join .my army, 
 nor to give a vote for or against any ot Uie measures wliich 
 led to the present war; and, to the best of my knowledge, 
 all the priests of the Diocese have likewise kept themselves 
 free from political entanglements. Not that w<' had not the 
 right, like other citi/.eus, to take an active part in i)olitics 
 if we chose, but, having dedicated ourselves ]ii iniarily to 
 the care of souls, we endeavored to follow the line (jf con- 
 duct recgmmended to the clergy by all the bishops of this 
 province, in the Council of New (Orleans, held in .lannary, 
 1856, in these words of their pastoral letter: " It is hardly 
 necessary for us to r<iniiid ycju that you are to confine 
 yourself to the spiritual guardianship of your respective 
 flocks, and within the liue of your ecclesiastical duties. 
 Leave to the i)oliticians the politics of the day Your busi- 
 ness is the salvation of souls and the interests of Jesus 
 Christ." Wo have tried accordingly to keep ourselves free 
 to render religious services to all who nnght desiri^ them, 
 whether jiermaiient members of our flocks, fhos<' neighbors 
 among whom we have been living, and to whom we are at- 
 
APPENDIX. 
 
 541 
 
 tached by natural as well ns by religious ties, or whether 
 tenipoi-ary sojourners, soldiers, or civilians, masturs and 
 servunts.wliito and colored — all who hiive immortal souls 
 have had equal claim upon our time and care when they 
 desirtd our religious services. 
 
 I shall conclude by mentioning facts, not for the purpose 
 of courting favor, but to let you understand the spirit 
 which the Church has given to priests, without makiug 
 professions of allegiance a portion of her religious worship, 
 and that you may judge whether the Government woiikl 
 giin auytliing of substantial good by interfering with the 
 Church's own way of teaching her children their duties to 
 their fellow-men. 
 
 One of the priests of this Diocese, one whom I most 
 esteemed and loved among them all, sacrificed his life for 
 the suldiers of the United States Army, in February of 
 1863. It was the Rev. Basil Elia. He asked my permis- 
 sion to go to the soldiers at Young's Point, and in that 
 neighborhood, opposite to Vicksbuig, because he had 
 heard that many were dying ther(^ without a priest. His 
 own statement was that a hundred Catholics were dy- 
 ing in a week. It was outside of my Diocese, and I had 
 use for his services at home ; yet I iipproved ot his going, 
 for the same reason he asked to go, i^iiniily Immihim. there 
 were so many there who wanted his as>i i.mrc. Ui-i inces- 
 sant fatigues and exposure soon bnnmht Ih.' inivailing 
 disease on himself. lie could not ]ir iu'liurd ti abandon 
 those poor souls until he was entirely pmstrated. lie was 
 carried to Memphis in March, and he (Ued there the 2(1 of 
 April. 
 
 Another priest, now at the Cathedral, is jnst recovering 
 his strcngtli after four months of sickness, brought on him 
 in spite of a rolmst constitution, by his attention to the 
 sick, chiefly those dying of the smallpox, almost all of thim 
 being either United States soldiers or poor colored people, 
 gathcreil at Natchez, on account of iis occupation by the 
 Unitei! States army. 
 
 Iniked, ever since the beginning of last August, the 
 ciiief portion of the labors of the Catholic clergy of Natchez 
 have been absorbed by thorn. For myself, tlnamh my 
 eiMscopal duties have been urgently demanding my at- 
 tfntinn, yet I have devoted much more time and labor to 
 t!ie United States soldiers and the colored peoi)le, during 
 the last ten mouths, than I ever gave to any sick before, 
 during all the eighteen years of my sacred mini.stry. 
 
 And there is a collateral point, which, perhaps, it would 
 be more dignified to leave unnoticed ; but, in tlii.s country, 
 it will be regarded asuecessary for ajnstaiiprcci.ition. The 
 labors of our priests have been rendend wjthoiit any ohap- 
 luin's salaries, or any other temporal reauineration. When 
 wo were obliged to keep three horses instead of one, the 
 commanders rendered us some assistance in that regard ; 
 but even that only multiplied our expenses, by the necessity 
 of providing for them. 
 
 Simply from a sense of religious duty, and in ace >rdance 
 wiih the spirit of the Church, we have labored along ; with 
 the blessing of God we sliall continue to labor, if you will 
 suffer us to do so witliout renouncing the Divine obligations 
 of the Church, from which alone our labors derive their 
 value. 
 
 Dut if j'ou demand of us, in the name of the civil or i 
 itary government, to alter our religious worship, the care 
 of which is intrusted by God to the Church alone, our 
 line of conduct is simply and clearlv marked out by the 
 Divine Author of both Church and State, and with the 
 assistance of Ilis Grace, we hope to adhere to it. " Render 
 tn CiLsiir tJic things that arc Caesar's, and to God the things 
 that are Gods." 
 
 1 have the honor to remain, respected Sir, with all con- 
 sideration, your obedient servant, 
 
 fWM. HENRY ELDER, 
 
 Bishnp of Natchez. 
 
 St. M.\ry's Cathedral, Natchez, Ju/y 13, IS&l. 
 
 July 22 — Brigadier General Mason Bray man 
 issued t. is order : 
 
 headliuarteks united states fokces, 
 
 Natchi-z, Miss., J^m/^ 22, 1864. 
 [Special Order No. 11.] 
 
 Extract. 
 
 V. — ^It appears that while the country was at peace 
 William Henry Elder, Bishop of Natchez, caused to be 
 read as a portion of the proper and recognized religious 
 f ervice of the Roman Catholic Church witiin his ecclesias- 
 tical jurisdiction, the usu;il prayer for the President of the 
 United States, &c., whereby was signified and taught a true 
 and loyal spirit towards the Government and authorities of 
 the Uiiil'd States, and a pious desire for the prosperity and 
 maintenance thereof. 
 
 It finUier appears, that after the establishment of the 
 pretended Government of the " Confederate" States of 
 America, iu violation of the Constitution and laws of the 
 
 United States, and in treasonable and armed rebellion 
 against the same, the said William Henry Elder, Bishop of 
 >atchez, did cause to be abolished and stricken from the 
 proper and usual service of the Roman Catholic Church, 
 within his ecclesiastical jmisdirtiiu, the prayer for the 
 President of the United Stated, Ac,, nnd .lid substitute and 
 cause to be read iu place tin ic,,| ;, lik,. |,iayerfor the Pres- 
 iilent of the pretended "Conl il( rati" ^sintVs, &c., whereby 
 he publicly renounced his allegiance to the Government of 
 the United States, and declared allegiance to a power then 
 iu armed resistance against the same, and compassing its 
 overthrow: such act being in violation of his duty as a citi- 
 zen of the United States, and of evil exampletothcm under 
 his ecclesiastical autli..iity, h.- vvrll kiiuwing that thereby 
 was instinat.'d and pioiiK.tcd ri'b(dlii>u and armed hostility 
 against the lawlulauthurity ofth.' United States. 
 
 It furthermore! appears, that <ai lli.' isih of June wWmo, 
 a Special Order (No. 31) was i-su.d I'V tlie officer then com- 
 manding the United Stiites I.'icls at Xatcbcz, requiring that 
 the prayer for the President of the United States, ic, 
 should be restored and appropriately read as part of Divino 
 Service, (as had been the custom aforetime in the Roman 
 Catholic Church at Natchez.) 
 
 The said William Henry Elder, Bishop of Natchez, being 
 still in rebellion against the United States, and ill disposed 
 towards the government thereof— not having repented of 
 nor retracted his treasonable conduct and teachings its 
 aforesaid, but on the contrary repudiating and denying the 
 authority of the Government and its olBcers in that behalf; 
 and having for a long time, though frequently warned, con- 
 tumaciously refused, and still utterly refusing obedience to 
 said order, thus encouraging the people under his authority 
 in treasonable practices, and impairing the force of discip- 
 line! It is therefore ordered : 
 
 First. That the said William Henry Elder, Bishop of 
 Natchez, be expelled from the lines of the Army of the 
 United States, not to return without permission, on pain of 
 imprisonment, during the continuance of the rebellion. 
 
 Second. That the Provost Marshal close, and hold military 
 possession of, St. M.ary's C'athe<lral, situated in the city of 
 Natchez, andall other housesorplacesof worship within this 
 commai d, and under the ecclesiastical j urisdiction of the said 
 Bishop William II. Elder, in which the prayer for the Pres- 
 ident of the United States has heretofore been, but is not 
 now, read. 
 
 Inasmuch, however, as the said William Henry Elder, 
 has requested in a respectl"ul manner, that any action under 
 said order No 31, be suspeuded "until communication can 
 be had with the authorities at Washington :" It is further 
 ordend : 
 
 That action under said order No. SI, and the paragraphs 
 "First'' and '^SrxonU" of this order be accordingly sus- 
 pended until further orders; and that, in the meantime, the 
 Provost Marshal af Natchez, cause the said William II. 
 Elil.-r, Hi h"]) Ml' Natchez, to report in person, within twen- 
 tvi.iiiiM Jl) liMius after receiving a copy of this order, tn 
 ihc Olli.-. 1- cuiumauding the U. S. forces at Vidalia, and 
 remain within his )iiilitary lines under penalty of the im- 
 mediate execution of the order before named . 
 
 The Provost Marfhal at Natchez and Vid.alia, respec- 
 tively, will see to the strict observance of this order. 
 By order of Brig. Gen. M. Brayman : 
 
 J. II. ODLIN, 
 Captain and Ass't Adjutant General. 
 
 August 12 — Gen. Brayman issued the fol- 
 lowing: 
 
 HEADQTI.iRTERS UNITED STATES FORCES, 
 
 Natchez, Miss., August 12, 1S64. 
 [Special Order No. 31.] 
 
 Military authority having been for the time vindicated, 
 so much of Special Order No. 11 as requires Rev. William 
 Henry Elder, Bishop of Natchez, to remain within the mili- 
 tary lines of the post of Vidalia, (La.,) is suspended, ami 
 he may return to his homeand duties until the pleasure of 
 the War Department be known iu his case. 
 
 And as all solemn appeals to the Supreme Being, not 
 proceeding from honest hearts ami willing minds, are ne- 
 cessarily offensive to llim. and subversive of sound moral- 
 ity, so much of Special Order No. 31, June 18, 1864, as re- 
 quires public prayer to be pronounced in behalf of the 
 President of the United States and the Union is suspended 
 until further orders; leaving all persons conducting divine 
 worship at liberty to mmilostsuch measure of hostility as 
 they may feel against tbcCnvcrnment and Union of these 
 States, and their sympathy with the rebellion, by omitting 
 such supplication, it so minded. 
 
 By order of Brig. Gen. M. Brayman: 
 
 J. 11. ODLIN, 
 Assistant Adjutant General. 
 
 The case, on reaching Washington, was re- 
 ferred to Major General Cauby, Commanding 
 
542 
 
 APPENDIX. 
 
 DeDartmpnt. bv whom no further action appears 1 such are pntitled and should receive stioh consideraHon 
 
 to have been t; 
 
 THE DEPARTMENT OF THE GULF. 
 
 ORBEKS OF MAJOR GENERAL BUTLER. 
 
 New Orleans, May 13, 1862. 
 [Gejteral Okber No. 27.] 
 
 It having come to the knowledge of the commanding 
 general that Friday next is observed as a day of fasting and 
 prayer, in obedience to fonie supposed proclamation of one 
 Jefferson Davis, in the several (-hurches of this city, it is 
 ordered that no such observance be had. 
 
 Churches and religious houses are to bo kept open as in 
 time of profound peace, but no religious exercises are to bo 
 had upon the supposed authority above mentioned. 
 By commanil of Major General Butler. 
 
 OrnCE JIlLITABT COMMAXBANT NEW ORLEANS, 
 
 City Hail, Ma)/ 28, 1862. 
 [Gejteral Orders.] 
 
 Hereafter, in the churches in the city-«f New Orleans, 
 pr.iyer will not he ofi'cred up fir the destruction of the 
 t nion or ConstitutioTi of tlie United States, for the success 
 of rebel armies, for the Confederate States, so-called, nr any 
 oiricers of the same, civil or military, in their oiBcial ca- 
 pacity. 
 
 While protection will be afforded to all churches, religious 
 houses and establishments, and religious services are to be 
 held as in timeof profound peace, this protection will not be 
 allowed to be perverted to the upholding of treason, or ad- 
 vocacy of it in any form. V>'here thus perverted, it will 
 be withdrawn. 
 
 Q. F. SHEPLEY, Military Commandant. 
 
 Rev. Drs. Leacock and Goodrich, and Mr. 
 Fulton, of the Episcopal churches, declined 
 to read the prayer for the President of the 
 United States; and they were sent to New 
 York by the next steamer. Some weeks after, 
 tbey retiinied to New Orleans, but, Gen. Banks 
 requiring the oath of allegiance as a condition 
 of landing, they returned to New York. 
 
 DEPARTMENT OF THE TENNESSEE. 
 
 ORDEES OF MILITARY GOVERNOR .A.NDREW JOHN- 
 SON. 
 
 State of Tennessee, Executive Department, 
 NAsnviiLE,./u«e 28, 1862. 
 Lieut.-Col. Fv. W. McClain, Acting Provost Marslial: 
 
 Sir: Rev. Drs. Ily well, Ford, Sehon, Sawrie, and Bald- 
 win are under arrest, and they are hereby placed in your 
 custody. 
 
 Should they desire to give evidence of their loyalty by 
 taking the oath of allegiiince and giving their individual 
 bonds in the sum of $o,000 each for tiio faithful observance 
 thereof, they will be permitted to do so, and their reiease 
 ordered accordingly. 
 
 If, however, it is their determination not to give such 
 evidence of loyalty, they will be committed to prison, there 
 to remain until arrangement;^ are completed fur their 
 transportation South, beyond the federal lines, there to be 
 left, with thedisliuct understanding that if they recrossor 
 come again within said lines during the existing rebellion, 
 they will be considered spies and dealt with accordingly. 
 Very respectfully, 
 
 ANDREW JOHNSON, Military Governor. 
 
 Executive Department, June 28, 1862. 
 Lient-Col. McClain, Acting Prmost Marshal: 
 
 Sir : I have to request that you will issue stringent or- 
 ders prohibiting all visitors to the members ol the clergy 
 this day sent as prisoners to the penitentiary, except such 
 as have special permission from me for that purpose; and 
 I would add, this privilege should bo granted only for good 
 and sufficient reasons. I would susgest that no encour- 
 agement should be given to thatsecession spirit and feeling 
 which are manifested by numerous offerings of delicacies, 
 &c., by sympathi/.iug rebel friends. 
 
 These men were not sent to the jienitentiary there to be 
 kept as objects of especial attention from traitors, nor to 
 be lionized by a class of people, who', if properly dealt with, 
 won d bo allowed the privilege of expres^ing their sym- 
 pathy only within the same place of confinement. 
 
 They are there aa euemiea of our Uovernmeut, and as 
 
 only as attaches to a (jersou guilty of so infamous ac 
 Very respectfully, 
 
 ANDREW JOHNSON, Military Governor. 
 On the 29th of June Rev. C. D. Elliott and 
 Dr. Cheatham were arrested and ser t to the 
 penitentiary. All of these ministers, except 
 Dr Howell, were subsequently sent through 
 the lines. 
 
 THE DEPARTMENT OF VIRGINIA. 
 
 ORDER OF BRIG. GEN. WILD, AT NORIOLK. 
 
 Norfolk, Va., Feb. 11, 1S64. 
 [General Orders No. 3.] 
 
 All places of public worship in Norfolk and Portsmouth 
 are hereby placed under the control of the provost mar- 
 shals of Norfolk and Portsmouth respectively, who shall 
 see the pulpits properly filled by displacing, when neces- 
 sary, the present incumbents, and substituting men of 
 known loyalty and the same sectarian denomination, either 
 military or civil, subject to the ajiproviil of the commanding 
 general. They shall see that all churches are oi)en freely 
 to all officers and soldiers, white or colored, at the nsnal 
 hour of worship, and at other times, if desired; and they 
 shall see that no insult or indignity bo offerel to them, 
 either by word, look, or gesture on the part of the congre- 
 gation. The necessary expenses will be levied .as far as 
 possible, in accordance with the iirevious usages or regula- 
 tions of each congregation respectively. 
 
 No property shall be removed, either public or private, 
 without permission from these headquarters. 
 
 By command of Brigadier General E. A. Wild. 
 
 CASE OF REV. JAMES D. ARMSTRONG. 
 
 War Department, Bureau of Military Justice, 
 
 April GO, 1864: 
 To Hon. E. M. Stanton, Secretary of War: 
 
 In the case of Rev. James D. Armstrong, of Norfolk, 
 Va., I have the honor to submit the folluwing report : 
 I This person having been placed at hnrd labor on the 
 puldic works by Major General Butler, in March last, as a 
 punishment for his disloyalty, an appeal in his behalf by 
 liissister, residing in Orange Co., New York, was addressed 
 to the Secretary, and the case thereupon, at the (•uggestiou 
 of this office, referred to General Butler for report. 
 
 From this report of the 9th inst., it appears that Arm- 
 strong, who has been for some years a Presbyterian clergj- 
 raan at Norfolk, took and subscribed about February hi.-t, 
 the oath of allegiance to the United States which is pub- 
 lished in General Order No. 49, of Headquarters of Depart- 
 ment of Virginia and North CaroIin.a, December 10,1803; 
 in which he '■ solemnly swore, in the presence of Almighty 
 God," a.s follows : That he would " henceforth faithfully sup- 
 port, protect and defend the Constitution of the United 
 States, .and the Union of the States thereunder;" that he 
 would "abide by and faithfully support :'ll acts of Congress 
 passed during "the existing rebellion with reference to 
 slaves;" also, "all proclamations of the President of the 
 United States made during the rebellion, having reference 
 to slaves." 
 
 And further, he gave his " solemn parole of honor (to be 
 enforced according to military law)" that he would "hold no 
 correspondence with or afford any aid or comfort to any 
 enenyies or opposers of the United States, save as an act of 
 humanity." 
 
 And he further " solemnly declared that this oath and 
 parole were taken ami given fully and willingly, and with- 
 out any mental reservation or evasion whatever, and with 
 full intention to keep the same." 
 
 It being suspected however, that he had practically 
 violated this oath, &c., and w.as a disloyal and dangerous 
 pers(m, Armstrong was summoned before an aide-de-camp 
 of the General commanding, and subsequently before the 
 General himself, .and subjected to an examination in 
 regard to his feelings, sympathies and actions as a man of 
 professed loyalty. 
 
 From his answers to the questions addressed to him, it 
 fully appears as follows: That he took the oath in .accord- 
 ance with the Scriptural injunction to obey the " powers 
 that be," and with the inteniion of keeping it as far as his 
 actions vrcro concerned; but that at the same time he could 
 not control hU /'dings. 
 
 That when a friend of his, in coming outof the Custom 
 Ilouseat Norfolk, after both had taken the oath together, 
 exclaimed th.at he "would like to spit upon the Northern 
 Yankees," he did not rebuke him, because he considered that 
 he took the oath" with the same view a-s himself." 
 
 That his sympathies have always been with the rebels. 
 That ho thinks the South entirely justified in beginning 
 
APPENDIX. 
 
 543 
 
 and continuing the war; and believes th.it the Confed- 
 eracy should be recognized as anindepeiidentOovernmeut. 
 
 That he does not regard Ji.'fferson Davis and his as- 
 sociates as traitors, or as deserving any punishment. 
 
 That he believes that human slavery is sanctioned by the 
 Bible. 
 
 That he has never opened his church on the days of fast 
 or thanksgiving appointed by the President, but has 
 opened it for meetings of prayer on days designated by Da- 
 vis, of the so-called Southern Confederacy ; that he has de- 
 termined never to pray that the President or the military, 
 Ac, authorities may be successful in putting an end to tlie 
 rebellion ; that since the war he has never preached a ser- 
 mon in his church fiivorable to the Union cause ; and that 
 he would never allow any other minister to pray there fur 
 tbe Union and against (lie rebels; but that he has himself 
 praved for '• the authorities over us," meaning the President 
 of tiie United States, &c. 
 
 That he did not regret the federal loss at Smithfield a few 
 weeks since. 
 
 From these admissions, which constitnte the only evi- 
 dence presented, it would appear that Armstrong, except in 
 the case of calling prayer meetings in his church in obedi- 
 ence to the requirements of the rebel Davis, has not com- 
 mitted what are commonly regarded overt acts of positive 
 disloyalty, but has violated his oath rather in sentiment 
 and feeling than in the open expi ession, by language or 
 deed, of hostility to our Government. There is, however, 
 doubtless enough in these adniissions to ronvict the party 
 before a military tribunal of a technical violation of his 
 oath, and probably other testimony could bo procured 
 which would present his guilt in a still more decided form. 
 As to his perfidy and bitter disloj-alty there can be no 
 question. 
 
 In regard to Maj. Gen. Cutler's manner of treatment in this 
 case, it is to be said, that while a temporary confinement of 
 a suspected party, preparatory to his beingbrought to trial, 
 or for other necessai\v purpose, is customary and allowable, 
 th^re is believed to" be no precedent in our service for the 
 imposition by a commanding general of a formal punish- 
 ment, and especially (as in the present case) of an infamous 
 punishment, without any trial whatever. The military 
 law, in providing a just and summary mode of trial, also 
 provides for the proper punishment of all military offences, 
 and the case must be extremely rare in which this law can- 
 not be more properly appealed to for the infliction of such 
 punishment than the will of the general commanding 
 
 It is advised, therefore, that Armstrong cither be brought 
 to trial by military commission for a \iolation of his oath 
 «nd parole of honor, or sent beyond our lines as a dangerous 
 character. General Butler represents that his society and 
 influence were more prejudicial to the interests of the 
 United States in his neighborhood than a company of rebel 
 cavalry would have been ; and his banishment to the ene- 
 my's country would be, not a punishment, but a measure of 
 police regulation sanctioned by the exigencies of war, and 
 most proper to be employed in the present instance. 
 t J. HOLT, 
 
 Judge Advocate General. 
 
 Proposed Action in Congress. 
 
 First Session, Thirty-eighth Congress, 
 18G4, March 31— Mr. Powell offered this 
 resolution : 
 
 Resolved, That the Secretary of War be directed to trans- 
 mit to the Senate all orders tliat have been issued from his 
 department, or by generals of the army of the United 
 States, authorizing any person or persons to take posses 
 sion of any church or churches, or house dedicated to the 
 worship of God, or house or property belonging to any 
 home or foreign mission society, or houses and properly 
 belonging to any denomination of Christians in the United 
 States; and that he inform the Senate liow many churches 
 and how much property, and of what kind and description, 
 has been taken posses-sion of in pursuance of said orders, 
 and where the same is situated, and to what denomination 
 of Christians the property so taken belonged. 
 
 April 5 — The resolution was tabled — yeas 
 27, nays 11, as follows: 
 
 Ye\s— Messrs. Anthony, Clark, Collamer, Conness, Dix- 
 on, Docilitllc, Fessenden, Foot, Grimes, Hale, Harding, Har- 
 lan, Harris, Howard, Howe, Lane of Indiana, Lane of Kan- 
 sas, Morgan, Morrill, Ramsey, Sherman, Sprague, Sumner, 
 Ten Eyck, Trumbull, Wade, Wilson— 27. 
 
 Nats — Messrs. Buckaleiv. Carlile, Cowan, Davif, Johnson, 
 Pomeroy, Powell, Middle, Saulsburi/, Van Winkle, \V illey — 
 16. 
 
 July 1 — Mr. Powell introduced this bill, 
 
 which was referred to the Commit'ee on the Ju- 
 diciary : 
 
 Be it enacted, <£c., That it shall not be lawful for the Se- 
 cretary of War, or any other person who, for the time being, 
 may be acting as Secretary of War, or any officer of tlie 
 army of the United States, or other person engaged in the 
 military service of the United States, to take charge of any 
 (hurch or house of public \v..r-!i;[>. in .my State or Territory 
 of the United States, witii i via .i .nsioissing a minister 
 therefrom, or of appointiuir u laihin r thereto, or installing 
 a minister therein; and that it slull not be lawful for the 
 Secretary of War, or any person for the time being who 
 may be acting as Secretary of War, or any officer of tho 
 army of the United States, by proclamation, order, or 
 othervWse, to appoint or designate any person or persons to 
 take charge of any church or house of public worship for 
 the puri)oses aforesaid. And the Secretary of War, or any 
 person who for the time being may be acting as Secretary 
 of War, or any officer of the army of the United States, or 
 other person engaged in the military service of the United 
 States, who violates this act, shall, for every such offence, 
 be liable to indictment as for a niLsdcmeanor, in any court 
 of the Unit d States having jurisdiction to hear, try, and 
 determine cases of misdemeanor ; and on conviction thereof 
 shall pay a fine not exceeding ten thousand doll.irs, and 
 suffer imprisonment in the penitentiary not more than ten 
 years at the discretion of the court trying the same. And 
 any person convicted as aforesaid shall moreover be dis- 
 (ju.dified from holding any office of honor, profit, or trust 
 under the Government of the United States. 
 
 Reconstruction of Churches. 
 
 CHURCHES IN UEW ORLEANS. 
 
 THE EPISCOPAL CHURCHKS. 
 ELe.u)QU.\kters Dep.^rtmext of the Gctlf, 
 OrricE OF Provost .Maesh.\l Ge.n-er.al, 
 New Orleans, June .3, 1S64. 
 To the Wardens and Vestrymen of St. Peter's Church: 
 
 By orders of the M.ajor General commanding, you will 
 please furnish me as follows : 
 
 1st. List of Wardens, A'estrymen, and Trustees, with date 
 and mode of appointment, and present residence. 
 
 2d. List of pew-holders, and others who have contributed 
 statedly to tho support of the Church, the rector, or the 
 officiating minister, with the amounts contributed by each, 
 and sums yet due; and the names of such other heads of 
 families, or other adults, who by their stated attendance 
 may have been regarded as members of the congregation 
 during the period aforesaid, with their places of residence. 
 3d. An account in detail of all financial transactions, and 
 the present pecuniary condition ( f the corporation, with an 
 inventory of church buildings and their valuation. 
 Very respectfully, 
 
 JA:\IES BOWEN, Bng. Gen., 
 Provost Marshal General, Departmeiil of the Gulf. 
 
 Headquarters Department of the Gulf, 
 Office of Pkovost Marshal General, 
 New Orleans, June 15, 1864. 
 Major George B. Drake, A. A. General : 
 
 In compliance with orders from Department Headquar- 
 ters, I respectfully report that the Episcopal Churches in 
 which the prayers for the President and Congress were not 
 reiid prior to 1st March, were, viz : 
 St. Paul's, 
 St. Peter's, 
 Trinity. 
 On the 1st March, alter due notice, I appointed the fol- 
 lowing Trustees in St. Peter's Church, in place of the War- 
 dens and Vestrymen : 
 
 AVm. Lewis, 
 
 John Brooks, ; 
 
 James Jackson, jf 
 
 Hein-y Houlgrone, '" 
 
 John lloulgioue. 
 
 By consent of the Post Chaplain, and with my approval, 
 
 the Rev. Mr. A. Vallas was authorized to act as the ..fficia- 
 
 ting clergyman. On the 9tli April the Rev. Mr. L. T J( s- 
 
 sup, clergyman of Trinity Church resigned, and the Kiv. 
 
 Mr. Vallas succeeded him. In both of tho cliurclies the 
 
 players I'ur the President and for Congress are read. The 
 
 Uiv. .Mr. Valhus officiates iu one in the morning and the 
 
 other in the evening. 
 
 The prayers for the President and for Congress were 
 omitted iu the L'ervices of St. Paul's Church till the lUth of 
 April. Since that date they have been read regularly by the 
 officiating clergyman, the Rev. Mr. Guion. 
 
 I f espectfully submit the papers of the Wardens of St. 
 Paul's and St. Peter's Churches, and the letters of the Rev. 
 
544 
 
 APPENDIX. 
 
 Mr. Vallas in respect to the financial condition of these 
 Cliurches. 
 
 I was informed by tho Kov. Dr. Newman, that at a small 
 Episcopal Church iu Algiers, contlucted by an alien clorgy- 
 man, the prayers for tho President and for Congress were 
 not read, and I directed tho church to be closed. 
 
 This is the only Episcopal church in Now Orleans, or in 
 its vicinity, iu which the above-mentioned prayers ai-e not 
 read. 
 
 I am, Major, very respectfully, your obedient servant, 
 JAMES BOWEN, Brig. Gen., 
 Prmiost Marshal General, Department of the Gulf. 
 
 PRESBYTERIAN CHURCHES. 
 
 To Brigadier General James Bowen, Provost Marshal Gen- 
 eral, Department nftlte Gulf: 
 
 We, tho undersigned, a Committee appointed by you to 
 " ascertain and report the names of the trustees of the sev- 
 eral Presbyterian and Baptist churches in this city, Algiers, 
 and Carroilton, and whether the t-ustees of these cliurches 
 have taken the oath of allegiance to the United States," &c., 
 do respectfully report : 
 
 That in accordance with said order, your Committee pro- 
 ceeded to tho performance of their duties, the result of 
 which is presented in a tabular form hereto annexed, to 
 which they refer for the particulars connected with said in- 
 vestigation as it respects the officers of said churches, their 
 present residence, their status as to loyalty, oath, &c. That 
 in the investigation which has been made by your Commit- 
 tee, commencing with tho First Presbyterian Church, they 
 report that this church was originally incorporated March 
 1, 1834, under tho corporate name of the "Presbyterian 
 Church of the City and Parish of New Orleans;" that on 
 the 28th of February, 1854, an amendment of said act was 
 passed, in which amended act tho title of said church was 
 changed to the " First Presbyterian Church and Congrega- 
 tion of the City and Parish of New Orleans," thatiu saidact 
 the second section thereof reads as follows : 
 
 "That said corporation shall have power to elect from 
 their own body, who own or rent pews in said church, 
 trustees to represent them in their temporal affairs or con- 
 cerns, and that the said trustees shiill consist of five, and 
 shall have power to make and establish, from time to time, 
 such by-laws and regulations as they shall judge pro])er for 
 the election of tlicir own (ptfieers, ' \d for sujjply ing the va- 
 cancies w hich may occur among the same, fi/r regulating tlie 
 time and pjares of meeting of said trustees or members 
 comp >sing said corpdratiiin, &c., and for the government 
 and man igomentof the temporal affairs of said corporation, 
 and generally for the transaction of all the temporal con- 
 cerns of said corporation of every kind : Provided, that 
 such b3'-law3 and regulations are not inconsistent with the 
 Constituiimi and Laws of the United Slates, or with those of 
 this State, or with the provisions of this act; andprovided, 
 aim, that no sale or other alienation of any of the property 
 of said corporation, except the pews of the church, shall be 
 valid and legal, without tho w rittcn concurrence and con- 
 sent of all the Chen ruling elders of tho said First Presby- 
 terian Church. 
 
 " Si:c. 3. That the said church shall be governed in its ec- 
 clesiiisticiil affairs by the doctrine, discipline, rules, and reg- 
 ulations of the Presbyterian Church of the United States, 
 known and designated as the Old School Presbyterian 
 Church, the General Assembly of which held its last an- 
 nual session in the City of Philadelphia and State of Peun- 
 sylvania.'-' 
 
 That the Rev. B. M. Palmer, of South Carolina, was in- 
 stalled as tho pastor of this church sometime in the year 
 1856, and continued so to act until some time in the year 
 1861, when he, together with a large number of the mem- 
 bers and congregation of said churcli, left for tho Confed- 
 eracy, and have not fcince returned ; that the relation of 
 said "pastor with said church hiis never been dissolved ; that 
 the said Palmer, as lato as about the month of May last, 
 attended a meeting of the so-called " General Assembly of 
 tho Confederate St.'ites," as the representative of said church; 
 that he, tugether with six out of eight of the ruling elders 
 of said church are "j-cWs,'' 'n the largest sense of that 
 word ; that of said elders there is only one reliable Union 
 man, to wit : J. A. Mabiu ; that of the "five trustees, one has 
 resigned; one is said to have acted with the Confederate 
 authorities in their action against northern men; that the 
 remaining trustees, though having taken the oith of alle- 
 giance to the United States, covertly act with the enemies 
 of that Government. 
 
 The pecuniary condition of the churcli is as follows : 
 There is a mortgage debt against the church of S10,000, 
 which is held by the I'reueli house of Rorhereau & Co., of 
 thiscily; the intei-est for the past time years is also due 
 and unpaid. Tho church properly is insured for thesum of 
 $70,000. 
 
 Vo;;r Committee further report, that tho Third Presbyte- 
 rian Church was incorporated and chartered iu the year 
 
 1847 or 1848 ; that your Committee have been unable toob- 
 tain tho precise date of said charter; that the said charter 
 contains the same provisions in relation to officers, organi- 
 zation and government as that of the First Presbyterian 
 Church; that in regard to said officers and their present 
 position, &c., your Committee refer to tho tabular state- 
 ment hereto annexed. 
 
 This church is encumbered with a debt of $10,000, so- 
 cured by mortgage in favor of the ho'-se of Rochereaxi & 
 Co., above referred to ; that there is also a debt of $2,000, 
 duo to the Citizen's Bank of this city, secured, as your Com- 
 mittee believe, by a mortgage ; that there is also a debt of 
 $1,000, due to a loyal lady named Miss Clark, a resident of 
 New York city ; that the said debts, with the interest there- 
 on, amount to about $15,000, most of which is due to dis- 
 loyal foreigners and citizens. 
 
 Your Committee further report that the Fourth Presby- 
 terian Church is an incorporated body under a charter sim- 
 ilar in all respects to that of the churches above mentioned. 
 Your Committee have been unable to ascertain the indebt- 
 edness of this church, but they are informed that there is a 
 debt existing against it in favor of the same parties who 
 hold the large incumbrances on the other churches above 
 mentioned. 
 
 Your Committee further report, that the church known 
 as the Prytania Street Presbyterian Church, in all respects 
 in the particulars above specified, is similarly situated aa 
 the other churches mentioned in this report. 
 
 Each of these churches, through its officers and a large 
 majority of its members, identified themselves with the ex- 
 isting rebellion, .attempting a disseverance from that loyal 
 body of men known as the " General Assembly of the Pres- 
 byterian Church," who, at its session in 1801, so nobly and 
 patriotically sustained our glorious Government and its au- 
 thority ; that shortly after that time these churches con- 
 nected themselves with what has been called the •' General 
 Assembly of the Confederate States," a body without any 
 right for its establishment or continuance, or tho recogni- 
 tion, if any, of any competent authority, having the power 
 so to do; that since the occupation of the city of New Or- 
 leans by the United States Government, these churches, 
 through some chicane and secret action, have each con- 
 stituted themselves into aa independent •Presbyterian 
 Church, thus attempting to carry out the false principle of 
 secession, and contrary to the charter under which they are 
 severally organized. 
 
 Your Committee would also state that these Churches, 
 except tho one known as the Second Presbyterian Church, 
 so far as their pulpit supply is concerned, are virtually v.a- 
 cant — that is, they have no regular or stated pastor ; that 
 they semetimes have services, conducted by laymen; that 
 there are many members of said churches of undoubted 
 loyalty, who strongly suspect most, if not all, the church 
 officers, who yet remain in this city and have not departed 
 for tho Confederacy and elsewhere, of strong sympathies for 
 the rebellion, which has produced so much terrible suffering 
 and devastation throughout our land; that these loyal 
 Presbyterians do not feel at home among these churches, • 
 and have often been insulted for their loyalty; that these 
 loyal people aro anxious to open these churches to inini.?- 
 ters of approved loyalty ; that applications have been made 
 to some of the disloyal and unworthy officers now connected 
 with said churches by loyal ministers of the Presbyterian 
 Church to allow them to officiate in their churches, and have 
 been refused. 
 
 Your Committee further report that these churches, 
 since their organization, have been connected with and rep- 
 resented in the General Assembly named in their respec- 
 tive charters, until just prior to the breaking out of the 
 said rebellion, when, without the consent or authority 
 of said Assembly, they dissevered themselves therefrom by 
 illegal and unauthorized proceedings on their part ; that 
 the said " General Assembly of the Presbytei-ian Church of 
 the United States of America," as the highest judicatory ol 
 said Church, under the 5th article of chapter 12 of the 
 Form of Government of said Church, has tho power " of re- 
 proving, warning, or bearing testimony against eiTor in 
 doctrine or immorality in practice in any church, presby- 
 tery, or synod ; of siiperintending the concerns of the whole 
 Church," &c., of which powers, your Committee believe, they 
 have never been deprived by any action of said churches, 
 and aro amply sufficient to enable thesaid Assemlily,at tho 
 proper time and through the proper representation, to deal 
 with the recusant members of their body and correct the 
 evils which have existed, and at present exist, but that it 
 is necessary for some other authority to take present ac- 
 tion with strong hand iu aid of loyalty, so that the neces- 
 sary proceedings may De initiated hy which said Assenildy 
 may obtain such information as will enable it to act upon 
 tho powers inherent therein, a portion of whicli aro aLova 
 specified. 
 
 Your Committee would also refer to tho annexeil order o( 
 the War Department in relation to the action ol ilo- mili- 
 tary oUicers of this and other dtinutmciits toucui uiim tu« 
 
APPENDIX. 
 
 54{ 
 
 cliurches of the Presbyterian denomination, which is be- 
 lieved by your Oouiniittee will authorize them to aocom- 
 ]ilish the result herein proposed, to wit: the immediate oc- 
 cupation of these churches by the persons specified in said 
 order, or any others duly authorized by said General As- 
 sembly, through whom those churches mny be re-organizod 
 by loyal officers, members, and conKrcgatiuus, and thus 
 bring about that consummation so devoutly to be wished, 
 viz: a resumption of tlie proper and Iegitim:;te authority of 
 said deuoniiuation, and thereby work a wholesome influ- 
 ence in favor of the noblest Government ever devised by 
 man. 
 
 All which is respectfully submitted. 
 
 KOliHra' II. SHANNON, 
 CHARLES STllONCr, 
 New Orleans, August 7, 186-1. Cummiltee. 
 
 War Department, 
 Assistant Adjutant Gkneral's OfficiJ, 
 
 Washington, March 10, 1864. 
 To the Oeneriils commanding the Military Division of the 
 
 Mississippi and the Departments of the Gulf, of the South, 
 and of Virginia and North Carolina, and all Generals and 
 officers commanding armies, detachments, and posts, and 
 all otficors in the service of the United States in the above 
 mentioned Departments. The Board of Domestic Missions 
 of the Presbyterian Church, and the Presbyterian Com- 
 mittee of Home Missions, enjoy the entire confidence of this 
 Department, and no doubt is entertained that all ministers 
 who may be appointed by them will bo entirely loyal. 
 
 You are expected to permit such ministers of the gospel, 
 bearing a commission of the "Board of Domestic Missions, 
 or of the Presbyterian Committee of Home Missions" of 
 the Presbyterian Church, who may convince you that their 
 commissions are genuine, to exercise the functions of their 
 olBce within your command, and to give them all the aid, 
 countenance and support which may be practicable, and in 
 your judgment proper, in the execution of their important 
 mission. 
 
 By order of the Secretary of War. 
 
 E. D. TOWNSEND, 
 Assistant Adjutant General. 
 
 Table referred to in the foregoing Report. 
 
 CHURCH AND LOCATION. 
 
 NAMES. 
 
 OFFICERS, 
 
 tc. 
 
 OATH. 
 
 WHERE NOW ARE. 
 
 REM-iRKS. 
 
 First Presbyterian Church, 
 opposite Lafayette Square.. 
 
 
 Pastor.... 
 Trustee ... 
 
 No... 
 Yes.. 
 
 Yes.. 
 
 Yes .. 
 Yes .. 
 Yes .. 
 Yes .. 
 No... 
 No... 
 No... 
 No ... 
 No... 
 No... 
 
 No... 
 
 Yes.. 
 Yes .. 
 Neut. 
 Oath. 
 Yes.. 
 No... 
 
 No ... 
 
 Yes.. 
 
 Yes.. 
 Yes.. 
 Yes.. 
 Yes.. 
 
 In the Confederacy. 
 
 
 
 Has resigned— resig- 
 nation not yet 
 accepted. 
 
 
 
 
 
 
 
 
 
 
 E H Wheeler 
 
 do 
 
 New Orleans 
 
 do 
 
 
 
 R. Elder.. 
 
 New Orleans. 
 
 
 
 
 
 
 Dr. W. Richardson 
 
 do 
 
 do 
 
 In the Confederacy. 
 In the Confederacy. 
 England . . 
 
 
 
 W P Campbell 
 
 do 
 
 By permission of Gen. 
 Butler. 
 
 
 John T. Hardy ...: 
 
 Wm. A. Bartlett 
 
 do 
 
 do 
 
 do 
 
 In the Confederacy. 
 In the Confederacy. 
 In the Confederacy. 
 
 In the Confederacy. 
 
 Sec'd Presbyterian Church, 
 comer of Calliope and 
 Prytania. 
 
 Third Presbyterian Church, 
 Royal street, opposite 
 
 This church is now in pos- 
 session of the military 
 authorities,and no names 
 could be obtained. 
 
 Pastor 
 
 Trustee... 
 
 This church belongs 
 to J. W. Stanton, 
 formerly of this 
 city, now in Con- 
 necticut. 
 
 
 
 
 
 J T Warner 
 
 New Orleans. 
 
 
 
 Geo. Heation 
 
 do 
 
 Elder 
 
 ... . do 
 
 
 
 
 
 
 
 In the Confederacy. 
 
 In the Confederacy.. 
 
 New Orleans. 
 
 New Orleans. 
 New Orleans. 
 New Orleans. 
 New Orleans. 
 
 
 Fourth Presbyterian Church 
 
 
 Pastor 
 
 Trustee &. 
 
 Elder. 
 do 
 
 Supposed to b» 
 preaching in Mobile. 
 
 
 
 
 Alex. McVicker 
 
 
 
 
 do 
 
 
 
 
 do 
 
 
 
 Wm. Wilson 
 
 do 
 
 
 
 
 do. ... 
 
 Could not obtain any 
 information about 
 
 It is sni)posed will 
 not return. 
 
 Prytania St. Church, corner 
 of Prytania and Jose- 
 
 
 Pastor 
 
 Trustee... 
 
 do 
 
 do. . 
 
 Yes .. 
 
 No... 
 Yes .. 
 No... 
 
 Yes.. 
 Yes.. 
 No... 
 Yes .. 
 
 Gone North some 
 
 weeks since. 
 In the Confederacy. 
 
 
 
 
 A. B. Griswold, Secretary... 
 Lewis Elkin 
 
 
 
 Said to be in Paris... 
 New Orleans 
 
 Runaway English- 
 man. 
 
 
 
 do 
 
 
 
 Elder 
 
 do 
 
 Rebel Sympathizer. 
 
 
 D. Hadden 
 
 In the Confederacy. 
 New York. 
 New York. 
 
 
 Elijah Peale 
 
 do 
 
 
 
 
 
 
 
 
 
 
 CHURCHKS IN EAST TENNESSEE. 
 
 On the 2d of September, 1864, a meeting of the Union 
 Presbytery was held in Knox county, attended by three 
 niinisterd and the lay representatives of twelve congreg.a- 
 tions, audit was unanimously resolved to dissolve their 
 conuection with the "United Synod of the Picsliyterian 
 riiiirrh," a pro-slavery denomination which originated, in 
 1857, liy secession from the New School Presbyterians, and 
 to reconnect themselves with the New School Presbyto- 
 35 
 
 rian General Assembly. This Presbytery eml)race3 about 
 00 churches with 2, too communicants, of whicli 20 are in 
 the counties of Blount, Knox, and Jefferson. Thomnjoritv 
 of the ministers of the Presbytery had, in 1857, eflect^d aii 
 ecclesiastical seces.sion wittmut con.sulting the congrega- 
 tions, and all of them wlio had advocated c hmxh sece-ision, 
 with but one exception, plunged into rebellion. In May, 
 1860, the disloyal majority, at a meeting of the Presbytery, 
 piussed a resolution, neither to license, nor to ordain, nor to 
 receive from another Presbytery, any man nut sympathiz- 
 
546 
 
 APPENDIX. 
 
 ing with the rebel Confederacy, or opposed to slaveholding. 
 There were then only four Union and loyal ministers be- 
 longing to the Presbytery, all of whom Were absent from 
 the meeting, and two of whom soon after died. The two 
 others, together with one who has recanted his rebel scr 
 timcnts, were the ministers present at this year's meeting, 
 of the Presbytery. Two new cierical members were added 
 to the Presbytery, one by ordination, and the other on 
 letter of dismission from a Congregational Association in 
 Michigan. 
 
 At a convention of loyal ministers and laymen of the 
 Ilolston Annual Conference of the Methodist Episcopal 
 Church South, held at Knoxville on August 17, lS6i, it 
 was resolved that the loyal members of the Conference 
 haveajust claim to all the church property; that they 
 really constitfite theSoutliern Methodist Church within the 
 bounds of the Holston Conference ; that they propose, at 
 the earliest day practicable, to transfer the same to the 
 Methodist Episcopal Church in the United States; and that 
 the ministers be instructed to propose to their congrega- 
 tions to go en masse to the Methodist Episcopal Church in 
 the United States. There are in the bounds of the Holston 
 Conference one hundred and twenty preachers known to be 
 loyal, and forty others supposed to bo true to the Union: 
 and it is thought, therefore, that the work of reconstruction 
 will be easily accomplished. 
 
 The Cumberland Presbyterians of the rebellious States, 
 though very numerous, have never succeeded in effecting a 
 separate church organization. Tlie delegates from East 
 Tennessee, at the General Assembly of the present year, 
 voted with the majority for resolutions demanding the 
 cessation of slavery in both Church and State. 
 
 TATESLEYAN METHODIST. 
 
 GENERAL CONFERENCE OF THE TVESLEYAN METHO- 
 DIST CONNECTION, 18G4. 
 
 June 1 — The body met at Adrian, Michigan. 
 June 4 — The Report of the Committee on 
 the State of the Country, Revs. W. H. Brews- 
 ter and A. Crooks, and E. Starbuck, layman, 
 was adopted, as follows : 
 
 Meeting as we do, a national body, at a time when a civil 
 war of unequalled magnitude, and fraught with conse- 
 quences, not only to this nation, but the world, without a 
 parallel, is raging; when the telegraphic wires stretchin 
 through this vast republic seem so many nerves of sensa- 
 tion unitingus with the fields of conflict where the na- 
 tion's life seems to depend upon success, or defeat, we 
 should be justly charged with ihdifferencc — with want of 
 patriotism, did we give no expression of views and feelings 
 upon the subject. 
 
 We desire humbly and gratefully to confess that, as a 
 nation, wo are in the hands of a merciful and just God, 
 who is dealing with us in the way of judgment for our 
 Bins, tempered with mercy, extorting from the nation the 
 confession, "IIow unsearchable are his judgments and his 
 Ways past finding out." 
 
 He who does not see that God is dealing with this nation, 
 is blind indeed. So striking are the evidences of the Di- 
 vine hand — so has God conducted us and overruled the 
 plans and purposes of men, bringing about results wo all 
 desired but which we should have failed to achieve had our 
 wished for success in the earlier struggles been realized, 
 thatin our reverses, not less than in our victories, we re- 
 cognize the unsearchable wisdom, justice and goodness of 
 God. Ilis justice afflicts us, that we may humble ourselves 
 and repent of our sins, and bo willing to surrender the 
 hateful cause of this rebellion, while his mercy spares us, 
 that we may yet be a people to his praise. 
 
 We rejoice, that contrary to the wishes of the President 
 — in spite of political parties — iu spite of the influence of 
 the border States, the war has become a war for freedom on 
 the one hand, and for the establishment of slavery on 
 the other; andbefoi-e the nations of the earth, and before 
 God we are obliged to accept this issue. We bow with 
 adoring wonder before the sublimity and grandeur of the 
 onward sweep of Divine Providence in the events now 
 transpiring among us. 
 
 We recognize with gratitude to Almighty God the re- 
 markable change of national sentiment upon the subject 
 of slavery, and the rights of colored persons. " It is the 
 Lord's doings and marvelous in our eyes," and one of those 
 results reconciling us to the sacrifices of life, and the other 
 evils incident to this war. Every blow struck by the Union 
 army, is a blow for liberty, every victory over the rebels, 
 is a victory in behalf of liberty; and the advance of our 
 army, is the onward march of freedom into the heart of 
 despotism, and our success is a triumph in behalf of liberty 
 for all races of men. 
 
 ICesolved, — That the war being a judgment of God upon 
 
 the nation for national sins, pride, infidelity, and oppres- 
 sion, the only way to permanent peace and prosperity, is 
 through national repentance. 
 
 iiesofucrf,— That we accept civil war in the course of Di- 
 vine Providence as a result of national crimes, while its 
 horrors of bloodshed and savage cruelty have deepened our 
 purpose to labor and pray for that period when the nations 
 of tlie earth shall learn war no more. 
 
 MesoJvrd,— That in the spirit of patriots and christians, 
 we affirm for ourselves and our churches, our unqualified 
 loyalty to the Government, and our reaiUness to endure 
 and m:ike all the sacrifices necessary to the overthrow of 
 the rebellion, and the destruction of slavery, its guilty 
 cauiie, 
 
 W. n. BREWSTER, 
 ADAM CIIOOICS, 
 EDWARD STARBUCK, 
 Committee. 
 
 Rev. J. Watson, voting against, in brief re- 
 marks stated that he was opposed to war at any 
 time. 
 
 June 7— The Report of the Committee to 
 draft an address to the President of the United 
 States — Revs. W. H. Brewster, Henry Norton, 
 and W. W. Lyle, and Joseph Parrish, and C. G. 
 Case, laymen — was adopted as follows : 
 
 Adrian College, Adrian, Mich.. June 6, 1864. 
 To nis Excellency Abraham Lincoln, President of the Uni- 
 ted States : 
 
 The General Conference of the Wesleyan Methodist Con- 
 nection of America, convened at Adrian, Michigan, in its 
 Quadrennial Assembly deems it fit and proper in its asso- 
 ciateil capacity, to extend to you its christian greeting. 
 
 And first of all, as an assembly of christian ministers and 
 laymen, we desire to say to you as the Chief Magistrate of 
 the Nation, "May grace, mercy, and peace from God our 
 Father, and from the Lord Jesus Christ rest upon you." In 
 common with all the truly loyal of our citizens we have 
 felt the deepest interest in the great struggle now going on 
 to maintain the integrity of the nation, and to protect and 
 perpetuate those institutions of freedom so dear to every 
 American heart, and which have been threatened by the 
 wicked rebellion which now rages. And we have not ceased 
 to pray that God, in his adorable Providence, would not only 
 incline the hearts of his people to true repentance on ac- 
 count of our national sins, and especially of the great sin 
 of the nation, human bondage ; but that He would gra- 
 ciously vouchsafe to our army and navy such victories over 
 armed traitors as that this most wicked and cau-seless of 
 rabellious might be speedily crushed, and the nation be re- 
 stored to peace and tranquillity. Aside from the general 
 principles of loyalty and genuine patriotism, there are very 
 special reasons why we, as a connection of christian churches, 
 should bo more than ordinarily interested in our country's 
 severe struggle for the maintenance of righteous govern- 
 ment. 
 
 Taking as one of the cardinal truths of Christianity, that 
 God halh made of one blood all nations of men that dwtll 
 ou the face of the earth, and being convinced that it was a 
 duty we owed to God and humanity to protest byword and 
 deed against the fearful crime of American slavery, which 
 was sanctioned and protected by the leading christian de- 
 nominations of the landl 
 
 The denomination which we represent, and which is 
 known as the " Wesleyan Methodist Connection of Ameri- 
 ca," organized twenty-one years ago. Holding with a firm 
 grasp the doctrines of grace taught by the Methodist Epis- 
 c ;pal Church, from which we seceded on account of her 
 then notoriously pro-slavery principles and practice. AVe 
 differed from the church of our early choice only on matters 
 of ecclesiastical politj', and the great distinctive principle 
 of holding no fellowship with the slaveholder, his aider, or 
 apologist. 
 
 During these twenty-one years no slaveholder, nor sym- 
 pathizer with slavery, has ever been received into the niem- 
 bnrship of our churches, and since this wicked rebellion has 
 raged, a single disloyal Wesleyan Methodist has been un- 
 known throughout our entire connection. 
 
 We have watched with anxious solicitude and prayerful 
 interest the course which you, as the Chief Executive of 
 the nation, have pursued in these days of commotion and 
 bloodshed. And realizing tho unspeakable importance of 
 the issues at stake, aud tho diflSculties by which your ad- 
 ministration has been surrounded, and the conllictiiig ele- 
 ments that have conspired to trammel or tlnv.irt some of 
 tho most obviously correct, and, as the res\ill.-> show, tho 
 wisest and most successful measures jou have from lime to 
 time adopted to crush the rebellion; wo have not witlilield 
 from you our heartfelt sympathy, nor ceased to piay that 
 
APPENDIX. 
 
 547 
 
 God would voucnsafa to yon the guidance of Divine vris- 
 dom, tlio gracious care of ills Alniiglity arm, and tLie com- 
 forts of His grace. 
 
 Wo would not conceal the fact that we have not been al- 
 ways free from anxiety, and even fear regarding some of 
 the nuasnres adopted by your administration ; neitlier can 
 we rcl'iain from frankly stating that we have of en lelt 
 grieved and disappointed at the apparent reluctance exhib- 
 ited in adopting such measures as would ere now have 
 struck a latid liU>w at the very heart of llie rebellion. We 
 believe that righteou.sness exaltctli a nation, but sin is not 
 only the reproach of any peoiile, but nnist, sooner or later, 
 result in the withdrawal of the Divine blessing. The cry- 
 ing sin of slavery has been at once our national reproach 
 and the cause of our national troubles ; and, aside entirely 
 from any political or military necessity, it ought to have 
 been destroyed as a moral duty, and as one of the evidences 
 of a genuine national repentance, without which we have 
 no claims on the Divine mercy. We would by no means 
 forget or ignore the advanced, and we would add, noble po- 
 sition you occupy on this all important question, though we 
 thus speak. 
 
 We thank you foryour elict of emancipation. We thank 
 you in the nameof that God who has revealed himself as the 
 friend, and protector, and avenger of the poor and needy. 
 We thank you in the name of the millions of the oppressed of 
 ourbiiiil. Wethanlv you in the nanioof univi'rsal hunjanitv. 
 
 trea.-,oiiauluproclivitiesaiebut scarcel;, concealed; and their 
 piott stations of loyalty are buffer the basest and most 
 selli-^h of purposes. 
 
 That you, Sir, may be guided by more than human wis- 
 dom in your onerous and responsible position, and that 
 every spiritual and temporal blessing may be yours, that 
 our nol lie soldiers and sailor.'j, so heroically and nobly fight- 
 ing the battles of liberty may be abundantly successful, and 
 that that day may speedily dawn when the bow of peace 
 shall again be seen in our heavens, and we be a united and 
 happy people, with the dear old flag waving over a re- 
 deemed and regenerated nation, is our earnest and devout 
 prayer. 
 
 With feelings of the highest esteem and regard, tendered 
 you by this Conlerence, the undersigned are authorized in 
 its behalf to sign and forward to you thiscpislle. 
 
 Respectfully, &c., LUTHER LEE, President. 
 
 John McEldownet, Secretary. 
 
 Same day — The report of the committee to 
 draft an Address to the Churches — Luther Lee, 
 D. D., Revs. W. W. Crane and M. Q. McFar- 
 land — was adopted, as follows; 
 
 To the members of the Wesleyan Methodist Connection 
 of America, the General Conference in session at Adrian, 
 Michigan, June, 186i,sendeth greeting: Grace and peace 
 be nmltipliod unto you, through the knowledge of God the 
 Father, and our Lord Jesus Clirist, in the comfort of the 
 Holy .'^piiit. It i;ives us preat pleasure to be able to assure 
 yuii ;! . i -ii' • <:Miii; I i' 'il; ■!■ ii i< lieon in peace, and that 
 v>' ■ 1 • ,i : ( i ;'i meeting once more as 
 
 y,.!. ; I ~ , ! ' "h other by the hand of 
 
 eluiili.iii I'-ll '',\ I.),', n : Ii 1.' k upon each others' faces 
 once more in the llesli, many of us having long been en- 
 deared to each other, in common with you, by cimmon 
 labors, sacrifices, and sufferings in the cause of God and 
 humanity. 
 
 The times are portentous, and wratli has fallen upon our 
 beloved country, fearful in extent, though it be loss than 
 our national sins deserve. 
 
 The fearful evil of slavery, which our nation so long 
 cherished in its bosom, has at last stung it like a viper, and 
 convulsed our whole commonwealth. This evil has cul- 
 minated in rebellion and war, which has filled our land 
 with weeping and sorrow for the thousands slain. But 
 amid the evils that oppress us, our confidence remains 
 unshaken in the I'rovidence of God, as all-wise, gracious, 
 and efficient ; and wo exhort you all to maintain the snmu 
 confidence, as we trust you have done, and will continue to 
 do. It is no doubt a consolation to you, as it is to us, to 
 know that we foresaw these evils as the probable retribution 
 for the national sin of slavery, and faithlully warned our 
 fellow<itizen3 of the same, and did what we could to re- 
 move the evil and avert the gathering storm ; but our 
 words were not heeded, only so far as to bo requited with 
 opiiosition, slander, hatred, and persecution ; yet all we 
 siitfered is now more than compensated in knowing that 
 wo did our duty in the premises; that as a denomination 
 we never had a slaveholder in our communion, and never 
 disgraced the religion wo profess by giving its sanction in 
 any form or degree to the crime of human bondage, and 
 
 never opposed those who opposed slavery. It gives us 
 great salistaction to know that on the breaking out of the 
 pro-slavery reljcilion, the position wo had occupied for 
 twenty years is the otic the government and the nation hag 
 been compelled to assume, so that when they wheeled to 
 f ice the foe we found ourselves already in line, without 
 having to right about face. 
 
 We exhort yon. bntliren, still to adhere to the great 
 princiiKc '.. , i ' liiii :iiid liuinaii ri ilit llmi rave us exist- 
 ence a^: .1 I I .,' - . i Ml jii;-!!, aii'l to i.-i:r,i!i (rue to your 
 Godauil- , :': ,,;. Ilia lie Muv lo lo;, ill!:, inconstant 
 and canic.-l i '..;:, . r {o Uod that He will reiuler the war the 
 instrument of the entire removal of slavery, and give it a 
 speedy termination in the triumph of the authority of tho 
 government over rebellion, and in the return of peace and 
 prosperity to our suffering country. We have great con- 
 fidence in God, that he will in his Providence mnke an end 
 of slavery by the means of the war, and bring our nation 
 through the dreadful trial, purified and redeemed from the 
 reign of oppression. 
 
 'i'he war has very materially impeded our religions pro- 
 gress, it having made large drafts upon our membership, 
 and even taken numbers of our ministers for the defcnco 
 of our common country against the most wicked rplielli'in 
 and war that ever disgraced humanity. The excitement 
 which has pervaded the public mind has also diverted at- 
 tention from the subject of religion, and tended to render 
 the moral power of the ministry and churches unavailing 
 for tho promotion of revivals; yet we have reason to thank 
 God and take courage in view of the progress that has been 
 made. Wo have been favored with many gracious revi- 
 vals, which have resulted in the enlargement of some of 
 the churches and in the organization of new ones, and in 
 the erection of new houses of worship. Ourprogress, if not 
 rapid, has been steadily onward, and we have been strength- 
 ened in all the elements that give efficiency to our connec- 
 tion; and we are most happy to be able to state that since 
 our last quadrennial gathering, we have been blessed with 
 greater internal peace and harmony than has marked any 
 former period of our history. We cannot forbear to con- 
 gratulate you in regard to two achievements of the la.st 
 four years. 
 
 5. The missionary cause is the last object we will name 
 as presenting special claims to your benevolence. This is 
 very important in our circumstances, as we have many fee- 
 ble churches, who must receive help from stronger 
 churches, or soon be erased from our records. 
 
 This aid can be most effectually rendered through a 
 well devised homo missionary system, into which wo ex- 
 hort all the churches to enter with zeal and large benevo- 
 lence. 
 
 There is yet another field of missionary enterprise, calling 
 loudly for our most enlarged christian benevolence. It is 
 the freedinen of the southern States. These victims of op- 
 pression are now being thrown upon their own resources 
 by the convulsions of the war, and demand aid, which they 
 must have or suffer, if not perish. Voluntary emancipation 
 upon the soil by slaveholders, would have been attended 
 by far less evil consequences, as then the resources of the 
 country would not have been imp dred, and they would 
 have found employment in the fields of tlieir former bond- 
 age. But the war has desolated the country, consumed its 
 supplies of food and clothing, while the slaves have broken 
 away and rushed by thousands to our lines for protection, 
 in the most destitute and pitiable condition. We may sup- 
 pose that Government is now doing what it can to elevate 
 their condition, but that is not sufiicieut to meet their cir- 
 cumstances; they need not only food and clothing, but 
 advice, instruction, schools, and the gospel in its purity, 
 which they have never had. It will require years of be- 
 nevolent elTort to elevate this degraded people, after so many 
 generations of dark bondage, and it is a work which must 
 be done, not by Government but by religious communities, 
 and while others enter into it with zeal, let us not be found 
 wanting. 
 
 And now, brethren, rememlier that we have a great work 
 to do, and that time is short. Years rnsh along, ami hasten 
 us all onward to onr final account. Up, then, and be at 
 the aprropriate work of life, which is not to lioard up a 
 little of this world for others to (luarrel over when we are 
 gone, but to do good, to bless maidcind, to spread the gos- 
 
 glory in immortality. Remember that it is in this life that 
 eternal destinies are settled ; it is on the moral battle-fields 
 of earth that immortal crowns, and thorns, tmd kingdoms 
 are won. The day of jtidgmcnt will declare our destiny, 
 and nietfi out our reward ; Imt licie amid the activities of 
 lite, we determine lor otirsclvcs what tliey shidl be. May 
 the God of all truth and grace administer unto you abun- 
 dantly the aid and consolation of the Holy Spirit, and fill 
 you with zeal, and love, and power to do His will, and make 
 
548 
 
 APPENDIX. 
 
 yen perfect in Christ .TosuB, to vbom, with tho Father and 
 tho lloly Ghost, be ascribed cverl.iating praises. Amen. 
 LUTillCU' LEE 
 ■\\'JI. VV. CKANE, 
 M. Q. McFAKLAND. 
 
 Coinmittee, 
 
 The Wesleyan Church has alwaj's been snti- 
 slavery, iu its organic law. At its Quadrennial 
 Convention 0IM86O, an address to the churches 
 was adopted, in which this language is used 
 Concerning their " testimonies :" 
 
 Shivery, that great crime against humanity and sin 
 appiinstGod, liiis always been, and is universally prohibited. 
 All slave-buying and ilave-hohling, all apology lor either, 
 and all political support of slavery, are made criminal 
 ofiences. 
 
 In the Pioport on Reforms, then made by Revs. 
 D. Worth and II. Norton, and M. Merrick, lay- 
 man-, this language is used: 
 
 Resolved. That this General Conferenca regards slavery 
 vith the most iuexpi-essible loathing and detestation. We 
 regard it as a system of unparalleled wickedness and in- 
 famy, whose component parts are theft, adultery, piracy, 
 man-stealing and murder ; and whose atrocious character 
 was well delined by the great and good.Tohu VVcsley. when 
 ho pronounced American slavery as the vilest that ever 
 saw tho sun. We believe that its utter extinction should 
 bo sought by every friend of God and humanity, by all the 
 moans which God has put in our power, civil, piditical and 
 religious — by "pen and tongue, by vote am! prayer'' — and 
 hU those parties or organizations, i)olitical or' religious, 
 whose motto is not the immediate death of this terrilic 
 curse and dishonor, are unworthy of the fellowship or sup- 
 port of the true disciples of Christ. 
 
 Resolved, 2. That imraediato emancipation is the right of 
 the slave and the duty of the master; and that we are not 
 at liberty to demand, or receive less than this full uieasuie 
 of justice and restitution ; and \o the accomplishnieut of 
 tills purpose Ave bend all our efforts, and wo cakuot turn 
 Siiide from our holy purpose at the suggestions of a worldly 
 policy, which would mingle sordid ^xpodieucy with the 
 pure and noble counsels of our Lord Jesus Christ. We 
 :,annot act upon the policy of choosing the least of two 
 ?vils; but we must treat ail .such suggestions of a conipro- 
 aiising policy, as tho offspring of tliat wisdom which is 
 earthly, sensual, devilish. 
 
 UNITAEIAIT. 
 Additional to the memoranda given on page 
 504, respecting the Unitarian Church, are the 
 resolutions passed at a Convention of the Uni- 
 tarian Church, held at Springliehi, Massachu- 
 setts, October 14, 18G3 : 
 
 Kev. Dr. Ilill, of Worcester, Mass., now moved a series of 
 patriotic resolutions: 
 
 Whereas, individuals and ecclesiastical bodios have, at 
 ditl'erent times and in different phices, published opinions 
 on the duties of religious men, that have served to awaken 
 doubts in the minds of the conscieutious and weaken the 
 hands of the Government : therefore — 
 
 Resolved, By members of the Unitarian body assembled 
 in convention in Springfield, Massachusetts, that we tender 
 t i the President of the United States our sympathy and our 
 pr;iyers in this great day of the country's peril and his 
 nspoiisibility ; that while as christians we nro peacemakers, 
 and hil)or for the spread of peace, wo cheerfully offer our 
 cun lile, and tiiat of our children for the perilled life of the 
 nr.tion; that, while wo owe allegiance to the constituted 
 authorities at all times, wo hold it now, when treason and 
 rtbollion are abroad, an especial duty, both by word and 
 act, to express it, and that while the privilege of individual 
 freedom is vouchsafed to all, irnispective of color, as a reli- 
 gious right sanctioned by the spirit and letter ol tho schp- 
 t\ires, ^-e cannot refrainfrom the expression of our satisfac- 
 ti' m at the proclamation of freedom by the Chief Magistrate 
 to millions now in bondage, and the indnl^'enci' of the hope 
 that tho tremendous sCL^nes throngli which we arc- passing 
 will result in theliberty and christian pio-rc'ss of all. 
 
 Rev. Br. Farley, of Brooklyn, Nev.- York, seconded the 
 resolutions with a brief but forci')k'sp(<Mli. II,. th(jught if 
 ov>'r a man demanded, and nci dcd, ami (k-.-(-rvcd the cordial 
 cooperation, and sympathy, and prayers ot a people, Abra- 
 liaiu Lincoln was tiiat man. 
 
 The resolutions wore unanimously adopted, and the Con- 
 vention then adjourned. 
 
 Religious Duties of Masters to Serv- 
 ants. 
 
 The following paragraphs are from recent 
 secular papers: 
 
 The Episcopal Convention of South Carolina has dd- 
 clnrcd that the marriage relation binds slave and m.ister 
 equally ; that every Christian master should so regulate 
 the .'-ale or disposal of a married slave as not to infringe the 
 Divine injuiic4:iim forbidding the separation of husband and 
 wife; that V,- here an involuntary and final separation of 
 married slaves has occurred the case of tho sufferers is to 
 be distinguished from any liuman agency which h^^s sepa- 
 rated them. The master is rcspcjnsiblo to God for disre- 
 garding his commands : tlic i^liivrs are entitled tosympathy 
 and consideration; tl^it in ^n.li .asts of separation where 
 neither party is at fault, and \vli. re separation appears to 
 bo permanent and final, the refusal to allow a second mar- 
 riage would often produce much evil and hardship, and 
 this Convention, in giving its judgment in favor of such 
 marriages, would do so in the qualified language applied by 
 the Apostles in c;uses of self restraint: "If they cannotcon- 
 tain, let them marry; for it is better to marry than to 
 burn." 
 
 The Protestant and Catholic clergy of the Confederacy 
 are calling attention to tho duty of enforcing the sanctity 
 of the marriage relation among slaves. The Laptist Co7i- 
 venlion of Georgia has adopted an emphatic resolution up- 
 on tho subject. The Southern Churchman quotes various 
 religious authorities, setting forth the sinfulness of any 
 neglect by masters of this Christian duty; f.mong them 
 Bifhop Terot, (Roman Catholic Bishop of Savannah,) who 
 says: "Slavery, to become a permanent institution nf the 
 South, must be made to conform to the law of God; a 
 Southern Confederacy will never thrive unless it rests upon 
 morahty and. order; the Supreme Arbiter of nations will 
 not bless with stability and prosperity a state of things 
 which would be a flagrant violation of His holy command- 
 ments." 
 
 In this connection, this paragraph from Dr. 
 J cob Cooper's Article on Slavery in the Church 
 Courts, Danville Review, December, 1864, p 
 521, has interest: 
 
 In Transylvania Prcsbytorv, at its spring meeting in 
 April, ISei, a ri-soUuiou was introduced bv Rev S. B. 
 Cheek, to memorializi' (lie Legislature for th.e i.assage of a 
 law permitting church aieinbeVs and others whoh;id a con- 
 scjeiice in the matter, to have the niarriages of their slaves 
 legally solemnized. By this the master woidd voluntarily 
 submit to the pecuniary loss incurred by waking it impos- 
 sible to sell either one of a married couple without the 
 other. This resolution contemplated no compulsory action 
 on any, save those who felt scandalized that Christian mas- 
 ters must, liy existing laws, see members of tfceir own 
 hoiueholds .-iiid churches living in a state of concubinage, 
 and who cliosc to avail tliemsf Ives of its provisions to put 
 away this sin. Tliough it was introduced in the most Chris- 
 tian spirit, and embraced a case where the consciences of 
 believers ought, if e^er, to be bound, yet this resolution 
 was laid on the table, nearly every member of Presbytery 
 voting against it. For it was argued by an eminent man, 
 himself onei an emancipationist, that though the mattiT 
 presented was one of undoubted giievauce, involving a sin 
 which ought to be purged away, yet, to prevent agitation 
 in the Church at such a time of intense political strife, 
 there must be no intermeddling; and so, with a few words 
 of caution, spoken in a whisper, against drawing upon the 
 church the suspicion of sharing in the Abolition crusade, 
 this paptr was secretly buried like an untimely bu-th. 
 
 Valuable Records from the Bureau of 
 Military Justice. 
 As illustrating the slave system, and the 
 action of the Administration in the enforcement 
 of the Proclamation of Emancipation, as well 
 as the character of the war waged against the 
 national authority, the followiUif original rec- 
 ords from the Bureau of Military Justice pos- 
 sess historic value : 
 
 CASE OF ROBEKT TAYfiOR, OP TENNESSEE. 
 
 Wae Department, Adjut.ant General's Office, 
 Wasiiixuto.v, May 9, 1864. 
 [General Court Martial Orders, No. feS ] 
 
 I. ..Before a Military Commissiein, consisting of Captain 
 C. Thoni])son, 10th Michigan A'oliinteers; C.iptaiii Owcu 
 Orifrith, 2Jd Wisconsin Volunteers; Captain .lames Niilt, 
 9th Indiana Volunteers; Captain D. It. May, •22d Wi 
 
APPENDIX. 
 
 549 
 
 Volunteers ; First Lieutenant George Banraan, 22(1 Wiscon- 
 sin Voluuteers; and which couvened at Murfrecsboro', 
 Tennessee, September 14, 1&63, imrsuaut to Special Orders, 
 No. 8, dated Post Headquarters, JIurfreesboro", September 
 9, 1803, was arraigned and tried— 
 
 Robert Taylor, a'citizen. 
 
 Chaege — '• Slurder." 
 
 Specifi.ca'.ion—'- lu this ; that ho, the said Robert Taylor, 
 a citizen of Coffee county, in the State of Tennessee, did 
 beat a negro woman named 'Retter,' in such manner that 
 she died from the effects of the wounds thus iuflicted. 
 This on or about the 31st day of August, 1S63, at or 
 near the residence of said Robert Taylor, about three miles 
 from the town of Ilillsboi-o', in Coffee county, Tennessee." 
 
 To which charjie and spcciiication the accused, Robert 
 Taylor, a citizen, pleaded 'Nut Guilty." 
 
 i'lNWNG. — The Commission having maturely consid- 
 ered the evidence adduced, finds the accused, llobert Tay- 
 lor, a citizen, as follows : 
 
 Of the Specification, "Guilty." 
 
 Of the Lhurge, "Not Guilty as charged, but ' Guilty of 
 manslaughter.' " 
 
 1>E.\TEXCE. — And the Commission does therefore sentence 
 him, Rulieit Taylor, a citizen, "To be confined in the 
 State Penitentiary for the period of five years.'' 
 
 11. The proceedings, findings, and sentence in the fore- 
 going case having been approved by the Major General 
 coniniandiug the Department, and laid before the President 
 of the L'uited States, the following are his orders: 
 
 The testimony in tlie case, as found in the record, is brief 
 and free from all discrepancy or coutradiction. The jiris- 
 oner, it seems, alleged that an amount of money had been 
 Btoleu from him — how much was not stated — but there was 
 no proof of any such theft, still less anything tending to 
 connect with it the murdered woman, on whom his suspi- 
 cious fell. Probably, however, from appreheu^iorl of pun- 
 . ishmmt, this woman — wliom he claimed to ovfn — made an 
 attempt to run away, was pursued by the prisoner and his 
 Ucighbors, captured, and brought back. Tlie prisoner then 
 procured a rope, and, addressing himself to tlie bystanders, 
 usked if there was any one present who couM tie " a hang 
 knot," when a man named VVomack stepped forward and 
 tied it. The prisoner then adjusted it around the neck of 
 the woman, and, throwing it over the limb of a tree, ia the 
 Bight of his own dwelling, where were his wife and daugh- 
 ters, tiio work of murder began. Finding that the woman 
 protected herself by seizing the rope will; her hands, it was 
 slackened and her hands tied, and again she was drawn up 
 so that her toes barely touched the ground, and in this po- 
 sition she was helcf bj' the prisoner until, from suffocation 
 and exh?.ustIon, her head fell on one side. Through the 
 interposition of the prisoner's wife and the bystanders, the 
 rope was then loosened, and an opportunity given the wo- 
 man to revive. While this torture was going on, the pris- 
 oner declared his object to be to compel the woman to con- 
 fess the theft charged upon her, but she stoutly denied any 
 knowledge of the money alleged to have been lost. She 
 was now taken by the prisoner to his lanyard, distant 200 
 or 250 yards, and was then stripped by him of all her 
 clothes except her chemise. In the language of one of the 
 witnesses, she was then " confined by crossing her hands 
 and tying them together, then putting them over her knees 
 with a stick thrust under, holding them in that position." 
 Thus pinioned, and lyijig alternately on her face and on her 
 side, as the purposes of her tormentor required, for some 
 two hours and a half, with brief intervals, she was 
 whipped by the prisoner with a leather tliong, two 
 inclies wide and three feet long, having a knot at the end. 
 At the expiration of this time, " some neighbors present 
 said they thought ho had whipped her about enough for 
 tint lime," and he thereupon desisted. She was then un- 
 tied and assisted by one of the neighbors towards the 
 kitchen, staggering and falling several times from exhaus- 
 tion on the way. She succeeded, however, in reaching tlie 
 kitchen, on the threshold of which she fell, in the presence 
 of the prisoner's wife, and a few minutes thereafter ex- 
 pired. 
 
 Tlie shameless character of the defence was in keeping 
 with the crime. 
 
 It was insisted in the defence that the woman's death 
 was produced by some cold water, of wliich, in her heated 
 and exhaustea condition, she had drunk; and in attempted 
 palliation of the prisoner's murderous brutality, it wivs 
 inoved by several ot his neiglibors that he bore a good moral 
 • baiacter, arul clothed and fed his slaves well; and for 
 bims.'ir, he stated that ho had once before, on a similar 
 dial ge, given the woman even a worse whipping than that 
 of which she died! 
 
 That a body of officers holding commissions in the Army 
 of the United States, and acting under the resiionsibility (if 
 an oath, should deal thus lightly with so shocking a sacri- 
 fice iifhi'liian life, calinot but excite scnllnieiits ot iiiinglcd 
 Siii'prise and r(gr(t. Krery ciiciiiiistaiice surroumliiig the 
 crime aggiavutes its eijormity — among which may bo 
 
 named the absence of all provocation; the prolonged tor« 
 tn:-e to which the wretched sufferer was subjected, thus 
 affording ample time for all human passion, had any ex- 
 isted, to have cooled: but above all, tlie sex and utter help- 
 lessness of the bound and unresisting victim. 
 
 The President directs that the sentence, inadequate as it 
 is, shall, except as to the place of confinoment, be carried 
 into execution, and Albany, New Y. 1. ; V ■ n led as the 
 Penitentiary where he shall bo Colli i 1' iule doing 
 so, he feels it incumbent upon hiii ■ i! i ntionof 
 
 the Army, and especially of those il,: l i : : aiiininis- 
 tration of military justice, to the ii: i i ; :,; , .1 ' y 
 
 this Commission, and to exjiress li •' ; ; ' ■ r.'.i 
 
 which it is regarded. The membci- ■'• i; ' ; i , ,: -i 
 thus lightly dealing with one ol' t':.' in. i i .. iiii;;.' :i. ai- 
 ders on record, have done no honor to tlii'msclvus, and af- 
 forded an example which it is hoped will never again be 
 witnessed in the service. 
 
 The prisoner will be sent, under proper guard, to Albany, 
 New York, and delivered to the warden of the Penitentiary 
 at that place, for confinement for the period of five yeais, 
 in accordance with the sentence. 
 
 By order of the Secretary of War : •• 
 
 E. D. TOWNSEND, 
 Assidant Actjutant General. 
 
 CA.SE OF REV. FOUNTAIN BROWN, OF ARKANSAS. 
 
 AVau Depautment, Buread of BIilitart Justice, 
 May 'U.lh, 1864. 
 To the President: 
 
 In the case of Fountain Brown, a citizen of Arkansas, 
 referred to this office by order of your Excellency, May 23u, 
 1S64, the following report is respectfully submitted: 
 
 This is an application for the pardon of a man convicted 
 by.a military commission of selling into slavery, and run- 
 ning beyond the Union lines, colored persons v/ho hadbeea 
 made free by the President's proclamation of emancipation. 
 
 The facts proved are briefly these : The prisoner, who ;3 
 a preacher and presiding elder of the Jlethodist Church, in 
 the State of Arkansas, resided at or near Flat Buyuu, auci, 
 at the date of the President's proclamation, held as slave-, 
 two families of negroes, numbering about ten persons, old 
 and young, of both sexes. These families consisted of — Ist, 
 Lucy and her husbaud, John, two children that she had by 
 Iiini, and two that she had by another person, supposed to 
 have been one McAfee, a white man ; and 2d, Delia, with 
 her husband, Ilorton, and two children, one by him and 
 the other by an unknown father. After the occupation of 
 the district, inchuUng Flat Bayou, by the Union forces, the 
 prisoner informed these people, or at least the men, that 
 they were free, and. if they wishtd, could leave — thus re- 
 cognizing the proclamation and renouncing his claim to 
 their services. They did not then leave him. In the 
 course of last year, (1863,) the white man McAfee, 
 who had been cohabiting with the woman Lucy, who 
 was a I'ght mulatto, frequently besought the prisoner 
 to assist him in getting her and her children away with 
 him to Texas. This arrangement the prisoner claims 
 to have declined to enter into, on the ground that it was 
 contrary to existing law. McAl' • in a i-. '; 'id to buy 
 them, but the prisoner refused to i!i \ : \"t, aftu- 
 
 miich solicitation and the offer ot *; a'ldoUais 
 
 for the lot, he finally yielded. Tlia 1 a .n « i- truck; he 
 received four thousand dollars ca^h in hand, and the pur- 
 chaser's promise to pay the balance ; and ilcAfeo carried 
 oft the Avomeu and children, eight in number, beyond tho 
 lines, and, as it is supposed, to Texas. One of the colored 
 men, the liusbaud of Lucy, left his Avifo at home on Mon- 
 day morning, and, returning on Tuesday evening, found no 
 trace of her or her children. Powerless to assert their 
 rights, or ignorant of them, they had been abducted ly 
 McAfee, who abandoned hisownv.'ife at Flat Bayou, whera 
 she still resides. 
 
 The men both testify that their wives did not want to go 
 away, and it would appear that they contemplated witli 
 aversion and terror the probability of being compelled by 
 McAfee to accompany bini. 
 
 It seems that the conscience of the prisoner, or his fear 
 of the vengeance of the outraged law, would not let hini 
 rest. lie made his appearance at the Headquarters at Pino 
 Bluff, and, relating his story, solicited exemption from pros- 
 ecution, lie was, however, arraigned before a military 
 commission for kidnapping and fur selling into shivery per- 
 sons of African descent made free by the President's proc- 
 lamation, found guilty, and sentenced to confinement in a 
 • military prison for five years. Major General Steele, com- 
 manding the Department, approved the finding and sen- 
 tence, and forwarded the proceedings for the action of the 
 President, which has not yet been had. 
 
 In the opinion of this officer, it w.is not icquisite thai 
 the confirmation of the President should be obtained; but, 
 as it is iiresnniaMe tlitit the ex(Cution of the sentence will 
 not commcuce until directed by Uiui, it is expedient aud 
 
550 
 
 APPENDIX. 
 
 proper that action should be taken, and it is recommended 
 that thesenteucB he confirmed. 
 
 The pardon of thu prisoner is now applied for by citizens 
 of Arkansas, wliu sign a petition averring tliat ho has sub- 
 scribed the oath prescribed by the proclamation of amnesty, 
 and has always heretofore been a good and influenti;il man 
 in the church and the community. Tlie paper sets forth 
 no other proof of loyalty. This petition is favorably recom- 
 mended by Colonel Powell Clayton, commanding at Pine 
 Eluii". It is prcsenteil by J!r. A. A. C. Ilogers, who claims 
 to be a member of Congress elect from the Second 
 District of Arkansas, and who says that ho believes the 
 prisoner intended no wrong ; that the act for which ho 
 was tried occurred soon after the Federal occupation of 
 that section, " whilst all was confusion, doubt, and unccr- 
 t.iinty ;" that the husband and father of the negroes sold 
 bad been taken to Texas, the owner wanted the wife and 
 children, they wanted to go, and the prisoner sold them, in 
 ignorance of the nattire of the ofl'ence. Ho adds that he 
 tUinks the pardon, if granted, would strengthen the good 
 feeling of his district toward the government. 
 
 Mr. PkOgers has fallen into several serious errors in his 
 verMon of the case, lie states that the l.usband and father 
 of the negroes sold had been taken to Texas. So i'ar from 
 this being true, it IS in evidence that the husbands of both 
 the women are still at Hat Bayou ; and so far from the woman 
 Lucy wanting to go, her husband testifies that she begged 
 Lim to remove her from the custody of the prisoner, and 
 of McAfee, lest she should betaken away by force. 
 
 Besides, whether the wishes of the adults about going or 
 remaining were consulted or not, it is a nwckery of truth, 
 as shallow as it is wicked, to attribute consent to the six 
 helpless and mindless children, the oldest of whom was a 
 boy of seven, and the youngest a baby but a few months 
 old. It would require a rule of law as repugnant to reason 
 as the extinct slave-code of Arkansas was revolting to 
 humanity, to impute the exercise of volition to the \in- 
 happy little beings, whom his barbarous avarice, proving 
 stronger than his sense of the obligations of law, human 
 or divine, impelled a presiding elder of the Methodist 
 Church to sell into a life of hopeless bondage in a distant 
 State. 
 
 Moreover, whatever "confusion" may, as Mr. Kogers 
 avers, have attended the advent of the Union troops at I'lat 
 Bayou, it does not appear to have unsettled the perceptions 
 of the prisoner, who, so far from being in "doubt and un- 
 certainty," as to the law by which he was bound, expressly 
 told McAfee that a sale would be illegal, and only forgot 
 Lis scruples and his renunication of the authority of a 
 master, when the tempting bid of seven thousand dollars 
 was finally offered. 
 
 The erime of the prisoner was a deliberate and wilful 
 violation of law. It set at naught the proclamation of 
 emancipation. It snatched two wretched females, free by 
 that charter, away from their husbands and surrendered 
 them to a thraldom of lust and violence, to end only with 
 their lives. It consigned six unoffending children, free by 
 that charter, to t)erpetual servitude, in a region deemed by 
 the purchaser (who was also the father of at least two of 
 them) safely remote from the influences of liberty and the 
 restraints of law. 
 
 All the features of the offvnce are so brutal and so de- 
 praved, that to bo abhorred they need only to be recited; 
 b'.it when it is considered that the perpetrator is a presiding 
 elder of the Methodist Church of the State of Arkansas, a 
 man, by his position and his pretensions, the exemplar of 
 public and private morality among the people around him, 
 to wliom multitudes looked up as their preceptor and 
 Bpiritual guide, it must bo admitted t.hat the measure of his 
 guilt is incomparably aggravated. 
 
 That a criminal of bo deep a dye, who has been adjudged 
 to sutler the abridgment of his liberty for five years, for 
 depriving eight human beings of tlieirs forever, should 
 (with the price of his guilt still in his pocket) ask a pardon 
 f; om the government lie has defied, seems an instance of 
 elirontery scMrcely paralleled even in the anuals of the 
 
 ill' f; IV. iiiiiicnt, it is conceived, would be recreant to the 
 I' Miriiilrs which it has bei/u forced by treason to inaugurate, 
 if it weri'ti) treat tlnir llagrant violation with lenity. 
 
 The pi-oriamationof v panciiiatinii is nothing, or it is an 
 irrevocable lU'crec of fnciluni t.i all within its "terms. 
 
 It is a soKimn law of the land, uplutld by the inherent 
 w.'ir-powers of a nation struggling for self-preservation, 
 s luctioned by rc;ison and sanctified by precious blood. 
 Violations of it should be punished in pmporlion to the 
 magnitude of their consequences, and the importance of 
 Bustaining it by warniiiK examples. 
 
 The absence of prohibitory sanctions in the proclamation 
 itself, furnishes no pretext for the misinterpretation wliich 
 would exempt the pris<iner from punishment for his crime. 
 Tliese persons stood b"foro the law disenthralled of the 
 shackles of slavery and absolutely free, ami so the prisoner 
 had recognized them to be. lie, having, with a full 
 
 knowledge of their emancipation, deliberately re-enslaved 
 them, wilfully incurred all the penalties denounced against 
 the most atrocious species of kidnapping. 
 
 The crime of the prisoner, by reason of his conspicuous 
 social and religious position, has doubtless attracted the 
 notice of a large number of the people of his State. His 
 pardon, obtaining equal publicity', would, it is believed, be 
 taken by the traitorous adherents of slavery as a tacit offi- 
 cial declaration that the Government did not seriously in- 
 tend to maintain the most momentous and vital of its war 
 measures, and that the President consented to be under- 
 stood as permitting to pass into a mockery that proclamiv- 
 tion upon which, on the 1st day of Januai-y, lStj3, ho sol- 
 emnly invoked "the considerate judgment of mankind, and 
 the gracious favor of Almighty God." 
 
 This is believed to be the first case in which a violation 
 of the Proclamation of Emancipation has been brought to 
 the notice of the President. It is deemed fortunate for the 
 great purposes of justice that the proof is so strong and the 
 circumstances so marked. The offender is a prominent 
 personage ; the victims young and weak; the sale made 
 with full knowledge of the law and the rights of freedom it 
 bestowed; the transaction notorious and basely mercenary. 
 It is fit to be made a test case, in which the Governm(mt 
 may distinctly re-assure the South of its unalterable pur- 
 pose to enforce the decree which it has deliberately promul- 
 gated. If, while the able-bodied freedmen, attracted and 
 encouraged by that decree, are enrolling themselves as sol- 
 diers under the standard which they recognize as the sym- 
 bol and the guaranty of freedom, and are exposing them- 
 selves to the perils of battle on the field, and to the horrors 
 of massacre if'captured, their late masters are suffered to 
 sell and transport their helpless wives and children into 
 renewed servitude, without encountering the inflexible se- 
 verity of adequate punishment, the Government cannot 
 fail to stand before the world dishonored by such breach ol 
 a faith which, on the part of the unhappy race with whom 
 it has been plighted, is being everywhere bravely and loy- 
 ally kept with their blood. If the Government could par- 
 don this outrage upon its laws, or mitigate its punishment, 
 how can it forget the wretched victims of the crime ? The 
 conviction is fully entertained that the question of pardon 
 or mitigation should not even be considered until these 
 victims shall have been returned to within our military 
 lines, and thus restored to the status of freedom which they 
 there occupied. J. HOLT, 
 
 Judge Advocate General. 
 
 Application denied and sentence approved. 
 
 . A. LINCOLN. 
 
 August 9, 1864. 
 
 CASE OF WEST BOGAN, OP ARKANSAS. 
 
 Judge Adtooaie General's Office, 
 May 30, 1S64. 
 To the President : 
 
 West Began, a negro, was tried February 1st before a mil- 
 itary Commission, sitting at Helena, Ark., on the charge ol 
 " murder." 
 
 In this that the said West Bogan on or about the 15th ol 
 December, 1863, killed Munroo Bogan, a citizen of Phillipe 
 Co., Arkansas, by striking him with an axe upon the head 
 and neck. 
 
 Tlie court found him guilty and sentenced him to be 
 hung; General Buford approves the findings and sentence, 
 and recommends that it be commuted to imprisonment at 
 hard labor in some Northern penitentiary for such length 
 of time as the Commanding General shall judge proper. 
 Gen. Steele suspends execution in consequence of this sug- 
 gestion, and forwards the proceedings for the action of the 
 President. 
 
 The proceedings were strictly regular. The evidence 
 showed that prisoner w;ia and had long been a slave of 
 Munrof Bogan, the deceased, and was still held by him as 
 such despite the Proclamation of Emancipation. It was 
 testified by numerous witnesses that prisoner was in general 
 of an obedient and submissive nature, though when 
 thwarted and irritated by oppression, reckless of what 
 he did. 
 
 His master, on the other hand, was shown to have been 
 cruel and exacting, forcing his slaves by constant punish- 
 ments, to labor night and day and frequently on Sundaj's, 
 giving them no holiday or resting time, and, as one witness 
 testified, whipping some one every day — and this l.ast too, 
 not as a passionate man might do, by snatching the first 
 weapon at hand and with it punishing a fault, but with a 
 doliLierate coolness, as shown by his regularly sending for 
 the driver with his whip, which denoted that his temper 
 was fully under his control. 
 
 The lioniicido took pl.ace in the early morning, near 
 the prisoner's quarters, and when he was on his way to 
 his day's task Of the immediate cause of the difficulty, 
 there is no evidence; but Tom, a negro at work in an ad- 
 joiniag field, had his attention drawn to the strngiile hy 
 hearing his master's call to him, and, on looking round. 
 
APPENDIX. 
 
 551 
 
 Baw the deceased fall, and the prisoner deal upon his pros- 
 trate body two blows with the axo in his hand, which 
 nearly severed the head from tlie shoulders. It was testified 
 by a negro witness for the prosecution, that lie had heard 
 the prisoner declare his intention to kill his master, "be- 
 cause his master was going to kill him for running aliout 
 and going away from home." It was in evidence that the 
 deceased had expressed, only the niglit before, his intention 
 to whip the prisoner on the following day. 
 
 Tlie negro Tom, also testified that Clarence Eogan, 
 another field hand who was at work at his side, first heard 
 the alarm, and said he believed that master Munroe and 
 West were fighting. 
 
 Maria Hogan, a slave of deceased, testifies that she was 
 Bitting ill lier own cabin at the time of the homicide, and 
 that iicr children cried out that '-master was tricing to 
 wiiip Uncle West:" whereupon she went the door, and 
 B iw West give two blows with the axe upon her master's 
 n 'Cii. 
 
 It can scarcely be doubted, therefore, that Munroe Bogan, 
 at, the moment of his death, was in the act of inflicting 
 corporeal punishment upon the prisoner, wliich, under the 
 changed relations of the white and black populations of 
 the Southern States, he had no right to do, — and that 
 roused by pain and by a sense of wrong, the generally 
 willing and submissive slave turned upon him, and took 
 Ids life — converting, for the moment, into a weapon of 
 revenge, the implement with which he was quietly going 
 to lus unreconipensed toil. 
 
 The case would, therefore, seem to be divested of those 
 elements of malice and deliberate purpose, which alone can 
 constitute the crime of murder; while the provocation 
 under which prisoner was driven to take the life of his 
 oppressor was great and not to be excused. 
 
 The administration of the Government must and does re- 
 cognize the colored population of the rebellious States, as 
 occupying the status of freedmen. This ofiice in consider- 
 ing the present and kindred cases, necessarily accepts this 
 recognition witli all its legitimate consequences. 
 
 It is, therefore, held that Munroe Bogan, when he met 
 his death, was in violation of law and right holding the 
 prisoner in absolute slavery — not only holding him in 
 slavery but also imposing upon him ceaseless toil and cruel 
 punishments. It is a conclusion, justified by the record, 
 that it was in resistance to an attempt by deceased to inflict 
 such punishment, in accordance with threats previously 
 made, that the fatal blow was struck by the prisoner, who 
 had doubtless borne the oppressions of his task master till 
 endurance seemed to him no longer possible. 
 
 That in these circumstances, ground is fcund for mitiga- 
 tion, and much mitigation, of the sentence pronounced, 
 ■will scarcely be questioned. 
 
 It is for the President to determine how far this mitiga- 
 tion shall extend. J. UOLT, 
 
 Judge Advocate General. 
 
 Sentence disapproved. 
 
 A. LINCOLN. 
 
 July 8, 1S64. 
 
 CASE OP JOHN J. GLOVER, OF ARKANSAS. 
 
 War Department, Bureau op Miutart Justice, 
 
 June GUi, 1S64. 
 To the President : 
 
 John J. Glover, alias Jake, a negro, was tried September 
 18th, 1863, before a military commission sitting at Memphis, 
 Tennessee, on the charge of " murder in the first degree," 
 under which lie was accused of the murder of one George 
 Redman, a citizen of Arkansas, in the month of August 
 preceding. He was lound guilty and sentenced to be hung. 
 
 The sentence was approved by General Ilurlbut and 
 Gi'iieral Sherman, and ihe day of execution fixed for 
 January 29, 18&i. Prisoner could not be found on that day, 
 and subsequently General Sherman ascertained that he 
 could not legally carry out the sentence without reference 
 to the President, and the record has in consequence been 
 8int to this otfice. 
 
 The evidence by no means warrants the sentence 
 awarded by the court. There can bo no doubt that pris- 
 oner discharged a pistol at Kedman, the result of which 
 was his death ; but the circumstances under which the 
 lioniii idit <Kcurr<d would appear to extenuate if not en- 
 tirely r'liHivc the prisoner's guilt. The evidence showed 
 that pri-^'Micr writ across the Mississippi river from Ten- 
 IU-SSI-- In Ail^;iiisis with another negro called "Dave" at 
 his ri.pi'-t. l^r the purpose of rescuing the two young 
 danglit. IS .1 ill.' latter from Redman's hands. This Dave 
 was triid and cuiivicted about the same time for the same 
 murder; and on his trial it was testified that Redman, an 
 old man of seventy-two years of age, was retaining the 
 two girls in slavery against their father's will and in viola- 
 tion of the Presidents emancipation proclamation, and had 
 drl.ared toDave his intention to keep them. On Dave's 
 Vi'ial it was further shown, by the testimony of his daughter. 
 
 that Redman had sworn to shoot any man that came after 
 them. Dave and Jak*, the prisoner, crossed the river to- 
 gether in a skiff to effect the girls' release, and about two 
 o'clock in the morning succeeded in getting one of the 
 girls and taking her to the boat. They wont back for the 
 otber, and while reconnoitering the premises, were pursued 
 by old Redman withapistol.and at once took to fliglit. It 
 does not appear however, that tliuy knew that he had this 
 pistol at the time. They ran towanls the river, and being 
 closely followed and in fact stumbled upon by Redman, 
 Jake in his excitement drew his pistol and fired, wounding 
 Redman so that he died a few days jifterwards. Redman, 
 Jake in his excitement drew Ids pistol and fired, wounding 
 Redman so that he died a few days afterwards. Redman, 
 it was testified, was a kind and indidgent master to his 
 slaves, and had taken the oath of allegiance. On the same 
 evening, some hours previously, Jake had caught a horse 
 belonging to Redman's son, and had taken it across the 
 river into Tennessee, afterwards returning to help Dave 
 obtain his cliildren. When captured, he confessed that he 
 shot the deceased. 
 
 Much doubt cannot but be felt whether prisoner merits 
 any punishment for the part he took in the trans.action 
 wliich led to the death of the deceased. It is true that he 
 had no personal interest in the rescue of the two girls, 
 such as his companion " D.ave" had ; but that rescue was a 
 lawful and justifiable act on the pjirt of his companion, 
 and the prisoner's participation in it must be held to be no 
 less justifiable and lawful. 
 
 It does not appear that he went to Redman's plantation 
 with a purpose of murder, but rather with a single view to 
 the assistance of his friend in the delivery of his children 
 from bondage; and the agitation caused by the pursuit of 
 the master, and the imagined peril of his own IWe, led him 
 involuntarily into the commission of the deed for which he 
 has alreiidy suffered an imprisonment of nine weary 
 months 
 
 It is true he was engaged in a business for which he could 
 offer no excuse but that of friendship, and a wish to extend 
 to the family of his comrade the benefits of the same free- 
 dom which he himself enjoyed ; and with a knowledge of 
 the dangers of the enterprise in which a fellow-feeling led 
 him to take apart, and of the extreme severity with which 
 offenders of his race are treated by their white masters, it 
 can scarcely be imputed to him as a crime that he took 
 \vitli him a weapon of defence, nor that in his great and 
 natural terror under the close and armed pursuit to whicli 
 he was subjected, he should have instinctively made use 
 of it. 
 
 It is believed to be a case in which a strong and armed 
 man has rashly thrown away his life in an endeavor to 
 enslave a feeble young woman in defiance of the proclama- 
 tion of the President which had declared her free. 
 
 J. HOLT, 
 Judge Advocate General. 
 
 Sentence disapproved. 
 
 A. LINCOLN. 
 
 July 8, 1864. 
 
 CASE OF JOHN T. BEALL. 
 Headquarters Department op the East, 
 New York City, Feb. 21st, 1865. 
 [General Orders, No. 17.] 
 
 I. The following General Order will replace General Or- 
 der No. 14, from these Headquarters : 
 
 II. Before a Military Commission which convened at 
 Fort Lafayette, New York Harbor, and at New York City, 
 by virtue of Special Orders Nos. 14 and 42, current series, 
 from these Headquarters, of Jan. 17th and Feb. 17th, 1865, 
 and of which Brig. Gen. Fitz Henry Warren, United States 
 Volunteers, is President, was arraigned and tried — 
 
 Jolm Y. Beall. 
 
 Charge I. — " Violation of the law of war." 
 
 Specification \st.—-' In ihK-. that John Y. Beall, a citi- 
 zen of the insurgent State of Virginia, did, on or about the 
 19th day of September, 1804, at or near Kelly's Island, in 
 the State of Ohio, without lawful authority, and by force of 
 arms, seize and capture the stcanilmat ' Philo Parsons.' " 
 
 Sjieciftcation '2d. — •' In tlii-; : that .hiUn Y. Beall, a citizen 
 of the insurgent State of Virginia, did, on or .about the 19th 
 day of September, 1864, at or near Middle Bass Island, in 
 the State of Ohio, without lawlul authority, and by force 
 of arms, seize, capture, and sink the steamboat ' Island 
 Queen.' " 
 
 SjKcificalicm 3d — " In this : that John Y. Bcall, a citizen 
 of the insurgent State of Virginia, was Ibund acting asa 
 spy, at or near Kelly's Island, in tlio State of Ohio, on or 
 about the 19th day of Sri, I miImi. r i;!.-' 
 
 Specification ith.—" Ill iin : im i .i .hn Y. Beall, a citizen 
 of the insurgent State il \ii: hm . i^ Hiund acting as a 
 spy, on or about the 19tli >l v -i .- iil. inlier, lS64,at or near 
 Middle Bass Island, in the Slate ol Oliio." 
 
 SpecificaHon bHi. — " In ' his : that J.j1iii Y. Beall, a citizen 
 of the insurgent State of Virginia, was found acting as a 
 
552 
 
 APPENDIX. 
 
 ppy, on or aboiit the 16th day of December, 1864, at or near 
 Suspension Bridge, in the State of Ne^v York." 
 
 Specificationtjtk. — " lu this: that Johu Y. Beall, a citizen 
 of thoinsurgont State of Tirginin, l)cinK without lawful 
 authority, and for unlawful purposes, in the State of New 
 York, did, in said St-\te of New York, undertake to carry 
 on irregulai- and unlawftil warfare as a guerrilla, and, in the 
 execution of said undertaking, attempted to destroy the 
 lives and property of the peaceable and unoffending inhab- 
 itants of said State, and of persona therein travelling, by 
 throwing a train of cars, and the passengers in said cars, 
 from the railroad track, on the railroad between Dunkirk 
 and Buffalo, by placing obstructions across the said 
 track." 
 
 All this in said State of New York, and on or about the 
 15th day of December, 1S64, at or near Buffalo. 
 
 Charge II. — " Acting as a spy." 
 
 Specificationlsl. — ''In thi;): that John Y. Beall, a citizen 
 of the insurgent State of Virginia, was found acting as a 
 spy in the State of Ohio, at or near Kelley's Island, on or 
 about the 19th day of September, 1864." 
 
 Speirification 2d. — " In this : that John Y. Beall, a citizen 
 of the insurgent State of Virginia, was found acting as a 
 spy in the State of Ohio, on or about the 10th day of Sep- 
 tember, 1SG4, at or near Middle Bass Island." 
 
 Specification 3d. — •' In this : that Jojn Y. Beall, a citizen 
 of the insurgent State of Virginia, was found acting as a 
 spy, in the State of New York, at or near Suspension 
 Bridge, on or about the IGth day of September, 1804." 
 
 To^which charges and speciflcatious the accused pleaded 
 " Not Guilty." 
 
 FiNDiXG. — Of the 1st specification, 1st charge, "Guilty." 
 
 Of the 2d specification, Ist charge, " Guilty." 
 
 Of tbe 3d specification, 1st charge, " Guilty." 
 
 Of the 4th specification, 1st charge, -'Guilty." 
 
 Of the 5th specification, 1st charge, "Guilty." 
 
 Of the 6th specification, 1st charge, " Guilty." 
 
 Of the 1st charge, "Guilty." 
 
 Of the 1st specification, 2d charge, " Guilty." 
 
 Of the 2d specification, 2d charge, "Guilty." 
 
 Of the 3d specification, 2d charge, !'Not Guilty," as to 
 the day averred, but guilty of acting 93 a spy, at or near 
 Suspension Bridge, in the State of New York.on or about 
 December 16th,lS64. 
 
 Of the 2d charge, " Guilty." 
 
 Sentence. — And the Commission does therefore sentence 
 him, the said John Y. Beall. "To be hanged by the neck 
 until dead, at such time and place as the General in com- 
 mand of the Department may direct," two-thirds of the 
 meml>ers concurring therein. 
 
 III. In reviewing the proceedings of the Court, the cir- 
 cumstances on which the charges are founded, and the 
 questions of law raised on the trial, the Major General 
 Commanding has given the most earnest and cai'eful con- 
 sideration to them all. 
 
 The testimony shows that the accused, while holding a 
 commissi >n from the authorities at Richmond as Acting 
 Master in the navy of the insurgent States, embarked at 
 Sandwich, in Canada, on board the " Phi lo Parsons," an 
 unarmed steamer, while on ono of her regular trips, car- 
 rying passengers and freight from Detroit, in the State of 
 Michigan, to Sandusky, in tho State of Oliio. The captain 
 had beeij induced by Burley, ono of tho confederates of the 
 accused, to land at Sandwich, which was not one of the reg- 
 ular stopping places of the steamer, for the purpose of 
 receiving them. Here the accused and two others took 
 passage. At Maiden, another Canadian port, and one of 
 the regular stopping places, about twenty-five more came 
 on board. The accused was in citizen's dress, showing no 
 insignia of his rank or profession, embarking as an ordina- 
 ry piissenger, and representing himself to be on a pleasure 
 trip to Kelley's Island, in Lake Erie, withia the jurisdiction 
 of the State of Ohio. 
 
 After eight hours, he and his associates, arming them- 
 selves with revolvers and hand-axes, brought surreptitious- 
 ly on boai'd, rose on the crew, took possession of the s'eam- 
 er, threw overboard part of the freight, and robbed the 
 clerk of the money in bis charge — putting all on board un- 
 der duress. Later in the evening he and his party took 
 possession of another unarmed steamer, (the "Island 
 Queen,") scuttled her, and set her adrift on tho lake. 
 These transactions occurred within the jurisdiction of the 
 State of Ohio, on the 19lh day of September, 18G4. 
 
 On the 16th day of December, 1861, the accused was ar- 
 rested near the Suspension Bridge over the Niagara River, 
 within tho State of Now York. Tlie testimony shows that 
 lie and two officers of the army of the iiii^urgcnt States — 
 Col. JIartin and Lieut. Ilfadlcy— with two otlier coiifedc?- 
 rates, bad made an unsucci .-.-ilul atlcmiit, under the direc- 
 tion of the fiistnainiil olliici-, lo throw tho passenger 
 train, coming Irom the WC-t, to liurtalo, off the railroad 
 track, lor the purpose of rohbing the express company. It 
 is further shown that this was the third attempt in which 
 Iho accused was concerned to accomplish tho same ob- 
 
 ject; that between two of these attempts the party, in- 
 cluding the accused, went to Canada and returned, and 
 that they were on their way back to Canada whan he was 
 .arrested. In these transactions, as in that on Lake Erie, 
 tho accused, though holding a commission from the insur- 
 gent authorities at Richmond, was in disguise, procuring 
 information with the intention of using it, as he subse- 
 quently did, to inflict injury upon unarmed citizens of the 
 United States, and their private property. 
 
 The suiistance of the charges against the accused is that 
 he was acting as a spy, and carrying on irregular or guer- 
 rilla warfare against the United States; in other words, 
 thnt he was acting in the two-fold character of a spy and a 
 guenillero. He was found guilty on both charges, and 
 sentenced to death; and the Major General Comm.anding 
 fuUy concurs in the judgment of the Court. In all the 
 transactions with which he was implicated — in one as a 
 chief, and in the other as a subordinate agent — he was not 
 only acting the part of a spy in procuring information to 
 be used for hostile jnirposes, but he wa.s also committing 
 acts condemned by the common judgment and the com- 
 mon conscie:ice of all civilized states, except when done in 
 open warfare by avowed enemies. Throughout these trans- 
 actions he was not. only in disguise, but personating a 
 false character. 
 
 It is not at all essential to tho purpose of sustaining the 
 finding of the Court, and yet it is not inappropriate, to 
 state, as an indication of the animus of the accused and 
 his confederatis, that the attempts to throw the railroad 
 train off the track were made at night, when the obstruc- 
 tion would bo less likely than in the daytime to be noticed 
 by the engineer or conductor, thus putting in peril the lives 
 of hundreds of men, women, and children. In tiiese at- 
 t'jmpts three officers, holding commissions in the military 
 service of the insurgent States, were concerned. The ac- 
 cused is shown by tho testimony to be a man of education 
 and refinement, and it is difficult to account for his agency 
 in transactions so abhorent to the moral sense, and to in- 
 consistent with all the rules of honorable warfare. 
 
 The accused, in justification of the transaction on Lake 
 Krie, produced the manifesto of Jefferson Davis, assuming 
 the responsibility of the act, and declaring that it was 
 done by his authority. It is hardly neces3.ary to say that no 
 such assumption can sanction an act not warranted by the 
 laws of civilized warfare. If Mr. Davis were at the head 
 of an independent government, recognized as such by other 
 nations, ho would have no power to sanction what the 
 usage of civilized states has condemned. Tbe Gorernmt:nt 
 of the United States, from a desire to mitigate tbe aj-perities 
 of war, has given to the insurgents of the South tbe bene- 
 fit of the rules which govern sovereign states in tbe con- 
 duct of hostilities with each other; and any violation of 
 those rules should, for the sake of good order hero and tho 
 cause of humanity throughout tho world, be visited with 
 the severest penalty. ^Var, under its mildest aspects, is 
 tbe heaviest calamity that can befall our race; and he who, 
 in a spirit of revenge or with lawless violence, transcends 
 the limits to which it is restricted by the common behest 
 of all Christian communities, should receive the punish- 
 ment which the common voice has declared to be due to 
 the crime. The Major General Commanding feels that a 
 want of firmness and inflexibility on his part, in executing 
 tho sentence of death in such a case, would be an ot- 
 feiice against tho outraged civilization and humanity of 
 the .ago. 
 
 It is hereby ordered that John Y. Beall be hanged by the 
 neck till he is dead, on Governor's Island, on Friday, tho 
 24th day of February, iust., between the hours of 12 m. and 
 2 in the .afternoon.* 
 
 The commanding officer at Fort Columbus is charged 
 with the execution of this oi-der. 
 
 By command of Major General Dis : 
 
 D. T. VAN BDREN, 
 Colonel and Assistant Adjutant General. 
 CASE OF ROBERT C. KICNN'EDY. 
 HE.iDQn.^RTERS DeP.VRTJIENT OF TKE E\ST, 
 
 New York City, Marc/i '20th,1665. 
 
 [General Orders, No. 24.] 
 
 1. Before a Military Commission, which convened at Fort 
 Lafiiyette, New York Harbor, au.l at New York rity, by 
 virtue of Special Orders, No. 14, current series, from these 
 Headquarters, of January 17th, 1865, and of which Brig.- 
 Gen.Fitz Henry Warren, United States Volunteers, is Pres- 
 ident, was arraigned and tried : 
 
 Jiobert C. Kenned;/. 
 
 Ch.vkge I. — " Acting as a spy." 
 
 * In tho Virginia Senate, March 3, 1865, joint resolutions 
 were unanimously adopted expressing the sentiments of 
 the General Assembly in regard to tho execution of John 
 Yates Beall, and reconiincnding the adoption of such steps 
 iis may be necessary in ri'taliatinnforthe offence committed 
 by the authorities of the United States. 
 
APPENDIX. 
 
 553 
 
 rpecification Isf.—" In this, that Robert C. Kennedy, a 
 captain in tlie military service of the insurgent States, was 
 found actins as a ^py in the City of New York, in the State 
 of New Yurk, on or about the first dity of November, 1SG4." 
 
 Specification -M.—'^ la this, that Robert C. Kennedy, a 
 captaiii in the military service of the insurgent States, was 
 found a tin:; as a soy in the City of Detroit, in the State of 
 Michigan, on or about the 29th day of December, 18&4." 
 
 Char'^.e II.— ^' Violation of the laws of war." 
 
 Specification.—" In this, that Robert C. ICennedy, a cap- 
 tiiin in the military service of the insurgent Stales, under 
 tookto carry on irregular and inilawful warfare in the City 
 aud^tate of New York, and, in the execution of said un- 
 dertaking, attempted to burn and destroy said city of New 
 York, by setting tire thereto. AH this in said city of New 
 York on or about the 25tli day of November, 1S64." 
 
 To whicli charges and specifications the accused pleaded 
 "Not Guilty." 
 
 Fi-Vm.m; — Of specification 1st, charge T, "Guilty." 
 
 Of spicilication id, charge I, "Guilty." 
 
 Of (h-ru'c I, "Guilty." 
 
 Of -I 0' iSication, charge II, "Guilty." 
 
 Of chu-e II, "Guilty." 
 
 Sentence. — And, thereupon, the Commission sentence 
 him, said llobert C. Kennedy, Captain in the military ser- 
 vice of the insurgent States, " to be hanged by the neck 
 tintil dead, at such time and place as the General in com- 
 mand of the Department may direct," two thirds of the 
 mi^mbcrs concurring therein. 
 
 II. The Major-Geueral Commanding approves the pro- 
 ceeding*, finding and sentence of the court. It is shown 
 bj" the testimony: 
 
 1. Tiiat the accused has been an officer in the service of 
 the insiirirent States since August, 1861. 
 
 2. Thiithe was in the City of New York in disguise, and 
 under a false name, in the month of November, several 
 weeks immediately preceding the attempt to set the city 
 on fire. 
 
 3. That he was here for a purpose which he refused to 
 di.sckise. and that he returned hastily byuiuht to Can.ada. 
 
 4. That he stated, in the presence of several persons, that 
 he set fire to Damum's Museum, and to one of the " down 
 towu" hotels ; and 
 
 5. That he was arrested at Detroit in disguise, armed 
 with a revolver, travelling under a false name, and with a 
 passport representing himself to be a loyal citizen. 
 
 On proof of th( se lacts, he was convicted of acting as a spy 
 and carrying on irregular and illegal warfare. The person 
 who testiiied to his confession of having set on fire Barnum's 
 Museum and one of the hotels in the hjwer part of the 
 city, was not under duress or an accomplice, was a reluct- 
 ant witness, and could have had no motive to make a false 
 statement. He is corroborated by other testimony. 
 
 The attempt to set fire to the city of New York is one of 
 the greatest atrocities of the age. There is nothing in the 
 annals of barbarism, which evinces greater vindictiveness. 
 It was r.ot a mere attempt to destroy the city, but to set 
 fire to crowded hotels and plqces of public resort, in order to 
 secure the greatest possible destruction of human life. The 
 evidence sliows that Barnum's Museum and ten hotels were 
 fired on the evening of the 25th of November, the fires in 
 most of them breaking out in quick succession, and indi- 
 cating not only deliberate and complex design and concert 
 on the part of the incendiaries, but a cool calculation to 
 create so many conflagrations at the same time as to baffle 
 the eftbrts of the Fire Department to extinguish them. In 
 all the buildings fired, not only non-combatant men, but 
 women and children, were congregate* in great numbers; 
 and nothing but the most diaboUcal spirit of revenge could 
 have impelled the incendiaries to acts so revolting. 
 
 The participation of the accused in this inhuman enter- 
 prise is a crime, which follows liim, and his liability to an- 
 swer forit is not to be cast off by withdrawing for a time from 
 the jurisdiction within which it was committed. He has 
 not only been guilty of carrying on irregular warfare, in 
 violation of the usages of civilized States in the conduct of 
 war but lie lias, by outraging every principle of humanity, 
 incurred the highest penalty known to tlie law. 
 
 His escape! to Canada was followed in a few days by his 
 return to the United States, again in disguise, with a new 
 name, and personating a loyal citizen, while holding a com- 
 mission in the service of the insurgents, thus furnishing, 
 the highest /)ru»ia/acic evidence thathewasactiiigasaspy." 
 No rebutting evidence was produced on the trial,' although 
 it continued twenty-three days, of which fifteen were given 
 to the accused, by adjournments, to procure testimony and 
 prepare his defence. Two papers were read as a part of his 
 address to the Court ; one a pledge given to the transporta- 
 tion agent in Canada, to return with all due diligence " to 
 the Confedenicy," and the other, a certificate made by him 
 that he was a citizen of the State of Louisiana, with ii request 
 that he uii:j:ht bo provided with means to return " to tiie 
 Confederacy."' Admitting their genuinene.ss, they do not 
 repel the presumption raised by the circiuustauces attend- 
 
 ing his arrest — the disguise and the ftilse pretences, with 
 which he Vk-as found within our lines. His flight to Canadt) 
 was not a return within the lines of his own army. If ha 
 had found his way back to the insurgent States, and had 
 been subsequently captured in battle, he could i;ot have 
 been convicted under the first specification of the first 
 charge. But neither of these facts exists to remove or 
 terminate his liability to conviction under that specifica- 
 tion. 
 
 Whatever question may exist as to the effect of his re- 
 turn to Canada, sifter having lurked as a, spy, as charged 
 in the first specification, no such question can arise as to 
 his guilt as a spy, as charged in the second specification, 
 which sets forth an offence entirely distinct from the first, 
 of which he hits been convicted on full proof. 
 
 The Major General Commanding considers his duty as 
 clear in this case as in that of Beall. The lives, the prop- 
 erty, the domestic security of non-dhmbatant citizens musl 
 bo protected against all invasion not in >\r\{ r.crordancc 
 with the laws and usages of civiii, 1 S; f in Ih . n IikI 
 of war. Crimes, which outrage 11 ; ! i ne 
 
 by their atrocity, must not only 1 ; 1 He 
 
 trators be deprived of the powir <-\ i p : lii t ^ m. lail 
 the sternest condemnation of the bnv mn-t le jui - :ntedic 
 otherfi to deter them from the commission of similar enor- 
 mities. 
 
 Robert C. Kennedy will be hanged by the neck till he i( 
 dead, at Fort Lafayette. New York Harbor, on Saturday 
 the twenty-fifth day of JIarch instant, between the houn 
 of twelve, noon, and two in the afternoon. 
 
 The Commanding Officer of Fort Lafayette is charged 
 with the exectttion of this order. 
 
 By command of Major General Dix : 
 
 D. T. VAN BUREN, 
 Colonel and Ass't AdJ't Gen. 
 
 The Military and Rev. S. H. Wing- 
 field. 
 
 Headquauters Nokfolk and Poktsmotjth, 
 Norfolk, Va., February 25, '64. 
 [Special Orders No. 44.] 
 
 IV. — It having been reported to the General Command 
 ing that .S'. H. iVinofield, of Portsmouth, is an avowed se 
 cessiouist, and that he takes every opportunity to dissemi- 
 nate his traitorous dogmas, much to the annoyance of hij 
 loj'al neighbors, and that on one occasion at a place oi 
 worship, while the prayer for the President of the United 
 States was being read, his conduct was such as to annoy and 
 disgust the loyal portion of the congregation; and believ- 
 ing a wholesomo example is necessary for the benefit of Mr. 
 Winafield in particular, and the class' in this community he 
 represents in general — men of education and ability, who 
 use the talents God has given them for the purpose ol 
 stirring up strife against the Government of the United 
 States ; 
 
 It is therefore ordered that the Proi'ost Marshal arrest 
 Mr. S. IT. Wuirjfield, and that he be turned over to Col 
 ■SawfcH'j to work for three (3) months cleaning the streets 
 of Norfolk and Portsmouth, thus employing his time foi 
 the benefit of the Government he has abused, and in a 
 small way atone for his disloyalty and treason. 
 
 By order of Brig. Gen'l E. A. VVild : 
 
 GEORGE II. JOHNSTON, 
 
 Capt. and Asst. Adjt. Gen'l. 
 
 [By Telecrram from Fort Monroe, dated March 1st, '64.] 
 To Brig. Genu Wild : 
 
 The remainder of the sentence imposed by Brig. Gen"! 
 Wild on the Rc-v. Mr. Win-field is remitted ; he will bo sent 
 to Capt. Cassells at Fort Monroe for custody. His punish- 
 ment is remitted, not from respect for the man or his acts, 
 or because it is unjust, but because its nature may be snii- 
 posed to reflect upon the Christian Churcli, which, by his 
 connection with it, has been alreadj'too much disgraced. 
 
 By command of Maj. Gen'l Butler : 
 
 A. F. PUFFER, 
 
 Capt. and A. D.C. 
 
 [By Telegram from Fort Monroe, dated March 4th, '64.] 
 To Brig. Geo'l WiLn : 
 
 Did you receive my order of the 1st inst., by telegraph, 
 concerning Wingfield? 
 
 BEN J. F. BUTLER, Maj. Gen'l. 
 
 [By Telegram from Fort Monroe, dated March 4th, '64.] 
 To Urig. Gen'l Wild: 
 
 The order concerning Wingfield was sent you by tele- 
 graph, but by the blindness of the operators did not reach 
 you. BEXJ. F. BUTLER. 
 
 ilajor Gen'l Cont'd' 
 
554 
 
 APPENDIX. 
 
 [By Telegram from Fort Monroe, dated March 12th, '64.] 
 To Lrig. Geii'l Wild: 
 Wrote you this A. M. about Wingfifld. 
 
 BEN J. F. BUTLER, JUaJ. GerCl. 
 
 \V,y Telegram from Fort Monroe, dated March 29th, '64.] 
 Do Brig. Gen'l Wild: 
 
 It is complained to me that no hearing was had by Wing- 
 leld previous to his sentence; if so, is there any objection 
 M a hearing before me ? 
 
 BENJ.F. BUTLER, Maj. Gen'l. 
 
 Gen'l Pope's Modification of Gen, 
 Rosecrans's Order respecting Reli- 
 gious Convocations. 
 
 Paragraph 3, of Special Order No. 62, from the office of 
 ?rovoet Marshal General, of date March 8, 1864, prescribing 
 
 rules to be observed by religious convocations, is hereby so 
 modified as to read as follows: 
 
 '• It is hereby made the duty of all such assemblages to 
 submit the roll of the members of their organization to 
 the Provost Marshal of the district iu wliich the assem- 
 blage has convened, before proceeding to the transaction ol 
 business. 
 
 " The Provost Marshal to whom the roll is submitted 
 will thereupon proceed to ascertain from the records of his 
 oflice whether any of the members of said assemblage h «ve 
 failed to take ami subscribe to the oath prescribed by said 
 Special Orders No. 62, and any person found to have BC 
 failed will be by him at once forbidden to participirte ir 
 the business of the assembly, until such time as he has 
 complied with the requirements of said order; and should 
 any person so forbidden meet with or attempt in any man- 
 ner to participate in the doings of siud assembly, he will 
 be immediately arrested and sent to this office, with s 
 statement of the facts in his case." 
 
 J. H. BAKER, 
 Provost Marshal General. 
 
PROCEEDINGS 
 
 SECOND SESSION OF THE THIRTY-EIGHTH CONGRESS OF THE UNITED STATES, 
 AND THE SECOND SESSION OF THE SECOND CONGRESS OF THE 
 REBEL STATES. , 
 
 Second Session, Thirty-Eighth Congress. 
 
 pKKsiDEXT Lincoln's fourth annual message, 
 
 DECEMBER 5, 1864. 
 FellcnB-Citizens of the Senate 
 
 and House of Representatives: 
 
 Again the blessings of health and abundant harvests 
 ilaim our profoundest gratitude to Almighty God. 
 
 The condition of our foreign affairs is reasonably satis- 
 fai-tory. 
 
 Mexico continues to be a theatre of civil war. While our 
 political relations with that country have undergone no 
 change, we have, at the same time, strictly maintained neu- 
 trality between the belligerents. 
 
 At the request of the States of Costa Eica and Nicaragua, 
 a competent engineer has been authorized to make a sur- 
 vey of the river San Juan and the port of San Juan. It is 
 a source of much satisfaction that the difficulties which 
 for a moment excited some political apprehensions, and 
 caused a closing of the inter-oceanic transit route, have 
 been amicably adjusted, and that there is a good prospect 
 that the route will soon be reopened with an increase of 
 capacity and adaptation. We could not exaggerate either 
 the commercial or the political importance of that great 
 improvement. 
 
 It would be doing injustice to an important South Amer- 
 ican State not to acknowledge the directness, frankness, 
 and cordiality with which the United States of Colombia 
 have entered into intimate relations with this Government. 
 A claims convention has been constituted to complete the 
 unfinished work of the one which closed its session in 1861. 
 
 The new liberal constitution of Venezuela having gone 
 into effect with the universal acquiesence of the people, 
 tho Government under it has been recognized, and diplo- 
 matic iirorcourse with it has opened in a cordial and friend- 
 ly spirit. The long-deferred Aves Island claim has been 
 satisfactorily paid and discharged. 
 
 Mutual payments have been made of the claims awarded 
 by the late joint commission for the settlement of claims 
 between the tfnited States and I'eru. An earnest and cor- 
 dial friendship continues to exist between the two coun- 
 tries, and such efforts as were in my power have been used 
 to remove misunderstjinding and avert a thi-eatenod wai- 
 between Peru and Spain. 
 
 Our relations are of the most friendly nature with Cliili, 
 the Argentine Republic, Bolivia, Costa llica, Paraguay, Sau 
 Salvador, ajid Hayti. 
 
 During the past year no differences of any kind have 
 arisen with any of those republics, and, on the otlier hand, 
 their sympathies with the United States are constantly ex- 
 pressed with cordiality and earnestness. 
 
 The claim arising from the seizure of the cargo of the 
 brig Macedonian in 1821 has been paid in full bytlie gov- 
 ernment of Chili. 
 
 Civil war continues in the Spanish part of San Domingo, 
 apparently without prospect of an early close. 
 
 Official correspondence has been freely opened with Libe- 
 ria, and it gives us a pleasing view of social and political 
 pro.^^rcss in that republic. It may bo expected to derive 
 II. Av vi;,' ir from American influence, improved by tho rapid 
 dis;ippiaranceof slavery in the United states. 
 
 I .-(jliuit your authority to furnish to the republic a gun- 
 l'u;it at moderate cost, to be reimbursed to tlie United 
 t^tat''s hy instalhnents. Sucli a vessel is needed for tho 
 Fat ty ut iliLt State against the native African races ; and 
 ill biliniiii hands it would be more effective in arresting 
 tlie Af; iraii >lave trade than a squadron in our own hands. 
 Tlic possession of tho least organized naval force would 
 Btimulate a generous ambition in the republic, and the con- 
 
 fidence which we should manifest by furnishing it wonld 
 win forbearance and favor towards the colony from all civ- 
 ilized nations. 
 
 The proposed overland telegraph between America and 
 Europe, by the way of Behring's Straits and Asiatic Russia, 
 which was sanctioned by Congress at the last session, haa 
 been undertaken, under very favorable circumstances, by 
 an association of American citizens, with the cordial good- 
 will and support as well of this government as of those of 
 Great Britain and Russia. Assurances have been received 
 from most of the South American States of their high a.p- 
 preciation of the enterprise, and their readiness to co-oper- 
 ate in constructing lines tributary to that world-encircling 
 communication. I learn with much satisfaction that the 
 noble design of a telegraphic commrmication between the 
 eastern coast of America and Great Britain has been re- 
 newed with full expectation of its early accomplish- 
 ment. 
 
 Thus it is hoped that with the return of domestic 
 peace the country will be able to resume with energy 
 and advantage its former high career of commerce and 
 civilization. 
 
 Our very popular and estimable representative in Egypt 
 died in April last. An unpleasant a.*orcation which arose 
 between the temporary incumbent of the office and the 
 government of the Pasha resulted in a suspension of inter- 
 course. The evil was promptly coiTected on the arrival of 
 the successor in the consulate, and our relations with Egypt, 
 •IS well as cm- relations with tho Barbary Powers, are en- 
 tirely satisfactory. 
 
 The rebellion which has so long been flagrant in China, has 
 at hist been suppressed, with the cooperating good offices of 
 this government and of the other western commercial 
 States. Tlie judicial consular establishment there has be- 
 come very difficult and onerous, and it will need legislative 
 revision to adapt it to the extension of our commerce and 
 to the more intimate intercourse wliich has been instituted 
 with the government and people of that vast empire. China 
 seems to bo accep'ting with hearty good-will tlie conven- 
 tional laws which regulate commercial and social inter- 
 course among the western nations. 
 
 Owing to the peculiar situation of Japan, and the anom- 
 alous form of its government, the action of that empire in 
 performing treaty stipulations is inconstant and capricious. 
 Nevertlielcss, good progress has been effected by the west- 
 ern powers, moving with enlightened concert. Our own 
 pecuniary claims have been allowed, or put in course of 
 settlement, and the inland sea has been reopened to com- 
 merce. There is reason also to believe that these proceed- 
 ings have increased rather than diminished the friendship 
 of Japan towards the United States. 
 
 Tlie ports of Norfolk, Feniaudina, and Pensacola have 
 been opened by proclamation. It is hoped that foreign 
 merchants will now consider whether it is not safer and 
 more profitable to themselves, as well as just to the United 
 States, to resort to these and other open ports, than it is to 
 pui-sue, tlirough many hazards, and at v:ist cost, a contra- 
 band trade with tho other ports which are closed, if not by 
 actual military occupation, at least by a lawful and effect- 
 ive blockade. 
 
 For myself, I have no doubt of tho power and duty of the 
 Executive, under the law of nations, to exclude enemies of 
 the human race from an .a.syUim in the United States. If 
 Congress should tliiiik tliat proceedings in sucli cases lack 
 the authority of law, or oii-ht to bo further regulated by it, 
 I recommend tliat pii.visinn be made for effectually pre- 
 venting foreign slave-traders from acquiring domicile and 
 facilities for their criminal occupation in our country. 
 
 It is ijossiblc that, if it were a new and open question, the 
 555 
 
556 
 
 APPENDIX. 
 
 maritime powers, with the lights they now enjoy, would 
 not concede the privileges of a naval Itelligeren't to the 
 insurgents of the United States, destitute, as they are, 
 and always have been, equally of ships-of-war and of 
 ports and harbors. Disloyal emissaries have been nei- 
 ther hss assiduous nor more successful during the last year 
 than tlicy were before that time in their efforts, under fa- 
 vor of that privilege, to embroil our country in foreign 
 wars. The desire and determination of the governments of 
 the maritime States to defeat that design are believed to be 
 as sincere as, and cannot be more earnest than, our own. 
 Nevertheless, unforeseen political difficulties have arisen, 
 especially in Brazilian and British ports, and on the north- 
 ern boundary of the United States, which have required, and 
 are likely to continue to require, the practice of constant 
 vigilance, and a just and conciliatory spirit on the part of 
 the United States, as well as of the nations concerned and 
 their governments. 
 
 Commissioners have been appointed under the treaty 
 with Great Britain on the adjustment of the claims of the 
 Hudson's Bay and Puget Sound Agricultural Companies, in 
 Oregon, and are now proceeding to the execution of the 
 trust assigned to them. 
 
 In view of the insecurity of life and property in the re- 
 gion a Jjacent to the Canadian border, by reason of recent 
 assaults and depredations committed by inimical and des- 
 perate persons who are harbored there, it has been thought 
 proper to give notice that after the expiration of six 
 months, the period conditionally stipulatecfin the existing 
 arrangement with Great Britain, the United States must 
 hold themsirves at liberty to increase their naval arma- 
 ment upon the lakes if they shall find that proceeding ne- 
 cessary. The condition of the border will necessarily come 
 into consideration in connection with the question of con- 
 tinuing or modifying the rights of transit from Canada 
 through the United States, as well as the regulation of im- 
 posts, which were temporarily established by the recipro- 
 city t reaty of the 6th June, 1854. 
 
 I desire, however, to be understood, while making this 
 statement, that the colonial authorities of Canada are not 
 deemed to be intentionally unjust or unfriendly toward the 
 United States ; but, on the contrary, there is every reason 
 to exp^'ct that, with the approval of the imperial govern- 
 ment, they will take the necessary measures to prevent new 
 incursions across the border. 
 
 The act passed at the last session for the encouragement 
 of emigration has, so far as was possible, been put into 
 operation. It seems to need amendment which will ena- 
 ble the ofBcers of the government to prevent the practice 
 of frauds against the immigrants while on their way and on 
 their anival in the ports, so as to secure them here a free 
 choice of avocations and pla.es of settlement. A liberal 
 disposition toward this great national policy is manifested 
 by most of the European States, and ought to be recipro- 
 cated on our part by giving the immigrants effective na- 
 tional protection. I regard our emigrants as one of the 
 principal replenishing streams which are appointed by Prov- 
 idence t^i repair the ravages of internal war and its wastes 
 of national strength and health. All that is necessary is to 
 secure the flow of that stream in its present fullness, and 
 to that end the government must in every way make it 
 manifi'st that it neither need."! nor designs to impose invol- 
 untary military service upon those who come from other 
 Ijjnds to cast their lot in our country. 
 
 The financial affairs of the government have been suc- 
 cessfully administered during the last year. The legisla- 
 tion of the last session of Congress has beneficially affected 
 the revenues, although suflicieut time has not yet elapsed to 
 experience the full effect of several of the provisions of the 
 acts ot Congress imposing increased taxation. 
 
 The receipts during the year, from all sources, upon the 
 basis of warrants signed by the Secretary of the Tre;isury, 
 including loans and the balance in the Treasury on the 1st 
 day of July, 1863, were $1,394,790,007 62; and the aggre- 
 gate disbursements, upon the same basis, were $1,298,056,- 
 101 89, leaving a balance in the Treasury, as shown by 
 warrants, of $96,739,905 73. 
 
 Deduct from these amounts the amount of the principal 
 of the public debt redeemed, and the amount of issues in 
 substitution therefor, and the actual cash operations of the 
 Treasury were : receipts, $884,076,046 57 ; disbursements, 
 $865,234,087 86 ; which loaves a cash balance in the Treas- 
 ury of $18,842,558 71. 
 
 Of the receipts, there were derived from customs, 
 $102,316,152 99; from lands, $588,333 29; from direct 
 taxes, $475,648 96; from injtornal revenue, $109,741,134 10; 
 from miscellaneous sources, $47,511,448 10; and from loans 
 applied to actual expenditures, including former balance. 
 $023,443,929 13. 
 
 There wore disbursed, for the civil service, $27,505,599 46 ; 
 for pensions and Indians, $7,517,930 97; for the AV'ar De- 
 partment, 8690,791,842 97; for the Navv Department, 
 $85,733,292 77; for interestof thopuIilicdebt,S.J:i,US5,421 69 
 —making an aggregate of $805,234,087 SO, and leaving a 
 
 balance in the Treasury of $18,842,558 71, as before sta- 
 ted. 
 
 For the actual receipts and disbursements for the first 
 quarter, and the estimated receipts and disbursements for 
 the three remaining quarters of the current fiscal year, and 
 the general operations of the Treasury in detail, I refer you 
 to the report of the Secretary of the Treasury. I concur 
 with him in the opinion that the prnportion of moneys re- 
 quired to meet the expenses consequent upon the war de- 
 rived from taxation should be still further increased ; and 
 I earnestly invite your attention to this subject, to the end 
 that there may be such additional legislation as shall he 
 required to meet the just expectations of the Secretary. 
 
 The public debt on the 1st day of July last, as appears by 
 the books of the Treasury, amounted to $1,740,090,489 49. 
 Probably, should the war continue for another year, that 
 amount may be increased by not far from $o6o,000,000. 
 Held, as it is for the most part, by our own people, it has 
 become a substantial branch of national, though private, 
 property. Tor obvious reasons, the more nearly this prop- 
 erty can be distributed among all the people the better. 
 To iiivor such general distribution, greater inducements to 
 become owners might, perhaps, with good effect and with- 
 out injury, be presented to persons of limited means. With 
 this view, I suggest whether it might not be both compe- 
 tent and expedient for Congi-ess to provide tliat a limited 
 amount of some future issue of public seouriti<'S might be 
 held by any bonajide purchaser exempt from taxation and 
 from seizure for debt, under such restrictions and limita- 
 tions as might be necessary to guard against abuse of so 
 important a privilege. This would enable every prudent 
 person to set aside a small annuity against a possible day of 
 want. 
 
 Privileges like these would render the possession of such 
 securities, to the amount limited, most desirable to every 
 person of small means who might be able to save enough 
 for the purpose. The great advantage of citizens being 
 creditors as well as debtors, with relation to the public 
 debt, is obvious. Men readily perceive that they cannot be 
 much oppressed by a debt which they owe to themselves. 
 
 The public debt on the 1st day of July last, although 
 somewhat exceeding the estimate of the Secretary of the 
 Treasury made to Congress at the commencement of the 
 last session, falls short of the estimate of that ollicer made 
 in the preceding December, as to its probable amount at the 
 beginning of this year, by the sum of $3,995,097 31. Thia 
 fact exhibits a satisfactory condition and conduct of the 
 operations of the Treasury. 
 
 The national banking system is proving to be acceptable 
 to capitalists and to the people. On the 25th day of No- 
 vember five hundred and eighty-four national banks had 
 been organized, a considerable number of which were con- 
 versions from State banks. Changes from State systems to 
 the national system are r.ipidly taking place, and it is 
 hoped that very soon there will be in the United States no 
 banks of issue not authorized by Congress, and no bank- 
 note circulation not secured by the Government. That the 
 Government and the people will derive great benefit from 
 this change in the banking systems of the coiHitry can 
 hiu-dly be questioned. The national system will create a 
 reliable and permanent iulluence in support of the national 
 credit, and protect the people against losses in the use of 
 paper money. Whether or not any further legislation is 
 advisable for the suppression'of State bank issues it will be 
 for Congress to determine. It seems quite clear that the 
 Treasury cannot be satisfactorily conducted unless the 
 Government can exercise a restraining power over the 
 bank-note circulation of the country. 
 
 The report of the Secretary of War and the accompanying 
 documents will detail the campaigns of the armies in the 
 field since the date of the last annual message, and also the 
 operations of the several administrative bureaus of the AVar 
 Department during the last year. It will also specify the 
 measures deemed essential for the national defence, and to 
 keep up and supply the requisite military force. 
 
 Tlie report of the Secretary of the Navy presents a com- 
 prehensive and satisfactory exhibit of the affairs of that 
 Department and of the naval service. It is a siibject of 
 congratulation and laudable pride to our countrymen that 
 a navy of such vast proportions Inis been organized in so 
 brief a period, and conducted with so much elKeiency and 
 
 The general exhibit of the Navy, including vessels under 
 construction on the Ist of December, 1804, shows a total of 
 671 vessels, carrying 4,610 guns, and of 510,396 tons, being 
 an actual increase during the year, over and above all 
 losses by shipwreck or in battle, of 83 vessels, 167 guns, and 
 42,427 tons. 
 
 The total number of men at this time in the naval ser- 
 vice, including onicers,is about 51,000. 
 
 There have been captured by the Navy during the year 
 324 vessels, and the whole number of naval captures ^inco 
 hostilities cnninienccd is 1,."79, of which 207 arc. sluaniers. 
 
 The gross proceeds arising from tlie sale of tondeuincd 
 
APPENDIX. 
 
 557 
 
 prize property, thus far reported, amount to 514,396.250 51. 
 A l-.irge amount of such proceeds is still under adjudica- 
 tion, and yet to be reported. 
 
 The total expenditure of the Navy Department of every 
 description, including the cost of the immense squadrons 
 tli.-it have been called into existence from the 4111 of Jlarch, 
 1S61, to the 1st of November, 1864, are S23S,6i7,262 35. 
 
 Your favorable consideration' is invited to the various 
 recommendations of the Secretary of the Navy, especially 
 in regard to a navy-yard and suitable establishment for the 
 construction and repair of iron vessels, and the machinery 
 and armature for our ships, to which reference was made 
 iu my last annual messuge. * 
 
 Your attention is also invited to the views expressed in 
 the report in relation to the logishition of Congress at its 
 last session in respect to prize on our inland waters. 
 
 I cordially concur in the recommendation of the Secre- 
 tiiry as to the propriety of creating the new rank of vice 
 admiral in our naval service. 
 
 Your attention is invited to the report of the Postmaster 
 General for a detailed account of the operations and finan- 
 cial condition of the Post OlHce Dopartiueut. 
 
 The postal revenues for the joar ending June 30, 1864, 
 amounted to 812,438,253 78, and thn expenditures to S12,- 
 644,786 20; the excess of expenditures over receipts being 
 $206,532 42. 
 
 The views presented by the Postmaster General on the 
 subject of special grants by the government in aid of the 
 establishment of new lines of ocean mail steamships and 
 the policy ho recommends for the development of increased 
 commercial intercourse with aojacent and neighboring 
 countries, should receive the careful coiiaideratiou of Con- 
 gress. 
 
 It is of noteworthy interest that the steady expansion of 
 population, improvement, and governmental institutions 
 over the new and imoocupied portions of our country has 
 scarcely been checked, much less impeded or destroyed, by 
 our great civil war, which at first glance would seem to 
 have absorbed almost the entire energies of the nation. 
 
 The organization and admission of the Slate of Nevada 
 has been completed in conformity with law, and thus our 
 excellent system is firmly established in the mountains 
 which once seemed a barren and uninhabitable waste be- 
 tween the Atlantic States and those which have grown up 
 on the coast of the Pacific ocean. 
 
 The Territories of the Union are generally in a condition 
 of prosperity and rapid growth. Idaho and Montana, by 
 reason of their gi'eat distance and the interruption of com- 
 munication with them by Indian hostilities, have been only 
 partially organized; but it is understood that these dii- 
 ficultie.s are about to disappear, which will permit their 
 governments, like those of the others, to go into speedy 
 and full operation. 
 
 As intimately connected with and promotive of this 
 material growth of the nation, I ask the attention of Con- 
 gress to the valuable information and important recom- 
 mendations relating to the public lands, Indian aifairs, the 
 Pacific railroad, and mineral discoveries conjained in the 
 report of the Secretary of the Interior, which is herewith 
 transmitted, and which report also embraces the subjects 
 of patents, pensions, and other topics of public interest 
 pertaining to his Department. 
 
 The quantity of public land disposed of during the five 
 quarters ending on the 30th of September last was 4,221,342 
 acres, of which 1,538,614 acres were entered under the 
 homestead law. The remainder was located with military 
 land warrants, agricultural scrip certified to States for 
 railroads, and sold for cash. The cash received from sales 
 and location fees was $1,019,446. 
 
 The income from sales during the fiscal year ending tho 
 COth of June, 1864, was $678,007 21, against 5130,077 05 
 received during the preceding year. The aggregate number 
 of acres s^urveyed during the year has been equal to the 
 quantity disposed of; and there is open to settlement about 
 133,000,000 acres of surveyed land. 
 
 Tile great enterprise of connecting the Atlantic with the 
 Pacific States by railways and telcgi-aph lines has been en- 
 tered upon with a vigor that gives assurance of success, 
 notwitlistanding the embarrassments arising from the pre- 
 vailing liigb pricesof materials and labor. Theroute of the 
 main line of the road has been definitely located for one 
 bnndnd niiies westWiU-d from the initial point at Omaha 
 City, Nolmiska, and a preliminary location of tho Pacific 
 raiiroail of California has been made from Sacramento 
 eastwaid to the great bcyid of theTruckee river in Nevada. 
 Nunici (HIS discoveries of gold, silver, and cinnabar mines 
 have liecn added to tho many heretofore known, and the 
 country ociupicd liy the Sierra Nevada and Rocky moun- 
 tains, and tlic subordinate ranges, now teems with enter- 
 prising lai'ur. which is richly remunerative. It is believed 
 that the proiinct of tlieiuines of precious metals in that 
 region h.is, during the year, reached, if not exceeded, one 
 hundred millions in value. 
 It was rccommeuded iu my last annual message that our 
 
 Indian system be remodeled. Congress, at its last f 
 acting upon the recommendation, did provide for reorgan- 
 izing the system in California, and it is believed that under 
 tho present organization the mangement of tho Indians 
 there will be attended with reasonable success. Much yot 
 remains to be done to provide for the proper government 
 of the Indians in other parts of llie cour.ciy to render it 
 secure for the advancing settler and to provide for the wel- 
 fare of the Indian." Tlio Secretary reitciates his recom- 
 mendations, ^ind to them tho attention of Congress is in- 
 vited. 
 
 Tho liberal provisions mado by Congress for paying pen- 
 sions to invalid soldiers and sailors of the Republic, and to 
 the widows, orphans, and dependent mothers of those who 
 have fallen in battle, or died of disease contracted or of 
 wounds received in the service of their country, have been 
 dihgently administered. There have been added to the 
 pension rolls, during the year ending the 3 ithday of June 
 last, the names of 16,770 invalid soldiers and of 271 disabled 
 seamen, making the present number of army invalid pen- 
 sioners 22,767, and of navy invalid pensioners 712. 
 
 Of widows, orphans, and mothers, 22,108 have been 
 placed on the army pension rolls, and 248 on the navy 
 rolls. The present number of army pensioners of this class 
 is 25,433, and of the navy pensioners 793. At tho beginning 
 of the year the number of revolutionary pensioners was 
 1,430; only twelve of them wore soldiers, of whom seven 
 have since died. The remainder are thoso who, under the 
 law, receive pensions because of relationship to revolution- 
 ary soldiers. During the year ending the 'Oth of June, 
 1864, $4,504,616 92 have been paid to pensioners of all 
 classes. 
 
 I cheerfully commend to your continued patronage the 
 benevolent institutions of tho District of Columbia which 
 have hitherto been established or fostered by Congress, and 
 respectfully refer, for information concerning them, and in 
 relation to the Washington aqueduct, the Capitol, and 
 other matters of local interest, to the report of the 
 Secretary. 
 
 Tlie Agricultural Department, under the supervision of 
 its present energetic and faithful head, is rapidly commend- 
 ing itself to the great and vital interest it was created to 
 advance. It is peculiarly the people's Department, in 
 which they feel more direc.ly concerned than in any other. 
 I commend it to the continued attention and fostering care 
 of Congress. 
 
 The war continues. Since the last annual message all 
 the imporUmt lines and positions then occupied by our 
 forces have been maintained, and our arms have ste.idily 
 advanced: thus liberating the regions left in the rear, so 
 that Missouri, Kentuv-ky, Tennessee, and parts of other 
 States have again produced rea-sonably fair crops. 
 
 The most remarkable feature in the military operations 
 of the year is General Sherman's attempted march of liir e 
 hundre'd miles directly through tho insurgent region. It 
 tends to show a great increase of our relative strength that 
 our General-in-Chief should feel able to confront and hold 
 in check every active force of the enemy, and yet to de- 
 tach a well appointed large army to move on such an ex- 
 pedition. The result not yet beir s known, conjectm-e in 
 regard to it is not here indulged. 
 
 Important movements have also occurred during the 
 year to the effect of moultUng society for durability in the 
 Union. Although short of complete success, it ii much iq 
 the right direction that twelve thousand citizens in each ol 
 the States of Arkansas and Louisiana have organized loyal 
 State governments, with free constitutions, and are ear- 
 nestly struggling to maintain and administer them. The 
 movements in the same direction, more extensive though 
 less definite, in Missouri, Kentucky, and Tennessee, should 
 not be overlooked. But Maryland presents the example ol 
 complete success. Maryland is secure to liberty and Uninn 
 for all the future. The genius of rebellion will no more 
 claim Maryland. Like another foul spirit, being driven 
 out, it may seek to tear her, but it will woo her no more. 
 
 At the last session of Congress a proposed amendment ol 
 the Constitution abolishing slavery throughout the United 
 States passed the Senate, but failed for lack of the requi- 
 site two-thirds vote in the House of Representatives. Al- 
 though the present is tho same Congress, and nearly tho 
 same members, and without questioning tlie wisdom or 
 patriotism of those who stood in opposition, I venture to 
 recommend the reconsider.ation and passage of the inca.suro 
 at the present session. Of course the abstract qnesticn is 
 not changed ; but an intervening election shows, almost 
 certainly, that the next Congress will p;is3 the measure if 
 this does not. Hence there is only a question of iinu: as to 
 when the proposed amendment will go to the States i'or 
 their action. And as it is to so go, at all events, may we 
 not agree that tho sooner the better? It is not clamed 
 that tho election has imposed a duty on members to 
 change their views or their votes, any further than, as an 
 additional element to be considered, their judgment may 
 be affected by it. It is the voice of the people now, fur the 
 
558 
 
 APPENDIX. 
 
 first time, heard npon the question. In a great national 1 
 crisis like oms, unanimity of action among those seeliiug a 
 common cud is very dcsiniLle — alnmst indispensable. And 
 yet no i'lipioacli to such unanimity is attainable unless 
 some deferinco shall bo i)aid to tlie will of the majority 
 simply lice luso it is the will of the m^ij.irity. In this case 
 the common end i.s the mninlenance uf the Union; and, 
 among the means to secure tliat end, such will, through 
 the election, is most clearly declared in favor of such consti- 
 tutional amendment. 
 
 The most reliable indication of public purpose in this 
 country is derived tliruugh our popular elections. Judging 
 by the recent canvass and its result, the purpose of the 
 people within the loyal States to maintain the integrity of 
 the Union was never more firm nor more nearly unanimous 
 than now. Tile extraordinary^calmness and good order 
 •with which the millions of voters met and mingled at the 
 polls give strong assurance of this. Not only all those who 
 supported the Union ticket, so-called, but a great majority 
 of the opposing party also, may be fairly claimed to enter- 
 tain and to be actuated by the same purpose. It is an un- 
 answerable argument to this effect, that no candidate for 
 any office whatever, high or low, has ventured to seek votes 
 on the avowal that he was for giving up the Union. There 
 have been much impugning of motives, and much heated 
 controversy as to the proper means and best mode of ail- 
 vancing thu Union cause ; but on the distinct issue of Union 
 or no Union the politicians have shown their instinctive 
 knowledge that there is no diversity among the people. In 
 aflfording the people the fair opportunity of showing, one to 
 another and to the world, this firmness and unanimity of 
 purpose, the election has been of vast value to the national 
 cause. 
 
 The election has exhibited another fact not less valuable 
 to be known — the fact that we do not approach exhaustion 
 in the most important branch of national resources — that 
 of living men. While it is melancholy to reflect that the 
 war has filled so many graves and carried mourning to so 
 many hearts, it is some relief to know that, compared with 
 the surviving, the fallen have been so few. While crps 
 and divisions and brigades and regiments have formed and 
 fought and dwindled and gone out of existence, a great ma- 
 jority of the men who composed them are still living. The 
 same is true of the naval service. The election returns 
 prove this. So many voters could not else be found. The 
 States regularly hohhug elections both now and lour years 
 ago, to wit: California, Connecticut, Delaware, Illinois, In- 
 diana, Iowa, Kentucky, Maine, Maryland, Massachusetts, 
 Michigan, Minnesota, Missouri, New Hampshire, New 
 Jersey, Nrw York, Ohio, Oregon, Pennsylvania, Rhode 
 Island, Aiiiu'int, West Virginia, and Wisconsin, cast 
 o.i'oJ.UU voii ■< MOW against 3,870,222 cast then, showing an 
 aggregate ii'.w of 3,982,011. To this is to be added 33,762 
 cast now in the new States of Kansas and Nevada, which 
 States did not vote in 1800, thus swelling the aggregate to 
 4,015,773 and the net increase during the three years and a 
 half of war to 145,551. A table is appended showing par- 
 ticulars. To this again should be added the number of all 
 soldiers in the field trom Massachusetts, Rhode Island, 
 New Jersey, Delaware, Indiana, Illinois, and California, 
 who, by the laws of tliose States, could not vote away from 
 their homes, and which number cannot be less than 90,000. 
 Nor yet is this all. The number in organized Territories is 
 triple now what it was four years ago, while thousands, 
 white and black, join us as the national .arms press back the 
 insurgent lines. So much is shown aflirmatively and nega- 
 tively by the election. It is not material to iaqnire hum 
 the increase has boon produced or to show that it would 
 have been greater but lor the war, which is probably 
 true. The important fact remains demonstrated that we 
 have more men nnw than we had when the war he^an ; that 
 we are not exhausted nor in process of exhaustion ; that wo 
 are gaining strength, and may if need be maintain the con- 
 test indefinitely. This as to men. Material resources are 
 now more complete and abundant than ever. 
 
 The national resources, then, are unexhausted, and, as we 
 believe, inexhaustible. The public purpose to re-establish 
 and maintain the national authority is unchanged, and, as 
 we believe, unchangeable. The manner of continuing the 
 effort remains to choose. On careful consideration of al! 
 the evidence accessible, it seems to me that no attempc at 
 negotiation with the insurgent leader could result in any 
 good. He would accept nothing short of severance of the 
 Union — precisely what we will not and cannot give. His 
 declarations to this effect are explicit and oft repeated. Ho 
 does not attempt to deceive us. He affords us no excuse to 
 deceive ourselves. Ho cannot voluntarily reaccept the 
 Union ; we cannot voluntiirily yield it. Between him and 
 us the issue is distinct, simple, and inflexible. It is an issue 
 which can only be tried by war, and decided by victory. If 
 we yield, we are beaten ; if the Southern people fail him, ho 
 is beaten. Either way, it would bo tho victory and defeat 
 following war. What is true, however, of him who heads 
 the insurgent cause id not necessarily true of those who 
 
 follow. Although he cannot reaccept the Union, they can. 
 i^ome of them, we know, already desire pSace and reunion. 
 The number of such may increase. They can at any mo- 
 ment hiive peace simply by laying down their arms and 
 submitting to the national authority under the Constitution. 
 Alter j-o much, the Government could not, if it would, main- 
 tain war against them. The loyal people would not sustain 
 or allow it. If questions should remain, we would ad- 
 just them by the peaceful means of legislation, conference, 
 courts, and votes, operating only in constitutional and law- 
 ful channels. Some certain, and other possible, questions 
 are, and would be, beyond the executive power to adjust; 
 as, for instance, the admission of members into Congress, 
 and whatever might require the appropriation of money. 
 The executive power itself would be greatly diminished by 
 the cessation of actual war. Pardons and remissions of 
 forfeitures, however, would still be within executive con- 
 trol. In what spirit and temper this control would be ex- 
 ercised can be fairly judged of by the past. 
 
 A year ago general pardon and amnesty, upon specified 
 terms, were offered to all, except certain designated classes ; 
 and it was, at the same time, made known that the excepted 
 classes were still within contemplation of special clemency. 
 During the year many availed themselves of the general 
 ■provision, and many more would, only that the signs of b.ad 
 faith in some, led to such precautionary measures as ren- 
 dered the practical process less easy and certiiin. During 
 the same time also special pardons have been granted to 
 individuals of the excepted classes, and no voluntary appli- 
 cation has been denied. Thus, practically, the door has 
 b( en, for a full year, open to all, except such as were not in 
 condition to make free choice — that is, such as were in cus- 
 tody or under constraint. It is still so open to all. But the 
 time may come — probably will come — when public duty 
 shall demand that it be closed ; and that, in lieu, more rig- 
 orous measvires than heretofore shall be adopted. 
 
 In presenting the abandonment of armed resistance to 
 the national authority on the part of theinsiugents, as the 
 only indispensable condition to ending the war on the part 
 of the Government, I retract nothing heretofore said as to 
 slavery. I repe it the declaration nlade a year ago, that 
 "while I remain in my present position I shall not attempt 
 to retractor molify the emancipation proclamation, nor 
 shall I return to slavery any person who is free by the terms 
 of that proclamation, orby anyof the acts of Congress." If 
 the people should, by whatever mode or means, make it an 
 executive duty to re-enslave such persons, another, and not 
 I, must be their instrument to perlbrm it. 
 
 In st.ating a single condition of pe.ico, I mean simply to 
 say that the war will cease on the part of the Government 
 whenever it shall have ceased on the part of those who be- 
 gan it. ABRAHAM LINCOLN. 
 
 December 6, 1864. 
 
 TahU showing the Aggregate Votes in the States narmd, 
 at the Presidential Elections respectively in 1S60 and 1861. 
 
 1S60. 1864. 
 
 California 118,840 *110,000 
 
 Connecticut 77,246 80,616 
 
 Delaware 16,039 10.924 
 
 Illinois 339,693 348,235 
 
 Indiana 272,143 280,645 
 
 Iowa 128,3.31 143,o31 
 
 Kentucky 146,216 *91,300 
 
 Maine 97,918 116,141 
 
 Maryland 92,502 72,703 
 
 Massachusetts 169,533 175,487 
 
 Michigan 154,747 162,413 
 
 Minnesota 34,799 42,534 
 
 Missouri 165,5oS *90,0U0 
 
 New Hampshire 65,953 69,111 
 
 New Jersey 121,125 128,680 
 
 New York 675,156 730,664 
 
 Ohio 442,441 470,745 
 
 Oregon 14,410 flMlO 
 
 Pennsylvania 470,442 572,697 
 
 Rhode Island 19,9.31 22,187 
 
 Vermont 42,844 55,811 
 
 West Virginia 46,195 33,874 
 
 Wisconsin 152,180 148,513 
 
 3,870,222 3,982,011 
 
 Kansas 17.234 
 
 Nevada : 10,528 
 
 33,762 
 
 Total 4,015,773 
 
 3,870,222 
 
 Net increase - 145,551 
 
 * Nearly. 
 
 f Estimated. 
 
APPENDIX. 
 
 559 
 
 Memorandum of Changes in List of 
 Senators and Representatives. 
 The following changes occurred from the 
 last session: 
 
 IN SENATE. 
 
 1864, December 5 — Nathan A. Farwell, of 
 Maine, qua ified as successor of William Pitt 
 Pe-senden, resigned to become Secretary of the 
 Treasury. Mr. Fessenden, having been re- 
 elected, resumed his seat March 4, 1865. 
 
 1865, February 1 — William M. Stewart and 
 James W. Nye took their seats as Senators from 
 Nevada — the former drawing the term to expire 
 March 3, 1867, the latter the term to expire 
 March 8, 1869. 
 
 1865, February 13— Thomas Holliday Hicks, 
 of Maryland, died. His successor, John A. 
 J. Crcswcll, -was not qualified until March 10, 
 during the Special Executive Session of the 
 Senate. 
 
 IN HOUSE OF REPEESENTATIVES. 
 
 1864, December 5 — Dwight Townsend, of 
 New York, qualified as successor of Henry G. 
 Stebbins, resigned. 
 
 1864, December 21 — Henry G. Wortbington, 
 of Nevada, qualified. 
 
 Arrests of Citizens, and the Writ of 
 Habeas Corpus. 
 
 AEBESTS OF CITIZENS. 
 
 1865, February 18— The Secretary of War, 
 in reply to a resolution of the Senate, of Feb- 
 ruary 14,* sent a report to that body of his 
 action under the act referred to, (see p. 183,) of 
 which these extracts give the substance : 
 
 Shortly after the passage of said act, viz, on the 23d of 
 March, 1863, Colonel Ilolt, Judge Advocate General, the 
 chief law olficer of the Department, was, by an order of 
 that d.'\te, charged with the execution of the provisions of 
 that act in the following instructions : 
 
 War DErAP.TjirxT, 
 Washington City, }kirch 23, 1863. 
 Colonel, : I beg you to direct your attention to the provision 
 of the late act of Congress requiring prisoners held under 
 military authority to be released within acertain time, and 
 to ask that proceedings may be taken against such as arc 
 not proper to be released, and that you will see that the 
 provisions of that law are observed iu regard to all persons 
 held in military custody. 
 Very respectfully, your obedient servant, 
 
 EDWIN M. STANTON, 
 
 Secretary of War. 
 Hon. J. Holt, Judge Advocate General. 
 After these instructions, the Judge Advocate General 
 made report, transmitting to this department a list of po- 
 litical prisoners, and reported that '• duplicates had been 
 furnished to the judges of the circuit nnd district courts of 
 the United States, in compliance with the requirements of 
 the act of Congress." His report is as follows : 
 
 Judge Advocate General's Office, 
 Washington, June 9, 1863. 
 Sir: Pursuant to instructions received from you under 
 date of March 23, 1863, 1 have the honor to transmit here- 
 with lists of political prisoners, of which duplicates have 
 been furni-lied to the judges of the circuit .and district 
 courts of the United States, iu compliance with the re- 
 quirements of the act of Congress of March 3 last, entitled 
 
 * On motion of Mr. Powell, unanimously adopted : 
 Rf^sdved, That the Secretary of W;ir be directed to in- 
 form the Senate whether or nut ho has furnished the judges 
 of the circuit and district courts of iho United States, and of 
 the District of Columbia, a list of the names of the persons 
 belli as " State or political prisoners, or otherwise than iis 
 prisoners of war, as required by the second section of the 
 act entitled ' An act relating to habeas corpus and regula- 
 ting judiciid proceedings in certain cases,' " approved March 
 C, 1S63. 
 
 "An act relating to habeas corpus, and regulating judicial 
 proceedings in certain cases." 
 
 Your instructions to me were, " to see that the prorisions 
 of that law are observed in regard to all persons held in 
 military custody." For the preparation of the lists required 
 by those provisions, there were furnished me by you rolls 
 of prisoners confined in the Government prisons at St. Louis, 
 Alton, Louisville, Sandusky, Whei'ling, Camp Chase, Ohio, 
 Fort Lafayette, Fort SlcIIenry, Fort Delaware, and -in the 
 Old Capitol Prison at Washington. In consequence of the 
 late date of jour letter of instruction, and of the receipt of 
 the rolls, as well as on account of the pressure of l)usine8s, 
 the lists have not been furnished within the twenty days 
 specified in the act. This delay, however, cannot affect the 
 privileges of the prisoners in question, as will bo seen by a 
 reference to the third section of the act alluded to at the 
 end of this communication. 
 
 Most of the rolls furnished are incomplete in view of the 
 requirements of the act, in that they do not state where the 
 offences were committed, or by whose authority the ar- 
 rests were m.ade, and some of them do not specify, in many 
 cases, what was the offence or charge. The residence ot 
 prisoners, however, is generally given, and this, in nearly 
 every case, affords a venue .for trial, according to the 
 terms of the act. 
 
 It not being generally stated in the rolls by whoso au- 
 thority the arrests which are the subject of this communi- 
 cation were ma le, it has been presumed ( for the purposes 
 of the present lists) that all were made by the authority, 
 cither directly or indirectly, of the President, acting 
 through the Secretary of War. In point of fiict, however, 
 it is believed that these arrests were generally made by 
 military commanders and provost marshals, without any 
 intervention on the part of the President or Secretary. 
 
 A considerable number of the prisoners enumerated in 
 some of the rolls, especially those from the prisons of St. 
 Louis .and Alton, are not included in the lists prepared by 
 me for the United States judges. The act does not appear 
 to have been carefully frjimed, and bas been found to be 
 extremely difficult of construction. In view of this fact 
 and of the deficiencies in the rolls, as well as in consideration 
 of the exigencies of the service, the act has been strictly 
 construed by me ; and those cases which are clearly triable 
 by court-martial or military commission, and which are 
 being every day thus tried, and readily and summarily dis- 
 posed of, are not generally inclpdod in the lists. 
 
 Such are cases of prisoners arrested as "guerrillas" or 
 "bushwhackers," or as being connected with or aiding 
 these. So, too, of those arrested for communicating intelli- 
 gence to the enemy in the sense of tlie 57th article of war, 
 and of those taken ,as spies. It is not believed that it was 
 intended in the act to invite attention to cases of persons 
 charged wWh purely military offences, or of persons suffer- 
 ing under setitaices of military tribunals. 
 
 The c;ises of parties conflnetl under sentences pronounced 
 by military courts previous to the date of the act are, there- 
 fore, not contained in the present lists. But the largo class 
 of prisoners, in whose case no charge or offence is set forth 
 in the rolls, or who are noted as " awaiting charges." and 
 the numerous class of those who are specified as " confined 
 during the war," (without it being added that they are un- 
 der sentence,) are both included. The lists .also embrace 
 those cases in which the charge is stated in general terms, 
 •OS by the words " rebel," " disloyal," &c., &c., and further 
 comprise prisoners held as "hostages" merely, or as " ref- 
 ugees." 
 
 The construction of the act which has been adopted by 
 me is supported by the consideration that, under its provi- 
 sions, such construction cannot impair the risrhts of any 
 prisoner not placed in the lists; for it is provided, in the 
 third section, that in case a prisoner is omitted to be pre- 
 sented by the Secretary to the judge in the form.al list, he 
 may obtain, by a process therein prescribed, the judge's 
 order for his discharge upon the same terms as those which 
 govern the case of the prisoners whose names, &c., have 
 been furnislied in the list by the Secretary. 
 
 Very respectfully, your obedient servant, 
 
 J. HOLT, 
 Judge Advocate General. 
 
 Hon. E. M. Stanton, Secretary of IVar. 
 
 1 have no knowledge or information of any other persons 
 held as State or political prisoners of the United States, by 
 order or authority of the President of the United States, 
 or of the Secretary of State, or of the Secretary of Wai'. in 
 any fort, arsenal, or other place, since the date of the re- 
 port of the Judge Advocate General. 
 
 Prior to the passage of the act approved March 3, 1SC3, 
 measures had been taken by the Secretary of War to exam- 
 ine .and iletermine the ca.scs of St;ite and political prisoners, 
 by the appointment of commissioners to visit, from time to 
 time, the military prisons, with authority to discharge all 
 cases proper to be discharged. Since tlio passage of the 
 act, the same course has been pursued in regard to persons 
 arrested by State authorities or subordinate militaiy com- 
 
560 
 
 APPENDIX! 
 
 manders, without authority from the President, Secretary 
 of State, or Secretary of War. 
 
 In some of the military departments persons were occa- 
 sionally arrested and held in military prisons as State or po- 
 litical prisoners, by order of State executives or local mili- 
 tai-y commanders, without any authority from the President, 
 Secretary of State, or Secretary of War. Although tliese 
 persons did not come within the terms of the act of Con- 
 gress, measures were from time to tune taken to have all 
 fiuch cases promptly investigated, and the parties released, 
 whenever it could bo done without prejudice to the public 
 safety. To that end a commissioner was appointed to in- 
 vestigate all cases of imprisonment at Camp Chase; and a 
 special commission, charged with similar duty, consisting 
 of the honorables Benjamin S. Cowan, Roswell Marsh, and 
 Samuel W. Bostwick, visited the State prisons at Alton, 
 St. Louis, Camp Douglas, and elsewhere in the department 
 of the Blissouri. ***** 
 
 A special commission, consisting of Judge King and 
 Judge Bond, was also appointed for the examination of 
 prisoners confined at Fort Delaware or elsewhere in the 
 Middle department. General Dix was also directed, by an 
 order, dated the 12th of January, 1864, to Investigate the 
 eases of persons arrested and detained in Fort Lafayette 
 tind other military prisons in the Eastern department, 
 which have been used, by direction of the President, for 
 the custody of persons seized by naval officers while en- 
 gaged in blockade running or illicit trade, and which class 
 of prisoners is not specified in the act of Congress of 
 March 3, 1863. ***** 
 
 The military prisons in the District of Columbia have 
 been used for the custody of prisoners arrested by the 
 military commanders of this and other Departments, as 
 wellasby the Navy Department. On the 1st of February, 
 1864, Major Turner, Judge Advocate, was directed to in- 
 vestigate all cases of persons arrested and imprisoned in 
 the military prisons of the District of Columbia, and has 
 continued charged with that special duty until the present 
 time. * * * * * * * 
 
 Frequent inspections of military prisons, in addition to 
 the foregoing measures, have also been made by officers 
 specially assigned to that duty. * * * 
 
 I have the honor to be, very respectfullv. your obedient 
 servant, EDWIN M. STANTON, 
 
 Secretary of War. 
 
 The President of the Senate. 
 
 IN SENATE. 
 
 1864, December 19 — Mr. Powell submitted 
 the following resolution, and asked for its pres- 
 ent consideration : 
 
 Resolved, That the President be requested to communi- 
 cate to the Senate ail information in his possession bearing 
 on the arrest and imprisonment of Colonel Rionard J.Ja- 
 cob, Lieutenant Governor of the State of Kentucky, and 
 C'ol. Frank Woolford, one of the Presidential electors of 
 that State; particularly by whose order they were arrested 
 and imprisoned, where they are at present confined, and 
 what offences are charged against them. 
 
 December 20 — Uesolation amended py insert- 
 ing- after the word " Senate," the words " if not 
 in his opinion incompatible with the public 
 interest," and adopted. 
 
 1865, January 31— The President responded, 
 giving papers on the subject. 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 1864, De Tiber 15 — Mr. Mallory offered a 
 similar resolution, but, being objected to, it 
 •went over under the rules. 
 
 1865, January 10 — Mr. Keenan, by unan- 
 imous consent, introduced the following resolu- 
 tion, which was agreed to : 
 
 Resnlred, That th« Committee on Military Affairs be, and 
 the same is, directed to inquire and report to the House 
 ■what legislation or action, if any, is necessary to secure to 
 l)cr8ons arrested and imprisoned by military authority a 
 prompt examination into the cause of their arrest, and 
 their discharge if there bo no adequate cause for their de- 
 tention, and a speedy trial where there is such cause. 
 
 1865, January 18 — Mr. Ganson, by unanimous 
 consent, introduced the following resolution, 
 which WQS agreed to : 
 
 ResolvrJ, That the Military Committee be, and they are 
 hereby, directed to a-scertain and report to this House as 
 goon as possible the number of persons now confined in tlie 
 Old Caiiitol and Carroll prisons ; when such persons were 
 
 respectively arrested and confined, and upon what charges 
 
 their arrests were made; whether any of such persons are 
 officers of the Army, and have been confined without a 
 trial beyond the time in that respect prescribed by law or by 
 the regulations in the military service; and whether any 
 persons so in prison are confined without any written 
 charges made against them; and whether there are 
 any persons now in said prisons who have not had any 
 trial; if so, report the names of such persons, the time 
 when they were arrested, and the alleged cause of their 
 arrest respectively ; and that the said committee be, 
 and they are hereby, authorized to send for persons and 
 papers. 
 
 Mr. Stevens subsequently moved to recon- 
 
 der the vote by which the resolution was 
 adopted. Mr. Garfield moved to lay this mo- 
 tion on the table, which was agreed to — ^yeas, 
 136, nays 5, as follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, j4ncona,Arnold, Ash- 
 ley, Baity, Augustus C. Baldwin, John D. Baldwin, Baxter, 
 Beaman, Blaine, Blair, Bliss, Boutwell, Boyd, Brandegee, 
 Brooks, Broomall, Jatnes S. Brown, William G. Brown, 
 Freeman Clarke, Clay, Coffroth, Cole, Cox,_ Cravens, Cres- 
 well, Henry Winter Davis, Thomas T. Davis, Dawes, Daw- 
 son, Deming, Denison, Dixon, Donnelly, Driggs, Eden, Ed- 
 ijerton, Eldridge, Eliot, English, Farnsworth, FincJc, Frank, 
 Gansnn, Garfield, Orider, Griswold, Hale, Hall, Harring- 
 ton, Cliarles M. Harris, Herrick, Higby, Holman, Hotchkiss, 
 Asahel W. Hubbard, John H. Hubbard, Ingersoll, William 
 Johnson, Kalbflcisch, Kasson, Kelley, Francis W. Kellogg, 
 Kernan, King, Knox, Law, Lazear, Lt Blond, Long, Long- 
 year, Mallory, Marcy, McClurg, McDowell, Samuel F. Mil- 
 ler, Moorhead, Morrill, Daniel Morris, James R. Morris, 
 Morrison, Amos Myers, Leonard Myers, JVoble, Norton, 
 Charles O'Neill, John O'Neill, Orth, Patterson,. Pendleton, 
 Perham, Perry, Pike, Price, Samuel J. Randall, William U. 
 Bandall, Alexander H. Kice, John H. Rice, Robinson, Rog- 
 ers^ Edward H. Rollins, James S. Rollins, Ross, Scofield, 
 Scott, Shannon, Sloan, Smith, Smithers, Starr, John B. 
 Steele, Stiles, Sti-ouse, Stuart, Sweat, Thayer, Townsend, 
 Tracy, Upson, Van Valkenburgh, Wadsioorth, Ward, 
 Ellihu B. Washburne, William B. Washburn, Webster, 
 Wheeler, Chilton A. White, Joseph W. White, Williams, 
 Wilder, Wil.son, Windom, Fernando Wood, Teaman — 136. 
 
 Nays — Messrs. Cobb, Eckley, McBride, Spalding, Stevens 
 —5. 
 
 No report appears to have been made. 
 
 1865, January 30 — Mr. Eldridge asked, but 
 failed to obtain, leave to offer this resolution : 
 
 Resolved, That the President of the United States be re- 
 spectfully requested, and the Secretary of State and Sec- 
 retary of War be directed, to report and furnish to this 
 House the names of the persons, if any there are, who 
 have been arrested and are now held in imprisonment or 
 confinementin any prison, fort, or other place whatsoever, 
 for political ofl'ences, or any other alleged offence against 
 the Government or authority of the United States by the 
 order, command, consent, or knowledge of any of them, 
 or either of them respectively, and who have not been 
 charged, tried, or convicted before any civil or criminal (not 
 military) court of the land, together with the charge 
 against such person, or cause for such arrest and impris- 
 onment, excepting only such persons as may, aj the time 
 of their arrest, have been in the military or naval service 
 of the United States, together with the name of the pris- 
 on, fort, or place where they are severally kept or con- 
 fined: also whether any person or persons, for any al- 
 leged like offence, have been banished or sent from the 
 United States, or those not in rebellion to the rebellious 
 States, the names, times, alleged offences, and causes there- 
 of; and whether with or without trial ; and if tried, before 
 what court. 
 
 February 20 — It being before the HcuSe, a 
 motion to table it was lost — yeas 54, nays 58, 
 as follows : 
 
 Yeas — Messrs. Ames, Ashlej', Baxter, Beaman, Blair, 
 Boutwell, Broomall, Ambrose W. Clark, Freeman Clarke, 
 Cobb, Cole, Thomas T. Davis. Deming, Dixon, Dumont, 
 Eckley, Eliot, Farnsworth, Grinnell, Higby, Hooper, 
 John 11. Hubbard, Hulburd, Julian, Kasson, Kelley, Fran- 
 cis W. Kellogg, Knox, Littlejohn, Loan, Longyear, Marvin, 
 iMcBrido, McClurg, Samuel F. Miller, Morrill, Daniel Mor- 
 ris, Amos Myers, Norton, Patterson, Perh.am, Pomeroy, 
 William 11. Randall, John H. Rice, Edward H. Rollins, 
 Slwnnon, Sloan, Smith, Smithers, Starr, Tracy, Upson, 
 William B. Washburn, Worthington— 54. 
 
 Nays— Messrs. .^awes (7. Alien, Allison, Ancoiia, Baity, 
 Augustus C. Baldwin, John D. Baldwin, Bliss, Drandegee, 
 
APPENDIX. 
 
 561 
 
 Janus S. Brown, William G. Brown, Chanter, Clay, Cof- 
 frnth, Cox. Dawson, Denison, Donnelly, Driggs, Eden, Ed- 
 gertiin. Eldndge, Finck, Ganson, Griswold, Harrington, 
 Chai-ks M. Harris, Herrick, Holman, Hulchins, IngersoU, 
 Kallifieisch, Orlando Kellogg, Kernan, Knapp, Le Blond, 
 Zonu, Mallory, Marcy, McKinney, William H. Miller, 
 James R. Morris, Nelson, Noble, Odell, Pendleton, Pruyn, 
 Radford, Ross, John B. Steele, William G. Steele, Tliayer, 
 Tmu7isend, Wadsworth, Whaley, Wheeler, Wilson, Winfield, 
 Fernando Wood — 58. 
 
 A decisive vote upon it was not taken — 
 other business having intervened. 
 
 1865, March 2 — The Miscellaneous Appro- 
 priation bill being before the Committee of the 
 Whole, 
 
 Mr. Davis, of Maryland, moved the follow- 
 ing amendment as an additional section : 
 
 Seo. — . And he it further enacted. That no person shall 
 be tried by court-martial, or military commission, in any 
 State or Territory where the courts of the United States 
 are open, except persons actually mustered, or coramis- 
 oioned, or appointed in the military or naval sei vice of the 
 United States, or rebel enemies charged with being spies ; 
 and all proceedings heretofore had contrary to this provi- 
 sion are vacated; and all persons not subject to trial, 
 under this act, by court-martial or military commission, 
 now held under sentence thereof, shall be forthwith 
 discharged or delivered to the civil authorities to be pro- 
 ceeded against before the courts of the United States ac- 
 cording to law; and all acts inconsistent herewith are 
 hereby repealed. 
 
 Mr. ScHENCK moved to amead by striking 
 out all after the word " spies," as follows : 
 
 And all proceedings heretofore had contrary to this provi- 
 sion are vacated; and all persons not subject to trial, 
 under this act, by court-martial or military commission, now 
 held under sentence thereof, shall be forthwith discharged 
 or delivered to the civil authorities to be proceeded 
 against before the courts of the United States according to 
 law ; and all acts inconsistent herewith are hereby re- 
 pealed. 
 
 Mr. Yeaman. I ask my friend from Ohio 
 
 [Mr. Scheack] to accept the following as an 
 
 addition to his amendment, to be inserted in 
 
 lieu of what he proposes to strike out: 
 
 Or enemies charged with a violation of the laws of war. 
 
 Mr. ScHENCK. That is for guerrillas? 
 
 Mr. Yeaman. Yes, sir. 
 
 Mr. ScHENCK. I will modify my amend- 
 ment so as to make it to strike out all of th-^ 
 amendment of the gentleman from Maryland 
 [Mr. Davis] after the word "spies," and insert 
 what the gentleman from Kentucky [Mr. Yea- 
 man] has proposed. 
 
 Mr. Kasson suggested this substitute, which 
 Mr. Davis declined to accept: 
 
 That no person shall hereafter be tried by court-martial 
 or military commission in any State or Territory where the 
 courts of tlie United States are open for any charge not 
 epecified as an offence by milit.ary or civil "law, nor for 
 oflences cognizable in said courts and punishable by exist- 
 ing civil law, except they are persons actually mustered or 
 commissioned or appointed in the military or naval service 
 of the United States, or rebel enemies, or spies, or con- 
 spirators in aid of the rebellion against the United States 
 who are charged with being spies, or with being the vio- 
 lator« of military law. 
 
 Mr. Davis subsequently consented to strike 
 from his amendment the words, " discharged 
 or." 
 
 Mr. Schenck's amendment was rejected — 
 ayes 53, nays Tl. 
 
 Mr. Davis's amendment was agreed to — yeas 
 75, nays G4. 
 
 Mr. Yeaman moved to add this proviso to 
 Mr. Davis's amendment, but withdrew it on 
 being refused permission to explain it: 
 
 P)-ovidrd, That in cases of murder, arson, larceny, rob- 
 bery, malicious arrest, false imprisonment, assault and but- 
 30 
 
 tery, maiming, shooting, or stabbing with intent to kill, 
 done by the enemies of the United States,or those inarmed 
 hostility to the laws thereof, the circuit and district courts 
 of the United States, and commissioners of the United 
 States, shall have as full and complete jurisdiction as the 
 several courts of the States where any of said crimes may 
 be done, with power to inflict the same punishments: 
 And provided further. That nothing in this act shall be 
 construed to prevent or restrict courts-martial of their 
 jurisdiction of offenses against the laws and usages of war, 
 committed by persons in armed rebellion to the laws of the 
 United States. 
 
 Mr. Jenckes moved to add after the word 
 " spies," the words *' or guerrillas ;" which was 
 agreed to. 
 
 The bill having been reported from the Com- 
 mittee of the Whole with sundry amendments, 
 Mr. Davis moved to amend the amendment 
 adopted on his motion by the Committee of the 
 Whole on the state of the Union, by striking 
 out all after the word '' spies," as follows : 
 
 Or guerrillas ; and all proceedings heretofore had con- 
 trary to this provision are vacated, and all persons not sub- 
 ject to trial under this act by courts-martial or military 
 commissions now held under sentence thereof, sh.aH be 
 forthwith delivered to the civil authorities to be proceeded 
 against before the courts of the United States according to 
 law; .and all acts inconsistent herewith are hereby re- 
 pealed. 
 
 So that the clause will read : 
 
 And be it further enacted, That no person shall be tried 
 by court-martial or military commission in any State oi 
 Territory where tlie courts of the United States are open, 
 except persons actually mustered, or commissioned, or ap- 
 pointed in the military or naval service of the United 
 States, or rebel emissaries charged with being spies. 
 
 Which was agreed to— yeas 73, nays 71, as 
 follows: 
 
 Yeas— Messrs. James C. Alien, Ancona, Augustus C. 
 Baldwin, Beaman, Bliss, Boutwell, Brandegee, Brooks. 
 Broomall, Coffroth, Cox, Cravens, Henry Winter Davis. 
 Dawes. Dawson, Deming, Dixon, Edm, Eldridge, Eliot, 
 English, Ganson, Gariield, Gooch, Grider, Griswold, Hale! 
 Harding, Benjamin G. Harris, Herrick. Holman, Hotch- 
 kiss, Hutchins, Kernan, King, Knapp, Law, Lazear, Marcy, 
 McKinney, Middleton, Jam^s R. Morris, Morrison, Nelson. 
 Noble, Odell, John O'Neill, Pendleton, Perham, Perry. 
 Price, Radford, Ale.xander II. Rice, Rogers, Ross, Schenck. 
 Scofield, Scott, Smithers, John B. Steele, WMiam G. Steele, 
 Strouse, Stuart, Tovmsend, Tracy, Upson, Ward, William 
 B. Washburn, Webster, WheeUr, Chilton A. While, Joseph 
 W. White, Winfield— -Z. 
 
 Nays— Messi-s. Allison. Arnold, Ashley, John D. Bald- 
 win, Baxter, Blaine, Blow, Boyci, Chanter, Ambrose W. 
 Clark, Freeman Clarke, Cobb, Cole, Denison, Driggs, Eck- 
 ley, i/lgcrton, Farnsworth, Finck, Grinnell, Iligby, Hoop- 
 er, Asahel W. Hubbard, -Tohn H. Hubbard, Ilulburd, In- 
 gersoU, Jenckes, Philip Johnson, Kalbfleisch, Kflley. 
 Francis W. Kellogg, Orlando Kellogg, Knox, Littlejohn; 
 Loan, Long, Longyear, Marvin, McBride, McClurg, Sam- 
 uel F. Miller, William H. Miller, Moorhead, Morrill, Dan- 
 iel Morris, Amos Myers, Leonard Blyers, Norton, Charles 
 O'Neill, Orth, Patterson, Pike, Pomeroy, Pruyn, Sam- 
 uel J. Randall, William H. Randall, John H. Rice, Ed- 
 ward H. Rollins, Shannon, Sloan, Spalding, Stevens. 
 Stiles, Thayer, Thom.as, Ellihu B. Wa«!hburnn, Wilson, Win- 
 dom, Woodbridge, Worthington, Yeaman — 71. 
 
 The amendment as amended was then agreed 
 to — yeas 80, nays 64, »a follows: 
 
 Ye.is — Messrs. James C. Allen, Ancona, Augustus C. 
 Baldwin, Bliss, Boutwell, Brandegee. Brooks, Broomall, 
 James S. Brown, ChaiUr, Coffroth, Cox, Cravens, Henry 
 Winter Davis, Dawes, Dawson, Deming, Denison, Dixon, 
 Eden, Edgertcn, Eldridge, English, Finck, Ganson, Gar- 
 field, Gooch, Grider, Griswold, Hale, Harding. Benjamin 
 G. Harris, Hrrrick, Holman, Ilotchkiss, Hutchins, Philip 
 Johnson, Kallijleisch, Kernan, King, Knapp, Law, Lazrar, 
 Le Blond, Long, McKinney, Middleton, William H Miller. 
 James R. Morris, Morrison, Nelson, Noble., Odt.U, John 
 O'Neill, Pendleton, Perry, Pruyn, Radford, Samuel J. 
 Randall, Alexander H Rice, Rogers, James S. Rollins, 
 Ross, Schenck, Scott, Smithers, John B. Steele, William G. 
 Steele, Stiles, SIrouse, Stuart, Townsend, Tracy, Ward. Web- 
 ster, Wheeler, Chilton A. White, Joseph W. White, Wi7iji.:ld, 
 remnan—SO. 
 
 Nays — Messrs. Ames, Arnold, Ashley, John D. Baldwin, 
 
562 
 
 APPENDIX. 
 
 Baxter, Beatnan, Blow, Boyd, Ambrose W. Clark, Freeman 
 
 Clarke, Cobb, Cole, KcUlev, Eliot, Fanisworth, Frank, 
 Grinnell, Hipby, Hooper, Asahol W. Hubbard, John U. 
 Hubbard, Hiilburd, Ingersoll, Jenckes, ICasson, Kelley, 
 Francis W. Kellogpr, Orlando Kellogg, Knoj^, Littlejohn, 
 Loan, Longyear, Marvin, McBride, McClurgf Samuel F. 
 Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, 
 Leonard Myers, Norton, Charles ONeill, Orth, Patterson, 
 Perhani, Pike, Pomeroy, William II. Randall, John II. 
 Rice, Scofield, Shannon, Sloan, Spalding, Stevens, Thayer, 
 riiomas, Upson, EUihu B. Washbunio, William B. Wash- 
 burn, Wilson, Windom, Woodbridge, Worthington— 64. 
 
 The Aopropriation bill then passed the House 
 —yeas 92, nays 41. 
 
 IN SENATE. 
 
 March 3 — Mr. Trumbull moved to amend 
 the amendment so that it would read : 
 
 That no person shall be tried by court-martial or mili- 
 ary commission in any State or Territory where the courts 
 )f the United States are open, except persons employed, 
 Irafted, enlisted, or actually mustered or commissioned or 
 ippointed in the military or naval service of the United 
 States, or rebel enemies charged with being spies. ; 
 
 Which was agreed to — yeas 25, nays 4, as 
 'ollows : 
 
 YE.4S — Messrs. Anthony, SucJcahw, Clark, Cowan, Davis, 
 Harwell, Foster, Grimes, Hale, Hendricks, Johnnon, Lane of 
 Lndiana, McDongall, Morgan, Mortill, i\'«s7)ii7/(, Pnu'cU, 
 lamsey. Riddle. Sprague, Sumner, Trumbull, Van Winkle, 
 iV^ade, Wilson — 25. 
 
 Nays — Messrs. Conne.=s, Howard, Nye, Stewart — 4. 
 
 Mr. Lane, of Indiana, moved to strike out 
 •,he section as amended, which was agreed to — 
 reas 20, nays 14, as follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, Con- 
 less, Farwell, Foster, Grimes, Harlan, Howard, IIowc, Lane 
 )f Indiana, Morg in, Morrill, Nye, Ramsey, Stewart, Sum- 
 jer, Wilkinson. Wilson — 20. 
 
 Nats— Messrs. BuckaUw, Cowan, Davis, Hale, Hen- 
 Iricl-s, Johnson. McDuunall, Nesmith, Powell, Riddle, 
 ipraguc, Trumbull, Van Winkle, Wade— 14. 
 
 The bill then passed — yeas 26, nays 5. 
 
 The House insisted on its action ; and aCom- 
 nittce of Conference reported an agreement 
 ipon all the points of disagreement, except 
 vi(h regard to arrests ; but the hour of ad- 
 ournment arrived before cither House acted 
 m the report, and the bill fell. 
 
 BAIL IN CERTAIN CASES OF AEREST. 
 
 February 24 — Mr. Trumbull moved to tak^ 
 ip Senate bill providing for bail in certain 
 :ases of military arrests. 
 
 It provides that contractors, who, by the 
 sixteenth section of the act of July 17, 18G2, 
 ire made subject to trial by military tribunals, 
 should be allowed bail when arrested. 
 
 Mr. Powell offered this as a new section : 
 
 That any officer in the executive, military, or naval ser 
 rice of the United States, who shall arrest or cause to be 
 arrested, any person or persons not engaged in the military 
 )r naval service of the United States, and who is not en- 
 gaged in the rebellion against the United States, shall imme- 
 iiatoly hand the person or persons so arrested over to tho 
 ;ivil authorities to have the case investigated and tho par- 
 ties so arrested tried according to law. Any officer on- 
 ^gcd in tho executive, naval, or military service of the 
 United Stiites, who shall violate this section, shall be deemed 
 guilty of a felony, and, upon indictment and conviction 
 thereof in any court of tho United States having jurisdic- 
 tion to try and punish such cases, shall be punished by a 
 fine of not less than ?500 and not exceeding $10,000, and 
 jonfinement in the penitentiary of not less than one year, 
 nor more than ftvo years, in the discretion of tho court 
 trying the samo: Prinnded, That nothing in this section 
 ihall bo so construed as to prevent any officer who shall 
 make an unlawful arrest from being prosecuted in a civil 
 luit for damages for such unlawful arrest. 
 
 The subject wns debated and laid aside, and 
 aot again reached. 
 
 HABEAS CORPUS. 
 
 1865, February II — Before the Supreme 
 Court of the District of Columbia, in the case 
 of Christopher V. Hogan,' confined in the Old 
 Capitol prison, (upon charges of implication 
 in the robbery of a paymaster,) on whose be- 
 half a writ of habeas corpus was issued, the 
 following return was made by William P. Wood, 
 the keeper of the prison : 
 
 That the body of Ilogan is in my possession ; that he 
 was arrested and imprisoned by authority of the President 
 of the United Staff's; and that I do not produce this body 
 by reason of the order of the President of the United 
 States, endorsed upon said writ, to which reference is here- 
 by respectfully made. 
 
 The endorsement of the President is : 
 
 The within-named Christopher Hogan was arrested and 
 is imprisoned by my authority. This writ of habeas cor- 
 pus is suspended, and the officer having Hogan in custody 
 is directed not to produce his body, but hold him in ens- 
 tody until further order, giving this order in your return 
 to the court. A. LINCOLN. 
 
 January 23,1865. 
 
 In the argument it was contended that the 
 2d section of the act of March 3, 1863, con- 
 tained restrictions on the power of suspension, 
 one of which was that if a regular term of the 
 proper United States court should come and 
 go without an indictment being found against 
 the prisoner, he was entitled to discharge on 
 hab as corpus. The Court unanimously over- 
 ruled the point. Justice Olin delivering the 
 opinion. Justice AVylio dissented from the rea- 
 soning of the opinion, though concurring in 
 the opinion. 
 
 IN HOUSE. 
 1865, February 11 — Mr. Le Blond intro- 
 duced abill to repeal "An act relating to AfyJeaa 
 corpus, and regulating judicial proceedings in 
 certain cases;" which was referred to the 
 Committee on the Judiciary. 
 
 February 16 — Reported unfavorably from the 
 Committee, by Mr. Wilson. 
 
 PUNISHMENT OF AN EDITOR. 
 
 The following paragraph appeared in the 
 public papers, telegraphed from Trenton, N. 
 J., February 15, 1865 : 
 
 In the United States Court, E. N. Fuller, editor of Tht 
 Newark Journal, was fined SlOO for publishing article! 
 against the United States Enrollment Law. He pleaded 
 g\iilty and made a statement to the Court which mitigated 
 bis offence. 
 
 Confiscation. 
 
 In continuation of the record on pages 195^ 
 203, and 260, i1 should be stated that the prop- 
 osition to repeal the clause limiting confisca- 
 tion to life-estate was a part of the first report 
 of the Committee of Conference on the Freed- 
 men's bill; which was rejected in the Senate, 
 February 22, 1865, (for which, see beyond.) 
 There was no direct vote on the naked preposi- 
 tion in the Senate, and no other vote involving 
 it in the second session of the Thirty-eighth 
 Congress ; but these proceedings took place : 
 IN HOUSE OF REPRESENTATIVES. 
 1865, February 22— Mr. Williams, from the 
 Judiciary Committee, reported this bill : 
 
 That so much of the joint resolution explanatory ol 
 " An act to suppress insurrection, to punish treason and re- 
 bellion, to seize and confiscate tho property of rebels, and 
 for other purposes," approved July seventeenth, eighteeu 
 
APPENDIX. 
 
 563 
 
 hundred and sixty-two, as prohibits the forfeiture of the 
 real estatoof rebofs beyond their uatural lives, be, and the 
 same is hcroby, repealed. 
 
 Sfic. 2. That this act shall take effect and be in force 
 from and after its passage. 
 
 February 23 — Mr. HoLMAN moved that it be 
 tabled ; which was lost — yeas 52, nays 61. On 
 ordering it to he engrossed and read a third 
 time, the yeas were G7, nays 54. A motion by 
 Mr. Cox to table it, when on final passage, was 
 lost — yeas 68, nays 68, the Speaker voting nay. 
 The bill then passed — yeas 73, nays 72, as fol- 
 lows : 
 
 Yeas— Messrs. Allison, Ames, Ashley, John D. Baldwin, 
 Baxter, Beaman, Blaine, Boutwoll, Bovd, Brandegrs, 
 Broomall. Ambrose W. Clark, Freeman Clarke, Cobb, Cole, 
 Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, 
 Dumput, Eckley, Eliot, Frank, Garfield, Gooch, Grinnell, 
 Hieliy, Hooper, Asahel W. Hubbard, John II. Hubbard, 
 Ilulburd, Ingersoll, Jenckes, Kelley, Orlaniio Kellogg, 
 Knox, LittUjohn, Loan, Longyear, Marvin, McBride, Mc- 
 Clurg, Samuel F. Miller, Moorhead, Slorrill, Daniel Morris, 
 Leonard Myers, Norton, Orth, Patterson, Pike, Pomeroy, 
 Price, Alexander U. Rice, .lohn H. Rice, Edward II. Rollins, 
 Schenck, Shannon, Sloan, Smithers, Starr, Stevens, Thayer, 
 Upson, Van Valkf-nburgh, Ellihu B. Washburne. William 
 
 B. Washburn, Wilder, Wilson, Woodbridge, Worthing- 
 ton— 73. 
 
 N.VTS — Messrs. James C. AUen, Ancnna, Baily, Augustus 
 
 C. Baldwin, Blair, Bliss, Brooks, James S. Brown, Clianler, 
 Clay, Cnffroth, Cox, Cravens, Dawson, Denison,Etlen,Edgcr- 
 ton, Elilridge, English, Finch, Ganson, Griswold, Hale, 
 Hall, Harding, Benjamin G. Harris, Holman, Hutchins, 
 Philip Johnsrm, Kalbfleisch, Kernan, King, Law, Lazear, 
 Ia Blond, Lrtng, Mallory, Marcy, McAllister, William H. 
 Miller, Jam^ 1{. Morris, Morrison, A'clson, Noble, Odell, 
 John O'Neill, Pendleton, Perry, Pruyn, Radford, Samuel 
 J. Randall, Wm. H. Randall, Rogers, Jam^ S. Rollins, Ross, 
 John B. Steele, William G. Steele, Stiles, Slrcuse, Stuart, 
 Sweat, Townsend, Tracy, Voorhees, Wadsworth, Webster, 
 Whaley, Wheeler, Joseph W. White, Wi?ifield, Fernando 
 Wood, Teaman — 72. 
 
 This bill was not reached in the Senate. 
 Military Legislation. 
 
 AMENDMENT TO THE ENROLLMENT BILL. 
 
 The Enrollment Act of March 3, 1865, 
 though lengthy, contnns no new principle, and 
 is devoted to details. One section (the 2'Jd) 
 repeals the 3d section of the act of July 4, 18G4, 
 which authorized the Governors of loyal States 
 to send recruiting agents to certain of the re- 
 bellious States,* (seep. 117.) It passed aa re- 
 ported from the Committee of Conference : 
 
 IN SENATE, 
 
 Without a division. 
 
 IN HOUSE OP REPRESENTATIVES, 
 
 The vote was — yeas 72, nays 56, as follows: 
 Yeas — Messrs. Allison, Ames, Arnold, Ashley, Baily, 
 John D. Baldwin, Baxter, Beaman, Blow, Boutweil, Broom- 
 all, Ambrose W. Clark, Freeman Clarke, Cobb, Cole, Cres- 
 well, Henry Winter Davis, Thomas T. Davis, Dawes, Dixon, 
 Driggs, Eckley, Eliot, Garfield, Gooch, Griswold, Iligbv, 
 Asahel W. Hubbard, John 11. Hubbard, Hulburd, Jenckes, 
 Kasson, Kelley, Orlando Kellogg. King, Littlejohn, Long- 
 year, Mar\'in, McAllister, McClurg, Samuel F. Miller, 
 Moorhead, Morrill, Amos Myers, Leonard Myers, Odell, 
 Charles O'Neill, Orth, Patterson, Perliam, Piko, Pomeroy, 
 Price, William H. Randall, Alexander H. Rice, John H. 
 Rice, James S. Rollins, Sehenck, Scofield, Shannon. Sloan, 
 Smith, Smithers, Upson, Tan Valkenburgh, William B. 
 
 ♦February &— On an Enrollment bill, Mr. Buck alew of- 
 fered a repealing clause, which was agreed to— yeas 28, 
 nays 12, as follows : 
 
 Yeas — Messrs. Brown, Buclmlew, Carlile. Chandler, Col- 
 laiucr. Cowan, Davis, Doolittle, Grimes, llarlan, Harris, 
 Henderson, Hendricks, Howard, Howe, Johnson, Lane of 
 Imliana, Nesmith, Powell, Ramsey. Ricfiardson, SauUbury 
 Sherman, Ten Eyck, Trumbull, Van Winkle, Willey, Wright 
 
 Nay,s — Messrs. Anthony, Clark, Conness, Dixon, Farwcll, 
 Foster, Ila.e, Morgan, Morrill, Nye, Sumner, Wilson — 12. 
 
 Washhurn, Williams, Wilder, Wilson, Windom, Wood- 
 bridge, Wdithington— 72. 
 
 Nays — M<>-srs. James 0. Alten, Ancona, Augustus C. 
 Baldwin, Bliss, Boyd, Brooks, James S. Brown, Chanter, 
 Cnffroth, Cravens, Dawson, Edgerton, Eldridge, English, 
 Farnsworth, Finck, Griimell, Hale, diaries M. Harris, 
 Hcrrick, Holman, Hotchkiss, Ingersoll, Philip Johnson, 
 Kalbjleisch, Francis W. Kellogg, Knapp, Le Blend, Long, 
 Mallory, Marcy, McKinney, William H. Miller, James R. 
 Morris, Morrison, Nelson, Noble, Norton, John O'Ntill, 
 Pendleton, Perry, Radford, Samuel J. Randall, Ross, Scott, 
 John B. Steile. Stevens, Stiles, Sirouse, Stuart, Tracy, Voor- 
 hees, Ward, EllUiu B. Washburne, Whaley, Chilton A. White 
 —56. 
 
 During the consideration of the general 
 question, these votes were taken : 
 
 IN SENATE. 
 
 CIVIL INSTEAD OF MILITARY COURTS. 
 
 February 7 — Mr. Cowan offered an amend- 
 ment to the effect that recruiting agents, sub- 
 stitute brokers, or other persons enlisting 
 any insane person, &c., shall be fined and 
 imprisoned upon conviction by any " court of 
 the L'nited States having competent jurisdic- 
 tion," instead of by a "court martial or military 
 commission," as the section was reported from 
 the Military Committee; which was agreed 
 to — yeas 29, nays 14, as follows : 
 
 Yeas — Messrs. Buckalew, Carlile, Cowan, Davis, Dixon, 
 Doolittle, Far"-ell,Foot, Foster, Hale, Harlan, Harris, Hen- 
 derson, //f7!cZrif7,s, Howe, Jo/msrm, Lane of Kansas, Mor- 
 gan, Nesmith, Pqmeroy, Powell, Richardson Riddle. Sauls- 
 bury, Ten Eyck, Trumbull, Van Winkle, Willey, Wriglit— 
 29. 
 
 Nats — Messrs. Anthony, Brown, Chandler, Clark, Con- 
 ness, Grimes, Howard, Morrill, Nye, Ramsey, Sherman, 
 Stewart, Sumner, Wilson— 14. 
 
 NO SUBSTITUTION. 
 
 Mr. Lane, of Kansas, moved as a substitute for 
 the first section: 
 
 That ill acts and parts of acts now in force providing for 
 substitutions, or regulating the stibstitution of another for 
 a person drafted into the military service, be, and the same 
 are hereby, repealed. 
 
 Which was rejected — yeas 7, nays 31, as 
 follows : 
 
 Ye\s — Messrs.Brown, Doolittle, Grimes, Howe, Lane of 
 Indiana, Lane of Kansas, Ramsey — 7. 
 
 Nays — Messrs. Anthony, Buckalew, Clark, Collaraer, 
 Conness, Cowan, Davis, Dixon, Farwell, Foot, Foster, Hale, 
 Harlan, Harris, Henderson, Hendricks, Johnson, Morgan, 
 Morrill, Pomeroy, Powell, Riddle, Sherman, Stewart, Sum- 
 ner, Ton Eyck, Trumbull, Van Winkle, Willey, Wilson, 
 Wright— SI. 
 
 EXEMPTION OF OFFICIALS. 
 
 Mr. Hendricks offered an additional section : 
 Tliat the heads of Executive Departments, judges of the 
 courts of the United States, and members of Congress, 
 during their term of service, shall be exempt from milita- 
 ry duty. 
 
 Which was rejected — yeas 9, nays 27, as fol- 
 lows : 
 
 Yeas — Messrs. Brown, Buckalew, Davis, Hendricks, 
 Pomeroy, Powell, ifiddte, Trumbull, Wriejht—9. 
 
 Nays — Messrs. Anthony, Chandler, Claik, Conness, Cow- 
 an, Dixon, Farwell, Foot, Foster, Grimes, Harlan, Harris, 
 Henderson, Howard, Johnson, Lane of Indiana, Lane of 
 Kansas, Morgan, Morrill, Ramsev, Sherman, Stewart, Sum- 
 ner, Ton Eyck, Van Winkle, Willey, Wilson— 27. 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 TO REPEAL ALL CONSCRIPTION LAWS. 
 
 February 27 — Mr. Chanler, of New York, 
 offered this section as an addition to the 13th 
 sec ion of the House bill: 
 
 Tliat so much of all acts or parts of acts entitled acts to 
 regulate and provide for enrolling and calling out the na- 
 tional forces, and for other purposes, as authorize the Pres- 
 ident of the United States to raise troops by conscription 
 
664 
 
 APPENDIX. 
 
 be, and hereby are, repealed ; and that all acts and parts of 
 acts inconsistent with this section be, and the same are 
 hereby, repealed. 
 
 Which was not agreed to — yeas 27, nays 95, 
 as follows: 
 
 Teas — Messrs. jincona. Brooks, Chanler, Clay, Deniscm, 
 Eden, Edgcrton, Eldridge, Benjamin G. Harris, Le Blond, 
 Lmg, Mallory, William II. Miller, Moi-rison, Noble, John 
 O'Neill, Pendleton, Perry, Prwjn, Rogers, Ross, Stiles, 
 S'.rouse, Townsend, Wadsworlh, Chilton A . White, Joseph 
 jr. White— Ti. 
 
 Nays— Messrs. James C. Allen, Allison, Ames, Ashley, 
 Baili/, John D. Baldwin, Baxter, Beaman, Blaine, Boyd, 
 Brandegee, Broomall, Cobb, Cole, Cravens, Henry Winter 
 Davis, Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, 
 Driggs, Dumont, Eckley, Eliot, English, Farnsworth, Frank, 
 Canson, Garfield, Oooch, Grider, Griswold, Hale, Iligby, 
 Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, 
 Ilulburd, IngersoU, Jenckes, Kellcy, Francis "W. Kellogg, 
 Orlando Kellogg, King, Knox, La:ear, Littlejohn, Lo.in, 
 Longyear, ilarey, Marvin, McBride, McClurg, Samuel F. 
 Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, 
 Leonard Myers, Norton, OdcJl, Charles O'Neill, Orth, Pat- 
 terson, Pcrham, Ponierov, Price, William H. Randall, Al- 
 exander H. Rice, John H. Rice, Edward H. Rollins, Schenck, 
 Scott, Shannon, Sloan, Smithers, Spalding, Stevens, Thayer, 
 Tracy, Upson, Van Valkenburgh, Ellihu B. Washburne, 
 William B. Washburn, Webster, Whaley, Wheeler, Wil- 
 liams, Wilder, Wilson, Windom, Woodbridge, Worthington 
 
 BESOLUTIONS CONCERVING ENROLLMENT. 
 
 IN SENATE. 
 
 1864, December 15 — Mr. Buown offered the 
 following, which was agreed to : 
 
 Resolved, That the Committee on MiHtary Affairs and 
 the Militia be, and they are hereby, instructed to inquire 
 in to the expediency of so amending the act of Congi-ess of 
 Murch 8, 1792, entitled "An act more effectually to pro- 
 ■>ido for the national defence by establishing a uniform 
 militia throughout the United States," and also the several 
 acts amendatory of the same, as shall provide for the en- 
 rollment of all male citizens between the ages of eighteen 
 and forty-five, resident in the respective Slates, without 
 respect to color; and also to submit such other provisions 
 as may tend more efficiently to orgaiii/ic the militia system 
 Of the United States, and report by bill or otherwise. 
 
 IN h6[JSE of REPRESENTATIVES. 
 
 EXEMPTION OF THE CLERGY. 
 
 1865, February 6 — Mr. Price, by unanimous 
 consent, introduced the following, which was 
 adopted : 
 
 Whereas the genius and policy of our Government is op- 
 posed to making distinctions between religious denomina- 
 tions, but guarantees equal protection lo all and excliisive 
 privileges to none ; and whereas it is alleged that certain 
 preachers of the gospel, belonging to some of the churches 
 whose religious tenets do not bring them within the scope 
 of the act of February, 18G4, for " enrolling and calling out 
 the national forces," have, since the passage of said act, 
 been exempted from military duty after being drafted, 
 without complying with section seventeen of said law : 
 Therefore, 
 
 Be it resolved, Tliat the Secretary of War be, and he is 
 hereby, directed to inform this House whether any privi- 
 leges have been granted to the preachers of any denomi- 
 nation of professing Christians which have been denied to 
 others, and if so, what denomination those i)erson3 be- 
 longed to, and also their names and place of residence, with 
 the reasons for making such distinction. 
 
 February 8 — The Secretary of War sent this 
 reply : 
 
 War Departmext, 
 Washisgton Cut, Fcbruaiy 7, 1865. 
 
 Sir : I have the honor to transmit herewith the report of 
 the Provost Marshal General in answer to the resolution of 
 the House of Representatives of the 6th instant, in relation 
 to preachers of the gospel. I have no information upon 
 the subject referred to in the resolution except that con- 
 tained in the report of the Provost Marshal General, and do 
 not know of any privileges having been granted to preach- 
 ci's of one denomination of professing Christians that have 
 been denied to other denominations. 
 
 Very respectfully, your obeilient servant, 
 
 EDWIN M. STANTON, 
 
 • Secretary of War. , 
 
 War Depaetment, 
 
 Provost Marshal General's BnREAU, 
 
 Washington, D. C, February 7, 1865. 
 
 Sir: I have the honor to ncknowledge the receipt rf a 
 resolution of the House of Representatives, dated Febru- 
 ary 6, 1865, wherein the Secretary of War is " directed to 
 inform this House whetherany privileges have been granted 
 to the preachers of any denomination of professing Chris- 
 tians which have been denied to others, and if so, what de- 
 nomination these persons belonged to, and also their 
 names and place of residence, with the reasons for making 
 such distinction." 
 
 In reply I have the honor to state that I know of no in- 
 stance in which boards of enrollment have exempted preach- 
 ers of the gospel belonging to churches " whose religious 
 tenets do not bring them within the scope of the act of 
 February, 1864, for enrolling and calling out the national 
 forces," nor do I know of any '-privileges having been 
 granted to the preachers of any denomination of professing 
 Christians which have been denied to others." 
 
 I have the honor to be, sir, very respectfully, your obe- 
 dient servant, JAMES B. FRY, • 
 
 Provost Marshal General. 
 
 CONFISCATION OF PROPERTY OF DESERTERS. 
 
 1864, December 21 — Mr. Grinnell asked, but 
 failed to obtain, leave to offer this: 
 
 Resolved, That the Committee on Military Affairs bo in- 
 structed to report at an early day upon the expediency of 
 a law to confiscate for the Government, when practicable, 
 so much of the property of conscripts who have failed to 
 report for duty as may be required to secure the servicesof 
 a soldier in their stead. 
 
 1865, January 7 — Mr. G. offered the resolu- 
 tion, and it was passed. 
 
 FREEDOM OF SOLDIERS' FAMILIES. 
 
 IN SENATE. 
 1865, January 9 — A joint resolution passed,* 
 with these provisions : 
 That the wife and children, if any he have, of any pei^ 
 
 son that has been, or may be, mustered into the military or 
 naval service of the United States, shall, from and alter its 
 passage, be forever free, any law, usage, or custom whatso- 
 ever to the contrary notwithstanding; and inditermining 
 who is or was the wife and wlio are the children of an en- 
 listed person, evidence that he and the woman claimed to 
 be his wife have cohabited together, or associated as hiis- 
 band and wife, and socontinued to cohabit or associate at the 
 lime of the enlif^tmcnt,or evidence that a form or ceremony 
 of marriage (whether such marriage was or was not au- 
 thori.fed t r rccogniaed bylaw) has been entered into or 
 cclelirated by them, and that tho parties thereto thereafter 
 lived together, or associated or cohabited as husband and 
 wife, and so continued to live, cohabit or associate at the 
 time of the enlistment, shall be deemed sufficient proof of 
 marriage, and the children born of any such marriage 
 sha'.I be deemed and taken to be the children embraced 
 within the provisions of the act, whether such marriage 
 shall or shall not have been dissolved at tho time of such 
 enlistment. 
 
 * Headquarters Department of KENncKv, 
 Louisville, Kt., March 12, 1865. 
 [General Orders No. 10.] 
 
 The General commanding announces to the colored men 
 of Kentucky that, by an act of Congress passed on the 3d 
 day of March, 1865, the wives and children of all colored 
 men who have heretofore enlisted, or who may hereafter 
 enlist, in tho military service of the Government, are made 
 free. 
 
 This act of justice to the soldiers claims from them re- 
 newed efforts, by courage, fortitude, and discipline, to 
 win a good name, to be shared by a free wif i and free 
 children. To colored men not in the army it olfersan 
 opportunity to coin freedom for themselves and their pos- 
 terity. 
 
 The rights secured to colored soldiers under this biw 
 will, if necessary, be enforced by the military authorities 
 of this Department; and it is expected that the loyul men 
 and women of Kentucky will encourage colored men to 
 enlist in the army, and, after they have done so, recognize 
 them as upholders of their government and defenders of 
 their homes, and exercise towards tho helpless women 
 and children made free by this law that benevolence and 
 charity which has always characterized the people of the 
 State. 
 
 By command of Major General Palmer : 
 
 J. V. WATSON, 
 Capt.and A. A. A. G. 
 
APPENDIX. 
 
 565 
 
 The vote was— yeas 27, nays 10, as follows : 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, Con- 
 ness, Dixon, Farwel), Foot, Foster, Giiincs, Ilalc, Harlan, 
 Harris, Ilicks, Ilowe, Lano of Indiana, Morgan, Morrill, 
 Pomeroy, Ramsey, Sherman, Sprague, Sumner, Van "Win- 
 kle, VPade, Willey, Wilson— 27. 
 
 Nays— Messrs. Buckalew, Carlile, Cowan, Davis, Hen- 
 dricks, Johnson, Nesviiik, Powell, Saulsbury, Trumbull — 10. 
 
 February 22 — The House passed it — yeas 74, 
 nays 63, as follows : 
 
 Yeas — Messrs. Allison, Ames, Anderson, Arnold, Ashley, 
 Baily, John D. Baldwin, Baxter, Bcaman, Blaine, Blow, 
 Boutwell, Boyd, Broomall, Ambrose W.Clark, Cobb, Colo, 
 Dawes, Dixon, Donnelly, Driggs, Dumont, Eckley, Eliot, 
 Garfield, Gooch, Griunell, Iligby, Hooper, Asahel W. Hub- 
 bard, John n. Hubbard, Hulburd, lugersoll, Jenckes, 
 Kasson, Kelley, Orlando Kellogg, Knox, Littlejohn, Loan, 
 Longyear, Marvin, McClurg, Samuel F. Miller, Moorhead, 
 Morrill, Daniel Morris, Amos Myers, Lcon.ard Slycrs, Nor- 
 ton, Charles O'Neill, Orth, Perham, Pike, Pomoroy, Price, 
 Alexander H. Rice, John H. Rice, Edward II. Rollins, 
 ScUeuck, Scofiold, Shannon, Sloan, Stevens, Thayer, Tracy, 
 Upson, Van Valkenburgh, EUihu B. Washburne, William 
 B. Washburn, Willi:ims, Wilder, Wilson, Worthiugton — 74. 
 
 Nays — Messrs. James C. Allen, Anccna, Augxistus C. Bald- 
 win, Bliss, Brooks, Chanler, Clay, Coffrot/i, Cox, Cravens, 
 Henry Winter Davis, Dawson, Denison, Eden, Edgerton, 
 Eldridge, Finck, Ganson, Grider, Griswold, Hale, Hall, 
 Harding, Harrington, Charles M. Harris, Hcrrick, Kalb- 
 Jlris-;h, Koman, Knapp, Law, Le Blond, Long, Mallory, 
 McBride, lIcKinney, William H. Miller, James jt. Morns, 
 Morrison, Nelson, Noble, Odell, Pendleton, Perry, Pi-uyn, 
 Radford, Samuel J. Randall, William II. Randall, Ross, 
 Smith, Smithers, John B. Steele, William G. Steele, Stiles, 
 Slrouse, Sluart, Sweat, Tmvnscnd, Voorhees, Wudsworth, 
 Whaley, Winfield, Fernando Wood, Yeaman — 63. 
 
 During the pendency of the resolution in the 
 Senate: 
 
 1865, January 9 — Mr. Davis, of Kentucky, 
 proposed to amend so as to make it read: 
 
 The wife and children, if any he have, of any person 
 who may be hereafter mustered into the military or naval 
 service of the United States, shall, from and after the pas- 
 sage of this act, be forever free. 
 
 Which was rejected — yeas 6, (Messrs Buck- 
 alew., Dmis, Hendricks, Powell, Saulsbury, Trum- 
 bull,) nays, 32. 
 
 Mr. Powell offered a proviso : 
 
 Provided, That no slave shall be emancipated by virtue 
 of this resoluliim until the owner of the slave or slaves so 
 emancipated shall bo paid ajust compensation. 
 
 Which was rejected — yeas 7, nays 30: 
 
 Yeas— Jlessrs. Bunkalew, Davis, Hendricks, Johmon, 
 Nesmilh, J'owcll, Saidsbury — 7. 
 
 Nats— Messrs. Anthony, Brown, Carlile, Ch.andler, Clark, 
 Collaiiier, Connoss, Cowan, Dixon, Farwell, Foot, Fos- 
 ter, Grimes, Hale, Harlan, Harris, Henderson, Ilicks, Lane 
 of Indiana, Morgan, Pomeroy, Ramsey, Sherman, Sprague, 
 Sumner, Trumbull, Van Winkle, Wade, Willey, Wilson- 
 Mr. Saulseury ofiFered this proviso, which 
 was r'^jected : 
 
 Provided, That the provisions of this resolution shall 
 notapjily to or be operative in any State that has not as- 
 sumed to secede from the Union. 
 
 COMPENSATION FOR ENLISTED SLAVES. 
 
 IN SENATE. 
 
 18G5, January 25 — The following resolution, 
 offered by Mr. Powell, was adopted: 
 
 Rrsrilvd. That the Secretary of War be directed to in- 
 form the f^ennto whether or not he has .appointed a com- 
 missiciM in each of the slave States represented in Congress 
 " charg-'d to .iward to each loyal person to whom a colored 
 voluMtcr may owe service ajust compensation, not ex- 
 ceeding S?.00, for each colored volunteer," as required by 
 the twenty-fourth section of the act approved February 24. 
 1SG4, cn<itled '• An act to amend an act entitled ' An act for 
 enrollhig and calling out the national forces, and for other 
 purjioHes,' sijiproved .March 3. l^^Cj;' and if he has not ap- 
 jiointed said commission, that he inform the Siualo why he 
 has not done so. 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 1865, January 17 — Mr. Grider submitted the 
 following resolution, which was agreed to : 
 
 Resolved, That the Secretary of War is respectfully re- 
 quested to communicate to this House whether he has, 
 according to the law approved February 24, 1864, appointed 
 a commissioner in each of the slave States represented in 
 Congress, to be charged with the duty to award to each 
 loyal person, to whom a colored volunteer may owe service, 
 "a just compensation, not exceeding $300," for each such 
 colored volunteer, to be paid out of the fund derived from 
 commutation money. 
 
 Resolved further. That he state as near as may be, the 
 amount of said fund, and what further sum will probably 
 be necessary to meet the requisitions of said law. 
 
 January 25 — The Secretary replied : 
 
 War Department, 
 Washington City, January 25, 1S65. 
 
 Sir: In answer to the resolution of the House of Repre- 
 sentatives dated the 17 th instant, in relation to the ap- 
 pointment of commissioners in the slave States, to award 
 to the owners of slaves enlisted as volunteers compensation 
 for their services, I have the honor to say, in reply to the 
 first branch of the inquiry, that commissioners have beea 
 appointed in the States of Maryland and Delaware, and 
 that in the other slave States, by the President's direction, 
 no appointments have yet been made. 
 
 In answer to the second branch of the resolution, I have 
 the honor to state that the amount of the commutation 
 fund is reported by the provost marshal to be 812,170,663 45, 
 a portion of w hich has been assigned for the payment of 
 bounties required in raising now troops. It is believed, 
 however, that there will be sufficient to pay to the owners 
 of slaves the sum allowed by the act of Congress. 
 
 Very respectfully, your obedient servant, 
 
 EDWIN M. STANTON, 
 
 Secretary of War. 
 
 1865, February 16 — Mr. Grider asked unan- 
 imous consent to introduce the following reso- 
 huion: 
 
 Resolved, That the President of the United States be re- 
 spectfully requested, if not inconsistent with the public in- 
 terest, to communicate to the House why commissioners 
 have not been appointed by the Secretary of War, accord- 
 ing to the provisions of a bill approved July, 1864, pro- 
 viding for the valuation of slaves enlisted in the United 
 States army in the States of Kentucky and Slissouri. 
 
 Mr. Stevens objected. 
 
 UNEMPLOYED GENERALS. 
 
 1864, December 14 — The House passed a bill 
 similar to that mentioned on page 285, wiih 
 the addition of a section providing that, dur- 
 ing the war, the provisions of the section 
 shall be applied each month to the general of- 
 ficers — yeas 99, nays 38, as follows : 
 
 Yeas — Messrs. Allison, Ames, Ancoiia, Arnold, Ashley, 
 BatVi/, John D.Baldwin, Baxter, Beaman. Blaine, Blair, Blow, 
 Boutwell, Boyd, Braudegee, Broomall, Ambrose W.Clark, 
 Freeman Clarke, Cobb, Colo, Cravens, Thomas T. Davis, 
 Dawes, Dawson, Deming, Dixon, Donnelly, Driggs, Eckley, 
 Edqerton. Eliot, Euglinh, Farnsworth, /'mo/i-, Garfield, Griu- 
 nell, Griswold, Hale, Harrington, lligby, Holman, Hooper, 
 llotclikis.s, Asahel W. Hubbard, John H. Hubbard, Hul- 
 burd, lugersoll, Jenckes, Kasson, Francis W. Kellogg, Orlan- 
 do Ktllogg, Knox, Law. Lazear, Lt Blond, Littlejohn, 
 Longyear, Marvin, McAllister, McClurg, Mclndoe, Moor- 
 head, Morrill, Daniel Morris, Amos Slyers, Leonard My- 
 ers, Charles O'Xe.ll, Orth, Patterson, Perham, Pike, Pom- 
 erov. Price, Alexander ii. Rice. John H. Rice, Edward H. 
 Rollins, James S. Rollin:, S.h'.'nck, Scofu-ia, Shannon, 
 Sloan, Smith, Smithers, Siiahlin;.', .Starr. Stuart. Tliaver, 
 Thomas, Upson, Van Valkinlmrgh. Llliliu B. Wasbbuuio, 
 AVilliam B. Washburn, \v lialcy, Williams, Wilder, WiUon, 
 Wividom, Benjaman Wood, Yeaman — 99. 
 
 Nats — Messrs. James C. Allen, Augustus C. Baldwin, 
 Brooks, Jame^ S. Brown, ChanUr, Cox, Denison, Eden, JCldr 
 ridge, Ganson, Grider, Harding, Hcrrick, Kalhjlcisch, Kcr- 
 nan, Kiivi. Kn<pp. L-mg, Maltory, M-rcy, M.Dowdt, Mc- 
 Kinnry, Wilhum 11. Miller, James R. Morris, Morris n. No- 
 ble, 'Sovlou, Jnhn o'Nill, PrndleUm, Samuel J. Randall, 
 Ros.'!, Scott, Jam n. Steele. William G. Sl^.ete, Stevens, Stiles, 
 Townsen^, Wadsivorl.'i — 38. 
 
 1865, January 6 — la Senate, the bill was in- 
 
566 
 
 APPENDIX 
 
 definitely postponed — yeas 28, nays 8, as fol- 
 lows: 
 
 Yeas — Messrs. Blown, Buclalcw, Carlile, Clark, Dixon, 
 r<joli!tlc, l-'oot, Foster, (iriiiies, //ar(7iW7, Harris, Ileniler- 
 h 1,, II nclriclcs, Hicks, Johnson, hiiuo of Iiuiiana, Morgan, 
 Bliiirill, Nesinit.'i, Poxuell, Ramsey, liicliardson, Sauls- 
 lurij, Sherman, Sumuer, Vau Winkle, Willey, Wilson— 
 2S. 
 
 NAT.S — Messrs. Connesa, Davis, Farwell, Harlan, Howe, 
 Pomeroy, Trumbull, Wade — 8. 
 
 VOTES OF THANKS. 
 
 Congress pa^srd several joint resolutions, 
 tendering thanks to ar y aad navy officers 
 commauding, and to otBcers and mon uader 
 their commnud. upon which there wa'^ generally 
 no divi ion called. But in th Horse, Jaiuary 
 25, 18G5, on ar solution thanking Major Gene- 
 ral Philip II. Shendan, a' d ihe otiicers and men 
 under hi^ command, for the gallantry, military 
 Bkill, and courage display d ni the then rtcent 
 battles in the Shenandoah Valli'y, a-^.d e-p c'aWy 
 f r their st rvic s at Cedar Pvun, Oct.ober 19, 
 1864, which retrieved the foriunf s of the day, 
 the jeas and navs were ca lid, and were — ^eas 
 131, nays 2, as follows : 
 
 Yeas— Messrs. Jamfs C. Alien, Willimn J. Allen, Allison, 
 Ames, Anama, Anclorson, Ainoltl, Ashley, Augustus C. 
 Baldwin, .Tohn D. Baldwin, Baxter, Beaman, Elaine, Blair, 
 Blow,Boutwell, Boyd, Brooks, Eroonmll, James S. Brown, 
 William G. Brown, Amlirose W. Clark, Cobb, Cofproth, 
 Cole, Cox, Cravens, Henry Winter Davis, Thomas T. Davis, 
 Dawes, Demiing, Denison, Di.xon, Donnelly, Driggs, Eck- 
 ley, Edgcrtm, Eliot, Farnswoith, Finch; Frank, Ganson, 
 Garfield, Gooch, GnV/o^GrinniU, Oriswokl, Hale, Hardinr/, 
 Charles M. Harris, Higby, I/olman, Hooper, Ilotchkiss, 
 Asaliel W. Hubbard, John H. Hubbard, IngersoU, Jenokes, 
 Julian, Kalhfifisch, Kassoii, Ktllcy, K'ernan, King, Knox, 
 Lii:ear, Litt"lfi"hn, Loan, I,oii!,'yc:ir, M.tllnry, Marvin, Mc- 
 Allister, M ■Hi'iilc. :M-i'ltirK, Mrl'>nirr!l. !\IcIndoe, Saniuol F. 
 Miller, Wiiliaiii //. Mill.'r, M.H.rlicad, Jloirill. Daniel Mor- 
 ris, Morri.j-n. Amo.s Mvcis, bconanl Myrs, Arable, Norton, 
 Charles Neill, John' O'lScHl. Orth, Patterson, Perham, 
 Pike, Price, Radford. Samuel J. Randall, William U. Ran- 
 dall, Alexander H. Rice, .7ohn U. Rice, Robinson, Rogers, 
 Edward H. Rollins, James S. Rollins, Ross, Schenck, Sco- 
 field, &o«, Shannon, Sloan, Smith, Smithers, Spalding, 
 Joltn B. SteeU, William G. Steele, Stevens, Slrousc, Stuart, 
 Thayer,Thomas, Tnwnsend, Upson, Van Valkenburgh, ^Yads- 
 worth. EUihu B. Washburne, William B. Washburn, Web- 
 Bter, Whaley, WheeUr, Joseph W. White, Wilson, Windom, 
 I'caman — 131. 
 
 Nays — Messrs. Benjamin G. Harris, Cliilton A. White— 2. 
 
 MILITARY INTERFERENCE IN ELECTIONS. 
 
 IN HOUSE OF REPP.ESENTATIVES. 
 
 18G5, February 22 — The bill of the Senate, 
 referred to on pages 315 and 316, passed the 
 House — yeas 113, nays 19 : 
 
 Yeas— Messrs. Jiimcs C. Allen, Ames, Ancona, Anderson, 
 Arnold, Bailn, Augustus C. Baldwin, Baxter, Blaine, Bliss, 
 Blow, Boutwell, Brooks, Broomall, Chanter, Ambrose W. 
 Clark, Clay, Coffrolh, Cox, Cravens, Dawes, Dawso7i, Deni- 
 so?t, Donnelly, Dumont, Eckley, Eden, Edgerton, Eldridge, 
 Eliot, English, Finck, Ganson, Gooch, Grider, Grinnell, 
 Gris wold,' Hale, Hall, Harding, Benjamin G. Harris, Charles 
 M. Harris, Herrick, Higby, Hohnan, Hooper, Asahel W. 
 Hubbard, John n. Hubbard, Hulburd, Ingersoll, Jenckes, 
 Kalbjleisch, Kasson, Ktrnan, Knapp, Law, he Blond, 
 Littlejohn, Lmg, Longyear, MuUory, Marvin, McDride, 
 McKinnr.y, Samuel F. Miller, William H. Miller, Moorhead, 
 Daniel Morris, James R. Morris, Morrison, Amos Myers, 
 Leonard Myers, A''elson, Noble, Odell, Charles O'Neill, Pat- 
 terson, Pendleton, Perham, Perry, Pomeroy, Price, Pruyn, 
 Radford, Samuel J. Randall, William II. Randall, Alex- 
 ander U. Rice, Edward H. Rollins, Ross, Scofield, Smith, 
 John B.Steele, William G. Steele, Stiles, Strouse, Stuart, 
 Swat, Thayor, Tmvnsend, Tracv, Van Valkenburgh, 
 Vnorhees, Wadsworth, EUihu B. Washburne, William B. 
 Washburn, Webster, Whaley, Williams, Wilson, Winjield, 
 Fernando Wood. Woodl)iidge, Veaman—llS. 
 
 Nats — Messrs. Ashley, Beaman, Boyd, Cobb, Cole, 
 Henry Winter Davis, Tliomas T. Davis, l.iaifield, Kelley, 
 Knox, John H. Rice, Schenck, Shannon, Sloan, Sftiithers, 
 StovoUB, Upsou, Wilder, WortUington— 19. 
 
 Peace. 
 
 THE HAMPTON ROADS CONFERENCH. 
 
 1865, February 10 — These messages from 
 President Lincoln were received and read : 
 
 MESSAGE TO TitE HOUSE. 
 TotJie Honorable the House of Representatives : 
 
 In response to your resolution of the 8th 
 instant,* requesting information in relation to 
 a conference recently held ia Hampton Ro.ids, 
 I h we the honor to state, that on the day of 
 the date I gave Francis P. Blair, Senior, a card, 
 written on as follows, to wit : 
 
 Allow the bearer, F. P. Blair, Senior, to pass our lines, 
 go south, and return. A. LINCOLN. 
 
 December 28, 1S64. 
 
 That at the time I was informed that Mr. 
 Blair songht the card as a means of getting to 
 Richmond, Virginia ; but he was given no au- 
 thority to speak or act for the government, 
 nor was I informed of anything he would say 
 or do on his own account, or otherwise. After- 
 wards Mr. Blair told me that he had been to 
 Richmond, and had seen Mr. Jefferson Davis ; 
 and he (Mr. B.) at the same time left with me 
 a manuscript letter, as follows, to wit : 
 
 Richmond, Va., January 12, 1865. 
 
 Sib: I have deemed it proper, and probably desirable to 
 you, to give you, in this form the substance of remarks 
 made by me, to be repeated by you to President Lincoln, 
 &c., &c. 
 
 I have no disposition to find obstacles in forms, and am 
 willing, now as heretofore, to enter into negotiations for the 
 restoration of peace ; and am ready to send a commission 
 whenever I have reason to suppose it will be received, or 
 to receive a commission, if the United States Government 
 shall choose to send one. That, notwithstanding the rejec- 
 tion of our former offers, I would, if you could promise 
 that a commissioner, minister, or other agent would be 
 received, appoint one immediately, and renew the eflbrt to 
 enter into conl'erencs, with a view to secure peace to tha 
 two countries. 
 
 Yours, &c., JEFFERSON DAVIS. 
 
 F. P. Blair, Esq. 
 
 Afterwards, and with the view that it shou'd 
 be shown to Mr. Davis, I wrote and delivered 
 to Mr. Blair a letter, as follows, to wit: 
 
 Washington, January 18,1865. 
 
 Sir: Your having shown me Mr. Davis's letter to you oi 
 the 12th instant, you may say to him that I have constantly 
 been, am now, and shall continue ready to receive any 
 agent whom he, or any other influential person now resist- 
 ing the national .authority, may informally send to me, with 
 the view of securing peace to the people of our one com- 
 mon country. 
 
 Yours, &c., A. LINCOLN. 
 
 F. P. Blair, Esq. 
 
 Afterwards Mr. Blair dictated for and author- 
 ized me to make an entry on the back of my 
 retained copy of the letter last above recited, 
 which entry is as follows : 
 
 January 28, 1865. 
 
 To-day Mr. Blair tells me that on the 21st instant he de- 
 livered to Mr. Davis the original, of which the within is a 
 copy, and left it with him ; that at the time of delivering 
 it ftir. Davis read it over twice in Mr. Blair's presence, at 
 the close of which he (Mr. Blair) remarked that the part 
 about " our one common country'' related to the part ol 
 Mr Dcivis's letter about " the two countries," to which 
 Mr. Davis replied that be so understood it. 
 
 A. LINCOLN. 
 Afterwards the Secretary of War placed in 
 
 * The resolution was offered by Mr. Stevens, and is aa 
 follows: 
 
 Ri solved. That the President be requested to communi- 
 cate to this House such information as he m.ay deem not 
 incompatible with the public interest relative to the recent 
 conference between himself ami the Secret iry of State and 
 Messrs. Stephens, Uuuter, and Campbell, in Hamptua 
 
APPENDIX. 
 
 567 
 
 my hands the following telegram, indorsed by 
 him as appears : 
 
 [Cipher.] 
 Office United States Military Telegraph, 
 War Department. 
 The following telegram received at Washington, January 
 29, 1865, frorii headquarters Army of James, 6.30 P. M., Jan- 
 uary 29, 1SC5: 
 
 The following despatch just received from Major General 
 Parke, who refers it to me for my action. I refer it to you 
 In Lieutenant General Grant's absence. 
 
 E. 0. C. ORD, 
 Major General Commanding. 
 Hon. Edwin M. Stanton, Secretary of War. 
 
 Headquarters Army of Potomac, 
 -I P. ^U, January 2(i,1865. 
 The following despatch is forwarded to you for your ac- 
 tion. Since I have no linowledge of General Grant's hav- 
 in;;; had ai)y understanding of this kind, I refer the 
 m.ittrr to you as the ranking otficer present in the two 
 armies. JN'O. G. PARKE, 
 
 Major General Commanding. 
 Major General E. 0. C. Ord, 
 
 Headquarters A rmy of the James. 
 From Headquarters Ninth Army Cokps, 29?/). 
 Alex. H. Stephens, R. M. T. Hunter, and J. A. Camp- 
 bell desire to cross my lines, in accordance with an 
 understanding claimed to exist with Lieutenant General 
 Grant, on tlieir way to Washington as peace commissioners. 
 Shall they be admitted? They desire an early answer, to 
 com-e thi'uimh immediately. Would like to reach City 
 Point tu-ni-ht. if tliey can. If they cannot do this, they 
 Would like to come through at 10 A. M. to-morrow morn- 
 ing. O.B.WILCOX, 
 
 Major General Commanding Wi Corps. 
 Major General Jno. 0. Parke, 
 
 Headquarters Army of Potomac. 
 Respectfully referred to the President for such instruc- 
 tions as he may be pleased to give. 
 
 EDWIN M. STANTON, 
 Secretary of War. 
 January 29—8.30 P. M. 
 
 It appears that about the time of placing 
 the foregoing telegram in my h mds, the I^ec- 
 retary of War despatched General Ord, as fol- 
 lows, to wit : 
 
 [Sent in cipher at 2 A. M., 30th.] 
 
 War Department, 
 Washington City, January 29, 1865—10 P. M. 
 Sir: This Department has no knowledge of any under- 
 standing by General Grant to allow any person to Pome 
 within his lines as commissioner of any sort. You will there- 
 fore allow no one to come into your lines under snoh char- 
 acter or profession, until you receive the President's in- 
 Etruolions, to whom your telegram will be submitteil for his 
 directions. EDWIN M. STANTON, 
 
 Secretary of War. 
 Major General Ord. 
 
 Afterwards, by my direction, the Secretary of 
 War telegraphed General Ord as follows, to wit : 
 War Department, 
 Washington, D. C, 10.30 A. M., .Tanuary 30, 1865. 
 Sir: By direction of the PresidcMt, you are instructed 
 to inform the three gentlemen, Mefsrs .Sti-phciis, Hunter, 
 and Campbell, that a messenger will be il.spat.lnd to them 
 at or near where they now are withoiil inin''rrs.sarv (Klay. 
 EDWIN M. STANTON, 
 Secretary of War. 
 Major General E. 0. C. Ord, 
 
 Headquarters Army of the James. 
 
 Afterwards I jtreptired and put into the hands 
 of Major Thomas T. Eckert the following in- 
 structions and message : 
 
 Executive Mansion, 
 Washington, January 30, 1865. 
 Sir: You will proceed with the documents placed in 
 your hands, an<l, on reaching General Onl, will il'liver him 
 the letter addressed to him by the Scrr.tiuy ni' War; then, 
 by General Ord's assistance, prociur an mlfivirw with 
 Messrs. Stephens, Hunter, and Cam]. 1. II, '■>■ aii> .il them. 
 Deliver to him or them the paprr on wliah y.\if ou n btfr 
 is written. Note on the cupy wliii h y.^ii iciain lii^ tim • I'l' 
 delivery, anil to whom deliv.ir.l. 1! rri\,. iln ir an-wi in 
 writing, waiting a reasonabli' tlrni- L.r il. an.l u Iiirji, if it 
 contain their decision to come thnm-h, willioiit lurllier 
 rouilition, will be your warrant to ask Cieucral Ord t i pass 
 tbiMu through, ixH directed iu thtj letter of the Secretary of 
 
 War to him. If, by their anawer, they decline to come, 
 or proposes other terms, do not have them passed through. 
 And this being vour whole duty, return and report to mc. 
 Yours truly, A. LINCOLN. 
 
 Major T.T. Eckert. 
 
 Messrs. Alex. H. Stephens, J. A. Campbell, and IV M. T. 
 
 Hunter: 
 
 Gentlemen: I f\m instructed by the President of the 
 United States to place this pajier in your hands, with the 
 information that if you pass through the United States 
 military lines, it will be understood that you do so for the 
 purpose of an informal conference, on the basis of the let- 
 ter, a copy of which is on the reverse side of this sheet, 
 and that, if jou choose to pass on such understaniling, 
 and so notify me in writing, I will procure the commantl- 
 ing general to pass you through the lines and to Fortress 
 Monroe, under such military precautions as ho may deem 
 prudent, and at wliich place you will be met in duo time by 
 Bomo person or jiersons, for the purpose of such informal 
 conference; and, further, tliat yoi sliall have protection, 
 safe conduct, and sale return in all events. 
 
 TlinMAS T. ECKERT, 
 M ijor and Aide-de-Camp. 
 
 City Point, Va., February 1, 18G5. 
 
 Washington, January 18, 1865. 
 
 Sir: Your having shown me Mr. Davis's letter to you of 
 the 12th instant, you may say to him that I have constantly 
 been, am now, and shall continue ready to receive any 
 agent whom lie, or any other influential person now resist- 
 ing the national authority, may informallj' send to me, with 
 the view of securing peace to the people of our one com- 
 mon country. Yours, &c., 
 
 A. LINCOLN. 
 
 F. P. Blair, Esq. 
 
 Afterwards, but before Major Eckert had de- 
 parted, the following despatch was received 
 Irom General Grant : 
 
 [Cipher.] 
 Office United States Military Telegraph, 
 
 W.iR DcPArTMENT. 
 
 The following telegram, received at Washington, .Tan- 
 uary 31, 1S63. From City Point, Va., 10.30 A. M., Jan- 
 uary 30, 1S65. 
 His E.xcellency Abrah.4.m Lincoln, 
 
 President of the United States : 
 The following communication was received here last 
 evening: 
 
 Petersburg, Virginia, January 30, 1865. 
 Sir : We desire to pass your lines under safe conduct, 
 and to proceed to Washington, to hold a conference with 
 President Lincoln upon tho subject of tlio existing war, 
 and with a view of ascertaining upon what terms it may 
 be terminated, in pursuance of the course indicated liyliim 
 in his letter to Mr. Blair of January 18, 1865, of which wo 
 presume you have a copy, and if not we wish to sec you 
 iu person, if convenient, and to confer with you upon the 
 subject. Very respectfully yours, 
 
 ALEXANDER H. STEPHENS. 
 J. A. CAMPBELL. 
 R. M. T. HUNTER. 
 Lieutenant General U. S. Grant, 
 
 Cmimanding Armies United States. 
 
 I have sent directions to receive these geutlemen, and ex- 
 pect to have them at my quarters this evening, awaiting 
 your instructions. U. S. GRANT, 
 
 Lieut. GenH Commanding Armies U. S. 
 
 This, it will be perce. ed, transferred Gen- 
 eral Ord's agency in the matter to General 
 Grant. 1 resolved, however, to send M.ajor 
 Eckert forward with his message, and accord- 
 ingly telegraphed General Grant as follows, to 
 wit: 
 
 Executive Mansion, 
 Washington, January, 31, 1865. 
 Lieutenant General Grant, City Point, Va. : 
 
 A messenger is coming to you on the business contained 
 in your despatch. Detain the gentlemen in comfortable 
 quarters until he arrives, and then ai t upon the message 
 he bringsasfar as applicabb', it having been made up to 
 pass through General Ord's liandi, and when the gontle'nen 
 were supposed to be beyond our lines. A. LINCOLN. 
 
 Sent iu cipher at 1.30 1'. .M. 
 
 When Major Eckert departed, he bore wilh 
 
568- 
 
 APPENDIX. 
 
 him a letter of the Secretary of War to Gen- 
 eral Giant, as follows, to wit: 
 
 War Department, 
 Washington, I). C, January 30, 1866. 
 General : The President desires that you will pleasp pro- 
 cure for Ihe bearcij Major Thomas T. Eckert, an interview 
 with Messrs. Stephens, Ilunter, and Campbell, and if, on his 
 return to j'ou, he request it, pass them through ojir lines 
 to Fortress Monroe, by such route and under such militiiry 
 precautions as you may deem prudent, giving them pro- 
 tection and comfortable quarters while there, and that you 
 let none of this have any effect upon your movements or 
 plans. 
 By order of the President : 
 
 EDWIN M. STANTOX, 
 
 Secretary of War. 
 Lieutenant General Grant, Commanding, <£c. 
 
 Supposing the proper po'nt to be then 
 reached, I despatched the Secretary of State 
 with the following instructions, Major Eckert, 
 however, going ahead of him: 
 
 Executive Mansion, 
 Washington, January SI, 1865. 
 Yon will proceed to Fortress Monroe, Virginia, there to 
 meet and iiifornially confer with Messrs. Stephens, Hun- 
 ter, and Campliell, on the basis of my letter to F. P. Blair, 
 Esq., of .Taiiuary 18, 1865, a copy of which you have. You 
 will mak'i known to them that three things are indispen- 
 sable, to wit: 
 
 1. Tlie restoration of the national authority throughout 
 all the States. 
 
 2. No receding, by the Executive of the United States, 
 on the slavery question, from the position assumed thereon 
 in the late annual message to Congress, and in preceding 
 documents. 
 
 3. No cessation of hostilities short of an end of the war 
 and the disbanding of all forces hostile to the govern- 
 ment. 
 
 You will inform thorn that all propositions of theirs, not 
 inconsistent witli the above, will be considered and passed 
 upon in a spirit of sincere liberality. You will hear all 
 they may clionse to say, and report it to nie. You will not 
 assume to detinitely consummate anytliins. 
 
 Yours, &c., ABRAHAM LINCOLN. 
 
 lion. William II. Sewaed, Secretary of Slate. 
 
 On the day of its date, the following telegram 
 was sent to General Grant : 
 
 [Sent in cipher at 9.30 A. M.] 
 
 W.AR Department, 
 Washington, D. C, Februai-y 1, 1865. 
 Lieutenant General Grant, City Point, la.: 
 
 Let nothing which i.s transi)iring change, hinder, or de- 
 lay your military movements or plans. 
 
 A. LINCOLN. 
 Afterwards tbe following despatch was re- 
 ceived from General Grant : 
 [In cipher.] 
 
 Office U. S. Military Telegraph, 
 War Depart.mknt. 
 The following telegram received at Washington 2.30 P. M. 
 Feliruary 1, l.s'66, from City Point, Virginia, February 1, 
 12.G0P. M., 1865: 
 
 Your despatch received. There will be no armistice in 
 conseij-.ience of the presence of Mr. Stcphiiis and otiiers 
 within our linos. The troops are kciitin nailiness to move 
 at the shortest notice, if occasion s'.iould jnslilV it. 
 U. S. GRANT, 
 
 Lintt. Ganeral. 
 Ilis Excellency A. Lincoln, P)-esidcnt United Slates. 
 
 To notify Major Eckert that the Secretary of 
 State would be at Fortress jNIonroe, and to put 
 them in communication, the following despatch 
 was sent : 
 
 War Department, 
 Washington, D. C, February 1, 1S65. 
 Call at Fortress Jlonroe.ainl put yourself under direction 
 of Mr. S., whom you will lind there. 
 
 A. LINCOLN. 
 Major T. T. Eckert, c.iro of Oencr.il Crant, 
 
 Oily I'oint, la. 
 
 On the morning of the 2d instant, the follow- 
 ing tel' grams were received by me, respect- 
 iv ly, from ihe Secretary of State and Mnjor 
 Eckert: 
 
 Fort Monroe, Va., 11.30 P. M., Tkhmary 1, 1?65 
 Arrived at ten this evening. Richmond party not here. 
 I remain hero. WILLIAM II. SEWARD. 
 
 The President of the United States. 
 
 City Point, Va , 10 P. M., February 1, 1865. 
 His Excellency A.Lincoln, President of the United States: 
 I have the honor to report the delivery of your commu- 
 nication and my letter at 4.15 this afternoon, to which I re- 
 ceived a reply at P Jl., but not satisfactory. 
 
 At 8 P. M. the following note, addressed to General Grant, 
 was received : 
 
 City Point, Va., February 1, 1865. 
 Sir: We desire to go to Washington city, to confer in- 
 formally with the President, personally, in reference to the 
 matters mentioned in his letter to Mr. Blair, of the ISth 
 Januar}", ultimo, without any personal compromise on any 
 question in the letter. We have the permission to do 80 
 from the authorities in Richmond. 
 Very respectfully yoors, 
 
 ALEX. II. STEPHENS. 
 R. M. T. IIUXTiOR. 
 J. A. CAMPBELL. 
 Lieutenant General Grant. 
 
 At 9.30 P.M., I notified them that they could not proceed 
 further, unless thoy cojuplied with the terms expressed in 
 my letter. The point of meeting designated in the abovo 
 note would not, in my opinion, be insisted upon. Think 
 Fort Monroe would be acceptable. Having complied with 
 my instructions, I will return to Washington to-morrow, 
 unless otherwise ordered. 
 
 TIIOS. T. ECKERT, Major, <Cc. 
 
 On reading this despatch of Major Eckert, I 
 
 was about to recall him and the Secretary of 
 
 State, when the following telegram of General 
 
 Grant to the Secretary of War was shown me : 
 
 [In cipher.] 
 Office United States Military Telegraph, 
 War Depart.mext. 
 
 The following telegram received at Washington 4.35 A. 
 M., February 2, lisOo. From City Point, Va., February 1, 
 10.;J0 P. M., 1865 : 
 
 Now that the interview between Major Eckert, underhis 
 written instructions, and Mr. Stephens and party has ended, 
 I will state coiilidciitially, but not ofhcially, to become a 
 matter of rccoid, that 1 .ini convince<l, upon conversation 
 with Messrs. Slephiiis ami Hunter, that their inteufiona 
 are good and their desire sincere to restore peace and union. 
 I have not felt niysoU at liberty to e.xprcss even views of 
 my own, or t<i account lor my reliccncy. This has ])laced 
 me in an awkward position, wjiicli I could have avoided by 
 not seeing llieiii in the lirst instance. I I'ear now tlicir go- 
 ing back without any expression from any one i]| authority 
 will have a bad iMnuenrc. .\t the same time I recogni/.o 
 the ilillieullies in Ihe way of receiving these iiifornialVom- 
 niissioners.it this lime, and do not know what to recom- 
 mend. I am sorry, however, tli.it .Mr. Lincolncannot have 
 an interview witli tlie two named in this despatch, if not 
 all three now within our lines. Their letter to me was 
 all that the I'residcMit's instructions contemplated to secure 
 their safe conduct, if they had used the same language to 
 .Major Eckert, U. S. GRANT, 
 
 Lieulenanl General, 
 
 Hon. Edwin M. Stanto.v, Seci-etary of (I'ar. 
 
 This dispatch of General Grant changed my 
 purpose ; and accordingly I telegraphed him 
 and the Secretary of State respectively as fol- 
 lows : 
 
 [Sent in cipher at 9 A.M.] 
 
 \\ Kn Department, 
 Washington, D. C, February 2, 1865. 
 Lieut. Gen. Grant, Ci'y I'oint, Virginia: 
 
 Say to the gentlemen I will meet them personally at 
 Fortress Mourou iis soon as I can get there. 
 
 A. LINCOLN. 
 [Sent in cipher at 9 A. M.] 
 
 War Department, 
 WAsniNGTON, D. C, February 2, 1865. 
 Hon. Wm. ir. Seward, Fortress Monroe, Virginia: 
 
 Induced by n dispatch from General Grant, I join yon at 
 Fort Monroe iia soon as I can como. 
 
 A. LINCOLN. 
 
 Before starting the following dispatch wa3 
 shown me. I proceeded, nevertheless : 
 [Cipher.] 
 Office U. S. Militarv TELEORAPn, 
 War D,:i'Kr.TMi..\T. 
 The following telegram, received ut Washington, Febr 
 
APPENDIX. 
 
 5G9 
 
 rnary 2. 1865. From City Point, Virginia, 9 A. M., Feb- 
 ru irv 2. 1865 : 
 
 [Copy to Hon. Edwin M. Stanton, Secretary of War, Wash- 
 ington.] 
 Hon. Wm. II. PEWArD, Secretary of State, Fort Monroe: 
 
 TL fceutlemon here liave accepted the proposed terms, 
 and will leave lor Fort Monroe at 9 30 A. 51. 
 
 U. S. GRANT, 
 
 Lieutenant General. 
 
 On the night of the 2d I reached Hampton 
 Ro:ids, found the Secretary of State and Major 
 Eckeri on a steamer anchored off shore, and 
 learned of them that the Richmond gentlemen 
 were on another steamer also anchored olf shore, 
 in the Roads, and that the Secretary of State 
 hadnotyet seen or communicated with them I 
 ascertained that Major Eckert had literally 
 complied with his instructions, and I saw, for 
 the first time, the answer of the Richmond 
 gentlemen to him, which, in his despatch to me 
 of the 1st, he characterizes as " not satisfac- 
 tory." That answer is as follows, to wit : 
 
 City Point, Vikginia, February/ 1, 1S65. 
 
 Major: Your note, delivered by yourself this day, has 
 been considered. In reply, we have to say that we were 
 furnished with a copy of the letter of President Lincoln to 
 Fnincis P. Blair, Ksq., of the ISth of January ultimo, 
 another copy of which is appended to your note. Our in- 
 structions are contained in a letter, of which the following 
 is a copy : 
 
 Richmond, January 28, 1865. 
 
 In conformity with the letter of Mr. Lincoln, of which 
 the loregohig is a copy, you are to proceed to Washini^tou 
 city for iuiornial conference with him upon the issues in- 
 volved in the existing war, and for the purpose of securing 
 peace to the two countries. 
 
 With great respect, your obedient servant, 
 
 JEFFERSON DAVIS. 
 
 The subiitantial oljject to be obtained by the informal 
 conference is, to ascertain upon what terms the existing 
 war can be terminated honorably. 
 
 Our instructions contemplate a personal interview be- 
 tween Pre-ident Lincoln and ourselves at Wasliin,;;ton city, 
 but with tliise.xplunatiou we are ready to meet any person 
 or persons that President Lincoln may appoint, at such 
 place as he may designate. Our earnest desire is, that a 
 justand honorable peace may be agreed upon, and we are 
 prepared to receive or to submit propositions which may, 
 possibly, lead to the attainment of tliat end. 
 Very respectfully yours, 
 
 ALEXANDER 11. STEPHENS. 
 R. JI. T. HUNTER. 
 JNO. A. CAMPBELL. 
 
 Thomas T. Eckert, Major, and A. D. C. 
 
 A note of these gentlemen, subsequently ad- 
 dressed to General Grant, has alreadj- been given 
 in Major Eckert's despatch of the 1st instant. 
 
 I also here saw, for the first time, the follow- 
 ing note, addressed by the Richmond gentlemen 
 to Major Eckert: 
 
 City Point, Va., February 2, 1865. 
 
 M.uor: In reply to your verbal statement, that your in- 
 structions did not allow you to niter the conditions upon 
 wliich a passport could be is,\\-on to us, we siiv lliat we are 
 willing I.I prucced to Fortress .Moiiroe.and liiL-reto haveaii 
 iuiornial nMilereMce, with .any pers„n or persons that I'roi- 
 ib-iit l.imnlii niav appoint, on tlie b.a-is of hi.s letter to 
 Francis f. IJI.iir of tlie IStli of .laiiuarv ultimo, or upcm 
 any ollur terms or conditions that hi' inay lioreaflerpnipose, 
 not inconsistent with Iheessential principles of sell-pivirn- 
 iMcnt and popul.ir rights upon wliich our institutions are 
 fonn.led. 
 
 It Is our earnest wish to ascertain, after a free inter- 
 change of ideas and iiilbrniation, upon what principles 
 ami terms, if any, a jnst and lionoraMe p-jace can be es- 
 tal.li-hc.l without the further elViision of blood, and to cun- 
 tril.ntc.arr nlmost eiTorts to accomplish such a result. 
 
 Wi- think it better to add, tli.it, in accepting your pass- 
 port we are not to be understood as committing ourselves 
 to anything, i'lit to carry to this inibrmal coiilereiice llie 
 views and I'-elings abovv.- expressed. 
 Very respoctfiilly vours, ,to., 
 
 ALE.X.WOKIt If. STEPHENS. 
 
 J. A. CA.>ii>i:n,L. 
 
 1!. M. T. IILNTKR. 
 TnoMAS T. Eckert, Major, and A. l>. t'. 
 
 Note. — The above communication was delivered to me 
 at Fort Monroe at 4.30 P. M., February 2d, by Lieuten- 
 ant Colonel Babcock, of General Grant's staff. 
 
 THOMAS T. ECKERT, 
 
 Major, and A. D. C. 
 
 On the morning of the 3d, the threegcntlemen, 
 Messrs. Stephens, Hunter, and Campbell, came 
 aboard of our steamer, and had an interview 
 with the Secretary of State and myself, of 
 several hours' duration. No question of pre- 
 liminaries to the meeting was then and there 
 made or mentioned. No other person was 
 present ; no papers were exchanged or pro- 
 duced ; and it was, in advance, agreed that the 
 conversation was to be informal and verbal 
 merely. 
 
 On our part, the whole substance of the in- 
 structions to the Secretary of State, hereinbe- 
 fore recited, was stated and insisted upon, and 
 nothing was said inconsistent therewith ; while, 
 by the other party, it was not said that in any 
 event or on any condition, they ever would con- 
 sent to re-union ; and yet they equally omitted 
 to declare that they never would so consent. 
 They seemed to desire a postponement of that 
 question, and the adoption of some other course 
 first which, as some of them seemed to argue, 
 might or might not lead to re-union ; but which 
 course, we thought, would amount to an indefi- 
 nite postponement. The conference ended 
 without result. 
 
 The foregoing, containing as is believed all 
 the information sought, is respectfully sub- 
 mitted, 
 
 ABRAHAM LINCOLN. 
 
 Executive Mansion, February 10, 1865. 
 
 MESSAGE TO THE SENATE. 
 To 'M Senate of the United States: 
 
 In answer to the resolution of the Senate, of 
 the 8th instant,* requesting information con- 
 cerning recent conversations or communications 
 with insurgr-nts, under executive sanction, I 
 transmit a report from the Secretary of State, 
 to whom the resolution was referred. 
 
 ABRAHAM LINCOLN. 
 
 Washington, February 10, 1865. 
 
 To the President : 
 
 The Secretary of State, to whom was referred a resolti- 
 tion of the Senate of the 8th instant, requesting " the Pres- 
 ident of the United States, if, in his opinion, not incompati- 
 ble with the public interests, to furnish to the Senate any 
 
 *Tho resolution was offered by Mr. Sum.ner, and is as fol- 
 lows : 
 
 I^esnlvrd, That tlie President of the United States be re- 
 quested, if in hisopinion not incompatible with the public 
 interest, to furnish to the Senate any intbrmation in his 
 possession concerning recent conversations or coniminii- 
 
 ecntive sanction, including coniniiinicalions with tho 
 rebel .lefleisuii Davis, and any corre.siiondence relative 
 thereto. 
 
 This .inienrlmeiit, oD'ered bv Mr. S.AULsnunv, was rejected; 
 
 And that he be also requested to inrorin the Senate 
 whether he, ot others acting under his authority, did not 
 ricpiiie, as a condition to rfunlon, the acquiescence of said 
 persons mentioned in saiil resolution, or of tiie public au- 
 thorities of the so-calh(l Conrederato Slates, in the aboli- 
 
 Ihose acting bv his antboritv, did not require as acoiiditinri 
 to m-gotial ion "that the said Vonfeder.it.-i sh.aild lay down 
 their .irnis. .And Ihil he be .eqinvsted to inlorm the Sen- 
 ate hilly in lelejence to everylliing connected with or oc- 
 curring ill said coiiferenco or confeieiices ill relation to tho 
 snbjcet mall.Tof said oourereiiee.s. And also that lie be re- 
 • iuestid to slate whether. .r not an iirniistid- was not .isUed 
 for by .Messrs. St. ■|.|ieiis,l|iiiitci-,aii.lCaui|.l..ll, with tlie view 
 to pn.par.' the minds ul the Southern [leople for peace ami 
 reunion of Ihu Stales. 
 
570 
 
 APPENDIX. 
 
 information in hiB possession concerning recent coiiversa- 
 tijus or conimiiniciitioiis witli ciTtaia rebels, SiiiJ to 
 liave taken place under executive sanction, includ- 
 ing coininnniciitions witli tiie rebel Jefferson Uavis, 
 ami any correspondence relating thiereto," lias tiie Iionoi- 
 to rep jrt that tlie Senate may properly be referred to a 
 special message of the President bearing upon the subject 
 of the resolution, and transmitted to the House this day. 
 Appended to this report is a copy of an instruction wliicli 
 has been addressed to Charles Francis Adams, Esq., envoy 
 extraordinary and minister plenipotentiary of the United 
 States at London, and which is the only correspondence 
 found in this department touching the subject referred to 
 in the resolution. 
 
 KespectluUy submitted. 
 
 WILLIA5I n. SEWARD. 
 
 Department or State, 
 
 Washingto:*, Febi-uary 10, 1S65. 
 
 MB. SEWAKD TO MR. ADAMS. 
 
 No. 1258.] Department of State, 
 
 Washingio-x, February 7, 1865. 
 
 Sir: It is a triiism that in times of peace there are al- 
 ways instigators of war. So soon as a war begins there are 
 citizens who impatiently demand negotiations for peace. 
 The advocates of war, after an agitation, longer or shorter, 
 generally gain their fearful end, though tlie war declared 
 is not linfrequeutly unnecessary and unwise. So peace 
 agitators in time of war ultimately bring about an aban- 
 donment of the conflict, sometimes without securing the 
 advantages which were originally expected from the con- 
 flict. 
 
 The agitators for war in time of peace, and for peace in 
 time of war, are not necessarily, or perhaps ordinarily, un- 
 patriotic in their purposes or motives. Uesults alone de- 
 termine whether they are wise or unwise, i he treaty of 
 peace concluded at Guadalupe Hidalgo was secured by an 
 irregular negotiator, under the ban of the gnvernment. 
 Some of the efforts which have been made to bring about ne- 
 gotiations with aview to end our civil wararckhown to the 
 whole world, l)ecause they have employed foreign as well 
 a? domestic agents. Others, with whom you have had to 
 deal confidentially, are known to yourself, although they 
 have not publicly transpired. Other efforts liavo occurred 
 here which are known only to the persons actually moving 
 in them and to this government. I am now to give, for 
 your informatioti, an account of an affair, of t!ie same gen- 
 eral character, which recently received much attention 
 here, and which, doubtless, will excite inquiry abroad. 
 
 A few days ago Francis P. Blair, E-<q., of Maryland, ob- 
 tained from the Presidi'nt a simijle leave to pass through 
 our military lines, without delinite views known to the 
 government. Mr. Blair visited Richmond, and on his re- 
 turn he showed to the President a letter which Jefferson 
 Davis had written to ]Mr. Blair, in which Davis wrote that 
 Mr. Blair was at liberty to say to President Lincoln that Da- 
 ■vis was now, as he always had been, willing to send com- 
 missioners, if assured they would be received, or to re- 
 ceive any that should be sent; that he wa.s not dispo.sed 
 to find obstacles in forms, lie would send commissioners 
 to confer with the President, with a view to a restoration 
 of peace between the two countries, if he could be assured 
 they would be received. The President thereupon, on the 
 18th of January, addressed a note to Mr. Blair, in which 
 the President, after acknowledging that he had read the 
 note of Mr. Davis, said that ho was, is. and always should be 
 willing to receive any .agents that Mr. Davis or any other 
 influential person now actually resisting the authority of 
 the government might send to confer informally with the 
 President, with a view to the restoration of peace to the 
 people of our one common country. Mr. Blair visited Rich- 
 mond with this letter, and then again came back to Wash- 
 ington. On the 29th instant wi' w«rr advised from the camp 
 of LieutenantGcueral Grant that Ab-xajider II. Stephens, 
 E. M. T. Hunter, and John A. Campbell were applying for 
 leave to pass through the lines to Washington, as peace 
 commissioners, to conf<T with the President. They were 
 permitted by the Lieutenant General to come to his head- 
 quarters, to await there the decision of the President. Ma- 
 jor Eckert was sent down to meet the party from Rich- 
 mond at General Grant's lieadquartevs. The m.ajor was 
 directed to deliver to them a copy of the President's letter 
 to Mr. Blair, with a note to be addressed to them, and signed 
 by the major, iir which they were directly informed that if 
 they should be .allowed to pass our lines they would be un- 
 derstood a.s coming for an informal conference, upon the 
 basis of the aforenamed letter of the i 8th of January to 
 Mr. Blair. If they should express their assent to this con- 
 dition in writing, then Major Kckort was directed to give 
 them safe condnct to fortress Monrie, where a person 
 coming from the President would meet thcni. It being 
 thought probable, from a report of their conversation with 
 Lieutenant General Grant, that the Richmond party would, 
 
 in the m.anner prescribed, accept the condition mentioned, 
 the Secretary of State was charged by the President with the 
 duty of representing this government in the expected in- 
 formal conference The Secretary arrived at Fortress Mon- 
 roe in the ni-ht of the first day of February. Major Eckert 
 met him in the morning of the second of February wjth 
 the infurnialion that the persons who had come from Rich- 
 nion<l had not accepted, in writing, the condition upon 
 wliich he wiia allowed to give them conduct to Fortress 
 Monroe. The major had given tlie same informatif n by 
 telegraph to the President, at Washington. On receiving 
 this information, the President prepared a telegram direct- 
 ing the Secretary to return to Wjishington. The Secretary 
 was preparing, at the same moment, to so return, without 
 wai I ingfor instructions from the Presiilent; but at this 
 juncture Lieutenant (icneral Gnmt telegraphed to the Sec- 
 retary of War, as well as to the Secretary of State, that the 
 party from Richmond had reconsidered and accepted tl'e con- 
 ditions tendered them through Major Eckert, and GeniTal 
 Grant urg(^ntlyadvi-ied the President to ciml'er in person 
 with the Richmond party. Under these circumstances, llie 
 Secretary, by the President's direction, remained at I'oi^ 
 tress Monroe, and the President joined him there on the 
 night of the 2d of February. The Richmond party wa,s 
 brought down the James river in a United States steam 
 transport dtn-ing the day, and the transport was anchore<l 
 in Hampton Roads. 
 
 On the morning of the 3d the President, attended by the 
 Secretary, received Messrs. Stephens, Hunter, and Camjv 
 bell on boa'd the United States steam transport River 
 Queen, in Hampton Roads. The conference was altogether 
 informal. There was no attendance of secretaries, clerks, 
 or other witnesses. Nothing was written or read. The 
 conversation, although earnest and free, was calm, and 
 courteous, and kind on both sides. The Richmond party 
 approached the discussion rather indirectly, and at no time 
 did they cither make categorical demands, or tender for- 
 mal stipulations, or absolute refusals. Nevertheless, du- 
 ring the conference, which lasted four hours, the several 
 poii.ts at issue between the government and the in.'fur- 
 gents were distinctly raised, and discussed fully, intelli- 
 gently, and in an amicable spirit. What the insurgent 
 party seemed chiefly to favor was a postponement of the 
 question of separation, upon which the %var is waged, and 
 a mutual direction of efforts of the government, aa well as 
 those of the insurgents, to some extrinsic policy or scheme 
 for a season, during which passions might be expected to 
 subside, and the armies be reduced, and trade and inti r- 
 course between the jieople of both sections resumed. It 
 w<as suggested by them that through such postponement 
 we might now have immediate peace, with some no: very 
 certain prospect of an ultimate satisfactory adjustment of 
 political relations between this government and the States, 
 section, or people now engaged in conflict with it. 
 
 This suggestion, though deliberately considered, was 
 nevertheless regarded by the President as one of armis- 
 tice or truce, and he announced that we can agiee to no 
 cessation or suspension of hostilities, except cm the basis 
 of the disbandmentof the insurgent forces, and the resto- 
 ration of the national authority throughout all the States 
 in the Union. Collaterally, and in subordination to the 
 proposition which was thus announced, the anti-.slavery 
 policy of the United States was revieweil in all its bear- 
 ings, and the President announced that he must not be 
 expected to depart from the positions he had heretofore as- 
 sumed in his proclamation of emancipation and other doc- 
 uments, as these positions were reiterated in his last an- 
 nual message. It was further declared by the President 
 that the complete restoration of the national authoi-ily 
 everywhere was an indispensable condition of any assent 
 on our part to whatever form of peace might be jnoposod. 
 The President assured the other party that, while he 
 must adhere to thi se positions, he would bo prep i red, so 
 far as power is lodged with the Executive, to exercise liber- 
 erality. His jtower, however, is limited by the Ctmstitntion ; 
 and wlien peace should bo made. Congress must necessarily 
 act iu regard to appropriations of money and to the admission 
 of representatives from the insurrectionary Stales. Tlie 
 Richmond party were then informed that Congress had, on 
 the 31st ultimo, adopted by a constitutional majority a joint 
 resolution submitting to the several States the proposition 
 to abolish slavery throughout the Union, and that there is 
 every reason to expect that it will be soon accepted by 
 three-fourths of the States, so as to become a jjart of the 
 national organic law. 
 
 The conference came to an end bj' mutual ac<)uiesence, 
 without producing an agreement of views upon the sevt-ral 
 matters discussed, or any of i hem. Nevertheless, it is Jjer- 
 liaps of some inip(utance that we have been able to submit 
 our opinions and views directly to prominent insurgents, 
 and to hear them in answer in a coiuteous and not un- 
 friendly manner. 
 
 i am, sir, your obedient servant, 
 
 WILLIAM H. SEWARa 
 
APPENDIX. 
 
 571 
 
 DAVIS'S ACCOUNT OF THE CONFERENCE. 
 
 T<i Vie Smate and House of Representatives of (he Confed- 
 erate ,Stutes nf America: 
 
 Having recently received a written notification which 
 satisfied me that the President of the United States was 
 disposed to confer informally with unofiBcial agents which 
 might he sent hy me, with a view to the restoration of 
 peace, I requested the Hon. Alexander H. Stephens, the 
 Hon. R. M. T. Hunter, and the Hon. John A. Campbell 
 to proceed through our lines and to hold conference with 
 Mr. Linculn,or any one he might depute to represent him. 
 I herewith transmit, for the information of Congress, the 
 report of the eminent citizens above named, showing that 
 t!ie enemy refused to enter into negotiations with the Con- 
 federate States, or anyone of them separately, or to give 
 to our people any other terms or guaranties tlian those 
 wiiich tlie conqueror may grant, or to permit us to h.ave 
 peaceoii anyoiher basis than our unconditional submission 
 to their rule, coupled with the acceptance of their recent 
 legislation on the subject of the relations between the white 
 ami black population of each Slat . Such is, as I uuder- 
 8 and, the efl'ect of the amendment to the Constitution 
 whi.li has been adopted by the Congress of the United 
 States. JElj'FKUSON DAVIS. 
 
 Executive Office, Richmond, Feb. 6, 1S65. 
 
 Richmond, Va., Feh. 5, 1865. 
 To the President of the Confederate States : 
 
 Sib: Under your letter of appointment of the 2Sth iilt , 
 we proceeded to seek an " informal conference" with 
 Al'raham Lincoln, President of the United Staes, upon the 
 subject mentioned in the letter. The conference was 
 granted, and took place on the 3d instant, ou board of a 
 steamer in Hamilton Roads, where wo met President Lin- 
 coln and the Hon. Mr. Sewiird, Secn^tary of State of the 
 United States. It continued for several hours, and was 
 both full and explicit. 
 
 We learned from them tliat the message of President 
 Lincoln to the Congress of the United States in December 
 la?t explains clearly and distinctly bis sentiments as to the 
 terms, conditions, and method of proceeding by which 
 peace can be secured to the people, and we were not in- 
 formed that they would be moditied or altered to obtain 
 that end. We understand from him that no terms or pro- 
 posals of any treaty or agreement looking to an ultimate 
 settlement would be entertained or made by him with the 
 Confederate States, because that would be a recognition of 
 their existence as a separate power, which, under no cir- 
 cumstances, would be done ; and for like reason.s that no 
 such terms would be entertained by him from the States 
 Sep. irately ; that no extended truce or armistice (as at pres- 
 ent advised; would be granted, without a satisfactory as- 
 surance in .advance of a complete restoration of the author- 
 ity of the United States over all places within the States 
 ol the Confederacy. 
 
 Tl]at«»vhatever consequence may follow from the re- 
 estalili^limentof that authority must be accepted; butthat 
 individuals tubject to pains and penalties under the Laws 
 of th" United States might rely upon a very liberal use of 
 tile in>we{ confided to him to remit those pains and penal- 
 ties if peace be restored. 
 
 Durini; the conference the proposed amendment to the 
 Constitution of the United States, adopted by Congress on 
 the 31st Ultimo, was brought to our notice. This amend- 
 ment declares that neitiier slavery nor involuntary servi- 
 tude, except for crimes, should exist within the United 
 States, or any place within their jurisdiction, and that Con- 
 gi-ess should have power to enforce this amendment by ap- 
 propri.ite legislation.* 
 
 Of all the correspondence that preceded the conference 
 
 heroin mentioned, and leading to the same, you have here- 
 tofore been informed. 
 
 Very respectfully, your obedient servants, 
 
 ALKX. H. STEPHENS, 
 R. M. T. HUNTER, 
 JOHN A. CAJH'RELL.f 
 
 DAVIS AND THE RICHMOND ADMINISTRATION ON 
 PEACE. 
 
 February 6 — A pub'ic meeting was held in 
 Richmond, to respond to the terms of peace 
 ofl' red by Davis. Rev. Dr. Burrows, of the Bap- 
 tist Church, made an op-^ning prayer. Gover- 
 nor Smith spoke, followed by Juffer.son Davis, 
 whose ppoech is thus reported in the Ri-hmond 
 Dispatch of the 7th : 
 
 Upon the subject of the recent Peace Commission, Presi- 
 dent Davis said th.at for himself he had never entertained 
 much hope of effecting honorable terms so long as our cause 
 was meeting with reverses; but under the circumstances, 
 wheiisemi-oJjcial representation had so frequently visited 
 our government, intimating that negotiations might result 
 in a satisfactory adjustment of our difficulties, when it was 
 plain that the sufferings of the people dictated that every 
 eftort on ins part should be made to bring about a cess.i- 
 tioii of hostilities, he felt it his duty, as he had always done, 
 to appoint those whom he- regarded as among the best men 
 wu had, who were most calculated to heal the existing 
 broa(;l» which severed us, and obtain that independence for 
 tho Coufedoracy from the Federal government which no 
 other power ou the face of earth but Yankees would 
 think of denying. As to conditions of peace, President 
 Davis emidiatically asserted that none save the indeiiend- 
 enco uf the Confedeiaoy could ever receive his sanction. 
 Ho had embarked in tho cause with a full knowledge of 
 the tremendous odds against us. Rut with the api)roval 
 of a just Providence, which he conscientiously believed 
 was on our side, and a united resolve of our people, 
 ho doubted not that victory wouM yet crown our la- 
 bors. In his correspondence with Mr. Lincoln, that func- 
 tionary had .always spoken of tho United States and Con- 
 federacy as our afflicted country; but in his replies ho 
 — tho speaker — had never failed to refer to them as separate 
 
 * Letter from General Grant in 1S62, on reconstruction : 
 ViCKSiiUKcj, Mississippi, 
 
 August 30, 1S62. 
 Hon. E. B. VTashburne : 
 
 Dear Sir : ♦ * * The people of the North 
 need not quarrel over tho institution of slavery. What 
 Vice President Stephens acknowledges the corner-stone of 
 the Confederacy is already knocked out. Slavery is already 
 dead and cannot be resurrected. It would take a standing 
 army to maintain slavery in the South, if we were to make 
 peace to-day, guaranteeing to the South all thoir former 
 constitutional privileges. I never wjis an abolitionist ; not 
 e\en ulut khiUI bo called anti-slavery; but I try to judge 
 fairly and licuostly, and it became pa'tent to my mind early 
 in the rebellion, that the North and South could never live 
 at i>eace with each other except as ono nation, and that 
 without slavery. As anxious as I am to see peace estal)- 
 lished, I would not, therefore, be willing to see any settle- 
 ment until this question is forever settled. 
 Your sincere friend, 
 
 U. S. GRANT. 
 
 f Intercepted letter of John A. Campbell : 
 
 Confederate States of America., 
 "War Depart.mext, Richmond, A'a., 
 
 Septaab, r 13, 1864. 
 
 Dear Sir: Tour letter of the 31st ultima, was received 
 to-day. Yuur ai)i)ointnient has been made, and the com- 
 mission sent to Madi-ion, Georgia. It is difficult to form 
 any opinion as to prospects betore us. It is very apparent 
 that the people in both sections of the late Union earnestly 
 desiro peace, and that tho principal difficulty lies in the 
 settlement of the terms. The sentiment of the Northern 
 people in favor of a restoration of the Union I1.13 been con- 
 stantly glowing, especially among the better classes of the 
 population. They have discovered that alone they will be 
 the victims of a turbulent Democracy, who have no control 
 over themselves and will exact no responsibility from their 
 leaders as rulers. They are not willing to rely upon their 
 own capacity to govern themselves. With Union this class 
 would make peace on any terms and would modify their Con- 
 stitution to luiet our views. But this is not the governing 
 cla.is at the North, and I do not see that any modification 
 cf their Constitution can be made, nor how any guaranties 
 can be given. Any peace on the terms of Union will have 
 to be made on the terms of their present Union. No ad- 
 ministration at the North can offer more or could fulfill 
 any agreement to do more. Tho issue, therefore, that is 
 presented to us, is a return to tho conditions of IStiO, or in- 
 dependence. In my judgment all discussion of tho ques- 
 tion in any other form is a useless, if not a pernicious dis- 
 cussion, i do not think that any considerable party at tho 
 North is prepared to adopt the alternativo wo propose, and 
 no cunsidrrablo party at the South is prepared to adopt the 
 alternative proposed by our enemies I am not. there- 
 fore, yet hopeful of peace. But events seem to be hasten- 
 ing onward towards a termination of the war, and in tho 
 termination of the war, a solution of the terms of a settle- 
 ment must take place. I do not venture to predict what 
 that setllement will lie. A civil commotion at the North — 
 defeats of our armies — defeats of the Northern armies will 
 aflect these. None can decide when any of these events 
 may occur. I fear that my answer will not bo very satis- 
 factory. But I cannot reduce the question of peace to the 
 category of the "How." 
 
 Respectfully yours, 
 
 J. A. CAMPBELL. 
 Mr. Joel A. Bellups. 
 
572 
 
 APPENDIX. 
 
 and distinct governments, and sooner than we should ever 
 be uniteil ii!;;iin he would be villing to yield up everything 
 he had on earth, and if it were possible would bacrilice a 
 thousand lives before he would succumb. 
 
 He concluded by exhorting those at home who are able to 
 bear arms to unite with those already in the army in re- 
 pelling the foe, believing that thereby we would comptl 
 the Yankees in less than twelve months to petition us lor 
 peace upon our own terms. 
 
 Tliese resolutions were adopted: 
 
 Wliereas, The Commonwealth of Virginia, in concert with 
 other American States, did, in the year 1776, solemnly set 
 forth that when any form of government becomes des- 
 tructive of the happiness or dangerous to the liberties of 
 the people, it is the right and the duty of the people to 
 alter or abolish it, in pursuance whereof they did de- 
 clare themselves independent States; and whereas, her 
 separate independence, and that of the co-acting States, was 
 afterwards acknowledged by the world; and whereas, Vir- 
 ginia did subsequently form with other States a common 
 Government or agency for the management of their foreign 
 affairs and other specified general purposes, which said com- 
 mon Government or agency, received no other or further 
 recognition by foreign powers than as representatives of 
 the several Stiite sovereignties already recognized; and 
 whereas, Virginia, in entering into this association of fede- 
 ration, did c.\pressly reserve for herself, and therefore for 
 her co-States, co-States' rights which attached to the act it- 
 self of resuming the powers whensoever thesame might be 
 perverted to their injury or oppression ; and whereas, the 
 CommouwealtUof Virginia did in sovereign convention, in 
 Aiiril, 1S61, decide and determine that circumstances had 
 arrived which made it her imperative duty, as it wns her 
 indisputable right, to withdraw from the associatioo known 
 as the United States of America, and resume her separate 
 sovereignty ; and whereas, this legitimate act has been fol- 
 luwed by an atrocious war upon her and upon the States 
 with which she subsequently formed a new confederation, by 
 the States from which she and thoy withdrew, for the pur- 
 pose of subjecting her and them to the absolute and tyran- 
 nical domination of the United States; and whereas, after 
 four years of hostilities, conducted on the part of our en- 
 emies with a barbarity equalled only by the wickedness of 
 their designs, their authorities did invite a conference with 
 a view to the establishment of peace, which invitation wiis 
 responded to by the Confederate authorities ; and ivhereas, 
 it appears from the report of the Confederate Commission- 
 ers to said ct)nterence that it was declared in the part of 
 our enemy that nothing shimld terminate the existing war 
 hut oar uiicoiidilional, submission to their yoke, and the ac- 
 knowledgment of their absolute authority; that their laws 
 for the confiscation of our property and execution of our 
 citizens should be enforced by the judges and other officers 
 whom they would appoint for that purpose; that the only 
 palliation of our wretchedness should be the voluntary 
 mercy of those who for four years have murdered our peo- 
 ple and ravaged our homes ; that our social system shall 
 be immediately upturned and hereafter regulated at their 
 will; that the uniform which our soldiers have made so 
 honorable must be stripped from their persons, and the 
 flag under which ihey have so often marched to victory 
 must be trailed in the dust and thrown away forever ; there- 
 fore be it 
 
 liesolved, That we, the citizens here assembled, do 
 spurn with the indignation due to so gross an insult, 
 the terms on which the President of the United States 
 has proffered peace to the people of the Confederate 
 States. 
 
 Resolved, That the circumstances under which that 
 proffer has been made add to the outrage, and stamp it 
 as a designed and premeditated indignity to our people. 
 
 liesolved, That our profoundest gratitude is due to the 
 soldiers who for four years have maintained our liberties 
 against the utmost efforts of our enemies, and that while 
 we look to them to illustrate in future feats of the past, we 
 will sustain their efforts by every means and resource at 
 our command. 
 
 liesolved. That in His presence, and in the face of the 
 world, reverently invoking thereto the aid of Almighty 
 God, we renew our resolve to maintain our liberties and 
 independence ; and to this we mutually pledge our lives, 
 our fortunes, and our sacred honor. 
 
 February 9 — A war meeting was held in 
 Richmond, at which R. M. T. Hunter presid- 
 ed. Secretary Benjamin, Hugh W. Sheffey, and 
 others spoke. The following resolutions were 
 adopted : 
 
 Whereas, While the existing war between the United 
 States and the Confederate States has been and still is a war 
 of conquest on the part of the former, it has been waged 
 
 by the latter in defence of life, liberty, and property, 
 and to secure the right of self-government for the people; 
 and 
 
 Whereas, The President of the United States has re- 
 cenliy dec'ared that there is no government or authority, 
 either Slate or Confederate, within the Contederate States, 
 with wliicli h'- can make any terms, and that there can be 
 no peace until the Coi federate States shall lay down their 
 arms and submit to tiie authority of the Government of 
 the united States, and accrpt the laws of the same, some 
 of whicli tlireateu our people with all that is degrading in 
 subjugation, and all that is cruel in conquest; now, there- 
 fore, be it 
 
 Ji'esoh-ed, First, That the events which have occurred 
 during the progress of the war have but confirmed ourorigi- 
 nal determination to strike fof our independence, and that, 
 with the blessing of God, we will never lay down our arms 
 until it shall have been W(m. [Wild and long continued 
 cheering followed the re,ad'ing of this resolution.] 
 
 SreniuHi/, That as we believe our resources to be suffi- 
 cient for the purpose, we do not doubt that we shall con- 
 duct the w.ar successfully, and to that issue, and we hereby 
 invoke the people, in the name of the holiest of all causes, 
 to spare neither their blood nor their treasure in its mainte- 
 nance and support. 
 
 Thirdli/, That we tender our thanks to our soldiers in 
 the field for their noble elforts in behalf of the country, its 
 rights and its liberties, and take this occasion to assure "them 
 that no ctTort of ours shall be spared to assist them in 
 maintaining the great cause to which we hereby devote 
 ourselves and our all. 
 
 COliKESPONDENCE OF GENS. LEE AND GRANT, ON A 
 MILITARY CONVENTION. 
 
 Richmond, Va., March 13, 1865, 
 To the Senate and Souse of Mepresentatives : 
 
 I herewith transmit for your information copies of the 
 correspondence referred to in my message of this <iate, in 
 regard to the proposed conference to adjust terms of peace 
 bymeans of a military convention. 
 
 JEFFERSON DAVIS. 
 Headquarters C. S. Armies, March 2, 1865. 
 Lieut. Gen.U. S. Grant, 
 
 Commandini/ United States Armies: 
 
 General: Lieut. Gen. Longstreet has informed me that, 
 in a recent conversai-ion between himself and Maj. (ien. 
 Ord, as to the possibility of arrivinar at a satisfactory ad- 
 justment of the present unhappy difficulties by means of a 
 military convention, Gen. Ord stated that if I desired to 
 hive an interview with you on the subject, you would not 
 decline, provided I had authority to act. Sincerely desir- 
 ing to leave nothing untried which may put an end to the 
 calamities of war, I propose to meet you at such convenient 
 time and place as you may designate, with the hope that, 
 upon an inti'rchange of views, it may be found practicable 
 to submit the subjects of controversy between the bellig- 
 erents to a convention of the kind mentioned. 
 
 In such event, I am authorized to do whatever the result 
 of the proposed interview may render necessary or advisa- 
 ble. Should you accede to this proposition, I would sug- 
 gest that, if agreeable to you, we meet at the place selected 
 by Gi-ns. Ord and Longstreet for the interview, at 11 A. .M. 
 on Monday next. 
 
 Very respectfully your obedient servant, 
 
 R. E. LEE, General 
 Headquarters Armies U. S., March 4, 1865. 
 Gen. R. E. Lee, 
 
 Commanding C. S. Armies: 
 
 General: Your two letters of the 2d instant were re- 
 ceived yesterday. In regard to any apprehended misun- 
 derstanding in reference to the exchange of political pris- 
 oners, 1 think there need be none. Gen. Ord or Gen. Long- 
 street has probably misunderstood what I said to the former 
 on the subject, or I may have failed to make myself un- 
 derstood, possibly. A few days before the interview be^ 
 tween Generals Longstreet and Ord, I had received a des- 
 patch from t>en. IIolTman, Commissary General of Pris- 
 oners, stating in substance that all prisoners of war who 
 were or had been in close confinement or irons, whether 
 under charges or sentences, had been ordered to City Point 
 for exchange. I forwarded the substance of that despatch 
 to Lieut. Col. Mulf ird, Assistant Agent of Exchange, and 
 presumed it probable that he had communicated it to Col. 
 llohert Ould. A day or two after, an offender, who was 
 neither a prisoner of war nor a political prisoner, was ex- 
 ecuted, after a fair and impartial trial, and in accordance 
 with the laws of war and the usage of civilized nations. 
 It was in explanation of this chiss of cases I told Gen. Ord 
 to speak to Gen. Longstreet. 
 
 Reference to my letter of February 16 will show my un- 
 derstanding on the suliject of releasing political or citizen 
 prisoners. 
 j In regard to meeting you on the 6th inst., I would state 
 
APPENDIX. 
 
 573 
 
 that I hive no authority to accede to your proposition for 
 a iniiteiinee on the subject propuseii. Siicli iiuthority is 
 vested in tlie Presi.leiit of the Liiiileil States iiloue. 
 
 Gen. Oi\\ could imly have meiuit tliat I would not refuse 
 an interview on any suljject on whicli 1 h:ive a riglit to act ; 
 will. h. of course, would be such as are purely of a military 
 charucte]-. and on the subject of exchange, which has heen 
 euinioteii to lue. 
 
 Ilia\e the honor to be, very respectfully, your ohcdient 
 servant, U S. UKANT, Lieut. Gm. 
 
 RiciiMOD, Va., Feb. 28. 
 Gen. K. E. Lee, Commanding, dc. : 
 
 Genki-.m,: You will learn by the letter of Gen. Longstreet 
 the result of his second interview with Gen. Ord. The 
 poiut-i as to whether yourself or Gen. Grant should invite 
 the other to a conference is not worth discussing. If you 
 think the statements of Gen. Ord render it probably useful 
 that the conference suggested should be had, you will pro- 
 ceed as you may prefer, and are clothed with all the sup- 
 plemental authority you may need in tlie consideration of 
 any proposition for a military convention, or the appoint- 
 ment of a commissioner to enter into such an anau'^rement 
 aa will cause at least temporary suspension of hostilities. 
 Very truly, yours, 
 
 .TElTEliSON DAVIS. 
 
 RESOLUTION ON CONSTITUTIONAL POWERS. 
 
 18G5, February 6 — Mr. Edgeut ^n submitted 
 the folluwiug resolution, and demanded the 
 previous question on its adoption : 
 
 Whereas the Daili/ Morninfi Chronicle, of this city, the 
 reputed political organof the President, in recent editorials 
 upon the snl^ect of negotiations for peace, has referred to 
 the President of the United States a-s having gono "in his 
 sovereign capacity" to treat with the commissioners from 
 Richmond, and has further descrihed the President as • the 
 sovereign head of the greatest Government on earth:" and 
 whereas the supreme court of the liistrict of (. olumbia- 
 has, by a late solemn adjudication, ati3rmed prin(i|)les as 
 the law of the land which recognized arbitrary dictatorial 
 powers in the President, not only as to milirary lait lus to 
 civil ofT'iiders, wliich are subversive of civil liberty and of 
 the public welfare: therefore, 
 
 Rpsohul, (as the judgment of this IIowsc.) That the 
 President of the United States is in no consututional sense 
 the wi)vereii;n thereof, but that all his govei-niiioiit..l pow. rs 
 are derived from the Constitution and conslitulioual laws 
 of the UrJtid States, and are limited bytlieiu; and this 
 House sine oely deprecate all polit cal teachings and ju- 
 dicial decisiuiW having a tendency to exalt the I'resiilent 
 above the ConsH;ution and laws, or to 'clothe liiiu with 
 attributes unknown to them, or to derogate Iroiii the 
 powers of Congress; and they altirm tli.it tli" piincipb' 
 that the people are sovereign, and that all d ij.ut.neuts f 
 the Government are their agents or ser\ants, and sli ul 1 
 be kejit in strict subordination to the Constitmionand l.iws, 
 is essential to tUe permanence of republican guverumeut 
 and to civil liberty. 
 
 Mr. Baldwin (of Mass.) proposing to debate 
 it, the resolution went over. 
 
 propositions for "peace." 
 
 IN SENATE. 
 
 18G4, December 12 — Mr. Garrett Davis 
 offered this resolution, which was ordered to 
 be printed : 
 
 Joint resolution for the restoration of peace and the Union, 
 the viuilicution of the Constitution, and theconstrnctiou 
 of additional and adeijuate guaranties of iho rights and 
 liberties of the people cl the United St^ite.s. 
 liesotv'd by the Senate and Himse of Representatives of 
 the Ifnit'd fitat.s of Am.rica in Coiiffre^s a.-isemUfd, That "a 
 convention of all the States is the most appropriate agency 
 by which to bring about the restoration of peace and the 
 Union, the vindication of the Con.>titiit ion, and the construc- 
 tion (it I'liditional and adequate guar.iniies ol the lights 
 and liberties of the people of the United Stale-; and to pro- 
 niotn tliisc ureal ends, such a convention .should be lield, 
 and should consider the Ibllowing propositions as the basis 
 of a lasting settlement of all ditficulties between the bel- 
 ligerent States and people, and as amendments of the Con- 
 stitution of the United States: 
 
 First. The States of Maine, New Hampshire, and Ver- 
 mont to be formed into one t>tati'; tlir Stati's ipf Massachu- 
 setts, Connecticut, and Rhode Inland to be formed into one 
 State ; and the Suites of JLuylaiid, Hel.iw.iro, ami the East- 
 ern shore of Virginia to be formed into one State. Rut 
 Xikia consolidation of States to be for tedoral and national 
 
 purposes only, unless the respective States to be formed 
 into one shill otiierwise deterniine. 
 
 Second. The President and the Vice Presidont to be ta- 
 ken alternately from the fiee and slave States, and for 
 the term of lour years ; but both not to be at the same 
 time citizens of the free or slave states. No person who 
 niav have filled the office of President ever again to be eli- 
 gible to it. 
 
 Third. The President and Vice President to be chosen ia 
 this manner : In the iiiotith of January ne,\t before the ex- 
 jiiration of the presidential term for the time being, each 
 State to select one of it- own citizens, who shall be a native- 
 born citizen of the United States, for the presidency or the 
 vice presidency, the ensuing term, as such State may bo a 
 free or a slave State, and as the free or slave States miy be 
 entitled to the presidency or the vice presidency ; and shall 
 certify under the se 1 of State, by the governor thereof, to 
 each house of Congress and to the Supreme Court of t ie 
 United States, severally, the name of such citizen, and 
 for which olhce he litis been selected ; and the two houses 
 of Congress shall convene in the hall of the House the 
 first Monday of February ensuing, and request the attend- 
 ance of the Supreme Court, and when it shall he prc-ent, 
 the certificates of the names of all the persons for the presi- 
 dency that have been re^ eived shall be opened, and from 
 those certifieil iis herein directed the Supreme Court .shall, 
 in the presence of the two houses of Congress, choose a 
 President, and then a Vice President, from the names so 
 certified for that office. Whenever the office of President 
 shall become vacant during the term, it shall devolve on 
 the Vice President; and when the vice presidency so be- 
 comes vacant, the Senate shall, from its own body, and 
 from the senators representing the free or the slave States, 
 as they may dift'er on thi- point trom the incumbent of the 
 P'-esidericy, select a Vice President, t j continue in office for 
 the occasion; and thereupon the setit of the senator thus 
 becoming Vice President shall be vacint. No justice of 
 the Supreme Court to be eligiule to any other office what- 
 ever. 
 
 Fourth. The President to have the power to remove from 
 office the head of tho Department of State; of the Treasu- 
 ry, War, Navy, and Interior Departments; the Attorney 
 General; all diplomatic officers, whether of the grade of 
 embassadors, commiosioners, or charge d'affaires, and sec- 
 retaries of legation. All other officers, except thosi- hold- 
 ing office during good beliaivior, whom the President is re- 
 quired to nominate to the Senate, he may suspend from 
 their offices; but in making such susp"nsion3 he shall re- 
 port each case, with the cause thereof, to the Senate, if it 
 be in session, Midif not, at its next session. In all cases 
 whi.'re the Senate shall concur with the President, the sus- 
 pension shall becoini!aii absolute removal; but as to those 
 in which it does uoi courur before the end of the ssssion to 
 which tiie President is required to report them, the officers 
 shall then, ipso facto, be reinstated in their respective of- 
 lices. Th- President also to have power to remove all 
 other civil officers, appointed I)y executive power, for in- 
 competency to di.scliari;e their duties ; for want of fidelity 
 to the Constitution and laws of tho United States, ot for 
 gross and habitual immorality; but to each officer thus re- 
 moved he shall cause to be delivered a written statement 
 of the cause of his removal, the truth and sufficiency of 
 which the officer may try in the United St^ites court held 
 in the district in which he may have heen performing his 
 duties, on -writ of quo warranto sued out against his suc- 
 cessor in office an i a judgment theteon in his favor to have 
 the etfect to restore him to otlice. 
 
 Fifth. The absolute right, at all times, and under all con- 
 ditions, of the people to tho writ of halieas corpus, and to 
 trial by jury 'in the mode prescribed by the Constitution, for 
 capital or other offences, being indispensable to seciue to 
 them personal liberty, the freedom of religious opinion and 
 worship, and the sanctity of church edifices, the freedom 
 of speech and the press, and the right of the people at their 
 elections to vote for those whom they prefer, without con- 
 straint, intimid.ition, andin faithful conformity to the laws, 
 and nnd^r tlie c.\< lusive direction of the proper officers of 
 suih elections : their right peaceably to assemble and freely 
 to discu.ss and pronounce their opinions on all public meas- 
 ures, and th'' conduct of public otncers ; and to purchiise 
 and keep arms and niuiiitions for their own defence ; the ex- 
 emption of all persoiis not in the militiU-y or naval service 
 of the United States, or in the militia when in actual ser- 
 vice in time of war or public danger, from military arrest, 
 except when they are within tho actual lines of some corps 
 in time of war ur public danger, and when arrested under 
 such circumstances to be at once handed over to the proper 
 civil authorities; and the absolute immunity of such per- 
 sons from trial orexaniiiiation,undcr martial ormilitary law, 
 by military tribunals id aiiv kind, or bv any otiu-r l.iw or 
 courts than Un; civil iontiM-distiii,4uished fioiii the military; 
 and of their persons, houses, papers, and effects from search- 
 es and sei/iiies, without w.irr.uit or ollur proci^ss of law ; 
 the military power uever to be brought iutocouUict with the 
 
574 
 
 APPENDIX. 
 
 civil authorities, hnt'in all timog -where it is necessary and ! 
 proper, to be cmplojecl t<i uplioM tlie civil law anil courts. 
 Tin- Constitution and laws of tlie United St^ites made in 
 pursiiance of it, being the supreme law of the land, and 
 continuously and uinlcr all circumstances of nuimpaired 
 validity, no otliir law or authority can have any efi'ect to 
 nullify, suspend, or limit their <ipc'ration. And all acts of 
 Congress not authorized by the Constitution, and all edicts 
 and proclamations of the President, or orders of any mili- 
 tary officer, in derogation of the Constitution or laws, being 
 utterly null and void, the President having rio power what- 
 ever that is not conferred by iin express provision of the 
 Constitution, or by some law of Congress passed in piirsu- 
 ance of it. And tlie only localities and conditions in which 
 the Constitution, laws, and courts of the United States can 
 be suspended, being when a portion of the country is occu- 
 pied by a dominating hostile army; and as its rule is remove!, 
 thrirs being resumed, the right of the people to all the 
 sources of information, by the purchase of and transmission 
 to them of allbooks, newspapers, and so forth, without any 
 obstruction, and to free trade and commerce with their fel- 
 low-citizens of all the States, except so far as restricted by 
 law. The personal rights, privileges, and liberties here set 
 forth being the inheritance of the people of the United 
 States, and the chief and inestimable fruits of human gov- 
 ernment, they shall always be held to be inviolable, and 
 their infraction to be both agricvonsprivate wrong to every 
 periion thereby injured, and also a public crime; andall per- 
 sons who maj' commit it to become infamous, and to be fur- 
 ther punished bv laws ti5 be passed for that purpose, with- 
 out pardon or commutation. 
 
 Sixth. Each State to have the exclusive right and power 
 to declare and establish, within its own limits, every sub- 
 ject of property and its local and domestic institutions, and 
 to make all laws and regulations concerning them. 
 
 Seventh. Private property not to be ttiken for the United 
 States, except to subserve some operation of the federal 
 government authorized by the Constitution, and not until 
 full and f.dr compensation shall have been made to its 
 owner, or secured to him in a mode to be provided by law. 
 Eighth. No military nece.ssity ever to originate or confer 
 any power whatever, except with and for armed forces in 
 the field or in garrison, and within th<'ir present actual 
 lines, to supply the ordinary and necessary military wants 
 of each force essential to the public service, immediate or 
 impending, and so urgent as not to allow the delay which 
 would be required for the action ol the civil authority; and 
 all power created or authorized by any military necc=?ity 
 to be exercised exclusively by tlie officer present and in 
 the actual command of the force in which and where it 
 arises. The United States to be bound to make full indem- 
 nity for the dani.-igo sustained by all iiersons from any acts 
 done by any of its military officers under a real or supposed 
 military necessity, and (ho officer to be also responsible to 
 all pi'rsous injured by his abuse of power. 
 
 Ninth. No negro, "or person whoso mother or grand- 
 mother is or was a negro, to bo a citizen of the United 
 States. 
 
 Tenth. The enumeration in this proposition of certain 
 rights and liberties of the people, and powers of the States, 
 and of denials, restrictions, and limit;iWous of powers to 
 the United States, the fcitral government or its officers, 
 not to be held to deny, or disparage any of the other rights 
 and liberties of the people or powers of the States ; and as 
 to the United State.?, the federal government or any of its 
 offic'Ts to confer or enlarge any power whatever. 
 
 Kli'vpiith. In giving construction to the Constitution, 
 tliis nile shall bo inflexibly adhered to. All rights, liber- 
 ties, or privileges assured by it to the people, or powers 
 reserved to the States; and all denials, restrictions, or lim- 
 itations of power to the United States, the federal govern- 
 ment, or any of its officers, provided for by its particular, 
 or express language, not to bo abrogated, impaired, or in 
 any way affected, by any of its general language or pro- 
 visions, or by any implication resulting from it, or by any 
 other law or laws whatsoever. 
 
 IN IIOU. E OF REPRESENTATIVES. 
 1865, Janu ;ry 16 — Mr. Cox offered the follow- 
 ing resolution : 
 
 Whereas the country hails with manifestations of patri- 
 otic joy and congratulation the victories recently achieved 
 by om- "brave armies; and whereas "the recognized object 
 of war, at least among civilized and Christian nations, is an 
 honorable and satisfactory peace ; and that although we 
 do not know that the insurgents are yet prepared to agree 
 to any terms of pacification' that our Government would or 
 should deem acceptalile. yet as there can be no possible 
 harm resulting from ascertaining juocisMly what they are 
 ready to do, and in order toreliite the imputation that the 
 Administnilion (-ontemplates with satisfaction a continu- 
 ance of hostilities for their own sake, on any ground of 
 mere punctilio, or for any reason thau because it is com- 
 
 pelled by an absorbing regard for the very end of its exist* 
 enci-;" and whereas "an establislied and rightly consti- 
 tuted Government,'' combating armed and menacing rebel- 
 lion, should strain every nerve to overcome at the earliest 
 moment the resistance it encounters, and should not 
 merely welcome, but seek satisfactory (however informal) 
 assurances that its end has been attained :" Therefore, 
 
 Resolved, That now, in this hour of victory, which is the 
 hour of magnanimity, it is eminently the duty of the Presi- 
 dent, ou the basis of the present " rightfully constituted 
 Government,'' either to send or receive commisfiontrs or 
 agents with a view to national pacification and tranquillity, 
 or by some other rational means known to civilized or 
 Christian nations, secure the cessation of hostilities and the 
 Union of the States. 
 
 Which was laid on the table — yeas 84, nays 
 51, as follows: 
 
 Yk.^s — Messrs. Alloy, Allison, Ames, Anderson, Arnold, 
 Ashley, Hail;/, J,. hn" D. Baldwin, Baxter, Beaman, Bout- 
 well, Boyd, Druudegee, Broomall, Ambrose ■V^^ Clark, Free- 
 man Clarke, Cobb, Cole, Henry 'Winter Davis, Thomas T. 
 Davis, Dawes, Demiug, Dixon, Donnelly, Eckley, Eliot, 
 Fraiik, (oulicld, Gooch, GiinncU, Oriswold, Iligbv, Uooper, 
 Asahel W. llubbird, John II. Uubbard, Ingersoll. Jenckes, 
 Julian, Kus.scpii, Kelley, Francis \V. Kellogg, Knox, Little- 
 joliii. Loan. Longyear, Marvin, McClurg, Mclndoe, Samuel 
 F. Miller, Morrill, Daniel Morris, Amos Myers, Leoniird 
 Myers, Norton. Orth, Patterson, Perham, Pike, Price, Wil- 
 liam II. Randall. Alexander Il.Uice, John U. Rice, Edward 
 II. Rollins, Sclienck, Scofield, Sloan, Smith, Smithers, 
 Spalding, Starr, Stevens, Thayer, Thomas, Ufson, Tan 
 Valkenburgh,Elli!iuB. Washburne, William B. Washburn, 
 Web,-.ter, \Vi<eeler, Williams, Wilder, Wilson, Windom, 
 Worthington— Si. 
 
 N.vYs — Messrs. Ancona, Augustus C. Baldwin, Bliss, 
 Brooks, James S. Brown, Chunler, Coffroth, Cox, Cravens, 
 Dtnison, Edcyi, Edycrlon, Eldridge, £nglish, Finck, Hale, 
 Hall, Harrington, Charles M HaiTis, Uolinan, ii illiam 
 Johnson, Orlando Kellogg, Keman, King, Law, Lazear, 
 Le Btmid, Long, Mallory, Marcy, McAllister, McDowell, 
 McKinneg, Janics Ii. Morris, Morrison, JS'ohle, Pendleton, 
 Radford, Samuel J. Randall, Rohinson, Rogers, Ross, licott, 
 Jolin B. Steele, Stiles, Townsend, Wadswortli, Chilton A. 
 White, Joseph W. White, Fa-nando Wood, I'eaman — 51. 
 
 Jauiiiuy 31 — Fernando Wood offered the 
 following re olution, which was objected to, and 
 laid over under the rule; and, February 6, was 
 adopted without a division: 
 
 Resolved, That it is the duty of the President to main- 
 tain, in every constitutional and legal manner, the integrity 
 of tlie American Union as formed by the fathers of the 
 Republic, and in no event, and under no circumstances, to 
 profler or accept negotiations which shall admit by the 
 remotest implication the existence of any other federal or 
 confederate government within the territory of the United 
 Stiites. 
 
 February 4 — Mr. Ingersoll oflTere^ the fol- 
 lowinsr resolution, which was laid over, under 
 the rule: 
 
 Whereas it is alleged that informal negotiations are now 
 pending between the United St<ate8 and the so-called Con- 
 federate States with a view to a restoration of peace : 
 Therefore, 
 
 Be it resolved, That it is the deliberate and emphatic 
 opinion of this House that no enduring peace can or should 
 be made which shall ever recognize the traitorous leaders 
 of this rebellion as citizens of the United States, entitled 
 to ecpial rights, privileges an<l immunities v ith the loyal 
 people thereof under the Constitution of the United States. 
 
 F( bruary 6 — Mr Cox offered the following 
 resolution : 
 
 Resohrd, That the President of the United States, in en- 
 deavoring to luscertain the disposition of the insurgents in 
 arms against the authority of the Federal Government, 
 with a view to negotiations for peace and the restoration of 
 the Union, is entitled to the gratitude of a suffering and 
 distracted country; and that with a similar view he lie re- 
 spectfully requested to omit no reasonable exertions here- 
 after Avhich may lead to the desired object, to wit, peace 
 and Union. 
 
 Resolved, That, if not incompatible with the above ob- 
 ject and the public interests, he be requested to communi- 
 cate to this House all infoim.ation leading to and connected 
 with the recent negotiations. 
 
 He afterwards withdrew the second resolu- 
 tion. The House refused to lay the first reso- 
 
APPENDIX. 
 
 575 
 
 lation on the table — yeas 30, nays 108, as fol- 
 lows : 
 
 Yeas — Messrs. Allison. Augustus C. Baldwin, Beaman, 
 Bnimli'gpc, Fiicraau Clarke, llcuiv 'Winter Dav is, Daues, 
 Dris^s. J dg- rtoi,, lli-by. Juliu II. ilubhard, Jenckcs, Wd- 
 liain" Johnson, Julian, Fninci- W. Kellui.'^, Knox, Loan, 
 L ng, Li.inE:ye;ir, Marvin, McClnri-'-, M<inill, Rogers, Sloan, 
 Smitlic'rs, Stevens, Thomas, Upsou, W.<dsw(irth, \\indoni, 
 —30. 
 
 NiiTS — Messrs. James C. Alien. WUHam J. Alkn, AWey, 
 Amos, .Ino/ia.Arnol.l, Ashk'v. John D. I'.al.hvin. liaxt.T, 
 Blair. Klow, Bontw.ll, >...y\. r;....ii. 11. J ,,. • ,v. /; -- -. 
 ^VilliamCr. Crown, - - \. , : i , 
 
 C:tf',o'li, Cos. l-rar. , 1" :, ,- , [i > -, ,. ! 
 
 DLim..nt,I::ckl.'V. /-■'/'■<./; , l.,i..t, I i n-uuMh. /•;.: ..l'v.,i,k. 
 G^iifon. Uailielil, Gouoli, Grinn.il, lial.'. /lull. /A,r.//»,7. 
 H.u-riiigtcn, Benjamin G. H.rri.i, C/m;/-.- .1/. Harris. ILr- 
 riclc. Jfolman, llooper. Asilicl W. llubbanl, llulbunl, 
 Ha'rhi:,-:. 1 n '.ror.so 1 1 , /';<,-7/i) ./-',«,■„„, K.'ll.'V, (hi:. nii.i ICel- 
 ]..-,■ / ;■ / - ./,■ /-■ /;■ .u '. M ■,:■<']■■ M.i, ;, . V K.,i»c'i. 
 M,< . , . -,.: I , ; 1 , ^., ! '. !' , ■ . . -, 1' ■ . .:</, Anius 
 -Vlv. 1 - \ ., N 11-.,. ' ' . I ,;.,i,r- .i-.N ;,l,./ .',.( (''Snll. 
 Oi'ili. i'..U. i,..ii, J.;i...:,..,n. i', ihuui. r.,n/. I'lk., IV.m.'ruv. 
 Price, Pruyn, Willi;. in 11. Kai.ilall, Alc-.^au.ler U. Kice, 
 John U. Rice, Edward II. Rollins, James S. lioUinx, Ross. 
 Sclieuck, Si-oJield, Scoit, Sluinnon. %\K\\iVmz,John IS. Stfdc, 
 S'llrs. S-iOiise, Sweat, Toumsend. Tra. y. Van Valkenbursli, 
 Ward. LlliLuB.Wa.shburne.Milliani B. Wasbbnrn. Wlia- 
 l.v, Williams. Wilder, Wilson, W'iifuld. Fernando Wood, 
 Woodbridge, Worthington, I'tumun— lOS. 
 
 The resolution went over, and was afterwards 
 withdrawn. 
 
 18G5, February 8 — Mr. Townsexd offered the 
 following resolution, which was objected, and 
 was laid over, under the rule : 
 
 Resolved, That we hail with profound emotions of satis- 
 faction the disposition of the Southern people to submit 
 the questions that have so Ion.? drenched oiu' land in blood 
 to the arbitrament of reason rather than the sword ; and 
 we pledge our earnest efforts to sustain all measures look- 
 ing to asettlement that an honorable Government, seek- 
 ing to susUiiu its integrity, can olTer. 
 
 1865, February 13 — Mr. Dawson offered the 
 following resolution : 
 
 Whereas the American people have now been engaged in 
 a civil war of gigantic dimensions for nearly four 3'ears, 
 which has resulted in frightful destruction of life, property, 
 and trea'iure, creating an enormcus public debt, imposing 
 the most oppressive taxes, covering the land with afflic- 
 tion, corrupting the general morals, and putting in peril the 
 liberties of the nation ; and whereas, on the part of the 
 United States and the people of the States which adhere to 
 this government, this is, and ought to be, a war solely to 
 vindicate the Constitution and restore the laws to their just 
 supremacy, and to that we a'-c bound by our oaths and by 
 our solemn pledges made in the face of the world when the 
 war commenced : Therefore, 
 
 Resolved, That the President of the United States be re- 
 quested to use all honorable and just means to bring about 
 a lasting peace and the re-establishment of fraternal rela- 
 tions among all the people by a rest, ration of the Union 
 upon the simple and just basis of the Constitution and laws, 
 with every proper gurantee to the southern States that 
 they shall be protected in the full enjoyment of their 
 rights, and that undisturbed control of their own local af- 
 fairs which the Federal Constitution was intended to se- 
 cure to them and to us. 
 
 Which was laid on the table — yeas 73, nays 
 47, as follows : 
 
 YE.ts — Messrs. Alley, Anderson, Ashley, Baily, John D. 
 Baldwin, Beaman, Blaine, Boutwell, Boyd, Brandegee, 
 Broonuill, Ambrose W. Clark, Freeman Clarke, Cobb, Cole, 
 Dawes, Deming, Dixon, Donnelly, Drigga, Kokley, Eliot, 
 Garfield, llale, Iligby, Hooper, As;ihel W. Ilubbiird, John 
 II. Hubbard, llulburd, In.gersoU, Julian, Kasson, Kelley, 
 Francis W. Kellogg, Orlando Kellogg, Knox, Littlejohn, 
 Lon;rveur, Marvin, McBride, .McClnrg, Mclndoe, Samuel F 
 Miller, M,«jrhe.id, Morrill, Daniel Morris, Amos Mvers, 
 Charles O'N.'ill, Orth, Perliain, Pomeroy. William U. U 
 dall, Alexander II. Rice, Jolin II. Rice, Edward 11. Roll! 
 Schenck, Scofield, Shannon, Smither.*, Thayer, Thomas, 
 Tracy, Upson, Van Valkenburgh, William B. Washburn, 
 Webster, Whalc-y, Williams, Wflder, Wilson, Windoni, 
 Woodbridge, Worthington— 73. 
 
 N.\Y.s — Messrs. James C. Alhn, Ancnna, Bliss, Brool^s, 
 William O. Brown, Chanler, Clay, CotTrotli, Cor, (Yarens. 
 Daw.'^on, Deuisoii, Edgertmi. Eldridge, Finck, Gride.r. JIall, 
 Harding, Vkarlcs M. ilarris, Merrick, Holman, Philip John- 
 
 son. William Johnson, Kan/l^-tsch, King, Za^ear, Le Blond, 
 itaUory, McAllister. .Middlelon, William U. MiUer, Janus R. 
 Morris, Morrison, ^'elscn, John O'Ifcill, PendleAon, Pruyn, 
 James S. J!ollins. Ro.-s, William. G. Steele, Stiles. SIrouse, 
 Sweat, Toumsend, Wadsvjor lit, Joseph W. While, Ymman— 
 47. 
 
 18G5, February l.^ — Mr. Williams offered 
 the fo-lowing res.^lutions : 
 
 Resolved, 1. That there is no power under the Constitu- 
 tion, in any branch of this (iovernment, to treat with the 
 States confederated in rebellion against it, either for the 
 severance of this Union or for the abrogation of anj" article 
 of its lun.lamental law. 
 
 li'csolvrd, 2. Thiit inasmnch as the said confeder.ited 
 Stat, s have taken up arms against the Government of the 
 United States without any just provocation, and for the 
 avoweil purpose of a.'serting and establishing their indepen- 
 dcnci' thereof, and still persist in maintaining that position 
 by armed resistance to its authority: and inasmuch also as 
 tlie public aulliorities of this nation have not only declared, 
 as was their dut.v,'tliat they can accept no terms and enter- 
 tain no prii|iositi.ms for anything short of absolute and 
 unciiiliii !; 1 • ;1 : il i.aitoits laws, and with aclemency 
 andni.i 1 ;! i i t without example in history have 
 proclaim' : ' ! minesty, without limits as to time, 
 
 to such ' ' '.<>rs ns shall return to their duty, 
 
 witht'i j -i, of the chief conspirators: 
 
 It i< li I (0 be the sense of this House that 
 
 this*!' \ : ' , ilnady exhausted all the resources of 
 
 a ju--t a:i 1 ,::, -t ;J^manship — except so far as regards 
 the further earnest and vigorous prosecution of the war 
 for the enforcement of the laws — in the effort to restore 
 peace to this nati n, and has, to this end, done all that a 
 proper regard for its own interests can allow and all that a 
 decent respi.'ct for the opinions of the world could demand 
 of it; and that therefore any further overtures through 
 emb.Tssies, public or private, official or nnofficial. looking 
 to treaty or compromise with the usurpers at Richmond, 
 would be notonly unprofitable, as they would be inconsist- 
 ent with the rights and dignity of this nation, but are to 
 be deprecate las absiilutely mischievous, in giving encour- 
 agement to the insurgents and protracting their resistiince, 
 by exposing us to misconstruction, and giving color to the 
 ilelusion that we mistrust our ability to subdue them to 
 obedience, and are ready to accept something short of the 
 restoration of the Union and the unconditional submissioa 
 of thosa who have rebelled against it. 
 
 Which were laid on the table — yeas 72, nays 
 52, as follows: 
 
 Ye\s — Messrs. Jiintes C.Allen, William J.Allen, Alley, 
 Ames, Anama, Anderson, Vaily, Blair, Bliss, Bontweil, 
 Brandegee, Broaks. Janus S. Brown, William G. Brown, 
 C'umler, Ambrose W. Clark, CTay, Coffrolh, Cox, Cravens, 
 Dawes, Pawsun, Venison, Dumont, Eckley, Edgerton, El- 
 dridge, Eliof, Finck, Frank, Gooeh, Grider, Hale, llarding, 
 Benjamin G. Harris, Charles M.Harris, Herrick, Holman, 
 Hooper, John H. Hubbard, Hutchins, Philip Johnson, Wil- 
 Ham Johnson, Koliijleisch, Kasson, Orlamio Kellogg, Law, 
 Lazear, Le Blond, L'/ng, Mallory, McKinney, Middleton, 
 Williayn JL Miller, Morrill. James R. Morris. Morrison, 
 A'l-Ui/n, Pendleton, Pike, Pomeroy, Pruyn, Alexander H. 
 Rice, Jamt's S. RoUin.% Ross, Spalding, William G. Steele, 
 Stiles, Tuwnsaid, Wadsworth, Webster, Joseph W. White 
 
 N.VTS— Messrs. Ashley, John D. Bald\vin.Baxter. Beaman, 
 Blaine, B.'vd, Eroomall, Freeman Clarke, Cobb, Cole, 
 Dixon, Donnelly, Driggs, Higb3', Asahel W. Hubbard, llul- 
 burd, Ingers.dl, Julian, Kelley, Francis W. Kellogg, Knox, 
 Loi.n, Longyear, Marvin, McClurg, Mclndoe, Moorhead, 
 Daniel Morris, Amos Myers, Charles O'Neill, Orth, Patter- 
 son, Perhani, Wm. II. Randall, John H. Rice, Edward H. 
 Rollins, Schenck, Scofield, Shannon, Smithers, Starr, Thayer, 
 Tracy, Upson, Van Valkenburgh, William B. Washburn, 
 Williams. Wilder, Wilson, Wiudom, Woodbridge, Worth- 
 ington — 52. 
 
 REPUDIATION OF REBEL DEBT. 
 
 IN SENATE. 
 18G5. February 17— Mr. Sumner submitted 
 the following resolution, which was objected 
 to, but adopted at the evening session without 
 a division : 
 
 Whereas certain persons have put in circulation the re- 
 port that on the suppression of the rebellion the rebel debt 
 or loan may be recognized in whole or in part by the United 
 States; an.l whereas .such a report is calculated to give a 
 false value t.) such rebel debt ..r loan : Tli.'refore, 
 
 Rexolvejl by the Senate, (t!ie llcuse of Representatives 
 concurring,) That Congress h-reby declares that the rebel 
 
576 
 
 APPENDIX. 
 
 debt or loan is simply an agpncy of the rebollion which the 
 Uiiitfd Sliites Clin nt'ver, under any circumstauces, recog- 
 nize ill any part or in any way. 
 
 IN HOUSE OF REPRESENTATIVES. 
 March 3, 1865 — It passed. Tbere were a few 
 voices in the negative, but no division was 
 called. 
 
 Reconstruction of States. 
 
 (See pages 317—032, 436-441.) 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 1864, December 20 — Mr. Ashley reported 
 from the Select Commiltee a bill to guarantee to 
 ctriain Stales whose governments have been 
 usurped or overthrown, a lepublican form of 
 government; which was reported m difi^d 
 Jauuary IG, 1805. It authorized the appoint- 
 ment by the President, with the consent of 
 the Senate, in each State dechxred in rebel- 
 lion a provisional gover-.ior, with t'^e pay and 
 emoluments of a brigadier gen ral, o be charged 
 with the civil admiui^tration piior to therecog 
 cilion of a State government, and with the 
 execution of the laws of the Unitrd Stales and 
 the laws in force when tiie State government 
 v;as overthrown; but mi law or usage whereby 
 any person was heretofore held in involuntary 
 servitude shall be reco nized or enforced by 
 any court or officer in such Sta'e ; jj^nd the laws 
 for the trial and punishment of wlii e pi rson? 
 shall extend to all persons, anl jurors shall 
 have the qualifications of voters UTider tJiis law 
 for delegates to the convention. The appoint- 
 ment by the Prf-sident of i ther ne^ess r}' offi- 
 cers is authorized. The expenses of f-e civil 
 g ivernment to be borne by taxes laid in con- 
 formity with prior State laws. Senuons 4, 5, 
 6, and 15 are as follows . 
 
 That all persons hold to involuntary servitude or labor 
 in tlie Slates or parts of States in which such i)ersons liave 
 been declared free by any proelamation of the Piesiderit, 
 are lioreby emancipated and discharged therefnun, and 
 tlioy and tlieir posterity shall bo forever free. And i f any 
 Bu.h person or tlieir posterity shall bereslrainedof Iil>er»y, 
 wilder pretence of any cl.iim to siicli service or labor-, the 
 courts of the United States shall, on habeas corpus, dis- 
 cbarge them. 
 
 That if any person declared free by this act, or any law 
 of the United States, or any proclamation of the President, 
 be re-trained of liberty, with intent to be held in or re- 
 diiced to involuntary serviiudo or lal)or, the person con- 
 victed before a com t of conipetciit jurisdiction of such 
 act shall be punished by tine of not less than S;l,500, and 
 1)0 imprisoned not less than five nor more than twenty 
 years. 
 
 Tliat every person who shall hereafter hold or exercise 
 any office, civil or military, except oflices merely ministe- 
 rial and military offices below the grade of colonel in the i 
 rebel service. State or confederate, is hereby declared not i uiu 
 to be a citi-.ien of the United States. | j|j. 
 
 That the United Slates, in Congress assembled, do 
 hereby recognize the s vernnientof the State of l^iuisiaiia, 
 inaugurati 'I under and bv tlie convenlioii wliieli assembled 
 on the Gth day of A])!;!!, A. D. lS(i4, at tlie cily ol New Or- 
 leans; and the guvei iiiiient of tlie Slnl<^ of Arkansas, in- 
 augurated umler and liy the convention which a-semliled 
 on the 8tli day of.lanuary. lS6t, at the city of Little Rock : 
 Provided, That the same or other conventions, duly assem- 
 bled, shall first have incoi-porated into the constitutions of 
 those States, respectively, the cnnditions prescribed in the 
 twelfth section of tliis act, and the marshal of the United 
 Stales shall liiivi' returned to the President of the United 
 States the enrollment directed by the seventh sectiun to be 
 made and retuiiied to the provisional governor, and it shall 
 appear thereby that the peisons taking the oatli to support 
 the Ci>nsiittition of the United States, together with the 
 citizens of the. United States from such Stale in the mili- 
 tary or naval service of the United States, amount to a 
 majority of the persons enrolled in the State. And 
 
 recognition by the United States, in Congress assembled, 
 of tlie said governtnent of such Slate; and Irom the date 
 of such prochimatinn the said government shall be entitled 
 to the guarantee and all otherrights ot a State government 
 under the Constitution of the United States; but lliis act 
 shall not op> rate a recognition of a State governineut in 
 either of said States till the conditions aforesaid are com- 
 plied with, and till that time those States shall be subject 
 to this law. 
 
 Other i-ections provide for an enrollment, on 
 the sufficient return of the people of any State to 
 their obedience to the Constitution, of all white 
 male citizens of the United States resident in 
 the St.ite in their rcpective counties, and upon 
 a majority (including those in the United States 
 military and naval service) taking the oath of 
 allegiance, the loyal people are to elect delegates 
 equal in number to the number of both houses 
 of the Slate Legislature. Th' voters are the 
 loyal male citizens of the Un ted S ates, of the 
 age of twenty-one years, and enr. lied and res- 
 ident at the time in the district iu whi'h they 
 ofl'er to vole, a;)d those absent in the military 
 service of the United Slates. "No person who 
 has held or exercised any office, civil or milita- 
 ry, Stiite or confederate, under the rebel usur- 
 ptition, or who has voluntarily borne a ma 
 ag in-t the United States, shall vote or be 
 eligible to b ■ elected as delegate at such elec- 
 tion." If the Convention shall declare, on 
 b' half of the people of the Slate, their sub- 
 mission to the Constitution and laws of the 
 United States,' and shall incorporate the fol- 
 lowing provisions into the Consilulion of the 
 State : 
 
 First. No person who has held or exercised any office, 
 civil or military, except civil offices merely ministerial and 
 military ofli' cs below the grade of colonel. State or con- 
 federate, und r the usurping power, shall vole for or be a 
 member of the legislature or gn\eriior. 
 
 Second. Iiivcdiiiitary servitude is forever prohibited, and 
 the freedom of all persons is guaranteed in said State. 
 
 1'hird. No debt or confederate, created by or under the 
 sanction of the usurping power, or in any manner in aid 
 thereof, shall bo recognized or paid by the Slate. 
 Abd the (Constitution be then ratilied by a ma- 
 jority of the voters qualified as aforesaid, the 
 President shall, by proclamation, recognize the 
 L\-late government thus established, and from 
 that dale, senators and representatives, and 
 presidential electors may be chosen. 
 
 1805, Jai uary 16 — Mr. Keli.ey moved to 
 amerid hy adding to the white ci izens enrolled, 
 " and all other male citizen.^ of the United States 
 who may be able to read the Constitution 
 thereot." 
 
 Mr. Eliot moved the following as a substi- 
 tu'e, the third section having been accepted by 
 him when offeieJ, as a separate proposition, by 
 Arnold : 
 
 That the States declared to be in rebellion against the 
 Uiiited States, and within which the authority of the Con- 
 Btitntiou and laws of the United States has been over- 
 thrown, shall not bo permitted to resume their political re- 
 lations with the government of the United States until, by 
 action of the loyal citizens within such States, respectively, 
 a Slate constitution shall bo ordained and established, re- 
 puhlican in form, forever prohibiliiig involuntary servi- 
 tude within such State, and guaranteeing to all persona 
 freedom and ofjuality of rights before the law. 
 
 Siic. 2. That the State of Louisiana is hereby permitted 
 to resume its political relations with flie government of 
 the United States under the constitution .adopted by the 
 convention which assembled on the sixth day of April, 
 anno Domini eighteen lumdred and sixty-four, at New Or- 
 leans. 
 
 Sue. 3. That in all that portion of the United States 
 heretofori' declared to be in rebellion against the UnitMd 
 
 President shall, thereupon, by proclamation, declare the States, and enumerated iu the President'! priwlamatiou of 
 
APPENDIX. 
 
 577 
 
 January 1, 1863. slavery and involuntary sarvitude, oth- 
 erwise than in the punishment of crime whereof the ac- 
 cused shall have been duly convicted, shall be.audthe same 
 hereby is, abolished and prohibited forever, and the re- 
 enslavement, or holding, or attempting to hold in slavery 
 or involuntary servitude, any person within such States 
 made free by this act, or declared to bo free by the proclama- 
 tion of the President of the United States, dato.lJanuary 1, 
 1?C3, or of any of their descendants, otherwise than in the 
 punishment of crime whereof the accused shall have been 
 duly convicted, is and shall be forever prohibited, any law 
 or regulation of either of said States to the contrary not- 
 withstaniling. 
 
 Mr. Wilson moved to substitute the follow- 
 ing : 
 
 Senators and Representatives shall not be received from 
 any State heretofore declared in rebellion against the Uni- 
 ted States until by an act or joint resolution of Congress, 
 approved by the President, or passed notwithstanding his 
 oOjections, such State shall have been first declared to have 
 organized a just local government, republican in form, and 
 to be entitled to representation in the respective Uouses of 
 Congress. 
 
 January 17 — The bill was postponod to Feb 
 raary, — yeas 103, nays 34. 
 
 February 21 — Mr. Ashley offered, on behalf 
 of the committee, a substitute, which differed 
 chiefly in this respect from the original bil'. 
 The section recognizing the State governments 
 of Louisiana and Arkansas was omitted, and 
 this substituted for it : 
 
 That if the persons exercising the functions of Governor 
 and Legislature under the rebel usurpation in any State 
 heretofore declared to be in rebellion shall, before armed 
 resistance to the national Goveinment is suppressed in such 
 State, submit to the authority of the United States, and 
 take the oath to support the Constitution of the United 
 States, and adopt by law the third provision prescribed in 
 the eighth section of this act, and ratify the amendment to 
 the Constitution of the United States proi)osed by Congress 
 to the Legislatures of the several States on the 31st day of 
 January, A. D. 1S65, it shall be lawlul for the President of tho 
 United States to recognize the said Governor and Legisla- 
 ture as the lawful State government of such State, and to 
 certify the fact to Congress for its recognition: Provided, 
 That nothing herein contained shall operate to disturb the 
 boundary lines of any States heretofore recognized by and 
 now represented in the Congress of the United States. 
 
 Mr. Kelley's amendment was modified so as 
 to provide for striking out the word " white" 
 in the enrollment section. 
 
 Mr. Wilson modified his substitute, so as to 
 make it read : 
 
 That Senators and Representatives shall not be received 
 from any State heretofore declared in rebellion against the 
 United States until Congress, by concurrent action of botl: 
 Houses, shall have first declared a just local government, 
 republican in form, to have been organized therein, and 
 such State to be entitled to representation in the respective 
 Houses of Congress. 
 
 Mr. Eliot modified his, so as to make it 
 read : 
 
 That the States declared to be in rebellion against the 
 United States, and within which the authority of the Con- 
 stitution a:id laws of tho United Slates has been over- 
 thrown, shall not be permitted to resume their political 
 lations with the Government of the United States, until, 
 by action of the loyal citizens within such States respec 
 tively, a State constitution shall be ordained and estab- 
 lished, republican in form, forever prohibiting involuntary 
 servitude within said State, and guaranteeing to all persons 
 freedom and eijual rights before the law. 
 
 On motion of Mr. Mallort, the bill was 
 laid on the table — yeas 92, nays G4, as fol 
 lows : 
 
 Teas — ilcssrs. Jamfs C. Allen, Ancona, Anderson, Baily, 
 Augustus <'.IkihUi-in, Blair, Bliss, Boyd, AVillianiG. Brown, 
 Chanlrr, Chiy, Cobb, Coffroth, Cox, Craren-s Thomas T.Davis, 
 Dr\wes, lunrsrm, D-nison, Eckley, Edm, £tlgerto», Eldridgi; 
 E g'i.<h, F ii-l.; <; :nfon, Gooch, Grider, Griswold, Halo, Hull, 
 Uaiiliiiy. /[:'tri>ir/tcn, Bmjnmin G. Harris, Charles M. 
 Harris, }T.rri<:k, Holman, MwWmi-ii, Hutchins. Julian, Kalb- 
 Jlic.'i, Kernati. King, Knupp, Low, Laztar, L<- Bl.nd, 
 Littlejohn, J. ng, Malloru, Marcy, ilarvin, McAlHster, Mc- 
 37 
 
 Kinney, William B. Miller, James R. Morris, Morrison, 
 JVclson, Noble, Odetl, Petidleton, Pike, Pomeroy, Pruyn, 
 Radford, Samuel J. Randall, WilUam H. Randall, Alex- 
 ander U. Rice, Rogers, Jam's S. Rollins, Ross, Smith, 
 John B. Steelt, William G. Steele, Stevens, Stiles, Sirouse, 
 S'Uart, Sweat, Thomas, Toivnsmd, Tracy, Van Valkeii- 
 burgh, Wadsworth, William B. Washburn, Webster, ^Vha- 
 ley, WI.eehr, Joseph W. White, WwfteU, Fernando Wood, 
 Teaman — 92. 
 
 N.vTs — Mf'ssrs. Allison, Ames, Arnold, Ashley, John D. 
 Baldwin, Baxter, Beaman, Blaine, lihnv, Boiitwell, Bran- 
 degee, Broomall, Ambrose W Clark, Cole, Henry Winter 
 Davis, Deniiug, Dixon, Donnelly, Driggs, Dumont, Eliot, 
 Farnsworlh, Garfield, Grinnell, Uigby, Hooper, Asahel W. 
 Hubbard, John H. Hubbard, IngersoU, Jonckcs, Kelley, 
 Francis W. Kellogg, Orlando Kellogg, Knox, Loan, Long- 
 year, McBride, SIcClurg, Samuel h\ Miller, Moorhead, 
 Morrill, Daniel Morris, Amos Myers. Leonard Myers, Norton, 
 Charles Neill, Orth, Patterson, Perham, Price, John H. 
 Rice, Edward H Rollins, Sc heuck, Scofield, Shannon, Sloan, 
 Smithers, Starr, Thayer, Upson, Williams, Wilson, Wood- 
 bridge, Worthingtou — 64. 
 
 February 22 — Mr. Wilson, from the Judi- 
 ciary Committee, reported this bill : 
 
 That neither the people nor the Legislature of any State, 
 the p'-ople of which were declared to be in insurrection 
 against the United States by the procl.-imation of the Pres- 
 ident, dated August IG, 1S61, shall hereafter elect Repre- 
 sentatives or Senators to the Congress of the United States 
 until the President, by proclamation, shall have declared 
 that armed hostility to the Government of the United States 
 within such State has ceased ; nor until the people of 
 such State shall have adopted a constitution of government 
 not repugnant to the Constitution and law.s of the United 
 States; nor until, by a law of Congress, such State shall 
 have been declared to be entitled to representation in the 
 Congress of the United States of America. 
 
 Mr. Ashley offered, as a substitute, the bill 
 offered by him yesterday. 
 
 Mi-. Kelley moved to strike out the word 
 " white" from the Enrollment section. 
 
 Mr. Blair moved that the bill be tabled ; 
 which was agreed to — yeas 80, nays G5, as fol- 
 lows : 
 
 Yeas— Messrs. Jame^ C. Allen, Ancona, Anderson, Baily, 
 Blair, Bliss, Brooks, William G. Brown, Chanler, Clay, Cobb, 
 Cox, Cravens, Dawes, Dawson, Denison, Eden, Edgerton, 
 Eldridge, English, Finck, Ganson, Gooch. Grider, Griswold, 
 Hall, Harding, Harrington, Benjamin G. Harris, Charles 
 M. Harris, Herrick, Holman, Hulchins, KalbJIeisch, Kasson, 
 Kernan, Knapp, Law, Lazear, Le Blond, Long, Mullory, 
 Marcy, Marvin, McAllister, McKinney, William H. Miller, 
 James R. Morris, Morrison, A'elson, Aoble, Odelt, Pendleton, 
 Perry, Pike, Pomeroy, lYuyn, Radford, Samuel J. Randall, 
 William H. Randall, Alexander H Rice, Rogers, James S. 
 Rollins, Ross, Smi'Ji, John B. Steele, William G. Steele, 
 Sliks, Strouse. Sluart, Toumsend, Tracv, Voorhees, Wads- 
 worth, V;i\\\.xm'B.\ias\\bu\n, Whaley, ")r/ie€?er, Winfield, 
 Fernando Wood, Teaman — SO. 
 
 Nays — Messrs. Allison, Ames, Ashley, John D. Baldwin, 
 Baxter, Beaman, Blow, Bout well, Boyd, Brandegee, Broom- 
 all, Ambrose W. Clark, Colo, Henry Winter Davis, Deming, 
 Dixon, Donnelly, Driggs, Dumont, Eckley, Eliot, Garfield, 
 Grinnell, Higby, Hooper, Asahel W. Hubbard,. Tohn H. Hub- 
 bard, Ilulburd, IngersoU, Jenckes, Kelley, Orlando Kellogg, 
 Knox, Littlejohn, Loan, Longyear, McBride, McClurg, Sam- 
 uel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Mvers, 
 Leonard Myers, Charles O'Neill, Orth, Perham, Price, John 
 H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, 
 Sloan, Smithers, Starr, Stevens, Thayer. Upson, Van Valk- 
 enburgh, EUihu B. Waahburne, Williams, AVilder, Wilson, 
 Woodbridge — 65. 
 
 EEPRESENTATION IN THE ELECTO- 
 RAL COLLEGE. 
 IN HOUSE OF REPRESENTATIVES. 
 1805, January 30 — Mr. Wilson reported 
 from the Committee on the Judiciary this reso- 
 lution, which was passed without a division : 
 Joint resolution declaring cert.ain States not entitled to 
 representation in the electoral college. 
 Whereas the inhabitants and local authorities of the 
 States of A'irginia, North Carolina, South Carolina, Georgia, 
 Florida, Alabama, Mississippi, Louisiana, Tex.is, Arkansas, 
 and Tenne see rebelled against tho governmint of the 
 United States, and have continued in a state of armed re- 
 bellion for more than three years, and were iu said state of 
 
578 
 
 APPENDIX, 
 
 anned rebellion on fhe eighth day of November, eighteen 
 huniJredand sixty-four: Tliercfore, 
 
 Be itresolved, dc. That the States mentioned in the pream- 
 ble to thi.s joint resolution are not entitled to representation 
 in the electoral collefre for the choice of President and 
 Vice-President of the United States for the term of office 
 commencing on the fourth day of March, eighteen hundred 
 and sixty-five; and no electoral votes sliall be received or 
 counted from said States concerning the choice of Presi- 
 dent and Vice-President for said term of office. 
 
 IN SENATE. 
 
 February 1 — Mr. Trumbull reported it from 
 the Judichu'}' Committee, with this ameudment: 
 
 To strike from the preamble these words : 
 •' And have continued in a state of armed re- 
 bellion for more than three years, and were in 
 said state of armed rebellion on the 8th day of 
 November, 18G4." 
 
 And substitute these: "And wereinstjeh state 
 of rebellion on the 8th day of November. 1864, 
 that no valid election for President and Vice 
 President of the United States according to 
 the Constitution and laws thereof was held 
 therein on said day." 
 
 Which was agreed to, in Committee of the 
 Whole. 
 
 Mr. Ten Etck moved to strike from the pre- 
 amble the word "Louisiana." 
 
 Mr. CoLLAMER moved this as a substitute for 
 th" preamble and resolution : 
 
 That the people of no State, the inhabitants whereof 
 have been declared in a State of insurrection by virtue of 
 the fifth section of the act entitled " An act further to pro- 
 vide for the collection of duties on imports, and for other 
 purposes," approved March July 13, ISlJl, shall be regarded 
 as empowen d to elect electors of Piesident and Vice Pres- 
 ident of the United States until s:ud condition of insurrec- 
 tion sliall ceaso and be so declared by vh-tuo of a law of 
 the United States, or until they shall be represented in both 
 houses of Congress. 
 
 Nor shall any vote east bj' any such electors elected by 
 tho votes of the inhabitants of any such State, or the Legls- 
 latiu-e thereof, be received or counted. 
 
 Mr. Lane, of Indi ma, moved to postpone 
 the le olution indefinitely, which was lost — 
 yeas 11, nays 26, as follows : 
 
 Yeas— Messrs. Cowan, Doolittle, Farwell, Ilarlan, liar 
 ris, Howe. Lane of Indiana, jyesmith, Ten Eyck, Van 
 ■VVmkle, Willey— 11. 
 
 Nats — Jlessr^. Anthony, Bucl-aleiv, Clark, Collamcr, Con- 
 ness, Davif, Dixon, Foste ;■, Ilale, Henderson, Howard, j;;/;/i- 
 son, Lano of Kansas, Morgan, Morrill, Nye, Pinvell, Sher- 
 man, Sprague, Stewart, Sumner, Trumbull, Wade, Wil- 
 kinson, Wilson, WHyht^2H. 
 
 1865, February 3 — Mr. Ten Eyck's amend- 
 ment was not agreed to — yeas 15, nays 22, as 
 follows : 
 
 Ye\s— Messrs. Cowan, Dixon, Doolittle, Farwell, Harlan, 
 Harris, Howe, Lane of Indiana, Lane of Kansa.s, Kesinilh, 
 J'omeroy, Pi-amsey, Ten Eyck, Van Winkle, Willej- — 15. 
 
 Nats — .Messrs." Urowu, i?uc7>-a7ew, Clark, CoHanier, Con- 
 ness, Davis, Foster, Henderson, Hendrichs, Howard, Jolcn- 
 soii, Morgan, Moriill, I'owclU Sauhbury. Sherman, Sprague, 
 Sumner, Trumbull, Wade, Wilkinson, Wriffht — 22. 
 
 Mr. Lane, of Kansas, moved to strike out 
 the pi-eamble, which was not agreed to —yeas 
 12, naj's 30, as follows: 
 
 Yeas — Messrs. Cowan, Doolittle, Harlan, Harris, Howe, 
 Lane of Indian.a, Lane of Kansas, Jfvesmilli, Pomcroy, Ten 
 Eyck, Van Winkle, Willey— 12. 
 
 Nats — Messrs. Brown, Suckalew, Chandler, Clark, Con- 
 ness, Davis, Dixon, Farwell, Foster, Grimes, Hale, Hen- 
 derson, IlendHcks, Howard, Johnson, RIorgan, Morrill, Nye, 
 Pdivell, Ramsey, Saulsbwy. Sherman, Sprague, Stewart, 
 Sumner, Trumbull, Wade, Wilkinson, Wilson, Wright— 3D. 
 
 Mr. Harris moved to amend by substituting 
 as follows : 
 
 Whereas in pursuance of an act of Congress approved 
 on the ISth day of .Inly, ISOl, the President did, on the 
 10th day of Augrtst, 1861, declare the inhabitants of certain 
 
 States, and among others the States of Tennessee and Loui- 
 siana, to be in a state of insurrection against tho United 
 Slates: and whereas, with a view to uncourago the inhabi- 
 tants of such States to resume their allegiance to tie 
 United States and to reinangurate loyal State governments, 
 the President, on the 8th day of December, 1863, i,MHed his 
 proclamation, whereby it was declared, among other tilings, 
 that in case a State Government should bo re-establi.<hed 
 in any of said States, in a manner therein specified, such 
 government should bo recognized as the true government 
 of the State ; and whereas the loyal inhabitants of the 
 States of Tennessee and Louisiana, invited so to do by the 
 said last mentioned proclamation, have in good faith estab- 
 lished State governments loyal to the United States, or 
 attempted so to do; and whereas such loyal inhabitants at 
 the recent presidential election have chosen electors of 
 President and Vice-President, who have in pursuance of 
 the requirement of the Constitution, cast their votes for 
 the President and Vice-President; and whereas doulits 
 exist as to the validity of such election of presidential elec- 
 tors in the said States of Tennessee and Louisiana; and 
 whcre;is it is well understood that tho result of tho presi- 
 dential election could in no way be affected by the votes of 
 the said States, whether the same be counted or not: 
 Therefore, 
 
 Be it resolved, cEc, That it is inexpedient to determine 
 the question as to the validity of the election of electors in 
 the said States of Tennessee and Louisiana, and that in 
 counting the votes for President and Vice President the 
 result be declared as it would stand if the votes of the said 
 States were counted, and also as it would stand if the votea 
 of tho said States were excluded, such result being the same 
 in either case. 
 
 V/hich was rejected — yeas 12, nays 31, as fol- 
 lows : 
 
 Yeas — Messrs. Cowan, Doolittle, Farwell, Harris, Howe, 
 Lano of Indiana, Lane of Kansas, Kesmith, Pomeroy, Ten 
 Eyck, Van Winkle, Willey— 12. 
 
 Nats — Messrs. Brown, BuckaUw, Chandler, Clark, Colla- 
 mcr, Conness, /Jotu's, Dixon, Foster, Grimes, Ilale, Ilarlan, 
 Henderson, Hendricks, Howard, Johnson, Morgan, Morrill, 
 Nye, Fiivtdl, Ramsey, Saulsbur!/, Sherman, Sprague, Stew- 
 art, Sumner, Trumbull, Wade, Wilkinson, Wilson, Wright — 
 31. 
 
 February 4 — Mr. Collamer's amendment was 
 rpjected — yeas 13, nays 27, as follows : 
 
 Yeas — Messrs. Anthony, Brown, Clark, Collamer, Dixon, 
 F:irwell, Foot, Harlan, Howard, Lane of Kansiis, Ramsey, 
 Sunin.T, Wilson— 13. 
 
 Nays — Messrs. Buckaleiu, Chandler, Conness, Cowan, 
 Davis, Doolittle, Foster, Halo, Harris, Henderson, lle.ndricks, 
 Howe, Johnson, L.nne of Indiana, Morgan, Morrill, Nyo, 
 Ponierov, J'owdl, SKuIsbury, Sherman, Stewart, Ten Eyck, 
 Trumbull, Van Wiukle, Willey, Wright— 2:1. 
 
 The joint resolution as amended being re- 
 ported to the Senate, 
 
 Mr. PoMEROT moved to strike out the words 
 " state of rebellion" and insf-rt in lieu thereof 
 the word "condition;" which was adopted — 
 yeas 26, nays 13, as follows : 
 
 Yeas — Messrs. Anthony, Brown, Buckalew, Chandler, 
 Clark, Coiinfss, Davis, Dixon, Doolittle. Farwell, Foot, Har- 
 lan, Harris, Henderson, Hendricks, Lano of Kansas, Mor- 
 gan, I'omerov, Powell, Ramsey, Saulsbuj-y, Sherman, Trum- 
 bull, Van winkle, AVilley, Wilson— 26. 
 
 Nats— Messrs. Collamer, Cowan, Foster, Grimes, Hale, 
 Howard, Johnson, Morrill, Nye, Stewart, Ten Eyck, Wade, 
 Wright— 10. 
 
 The amendment as amended was then agreed 
 to — yeas 32, nays 6, (Messrs. Cowan, Foot, 
 Johnson, Ten Eyck, Van Winkle, AVilley.) 
 
 Mr. Lane, of Kansas, moved to strike out 
 the preamble, and to strike out after the word 
 " States," in the first line of the resolution, 
 the words " mentioned in th"^ preamble," and 
 to insert in lieu of them '' of Virginia, North 
 C:irolina, South Carolina, Georgia, Florida, Ala- 
 bama, Mississippi, Louisiana, Texas, Arkansas, 
 and Tennessee." 
 
 Which was rejected— yeas Y, nays 30, as fol- 
 lows : 
 
 Yeas— Messrs. Cowan, Doolittle, Harris, Lano of Kansas, 
 Nesmith, Van Winkle, Willey— 7. 
 
APPENDIX. 
 
 579 
 
 Nats— Messrs. Anthony, Brown. BucJ:aUw, Chandler, 
 Chirk. Collamer, Conness. Dacis. Dixon, FarwoU, Foster, 
 Grimes, Hale, Harlan, Henderson, Hendriclcs, Ho-ward, 
 Johnson, morgan, Morrill, Nye, Powell, Ramsey, SauIs- 
 bury, Sherman, Sumuer, Ten Eyck, Trumbull, AVade, 
 Wright—ZO. 
 
 And the resolution passed — ^yeas 29, nays 10 : 
 
 Yeas — Messrs. Anthony, Brown, BuckaUw, Chandler, 
 Clark, Collamer, Couuess, Davis, Dixon, Farwell, Foster, 
 Grimes, Hale, Harlan, Henderson. ITendncls, Howard, 
 Johnson, Morgan, Morrill, Nye, Powell, Ramsey, Sherman, 
 Stewart, Sumner, Trumbull, Wade, Wright — 29. 
 
 Nays— Messrs. Cowan, Doolittle, Harris, Howe, Lane of 
 Kansas, Ifesmith, Saulsbury, Ten Eyck, "Van Winkle, Wil- 
 ley— 10. 
 
 February 4 — The House concurred in the 
 atneodments. 
 
 Pendiner this question, Mr. Yeaman proposed 
 to offer this substitute for the resolution, but, 
 on the point bring raised, it was ruled out of 
 order at that stage : 
 
 That the votes of the Presidential eiectors of any State 
 shall be counted when presented and verified in the ordi- 
 nary and leg-.il method; and it is incompetent and immate- 
 rial for Congress to go behind such verification, and inquu-e 
 whether apart of the citizens of such State may have been 
 in rebellion ; and all laws and parts of laws and joint reso- 
 lutions incompatible with this are hereby reiJealed. 
 
 Februar, 10 — This message from the Presi 
 DENT vv'us laid before the Senate : 
 To the honorahlcthe Senate and 
 
 House of Representativs: 
 
 The joint rasolution entitled "Joint resolution declaring 
 certain States not entitled to representation in the Elec- 
 toral College" h;is been signed by the Executive, in deft^r- 
 ence to the view of Congress implied in its passage and 
 presentation to him. In liis own view, however, tlio two 
 Houses of Congress, convened under the twelfth article of 
 the Constitution, have complete power to exclude from 
 counting all eUctoral votes deemed by them to be illeg^il ; 
 and it is not competent for the Executive to defeat or ob- 
 struct that power by a veto, as would be the case if liis ac- 
 tion were at all essential in the matter. He disclaims all 
 right of the Executive to interfere in any way in the mat- 
 ter of canvassing or counting electoral vote.*;, and he also 
 disclaims that, by signing sjid resolution, he has expressed 
 any opinion on the recitals of the preamble, or any judg- 
 ment of his own upon the subject of the resol;ition. 
 
 ABRAHAM LINCOLN. 
 
 ExicuTivE Mansion, February S, 1S65. 
 
 THE LOUISIANA QUESTION". 
 IN SENATE. 
 
 1864, December 7— The credentials of Charles 
 Smith and R. King Cutler, as Senators, were 
 presented, and referred to the Committee on 
 the Judiciary. 
 
 1865, February 18 — Mr. Trumbull made 
 this written report : 
 
 Tlie Committee on the Judiciary, to whom were referred 
 the credentials of K. KiugCutler and Charles Smith, claim- 
 ing seals from the State of Loui.siana, report: 
 
 Tliat in the early part of eighteen hundred and sixty- 
 one the constituted authorities of the State of Louisiana 
 undertook to withdraw that State from the Union, and so 
 far succeeded in the attempt as by force of arms to expel 
 from the State for a time the authority of the United 
 States, and set up a government in hostility thereto. 
 
 Since that time the United States, as a necessity to the 
 maiutiiining of its legitimate authority in Louisiana as one 
 of the StatesKif the Union, has been compelled to take pos- 
 session thereof by its military forces, and, in the absence 
 of any local organizations or civil magistrates loyal to the 
 Union, temporarily to govern the same by militaiy power. 
 
 While a large portion of the State, embracing more than 
 two-thirds of its popnlaiion, was thus under the control of 
 the military power, steps were taken, with its sanction, and 
 to some extent under its direction, for the rcorganizatioii 
 of a Stiite government loyal to the government of the Uni- 
 ted States. The first action had looking to such reorganiza- 
 tion was a registration of the loyal persons within the lira- 
 its of military control entitled to vote under the constitu- 
 tion anil laws of Louisiana at the beginning of the rebel- 
 lion . The lists thus made up contain the naines of between 
 filteeu and eighteen thousand voters, which is rei^resented to 
 
 be more than half the number of voters in the same parishes 
 previous to the rebellion, and more than twcvthiids of the 
 voting population within the same localities at tlie timo 
 the registry was takrn Tlie next step taken in the reortran- 
 ization of the State government was the election of State 
 officers on the Cid of February, 1864, under the auspices of 
 the military authority acting in conjunction with promi- 
 nent .and influential citizens. At this election 11,414 votes 
 were polled. SOS of which were cast by soldiers and sailors — 
 citizens of Louisiana, who would not have been entitled to 
 vote under the constitution of Louisiana as it existed prior 
 to the rebi'Uion, for the sole reason that they were in tho 
 military service, but who possessed in other respects all tho 
 <luaIifi<ations rf voters required by that instrument. The 
 balance, 10,006. were legal voters under the constitution of 
 the State prior to the rebellion. The third step in the reor- 
 ganization of the State government was to call a conven- 
 tion for the amendment of the constitution of the State. 
 Delegates to this convention were elected JIarch 2S.18G4, 
 under the joint and harmonious direction of the military 
 authorities, and the State officers who had been. elected on 
 tb.e 22d February previous. In a paper submitted to the 
 committee by MajorGeneral Banks he states thatdelegat< 3 
 were apportioned to every election district in tho State, 
 both within and beyond the lines, so that if beyond tho 
 lines of the army tho people of the State had chosen to par- 
 ticipate in that election, the delegates might have been re- 
 ceived if they had shown themselves loyal to the govern- 
 ment. They were about 150 in number. All elections sub- 
 sequent to that for delegates have been ordered and con- 
 trolled by the representitives of the people. 
 
 In the organization of the convention it was provided 
 that a majority of the whole number apportioned to tho 
 State, i( every district within and be.yond the lines had been 
 represented, should constitute a quorum for the transac- 
 tion of business. Every vote in the convention, from a 
 question of order to the ratification of the constitution, 
 was coiidnrted under this rule, and was approved by a ma- 
 jority of all the delegates apportioned to the State if every 
 district had been represented. 
 
 The delegates met in convention, in the city of New Or- 
 leans, on the 6th day of April, 1804, remained in session 
 till July 23 1SG4, and adopted a constitution, republican 
 in form, and in entire harmony with tho Constitution of 
 the United States and the great principles of human lib- 
 erty. 
 
 This constitution was submitted, by the convention which 
 adopted it, to the people for ratification, on the first 
 Monday of September, 1864, and adopted by a vote of 
 6.SC6 lor, 1 1 1,5G6 against it. 
 
 At the same time the vote was taken on tho adoption of 
 the constitution, a legislature was elected, representing all 
 those pari-shes of the State reclaimed from insurgent con- 
 trol, and embracing about two thirds of its population. 
 This legislature assembled at New Orleans on the 3d day 
 of October, 1S64, and proceeded to put in operation a State 
 government by providing for levying and c Ihcting taxes, 
 the establishment of tribunals for the administration of 
 justice, the adoption of a system of education, and such 
 other measures as were necessary to tho re-establishment 
 of a St.ate government in harmony with the Constitution 
 and laws of the United States. Tho State government 
 thus inaugurated has been in successful operation since 
 the period of its establishment, and your committee are as- 
 sured tliat if no cxteriiir hosnle force is permitted to enter 
 the State, the local State government is fully equal to tho 
 maintaining of peace and tranquillity throughout the State, 
 in subordination to the Constitution and laws of the United 
 States. 
 
 The manner in which the new State government was in- 
 augurated is not wholly free from objection. The local 
 State authorities having rebelled against the government, 
 and there being no State or local officers in existence loyal 
 to its authority, in taking the initiatory steps for a reor- 
 ganization, some irregularities were unavoidable, and tho 
 number of voters participating in this reorganization is less 
 than would have been desirable. Yet, when we take into 
 consideration the largo number of voters who had left tho 
 State in consequence of the rebellion, who liad fallen in 
 battle, or were absent at the time of the elrctioii, lujth in 
 the Union and rebel armies, and the ilir.i K't! - mii ndiug 
 the obtiiining of a full vote from those i ' nse- 
 
 quence of the unsettled condition of alT: a; i: ~ i , and 
 
 the further fact that the adoption of thi ..i.. ;;J. J l -ustitu- 
 tion was not seriously opposed, and therefoio tlio question 
 of its ratification not calculated to call out a full vote, the 
 number of votes cast is perhaps as large a,s could have been 
 expected,anil the State government which has been reorgan- 
 ized, as your committee believe, fairly represents a majority 
 of the loyal voters of the State. 
 
 A])pciided hereto is a copy of the various orders and proc- 
 lamations issued in regard to the election of State officers, 
 delegates to the Constitutional convention, and membersof 
 the legislature, and also a copy of election laws and iustruc- 
 
580 
 
 APPENDIX. 
 
 tions relative to the duties of commissioners of elections, j 
 issued for the guidance of officers in cunducting said elec- 
 tiun. I 
 
 Messrs. Cutler and Smith, the claimants for seats, were | 
 duly elected senators by the legislature which convened on 
 the third day of October, 186i, and but for the fact that, in 
 pursuance of an act of Congress passed on the 1.3th d.iy of 
 JuIy,lS61, the inhabitants of the State of Louisiana wore 
 declared to be in a state of insurrection against the United 
 States, and all commercial intercourse between them and 
 the citizens of other States declared to be unlawful, which 
 condition of things had not ceased at the time of the reorgan- 
 ization of the State government and the election of Messrs. 
 Cutlerand Smith, your committee would recommend their 
 immediate admission to seats. 
 
 The persons in possession of the local authorities of Lou- 
 isiana having rebelled against the authority of the United 
 States, and her inhabitants having been declared to be in 
 a state of insurrection in pursuance of a law passed by the 
 two Houses of Congress, your committee deem it improper 
 for this body to admit to seats senators from Louisiana, till 
 by some joint action of both Houses there shall be some 
 recognition of an existing State government acting in har- 
 mony with the government of the United States, and recog- 
 nizing its authority. 
 
 Your committee therefore recommend for adoption, be- 
 fore taking definite action upon the ridit of the claimants 
 to seats, the accompanying joint resolution. 
 The joint resolution is as follows : 
 
 Kesolved, rfc. That the United States do hereby recog- 
 nize the government of the State of Louisiana, inaugurated 
 under and by the convention which assembled on the Gth 
 day of April, A. D. lS6i, at the city of New Orleans, as the 
 legitimate government of the said State, and entitled to the 
 guaranties and all other rights of a State government under 
 the Constitution of the United States. 
 
 February 23 — Mr. Sumnek moYed this sub- 
 stitute : 
 
 That neither the people nor the Legislature of any State, 
 the people of which were declared to be in insurrection 
 against the United States by tho proclamation of tlie I'rcsi- 
 deut, dated August IG, 1861, shall herealter elect Kepre- 
 seutativesor Senators to the Congress of the United States 
 until the riesident, by proclamation, shall have declared 
 that armed hostility to the Government of the United 
 States within such State has ceased; nor until the people 
 of such State shall have adopted a constitution of govern- 
 ment not repugnant to the Constitution and laws of the 
 United States; nor until, by a law of Congress, such State 
 Bhall have been declared to be entitled to representation in 
 tho Congress of tho United States of America. 
 
 Which was not agreed to— yeas 8, nays 29, as 
 follows: 
 
 Yeas — Messrs. Brown, Conness, Grimes, Howard, Sprague, 
 Stewart, Sumner, Wade — 8. 
 
 Nays — Messrs. Anthony, Btickalew, CarWe, Collamer, 
 Cowan, Dixon, Doolittle, Farwell, Foster, II a e, Harlan, 
 Harris, Hendricks, Johnson, Lane of Indiana, Lane of 
 Kansas, Morgan, Morrill, iVesmiWt, Nye, Pijxavxoy, Powell, 
 Ramsey, Ricliardson, Riddle, Ten Kyck, Trumbull, Willey, 
 yrnghl—2'd. 
 
 February 25 — Mr. Sumner gave notice of his 
 intention to offer this substitute at the proper 
 time : 
 
 That it is the duty of the United States, at the earliest 
 practicable moment consistent with tho common defence 
 and tho general walfare, to re establish by act of Congress 
 republican governments in those States where loyal gov- 
 ernments have been vacated by tho existing rebellion, and 
 thus, to tho full o.xtent of their power, fulfil the require- 
 ment of the Constitution, that " the United States shall 
 guarantee to every State in this Union a republican form of 
 government." 
 
 Sec. 2. That this important duty is imposed by the Con- 
 stitution in express terms on -'the United States," and not 
 on individuals or classes of individuals, or on any military 
 conmiander or executive oflScer, and cannot be intrusted 
 to any such persons, acting, it may be, for an oligarchical 
 class, and in disregard of large numbers of loyal people; 
 but it must be performed by the United States, represented 
 liy the President and both Houses of Congress, acting for 
 tho whole people thereof. 
 
 Sec. 3. That, in determining the extent of this duty, and 
 in the absence of any precise definition of the term ''repub- 
 liL-an form of government," wo cannot err, if, when called to 
 jerform this guarantee under tho Constitution, wo adopt 
 the self-evident truths of the Declaration of Independence 
 tto an authoritative rule, and insist tliut in every re-estab- 
 
 lished State the consent of the governed shall be the only 
 just foundation ut government, and all men shall be equal 
 before the law. 
 
 Sec. 4. That, independent of the Declaration of Inde- 
 pendence, it i,s plain that any duty imposed by the Consti- 
 tution must be performed inconformity with justice andrea^- 
 Bon,and in the lightof existing facts; that, therefore, in the 
 performance of this guaninteo, there can be no power under 
 tho Constitution to disfranchise loyal people, or to recognize 
 any such disfranchisement, especially when it may hand 
 over the loyal majority to the government of the disloyal 
 minority; nor can there be any power under the Constitu- 
 tion to discriminate in favor of the rebellion by admitting 
 to the electoral franchise rebels who have forfeited all 
 rights and by excluding loyal persons who have never for- 
 feited any right. 
 
 Sec. 5. That the United States, now called at a crisis of 
 history to perform this guarantee, will fail in duty under 
 the Constitution, should they allow the re-establishment of 
 any State without proper safeguards for the rights of all 
 tho citizens, and especially without making it impossible 
 for rebels now in arms against the national government to 
 trample upon tho rights of those who are now fighting the 
 battles of the Union. 
 
 Sec. 6. That tho ptith of justice is also the path of peace, 
 and that for the sake of peace it is better to obey the Con- 
 stitution, and, in conformity with its requirements in the 
 performance of the guarantee, to re establish State; govenr- 
 meiits on the consent of the governed and the equality of 
 all persons before the law, to the end that the foundations 
 thereof may be permanent, and that no loyal majorities 
 may be again overthrown or ruled by any oligarchical 
 class. 
 
 Sec. 7. That a government founded on military power, 
 or having its origin in military order-!, cannot be a " repub- 
 lican form of government" according to the requirement 
 of the Constitution; and that its recognition will be con- 
 trary not only to the Constitution, but also to that essen- 
 tial principal of our government which, in the language of 
 Jefferson, establishes '' the supremacy of the civil over the 
 military authority." 
 
 Sec. 8. That in tho States whose governments have been 
 already vacated, a government fouiidod on an oligarchical 
 class, even if erroneously recognized as a '• republican form 
 of government" under the guarantee of tho Constituticm, 
 cannot sustain itself securely without national support ; 
 that such an oligarchical government is not competent at 
 this moment to discharge the duties and execute the powers 
 of a State; and that its recognition as a legitimate govern- 
 ment will tend to enfeeble the Union, to postpone the day 
 of reconciliation, and to endanger tlii; national tranquillity. 
 
 Sec. 9. That considerations of expediency are in harmony 
 with the requirements of tho Constitution and tho dic- 
 tates of justice and reason, especially now, when colored 
 soldiers have shown their military value; that as their 
 inuskets are needed for tho national defence against rebels 
 in tlio field, so are their ballots yet more needed against 
 the subtle enemies of the Union at home ; and that without 
 their support at the ballot-box Ihe cause of human rights 
 and of tlio Union itself will be in constant peril. 
 
 February 25 — Mr. Sumner offered this proviso 
 to be added to the resolution : 
 
 Prm'ided, That this shall not take effect except upon the 
 fun'dameutal condition that within tho State there shall be 
 no denial of the electoral franchise, or of any other rights 
 on account of color or race, but all persons shall be equal 
 before the law. And tho Legislature of tho State, by a 
 solemn public act, shall declare the assent of tho State to 
 this fundamental condition, and shall transmit to the Pres- 
 ident of the United States an authentic copy of such assent 
 T7henever the same shall be adopted, upon the receipt 
 whereof he shall, by proclamation, announce the fact; 
 whereupon, without any further proceedings on the part of 
 Congress, this joint resolution shall take effect. 
 
 Mr. Henderson moved to insert after the word 
 "race," the words '■ or sex." 
 
 After debate, Mr. Wade moved the postpone- 
 ment of the further consideration of the sub- 
 ject until the first Monday of December next; 
 which was not agreed to — yeas 12, nays 17, as 
 follows : 
 
 Yeas— Messrs. Brown, Buckalew, Carh'le, ChandleT, Davis, 
 Hendricks, Howard, Powell, Riddle, Sumner, Wade, Wright 
 
 Nats — Messrs. Clark, Dixon, Doolittle, Foot, Foster, Har- 
 lan, Henderson, Howe, Lane of Indiana, Lane of Kansas, 
 Morgan, Pomeroy, Uamsey, Ten Eyck, Tnmibull, Willey, 
 Wilson— 17. 
 
 The remainder of the sitting was consumed 
 
APPENDIX. 
 
 581 
 
 in formal motions to adjourn, and in debate; 
 
 and the subject was not again readied during 
 
 the session. 
 
 IN HOUSE OF REPRESENTATIVES. 
 1864, December 13 — Mr. Eliot offered a joint 
 
 resolution decl .ring that the State of Louisiana 
 
 may r^^sume its p'^litical relations witli the 
 
 Government of the United States. Referred to 
 
 the Ciimraittee on the Judiciary. 
 
 18G5, February 11 — Mr. Dawes, from the 
 
 Committee on Elections, made this report : 
 
 Tlie Committee of Elections, to whom u'cre referred the cre- 
 dentials of M. F. Bonzano, cluiming a seat in this house 
 as a representative from the fr.'it congressional district in 
 Louisiana, submit the following report: 
 The election upon -wbich Mr. Bonzano claims the seat 
 
 was held on the 5th of September, 1864. The number of 
 
 votes cast was — 
 
 For Mr. Bonzano 1,609 
 
 For all others I,4o0 
 
 Total 3,005 
 
 This election derives its authority from the constitutional 
 convention wliicli commenced its session in New Orleans, 
 April 6, ls04, which amended essentially and adopted anew 
 tl e constitution of Louisiana, and, among other things, 
 did on the 22d of July, 1864, divide the State into five con- 
 gressional districts, in accordance with the number of rep- 
 resentatives assigned to that State in the apportionment 
 under the census of 1860, and ordered an election to be 
 held on the first Monday of September, 1SG4, to till the 
 vacancies caused by the failure of the State hitherto to 
 elect representatives to the present Congress. As tlie elec- 
 tion under consideration derives its authority from this 
 convention, a racitiil of the main facts cimnected with the 
 origin and action of that convention becomes necessary to 
 a proper understanding of the subject. 
 
 From nearly the commencement of the rebellion till the 
 appearance of the federal fleet under Commodore Farragut 
 before the city of Now Orleans in April, 1802, the State had 
 been overrun by the rebel armies, and the governor had 
 traitorously aliandoned his duty and post, leaving the peo- 
 ple without loyal government, and delivered over to the 
 rebellion. Upon the taking possession of New Orleans by 
 General Butler on the 1st of May following, he issued a 
 proclamation, in which, among other things, he invited 
 ■' all persons well disposed towards the government of the 
 United States" to renew tlieir oath of allegiance, and 
 promised to such the protection of the armies of the United 
 States. Under this proclamation sixty-one thousand three 
 hundred and eighty-two (61,382) citizens took the oath of 
 allegiance before the close of the following October. Sub- 
 sequently, as the rebel army retired from other portions of 
 the Slate, and the federal army advanced and extended its 
 lines, the citizens of the districts or parishes thus delivered 
 from the restraint of the rebellion also promptly came for 
 wardandrenewed their allegiance to the government of the 
 Union. Soldiers, white and black, enlisted into the armies 
 of the Union, and in New Orleans many of the citizens 
 formed themselves into home-guards, to assist the federal 
 authorities in case of an attack by the rebels. 
 
 As fast as new parishes were brought into the federal 
 lines and tlie people in sufficiently large numbers renewed 
 their allegiance, and recognized the authority of the 
 United States, the military governor of the Statu appointed 
 judges, justices of the peace, clerks of courts, shcrills, con- 
 stables, and other civil officers, and performed all the acts 
 which legally and constitutionally devolve upon the gover- 
 nor of Louisiana. In all of which her loyal citizens ac- 
 quiesced and rendered an unquestioned obedience. 
 
 Under a proclamation issued by tlie then military gover- 
 nor, November 14, 1862, an election was held December S, 
 1862, for representatives in the 37th Congress from the first 
 and second congressional districts of the State, under the 
 old apportionment and theliw of Louisiana as it existed 
 before the rebellion. In the first, 2,043 votes, and in the 
 second 6,117 votes were cast at this election. And the gen- 
 tlemen claiming to have been thus duly elected presented 
 their credentials to the last Congress, which, after careful 
 examinatinn and full discussicm/admitted them to seats as 
 members The admission of these representatives to seats, 
 and the opportunity which it gave to the loyal sentiment 
 of the State to be heard and make itself manifest, had a 
 most salutary effect upon the people of that State, and 
 from that time the desire for a new State government and 
 a resumption of State functions r.ipidly increased through- 
 cut all tliat portion of the State within our lines. 
 The major geueral commanding iu the department of the 
 
 Oulf, yielding to the pressure from all sides that he would 
 give direction to some practical end to the efforts which 
 this desire on the part of the people was pr()nii)ting to re- 
 organize and re-establish tlieir State government, did, 
 under the direction of the President, issue on January 11, 
 1864, a proclamation which is annexed to this report, in- 
 viting the people of Louisiana to participate in an election 
 on the 22d of February of State officers under the consti- 
 tution and laws of the State, except so far as they related to 
 the subject of slavery, which were declared to be to that 
 extent suspended anil inoperative. Several orders intended 
 to secuie freedom of election and conformity aa far as pos- 
 sible to the laws of Louisiana previous to the rebellion were 
 issued by the general commanding, and the evidence is satis- 
 factory to the committee that to the extent of the federal 
 lines this election was general, conducted in good order, 
 free from milittiry or other control, and largely participated 
 in by the people. 
 
 It' resulted in the election of State officers by a vote of 
 11,414. At this election no person voted who w,is not by 
 the constitution and laws of Louisiana a voter, except sol- 
 diers and sailors in the service of the United States who 
 were citizens of Louisiana and in tlie Sato at the time of 
 the election, to the number of 808. All who voteil took 
 the oath prescribed by the President in his proclamation of 
 December 8, 1SG3. 
 
 These officers were installed on the 4th of March follow- 
 ing at New Orleans, iu presence and with the acclaim of a 
 hirgo concourse of people, estimated at 50,000. On the 
 eleventh of the same month the commanding general is- 
 sued another order, which accompanies this rejjort, calling 
 for an election of delegates to a convention for the revision 
 and amendment of the constituiion of the State. The 
 governor by a proclamation joined in this call. All par- 
 ties were consulted in reference to this election, and 
 differed only as to the time of holding it. 
 
 This convention commenced its sessions at New Orleans, 
 April 6, 1864. and adjourned on the 2.:.th of July. The 
 entire proceedings and debates of this body have lieen laid 
 upon the tables of the members of this bouse. The ino-t 
 important changes in the constitution of the State pro- 
 posed by it were those in relation to slaveiy. The follow- 
 ing were adopted by it, as the first and second articles of 
 the constitution : 
 
 TITLE I. 
 
 EMANCIPATIOX, 
 
 Article 1. Slavery and involuntary servitude, except as 
 a punishment for crime, whereof the party shall have been 
 duly convicted, are hereby forever abolished and prohibit- 
 ed throsghout the State. 
 
 Article 2. The legislature shall make no law recogniz- 
 ing the right of property in man. 
 
 The proceedings of the convention were, by proclamation 
 of the governor, submitted to the people for ratification or 
 rejection on September 0, 1S64, and were ratified without 
 material opposition. The whole number of votes was over 
 9,000. 
 
 This constitutional convention, by an ordinance adopted, 
 divided the State into five Congressional districts, and di- 
 rected elections for representatives to the present Congress 
 to be held in them on the 5th September, 1S64. And inac- 
 coidanre with said ordinance, the governor issued his proc- 
 liiinitii'ii ilirerting elections to be hold in accordance with 
 it. In pursuance of this ordinance of the convention and 
 proclamation of the governor, elections were held in these 
 several distri''ts for representatives in this Congress: and 
 in the first,M. F. Bonzano received 1,009 votes out of 3,005 
 cast. The governor gave him, accoi'dingly, a certificate of 
 his election, which has been presented to the House and 
 referred to this committee. 
 
 The committee have heard Mr. Bonzano in his own be- 
 half, as also Mr. Field, who claims to have been elected at 
 the same time in the second district, (ieneral Banks, and 
 others. The information and arguments submitted by them 
 accompany this report. 
 
 This election depends for its validity upon the effect 
 which the House is di.?posed to give to the efforts to reor- 
 ganize a State government in Louisiana, which have hero 
 been briefly recited. The districting of the St:tto for rip- 
 resentatives, and the fixing of the time for holding tlio 
 election, were the act of the convention. Indeed, the elec- 
 tion of Governor and other State officers, as well as the ex- 
 istence of the convention itself, as well as its acts, are all 
 parts of the same movements. 
 
 It is objected to their validity, that they neither origina- 
 ted in nor followed any pre-existing law of the State or na- 
 tion. But the answer to this objection lies in the factthat- 
 in the nature of the case, neither a law of the State or na- 
 tion to meet the case was a pfissibility. The State was at- 
 tempting to rise out of the ruin caused by an armed over' 
 throw of itK hiwa. They had been trampled in the dust; 
 and there existed nobody in the State to make an enii- 
 bling act. Congress cannot pass au enabling act for a 
 
582 
 
 APPENDIX. 
 
 State. It is neither one of the powers granted by the 
 Beverul States to the general government, nor necessary 
 to the carrying out of any of tliose powers; and all '"the 
 powers not delegated to the United States by the Constitu- 
 tion, nor prohibited by it to the States, aie reserved to the 
 States respectively, or the people" It is preposterous to 
 Lave expected at the hands of the rebel authorities in Lou- 
 isiana that, jirevious to the overthrow of the State goveru- 
 nieut, they should prepare a legal form of proceeding for 
 its restoration. In the absence of any such legal form pre- 
 pared beforehand in tho State, .and like absence of power on 
 the part of the general government under tho delegated 
 powers of the Constitution, it follows, that tho power to re- 
 store a lost State goverunioit in Louisiana existed no- 
 where, or in '• the people," the origin il source of all politi- 
 cal power in this country. The people, in the exercise of 
 that power, cannot bo required to conform to any particu- 
 bir mode, for that presupposes a power to prescribe outside 
 of themselves, which it has been seen does not exist. The 
 resnlt nnistbo repuldican; for the people and tho States have 
 surrendered to tlie United States, to that extent, tho power 
 oVL-r their form of government in this, tJMt " the United 
 States shall guarantee to every State a republican form of 
 government." 
 
 It follows, therefore, that if this work of reorganizing 
 and re-establishing a State government was the work of tbe 
 people, it was the legitimate exercise of au inalienable 
 and inliereut right, and, if republican in form, is entitled 
 not only to recognition but to the "guaranty" of tho Con- 
 stitution. 
 
 The attention of the committee has therefore been direct- 
 ed to tho inquiry how far this effort to restore constitu- 
 tional government in Louisiana has been tho work of the 
 people. Those engaged in tho traitorous attempt to des- 
 troy the government form no part of that people engaged 
 in the patriotic effort to restore it. The government is to 
 be made, if at all, for and by patriots and not by traitors. 
 In answering another and essential question, whetlier a 
 government once erected in that State will bo able to main- 
 tain itself against domestic violence, traitors must be 
 counted, but not for their voice in making the government 
 itself. As well might the inmates of a State prison be enu- 
 merated and consulted upon determining the character of a 
 code of laws designed for their government. 
 
 The evidence before the committee, and all the informa- 
 tion they could obtain, satisfied them that the movement 
 which resulted in tho election of State officers, the calling 
 of a convention to revise and amend the constitution, the 
 ratification of such revisal and amendment by a popular 
 vote, and the subsequent election of representatives in Con- 
 gress, was not only participated in by a large majority, al- 
 most approaching to unanimity, of tho loyal people of tho 
 State, bnt tliat that loyal people constituted a majority of 
 all tho people of tho State. Making proper allowance for 
 those who have been driven out by the rebellion, have gone 
 into its ranks, or perished at its hands, and also for the 
 sparsely settled and insome parts liarren character of near- 
 ly all that portion of the State still outside of the federal 
 lines compared with tho populous and rich and fertile por- 
 tions within, there can be but little d ulit of the correct- 
 ness of these conclusions. The committee refer to the ac- 
 companying statements for the extent, character, and pop- 
 ulation of the portions of the State within and outside the 
 federal lines. 
 
 The committee find from all the facts that this election 
 Wius held under the auspices of a new State organization 
 which hiu? arisen upon the ruins of the old, in as much con- 
 formity to law as the natiwe of the case would permit — in 
 which the loyal people throughout the State acquiesce — 
 and at this moment in the full discharge of all tho functions 
 of a State government. They entertain no doubt of the 
 ability of this government to maintain it.self against domes- 
 tic violence if protected from enemies without. About 
 forty thousand loyal Louisianians, white and black, are now 
 in the armies of the Union, a force amply sufficient to over- 
 awe any lurking discontent, or punish any open resistance 
 within its borders. The committee cannot doubt that it is 
 tho duty of Congress to encourage this effort to restore law 
 and order in Louisiana. Tho pnscedents are many since the 
 rebellion commenced, of tho admission of members where 
 greater irregularities existed than in the present case. In 
 tlio Louisiana case, in tho hist House, the committee h.dd 
 the following language, which was sustained by a very large 
 vote in the Ilouse: 
 
 " Representation is one of the very essentials of a repub- 
 lican form of government, and no one doubts that the Uni- 
 ted States cannot fulfil this oblig.ation without guaranteeing 
 that representation here. It was in fulfdnient of this oblig:i- 
 tion that the army of tho Union entered New Orleans, drove 
 out tho rebel usurpiition, and restored to tho discharge of 
 its apiiropriate functions the civil authority there. Its 
 work is noteiided till tliero is representation hero. It can- 
 not secure that representation through tho aid of a rebel 
 governor. Ueuce the necessity for a military governor to 
 
 discharge such functions, both military and civil, which 
 necessity imposes in the interim 1i«tween the absolute reign 
 of rebellion and the complete restoration of law. Suppose 
 Governor Moore to be the only traitor in Louisiana: one of 
 two things must take place. The people must remain un- 
 represented, or some one must assume to fix a time to hold 
 these elections. Which alternative approaches nearest to 
 republicanism, nearest to the fulfilment of our obligations 
 to guarantee a republican form of government to that 
 people — closing tho door of representation, or recognizing 
 as valid the time fixed by the military governor ? Are this 
 people to wait for representation here till their rebel gov- 
 ernor returns to his loyalty and appoints a day for an e ec- 
 tion, or is the government to guarantee that representa- 
 tion as best it may ? The committee cannot distinguish 
 between this act of the military governor and the m.any 
 civil functions he is performing every day, acquiesced in by 
 everybody. To pronounce this illegal and refuse to recog- 
 nize it, is to pronounce his whole administration void and 
 a usurpation. Eut necessity put him there and keeps him 
 there." 
 
 In another case, that of Andrew J. Clements, of Tennes- 
 see, the committee of the last Ilouse, after a careful exami- 
 u;ition of tlie whole subject, submitted a resolution, which 
 was unanimously adopted by the Ilouse. in favor of his 
 right to the seat he claimed, based upon the following con- 
 clusion : 
 
 " In conclusion, the committee, upon tho whole evidence, 
 find that on tho day of election no armed force prevented 
 any considerable number of voters in any part of the dis- 
 trict from going to the polls, and that on that day, in con- 
 formity with the forms of law, two thousand votes at least 
 were cast for the memorialist as a i eprcsentative to this 
 Congress, and none, so far as the committee know, for any 
 other person. They therefore report the following resolu- 
 tion, and recommend its adoption." 
 
 The committee of the present Ilouse have had occasion 
 repeatedly to state tho same positions in coming to conclu- 
 sions upon similar cases, in which they have been sustjiined 
 by tho Uouse. They are strengthened in these conclusions 
 upon a re-examination of them in the pi*sent case, and 
 tliey therefore submit the following resolution : 
 
 liesolved. That M. F. Bonz ino is entitled to a seat in 
 this Ilouse as a representative from the first congressional 
 district in Lou' 
 
 Messrs. Smithers and Upson presented this 
 minority report : 
 
 The undersigned, minority of the Committee of Elections, to 
 which was referred a certain paper, jmrpnrting to be the 
 credentials of M. F. Bnnzano as representative from the 
 first congi-essioncd district of the State of Louisiana, beg 
 leave to submit the following views, dissenting from the 
 report of the said committee as presented by the majonty 
 thereof: 
 
 Before proceeding to consider the facts presented by the 
 meagre and unsatisfactory testimony pr; duced before them, 
 the undersigned deem it proper to suggest, briefly, their 
 views of the condition of Louisiana, the true issue proposed 
 for the c(jnsiderat ion of this Ilouse, an<l the nature and 
 amount of proof requisite to its projier determination. 
 
 The people of Louisiana, acting through their regularly 
 constituted authorities, on the 11th day of December, 1860, 
 ordered a couvention slnd appointed tho i23d d.ay of January, 
 1861, for its assemblage. Pursuant to the act of the legis- 
 lature an election for delegates was held and the conven- 
 tion met on tho day fixed. On the 25th of the same month 
 an ordinance of secession was adopted by a vote of 113 yeas 
 to 17 nays, which, by authority of tho convention, was sub- 
 mitted for r.atifieation and subsequently ratified by a vote 
 of 20,448 to 17,296,* and afterward, on tho 21st day of March, 
 tho same convention ratified the confederate constitution 
 by a vote of 101 to 7. 
 
 In these proceedings, not only the regular authorities, 
 but the people of Louisiana participated. In pursuance of 
 the resolution of tho people of that State acting through 
 approved and organized bodies, the whole public property 
 of the United States, including great treasure and v.ast 
 quantities of munitions of war, was seized by public 
 functionaries and transferred to the political organization 
 styling itself " the Confederate States of America." 
 
 By I fficial acts and resolutions the authorities of Louisi- 
 ana, acting by force of tho powers with which they were 
 invested by the positive sanction of the people, declared 
 the bonds which had theretofore attached that people to 
 the Government of the United States to be disrupted and 
 their allegiance to be transferred to .another sovereignty. 
 The government created by them went into e.\i3tence and 
 
 * This erroneous statement was taken from tho first 
 edition of this work. Sect p.ige 4 of this volume, and the 
 votes given at the close of this chapter. 
 
APPENDIX. 
 
 583 
 
 full operation, and there was no other government in the 
 State of Louisiana nor any other organized body assuming 
 or pretending to exercise civil functions, executive, legisla- 
 tive, or judicial. Thus was established a government de 
 facto. 
 
 The operation of this act was very different as affecting 
 the people and Government of the United States and the 
 people and government of Louisiana. So far as the United 
 States was concerned, and so far as her rights were to be 
 affected, the act was wholly unconstitutional and void. It 
 changed no relation of citizenship or allegiance, and her 
 rights of jurisdiction and sovereignty remained unimpaired, 
 only suspended in their exercise by the presence of a mili- 
 tary pgwer which prevented the operation of civil sover- 
 eignty and the enforcement of the laws through the 
 civil magistracy. The necessity for the assertion of these 
 rights by the suppression of armed resistance to her au- 
 tliority required a resort to force, and a manifestation of 
 opposition by organized rebellion developed a condition of 
 civil war, which to the ordinary incidents of sovereignty 
 superadded the rights of a belligerent power. Thus the 
 State of Louisiana became subject to the laws of war, and, 
 rebellion in that State being yet unsuppressed, there has 
 hitherto been no government there recognized by the 
 United States, except the commander-in-chief of the army, 
 and no law except the military code. 
 
 Though thus inoperative and ineffectual agiinst the gov- 
 ernment and people of the Union, the acts of the people of 
 Louisiana weresutlieient to work a radical change in their 
 relations to their former State government. By their rev- 
 olutiouary but voluntary actions they disorganized then- 
 own political society, abrogated their former political in- 
 stitutions, and erected in their stead a government operated 
 by a magistracy acknowledging no allegiance to our Con- 
 stitution, but holding and administering their offices in 
 derogation of and in hostility to the authority and laws of 
 the United States. 
 
 By these disorganizing acts the sovereign power of Loui- 
 eiana reverted to the loyal people of that State, and was held 
 in abeyance until such time as by the suppression of the 
 rebellion and the overthrowoftheusurping authority they 
 should be rendered capable to resume the functions of gov- 
 ernment through the organic action of the people, mani- 
 festing their will by their voluntary choice of a government 
 republican in form, and subordinate to the Constitution and 
 laws of the United States. 
 
 \yiiether this has been accomplished is the primary ques- 
 tion to be determined, for until there is an organized State, 
 there is no right or capacity to be represented in the Con- 
 gress of the United States. 
 
 In the determination of this question the burden of proof 
 is on those who seek for admission, or claim any benetit 
 under or by force of the establishment of such pretended 
 government. It is matter of public history, recognized 
 and certified by the official acts and declarations of this 
 government, that the inhabitants of the State of Louisiana 
 were in insurrection against the United States, and that 
 such condition still remains wholly unchanged or unaf- 
 fected by any rescission or modification thereof. 
 
 lias evidence been presented which authorizes this bouse 
 to declare that the people of Louisianti, by any proper mode 
 of expression, have changed the status in which they were 
 placeil by their own acts and established a republican gov- 
 ernment ? Such only is the form contemplated by the Con- 
 stitution; such only hiisany title to representation on this 
 floor; such only is the United States bound to guarantee 
 or authorized to recognize. 
 
 The indispensable quality of such government is that it 
 Bhall emanate from the people, and not only must it be 
 derived from the great body, but tlieir agency in its organ- 
 ization must have been voluntary. The idea of restraint 
 is incompatible with volition. The government must not 
 only rest on the consent of the governed, but that consent 
 must not be procured by force or intimidation. 
 
 H is not sufficient that the result may show that a gov- 
 ernment apparently republican lias been created, but the 
 creation nuist be the exercise of a will ULaffected by the 
 presence of an overawing power. 
 
 The erection of a State government is a purely civil act. 
 It has no affinity or connection with martial law. The civil 
 power is alone capable to distinguish or declare the fiict of 
 its establishment or the essential conditions of its exist- 
 ence. ThoCongressof the United States is the only body 
 having authority, primarily, to recognize the government 
 of a State. Neither - the Executive nor any subordinate 
 military commander has capacity to inccptor consummate 
 its crealicn. The undersigned do not insist that an act of 
 Cmur -^ i !i < sv;,ry as a prerequisi te to enable the people 
 ot I. \<vn\ a government, but the jntlgment of 
 
 C'Hi I II ( passed on the result of the action of the 
 
 r-'i'^i'i' i-"gnition of their act. before representa- 
 tives can be entitled to admission on this floor. This house 
 must he satisfied that their constitution is orduiued in ac- 
 
 cordance -with their deliberate and tinforced %vill, before it 
 it can lend its sanction to the act or recognize its validity. 
 Two questions, therefore, are presented for consideration: 
 
 1. Did tUe great body of the loyal people of Louisiana, in 
 fact, participate or clearly concur in iho establishment of 
 the government offered for recognition? 
 
 2. Was their act the result of their deliberate will and 
 voluntary choice, unp-ocured by military interference? 
 
 If both these questions are affirmatively answered, then 
 the State government set up by the convention of 1SG4 is 
 entitled to be recognized; if either is negatived, then there 
 can be no pretenceof right tosuchrefoguition,or to the ad- 
 mission of representatives from the State of Louisiana. 
 
 In considering these questions, it is ni itter of regret that 
 the testimony before the committee was so limited, being 
 confined to tiie statements of Major General Banks and A. 
 P. Field, and the evidence of R. V. Montague and Luther 
 V. Parker, all produced by and in support of the right of 
 the claimants. 
 
 No one appeared to contest the recognition of the State 
 government, or to dispute the validity of the credentials of 
 the pr-iposed members. The committee had, therefore, no 
 opportunity to examine witnesses adverse to them, al- 
 ihough it is well understood that there are many who dis- 
 sent from the action pretended to have been had in Loui- 
 siana, and we are compelled to decide this grave matter 
 upon the ea; parte declarations of per.sons interested in, or 
 manifestly strongly affected toward, the recognition of the 
 government inaugurate<lby the convention. Withcircniu- 
 stances so unfavorable to a proper exhibition of the f icts 
 attending its organization, the undersigned proceed to con- 
 sider the two material questions proposed : 
 
 1. Did thegreatbodyof the loyal peopleof Louisiana con- 
 concur in the establishment of the State government de- 
 manding our recognition? 
 
 There are forty-eight parishes in the State of Louisiana, 
 including the city of New Orleans. Of these, nineteen, to 
 wit: Orleans, Ascension, Assumption, Avoyelles, East I5a- 
 ton Rouge, West Baton Rouge, Concordia, East Feliciana, 
 Jefferson, Lafourche, M.adison, Plaquemines, St. Bernard, 
 St. James, St. •John the Baptist, St. Mary, Terrebonne, 
 Iberville, and Rapides, sent delegates by a total vote of 
 about 6,.500, leaving .the residue of the State, or twenty- 
 nine parishes, unrepresented; and at the election for the 
 ratification of the constitution, held on the 5th of Sep- 
 tember, 1S61, being alsothedayon which representatives to 
 Congress were voted for, the number polled, as returned to 
 the committee, was about 8,000, of which some 6,500 were 
 cast ill the city of New Orleans alone, the votes in the 
 fourth and fifth congressional districts amounting, in the 
 aggregate, to G76. 
 
 This convention was composed of ninety-five delegates, 
 of which number the parish of Orleans was represented by 
 sixty-three, leaving to tJie country parishes the residue of 
 thirty-two. The undersigned have no definite information 
 of tlio number of votes polled in each parish, either at the 
 election of delegate-!, or on the question of ratification, nor 
 the number cast for the constitution, uor, if any, against 
 it, but they are enabled to furnish some indication of the 
 vote outside of New Orleans by the sparse returns which 
 they gather from the journal of the convention. 
 
 It appears fhatthe parish of Ascension, within our lines 
 and neighboring to New Orleans, and which in 1S60 had a 
 white population of 3,940, elected her delegates by 01 
 votes; that Plaquemines, with a white population in ISGO 
 of 2,529, cast 246; and in the parish of Madison, the wit- 
 ness Montague was elected by a vote of 28. 
 
 It is admitted that elections were held only in the par- 
 ishes included within our lines, and that these lines were 
 the Teche on the one side an.l the Amito on the other, 
 comprehending the parish or city of Orleans, and the 
 neighboring p.ari.shes on the Mississippi. To a question 
 propounded to General Banks as to what portion of the 
 State voted, his reply was : 
 
 "Alias far up as I'oint Coupefe, and there were some 
 men from the Red river who voted at Vidalia." 
 
 And in his statement ho announces that — 
 
 " The city of New Orleans is really the State of Loui- 
 siana." 
 
 In 18C0 there were 357,629 whites in the State, .of 
 whom 149.063. or much less than one-half, were in New 
 Orleans, so that in no legitimate sense can it be said that 
 it constitutes the State. It is incredible that there are not 
 many loyal men, the test of loyalty being ile> uillin rn.ss 
 to t.ikean oath of allegiance, who were eniiUi 1 lo iiinage 
 upon the question of the formation of th ii- u \ nnii at, 
 but who, from the control of the public eii.-m.v, had no op- 
 poriunity to vote. But assume the statement ti> be true, 
 it is in evidence that there are not less than l:',,00[l regis- 
 tere 1 and qualified voters in the city of New Oileans alone 
 who have taken the oath pre.ieribod by the proclamation 
 of the President, ainl the vote c;ist at tiie ratification and 
 the election for members of Congress Ueuiimstrutes that 
 
554 
 
 APPENDIX. 
 
 not more than one-half the number of those entitled to 
 vote in that city voted at that election, to say nothing of 
 tho residue of the State. 
 
 In tho Buggestions presented by General Banks to the 
 Judici-iry Committee of tho Senate, ho attempts (o account 
 for the meagre vote by tho operation of three causes: 
 
 '•Int. 15y t lie fact that no opposition to tho constitution 
 was manifested in public or private, and no special effort on 
 tho part of its friends was required to secure its adoption. 
 '•2d. That tho fact that much uncertainty existed as 
 to tho probable ratification of the form of government 
 by the Congress of tho United States, deterred many per- 
 sona from supporting it who would gladly have done so had 
 thiy known it to be in accordance with the wishes of the 
 government: and, 
 
 '■3d. li'rorn the belief that it was possible that the rebel 
 authority in this State miglit hereafter be established, 
 whoa persons participating in the reorganization would 
 sulfer in consequence of that act. 
 
 " These last considerations affected many perfectly well 
 disposed and naturally loyal but timid persons. 
 
 " Had a contest upon tho constitution been made by the 
 opponents of emancipation, and hart it been generally un- 
 derstood that the autliority for organization would have 
 been approved by the government of tho United States, the 
 vote in this election would not have been less than 1.5,uOO." 
 
 As to the cause first assigned, without intimating that 
 General Banks does not speak according! to his belief, in view 
 of the testimony of Messrs. Field and Parker, who were 
 doubtless better informed, the undersigned must bo per- 
 mitted to doubt the accuracy or extent of his knowledge; 
 for it is unquestionable that tliero was much private if not 
 public hostility to its ratification. 
 
 The other causes alleged are very striking, as demonstrat- 
 ing not tho concurrence of tho people, but exactly tho re- 
 verse, and indicating a settled purpose not to have anything 
 to do with tho election. They found very sulRcientgrounds 
 for not participating, and tho undersigned suggest that thuy 
 are fatal to the reasoning of General Banks. 
 
 Mr Field felt the force of the olijection on that point 
 and endeavored to avoid it. In accounting for the paucity 
 of the vote, ho says : 
 
 "It may be asked, and with some propriety too, why did 
 wo not poll a larger vote? That was beyond our control. 
 You see, the party representing the McClellan interest re- 
 fused to vote. They would havo no participation in tho 
 election. The party representing the interest of Mr. Dur- 
 ant would not vote lor what they called a bogus govern- 
 ment. We could not force them to vote. "Tliey wore 
 qualified, for they had taken tho oath of allegiance." 
 
 Luther V. Parker, also, speaking in relation to tho can- 
 vass, gives his experience and the resultof his observation: 
 
 " Tlie election Wiis as fully canvassed as any, and those 
 who wanted to speak and oppose tho adoption of the con- 
 stitution, spoke as freely as they would at any other time 
 or pla''e. I was one of the speakers at the election for 
 members of Congress, and I know tho contest was a sharp 
 one. There were all the elements of ojiposition brought 
 to bear that could be and in every shape and form. The 
 only thing that we had trouble with was, that there were 
 certain parties there who would not vote either one way or 
 the other. 
 
 "Question. By Mr. Dawes Why? 
 
 '■Answer. They would not give any reason why. 
 
 "Question. Were they parties professing to be loyal? 
 
 " Answer. Parties reputed to be loyal, and we' had no 
 reason to believe them to be disloyal. 
 
 " Question. By Mr. Smithers. What proportion of such 
 men was there? 
 
 " Answer. I cannot tell. 
 
 " Question. Was the number large or small ? 
 
 " Answer. Pretty largo. 
 
 "Question. By Mr. Dawes. Who represented those men 
 who declined to participate in tho election? 
 
 "Answer. I understood Durant and Fellows, and a few 
 such men.' 
 
 It is true that General Banks, in his statement, says, in 
 reply to tho question as to « hat portion of the loyal people 
 of Louisiana are represented by tho views which Mr. Dur- 
 ant entertains: 
 
 " There are not enough to appear at tho polls. It is a 
 party of chieftains without an army." 
 
 But it is manifest that those who are better acquainted 
 with the facts place a higher estimate on their numerical 
 strength, since they allege their defection as one of the 
 chief reasons for tho smallness of the vote. 
 
 General Banks, in his statement to tho Senate Committee, 
 estimates the number of registered voters within tlio Union 
 lines at from 15,000 to 18,000; so that not more than one- 
 half participated in the erection of tho new government, 
 even of those within the lines actually held by the army, 
 to say notliing of those who lived in all the State of Lou'i- 
 giaua lying without our occupancy, aud this, too, upon the ' 
 
 supposition that every Tote that was cast was in favor of 
 
 ratification. 
 
 But it is argued that having an opportunity to vote, 
 their refusal to avail themselves of the privilege was the 
 fault of the recusants, and that they are bound by the acts 
 of those whoe.xercisetho power of suffrage. 
 
 From this proposition the undersigned wholly dissent. 
 Whatever forco the suggestion might have in the case of 
 the choice of representatives or other officers chosen at an 
 election established by and held in conformity with an ex- 
 isting law prescribing such election, they are unable to 
 perceive its application to tho creation of a government 
 and tho adoption of a constitution emanating and deriving 
 its sanction from the original action of the people, much 
 less to an election ordered by the military power withoat 
 warrant of law. On the contrary, it was, in their judg- 
 ment, requisite to the establishment of such government 
 that itshould have received tho support and sanction of a 
 majority of the loyal people of Louisiana. 
 
 In his statement to the committee. General Banks directs 
 attention to tho topography of the State of Louisiana, for 
 tho purpose of estaidishing tlie fact that the lands capable 
 of pruduction aro along the river banks, and that the larger 
 portion of arable and therefore inhabited lands are within 
 the Union lines, suggesting thereby tho presence of popu- 
 lation. 
 
 Unless he intended this inference, it is difficult to dis- 
 cover the pertinency of the allusion or the value of his ob- 
 servations in this behalf. In chis suggestion he has been 
 even more unfortunate than in relation to the number of 
 votes. 
 
 By computation from the photographed map furnished 
 to tho conmiittee, it appears that within the lines nomi- 
 nally held by the Union arms, there aro 982,714 acres of im- 
 proved lands, while in the parishes wholly outside, and over 
 which there is no pretence of control, there are 1,574,307 
 acres. This result is produced upon a calcubitiou most 
 favorable to tho claimants, since it embraces parishes, such 
 as Rapides, Concordia, Avoyelles, and St. Martin's, which, 
 while nominally within our lines of control, are really 
 abandoned. From this computation tho parishes of Bien- 
 ville without aud Assumption and St. Bernard within our 
 lines are excluded, no data concerning them being fur- 
 nished by the map. 
 
 Without pursuing this branch of the investigation fur- 
 ther, tho undersigned suggest that the first question .should 
 bo negatively answered, and that, in view of the facts, it 
 may be truly averred that the people of Louisiana did not 
 participate or concur in the establishment of the govern- 
 ment presented for recognition. 
 
 The second question is whether tho government pre- 
 tended to be formed was tho result of the voluntary act of 
 the people of Louisiana, unprocured by military interler- 
 ence. 
 
 This will be best answered by the history of its estab- 
 lishment, by the views of its authors, and its actual capa- 
 bility to effect the purposes for which civil governments 
 are created. 
 
 It is testified by Major General Banks, and admitted, that 
 tho duty of organizing a Government in the State of Lou- 
 isiana was committed by the President to General Shepley, 
 then military governor of New Orleans, and to Thomas J. 
 Dur.int, an eminent citizen of that city ; that, in pursuance 
 of tho power thus vested in them, they proceeded to some 
 extent in the enrollment of voters and in develoijing senti- 
 ments of loyalty among the inhabitants. The work of re- 
 organization not proceeding with sufficient rapidity to sat- 
 isfy tho Executive, in December, 1863, General Banks 
 received a letter from that fuuction.'iry, expressing his dis- 
 appointment at the develqument of loyal feeling, and 
 calling upon him to commuincato the reason. To this let- 
 ter General Banks replied that he could not explain the 
 cause, but that if the President desired an enrollment of the 
 loyal people, or a government organizeil, it could be done, 
 aud if the Executive would give him directions he would 
 do it immediately. In answer to this proffer authority -vtas 
 conferred upon him to take such measures as he thought 
 necessary to organize a loyal free State government by the 
 people of Louisiana, without other suggestion or limita- 
 tion. 
 
 The authority committed to the former agents of the 
 President was revoked, and tho trust was broadly and un- 
 restrictedly confided to the major general commanding the 
 department of the Gulf, the nulitary representative of the 
 commander-in-chief, ruling with absolute authority over the 
 State to be re organized, and of which Stale he declared 
 that " the fundamental law was martial law." In pursu- 
 ance of the authority, in execution of the trust, and in 
 assurance of a complete redemption of the pledge made to 
 the President, General Banks, on tho 11th of January, 
 1864, issued an order for the election of State officers and 
 indicated the 22d of February as the day of election, and 
 subsequently, in consummation of the object with which 
 
APPENDIX. 
 
 585 
 
 ho was chnrge<l, issued another ordor to which the unrler- 
 Bigii'-il call attention. In that order the foUowiug hin- 
 guage is used: 
 
 "Those \v!io have exercised or are entitled to the rights 
 of citi/.ons of the United States will be required to partici- 
 pate in the measures necessary for the re-establishii:ent of 
 civil government." "It is thiTefore a solemn duty resting 
 upon all persons to assist in the earliest possible restoration 
 of civil government. Let them participate in the nieasuros 
 suggested for this purpose. Opinion is free and candidates 
 are numerous. Open hostility cannot be permitted — indif- 
 lennce will be treated as crime and faction as treiusou." 
 
 Xlie undersigned rtgret th-vt they have not a copy of the 
 official order, but they have no douM of the correctness of 
 the quotation, as it is fully confirmed by the statement of 
 M.ijor General lianks before the coniuiittee. He thus 
 speaks ill relation to the election, and the orders issued by 
 him relative thereto: 
 
 " 1 apjiealed very strongly to the people to take a part in 
 the elect! >u. I thought it was necessary, and I said what 
 I thought was right— that the loyal citizen who refused to 
 take any part in the mer.sures necessary for re-estab- 
 lishing the authority of the Government of the United 
 States, or in its political institutions, could not bo consid- 
 ered loyal, and had uot an absolute claim to remain there. 
 But it was never said to any man, ' You must vote ;' ' You 
 shall vote ; if you do not you shall be sent away.' That 
 idea never was enforced." 
 
 Let it be remembered that the question was not con- 
 ceriiinLT tlie enlbrcement of obedieneo to tlie laws of the 
 United States, it was not concerning the repression of iios- 
 tility a;^;iinst its authority, but concerning the re-organiza- 
 tion ut their State government and the electil^n of their 
 municipid otFicers, which they had the absolute right to de- 
 termine, and to which freedom of opinion and action was 
 essential. 
 
 Let it also be remembered that, in his letter to the Pres- 
 ident, General Banks had declared that he could and prom- 
 ised that he would re-organize a State government in Lou- 
 isiana; and that the purpose being so declared, tho agent 
 to efl'eet it was the military commander, vested with com- 
 plete control over the lives and fortunes of the voter, a>.d 
 holding in his hands the terrible enginery of martial law. 
 In view of these facts, it appears to tho undersigned to 
 be the veriest sophistry to declare that " it was never said 
 to any man, ' You must vote.' " 
 
 The iirdcr finds its counterpart in the letter of Mason 
 to the Virginia electors, with the additional incentive to 
 obedience that the major gener.il had at his command all 
 the machinery of militiiry commissions, provost marshals, 
 anil files of bayonets, to enable him to carry his threat of 
 banishment into speedy and unappealable execution. 
 
 It is no answer that he did not do it — it is no palliation 
 that he did not mean to do it — the threat was clearaudun- 
 eqnivecal, the power to enforce it was present, and no man 
 but the major general himself could venture to determine 
 that he would uot execute it. Tho invitation was irre- 
 Bistilde; tlio effect, invincible: people voted; Hahu was 
 declared elected, and the promise of the major general 
 thus far redeemed. 
 
 Immediately following the gubernatorial election, an or- 
 der issued from tho same inexorable authority, command- 
 ing tho choice of delegates to a convention, appointing tho 
 day of election and tho time and place of its assemblage. 
 In pursuance of this command, delegates were chosen, and 
 the first paragraph of the record of tho debates indicates 
 their judgment iis to the source of their power. This jour- 
 nal commences by tho s'atement: 
 
 "This day being fixed by the general order of Major 
 General Nathaniel P. Banks, commanding the United States 
 forces in tlie department of tlie Gulf." 
 
 At a subsequent stage of their proceedings, on page 614 
 of the same juurnal, one of tho mo.st active and appari ntly 
 intluential members, afterwa (Is elected a senator and now 
 appl.viii,; lor admission, arguing tlieir capacity to puiiisli 
 for an alleged cuutempt, thus deliues the origin and power 
 of the convention : 
 
 " We are not only a convention of the State of L"uisiana, 
 but a military power— created and emanatinglrom noother 
 source tiian the military power, and existing by virtue of 
 civil authority if tbe Government of tho United States." 
 
 Willi Mich high origin and unlimited power, it is some- 
 what laiiicrous tliat it was powerless to arrest a simple 
 citi/.en, but was compelled to request of General Banks to 
 issue his order directing his jirovost marshal to take meas- 
 uies necessary to enable the scrgeant-atarnis to bring a 
 newspaper editor beloie the convention. So wholly de- 
 pendent were they mi the niilitarv aiillmritv, and so open 
 in their arkiiowledgment, tliat'lhcy a-srinbled at tho 
 command and sat in tlie shadow ol tlu' K^voni of the major 
 geneial coiiinianding the depai tiucut ol iIk' Gulf. 
 
 Such and so directly undrr the iiistig.itiou of General 
 Banks lieiiig the reorganization of tiie pretended govern- 
 meut, the uiulersigued iuvite attention to the question 
 
 whether it is capable to fulfil the legitimate ohiects of its 
 creation — tho protection of tho citizen in the enjoyment of 
 his civil rights, in the maintenance of commercial inter- 
 course, and the punishment of offenders against its own 
 laws. 
 
 How far it is efToctive for the former will be manifest 
 from an order issued by command of Major General Ilnrl- 
 bnt, so late as Decend)er 21, 1801, and signed by ilarai llob- 
 inson, colonel 1st Louisiana cavalry and provost marshal 
 g jneral. The order is in these words: 
 [ " Special Order No. 145.] 
 
 "1. The military approval on permits for plantation, 
 family, and trade store supplies, when such permits do not 
 e.xceed two hundred and fifty dollars, will in futuie be signed 
 by order of the provost marshal genei\d, bv a eoinniis- 
 
 sioned ofTic r on duty at this ofiice. This si.;'i << u Ii,:ll be 
 
 valid for all military jiosts and for the lo: i v, i n m.^: 
 St. Beriiaiil, l'lai]iu'miiies, Orleans, Jelii m -i ' h li.-^, 
 St. John Baptist, St. .lames, Lafourche, ■I'm. . i,,, ., :,,,,! as 
 much of Assumption and St. Mary as may bo witldn our 
 military lines." 
 
 So utterly unready are the people of Louisiana for civil 
 government, that it is not permitted to the inhabitants to 
 traffic even for family stores, without a military permit, 
 within the parishes considered most loyal, and of these par- 
 ishes there aro only nine within the whole State in which 
 such permit is available. 
 
 If such bo its condition as to commercial intercourse 
 among its own citizens, the undersigned suggest that the 
 government is placed in even a more absurd view as to its 
 helplessness in assuring protection by tho pnni.ihnient of 
 offenders against its own l.vws. In proof of this tliey ask 
 attention to the following order issued by Major General 
 Hurlbut, dated December 27, 1864: 
 ["Special Order No. 349.] 
 
 " o. Upon the official report of the attorney general of 
 tho State of Louisiana that tho ordinary courts of justice 
 are insufficient to punisU the offenders named by him, and 
 in consideration that the State government and courts of 
 Louisiana ovvo their present existence to military authority, 
 it is ordered that Michael Do Courcey, Benjamin Orr, E. 
 Mc.-^li.ine, Y. JI. Robin.son, A. G. Piersou, and B. Wads- 
 woiih, lor )H'culati> n and other offences, be sent for trial 
 bolorotlie military commission now in session in tho city of 
 N.w Oileaiis, aiidofwhich Brigadier General B. S.Roberts, 
 United States volunteers, is prefidout, and that the attor- 
 ney general of the Stateof Louisiana be admitted to appear 
 bclbro said commission as public prosecutor." 
 
 What aconclusive refutation of the allegation of the ex- 
 istence of a government capable to maintain itself, and to 
 fulfil the conditions of its establishment, and how absolute 
 the proof as to the regardiu which it is held by the military 
 authorities ! The attorney general of the State supplicates 
 the major general to supplant the majesty of the law, and 
 to erect a mililary commission to try offences properly cog- 
 nizable by the ordinary criminal tribunals; and with cool 
 complacency General ilurlbut accedes to the request, in 
 consideration that the State government and courts owe 
 their existence to military authority, and graciously per- 
 mits the law oflicer to appear before the military commis- 
 sion to prosecute ofl'ences against the municipal code of 
 Louisiana I 
 
 Surely it is mockery to designate such a government by 
 the ramo of republic, or to dignify such a comniuuity with 
 the title of a Slate. 
 
 Two points are pressed by General Banks with much 
 earnestness as inducements to recognition : 
 
 1. The propriety of recognition as tending to develop 
 loyal 8 ■utiments. 
 
 2. The dauger that the inhabitants will invite French in- 
 tervention. 
 
 Willi due respect, tho undersigned fail to perceive the 
 force of these sU;;gestions. 
 
 Loyalty iu Louisiana, in the main, consists of mere submis- 
 sion to the power having the present asceridency. It is 
 clearly and truly stated by General Banks that little reli- 
 ance is to be placed on an oath of allegiance as a test of 
 fidelity, and it is notorious that the major portion of those 
 wiihiu the Union lines, an 1 nearly all tho delegates to tho 
 convention, took the oath of adegiance to " thoConlideiato 
 States," and so long as their power was maintained in Loui- 
 siana, either voluntarily or compulsorily,demonstrateil their 
 faitlifulness by obedience. Upou the occupation of New 
 Orleans by tho Union forces the same persons, with equal 
 readiness, took the oath prescribed by the President's proc- 
 lamation, and so long as we hold occuiiaucy and control 
 will remain faithful — but no longer. Should the rebel arms 
 again prevail there, tho greatbody will succumb and relapse 
 into acquiescence in its supremacy. 
 
 The only elTective mode is to suppress the rebellion in the 
 Stati — t.i destroy tho government at Shreveport — to take 
 permanent occupancy of the country, au<l give such assur- 
 ance of protection as will enable the people to rest secure 
 
686 
 
 APPENDIX. 
 
 in their demonstrations of fldolity. This is not to be done 
 by the creation or recognition of improvised or inii)oient 
 civil governments, but by the steady advance of tlie army, 
 brinsiiig the iuhabitanta under our permanent control. 
 
 When tliis shall have been done, the work of restoration 
 and reorganization will be desirable and easy of attain- 
 ment. Until it shall have been accomplished all schemes 
 of reconstruetion are futile, resulting only in the creation 
 of quasi civil governments wholly subject to military au- 
 thority, and incapable of furnishing protection or insuring 
 reepect. 
 
 The suggestion of French interference and apprehension 
 for the safety of New Orleans savors of the argument ad 
 captandum. 
 
 The undersigned will be permitted to observe that France 
 is affected by no consideration of the prescuL-o or aliseuce of 
 ciril government in Louisiana. Without uiiderr.iting the 
 importance of the city of New Orleans or tlie navigation 
 of the Mississippi, they suggest that their salcty is better 
 insured by naval armaments, well appoiuteil fortilications, 
 and the baj'onets of our gallant soldiers, than by the un- 
 substantial sovereignty vested in Governor liahn. Foreign 
 intervention has been prevented, not by considerations of 
 national morality or the arts of diplomacy, but by the 
 manifestal ion of the po war and energy of the people of the 
 United States, by her stupendous resources, by her won- 
 derful invention in tlie perfection of the enginery of war, and 
 by the prowess of her army and navy, rendering doubt- 
 ful, if not desperate, the issue of any conflict on land or 
 Bea. 
 
 These are the instrumentalities upon which we must rely, 
 not only for the safety of New Orleans but for the final 
 N suppression of the rebellion, until whit-h time the question 
 should be, not how soon States shall bo reorganized and 
 members be admitted on this floor, but how they shall be 
 restrained from setting u;) govcnunc^nts without a people 
 and proposing representatives without constituencies, to 
 the danger of feeble legislation and the detriment of the 
 republic. 
 
 In view of the facts elicited by tho investigation of the 
 matter committed to them, the undersigned submit the 
 following resolution, dissenting from the vote of the majori- 
 ty of the conimitteo : 
 
 Hesolved, That M. F. Bouzano, claiming to bo a repre- 
 sentative from the flrst congressional district of Louisi- 
 ana, is not entitled to a seat in this House as a member 
 thereof. 
 
 N. B. SMITIIERS, 
 CllAS. UPSON. 
 February 17 — An affirmative report was pre- 
 sented in the cases of A. P. Field and W. D. 
 Mann, claiming seats from the second and third 
 congressional districts in Louisiana bas»d upon 
 the reasoning and facts stated in the preceding 
 report. 
 
 No votes were taken. 
 
 THE ARKANSAS QUESTION. 
 IN SENATE. 
 1865, January 27 — Mr Pomeroy .introduced 
 this joint resolution, which was referred to the 
 Committee on the Judiciary : 
 
 FOK THE RETURN OF ARKANSAS TO THE UNION. 
 
 Whereas the President of the United States, by a proclama- 
 tion bearing dalethosixiecnth day of Augubt,ono thousand 
 eight hundred and sixty-one, did, among otiier things, de- 
 clare that tho inhabitants of the State of Arkansas were in 
 a condition of insurrection against the United Slates, and 
 that all commercial intercourse between the said State, and 
 tho inhabitants thereof, and the citizens of other States, 
 and other parts of tho United States, was and would remain 
 unlawful, until such insurrection should cease or be sup- 
 pressed; and whereas, by Wieir own act, the citizens of a 
 portion of the said State met in convention, at Fort Smith, 
 on the tliirti(!tli day of October, anno Domini eighteen hun- 
 dred and sixty-three, and passed resolutions rceominending 
 tho choosing ot delegates to a St.ite convention ; the vi4;o- 
 rous prosecution of tho war, as long as rebels in arms 
 against the government of the Unite.l States could be 
 found, and the abolition of the institution of slavery, and 
 announcing further the detrrminalion to support the ad- 
 ministration in it-; tflbrts to suppress the existing rebellion ; 
 and which movonieiit was h.^arlily seeon.le.l by thousan.ls 
 of the loyal eiti/.uns of the State, wh >, xvitlioiii I;iiowle.lge 
 that an amnesty proclamation was aliout to b.' in-omnl-atcil, 
 Were earnestly desirous of being ieciigni/,ed again by the 
 general goveriinient; and whereas, under tlie Piesnleiifs 
 procl^^mation of December eight, eighteen hundiud and 
 
 \ 
 
 sixty-three, and his instructions to Major General Steele, 
 then commanding the department of Arkansas, bearing 
 date January twenty, eighteen hundred and sixt}--four, a 
 State government was duly, and without military restraint, 
 organized on tho fourteenth, fifteenth, and sixteenth days 
 of March, anno Domini eighteen hundred and sixty-four, 
 and a constitution republican in form and forever prohibit- 
 ing slavery and involuntary servitude, except for the pun- 
 ishment of crime, was ratified by a vote of twelve thou- 
 sand two hundred and twenty-six for, to one hundred and 
 seventy-seven against it; and whereas the progress of our 
 arms has been such in Arkansas as to justify the re-estab- 
 lishment of a State government therein, and tho evidences 
 of the li yalty of tho people of this State, evinced by their 
 united and cordial support and adherence to this constitu- 
 tion and the laws made under it, and by furnishing over 
 six full regiments and a battery for the cause of the Union 
 in this national conflict are sufficient to entitle their claim 
 for the recognition of their present State government to 
 the favorable action of Congress : Therefore, 
 
 i>« it resolved, die.. That the President of the United 
 States be, and he is hereby, authorized and requested to 
 issue his proclamation declaring tlie inhabitants of Arkan- 
 sas no longer in a state of insurrection against the United 
 States, and relieving them from the restriction upon their 
 coniniereial intercourse with the " citizens of other States, 
 and other parts of the United States," created by the said 
 proclamation. 
 
 Sec. 2. That the senators and members of the House of 
 Representatives from the said State elected under and by 
 virtue of tho new constitution thereof, to represent tho said 
 State in the Congress of tho United States be permitted to 
 take their seats upon presentation of the usual and proper 
 credentials. 
 
 IN HOUSE OF REPRESENTATIVES. 
 18G5, February 17— Mr. Dawes, from the 
 Committee on Elections, made this report : 
 The. Ccmmittec of Elections, to whom were referred the ere- 
 de?itials of T. M. Jacks and J. M. Johnson, claiming seats 
 in this House as rejirescntatives from the first and third 
 congressional districts of Arkansas, submit the follow- 
 ing report : 
 
 There seems in Arkansas at all times to have been a large 
 number of unconditional Union men. It is evident that 
 tho so-called secession ordinance was not jiassed in accord- 
 ance with the wishes of the people of the State. The con- 
 vention elected in 1S61 was largely Union, but, without in- 
 structions from the people, passed tho ordinance of se- 
 cession. 
 
 After three years of war and desolation, the loyal peo- 
 ple of Arkansas assembled in convention at Little liock in 
 January, 186i. The result of the convention's delibera- 
 tions was the amending of tho State constitution, the ap- 
 pointment of a provisional governor, lieutentant governor, 
 and secretary of state, and the designation of the 14th, 
 li'ih, and IGth days of March as the time for holding a 
 general election throughout tho State. 
 
 Theactsof this convention, judging from the statements 
 of its members, were rather suggestive than obligatory. 
 Indeed it did not claim its acts as binding until they were 
 ratified by the people, which was done with a unnnimity 
 seldom met with. At the election on tho 14th. 15th, and 
 16th of March the acts of the convention were api)roved 
 by 1'2,1T7 voters, while they were disapproved by only 220. 
 At that election the people of more than forty countie^ 
 elected State and county officers necessary to set to work 
 again the machinery of a loyal State government ^vhich 
 had been overthrown by the rebellion in the month of May, 
 1861. 
 
 On the 18th of April, 186-t, the State government was 
 formally inaugurated, since which time it has been strug- 
 gling for an existence under difficulties which those who 
 are strangers to its trials cannot properly appreciate. 
 
 The amended constitution differs from the constitution 
 of tlie State before tho rebellion in but a few important 
 particulars.. 
 
 1st. It forever prohibits slavery or involuntary servitude 
 which it does in the following words, viz: 
 [Extract from the present Constitution of tho State of 
 Arkansas.] 
 Article V. 
 Abolishment of Slavery. 
 Sec. 1. " Neither slavery nor involuntary servitude shall 
 hereafter exist in this State, itherwise than for the punish- 
 ment of crime, wliereof the party shall have been convicted 
 by due process of law ; nor shall any male person arrived at 
 the age of twenty-one years, nor female arrived at the age 
 of eighteen years, b(^ held to serve any iierson as a servant, 
 under any indenture or contract heiealter made, uiili'SS 
 sueli pei'soii sliall enter into such indenture or contr.iet 
 while in a slate of perfect freedom, and on condition of 
 
APPENDIX. 
 
 587 
 
 a ''(»!n fide consideration received, or to he received" for 
 tlicir services. 
 
 " Nur shall any indenture of any negro or mulatto liere- 
 alter made and executed out of this State, or, if made in 
 this State, when the term of service exceeds one year, be 
 of the least validity, except those given in case of appren- 
 ticeship, which shall not he for a longer term than until 
 the appreutice shall an-ive at the age of twenty-one years, 
 if a male, or the age of eighteen years, if a female." 
 
 It also provides for the office of lieutenant governor, an 
 office not known to the old State constitution. 
 
 The s\ipreme judges of the State are, under the amended 
 constitution, elected by the people ; under the old they 
 were chosen by the legislature. There are some other 
 trifling differences relating to the trial for cases of assault 
 and battery, the amount of claims that may bo tried be- 
 fore a j iistice's court, &c. 
 
 The preamble to the Constitution repudiates emphat- 
 ically the rebel debt of the State, and declares null and 
 Vuid all acts of rebel niapstrutes dune umler tlic authority 
 of the rebellion, save thr sulcniuization ,-f iiKitriini.iiy, the 
 act of conwyaiiciu!;-, and (.tU-isol .Miuilar iiatuiv provided 
 fo; under like < iicuinstaliifs iiinln- the cuiiiiiimH law. 'Ihe 
 C'luvi'iition alsci iirmideil that all laws and parts of laws ia 
 force iu the ^lalc prior to the sixth day of May, A. D. 1861, 
 and not incoiisi.strnt witli the amended constitution, should 
 bo in full force and ctiVct as liefore the rebellion. 
 
 The governor elect was duly and formally inaugurated on 
 the 18th April. The legislature, composed of senators and 
 representatives from more than forty of lii'ty-five counties 
 iu the State, met at the State capitoi, on the 11 th of April, 
 and each house organized with a quorum present during 
 the first week of the session. 
 
 The legislature remained in session to the 1st of Juno, 
 when they adjourned until the first Monday in November, 
 at which time they again met, and continued in session 
 to the 1st of January of the present year, when they 
 again adjourned until the 1st January, A. D., 1866. 
 
 During the session of April and May, 1S64, the legisla- 
 ture elected two United States senators, to fill the unex- 
 pired terms of Wm. K. Sebastian and Dr. Mitchel, senators 
 from that State previous to the commencement of the re- 
 bellion. 
 
 Daring the said session of the legislature they passed an 
 act defining the qualification of voters, which shows most 
 cleaily that they entertain no sympathy or fellowship with 
 the rebellion. The sixth section of that act is in the fol- 
 lowing words : 
 
 "And be it further enacted by the general assembly of the 
 State of Arkansas, That each voter shall, before depo.sitiug 
 his vote at any election in this State, take an oath that ho 
 will support tho Constitution of the United States and of 
 this State, and that he has not voluntarily borne arms 
 against the United States, or this State, nor aided, directly 
 or indirectly, the so-called conlederate authorities, since 
 the eighteenth day of April, A. D. 1864, (the day the gov- 
 ernor was inaugurated,) said oath to be adnnnistered by 
 on(- of tho judges of the election; and this act shall take 
 effect from and after its passage." 
 
 Tliis act shows a commendable prudence on tho part of 
 the legislature to guard the ballot-bo.x against the disloyal 
 part of the people. While the constitution luak.s no pro- 
 vision against returned rebels who wereomr .■iii.,.nsof tho 
 State, this prompt legislation shows that the pe>.|,ie are de- 
 termined to guard themselves iu the Inline a-aiust those 
 who have well nigh ruined their State in the past. 
 
 Arkansas has given another proof of her loyalty and de- 
 votion to the United States, which should not be over- 
 looked. From evidence which your committee have no 
 disposition to discredit, it appears that Arkansas lias fur- 
 nished at least ten thousand volunteer s ddiers for the 
 United States armies. These men are to-day cither filling 
 a soldier's grave, or the ranks of their country's armies. 
 
 At the election in March, 1804, thepeoiile of the 1st con- 
 gressional district elected T. M. Jacks as their represent.ative 
 in Congress, by a vote of about tliree thousand. The 2d dis- 
 trict elected A. A. C. llcgers by a largo majority over his 
 competitor. The 3d district, J. M. Johnson, by a very large 
 majority. 
 
 The first district is composed of the following named 
 counties: .'Vrkansas, Conway, Crittenden, Craighead, Ful- 
 ton, tireene. Independence, Izard, Jackson, Lawrence, 
 Missi^siplii, Monroe, Philips, Poinsett, Prairie, Randolph, 
 St. Iraiicis, Searcy, Van Luren, and White. These coun- 
 ties by their returns show that in the Presidential ileetioii 
 in ISdo they cast 16,841 votes. Fourteen of llu'-e n. unties, 
 viz: Arkan'sas, Conway, Crittenden, Fulton, Iieleiiendenre, 
 Izard, Jackson, Lawrence, Jlonroe, Pliiliris, I'raiiie, Kaii- 
 dolph, and Van liuren, which participated pretty liiUy in 
 the election of March, east the aggregate vote of 3,000. 
 These counties in 1860 gave 11,000 votes— the six counties 
 not Voting, or voting to only a vi'ry limited extent, iu tho 
 election ot March, to wit: I raigheiia, (;rcene, Mississippi, 
 toiusett, Searcy, auU St. Francis gave iu loUO 2,830 votes; 
 
 these, under thp ratio of the vote cast in tho eleven conn. 
 ties that did vote, should have given about 537 votes at 
 the March election. Of the 3,000 votes cast in this district 
 for member of Congress, T. M. Jacks received all hut 
 fifteen. 
 
 In the second district, composed of the counties of Ash. 
 ley, Bradley, Calhoun, Chicot, Clark, Columbia, Dallas, 
 Desha, Drew, Hempstead, Hot Springs, Jelfeison, Lafayette, 
 Ouachita, Pulaski, Saline, and Union, your committee have 
 not bteuable to satisfy themselves as to tho vote cast; the 
 evidence going to show that in this district the vote was 
 respectable as compared to the whole vote of tho State — 
 that some foxir or five counties did not vote in the election, 
 and that the vote of the counties of Jefferson and Pulaski 
 was relatively large. 
 
 In the third district, composed of the counties of Ben- 
 ton, Carroll, Crawford, Fr.anklin, Johnson, Madison, Ma- 
 rion, Montgomery, Newton, Perry, Pike, Polk, Pope, Scott, 
 Clark, Sebastinn, Sevier, Washington, and Yell, the vote in 
 March was a tolerably full one, all except the county ol 
 Perry participating in tlie election. 
 
 In this district the vote for representative in Congress 
 was nearly five thousand, of which vote J. M. Johnson re- 
 ceived over four thousand. These counties in 1860 gave an 
 aggregate vote of 16,932. 
 
 The position takeu by the committee in the case of Mr. 
 Bonzano, of Louisiana, will apply with equal force to these 
 cases from Arkansas. In the report in that case the com- 
 mittee say : 
 
 "This election depends for its validity upon the effect 
 which the House is disposed to give to the efforts to re- 
 organize a State government iu Louisiana, which have here 
 been briefly recited. The districting of the State for rep- 
 resentatives, and the fixing of the time for holding the 
 election, were the act of the convention. Indeed, the elec- 
 tion of governor and other State officers, as well as the 
 existence of tho convention itself, as well as its acts, are all 
 parts of the same movements. 
 
 " It is objected to their validity, that they neither origi- 
 nated in nor followed any pre-existing law of the State or 
 nation. But the answer to this objection lies in the fact 
 that, in the nature of the case, neither a law of the State 
 nor nation to meet tho case was a possibility. Tho State 
 was attempting to rise out of the ruin caused by an armed 
 ovcrthroiv of its laws. Tliey had been trampled iu the dust; 
 and there existed no body in tho State to make an enabling 
 act. Congress cannot pass an enabling act for a State. It 
 is neither one of the powers granted by the several States 
 to tho general govoriinient, .nor necessary to the carrying 
 out of any of those powers; and all 'the powers not del- 
 egated to the United States by the Constitution, nor pro- 
 hibited by it to the States, are reserved to the States re- 
 spectively, or ^/tc iw»;j/e.' It is preposterous to have ex- 
 pected at, the hands of the rebel authorities in Louisiana 
 that, previous to the overthrow of tho State government, 
 they should prepare a legal form of proceeding for its re- 
 storation. In the absence of any such legal form prepared 
 beforehand in the State, and like absence of power on the 
 part of the general government, under the delegated iiowers 
 of the Constitution, it follow,s, that the power to restore a 
 lost State government in Louisiana existed nowhere, or 
 in ' the people,' the original source of all political power in 
 this country. Tho people, iu the exercise of that power, 
 cannot be required to conform to any particular mode, for 
 that presupposes a power to prescribe outside of themselves, 
 whichit h.ns been seen does not exist. TUeresult mnstbe 
 republican ; for the people and the States have surrendered 
 to tho United States, to that extent, the power over their 
 form of government in this, that 'the United States shall 
 guarantee to every State a republican form of government.' 
 
 '•It follows, therefore, that if this work of reorganizing 
 and re-establishing a State government was the work of 
 thopeople, it was the legitimate exercise of an ir^alienablo 
 and inherent right, and, if republican in form, is entitled 
 not only to recogiution, but to tho ' guaranty' of the Con- 
 stitution." 
 
 The committee recommend to the House for its adoption 
 the subjoined resolutions : 
 
 Resolved, That T. M. Jacks is entitled to a seat in this 
 House as a representative from the first congressional dis- 
 trict in Arkansas. 
 
 Resolved, That J. M. Johnson is entitled to a seat in this 
 House as a representative from the third congressional dis- 
 trict in Arkansas. 
 
 No vote was reached upon the questioa. 
 
 SEIfATOKS FROM INSURBECTIONA- 
 KY STATES. 
 
 SENATOll FROM VIRGINIA. 
 
 1865, February 17 — Mr. Wili.ky oifcrcd the 
 credentials of Joseph Segar, Senator elect from 
 
588 
 
 APPENDIX. 
 
 she State of Virginia, to snppiy.the vncancy 
 Dccasioned by the death of Lemuel J. Bow- 
 ien. 
 
 Mr. Sumner moved their reference to the 
 Committee on the Judiciary. Mr. Sherjian 
 moved that the credentials do lie upon the ta- 
 ole, which was agreed to — yeas 29, nays 13 : 
 
 Yeas — Messrs. Anthony, Brown, Buckale.w, Chandler, 
 31iirk, Collamer, Cuniiess,"Cowan, Davis, Doolittle, Farwell, 
 Foster, Hale, Harlan, Howard, Howe, Morgan, Morrill, 
 S ve, Pmuell, Ramsev, Sherman, Sprague, Sumner, Ten Eyck, 
 fninibull, Wilde, Wilkinson, Wilson— 29. 
 
 Nays — .Messrs. Dixon, Hendricks, Jb/mson, Lane of Indi- 
 »na, Lane of Kansas, McDniigall, Nesmith, Pomeroy, Rich- 
 irdsfm, Sdulshury, Van Winkle, Willcy, Wright— \Z. 
 
 Subsequently — at the special session — they 
 (vere withdrawn, re-presented, and postponed 
 antil the next session. 
 
 SENATOR FROM LOUISIANA. 
 
 March 2 — Mr. Doolittle offered the creden- 
 tials of Michael Hahn as a Senator from Lou- 
 isiana for six years. Mr. Davis objected to 
 ;he reception of the paper. On motion of Mr. 
 Trumbull, the motion of Mr. Doolittle to re- 
 ;eive it was laid on the table. Subsequently — 
 it the special session — they were withdrawn, 
 •e-presented, and postponed until the next De- 
 jember. 
 
 IN SENATE— SPECIAL SESSION. 
 
 SENATOR FROM ARKANSAS. 
 
 1865, March 7 — Mr. Lane, of Kansas, offer- 
 jd the credentials of William D. Snow, as Sen- 
 itor from Arkansas, which were referred to the 
 Committee on the Judiciary. 
 
 March 9 — Mr. Trumbull made this report, 
 irhich was agreed to : 
 
 In the year 1S61 the constituted authorities of the State 
 >f Arkansas undertook to withdraw that State from tlie 
 Jnion, and so far succeeded in the attempt as by force of 
 irms to e.xpel from the State for a time the authorities of 
 Jhe United States, and set up a government in liostility 
 .hereto; and in pursuance of an act of Confrress, the iuhab- 
 tants of said State liave since been declared to be in astute 
 )f insurrection against the United States. The committee, 
 ihereforo, recommend that the question of the admission 
 )f Mr. Snow to a seat be postponed till the next session of 
 Jougress, and until Congress shall take action in regard to 
 ;he recognition of the alleged e.xisting State government iu 
 Arkansas. 
 
 SENATOR FROM VIRGINIA. 
 
 March 9 — Mr. Doolittle offered the creden- 
 ■,ials of John C. Underwood, as Senator from Vir- 
 5inia for six years; which were postponed un- 
 •,il the next session. 
 
 PKEREQUISITES for REPRESENTATION IN THE SEN- 
 ATE. 
 
 March 8 — Mr. Sumner proposed to offer and 
 aave this resolution referred to the Committee 
 on the Judiciary, but objection was made : 
 
 Jii'snlvd, That where a State has been declared to be in 
 Insurrection, no peisoii can lie recognized as Senator from 
 )uch State, or as claimant of a seat as Senator from such 
 State, until after llic occurreuee of three several condi- 
 tions : tiist, the ce-sation of all armed hostility to the 
 United Stales within the limits of such State; secondly, 
 the ailoptiuii by such State of a constitution of goveiii- 
 nieiit, republican in lorni, and ni>t repugnant to the Con- 
 Btitulioii and laws of the United States; and thirdly, an act 
 otCoMgress declaring that the people of such State are 
 entitled to representation in the Congress of the United 
 States. 
 
 THE SECESSION OP "LOUISIANA. 
 I have recently obtained the journal of the 
 Convention of Louisiana which passed the Or- 
 dinance of Secession, anJ, in view of the inter- 
 
 est attaching to these proceedings, subjoin 
 these facts : 
 
 1861, January 23— Convention met at Baton 
 Rouge, and provided for the appointment of 
 this Committee of Fifteen " to prepare and re- 
 port as soon as possible an ordinance providing 
 for the withdrawal of the State of Louisiana 
 from the present Federal Union :" J. Perkins, jr., 
 of Madison, A. Declouet, A. B. Roman, Edward 
 Sparrow, I. Garrett, T. J. Semmes, L. J. Du- 
 pre, A. Provosty W. R. Miles, J. L. Lewis, A. 
 Talbot, W R. Barrow, J. K. Elgee, C. Roselius, 
 G. M. Williamson. 
 
 January 24 — Mr. Perkins reported a Seces- 
 sion Ordinance, and a resolution relative to the 
 navigation of the Mississippi river. Mr. Rozier 
 and Mr. Fuqua presented each a substitute for 
 the report. The action of Governor Moore in 
 seizing the forts, arsenals, and munitions of 
 war within the State was approved — yeas 119, 
 nays 5, (Cicero C. Meredith, David Pierson, 
 Joseph A. Rozier, W. T. Stocker, James G. Tali- 
 aferro.) 
 
 January 25 — J. L. Manning, Commissioner 
 from South Carolina, and J. A. Winston, from 
 Alabama, received and heard ; and January 30, 
 W. J. Vason, from Georgia, and February 12, 
 John Robertson, from Virginia. An address was 
 received from U. S. Senators Slidell and Ben- 
 jimin, and Representatives Landrum and Da- 
 vidson. January 31 — George Williamson ap- 
 pointed Commissioner to Texas. 
 
 VOTES ON ordinance. 
 
 January 25 — The question was first taken on 
 Mr. Rozier's substitute, which proposed a Con- 
 vention of the s'aveholding States at Nash- 
 ville, February 25th next, to determine what 
 amendments of the Constitution are necessary 
 and proper, in case of the failure of the prompt 
 adoption of which said Convention to be re- 
 assembled and forthwith organize a separate 
 Confederacy of slaveholding States. The vote 
 was yeas 24, nays 106. The Yeas were: 
 
 Messrs. Berinudez, Bienvenu, Clark, Cook, Connellj', Con- 
 ner of St. Tammany, Cottman, Davidson of Sabine, Duffel, 
 Garrett, <.ill, Ilou^h, Lewis of Orleaus,Merodith, McCollom, 
 Patterson, Pierson of Winn, Roselius, Kozier, Smart, Stock- 
 er, Taliaferro, Verret, Williams— 24. 
 
 The question was next taken on Mr. Fuqua's 
 substitute, declaring that Louisiana cannot and 
 will not submit to the administration of Lin- 
 coln and Hamlin upon the " principles that the 
 Constitution does not recognize property in 
 slaves, that the Government should prevent the 
 extension of slavery into the common territory, 
 and that all the powers of the Government 
 should be so exercised as in time to abolish 
 this institution wherever it exists ;" announc- 
 ing that any attempt to coerce any seceding 
 State will absolve Louisiana from all allegiance 
 to the Federal Government, and that Louisiana 
 in that event would make common cause with 
 the State attacked ; and declaring for a Con- 
 vention of slaveholding States at Montgom- 
 ery, Alabama, February 4, 1861, as requested 
 by that State, for the formation by said Con- 
 vention of a Federal Union of the slaveholding 
 States, and the freedom of the navigaiion of 
 the Mississippi and its tributaries ; a'ld for an 
 adjournment until February 28, 1801, lo hiar 
 
APPENDIX. 
 
 689 
 
 the report of the action of the Montgomery 
 Convention. Which was lost — yeas 47, nays 
 13. The Yeas were : 
 
 Messrs. Berniudcz, Bienvenu, B>ish, Clark. Cook, Connel- 
 ly, Conner of St. Tammany, Cottmau, Davidson of Sabine, 
 Duffel, I'uqua, Gardere, Garrett, Gaudet, Ilerron, Hough, 
 IIiilMusworth, Lagroue, LeBlanc, LeBourgeois, Lewis of 
 Olaibornp, Lewis of Orleans, Martin of AKsnniption, Magee, 
 M 'btn .on^ -Meredith, McColloni, Patterson, Perkins of Li- 
 fourchi-, Pierson of Winn, Pike, Pnlk, Pope, Put:h, Roman. 
 Roseliiis, Rozier, Sompayrac, Scott of Claiborne, Scott of 
 East F.liciana, Stocker, Tlionias.son, Tucker, Verret, Walk- 
 er, Williams of East Baton Rouge, Williams of St. Helena 
 — 17. 
 
 The Ordinance of Secession, as reported from 
 the committee, was then passed — yeas 113, nays 
 17, us follows: 
 
 Yeas — Messrs. W. R. Adams, Wm. Dumont Anderson, 
 Bernard jVvegno, A. Barbin, Wm. BiitBn Barrow, K. lier- 
 muJez, P. E. Bouford, A. Bonner, C. C. Briscoe, Walthal 
 Burton, Louis Bush, E. G. W. Butler, Tli .s. .J. Cabhvell, 
 I'enelon Cannon, Wm. C. Carr, Geor.i;.' ('laik, Tliunias A. 
 Cooke, G. F. Connelly, Lemuel P Cuiuici-. i^i.luev S. ('.■niior, 
 Wm. Alex. Davidson, E. C. DavidMUi. Alex. U-.-iuuct, Alci- 
 biade DeBIanc, Samuel W. Durs^v. lOd. DiiUel, Lucius J. 
 Dupre, J. B. Elam, J. K. Elgee, Ru. \V. K.stlin, G. L. Fuselier, 
 James U. Fuqua, A. H. Gladden, Y. W. (iraves, A. M. Gray, 
 Wm. E. Gill, M. E. Girard, Sid. H. Gritiin, J. Hernandez, 
 Andrew S. Herron, B. L. Hoiige, Robert Hodges, S. Hollins- 
 worth, Theodore Johnson, Thomas H. Kennedy, Wilson M. 
 Kidd, Felix Labatut, E. Lawrence. Chas. T. i.agroue, Chas. 
 0. LeBlanc, Felix Lewis, John L. Lewis, Th. C. Manning, 
 Henry Miushall, Antoine Marrero, Leon I). .Mark-s J.N. 
 Marks, Robt. Campbell Martin. John II. Martin, .N, hemiah 
 Magee, W. R. Miles, J. J. Michel, .lu. E. .Milbr. .h.hu Moore. 
 Jas. McCloskcy, Andrew McColbjm, ll.n.lerson Mctarland, 
 jr., Sam'l Washington McICneelv, A. Jlout'.n, M. U. 11. Nor- 
 ton, Jules G. Olivier, D.O'Bryan."Wm. Patterson, .). .Scuddav 
 Perkins, John Perkins, jr., W. M. Perkins, Wm R. Peck, 
 John Pemberton, Aaron 11. Pierson, ^\m. S. Pike, H. .M. 
 Polk, N. W. Pope, Aug. Provosty, Walter Pugh, Hardy 
 Richardson. J. B. Slawson, W. W. Smart, C. L Swayze, 
 Tho.s. J. Semmes, Chas. D. Stewart, Edward Sparrow, J. 
 Somp.iyrac, Nelson J. Scott, Tho. W. Scott, Washington M. 
 Smith, Benjamin S. Tappau, Augustus Talbot. R. 'J'aylor, of 
 St. Charles, J. A. Taylor, of St. Landry, ].,ouis Texads, J. 
 M. Thomasson, Robert B. Todd, John T. Towles, CaUdi J. 
 Tucker, Mark Valentine, W. B. Warren, .Alexander Walker, 
 J. A. Williams, James A. AVilliams, George Williamson, 
 Joseph Biddle Wilkinson, P. S. Wiltz, Zebulon York— 113. 
 
 N.VYS — Messrs. Chiirles Bienvenu, Thomas E. U. Cottuian, 
 Fergus Gardere, Isaiah Garrett, J. K. Gaudet, Wade U. 
 Hough, Louis S. LeBourgeois, George W. Lewis. E. 0. ilelan- 
 (jou, Cicero C Mereilith, David Pierson, A. B. Roman, Chris- 
 tian Koselius, Joseph A. Rozier, W. T. Stocker, James G. 
 Taliiiferro, A. Yerret— 17. 
 
 Upon the announcement of this vote, the 
 President declared the connection between the 
 Strtte of Louisiana and the Feieral U .ion dis- 
 solved; the fl ig of the S ate was placed on the 
 platform; prayer was prouour.ced by Rev. W. 
 E. N. Lingtield, and the flag blessed, according 
 to the ritei and forms of the Roman Catholic 
 Church, by Father Hubert. 
 
 The accompanying resolution recognizing the 
 right of the free navigation of the Mississippi 
 river and its tributaries by all friendly Slates 
 bordering thereon, the right of egress and in- 
 gress of the mouths of the Mississippi by all 
 friendly States and Powers, and declaring "our 
 willingness to enter into any stipulati.ms to 
 guarantee the exercise of said rights," was 
 unanimously adopted. 
 
 The ordinance was then signed by 121 mem- 
 bers, being all of thosewho voted above, except 
 Messrs. G.trrett, Hough, George W. Lewis, 
 Meredith, D. Pierson, Ro..elius, Rozier, Stocker, 
 and Taliaferro. 
 
 ON SUBMITTING THE ORDINANCE AND CONSTITU- 
 TION TO POPULAR VOTE. 
 
 Pending the final vote above taken, 
 
 A resolution of Mr. Bienvenu that, whatever 
 
 be the action of the Convention on Secession, it 
 shall have no effect until the same shall have 
 been ratified by a vote of the major ty of the 
 people at the ballot-box, on the 25th of Feb- 
 ruary, 1861, was disag-eed to — yeas 45, naya 
 84. The affirmative vote was tlie same ns on 
 Mr. Fuqua's substitute, except that M-ssrs. 
 Cook, HoUinsworth, Pope, and Walker, then in 
 the aflfirmaiive, were now in the negat ve, and 
 Mr. A. H. Pierson, then not voting, was now in 
 the affirmative, and Mr. Taliaferro, then in the 
 negative, was now in the affirmative. 
 
 March 16 — Mr. Bienvenu oft'ered an ordinance 
 reqiiesting the President of the Convention to 
 lay before it the oflScial returns at the election 
 for the delegates ; but a motion to suspend the 
 rules for the purpose was lost — yeas 23,r.ays73. 
 
 An ordinance offered by Mr. Cannon, to sub- 
 mit the permanent constitution of the Confed- 
 erate States adopted by the Confederate Con- 
 gress, March 11, to the qualified voters of the 
 State for their ratification or rejection, on the 
 Gth of May, was rejected — yeas 26, nays 74. 
 The Yeas were : 
 
 Messrs. Bienvenu, Bush, Cannon, Clark, Connelly, Cott- 
 man, Davidson of Sabine, Duffel, Fuqu.a, Herron, Hough, 
 Johnson, Lagroue, Lev.is of Claiborne, Lewis of Orleans, 
 McCoIlom, Melancjon, Meredith, Pike, Roselius, Rozier, 
 Scott of East Feliciana, Sompayrac, Stocker, Taliaferro, 
 Thomasson, Tucker— 26. 
 
 Mirch 21 — An ordinance offered by Mr. 
 Rozier, to provide for the election of a con- 
 vention "to adopt or nject the Confederate 
 Constitution," was laid on the table — yeas 'J4, 
 nays 10, (Messrs. Bienvenu, Connelly, Duffel, 
 Garrett, Lewis of Orleans, Meredith, Roselius, 
 Rozier, Stocker, Tdliaforro / 
 
 The constitution was then ratified, and de- 
 clared binding upon the people of the State of 
 Louisiana — \eas 101, nays 7, (Messrs. Bien- 
 venu, G irrett, Lewis of Orleans, Roselius, 
 Rozier, Stocker, Taliaferro). 
 
 RIGHT OF SECEDING FROM THE CONFEDERiCY. 
 
 Mr. Rozier offered an amendment to the rati- 
 fying ordinance, declaring that in adopting the 
 constitution, the State ''expressly reserves to 
 herself the right, peaceably to withdraw from 
 the Union created by that constitution, when- 
 ever, in the judgment of her citizens, her par- 
 amountinterest may require it ;" which was laid 
 on the table — yeas 92, nays 11, (Messrs. Bien- 
 venu, Connelly, Duft'el, Garrett. Lewis of Or- 
 leans, Martin of Assumption, Melan9on, Ro.e- 
 lius, Rozier, Stocker, Taliaferro.) 
 
 PUBLIC PROPERTY SEIZED. 
 
 February 5, 1801 — A committee reported that 
 " this public property was in the hands of the 
 officers of the late Federal Government, within 
 the parish of Orleans, February 1, 1861 :'' 
 lu Sub-Treasurer's vault at tho Mint, in gold 
 
 and silver coil I «483,98.'3 9.9 
 
 In Treasury of the Mint, in gold, silver, and 
 
 copper 101,745 81 
 
 In Dr. M. F. Bonzano's i)osse8sion,melter and 
 
 In B. F. Taylor's possession, coiuer..... 
 Of this sum 
 
 $902,2'J5 50 
 
 $389,267 46 belong to " permanent bullion fund." 
 
 24y,926 68 belong to -'in lividual depositors." 
 
 4,0.51 3S "accumulated profit ou coiu:i^e." 
 
 5643,245 52 
 
590 
 
 APPENDIX. 
 
 The amount of "impoi-t duties a?spssed on 
 mei'chandise in warehouse, entered for ware- 
 housing to 31st January, 1861," was reported, 
 Fibruary 11, by Collector F. H. Hatch, at 
 $734,336. 
 
 March 1 — An ordinance passed transferring 
 the "Bullion luud" ($389,267 46) to the " Gov- 
 ernment of the Confederate States of America," 
 and the sum of $147,519 66, being the balance 
 received by the State depositary from the cus- 
 toms sine- January 31st. Thisordinance passed 
 wiihout a division, several amendments in- 
 tended to reduce the amount transferred having 
 failed by decided votes. 
 
 OFFICERS OF THE CONVENTION. 
 
 The officers of the convention were : J. 
 Thomas Wheat, Secretary; E. E. Kidd, Assistant 
 Secretary; J. 0. Nixon, of the New Orleans 
 Crescent, Printer ; A. M. Perrault, Scrgeant-at- 
 Arms ; J. R. T. Hyams, Warrant Clerk; Emile 
 Wilz and Albert Fabre, Translating Clerks ; 
 William Simmons, Doorkeeper ; James Kirby, 
 Page. 
 
 Constitutional Amendment for the 
 Extinction of Slavery, and Kindred 
 Subjects. 
 
 THE ANTI-SLAVBBY AMENDMENT. 
 
 1865, January 6 — Mr. Ashley called up the 
 motion to reconsider the vote taken June 15, 
 1864, (see page 258,) when the whole subject 
 was discussed. 
 
 January 31 — Mr. Stiles moved to lay on the 
 tabli the motion to reconsider, which was not 
 agreed to — yeas 57, nays 111, as fjllows: 
 
 Yeas— Messrs. James C. Allen, William. J. Allen, Ancona, 
 Bliss, Brooks, James S. Brown, Chanter, Clay, Cox, Cravens, 
 Dawson, Venison, Eden, Edgerirm, Eldridrje, Pinck, Ganson, 
 Gride.r, Hull, Harding, Harrington, Benjamin G. Han-is, 
 Charles M. Harris, Holman, Pliilip Johnson, William 
 Johnson, Kalhjleiscli, Keman, Knapp, Law, Long, Malliry, 
 William H. Miller, Jas. R. Morris, Morrison, NoUe, John 
 O'Neill, Pendleton, Per-y, Pruyn, Samuel J. Randall, Rob- 
 inson, Ross, Scott, William G. Steele, Stiles, Strause, Stuart, 
 Sioeat, Townscnil, Wadswnrth, Ward, ChiUmi A. White, 
 Joxejih W. W/ule, Winjield, Benjamin Wood, Fernando 
 Wood—bl. 
 
 N.^vs — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, Baily, Ang'ustus C. Baldwin, .Tolin D. BaUhviu, 
 Bii-vter, Benniim, Elaine, Blair, Blow, lioiitwell, Boyd, Bran- 
 degeo, Bi-ooniall, William G. Brown, Ambrose W. Clark, 
 Treenian Clarke, Cobb, Offroth, Cole,Crcswell, Henry Winter 
 Davis, Thomas T.Davis, Dawes, Dcniin- Dixon, Donnelly, 
 DrigiJiS. Dnmont, Kckley, Kliot, Fanisworth, Frank, llarlield, 
 Gooch, Grinuell, Gri.-'wold, Hale, Herrick, Hi-by, Hooper, 
 Ilotchkiss, A. W. Hubbard, John U. Hnbbanl, Hulburd, 
 Im^ersoll, .lenckes, .Inlian, Kasson, Kellev, Francis W. 
 Kello}:;,', Orlando KelIo<:2;, Kinr), Knox, Littlcjulin, Loan, 
 Longvear, :Marvin. J/(vl///.s-^r,McBride, JleClnrg, Mclndoe, 
 Samuel F. Milbr.Moorbcad, Morrill, Dan'l Mords, Amos My- 
 ers, Leonard Myers, Norlon, Odell, Charles O'Neill, Orth, Pat- 
 terson, I'erham, I'ike, Pomeroy, Price, William H. Kandall, 
 Alexander 11. Kice, John IL Rice, Edward IL Rollins, 
 James S. Rollins, Schenck, Scofleld, Shannon, Sloan, ?niith, 
 Smithers, Spalding, Starr, Stevens, Thayer, Thomas, Tracy, 
 Upson, Van Valkenburgh, Kllihu B. ^V'ashburne, William 
 B. Washburn, Webster, Wheeler, Williams, Wilder, Wilson, 
 Windom, Woodhridge, Worthington, I'eaman — 111. 
 
 The motion to reconsider was then agreed 
 to — yeas 112, nays 57, as follows: 
 
 Yeas— Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, Baily, John D. Baldwin, Baxter, Beanian, Blaine, 
 Blair, Blow, Boutwell, lioyd, Bvandegeo, Broomall, Wil- 
 liam O. Brown, Ambro.io W.Clark, Freeman Clarke, Cobb, 
 Cnffroth, Cole, Creswell, Henry Winter Davis, Thomas T. 
 Davis, Dawes, Denung, Dixon, Donnelly, Driggs, Dnmont, 
 Eckley, Eliot, English, Farnsworlh, Frank, Garlield, Gooch, 
 Grinuell, Griswold, Hale, Ilerrick, Higby, Hooper, Hotch- 
 kiss, A. W. Uubbard, John II. Uubbard, Uulbiud, In- 
 
 I gersoll, Jenckes, Julian, Kasson, Kelley. Francis W. Kellogg, 
 Orlando Kellogg, King, Knox, Littlejohn, Loan, Longvear, 
 Marvin, McAllister, McBride, McClurg, Mclndoo, Samuel 
 F. Miller, Moorhead, Morrill, Daniel Morris, Amos Mvers, 
 Leonard Myers, Norton, Odell, Charles O'Neill, Orth,"Pat- 
 leison, Perham, Pike, Pomeroy, Price, William II. Ran- 
 dall, Alexander H. Rice, John II. Rice, Edward II. Rollins, 
 James S. Rollins, Schenck, Scofleld, Shannon, Sloan, Smith, 
 Smithers, Spalding, Starr, Stevens, Thayer, Thomas, Tracy, 
 Upson, Van Valkenburgh, EUihu B. Washburne, William 
 B.Washburn, Webster, Whaley, Wheeler, Williams, Wilder, 
 Wilson, Windom, Woodhridge, Worthington, Yeaman — 112. 
 Nays — Messrs. James C. Allen, William J. Allen, Anemia, 
 Bliss, Brooks, James S. Brown, Clianler, Clay, Cox, Cra- 
 vens, Dawson, Denison, Eden, Edgerton, Eldridge, Pinch, 
 Ganson, Grider, Hall, Harding, Harrington, Boyamin G. 
 Harris, Charles M. Harris, Holman, Philip Jolmson, Wil- 
 liam Jolmson, Kalbjleisch, Keman, Knapp, Law. Long, 
 Mallory, William H. Miller, James R. Morris, Morris n, 
 Noble, John O'Neill, Pendletm, Perry, Pruyn, Samuel J. 
 Randall, Robinson, Ross, Scott, William G. Steele, Stiles, 
 Strouse, Stuart, Sweat, Townsend, Wadsworth, Ward, Cliil- 
 inn A. White, Joseph W. White, Winfield, Benjamin 
 Wood, Fernando Wood — 57. 
 
 The resolution, as given on page 256, then 
 passed* — yeas 119, nays 56, 8 absent,f as fol- 
 lows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Anderson, Arnold, 
 Ashley, Baily, Augustus C. Baldwin, John D. Baldwin, 
 Baxter, Beaman, Blaine, Blair. Blow, Boutwell, Boyd, 
 Brandegee, Broomal I, William G. JJrown, Ambrose W. Clark, 
 Freeman Clarke, Cobb, Coffroth, Cole, Colfax, (SjKaker,) 
 Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, 
 Deming, Dixon, Donnelly, Driggs, Dnmont, Eckley, Eliot, 
 English, Farnsworth, Frank, Ganson, Gaifield, Gooch, Grin- 
 ue'l, Griswold, Hale, //erne/.:, Iligby, Hooper, Ilotchkiss, 
 Asahel W. Hubbard, John U. Uubbard, Hulburd, Hutch- 
 
 ins, IngersoU, Jenckes, Julian, Kasson, Kelley, F'rancis W. 
 Kellogg, Orlando Kellogg, King, Knox. Littlejohn, Loan, 
 Longyear, Marvin, McAllister, McBride, McClurg, Mclndoe, 
 Samuel I\ Miller, Moorhead, Morrill, Daniel Morris, Amos 
 Myers, Leonard Myers, Nelson, Norton, Odell, Charles 
 O'Neill, Orth, Patterson, Perham, Pike, Pomeroy, Price, 
 Radford, William H. Randall, Alexander H. Rice, John 
 II. ilice, Edward II. Rollins, James S. Rollins, Schenck, 
 Scofleld, Shannon, Sloan, Smith, Smithers, Spalding, Starr, 
 John B. Steele, Stevi'us, Thayer, Thomas, Tracy, Upson, 
 Van Valkenburgh, Ellihu B. Vv'ashburne, WilliamB. Wash- 
 burn, Webster, Whah^y, Wheeler, Williams, Wilder, Wil- 
 son, Windom, Woodhridge, Worthington, I'eaman — 119. 
 
 Nays — Messrs. James C.Allen, William J. Allen, An- 
 cona, Bliss, Brooks, Javier S. Brown, Clianler, Clay, Cox, 
 Cravens, Dawson, Denison, Eden, Edgerton, Eldridge, Fincic, 
 Grider, Hall, Harding, Harrington, Benjamin G. Harris, 
 Cliarles M. Harris, Holman, Pldlip Johnson, William John- 
 son, Kalbjlei?ch, Keman, Knapp, Law, Long, Mallory, 
 William H. Miller, James R. Morris, Morrison, Noble, John 
 O'Neill, Pendleton, Perry, Pruyn, Samuel J. Randall, Rob- 
 ins'M, Ross, Scott; William G. Steele, Stiles. Strouse, Stuart, 
 Sweat, Townsend, Wadsworth, Waj-d, Chilton A. White, 
 Joseph W. White, Winfield, Benjamin Wood, Fernando 
 Wood—b&. 
 
 THE president's APPROVAL. 
 
 The joint resolution was approved by the 
 
 *1SG5, February 4 — The delegates from cert.ain Territories 
 obtained pcrniissiou to enter this paper upon the Journal 
 of the House: 
 
 House of Representatives, 
 
 W.v.sniNr,T0N, February 1,1865. 
 Representing Territories which must soon become States, 
 aa Delegates deprived of the inestimable privilege of vot- 
 ing in this House, and feeling a deep interest in the pro- 
 position to amend the Federal Constitutiou forever prohib- 
 iting slavery within the jurisdiction of the United States, 
 demanded alike by the exigencies of the times, the voice 
 of the loyal people, and by our efforts in the field to sup- 
 press a rebellion inaugurated and sustained for the pur- 
 pose of perpetuating slavorj-, we cannot do less than shite 
 that the measure meets our \inqualified approbation. 
 H. P. BE:s NET, Colorado. 
 J. F. KINNEY, Utah. 
 S. G. DAILY, Nebraska. 
 CHARLES D. POSTON, Arizona. 
 J. B. S. TODD, Dacotah. 
 W. II. WALLACE, Idaho. 
 ' FRANCISCO PEREA, New Mexico. 
 
 t Absent— Jtessrs. Lazear, Le Blond, Marcy, McDowell, 
 McKinney, Middlcton, Rogers, Voorhees—%. 
 
APPENDIX. 
 
 591 
 
 President February 1, respecting which, the 
 Senate, February 7, passed this resolution : 
 
 Resnh-ed, That the article of amendment proposed by Con- 
 gress to bo ;idded to the Constitution of tlio €nited States 
 respecting the extinction of slavery therein, having been 
 inadvertontly presented to the President f.ir hid approval, 
 it is hereby declared that such approval was unnecessary 
 to give eflect to the action of Congress in proposing said 
 amendment, inconsistent with the former practice in refer- 
 ence to all amendments to the Constitution heretofore 
 adopted,* and being inadvertently done, should not consti- 
 tute a precedent for the future, and the Secretary is hereby 
 instrucfa^d not to communicate the notice of the approval of 
 eaid proposed amendment by the -President to the llouse of 
 Representatives. 
 
 A cone jrrent resolution was passed, reqiie t- 
 ingthe President to transmit to the Executives 
 of the several States the above ameudment. 
 
 THE KULE OF RATIFICATION. 
 
 IN SENATE. 
 
 1865, February 4 — Mr. Sumner submitted the 
 follo'xing resolutions, which were ordered to be 
 printed : 
 
 Concurrent resolutions declaring the rule in ascertaining the 
 three-fourths of the several ^tates required in the ratifica- 
 tion of a constitutional amendment. 
 
 Whereas Congress, by a vote of two-thirds of both houses, 
 has proposed an amendment to the Constitution prohibiting 
 slavery throughout the United States, which, according to 
 the existing requirementof the Constitution, will be valid to 
 all intents and purposes as part of the Constitution, when 
 ratified by the legislatures of three-fourths of the several 
 States ; and whereas, in the present condition of the country, 
 with certain States in arms against the national government, 
 it becomes necessary to determine what number of States 
 constitutes the three-fourths required by the Constitution; 
 therefore, « 
 
 Resolved by the Senate, (the House of Representatives con- 
 curring.) That the rule followed in ascertaining the two- 
 thirds of both houses proposing the amendment to the Con- 
 stitution should be followed in ascertaining the three-fourths 
 of the several States ratifying the amendment; that, as in 
 tiie first case, the two-thirds are founded on the simple fact 
 of representation in the two houses, so in the second ease, 
 the three-lourths must be i'ounded on the simple fact of re- 
 presentation in the government of the country, and the 
 support thereof, and that any other rule egtablislns one 
 basis for the proposition of the amendment and another for 
 its ratification, placing one on a simple fact and the other on 
 a claim of right, while it also recognizes the powerof rebels 
 in arms to interpose a veto ujon the national government 
 in one of its highest functions. 
 
 Ml solved, That all acts, executive and legislative, in pur- 
 suance of the Constitution, and all triMtirs mailc umlcr the 
 authority of the United States, aie valid t.. all iiUtnts and 
 purposes throughout the United Stat "s, :ilIli"U;4li certain 
 rebel States fail to participate therein : and that the same 
 rule is equally applicable to an ameudment of the Consti- 
 tution. 
 
 Resolved, That the amendment of the Constitution, pro- 
 hibiting slavery throughout the United States, will be valid, 
 to all intents and purposes, as part of the Constitution 
 whenever ratifieil by three-fourths of the States de facto 
 exercising the powers and prerogatives of the United States 
 under tlie Constitution thereof. 
 
 Rixoh-eil, 'I'hat any other rule, requiring the participation 
 of tlie reiiel States, while illogical and unreasonable, is 
 dangerous in its consequences, inasmuch as all recent Presi- 
 dential proclamations, includinj; that of emancipation, also, 
 all rcient acts of Congress, including those creating the 
 national iUl)t and establishing a national currency; and 
 also all recent treaties, including the treaty with Great 
 Britain lor tlie extinction of the slave trade, have been made, 
 enacted, or ratified respectively without any participation 
 of the rebel States. 
 
 Risolrejl, That any other rule must tend to postpone the 
 great <lay when the prohibition of sl.avery will be valid to 
 all intents and purposes iis part of the Constitution of the 
 United Slates; but the rule herewith declared will assure 
 the ininiediate ratification of the prohibition and the con- 
 Bummation of the national desires. 
 
 *Tlie aniendnicnt pmposed by the .06th Congress was ap- 
 prored by Presiilent liuclianan, March 2, IbOl. Si.-M Statutes 
 at larye, vol. 12, p. -Zol. 
 
 PROPOSED COMPENSATION TO tOTAL SLAVB 
 OWNERS. 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 1865, February 6 — Mr. Rollins, of Missouri, 
 introduced the following joint resolution, which 
 was laid over : 
 
 Whereas the Senate and House of Representatives of the 
 Congress of the United States having passed, on the 31st 
 d.ay of January, 1865, a joint resolulion to submit to the 
 Legislatures of the several States an amendment to tho 
 Constitution of the United States, which joint resolution 
 is as follows : 
 
 "Resolved by the Senate and House of Representatives of 
 the United States of America in Congress assembled, That 
 the following article be proposed to tho 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. Sec. 1. Neither slavery nor involuntary ser- 
 vitude, 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. 
 
 " Sec. 2. Congress shall have power to enforce this arti- 
 cle by appropriate legislation." 
 
 And whereas by the ratification of this amendment by 
 three-fourths of the several States all persons heretofore 
 held as slaves under the laws of certain States of the Union 
 will be made free; and in consequence thereof a large num- 
 ber of citizens, (among them many widows and orphans,) 
 their former owners, who are, have always been, or may 
 be willing to again become faithful to the Government of 
 the United States, and who have not been in the civil or 
 military service of the so-called Confederate States, will be 
 subjected to heavy pecuniary losses ; and whereas this being 
 a measure necessary to "form a more perfect Union, estal> 
 lish justice" to all men, "insure domestic tranquillity," 
 " promote the general welfare, and secure the blessings of 
 liberty to oursel/es"' and future generations, in the attain- 
 ment of which great objects the people of all the States 
 have a common interest and for their establishment should 
 make mutual sacrifices ; 
 
 Re it therefore resolved, d-c. That all persons faithful to 
 the Constitution and obedient to the laws of the United 
 Statf s, residents of any State that shall ratify the amend- 
 ment to the Constitution of the United States proposed to 
 the Legislatures of the several States by the Congress of 
 the United States on the 31st day of January, 1865, who 
 have not been in the civil or military service of tho so- 
 called Confederate States, and who have been deprived of 
 the services of these slaves, heretofore recognized by law 
 as property by said amendment, or by any act or ordinance 
 of emancipation of any State of the United States, shall 
 receive therefor a just and reasonable compensation; said 
 compensation to be provided for by the United States 
 Government without unreasonable delay. 
 
 OTHER PKOPOSITIONS FOK AMEND- 
 MENT. 
 
 APPORTIONMENT OF REPRESENTATION.* 
 
 IN SENATE. 
 18G5, February 5 — Mr. Sumner offered the 
 
 * Letter of Prof. Francis Lieber, LL. D., Columbia Col- 
 lege, .New Yii)k, to Senator Morgan : 
 
 Sir: As the election, on the 8th of November last, has 
 added one of the highest national acts to the history of our 
 kind, so the amendment of tlie Constitution which yester- 
 day passed the House (if Kepresentatives, will be the great- 
 est etfeet of the presentnvi.lt, if, as we all Lope, tliree- 
 fourths of the State Legislatures shall give their assent. 
 
 The same year, 1788, saw tho framing of our Constitu- 
 tion and the first cultivation of the cotton-plant in Geor- 
 gia; and in course of time this textile plant gave renewed 
 vitality and expansion to slavery, festering in our great 
 polity, until the gangrene broke out in the deep woe of a 
 wide and bitter civd war. Tho year 1S65 will cure our sys- 
 tem of this poisonous malady. Seventy-seven years is a 
 long period ; the reckless rebellion has brought grief to all 
 and anguish to many hearts, but if the effect of the fevered 
 period be the throwing off of the malignant virus, the Na- 
 tion will stand purified, and the dire inconsistency which 
 has existed so long between our Bill of Rights of the Fourth 
 of July and mu- liistering protection of extending bondage, 
 will at la~t |i i~s :i \v;iy. "The sacrifices which we have made 
 
 Theaim iid.iuiit which is now offered to tho American 
 peopk'vuns thus: 
 i ''jS'dther slaviry nor involuntary servitude, except as a 
 
692 
 
 APPENDIX. 
 
 following?, which was referred to the Commit- 
 tee on the Judiciary : 
 Resolved, (two thirds of both Houses concurring,) That 
 
 punishment for crime, whereof the party shall have been 
 duly convicted, shall exist within the Uniicd States, or any 
 place subject tn their jurisdiction." 
 
 These are simple and straigUtforward words, allowing of 
 no equivocation, yet, considend in connoctiou with some 
 passages of the Constitution, tlioy require some remarks, 
 which I address to you. Sir, as one of the United States 
 Senators from New York, and as my neighbor in this 
 city. 
 
 The amendment extinguishes slavery in the whole domin- 
 ion of the United States. The Constitution as it now 
 Btaijds, (Article 1, section 2, paragraph 3,) however, directs 
 that representatives "shall bo apportioned among the 
 several States, which may be included within the Union, 
 according to their respective numbers, which shsill be deter- 
 mined by adding to the whole number of free persons, in- 
 cluding those bound to service for a term of years, and, 
 e.\cludiug Indians not taxed, three-fifths of all other per- 
 sons." 
 
 If, then, "all other persons" — that is, slaves — are de- 
 clared free, and the foregoing provision of the Constitution 
 is not amended, we simply add two-fifths to the basis of 
 apportionment of Representatives in the Southern States; 
 in other words, the numl)er of Kepresentatives in Congress 
 from the States in which slavery has existed will be in- 
 creased by the present amendment. As, however, these 
 States, and especially those in which the colored citizens 
 exceed in number the whites, will not give the common 
 suffrage to the citizens uf African extraction (as, indeed, 
 many of the Northern States — for instance Pennsylvania — 
 do not give it, and as other States give the right of voting 
 to colored people on the condition of possessing freeholds 
 only,) the result of the amendmint .as now proposed, with- 
 out a supplementary amendment, would be an increased 
 number of Southern Representatives in Congress of the 
 same number of white citizens. In this case the Rebellion, 
 though ultimately subdued at the cost of torrents of our 
 blood and streams of our wealth, would be rewarded with 
 an enlarged representation. No loyal citizen can wish for 
 such a consummation. IIow is the liifBcuJty to be avoided ? 
 
 Let us first remember the following three points: 
 
 1. In the practice of every Stato of the Union those citi- 
 sens vote for electors of the President of the United States 
 ■who liave a right to vote for Representatives in Congress. 
 Immediately after the adoption of thr» Constitution of the 
 United States, the Legislatures of several States elected the 
 
 •electors; but a more national spirit soon prevailed, and in 
 all the different States of the Union the people elected tlie 
 electors, except in South Carolina. There the Legislature 
 retained the election of electors down to the breaking out 
 of the rebellion, on the avowed ground that thus tlie State 
 obtained a greater influence, this election of electors in 
 South Carolina always taking place after the election by 
 the people had been consummated in all the other Stated. 
 
 2. In every State those citizens who have a right to vote 
 for the most numerous branch of the State Legislature, 
 have also the right to vote for members of Congress. 
 
 3. In every Stite of the Union it is the State itself which 
 determines i)y its own Constitution, who shall have the 
 right to vote for members of the Stato Legislature. 
 
 These considerations, then, would lead to the suggestion, 
 that tho apportionment of members of Congress ought to 
 be made according to the numbers of citizens who in each 
 State have the right to vote for the State Legislature, or 
 for its most numerous branch. 
 
 This suggestion may be expressed in an amend -nent ad- 
 ditional to the one just passed, in sucli words us these: 
 
 " Representatives shall be apportioned among the several 
 States which may bu included within this Union, accord 
 ing to the respective numbers of male citizens of age hav- 
 ing the qualifications requisite for electing members of the 
 most nunieroug brunch of the respective Stale Legislatures. 
 Tho actual enumeration of said citizens shall bo regularly 
 made by the census of tho United States, but a special cen- 
 sus shall take place before the next new apporlaonmeut 
 of representatives shall be made by the Congress of the 
 United States." 
 
 You will obsei've that tho words used in this proposition 
 of an amendment have been taken, as far as it was feiisible, 
 from the Constitution itself. Article 1, section 2, para- 
 graphs 1 and 3. 
 
 Believing, as I do, that this subject di-serves tho atten- 
 tion of the American i)eopIe, I have not hesitated to make 
 use of yonii permission to address to you this public letter, 
 and have the honor to be, sir, your very obedient, 
 
 l-RANUS LIEBER. 
 
 New York, Feh. 1, 1865. 
 
 Hon. K. 1). MoiiGA.v, Senator of the United States, Wash- 
 ington, D. V. 
 
 the following article bo 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 
 such Legislatures, shal become a part of the Constitution, to 
 wit: 
 
 Representatives shall be apportioned among the several 
 States wliich may be included within this Union, according 
 to the number of male citizens of age having in each State 
 the qualifications ri'quisito for electors of the most numer- 
 ous branch of the State Legislature. The actual enumera- 
 tion of such citizens shall be made by the census of the 
 United States. 
 
 February 22 — Mr. Trumbull, from the com- 
 mittee, reported adversely upon it. 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 1864, December 7 — Mr. Sloan offered the 
 following resolution : 
 
 Resolved, That the Judiciary Committee be instructed to 
 inquire into the expediency of so amending section two of 
 article one of the Constitution of the United States, that 
 Representatives in Congress shall be apportioned among 
 the several States which may be included wiihin the Union, 
 according to their respective numbers of qualified electors, 
 and to report by bill or otherwise. 
 
 Which was adopted — ^yeas 60, nays 55, as 
 follows : 
 
 Yeas — Messrs. Alley, Allison, Ames, Arnold, Baily, John 
 D. Baldwin, Baxter, Beaman, Blow, Boutwell, Boyd, 
 Broomall, Ambrose W. Clark, Cobb, Cole, Donnelly, Driggs, 
 Eckley, tliot, Farnsworth, Garfield, Grinnell, Hooper, 
 Asahel W. Hubbard. Hulburd, Ingersoll, Julian, Kasson, 
 Kelley, Orlando Kellogg, Longyear, Marvin, McBride, Mc, 
 Clurg, Moorhead, Morrill, Daniel Morris, Leonarii Myers- 
 Norton, Charles O'Neill, Orth, Patterson, Perham, Price, 
 William II. Randall, Alexander II. Rice, Jolm II. Rice, 
 Schenck, Shannon, Sloan, Spalding, Starr, Stevens, Thomas, 
 Upson, Van Valkenburgh, Ellihu B. Washburne, Wlieeler, 
 Williams, Wilson— CO. 
 
 Nays — Messrs. James C. Allen, Ancona, Aurrustus C. 
 Baldwin, Blair, Sliss, Brandegee, Brooks, James S. Brown, 
 Chanter, Coffroth, Cox, Dawes, Dawson, -Deming, Dcnison, 
 Dixon, Eden, Englinh, Finck, Frank, Ganson, Oiider, Hard- 
 ing, Harrington, Holman, J. H. Hubbai-d, .lenckes, Kalb- 
 Jleisch, Kernan, Law, Le Blond, Marcy, Middltton, William 
 H. Miller, James R. Mcm-is, Morrismi, Noble, Odell, John 
 O'Neill, Pendleton, Pi-uyn, Radford, Rogers, Scoit, Smith, 
 Smithers, Jolm B. Sieide, William G. Steele, Stiles, Strouse, 
 Si'uart, Sweat, 'fownsend, Webster, Whaley, Fernando 
 Wood — o5. 
 
 1865, January 16 — Mr. Sloan introduced 
 a b 11 to submit to the Legislatures of the 
 several States this proposition : 
 
 Akt. XIII. Sec. 1. Representatives in Congress shall be 
 apportioned among the several Statts which maybe included 
 within this Union, .according to their respective numbers 
 of qualified electors. The actual enumeration shall be 
 made in tho year 1S70, and within every subsequent term 
 of ten years, in such manner as Congress shall by law di- 
 rect. 
 
 Sec. 2. Direct taxes shall be apportioned among the sev- 
 eral States according to the appraised value of taxable 
 property therein respectively. The rule of appraisal and 
 taxation shall be uniform. 
 
 Referred to the Committee on the Judiciary, 
 and not reported upon. 
 
 TO authoeize the taxino of exports. 
 IN SENATE. 
 1865, January 23 — Mr. DixoN offered this 
 joint resolution: 
 
 Resolved, d-c, (two-thirds of both Houses concurring,) 
 That in lieu of the fifth paragraph of the ninth section of 
 the first article of the Constitution of the United States, the 
 following be proposed as an amendment to the Constitution 
 of the United States, which, when ratified by three-fourths 
 of the legislatures of the several States, shall be valid to all 
 intents and piu-poses as part of the said Constitution, to wit: 
 
 The Congress shall have power to lay a tax or duty on 
 articles exported from any State. 
 
 February 22 — Mr. Trumbull, from the com- 
 mittee, reported adversely, deeming it injudi- 
 cious and unadvisable at this tite to propose 
 that amendment to the Constitution. 
 
APPENDIX. 
 
 593 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 18<34, December 5 — Mr. Davis, of Maryland, 
 offeied the folio wiug, -which was referred to 
 the Committee on Ways and Means : 
 
 Sesoh-cd, That the Committee on Ways and Means be 
 iustructeil to report a bill for the amendment of the Consti- 
 tntion, providing that so much of the ninth section of the 
 first article of the Constitution as declares that ■' no tax or 
 duty shall be laid on articles exported from any State" be, 
 Bud the same is hereby, annulled. 
 
 The Committee made no report. (See page 
 259 for Mr. Blaine's proposition op. same sub- 
 ject ) 
 
 TO RECOGNIZE THE CHRISTIAN BELIGION. 
 
 IN SENATE. 
 1865, Februa'-y 22 — Mr. Tkumbull, from the 
 Judiciary Committee, asked to be disch irged 
 f om the further consideration of the memo- 
 rial of the Presbytery of Cincinnati of September 
 20, 18(34, and the petition of citizens for such an 
 amendment to the Constitution as will more fully 
 recognize the obligations of the Christian reli- 
 gion, and of the memorial of the Executive Com- 
 mittee of the Board of Delegates of the Ameri- 
 can Israelites protesting against said amend- 
 ment. 
 
 TRANSFKE OF A GUNBOAT TO LIBERIA. 
 
 IN SENATE. 
 
 18G4, December 15 — The Senate passed a bill 
 to authorize the President to transfer a gun- 
 boat to the government of Liberia, (as recom- 
 mended in his message,) by a vote of yeas 33, 
 nays 9, as follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, Colla- 
 mer, Conness, Cowan, Dixon, Doolittle,Far\vell, Foot, roster. 
 Grimes, Harlan, Harris, Ilenderson, Howard, Johnson, 
 Lane of Indiana, Lane of Kansas, Morgan, Pomeroy, Ham 
 sey, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Vau 
 Winkle, Wade, Wilkinson, Willey, Wilson— 33. 
 
 Nats — Messrs. Buckalew, Carlile, JDavis, Harding, Hen- 
 dricks, I^esmit/i, Powell, Hiddle, Wright—^. 
 
 The bill was not reached in the House. 
 
 10 EKMOVE DISQUALIFICATION OF COLOR IN CAR- 
 RYING THE MAILS. 
 
 IN SENATE. 
 
 1564, December 19— The following bill, (see 
 p. 240)— 
 
 That from and after the passage of this act no person, by 
 reason of color, shall be disqualified from employment in 
 airrying the mails, and all acts and parts of acts establish- 
 ing such difiqualiticntion, including especially the seventh 
 section of the act of March 3, 1S25, are hereby repealed— 
 
 Passed the Senate — 
 
 Teas — Messrs Anthony, Brown, Clark, Conness, Dixon, 
 Doolittle. Farwell, Foot, Foster, Grimes, Harlan, Harris, Hen- 
 derson, Howe, Lane of Indiana, l>ane of Kansas, Jlorgan, 
 Pomeroy, Ramsey, Sherman, Sprague, Sumner, Van Winkle, 
 Wilkinson, Willey, Wilson— 36. 
 
 Nays— Messrs. i>ai)is, Powell, Richardson, Riddle, Wright 
 
 Mr. Johnson explained that he would have 
 voted " aye" if present ih time. 
 
 1865, March 3 — The House considered the 
 bill. Mr. Eden moved that it be laid on the 
 table, which was lost— yeas 30, nays 65, as fol- 
 lows : 
 
 YfAS— Messrs. Ancona, Bliss, Janus S. Brmvn, ChanUr, 
 CnffroUi, Cox, Cravens, Eden, Etlgerton, Eldridge, Find; 
 Knapp, Knox, Lf. Blond, Lnnfj, Marc;/, Middlelon, James R. 
 Morris, J\'oble, John O'Xeill, Price, I'ruyn, Saniud J. Ran- 
 dall, William H. Itandall, Ross, Scott, S.iles, Slrouse, Town- 
 $tnd, ChiUnn A. White— Sd. 
 
 Nays— Messrs .\lIison, Ames, Arnold, Ashley, Bailij. John 
 D. Baldwin, li.ixter, Beaman, Blow, Boutwell.Boyd, Broom- 
 38 
 
 all, Ambrose W. Clark, Cobb, Cole, Creswell, Henry Win- 
 ter Davis, Dawes, Dixon, Kckley, Eliot, Farnsworth, Frank, 
 Garfield, Gooch, Grinnell, Griswold, Higby, Asahel W. 
 Hubbard, John H.Hubbard, llulburd. IngersoU, Jenckes, 
 Kelley, Littlejohn, Longyear, Marvin, AtcBrido, McClurg, 
 Samuel F. Miller, Moorhead, Morrill, Norton, Charlea 
 O'Neill, Orth, Patterson, Perham, Pomeroy, Alexander II. 
 Rice, John II. Uice, Schenck, Scofield, Shannon, Sloan, 
 Smithers, Thaver, Upson, Van Valkenburgh. Ellihu B. 
 Washburne, \\illiam8, Wilder, Wilson, Wiudom, Wood- 
 bridge, Worthington — Ca. 
 
 It then pd,ssed without a division. 
 
 EXCLUSION OF COLORED PERSONS FROM THE CABS. 
 
 IN SENATE. 
 Pending the bill to incorporate the Baltimore 
 and Washington Depot and Potomac Ferry 
 Railway Company, 
 
 1865, Danuary 17 — Mr. Sumner moved to 
 add this proviso : 
 
 Provided, That no person shall be excluded Irom any 
 car on account of colur. 
 
 Which was agreed to — yeas 24, nays 6, as fol- 
 lows : 
 
 Yeas — Messrs. Anthony, Brown, Clark, CoUamor, Con- 
 ness, Dixon, FarwcU, Foot, Foster, Harlan, Harris, Hender- 
 son, Hicks, Howard, llowe, Morgan, Morrill, Ramsey, 
 Sherman, Sprague, Sumner, V.in Winkle,Willey, Wilson — 'JA. 
 
 Nays — Messrs. Davis, Hendricks, Powell, liic/tardson , 
 Riddle, SauUbury — 6. 
 
 This bill did not finally pass. 
 
 Pending the supplement to the charter of 
 the Metropolitan Railroad Company in the 
 District of Columbia, (the Senate being in Com- 
 mifee of the Whole,) 
 
 1865, February 4 — Mr. Sumner moved this 
 new section : 
 
 That the provision prohibiting any exclusion from any 
 car on account of color, already applicable to the Metropol- 
 itan railroad, is hereby extended to every other railroad in 
 the District of Columbia. 
 
 Which was not agreed to — yeas 19, naya 20, 
 as follows : 
 
 Yeas— Messrs. Anthony, Brown, Clark, Collamer, Far- 
 well, Foot, Harlan, H.trris, Henderson, Howard, Howe, L<-vne 
 of Kansas, Morgan, Nye, Pomeroy, Ramsey, Stewai-t, 
 Sumner, Wilson- 19. 
 
 Nays — Messrs. Buckalew, Conness, Cowan, Davis, Dix- 
 on, Doolittle, Hale, Hendricks, Jolinson, Lane of Indiana, 
 Morrill, Sesmitli, I'owcll, Richardson, Sauhbuiy, Ton Eyck, 
 TrumOull, Vau VViukle, Willey, Wi-ight—'ZO. 
 
 Immediately after, Mr. Sumner renewed it 
 in open Senate. 
 
 February 6 — It was agreed to — yeas 26, nays 
 10, as follows : 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Collamer, 
 Conness, Dixun,* Doolittle, Farwell, Foot, Foster, Grimes, 
 Harris, Howard, Johnson, Lane of Indiana, Lane of Kan- 
 sas, Morgan, Morrill, Nye, Pomeroy, Ramsey, Stewart, 
 Sumner, Wade, Willey, Wilson — 26. 
 
 Nays — Messrs. Cowan, Davis, Ilenderson, Hendricks, 
 Ncsmith, Powell, Richardson, Saulsburi/,\aa Winkle, Wright, 
 —10. 
 
 IN HOUSE OF REPRESENTATIVES. 
 February 22 — Mr. Thomas T. Davis, from 
 
 the Committee on the District of Columbia, re- 
 ported the bill with sundry amendments, one 
 of which was to strike out the above section and 
 insert the following: 
 Sec. 5. That the provision prohibiting any exclusion 
 
 * Mr. Dixon made this explanation, February 6 : 
 I wish to say in regard tn this amendment, that I opposed 
 it on Saturday on the grouml that it seemed to conflict 
 with thorights of another company not now before thoSen- 
 nte ; but since that time I have seen the managers and con- 
 trollers of that company, and find that they aro nnwilling 
 to contend on this subject with what they considered to be 
 the public opinion. They theraforo make no objoclioa to 
 it; ikud I shall inako none. 
 
594 
 
 APPENDIX. 
 
 from any car on accontit of color, already applicable to the 
 Metropolitan railroad, is hereby repealed. 
 
 March 2 — By unanimous consent all the 
 amendments were withdrawn, and the Senate 
 bill passed without a division. 
 
 PASSES FOR COLORED PERSONS LEAVING THE DIS- 
 TRICT OF COLUMBIA. 
 
 IN HOUSE OF REPRESENTATIVES. 
 1865, March 3 — Mr. Schenck, from the Mili- 
 tary Committee, reported this resolution: 
 
 Hesolved, That in the judgment of this House the order 
 of the major general commanding the department of Wash- 
 ington and the twenty-second Army corps, issued on the 
 12th day of July, 1864, directing that no colored man 
 should he allowed to leave Washington city going North, 
 without a pass, is a regulation which makes an odious dis- 
 crimination, in conflict with the law of the United States, 
 which has declared free alike all citizens and residents of 
 the District of Columbia; and that the President is hereby 
 requested to direct said military order to be at once re- 
 voked. 
 
 Which was adopted, yeas 75, nays 24, a3 fol- 
 lows : 
 
 Yeas — Messrs. Allison, Ames, Arnold, Ashley, Baily, John 
 D. Baldwin, Baxter, Beaman, Bliss, Blow, Boutwell, Boyd, 
 Broomall, Ambrose W. Clark, Cobb, Cole, CreswcU, Henry 
 Winter Davis, Thomas T. Davis, Dixon, Driggs, Eckley, 
 Eliot, Farnsworth, Frank, Garfield, Gooch, Griunell, Gris- 
 wold, Hale, Ilighy, Asahel W. Hubbard, John H. Hubbard, 
 Hulburd, Ingersoll, Kasson, Kelley, Francis W. Kellogg, 
 Littlejohn, Longyear, Marvin, McAllisti>.r,ilcBY\(ii:. McClurg, 
 Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos 
 Myers, Norton, Odell, Charles O'Neill, Orth, Patterson, Per- 
 ham, Pike, Pomeroy, Price, Alexander H. Rice, John H. 
 Kice, Schenck, Scofleld, Shannon, Smithers, Thayer, Tracy, 
 Upson, Ellihu B. Washburne, William B. Washburn, Wil- 
 liams, Wilder, Wilson, Wiudom, Woodbridge, Worthing- 
 ton— 75. 
 
 Nats— Messrs. Ancona, Augustus C. Baldwin, Coffrolh, Cox, 
 Cravens, Eden, Eldridf/e, Knapp, McKinney, James R. Mor- 
 ris, Morrison, John O'Neill, Pendleton, Pruyn, Samuel J. 
 Randall, Ross, Scott, John B. Steele, Stiles, Strouse, Town 
 send, Voorliees, Whaley, Wheeler— 2i. 
 
 BUREAU OF FREEDMEN'S AFFAIRS. 
 The condition of this bill at the close of the 
 first session of the Thirty-eighth Congress is 
 stated en page 2 GO. 
 
 1864, December 20 — The House disagreed to 
 the Senate amendments, and requested a com- 
 mittee of conference, to which the Senate as- 
 sented. The committee consisted of Messrs. 
 Eliot of Mass., Kelley of Penna., and Noble of 
 Ohio, on the part of the House, and Messrs. 
 Sumner of Mass., Howard of Michigan, and 
 Buckalew of Penna., on the part of the Senate. 
 
 1865, February 2 — The Committee reported 
 a bill with these features : 
 
 A department of freedmen and abandoned 
 lands is established, to be administered by a 
 commissioner to be appointed by the Pre sident 
 with the consent of the Senate, at an annual 
 salary of $4 000, with prescribed subordinates. 
 The commissioner is authorized to create dis- 
 tricts, not to exceed two in each rebel State, 
 •when sufficiently brought under the military 
 power of the United States, each to be 
 under the supervision of an assistant com- 
 missioner, at an annual salary of $2,500, who 
 is to appoint four local superintendents and 
 clerks in each district at an annual salary of 
 $1,500. The commissioner to have the gen- 
 eral superintendence of all freedmen; to watch 
 over the execution of all laws, proclamations, 
 and military orders of emancipation, or in any 
 way concerning freedmen ; to establish neces- 
 sary regulations to protect in their rights the 
 
 freedmen, who are to be treated in all respects 
 as free men, with all proper remedies in courts 
 of justice, &c. The assistant commissioners 
 are to tak • possession of all abandoned real 
 estate belonging to disloyal persons, and all 
 real estate to which the United States have 
 title, or of which the United States have pos- 
 session, and not already appropriated to gov- 
 ernment uses, and all property found on and 
 belonging to such estate, and to lease them to 
 freedmen on such terms as may be agreed upon, 
 or to others if not required for freedmen, the 
 leases to be for one year. Existing leases made 
 by special agentd of the Treasury Department 
 are confirmed. Whenever the commissioner 
 cannot otherwise employ any of the freedmea 
 who may come under his care, he shall, so far 
 as practicable, make provision for them with 
 humane and suitable persons, at a just com- 
 pensation for their services. The commis.'ioner 
 to report annually to Congress. All assistant 
 quartermasters, local superintendents, and 
 clerks, as well as supervising special agents, 
 are declared to be in the military service of the 
 United States, and liable to trial by court-mar- 
 tial or military commissions. Section 13 ap- 
 plies to confiscation, and is as follows: 
 
 That the last clause of a joint resolution explanatory of 
 " An act to suppress insurrection, to punish treason and re- 
 bellion, to seize and confiscate the property of rebels, and 
 for other purposes," approved July 17, lSti2, bo, and the 
 same is hereby, repealed. 
 
 A motion to table the report was lost — yeas 
 67, nays 83. 
 
 February 9 — The report was adopted — yeas 
 64, nays 62, as follows : 
 
 Yeas — Messrs. Allison, Ames, Arnold, Ashley, John D. 
 Baldwin, Baxter, Beaman, Boutwell, Boyd, Broomall, 
 Ambrose W. Clark, Cobb, Cole, Dawes, Deming, Donnelly, 
 Eckley, Eli.jt, Frank, Grinnell, Hooper, John 11. Hubbard, 
 Hulburd, Ingersoll, Jenckes, Julian, Kasson, Kelley, Or- 
 lando Kellogg, Knox, Littlejohn, Loan, Longyear, Marvin, 
 McBride, McClurg, Mclndoe, Samuel F. Miller, Morrill, 
 Amos Myers, Leonard Myers, Norton, Charles O'Neill, 
 Orth. Patterson, Pike, Pomeroy, Alexander H. Rice, John 
 II. Rice. Edward U. Rollins, Scofield, Sloan, Spalding, Starr, 
 Stevens, Thayer, Upson, Van Valkenburgh, William B. 
 Washburn, VVilder, Wilson, Windom. Woodbridge, Worth- 
 ington — G4. 
 
 Nats — Messrs. Jiiwie* C. Allen, Ancona, Baily , Augustus 
 C. Baldwin, Brooks, William G. Brown, Chanter, Clay, 
 Cnffroth, Cox, Cravens, Thomas T. Davis, Dawson, Edger- 
 ton, Eldridge, English, Finch, Ganson, Grider, Hall, Hard- 
 ing, Benjamin G. Harris, Charles M. Harris, Holman, Philip 
 Johnson, Kalbfleisch, King, Knapp, Le Blond, Long, Mai- 
 lory, McAllister, McKinney, Middleton, William H. Miller, 
 James R. Morris, Nelson, Noble, Odell, John O'Neill, Pcri/- 
 dletnn, Radford, William H. Randall, Rogers, Rost, 
 Schenck, Smithers, John B. Steele, William G. Steele, Stiles, 
 Strouse, Sweat, Townsend, Tracy, Wadsworth, Ward, Ellihu 
 B. Washburne, Webster, Whaley, Wheeler, Joseph W. White, 
 Winficld— 62. 
 
 1865, February 22 — In Senate, it was rejected 
 — yeas 14, nays 24: 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Foot, Howard, 
 Morgan, Morrill, Pomeroy, Ramsey, Sprague, Stewart, 
 Sumner, Wade, Wilson — 14. 
 
 Navs — Messrs. Buckalew, Carlile, Cowan, Davis, Dixon, 
 Doolittle, Grimes, Hale, Harlan, Harris, Henderson, Howe, 
 Johnson, Lane of Indiana, McDougall, Nesmitli, Powell, 
 Richardson, Riddle, Ten Eyck, Trumbull, Van Winkle, 
 Willey, Wrig?U—2i. 
 
 February 28 — A new committee — Messrs. 
 Wilson, Harlan, and Willey, of the Senate, and 
 Schenck, Boutwell, and Jas. S Rollins, of the 
 House, made a report to establish in the War De- 
 partment, for the war and one year thereafter, a 
 Bureau of Refugees, Freedmen, and Abandoned 
 Lands, for the supervision and management of 
 
APPENDIX. 
 
 595 
 
 all abandoned lands, and the control of all sub- 
 jects relating to refugees and freedraen trom 
 rebel States, or from any district of country with- 
 in the territory embraced in the operations of 
 the army, under rules to be approved by the Pre- 
 sident. The liureau to have a CommissioDer at 
 $3,000 a year, and $50,000 bonds, with an as- 
 sisiant commissioner for each rebel State, not 
 exceeding ten, at $2,500 a year, and $20,000 
 bonds. The Assistants to make quarterly reports 
 to the Commissioner, and he a report at each 
 session of Congress. 
 
 Section 2 authorizes the Secretary of War to 
 direct such issues of provisions, clothing, and 
 fuel as he may deem needful for the immediate 
 and temporary shelter and supply of destitute 
 and suffering refugees and freedmen, and their 
 wives and children, under such rules and regu 
 lations as he may direct. 
 
 The bill also gives the Commissioner, under 
 the direction of the President, authority to set 
 apart for the use of loyal refugees and freed- 
 men such tracts of land within the insurrec- 
 tionary States as fhall have been abandoned, or 
 to which the United States shall have acquired 
 title by confiscation, or sale, or otherwise. And 
 to every male citizen, whether refugee or freed- 
 man, as aforesaid, there shall be assigned not 
 more than forty acres of such land, and the 
 person to whom it is so assigned shall be pro- 
 tected in the use and enjoyment of the laud for 
 the term of three years, at an annual rent not 
 exceeding six per cent, upon the value of said 
 land as it was appraised by the State authori- 
 ties in 1860, for the purpose of taxation, and in 
 case no such appraisal can be found, then the 
 rental shall be based upon the estimated value 
 of the land in said year, to be ascertained in 
 such manner as the Commissioner may, by re- 
 gulation, prescribe. At the end of said term or 
 at any time during said term, the occupants of 
 any parcels so assigned may purchase the land 
 and receive such title thereto as the United 
 States can convey upon paying therefor the 
 value of the land, as ascertained and fixed for 
 the purpose of determining the annual rent as 
 aforesaid. 
 
 The report was adopted in Senate. 
 
 March 3 — It was adopted in the House with- 
 out a division, after a motion to lay it on the 
 table, made by Mr. Cox, was rejected — yeas 
 52, nays 77, as follows: 
 
 Yeas — Messrs. James C. Allen, Ancona, Bail;/, Bliss, 
 Brooks, CofTroth, Cox, Dawson, Denison, Eden, Edgcrton, 
 EUlridge, English, Fiixck, Ganson, Gnder, Harding, Benja- 
 min G. Harris, Charles M. Harris, Herrick, Bolman, Philip 
 Johnson, Kalbfleisch, Keman, Knapp, Law, Le Blond, Long, 
 Marcy, McAllister, McKinney, William H. Milhr, James B. 
 Morris, Morrison, Kelson, Odell, John O'Neill, Pendleton, 
 Pruyn, Samud J. Randall, William II. Randall, Ross, 
 Scott, John B. Steele, Stiles, Slrouse, Stuart, Toiunsend, V'oor- 
 hets, Wheeler, Chiltm A. White, Teaman— 52. 
 
 Nays — Messrs. Alley, Allison, Ames, Arnold, Ashley, John 
 D. Baldwin, Baxter, Beaman, Blaine, Blow, Boutwell, Brandc- 
 gee, Bioomall, Ambrose W. Clark, Freeman Clarke, Cobb, 
 Cole, Ilonry Winter Davis, Thomas T. Davis, Dawes, Dem- 
 ing, Eliot, Farnsworth, Frank, Garfield, Gooch, Grinnell, 
 Iligby, Ilotchlciss. Asahel W. Hubbard, John H. Hubbard, 
 Hnlburd, Ingersoll, Kasson, Kelley, Francis W. Kellogg, 
 Orlando Kellogg, Knox, Littlejohn, Loan, Longyear, Mar- 
 vin, McBride, McCIurg. Moorhead, Morrill, Daniel Morris, 
 Anios Mycr.s, Leonard Myers, Norton, Charles O'Neill, Orth, 
 Patterson, Perham, Pike, Price, John H. Rice, Edward H. 
 Rollins, Jnmes S. Rollins, Schenck, Scofield, Shannon, 
 Sloan, Spalding, Thayer, Thomas, Tracy, Upson, Van Valk- 
 eiiburgh, Ellihu B. Washburne, William B. Washburn, 
 
 Whaley, Williams, Wilder, Wilson, Windora, Woodbridge — 
 77. 
 
 Action of State Legislatures on the 
 Anti-Siavery Amendment. 
 
 MAINE. 
 
 PF.XATE FK.BRU.VKV 7, 1865. 
 
 Teas — Messrs. Jeremiah Dingley, jr., Parker P. Bur- 
 leigh, George W. Woodman, Samuel A. Ilolbrook, Georga 
 Pierce, Daniel T. Richardson, Eben M. Ilarnor, Moses K. 
 Ludwig, Jolin B. Walker, Joseph A. Sanborn, Josiah True, 
 Crosly Hinds, Everett W. Stetson, William Wirt Virgin, 
 Thomas Chase, Elias J. Halo, Augustus D. Manson, Osgood 
 N. Bradbury, Lewis Barker, Thomas J. Southard, John S. 
 Teunev, David D. Stewart, Samuel 11. Talbot, Lewis L. 
 Wads\vorth,jr., William McGilvery, Eliaa Milliken, Esreff 
 II. Banks, Lutlier Sanborn— 27. 
 
 Nays — None. 
 
 HOUSE — FKBKUARY 7, 1865. 
 
 Yeas — Messrs. A. II. Abbot, Freeman Atwood, John Bar- 
 ker, George C. Bartlett, Isiuic Bealo, William Bean, Calvin 
 Bickl'ord, Gershom Bliss, T. W. Bowman, John II. Brad- 
 ford, J. D. Bragdon, Lewis Bingham, Alorizo Bryant, Row- 
 land Carlton, Reuben Carver, M. V. B. Chase, William II. 
 Chesley, Cyrus P. Church, Tobias Churchell,S. W. Cleaves, 
 N. O. Crane, Josiah Crosby, Franklin Curtis, W. A. P. Dil- 
 liiigliam, N. Dingley, jr., il M. Eaton, M. M. Eaton, II. A. 
 Ellis, J. W. Fairbanks, D. J. Fisher, John B. Fogg, G. L. 
 FoUunsbee, Charles Foster, J. B. Foster, A. C. French, John 
 French, Chas. II. Frost, Thomas II. Garnsey, Jesse Gould, 
 George Gowcr, Joseph Granger, J. A. Gushee, John Haley, 
 Calvin Hal, Timothy Haw, G. W. Hammond, Otis Hath- 
 away, Asa Heath, Samuel F. Hersey, J. U. Hill, N.T. Hill, 
 John D. Huiikiiis, Reuben S. Hunt, A.F. Hutchinson, I. W. 
 Juliiison, A. M. Jones, D. H. Kilbreth, Wm. H. Kilbv, 
 Tl.omas S. Lang, S. W. Larrabee, Thomas Little, Wm. b\ 
 Lord, B. Lyibrd, jr., Gideon Mayo, II. S. McIntire,T. H. 
 McLaiu, D. Merry, J. F. Miller, Merrick Monroe, N. P. 
 Monroe, John Montgomery, J. S. Moore, Wm. Moore, E S. 
 F. Nickersou, Lyndon Oak, George F. Patten, Rufus Patten, 
 George W. Perkins, Nathan Philbrick, William J. Phil- 
 lips, William Poole, Abel Prescott, J.H.Pullen, Francis A. 
 Reed, B. M. Roberts, Spaulding Robinson, William Rogers, 
 J. H. Sanborn, J. U. Sayward, F. A. Simpson, George W. 
 Smith, John L. Stevens, Martin L. Stover, S. H. Sweetzer, 
 Rufus P. Tapley, Joel Valley, A. K. Walker, D. P. Wasgatt, 
 Nathan Webb, E. P. Weston, Joseph H. Williams, William 
 Wilson, Alraon Young — 103. 
 
 Nays — .Messrs. B. M. Baker, Samuel M. Bradbury, Thos. 
 J.Burbank, Joseph Chase, O. G. Hamilton, William B.IIig- 
 gins, William Hill, Isajic Hobart, James M. Howe, jr., J. 
 D. Lawler, Sewall Lord, Edward Pay sou, Charles A.Shaw, 
 0. R. Sirois, Joshua Whitney — 16. 
 
 NEW HAMPSHIRE. 
 
 Legislature will meet June 7, 1865. 
 
 MASSACHUSETTS. 
 
 SENATE— FEBRUARY 3, 1865. 
 
 Yeas — Messrs. Charles Adams, jr., Henry Alexander, jr., 
 Eben A. Andrews, Henry Barstow, Josiah C. Blaisdell, Paul 
 A. Chadbourne, Francis Childs, William W. Clapp, jr.. Free- 
 man Cobb, Charles R. Codman, James Easton, 2d, James S. 
 Eldridge, Jonathan E. Field, George Foster, George Frost, 
 Martin Griffin, George Heywood, Milo Hildreth, Jolia 
 Hill, Francis A. Hobart, Yorick G. Ilurd, Abijah M. Ide, 
 Emerson Joliuson, Thomas Kneil, Alden Leland, Jacob II. 
 Loud, Joel Morriara, Francis E. Parker, Albert C. Parsons, 
 Robert C. Pitman, Joseph A. Pond, William L. Reed, Moses 
 D. Southwick, Hiram A. Stevens, Levi Stockbridge, E. B. 
 Stoddard, Darwin Ware, Solomon C. Wells, Tappan Went- 
 worth, Samuel M. Worcester — iO. 
 
 Nays— None. 
 
 HOUSE — FEBRUARY 3, 1865. 
 
 Yeas— Messrs. Augustus 0. Allen, Daniel Alien, James 
 II. Allen, Horace J. Adams, Joseph L. Andrews, John F. 
 Arnold, Jonathan Arnold, jr., Joseph T. Bailey, John I. 
 Baker, Charles II. Ballard, J. B. Bancroft, Edward Bangs, 
 Seth Bardwell, George W. Bartlett, James Bartlett, Henry 
 Barton, Emory L. Bates, Horatio Bates, William N. Batch- 
 elder, Richard Boeching, Cyrus Bell, Joseph A. Beniamin, 
 Newton J. Benjamin, Joseph D. Billings, Frederick A. 
 Boomer, William Bosworth, Charles M. Bowers, Eleazer 
 Eoynton, jr., Reuben Boynton, Prince Brackett, E. S. Brad- 
 ford, Timothy G. Brmnard, Amos F. Br«>cd, Abram Briggs, 
 Edwin Briggs, Charles O. Brown, George A. Brown, Wright 
 Brownell, George F. Brown, John Brown, Ezra P. Brownell, 
 Alexander II. IJuUock, Erskine D. Burbanlc, Charles O. 
 Burnham, Henry 31. Burrall, Henry J. Bush, Archibald 
 
596 
 
 APPENDIX. 
 
 Campbell, Levi N. Campbell, George P. Carter, William 
 drpenter, Horace J. Chapin, John Cliirk, James W. Clark, 
 William S. Clark, George P. Clapp, Ira N. Conaut, David 
 11. Coolidge. Horace II. Coolidse, George W. Copelaud, 
 AMel 15. Crane, lully Crosby, William Cumston, George 
 Bane, William Daniela, William W. Davis, George Davis, 
 Goorge V. Denny, llnbertW. Derby, AusonDextor, Daniel 
 Dewey. Charles C. Doten, Lewis J. Dudley, Theodore Dunn, 
 (ioorge N. Button, Edwin Draper, Jedodiah Dwelley, Jacob 
 S. Eaton, John Eddy, David G. Eldridge, Henry II. Faxon, 
 Biri.ib W. Fay, Anson D. Fessenden, Zibeon C. Fiold, 
 ebarles Fitz, Samuel J. Fletcher, James J. Flynn, John W. 
 Frederick, Reuben P. Folger, Nelson J. Foss, William Foss, 
 Bcnadam Gallup, Micajah C. Gaskill, Jarvis W. Gibbs, 
 Amasa Gibson, Nathaniel Gilbert, John Glanccy, Charles 
 Goddard, William B. Goodnow, Thomas C. Goodwin, George 
 W. Greene, Henry S. Greene, Daniel U. Haines, Arad Hall, 
 Juseph Hall, George F. Hatch, George L. Ilawkes, Joel P. 
 Hnwins, Luther Hill, Thomas Hills, Nathaniel J. Holden, 
 William H. Hooper, John C. Houghton, Cornelius IIow- 
 lud, T. W. Horton, Richard A. Hunt, Robert Johnson, 
 L.'vi F. Jones, Silas Jones, Horace W. Jordan, C. F. John- 
 bon, Calvin Kelton, John W. Kimball, Moses Kimball, Lu- 
 cius J. Knowles, David Knox, Luke Leach, Job M. Leon- 
 kr.I. Simoou L. Leonard, Edward Lewis, Samuel Little, 
 William B. Long, Willard Lovering, Leander F. Lyndo, 
 John W. Mahan, John F. Manahan, Elbridge G. Manning, 
 John P. Marble, Lorenzo Marrett, Sylvester S. May, Wil- 
 liam F. MoKinstry, Charles R. McLean, William T. McNeill, 
 A. M. McPhail, jr., Simeon Miller, Joseph Mitchell, 2d, 
 George H. Monroe, Elliot Montague, Henry W. Moultou, 
 John G. Mudge, David C. Murdock, John S. Needhani, 
 Ueury A. Noyes, Albert Nichols, Charles II. Odell, Caleb 
 W. Osborn, Samuel Osborn, jr., Theodore Otis, Amasa 
 Paine, George W. Patch, Frederick Pease, George S. Pen- 
 d'.Tgast, Benjamin F. Phillips, Avery Plumer, J(jb Pierce, 
 Joseph G. Pollard, Handel Pond, Ezra T. Pope, Charles P. 
 Preston, Thomas II. Prime, Francis B. Ray, Thomas Rice, 
 jr.. Stephen N. Richardson, Edwar*-Riluy, John F.Robbina, 
 Edward H. Rogers, Jacob Rogers, Robert B. Rogers, Simon 
 J . Roney, Harrison Root, Amos Rowe, jr., Henry 0. Rus- 
 sell, George D. Ryder, George S. Saunders, Ezekiel Sawin, 
 George L. Sawin, Luke Sawyer, Henry A. Scndder. Henry 
 Seymour, Elijah Shaw, Edgar J. Sherman, Henry Shortle, 
 George Soule, Jesse G. D. Stearns, Albert W. Stevens, 
 Charles T. Stevens, Daniel II. Stickney, F. M. Stone, Zina 
 E Stone, Caleb Swan, Ephraim Snow, Daniel J. Sweeney, 
 Henry Souther, Lewis II. Taylor, Solomon Thatcher, David 
 Thayer, Oukes Tirrell. Joseph Tucker, Nathan Tucker, jr., 
 Calvin K. Turner, 2d, Seth Turner, Robert A. Viual, Wil- 
 liam Vinton, Thomas L. Wakefield, Edward P. Wallace, 
 Sullivan L. Ward, T. W. Ward, A. W. Warren. Cephas 
 W;ishburn, jr., Ilor.ace Waters, John Wells, Stephen R. 
 White, Augustine Whitney, Lewis C. Whiten, Crocker 
 Wilder, William F. Wilder, Frederick A Willard, Charles 
 
 A. Winchester, George C. Winchester, Lyman Woodward 
 
 Nats — None. 
 
 KHODE ISLAND. 
 
 SENATE — FEBRUARY 2, 1865. 
 
 Te.^S— Messrs. Seth Padelford, Francis Armington, Nich- 
 olas Ball, Thomas T. Barber, Borden Chase, Samuel W. 
 Church, Lyman A. Cook, Frederick N. Cottrell, Lewis 
 Fairbrothcr, Stephen C. Fisk, Anson Greene, Charles Hart, 
 Job W. Hill, Bradbury C. Hill, Edwin W. Hopkins, Wil- 
 liam B. Ilowland, Benedict Lapman, William B. Luwton, Al- 
 len C. Matthewcson, John W. Morcy, Abner W. Peckham, 
 James M. Pendleton, Benjamin Seabury, Samutd Shove, Job 
 8. Steene, Pardon W. Stevens, Enos K. Tiflt, Thomas A. 
 Whitman— 28. 
 
 N.\TS — Messrs. Gideon II. Durfeo, John C. Ellis, Joseph 
 W. Sweet, Labau C. Wade— 4. 
 
 HOUSE— FEBRDART 2 1865. 
 Yeas— Emor J. Angell, Asa B. Anthony, Smith R. Ar- 
 ni-ild, Olney H. Austin, Bowse Babcock, William Binney, 
 EUirf L. Blake, William W. Blodgett, Henry D. Brown, 
 Oliver C. Brownell, Hazard A. Burdick, William Buller, 
 Albert W. Carpenter, Hazard E. Champlin, Edmund N. 
 Clark, John II. Clarke, Thomas N. Clarke, Ralph P. Deve- 
 reaux, Luther Dickens, Herbert E. Dodge, Benjamin F. 
 Browne, Nathaniel B. Burfee, Alexander Farniim, John S. 
 Fiske, James E. France, Asa M. Gammcll, Joseph F. Gil- 
 more, Christopher A. Hall, David S. Harris, Stephen Har- 
 ris, Thomas G. Hazard, Charles W. Holbrook, Geo. W. 
 Holt, Jeft'ersou S. Howard, Henry Ide, Ephraim S. Jackson, 
 George G. King, Jesse Metcalf, Joseph Olnoy, George L. 
 Owen, Benjamin G. Pabodie, George W. Pay ton, Samuel 
 W. Pearco, Abraham Peckham, James D'W.Peiry, Daniel 
 
 B. Pond, William M. Rawson, Stafiord W. Razee, William 
 U. liejruolda, Daniel Saylea, William P. SUoffield, George 
 
 W. Sheldon, William Sheldon, temnel M. E. Stone, Lyman 
 A. Taft, Benjamin J. Tilley, James Waterhouse, Henry B. 
 Waterman, Thomas C. Watson, Aernon Weaver, John E. 
 Weeden, Alired A. William.s— 02. 
 
 Nays— Cyrus H. M(..rse, Amasa Sprague, Henry G. Tucker. 
 Alfred n. Willard-4. 
 
 CONNECTICUT. 
 Legislature will meet May 3, 1865. 
 
 VEEMONT. 
 
 SENATE. 
 
 Amendment ratified, but vote not received. 
 
 HOUSE MARCH 9, 1865. 
 
 Teas — Addison county : Charles Merrill, Parris Fletcher, 
 Noble F. Dunshee, Henry Lane, Michael Ball, James Car- 
 son, William C. Chafi'ee, A. S Barker, John W. Stewart, Ira 
 Gifford, L. S. Ilemenway, E. Holland, Joseph Smith, A M. 
 Everts, Lewis Tread way, Thomas Morrison, William S. 
 Hopkins, Edwin Everts, Edwin Lawrence, F. G. Wright. 
 nennington county: J. N.B. Thomas, A. B. Gardner, Wel- 
 come Allen, John Elwell, Ambrose Woodward, John C. 
 Roberts, A. G.Bowkcr, W. B. Arnold, Apollos Bailey, Wil- 
 liam Sherman, Walter B. Randall, Aaron Pike, P. Shuffle- 
 ton, Cephas Williams, Obed Eddy. Caledonia county: C. 
 A. Sylvester, C. T. A. Ilumphrev, William J. Stanton, A. 
 P. Renfrew, D. AV. Aiken, E. W. Church, M. C. Henderson, 
 Jacob Way, George Cowles, Gates B. Bullard, Joseph Bart- 
 lett, Ilarvey Burbank, J. \\. Hastings. VInUenden county : 
 Lawrence Barnes, H. H. Newell, A. C. Brownell, D. H. Ma- 
 comber, M. H. Baldwin, Henry Brewster, L. L. Lane, U. Q. 
 Boardman, Safford Bronson, John L. Barstow, Normiin Is- 
 ham, Martin Wires, Alney Stone, D.B. Fay. Essex county : 
 Raymond Fuller, AV. M. Currier, S. H. Parsons, Levi Howe, 
 0. T. AValter, Philander C. Ford, AViUiani H. Meacham, 
 AVilliam Sims, AVilliam Sewall, Isaac R. Houston. Frank- 
 lin county : AA'illiam C. AVilson, George C. Ellsworth, W. R. 
 Hutchinson, Anson Soule, A G. Soule, A. E Parker, John 
 Colcord, Hiram II. Hale, AVarron Robinson, Columbus Green, 
 Orville J. Smith, John F. Draper, Bradley Barlow, Deuni- 
 son Dornian. Grand Mc county : II. P. Kinsley, J. Mc- 
 Gowan, S. II. Pike, Joel Town, 0. G. AVheeler. Lamoille 
 county : Junius Wires, James Brown, Charles S. Parker, B. 
 S. Page, Samuel Belding, Jc^eph J. Boynton, E. H. Shat- 
 tuck, Ira D. R. Collins. Orange county : J. A. Spear, 
 Ephraim F. Claflin, AVilliam Hebard, AVilliam II. Kibhey, 
 M iUiam R Shedd, E. C. (. amp, L. L. AVheeler, Harry Hun- 
 tington, S. M. Gleason, William T. George J. M. AVliitncy, 
 lleman A. AVhite. Orleans count;/ : II. P. Gushing, Isaac 0. 
 Smith, Daniel AVebster, Ira Boynton, Jesse E Merrill, J. H. 
 Skimer, Duron AVhittK'sey, John M. Smith, George A. Ilin- 
 nian, Silas G. Bean, David Johnson, B. F. Paine, Byram 
 Bartlett, Ira A.Adams, Edson II. Lathe, H. C. Wilson, D. U. 
 Buck, 1. 1). Bemis. liuiland county : Daniel Crofoot, G. W. 
 Parmeuter, Pitt W. Ilvde, L. I. Winslow, Lensey Rownds, 
 jr., II. Fisk, Corrill Reed, B. F. Holmes, AViilard Rose, 
 J. C. Thornton, Ilarley Spaulding, Alfred Crowley, Luther 
 P. Rowe, Ervin Pratt, R. F. AVing, J. C. Wheaton, Charles 
 A. Rann, Seneca M. Dorr, Joseph H. Spofford, H. C. Gleason, 
 Cyrus Cramton, D. E. Nicholson, J. U. Parks, Samuel 
 Adams. Washington county: Josiah Benjamin, Edwin 
 Fisher, A. M. Foster, Edwin C. Crossett, T. C. Kelton, George 
 0. Boyco, C. AV. II. Dwinell, C. C. Putnam, AVhitman O. 
 Ferrin, George Bulkley, Samuel Keith, AViilard S. Martin, 
 Edmond Pope, David M. Phelps, John Dolph, William AV. 
 AVells, A. AV. Nelson, J. E. Macomber. Windham county : 
 A. A. Wyman, S. M. Waite, C. AV. Stebbins, William II. 
 Jones, Leroy AVilder, Francis Daniels, Samuel L. Hunt, A. 
 II. Tucker, Elijah M. Torrey. Alanson AVhitman, Simeon 
 Adams, Austin J. Morse, John Kimball, Albert Blanchard, 
 Jonas II. Smith, 0. S. Howard, Lorenzo Brown, A. J. Dexter, 
 L. F. AA^ard, Waters Gillett, James M. Tyler, Stephen Har- 
 ris. Windsor county : Geo. AV Stickney, George Davi^, F. 
 AV. Anderson, John F. Deane, Wm. Rounds, A. G. Dowey, 
 John Colby, H. W. Albee, A. G. Pease, A. B. Martin, Ilarvey 
 N. Bruce, 5lerritt E. Goddard, AVm. M. Huntington, John 
 S. Marcy, A. B. Mosher, C. A. Forliush, J.B. Rogers, Ilyren 
 Henry, Lucius A. Gould, M.F.Morrison, Stephen G. Abbott, 
 Lewis Pratt— 215. 
 
 Nats— D. H. Shoflf of Essex, John Lynde of Orange— 2. 
 
 NEW YOBK. 
 
 SENATE FEBRUARY 2, 1865. 
 
 Teas — Messrs. Norman M. Allen, Cheney Ames, Wilkes 
 Angel, Alexander II. Bailey, .Tames A. Bell, Daniel H. Cole, 
 James M. Cook, Eara Cornell, John B. Butcher, Gharles J. 
 Folger, Frederick II. Hastings, P.ilmer E. Havens, Stephen 
 S. Ilayt, Albert Hobbs, Frederick Juliand, AVilliam Laim- 
 beer, jr., Henry R. Low, Demaa Strong, Andrew D. White, 
 Stephen K. AVaUums— lIO. 
 
APPENDIX. 
 
 597 
 
 N \TS — MeFRj-s. Orson M Allaben, George Beach, Robert 
 Cliristie, jr., Ltike F. C'ozans. Thomus C. Fields, Ueury C. 
 Jlurphy, Ira Shaler, Christian B. Woodruff— 8. 
 ASSEMBLY FEBRUARY 3, 1865. 
 
 Yeas — Messrs. Charles M. Craiidall, Albon A. Lewis, Wil- 
 liam P. Angel, E. Curtis Topliff, Benjamin M. Close, .luliu 
 L. Parker, Scxtns II. Ilungerl'ord, Martin Crewell, William 
 T. Piist, George W. Sumner. Samuel S. Stafford, Samuel VV. 
 Carpenter, D.m'l Squires. Ira E. Sherman, James Oliver, 
 James Howard, JIai k D. Wilber, Edwin W Godfrey, William 
 H. Richardson, John W. Brown, Henry Tillinghast, E. 
 Bradley Lee, James C. Kellogg, Lewis Palmer, Russell B. 
 Biddlecome, John C. Perry, Jacob Worth, Nathan Clark, 
 Hugii D. McCall, Jonathan B. Morey, Alfred A. Brown, 
 Alvin Strong, Fairchild Andrews, William R;iukin, Thomas 
 E. Stewart, Samuel C. Reed, Thomas B. Van Buren, CJuy 0. 
 Humphrey, Lorenzo Rjuse, Thomas D. Pentield, George W. 
 Cole, Albert L. Green, Daniel P. Wood, Harvey P. Tolman, 
 Volney Edgerton, Edward Brunson, Ananias B. Ilulse, 
 Edmund L. Pitts, Elias Root, Richard K. Sanford, Avery 
 W. Severance, George M. HoUis, Robert M. IIa,sbri uck, 
 George Parker, James Redington, Daniel Shaw, Edward 
 Edwards, Charles Stanford, Lorenzo Webber, Willi im E. 
 Boiiham, Alexander Olcott, Horace Bemis, William H. 
 Gleasou, William W. Shepard, Henry B. Lord, Jeromo Lap- 
 )iam, Sylvester E. Spoor, Thad.leus W. Collins, William U. 
 Rogers, George A. Brandreth, George G. Uoskins, Eben S. 
 Smith — 72. 
 
 N.\TS — .Messrs. Harman A'anderzee, Oliver M. Hunger- 
 ford. Alexander Robertson, Walter Shultz, Walter W. Staii- 
 ani, Harman S. Cutting, John G. Langner, Prentiss W. 
 Halleubcck, William D.Veeder, Patrick Burns, John McCon- 
 vill, Simeon Sammons, Jacob L. Smith, Bryan Gaughan, 
 George L. Loutrel, James B. Murray, Charles Blauvelt, 
 Edward S. Maloy, Jacob Seebacher, Thomas J. Creamer, 
 John McDon.ald, Joseph A. Lyons, Alexander Ward, Michael 
 N. Salmon, John Keegan, Sidney P. Ingraham, jr., Abram 
 B. Weaver, Theodore H. Cooper, Luther I. Burditt, Jere- 
 miah Slierwood, William Turner, Charles McNeill, Mathew 
 V. A. Fonda, James Itidgeway, Prince W. Nickerson, Geo. 
 W. Chapman, Edward Eldredge, Jesse F. Bookstaver, An- 
 drew S. Weller, Pierre C. Talnian— 40. 
 
 NEW JERSEY. 
 
 SEN.\TE — MARCH 16, 18G5. 
 
 A joint resolution ratifying the proposed 
 Constitutional Amendment was offered by 
 Hon. James M. Scov-l, of Camden county, and, 
 after a prolonged debate, was defeated by the 
 vote given below : 
 
 Yeas — Messrs. Richard M. Acton, Benjamin Buckley, 
 George D. Horner, Providence Ludlam, Joseph L. Reeves, 
 James M. Sc )vel, W. W. Ware, George M. Wright— 8. 
 
 N AT.s — Messrs. Lyman A. Chandler, Joshua Doughty, Dan- 
 iel Holsman, James Jenkins, Henry B. Kennedy, Henry 
 S. Little. Joseph J. Martin, Theodore F. Randolph, Amos 
 Robins, Edward W. Scuddor (President,) John G. Trusdell, 
 Alexander Wurts — 12. 
 
 HOUSE MARCH 1, 1865. 
 
 Yeas — Messrs. Nathan S. Abbott, John Bates, Thomas 
 Philander C. Brinck, William Callalfan, Jas. D. Cleaver, 
 Eeesley. Jacob Birdsall, Isaac D. Blauvelt, John F. Bodiue, 
 Joseph T. Crowcll (Speaker.) A. M. P. V. II. Dickesou, Sam- 
 uel Fisher, Alexandir B. Green, Rulus F'. Hai risoii, Isniel 
 Hiuliiigs, Henry J. Irick, Levi D. Jarrard, Simon Lake, 
 John N. Landell, Charles C. Lathrop, Charles A. Lighlhipe, 
 Robert Moore, Isaac VV, Nicholson, James H.Nixon, Thoni- 
 a.s B. Peddie, J. B. I. Robison, Ryneir 8taats, Samuel Stock- 
 ton, Garret Van Wagoner, William D.Wilson — 30. 
 
 Nays— Messrs. Leon Abbett, Elyah Allen, David Ander- 
 son, David B. Boss, William L. Broking, Daniel Cory, Abra- 
 ham C. Coriell, D. E. Culver, Isaac Demarest. Philip A. 
 
 Dougherty, Abraham W. Duryee, Edsall Jas. E. Go- 
 
 ble, A. B. Having, Charles G. Iloagland, Jesse Hoffman, 
 Daniel A. Holmes, William J. Iliff, William W. Iliflf, Ber- 
 nard Ke irney, Aaron Kinter, Geo. Schenck, J. C. Seiffert, 
 Michael Taylor, Alfred M. Treadwell, Hiram Van Buskirk, 
 John Van Vorst, John A. Weart, James J. Willever, Silas 
 Young— aO. 
 
 DELAWARE. 
 
 SENATE FEBRUARY 8, 1865. 
 
 Yeas— Messrs. John P. Belville, John F. Williamson, 
 Isaacs. Elliott— 3. 
 
 Nays — Messrs. John II. Bewlcy, Thomas C.ihall, Henry 
 Hickman, William Hitch, James Ponds, Govu Saulsbury — 6. 
 
 HOUSE FEBRtlART 8, 1865. 
 
 Yeas — Messrs. John Alderdice, John A. Duncan, Andrew 
 Eleasin, James II. Iloffecker, John O. Jackson, Elias N. 
 Moore, Merit H. Pa.xson — 7. 
 
 Nats — Messrs. Charles .M. Adams, William P. Carney, 
 Henry C. Douglas, William Dyer, William D. Fowler, Abner 
 Harrington, John Hickman, Benjamin Hitch, Shepard P. 
 Houston, John Jones. Miles Messick, James Stuart, Henry 
 Todd, John C Wilson— 12. 
 
 PENNSYLVAlSriA. 
 
 SENATE FEBRUARY 3, 1865. 
 
 Yeas — Messrs. T. J. Bigham, B. Champneys, George Con- 
 nell, J. M. Dunlap, D. Fleming, J. L Graham, Kirk Haines, 
 L. \> . Hall, Thomas Iloge, George W. Househ^ Ider, Morrow 
 B. Lowry. C. McCandless, Jeremiah Nichols, Jacob E. Rid'.^- 
 way, Horace Royer, Thomas St. Clair, S. F. Wilson, W. 
 Worthington, W. J. Turrell, {Speaker)— IQ. 
 
 Nays— Messrs. H. B. Beardslee, George II. Bucher. Hies- 
 ter Clymcr, C. M. Donovan. William Hopkins, 0. P. James, 
 .John Latta, William McSherry, David B. .Montgomery, 
 William M. Randall, J. B. Stark, J. Walls- 12. 
 
 HOUSE FEBRUARY 3, 1865. 
 
 Yeas— Messrs. William Foster, W. II. Ruddiman, W. W. 
 Watt, Joseph T. Thomas, James Freeborn, Thomas Cochran, 
 S. S. Pancoast, F. D. Sterner, L. V. Sutphin, Francis Hood, 
 William F. Smith, E. G. Lee, James Miller, Alfred Slack, 
 John P. Glass. II. B. Herr n, R. A. Colville, Sam'lChadwick, 
 George Y. McKee, J. H. Marsh, Lorenzo Grinnell, Josej^h 
 G. Allium, NiUhan J. Sharpless, N. A. Pennypacker, W. B. 
 Waddell, J. C. Sturtevant, H. C. Alleman, Daniel Reiser, 
 Elwood Tyson, J. R. Cochran, John N. Swoope, John Bals- 
 bach, George E. Smith, J. R. McAfee, E. Billingfclt, R. W. 
 Shenk, Day Wood, Charles Denues, Isaac Hoffer, S. II. 
 Orwig, Samuel Alleman, O. B. Manlej-, Charles Koonce, S. 
 McKinley, William Ilaslett, J. II. Negley, A. K. McClure, 
 Moses A. Boss. D. B. Armstrong, George II. Wells, P. M. 
 Osterhout. J. W. Guernsey, A. G. Olm^tead. Wiliiaia 
 Burguiu, W D. Brown, James R. Ki lley, M. S. Quay— t)C. 
 
 Nays — .Messrs. Samuel Josephs, George A. Quigley, Jamoa 
 Doniiellj', James H.Marshall, John Hissimer, H. B. ithoads, 
 Fred Harner, Luther Calvin, I"". W. Headman, C. L. Pershing, 
 Peter Gilbert, C.T.Alexander, W. W. Barr, T. J. Boyer, 
 E. B. Eldred, W. H. Jacoby, John D. Bowman, T. B. Sea- 
 right, Thomas Rose, Nelson Weiser, J.imes F. Kline, 
 Harry Hakes, A. D. Markley, E. L. Satterthwait, Owen 
 Rice, T. H. Purdy, J. McDowell Sliarpe, Michael Weaver, 
 John Dormer, Joshua Boyer, William H. Nelson, J. F. 
 Spangler, James Cameron — 33. 
 
 MARYLAND. 
 
 SEN.\TE — FEBRUARY 3, 1865. 
 
 Yeas — Messrs. .Tames L. Billingslea, Thomas K. Carroll, 
 Curtis Davis, Elias Davis, George C. Maund, James .M. 
 McNeal, Charles H. Ohr, Edward P. Philpot, Jacob Tome, 
 Robert Turner, Joseph C. Whitney— 11. 
 
 Nays— Messrs. Daniel Clarke, James T. Earle, Sprigg 
 Harwood, John W. Jenkins, r>anicl Jones, Thomas B. 
 Lansdale, Richard Mackall, Littleton Maclin, J. T. B. 
 Mc Master, Wm. B. Stephenson — 10. 
 
 HOUSE FEBRUARY 1, 1865. 
 
 Yeas — Messrs. John M. Frazler, (Spealcer,) David Agnew, 
 
 E. F. Anderson, John W. Angel. C. Bartel, Upton Buhrman, 
 
 F. A. Clift, James H. Cook, Benjamin F.Cronise, J. P. Cum- 
 mins, F. T. Darling, M. Q. Dean. Henry S. Eavey, Georgo 
 Everhart. S. C. Garrison, Thomas B. Hambleton, Joseph 
 Harris, Henry G. Hazeu, John II. Hodson, William II. 
 Hoffman, Caleb B. Uynes, Henry C. Jones, Samuel Keefer, 
 David King, Jesse A. Kirk, II. B. Laverton, James F. 
 Lee, David K. Lusby, David J. Markey, James McCauIey, 
 Jethro J. McCuUough. Henry S. Miller, Thomas H. Mules, 
 Nicholas D. Norris, Nicholas H. Parker, Georgo B. Pen- 
 nington, James F. Pilkinton, Zephaniah Poteet, David 
 Rhinehart, Moses Shaw, Jlichael Sherry, Michael Show- 
 acre, George Slothower, Samuel P. Smith, Thomas A. 
 Smith, Samuel J. Soper, H. J. C. Tarr, Thomas J. Tiill, 
 James Valliant, S. W. Wardwell, Arthur J. Willis, William 
 S. Wooden, Frederick K. Zcigler— 53. 
 
 Nays— Messrs. Charles B. Calvert, jr., Isaac Cairns, R. B. 
 B. Chew, S. Comegys, Ritchie Fooks, Benjamin F.awcett, 
 Joshua R. Handy, Thomas C. Hopkins, Baker A. Jameson, 
 John Lee, Lemuel Malone, Oliver Miller, Alfred B. Nairne, 
 Thomas F. J. Rider, James S. Robinson, Henry A. Silver, 
 Washington A.Smith, Claudius Stewart, John C. Tolsou, 
 Lewis Csilfon. Adam C. Warner, O. W. Watkins, Henry 
 Williams, Joshua R. Wileou — 24. 
 
5918 
 
 APPENDIX. 
 
 VIRGINIA. 
 
 SENATE — FEBRUARY 8, 1865. 
 
 Yeas— Messrs. T. P Brown, L. C.P.Cnwp.r, F. W. Lemo- 
 ly, .T. F. Mercior, S. W. Powell, T. S. Tennis, C. H. Whitc- 
 lurst — 7. 
 
 Nats— None. 
 
 HOUSE — FEBRUAKT 9, 1865. 
 
 Yeas — Messrs. J. Madison Downey, J. J. Henshaw, Job 
 Hawxhurst, Enoch Haislip, Reuben Johnston, Allen C. 
 Harmon, J. U. Birch, 11. E Nash, James W. Browuley 
 Robert Wood, Andrew L. Hill— II. 
 
 Nays — Messrs. William U. Gibbons, Thomas H. Kellam 
 -2. 
 
 KENTUCKY. 
 
 SENATE — FKBKUARY 22, 1865. 
 
 Teas— Messrs. R. T. Baker, N. R. Bluck, B. II. Bristow, 
 J. U. G. Bush. Milton J. Cook, J. K. Duncan, John F. Fisk 
 W. W. Gardner, W. II. Grainscnr, W. C. Grier, J. D. Landrum' 
 Elijah Patrick, John A. Prall— 1.3. ' 
 
 Nats— Messrs. William S. Botts, John B. Bruner, F. S. 
 Cleveland, Harrison Cockrill, Ben. S. Coffey. Richard U. 
 Field, T. T. GaiTard, Asa P. Grover, T. W. Ilammoiid, .Tames 
 Harrison, John J. Landram, II. D. McIIcnry, William B 
 Road, Geo. C. Riffe, James F. Robinson, William Sampson, 
 Ben. Spaulding, Cyrenius Wait, Walter C. Whitaker, C. T. 
 Worthington, George Wright — 21. 
 
 HOUSE — FEBRUARY 23, 1865. 
 
 Teas— Messrs. A. S. Allan, T. J. Birchett, Henry Bohan- 
 lon, John C. Bolin, E. A. Crown, John W. Campbell, James 
 *\'. Davis, Sebastian Eilort, John K. F.iulkner, Elijah Gab- 
 Dert, Aaron Gregjr. R. A. Il.amilton, Jacob Hawthorn, A. 
 H. Herrod, M E. Ingram, 0. P. Johnson, William R. Kin- 
 jey, Perry S. Layton, J. II. Lowrv, William L. Ncale, 
 iliram S. Powell, J. C Sayers, E. W. Smith, Henry G. 
 Vnu Scggern, Willie Waller, M.E. White, George H. Whit- 
 ;en. James Wilson, George T. Wood — 29. 
 
 Nats— Messrs. II. Taylor, Alfred Allen, Willi.am M. Allen, 
 fVilliam II. Baker, .Joshua F. Bell, William Cell, James T. 
 Bramk'tte, William A. Brooks, R. J. Brown, Isaac Callioon, 
 r. P. Cardwell, John B. Carlile, Joseph H. Chandler, John 
 r. Clark, Samuel E. Dellaven, John M. Delph, Edward F. 
 Dnlin, William Elliott, J. B. English, W.M.Fisher, Stephen 
 F. Gano. Francis G.arduer, Eben M. Garriott, .Tohn J. Gate- 
 Aood, Iliram Ilagan, C. M. Hanks, Richard II. Hanson, 
 D. C. Harvey, P. IS. Hawkins, Thomas P. Il.iyes, Samuel 
 L'.rkins, J. F. Lauck, L. S. Luttrell, Thomas A. Marshall, 
 John S. McFarland, John L. McGinnis, Milton McCrew, 
 H. C. McLoed, W. II. Miller, Thomas W. Owings, William 
 \.. Pepper, James T. Pierson, F. M. Ray, John D. Ross, George 
 i. Shanklin, E. 11. Smith, R. J. Spnrr, Caleb Stinson, T. R. 
 Taylor, John R. Thoracis, S. B. Thomas, William B.Thomp- 
 lon, II. W. Tuttle, Thomas W. Varuum, A. G. Waggeuer, 
 4. H. Ward, Isaac N. Webb— 57. 
 
 OHIO. 
 
 SENATE — FEBRUARY 7, 1865. 
 
 Teas — Messrs. Joshua Bates, J. M. Connell, J. Cranor, 
 William F. Curtis, .Joseph C. Devin, Benjamin Eggleston, 
 tsajic G.iss, Lewis B. Guuckel, Alphonso Hart, A. P. How- 
 ird, William C. Howells, Samuel llumphreville, John C. 
 Jamison, James Loudon. Henry S. Mirtin. H. O. McBur- 
 oey, N. K. McKeuzie, II. S. Neal, Eben Newton, .Tohn F. 
 Patton, AVilliam Stanbery, William Stanton, Job E. Steven- 
 ion, William H. West, Frederick Wickham, Saumel Wil- 
 liamson— 2fi 
 
 Nats — Messrs. George L. Converse, William Lang, John 
 D. O'Connor, M. R. Willett^l. 
 
 HOUSE FEBRUARY 8, 1865. 
 
 Teas — Messrs Allison, Ayres, Babcock, Bidwell, Branch- 
 man, Brinkerhoff, Clark, Cochrane, Davenjjort, Dawson, 
 Delano, Deford, Dryden, Evans of Brown, Evans of Clinton, 
 Everett, Ferrell, Forbes, Free, Galogly, Glover, Green of 
 Hamilton, Gunsaulus, Harrison, Ilayden, Hixon, Hogh, 
 Hoover, Huston, Johnston of Athens, .Johnson of Lawrence, 
 Johnson of Summit, Kej-ser of Noble, Kibbee, Kirby, 
 Knelend, Lindsley. Little, Lockwood, Long, Lyon, McGiil, 
 Mclntyre, Messenger, Miller, Odlin, Purcrll, Randall, Re- 
 ber. Soot, Scott, Seig, Spahr, Thompson, Warner, Waters, 
 West— 57. 
 
 Nats— Messrs. Beer, Desbach, Edwards. Estill, Fielding, 
 Hibbs, Jones, Kyser of Monroe, Putnam, Thoruhill — 10. 
 
 LOUISIANA. 
 
 SEVATE FEBRUARY 17, 1865. 
 
 Teas — Me.ssrs. Barnett, Bell, Brownleo, Brown, Boyce, 
 
 Benson, Gastinel, Hart. Ilills, Kavanagh, Lara, Montamat, 
 Newell, Nicolas, Purcell, O'Connell, Sullivan, Walter*— 18. 
 Nats — None. 
 
 HOUSE FEBRUARY 14, 1865. 
 
 Teas — Messrs. G. E. Bovee, E. 51. Bouligny, James 
 Buckley, J. V. Bofill, Joseph G. Baum, Lewis Balsnr, 11. 
 Brown, II. Bensell, jr., Joseph S. B.^dger, Simeon Belden, 
 D. W. F. Eisbee, Young Burke, F. Boudreaux,G. W. Bangs, 
 L. Bernard, C. G Breckenridge, H. C. Belden, R. L. Brooks, 
 P. Creigh, F. G. Chamberlain, D. Christie, L. D. Corlev, 
 T. Cook, B. Collins, P.*. Dufresne, James Duane, Victor 
 Danel, M. Egan, D. Ev.ans, John Foley, R. Gammon, E. 
 Galligan, II. Grifliths, P. Harnan, G. Howes, J. Haberlin, 
 F. Henratty, J. M. Hawkins, A. Hawthorne, Thomas In- 
 gram, T. F. Kavanagh, Jacob Kleas, T. U. Lastcr, T. J. Lester, 
 L. E. Laloire, S W. Lewis, John McCann, W. D. Miller, R. 3L 
 Miller, W. R. Mecks, II. Maas, John T. Michel, C. St. Mar- 
 tin, A. B. Mace. T. F. Maguire, T. Marie. P. K. O'Connor, 
 0. II. Poynot, H. G. Pearson, jr., W. M. Prescott, W. A. 
 Riggs, John Botge, Boyd Robinson, J. A. Spellicy, J. 
 Schillang, W. H. ^<evnlom■, M. Senette, P. E. B. Smith, 
 D. W. Shaw, John S. Tully, S. M.Todd, J. T. Van Trump, 
 Thomas J. Wheeler, John J. Woodward, John T. Wood, 
 W. H Waters, James Walsh— 78. 
 
 Nats — None. 
 
 INDIANA. 
 
 SENATE — FEBRUARY 10, 1865. 
 
 Teas— Messrs. Allison, Beeson, Bennett, Bonham, Brown 
 of Hamilton, Cason, Chapman, Cullon, Davis, Downey, 
 Dunning, Dykes, Ilj'att, Milligau. Niles, Noyes, O.vler, Pen- 
 den, Richmond, Terry, Thompson, Van Buskirk, Ward, 
 Wood, Wright— 26. 
 
 Nats — Messrs. Barker, Bowman, Bradley, Brown of 
 Wells, Carson, Cobb, Corbin, Douglass, English, Finch, 
 Fuller, Gaff, Giflord, Hanna, Hord, Jenkins, Marshall, 
 Mason, McClurg, Newlin, Staggs, Vawter, Williams— 24. 
 
 HOrSE— FEBRUARY 13, 1865. 
 
 Teas — Messrs. Thomas Atkinson, E. Banta, Robert Boyd, 
 D.avid C. Branham, John T. Burns, David M. Chambers, 
 Firman Church, Fred. W. Cook, E. Co.x, John Sim, William 
 ■\V. Fouike, Howard Crook, F. M. Emerson, Benj. F. Ferris, 
 Bonj. T. Goodman, Samuel Gregory, Francis P. Griffith, 
 Henry Groves, John A. Hendricks, Joseph M. Hershey, J. 
 L. Miller, William H. Bonner, William W. Higgins, John 
 H. Willis, Charles F. Hogate, Jonas Hoover, Ilenly James, 
 Silas Johnson, Alfred Kilgore, Higgins Lane, Robert M. 
 Lockhart, N. J. Major, F. M. Meredith, J. E. Woodruff, 
 Seymour P. Montgomery, Horatio C. Newcomb, J. H. 
 McVey, Ezra OUeman, Thomas W. Reese, B. E. Rhoads, 
 Joseph Riford, Stephen C. Sabin, Michael T. Shuey, David 
 M. Stewart, William Stivers, Thomas M. Stringer, Edward 
 T. Sullivan, Gilbert Trusler, Ilarvey W. Upson, Augustus 
 Welch, Thomas C. Whiteside, Bartlett Woods, T. T. Wright, 
 Philip Zeigler, John U. Pottit, {Spea!.er}—5Q. 
 
 N.ws— Slessrs. O. Bird, Stephen G. Burton, Newton Bur- 
 well, Samuel Buskirk, A. J. Beckett, John R. Coffroth, 
 Philonion N. Collins, Samuel Colover, E. Croan, Cyrus L. 
 Dunham, Lloyd Glasebrook, Richard Gregg, John Hargrove, 
 James Harrison, Jonas G. Howard, John M. Humphreys, 
 Thomas Hunt, t harlcs R. Lasselle, John P. Lemon, John 
 W. Lopp, Cornelius J. Miller. John B. Milroy, R. Osborn, 
 Robert Pcrigo, J. W. Richardson, II. L. Roach, Samuel A. 
 Shoair, John M. Stuckey, John G. Stinger, Elijah M. Spen- 
 cer, Thomas M. Sullivan, J. T. Shoali", George C. Thatcher, 
 A. C. Veach, John H. White— G6. 
 
 ILLINOIS. 
 
 SENATE — JANUARY^ 31, 1865. 
 
 Teas— Messrs. John 11. Addams, Edward U. Allen, Wash- 
 ington Bushuell, Francis A. Eastman, Isaac Funk, David 
 K. Green, Cornelius Lansing, John T. Lindsay, Alonzo W. 
 Mack, Albert 0. Mason, Andrew AV. Metcalf, Murray Mc- 
 Connell, .Toseph Peters, Daniel Richards, Bryant T. Scho- 
 ficld. James Strain, Jasper D. Ward, Alfred Webster, Linus 
 E. Worcester— 19. 
 
 Nats — Messrs. John B.Cohrs, William H. Green, Andrew 
 .J. Hunter, Daniel Reily, Horatio M. Vandeveer, John W. 
 Wescott— 6. 
 
 HOUSE — FEBRUARY 1, 1865. 
 Teas — Messrs. Julius A. Barnsback, Lewis J. Bond,William 
 
 Brown, Obed W. Bryant, Horatio C. Burchard, ChiMs, 
 
 Ansel B. Cook, Harry D. Cook, Franklin CorAvin, Daniel W. 
 Dame, Andrew H. Dolton, Iliram Dresser, Richard C. Dunn, 
 Milton M. Ford, George D. Henderson, Joseph M. Holvoke, 
 
 William T. Hopkins, Huntley, EdAvard S. Isliam, 
 
 William Jackson, Oliver C. Johnson, Maiden .Jones, Bleritt 
 L. Joslyu, Chauucey A. Lake, Joseph W. Lloyd, Sylvester 
 
APPENDIX. 
 
 599 
 
 S. Mann. Alexnnder McCoy, ArchibaW J. Mclntyrc, John 
 Miller, Is:iac Miller, Nathaniel Niles. Harrison Noble, Eugene 
 B. Payne, Daniel J. Pinckney, John D, Piatt, Isa-ic C. Pugh, 
 Ira V. Kandall. Jonathan Simpson, Leander Smith, Solo- 
 mon L. Spink, William C. Stacy, Alexander F. Stevenson, 
 Jason W. Strevell, George Strong, John Thomas, John 
 L. Tinclur. John Warner, Charles H. Wood — 48. 
 
 Nays — Messrs. Elisha E. Barrett, Valentine S. Benson. 
 Charles Burnett, Hiram B. Decins, Sargeant Gobble, John 
 Mill, Lawrence W. James, William H. Logan, John Mc- 
 Donald, William Middlesworth, Ambrose M. Miller, Lewis 
 W. Miller, D. 11. MorgJin, Milton M. Morrill, Timothy M. 
 Morse, Willi im K. Murjihy, William H. Neece, Nathaniel 
 M. Perry, xhomas Redmond Samuel K. Saltonstall, John 
 Sharon, Jonathan Shelby, John T. Springer, Samuel E. 
 Stevenson, John Ward, Uenry W. Webb, Scott Wike, Wil- 
 liam T. Yeargain— 28. 
 
 MICHIGAN. 
 
 SENATE FEBRUARY 2, 1865. 
 
 Ye.\s— Messrs. Levi Aldrich, S. F. Brown, Warren Ch.ip- 
 mau, J. Webster Childs, V. P. Collier, J. G. Crawford, R. J. 
 Crego, C. M. Ci-osswell, Alexander P. Davis, Westbrook 
 Divine, Wilson C. Easell, John H. Forster, Frederick fowler, 
 Andrew Ilowell, Giles Hubbard, William Jav, David H. 
 Jerome, Cyrus G. Luce, E. W. Merrill, John M. Nevin.*, Wil- 
 liam R. Ninis, Henry iNI. Perrin, Jonathan G. Wait, James 
 
 B. Walker. M. C. Watkius— 25. 
 
 Nays — Joseph Godfrey, Loren L. Treat — 2. 
 HOUSE FEBRUARY 2, 1865. 
 
 Yeas — Messrs. Robert P. Aitken, Abram Allen, George W. 
 Allen, James Bayb'y, William Bill, Moses Bartow, J. P. 
 Beach, John K. Boies, W. U. Brockway, Horace H. Cady, 
 Levi Camburn, Israel E. Carleton, James B. Cobb, A. B. 
 Copley, A. B. I unlap, A. L. Green, A. D. Griswold, Harvey 
 Haynes, Ezra Uazen, M. D. Howard, 0. !•'. Howard, John S. 
 J euness, Edward Jewell, George C. Jones, .John 11. Jones, 
 Lucius Keeler, il. C. Kenny, John Landon, Leander Lap- 
 bam, Deuisou J. Lewis, Henry M. Look. George Luther 
 C F. Mallary, A. C. Maxwell, George R. McKay, Charles E. 
 Mickley. Darius Monroe, E.G. Morton, 0. W. Munger, U. B. 
 
 C. Newevml), Robert Nixon, William H. Osborn, Albert 
 Pack, William Packard, N. G. Phillips Lucien Reed, Gil- 
 bert E. Jie. d, {.Speaker,) S. W. Rowe, J. G. Runyan, R. San- 
 derson, Peter Soliars, Henry Seymour, Charles Shier, Albert 
 B. Slucum, Luther Smith, William T Smith, Edwin Stewart, 
 John M. Swift, W. H. Taylor, George W. Thayer, Z. D. 
 Thomjis, Myron Tapper, William S. Utlcv, James A'an 
 Meet, Dean P. Warner, John B. Welsh, William E. White, 
 Williams. Wilcox, Baron B. Willits. B. M. Williams, Rich- 
 ard Winsor. J. J. Woodman, N. R. Woodruff, J. D. Woud- 
 Worth, S-. W. Yawkey — 75. 
 
 Nays— Messrs. William S. Bond, David G. Colwell, Titus 
 Dort, Vi tor Dusseau, Joshua Forbes, Paul Gies, Elias 
 Ilaire, Richaid Hawley, Benjamin S. Horton, Benjamin 
 May, J. Q. McKernan, Cyrus Miles, James OGrady, Charles 
 M. Pitts, J. A. T. WendtU— 15. 
 
 IOWA. 
 
 Legislature will meet oa the second Monday 
 of Jtiauary, 1806. 
 
 WISCONSIN". 
 
 SENATE FEBRUARY 21, 1805. 
 
 Teas — Messrs. George S. Barnum, John A. Eently, Wil- 
 liam Blair, Jonathan Bowman, J. T. Chase, W. H. Chan- 
 dler, J. A. Chandler, Samuel Cole, G. De Witt Elwood, Joseph 
 Harris, Thomas Hood, William Ketchum, William A. Law- 
 rence. W. L. Lincoln, N. M. Littlejohii, Carl C. Pope,George 
 Kied.Jl. H. Sessions, William K. Smith, Antliony Van 
 Wvck, Henrv G. W.bb, Walter S. \Ves.utt, lieorge F. 
 Wheeler, Smith S. Wilkinson, \V. K. Wilson, A. II. Young, 
 M. K. Young— 27. 
 
 Nays— Messrs. S W. Budlong, Satterlee, Fred. S. Ellis, 
 L. Morgan, Hugh P. Reynolds, F 0. Thorpe— 6. 
 IIOU.se — FEBRUARY 24, 1805. 
 
 Yeas — Messrs. W. J. Abrams, Oscar Babcock, Levi AV. 
 Bard^ii, .lames Berry, A. A. Buyce, W. T. Bonniwell. jr., 
 William Brandon, LonMitiis J. Braytuii, J. II. BrinkerholT, 
 John Bui-ess. .1. N.Caul.y, Solomon C. Carr, John B. Cas- 
 soday, F U. Church, Nathan Cobb, William M. CoUoday, 
 DeWitt liavis, Thomas Davis, Richud Dewhurst, Reuben 
 Doud, Da\ia DnnwicUiie, H L. Eaioii, N. II. Kmmons, R, 
 K. Fay, \V. W. lifM,{ Speaker.) William P. Fur-yth, Hen- 
 ry Fowler,.!. S. Frary, M. A Fulton, Myron Gilbert, Robert 
 Glenn, B. F. Groesbeck, Jackson liadley, J. F. Hand, T. N. 
 Horton, Daniel Johnson, Stoddard Judd, E. P. King, Wil- 
 liam A. Kuapp, Francis Little, M. F. Lowth, W. W. Mc- 
 
 Laughlin, M. J. McRaith, E. S. Miner. J. B. Montieth, Dan- 
 iel Mowe, Jacob Oherman, William H. Officer, S. W. Os- 
 born, William Owen, William Palmer, Alanson Pike, D. A. 
 Reed, Sam. Ryan, Jr., Charles Rogers, James Ross, E. C. 
 Salisburv, James Sawver, William Simmons, Z. G. Simmons, 
 Edwin Slade, Gardner Spoor, A. W Starks, Albert C. 
 Stuntz, J. M.Tarr, Allen Taylor, II. C. Tilton. 0. B.Thom- 
 as. Jared Thompson, jr.. Ilenrv Utt. D. C. Van Ostrand, 
 John Vaughan, F. A. Weau'o, Cephas Sliipple, George C. 
 Williams, H. S. Winsor. H S Wooster-^. 
 
 Nays — Messrs. Thom:is Boyd, Charles B. Daggett, M. L. 
 Delaney, David Ford, Ernst Franckenberg, Ferdinand 
 Gnewuch, E B. Ooodsell, Oscar F. Jones, Daviil Knab, Jon- 
 athan Large, Hector McLean. Henry Miilliollaiid, Michaol 
 Murphy, S^ A. Pease. Peter Peters, J^mathan I'i.ior, Lyman 
 Walker, Joseph Wcdig, John W. Weiler, Richard White, 
 Thomas Weaver — 21. 
 
 MISSOURI. 
 
 senate -1805. 
 
 Yeas — George W. Anderson, Joseph E. Baldwin, .ToUn 
 II Cox. Henry J. Deal, Alexander F. Denny, Cyrus H. 
 Frost. Gist Goebel, J. J. Grovelly, William X. Harrison, 
 William P. Harrison, Charles H. Uowland, Frederick Kayser, 
 J W. D. L. F. Mack, A. C. Marvin, Madison Miller, Fi edo- 
 rick Mueuch, Jewctt Norris, J. V. Pratt, M. H. Richey, C. C. 
 Simmons, George R, Smith, Henry S. Stevens, P. A. Thomp- 
 son, Elias V. Wilson, J N. Young— 25. 
 
 Nays— J ames^. Gordon, W. W. Mosby— 2. 
 
 HOUSE — 1865. 
 
 Ayes— Thomas W. Alhed, T. G. Babcoke, Robert Bailey, 
 William N. Beal, J. W. Black, W. F. Bodeubamer, 0. S. 
 Brown, T. P. Bruton, Richard Bucham, B. F. Bumpass, D. D. 
 Burns, Enos Claske, Josiah Coleman, lchabodComstock,W. 
 H. Coalter, Thomas Crowe, W. H. II. CuudilT, E. W. Decker, 
 Lawrence Dry, Sam. Downey, John Duggie, Thomas A. 
 Eagle, Henry Elliott, J. II. Faulconer, William F'enn, G. 
 A. Finkeuburg, J. F. Foster, E. W. Fox, Joseph Gill, James 
 S. Goodson, Clark II. Greeno, Albert Griffin, John Grimes, 
 S. C. Hammer, A. J. Harlan, J. B. Ilasper, A. G. Holiister, 
 C. II. Howe, George L. Hewitt. Gideon Howell, George W. 
 Houts, E. U. E. Jameson, N. C. Johnson, William Jones, 
 Robert A Keller, Francis Kellernian, D. M. King, P. C. 
 Lane, J, W.Lee, J. R. Legg, A. J. Lloyd. Robert Logan, 
 John B. Logan, Alfred Mathews, J. C. McBride, N. Mc- 
 Donald, J. din Mcuoldrick, W. U. McLane, J. W. McMillan, 
 Jas. McMurty, James Means, D. J. Meloy, R. II. Melton, 
 Joseph L. .\;inor. Alfred Montgomery, John D. Myers, Lewis 
 .Myers, J. W. Moreland, C. A. Newcomb, M. J. Payne, Daniel 
 Proctor, John F. Powers, Wm. Ray, Thomas A. Reed, George 
 W. Riuker, Stephen J. Reynolds, P. C. Roberts, Erastus 
 Sackett, Thomas Simms, A. E. Simpson, G. W. Smiley, 
 Reuben Smith, Irwin Z. Smith, James Southard, E. W. 
 Southworth, D. D. Stockton, Joseph Thompson, William 
 Weaver, C. B. Walker, Jeremiah White, B. F. Wilson, B. H. 
 Wilson— 92. 
 
 Nays- Boyle Gordon, Thomas C. Gordon, William Spratt 
 
 MINNESOTA. 
 
 SENATE — FEBRUARY 15, 1805. 
 
 Ye.\.s— D. Cameron, J. V. Daniels, G. D. George, B. A. 
 Lowell, D. Morrison, L. Miller, J. McKusick, J. Nicols, L. 
 Nutting, J. S. Pillsbury, E. Rice, D. G. Shillock, B. D. 
 Sprague. Melville C. Smith, H. A. Swift, J. A. Thacher— IC. 
 
 Nays— Luther H. Baxter, D.F. Langley, D. S. Norton, J. 
 J. Porter, J. P. Wilson— 5. 
 
 HOUSE — FEBRUARY 8 1865. 
 
 Yeas— Cyrus Aldrich, A. H. Bullis, Wm. Chalfant, Wm. 
 Colvill, jr.. F. R. E. Oorucll, Royal Crane, J. B. i rooker, C. 
 F. Davis, J. B. Downer, J. L. Gibbs, Charles D. GilfiUan, 
 John M.Gilman.F. N.Goodrich, Charles Griswold, L. C. 
 Harrington, Ste|)hen Hewson, Henry Hill, L. A. Huntoon, 
 J. B. Locke, W. H. Patten, Henry Poehler, F. A. Renz, L. 
 Z. Ro-ers, F. E. Shandrew, Ansel Smith, L. J. Stark, F. M. 
 Stowell, Charles T lylor, William Teachout, C. D Tulhill, E. 
 F. West, lieuben Wliitteiuore, Armstrong, (Spe.2ker)—3S. 
 
 Nay.s— Louis A Evans, K. N. Guiteau W. T. Kigby, 
 Oscar Taylor, Henry W. Tew— 5. 
 
 KANSAS. 
 
 SENATE FEBRUARY 7, 1805. 
 
 Yeas— Messrs. President James McGrew, H. K. W. Bart- 
 lett, Oliver Barber, G. A. Colton, A. Danford, F. H. Dreii- 
 ning, C. V. Eskridge, ll<-nry Foote, W. P. Gambell, 0. J. 
 Grover, D. W. Houston, D, H. Home, J. H. Jones, J. F. 
 Legate, J. T. Laue, E. C. Maauing, T. E. Milhoau, Thum;is 
 
600 
 
 APPENDIX. 
 
 Mnrphy, F. W. Potter, M. Quigg, S. Speor, A. H. Smith, 
 Charles P. Twiss, William Weer— 25. 
 Nays — None. 
 
 HOUSE FEBRUARY 7, 1865, 
 
 Yeas — Jlessrs. Spe.iker Jacob Stotler, R. H. Abraham, 
 Samuel F. Attwood, Milton K. Benton, J. F. Bioadhead, O. 
 U. lirowiie, A. A. Callen, D. Q. Campbell, D. L. Campbell. 
 H. Cavender, J. A. Christy, R. Church, L. D. Cleavinfcer. 
 Chiirles C. Coffinl^rv, Hugh A.Cook, Werner Crai?,Rufu8 
 Barby, D. Detiiok, C. L. DiUe, William Draper. M.''R. But- 
 ton, G. 11. Faircliild, Daniel C. Finn, Robert Cole Foster, 
 James Flotclier, Charles S.Glick.G. W.Glick, William Goss, 
 Nelson Griswold. Thomas 0. Gwartncy, James Ilanway, 
 James M. Harvey, A B. Hendrick, J. Hodgson, W. L. Ilouts, 
 N. B. Ilufjhes, Michael Jordan, William Karr, J. R. Ken- 
 nedy, Lawrence Kennedy, C. Kohler, Cyrus Leland, jr., M. 
 K. Leonard, A.J. Looniis, E. Lowe, S. I). Macdonald, William 
 Martindale, J. McClellan. James R. Mead, Joel Moody, 
 William Morrow, T. M. O'Brien, K. R. Page, D. L. Payne, 
 William B. Perry, N. P. Rawlings, Robert Riddle, U. Rice, 
 il. D. Rogers, Ed. Russell, I. D. Sammons, J. P. Salisbury, 
 E. S. Scudder, U. D. Shepherd, Henry Smith, S. J. H. Sny- 
 der, E. Stafford, J. Spencer, Watson Spencer, George Storch, 
 C. H. Stratton, N. Z. Strong, D H. Sutherland, F. B. Swift, 
 Job Throckmorton, John D. Wells, A. G West— 77. 
 Nays — None. 
 
 WEST VIKGINIA. 
 
 SENATH FEBRUAUY 3, 1.865, 
 
 Yeas — Messrs. John U. Atkinson, A.aron Bcchtol, John 
 
 B. Bowen, .John J. Brown, James Burley, William F. Cham- 
 bers, James M. Corley, William S. Dunbar, D. 0. T. Dunbar, 
 Aaron Hawkins, Daniel Havmond, B. M. Kitclien, E. S. 
 Mihon, Edwin Maxwell, Daniel Peck, J. M. Phelps, Wil- 
 liam Price, Greenbury Slack, President W. E. Stevenson— 
 19. 
 
 Nats — None. 
 
 HOUSE FEBRUARY .3, 1865. 
 
 Yeas — Messrs. Thomas P. Adams, William Alexander, 
 John S. Barns, John Boggs, Greetiborry D. Bonar, Jesse H. 
 Cather, George K. Cox, Horatio N. Crooks, 0. D. Downey, 
 Lewis Dyche, James H. Ferguson, Solomon S. Fleming, Ja- 
 cob T. Galloway, Baptisto Gilmore, Nathan Goff, Theodore 
 N. Gornell, Adam Gregory. Benjamin Hagar, Joscsph W. 
 Hall, James H. Hinchman, John Kellar, William H. King, 
 Daniel Lamb, Thomas Little, John B. Lough, William Mairs, 
 John Michael, Joshua S. Morris, James (J. McGrew, Henry 
 
 C. McWhorter, Abel B. Parks, Spicer Patrick, Aaron 1). 
 Peterson, Jesse F. Phares, David S. Pinnell, Eli Riddle, 
 Charles F. Scott, Abel Segnr, Buckner J. Smith, William 
 Smith, Benjamin L. Stephenson, Thomas H. Trainer, Rath- 
 bone Van Winkle, Meredith Wells, William Willen, Lee 
 Roy Kramer, (.S]pca/i:er) — 44. 
 
 Navs — None. 
 
 NEVADA. 
 
 SENATE — FEBRUARY 16, 1865. 
 
 Teas— W. H.Clagott, Lewis Doron, D. L. Hastings, J. W. 
 Haines, Frederick Hutchins, William W. Hobart, John Ives, 
 Alired James, S. A. Kellogg, Charles Lambert, M. D. Lar- 
 rowe, A.J. Lockwood, Jonas Seelcy,.!. S. Slingerland, Chas. 
 A. Sumner, M S. Thompson, N. W. Winton— 16. 
 
 Nay— F. M. Proctor— 1. 
 
 HOUSE — FEBRUARY 16, 1865. 
 
 Yeas— A. C. Bearsa, H. H. Beck, D. H. Brown. James 
 
 Bolan, IL M. Bien, W. AV. Bishop, Erastus Bond, J.E. W. 
 
 Carv, W. M. Cutter, S. C. Denson, J. A. Dun, Henry Epstein, 
 
 A. L. Greely,D. H. Haskell, Cyril Hawkins, J. L.Hinckley, 
 W. G. Lee, J. A. Myrick, John S. Mayhugh, L. C. McKeeby, 
 
 B. H. Nichols, H. G. Parker, Edwin Patten, M. A. Rosen- 
 bl.att, J.ame8 A. Rigbey, James Small, R. M. Shackleford, E. 
 P. Sine, Jacob Smith, W. V. Toombs, D. P. Walter, Daniel 
 Wellington. R. A.. Young, C. W.Tozer, (Speaker)— 3^. 
 
 Nay— James A. St. Clair— 1. 
 
 TENNESSEE. 
 1865. March 4 — The amendment was ratified 
 in the Senate, and tha House of Representa- 
 tives, without dissent. 
 
 Foreign Policy of the United States. 
 
 18G4, December 15— Mr. II, Winter Da- 
 vis, from the Committee on Foreign Affairs, 
 reported this resolution, (being the same as 
 closed his report on page 354:) 
 
 Kcsotced, That Congress has a constitutional right to an 
 
 authoritative voice in declaring and prescribing the forriaa 
 policy of the United States as well in the recognition of 
 new powers as in other matters; and it is tho constitutional 
 duty of the President to respect that policy, not less in dip- 
 lomatic negotiations than in tho use of the national force 
 when authorized by law ; and the propriety of any declara- 
 tion of foreign policy by Congress is sufficiently proved by 
 the vote which pronounces it; and such proposition, while 
 pending and undetermined, is not a fit topic of diplomatic 
 explanation with any foreign power. 
 
 Which was laid on the table — yeas TO, nays 
 63, as follows : 
 
 Yeas — Messrs. Alloy, Ames, Anderson, Arnold, Baity, 
 John D. Baldwin, Baxter, Beaman, Blaine, Blair, Boutwell, 
 Boyd, Broomall, Ambrose W. Clark, Cobb, Colo, Thomas T. 
 Davis, Dawes, Demin.i^, Dixon, Donnelly, Driggs, Eckley, 
 Eliot, Farnsworth,Gooch,Grinnell, Hale, Higb>, Hotchkiss, 
 John H. Hubbard, Hulburd, Ingersoll, Kelley, Francis W, 
 Kellogg, Orlando Kellogg, Littlcjohn, Longyear, Marvin.Mc- 
 Bride, jMcIndoe, Samuel F. Miller, Moorhoad, Morrill, Dan- 
 iel Morris, Amos Myers, Leonard Myers, Norton, Charles 
 O'Neill, Patterson, I'erham, Pike, Pomeroy, Price, Alexan- 
 der H. Rice, Edward H. Rollins, Scoficld, Shannon, Smith, 
 Spalding, Thomas, Tracy, Upson, Ellihu B. Washburne, 
 William B. Washburn, Whaley, TF/jeefer, Wilson, Windom, 
 Woodbridge — 70. 
 
 HMS—MvBftTa. James C. Allen, William J. Allen, Allison, 
 Ancrma, Ashley, Augustus V. Baldwin, Bliss, Blow, Brooks, 
 J. S. Brown, O/iankr, Cox, Cravens, llenry Winter Davis, 
 Dawson, Denison, Edm, Edgerton, Eldndge, Finck, Ganson, 
 Garfield, Griswold, Harding, Ilrrridc, Holman, Asahel W. 
 Hubbard, Jenckes, P. Johnson, Kalhjleisch, Keman, King, 
 Knox, Law, Le. Blond, Lo.m, MaUory, Marcy, McAllister, 
 William H. Miller, James J{. Morris, Morrison, NoUe, Odell, 
 John OKHll, Orth, Pendleton, J'erry. Badford, Samuel J. 
 Randall, Schenck, Sloan, Smithers, Starr, John B. Steele, 
 William, G. Steele, Stevens, Stiles, Stuart, Sweat, Townsend, 
 Wadsworth, Yeanian — 63. 
 
 December 19 — A resolution, in same lan- 
 guage, was offered by Mr. H. Winter Davis, 
 which the House — yeas 50, nays 73 — refused to 
 table. The question being divided, the first 
 branch ending with the word " law," was 
 agreed to — yeas 119, nays 8, (Messrs. Blair, 
 Boutwell, Cole, F. W. Kellogg, Littlejohn, 
 Pomeroy, Smith, and Van Valkenburgh.) The 
 second branch of the resolution, being the re- 
 mainder of it, was agreed to — yeas 68, nays 59, 
 as follows . 
 
 Yi!AS— Messrs. William J. Allen, Allison, Ames, Anconn, 
 Anderson, Augustus C. Baldwin, Baxter, .Bh'ss, Blow, Boyd, 
 Chanter, Coffroth, Cox, Cravens, Henry Winter Davis, Daw- 
 srm, Denismi, Eden, Eldridge, Finck, Ganson, Garfield, Gri- 
 der, Griswold, Harrington, Charles M. Harris, Herrick, 
 Iligby, Holman, Asahel W. Hubbard, Jenckes, Kernan, 
 Knapp, Knox, Law, Lazear, Le Blond, Mallory, Marcy, 
 McDowell. McKinney, Moorhead, Morrill. James K. Morris, 
 JVelson, NolAe, John O'Neill, Orth, Pendleton, Perry, Price, 
 Piui/n, Samuel J. Randall, Ross, Schenck, Scott, Sloan, 
 Smithers, John B. Steele, Stevens, Strouse, Stuart, Sweat, 
 Townsend, Vorhees. Wadsworth, Joseph W. White, Williams 
 —68. 
 
 Nays— Messrs. Alley, Baily, .John D. Baldwin, Beaman, 
 Blair, Boutwell, Brandegee, Bror.miill, Ambrose W. Clark, 
 Cobb, Cole,Creswell,ThomiisT. Davis, D;iW('S, Dixon, Driggs, 
 Eckley, Eliot, Frank, Grlnnell, Hale, Hotchki.^s, John H. 
 Hubbard, Hulburd, Kasson, Kelley, Francis W. Kellogg, 
 Orlando Kellogg, Littlejohn, Marvin, McBride, McClurg, 
 McXndoc. Amos Myers, Leonard Myers, Norton, Charles 
 O'Neill, Patterson, Perham, Pike, Pomeroy, Alexander U. 
 Rice, John H. Rice, E. 11. Rollins, Scofield, Shannon. Smith, 
 Spalding, Tliaver, Thomas, Tracy, Upson, Van Valken- 
 burgh, Ellihu B. Washburne, William B. Washburn, Wha- 
 ley, Wilson, Windom, I'eaman — 59. 
 
 Financial. 
 
 The following bills were passed: 
 
 1865, January 28 — Authorized, in lieit of any 
 bonds under act of June 30, 1864, Treasury 
 notes of the description and character author- 
 ized in second section thereof, limiting the 
 bonds and notes to $400,000 000, exempting the 
 notes from taxation by or under State or muni- 
 
APPENDIX. 
 
 601 
 
 cipal authority, and providing that " such Trea- 
 sury notes may be disposed of for lavvlul money, 
 or tor any other Treasury notes or certiiicates 
 of indebtedness, orcertificatps of deposit i,-sued 
 under any previous act of Congress," and that 
 the act shall not be construed to give autliority 
 for tlie issue of any legal-tender notes, in any 
 form, beyond the balance unissued of the 
 amount authorized by the second section of the 
 act of June 30, 1864. 
 
 1865, March 3— Authorized $600,000,000 in 
 bonds and Treasury notes — the bonds to be not 
 less than §50 and payable at any period n-^t 
 more than forty years or redeemable after any 
 period not less than five nor more than forty; 
 the Treasury notes to be convertible into the 
 bonds, be of such denominations (not less than 
 $50,} bearing such dates, and be made redeema- 
 
 ble or payable at the discretion of the Secretary 
 of the Treasury. Interest on bonds lo be paya- 
 ble semi-annually; on Treasury notes semi- 
 annually, annually, or at maturity ; and the 
 principal, or intere=t, or both, mny be made 
 payable in coin or other Uiwful money ; the 
 interest, if payable in coin, not to exceed 6 per 
 cent ; if not so payabl-^ in coin, not to exceed 
 7.3 Bonds authorized under act of June 30, 
 1864, mny be of the description herein author- 
 ized ; and any Treasury notes or interest-bear- 
 ing obligations may be converted into any de- 
 scription of b :)nds herein authorized, and they 
 shall not be considered a part of the $600,000,- 
 000 herein provided for. 
 
 No new principle was involved, and it is not 
 considered necessary to trace a struggle upoa 
 matters of detail. 
 
 Statement of the Public Debt of the United States, March 31, 1865. 
 
 DEBT BEARING INTEREST IN COIN. 
 
 AUTUORIZING ACTS. 
 
 January 28. 1847 
 
 March 31, tS48 
 
 June 14, 1S58 
 
 .Iune22, 1860 | 
 
 FelTiiary 8, ISol i 
 
 July 17, and AiigustS.lSGl. 
 July 17, and Augusts, 1861. 
 
 i'eliruary 25. 1Sd2 
 
 June 30, 1864 
 
 March 3, 1864 
 
 St'pti-mbcr 9, 1850 
 
 M..rcli 2, 1861 
 
 Jiilv 17, 1S61 
 
 MaTch 3, 1S63 
 
 6 percent. 
 6 percent. 
 5 percent. 
 
 5 percent. 
 
 6 per cent. 
 6 percent. 
 6 per cent., 
 6 per cent. 
 6 per cent. 
 5 percent., 
 
 5 percent., 
 
 6 per cent, 
 
 7 3-10 pre, 
 6 per cent.. 
 
 CHARACTER OF IS.?UE. 
 
 Bonds 
 
 Bunds 
 
 Bonds 
 
 Bunds 
 
 Bond! 
 
 Bonds 
 
 Bonds exch,inged for 7 3l!l0.. 
 
 Bmidti, 5-20'8 
 
 Bonds, 5-20'3 
 
 Bonds, 10-40'8 
 
 Bonds, Texas Indemnity... 
 
 Bonds. Oregon War 
 
 Notes, Three Years 
 
 Bouda 
 
 Aggregate of debt bearing Coin Interest., 
 
 $9,415,250 00 
 
 8.908.341 f-0 
 
 20.000,000 00 
 
 7;022,000 00 
 
 18,415,000 00 
 
 50,000,000 00 
 
 139,146.400 00 
 
 510,756.900 00 
 
 85.789,000 00 
 
 172.770.100 00 
 
 1.507,000 00 
 
 1,010.000 00 
 
 615.-J50 00 
 
 75.000,000 00 
 
 $1,100,361,241 SO $64,016,0.31 75 
 
 $564,915 00 
 
 534..500 50 
 
 1,000.000 00 
 
 351.100 00 
 
 1,104.900 tK) 
 
 3.000.000 00 
 
 8..34S.734 00 
 
 30.645,414 00 
 
 5,147,340 00 
 
 8,638.505 00 
 
 75,350 00 
 
 60.960 00 
 
 44,913 25 
 
 4.500.000 00 
 
 DEBT BEARING INTEREST IN LAWFUL MONET. 
 
 July 11,1862 
 
 •Tuly 11, 1862 
 
 Julv 11. 1862 
 
 March 1.1862 , 
 
 March 3, 1863 
 
 Less withdr.awn and de- 
 stroyed or ready to be de- 
 stroyed 
 
 March 3, 1863.. 
 June 30, 1864... 
 
 June 30, 1864 
 
 March 3,1&66 , 
 
 4 per cent. 
 
 5 per cent. 
 
 6 per cent. 
 6 per cent. 
 5 per cent. 
 
 6 percent. 
 6 per cent. 
 
 Temporary Loan 
 
 Temporary Loan 
 
 Temporary Loan 
 
 Certificates of Indebiedness 
 
 One and Two Years Notes... $211,000,000 00 
 
 141.477,6.50 00 
 
 i Years Compound Interest 
 
 Notes 15,000,000 00 
 
 ; Years Compound Interest 
 
 Notes 141.477.650 00 
 
 3-10prc 3 Years Treasury Notes 230.0)0.000 00 
 
 S-lOprc. 3 Years Treasury Notes 70,bl2,800 00 
 
 Aggregate of debt bearing Lawful Money Interest. 
 
 156.477, 
 300,812, 
 
 ,650 00 
 ,800 00 
 
 21,9.59,334 40 
 
 $751,055,128 29 I $3S,.S19,899 43 
 
 DEBT ON WHICH INTEREST HAS CEASED. 
 
 CHARACTER OP ISSUE. 
 
 Bonds 
 
 Tieasury Notes 
 
 Treasury Notes 
 
 Trea.sury Notes 
 
 Trciwvury Ni^tes 
 
 Temporary Loan Coin 
 
 Aggregate of debt on which Interest haa ceased 
 
 $20.3.808 45 
 
 104,511 64 
 
 8,800 00 
 
 6<10 00 
 
 30.500 00 
 
 1,200 00 
 
 $349,420 
 
APPENDIX. 
 
 Statement of the Public Debt — Continued. 
 
 I>EBT BEARING NO INTEREST. 
 
 
 CHARACTER OF ISSUE. 
 
 
 AMOUNT 
 OUTSTANDING. 
 
 
 
 $60.030 000 00 
 
 
 
 
 59.537,89ti 00 
 
 
 
 • 
 
 492,104 00 
 
 
 
 
 399,507,896 00 
 
 
 
 
 
 $400,000,000 00 
 
 
 49.300,'202 00 
 
 
 
 16139 633 00 
 
 
 
 
 
 33,160,569 00 
 
 . 
 
 10 952 72)- 76 
 
 
 
 12,301,369 31 
 
 
 
 
 
 24.254,094 07 
 
 
 114,256,548 93 
 
 
 4.^7 ,414,663 07 
 
 
 
 56,481,924 84 
 
 
 
 
 
 57,774,624 09 
 
 
 
 Aggregate of debt not bearing 
 
 $515,189,287 10 
 
 
 
 
 RECAPITULATION. 
 
 DEBT. 
 
 AMOUNT 
 OUTSTANDING. 
 
 INTEREST. 
 
 LEGAL TENDER NOTES IN CIRCULATION. 
 
 AMOUNT. 
 
 $69,522,350 
 
 492,104 
 
 432.668,465 
 
 " 
 
 
 $64,016,631 75 
 38,819,899 43 
 
 
 
 
 
 751,055,128 29 
 
 349.4 09 
 515,18'J,287 16 
 
 United States Notes, new issue 
 
 On which interest has 
 
 Compound Interest Notes, act of March -3, 1 863. 
 Compound Interest Notes, act of June 30,1864. 
 
 15,000,000 
 141,477,650 
 
 
 
 Bearing no interest 
 
 $059,160,569 
 
 
 $2,366,955,077 34 
 
 $102,836,531 18 
 
 
 Miscellaneous. 
 
 BEPEAL OF FISHINO BOUNTIES. 
 
 IN SENATE. 
 
 Penrlino' tbe Internal Revenue b'll, 
 18G5, March 2— This amendment, adopted in 
 Committee of the Whole — 
 
 That from and after the .abrogation of the reciprocity 
 treaty with Great Bi-itain all acts and parts of act.s grant- 
 ing allowances or bounties on tlio tonnage of vessels en- 
 gaged iu the bank or other cod fisheries be, and the same 
 aje hereby, repealed — 
 
 Was rejected — >eas 18, nays 20, as foUo-ws: 
 
 Yeas— Blessrs. Brown, Buckale.w, Chandler, Dams, Doo- 
 little, Harlan, Harris, Henderson, Uavlrichs. Lane of In- 
 diana, Kesmilh, I'ovjcll, Riddle, Sherman, Van Winkle, 
 Wilkinson, Willey, Wrigld—l?,. 
 
 Nays— Messrs. Anthonv, Clark, Conness, Dixon, Farwoll, 
 Foster, Ilowe, Jnhnsrm, Lane of Kansas, McDouf/all, Mor- 
 gan, Morrill, Nve, Uamsey, Sprague, Stewart, Sumner, Ten 
 Eyck, Wade, Wilson— 20. 
 
 Oath of Allegiance for Lawyers. 
 
 IN SENATE. 
 
 1864, December 2 1— Mr. Harlan offered this 
 resolution : 
 
 Resolved, That the Committee on the District of Columbia 
 be instructed to inquire into the expediency .and propriety 
 Qf requiring all residents of the District of Columbia to 
 take and file with the provost marshal of said District an 
 oath of allegiance or fidelity to the Oovernnient of the 
 United States similar to the oath required by law of Mem- 
 bers and Senators in Congress and other officers of the 
 Government; and also the expediency and propriety of| 
 prohibiting all persons from doing business in said District i 
 or with the several Departments of tlio Government who : 
 have not or may not take and file such oath ; and that 
 said committee have leave to report by bill or otherwise. ' 
 
 Which was agreed to — yeas 24, cajs 10, aa 
 follows: 
 
 Yeas— Messrs. Anthony, Clark. Collamer, Conness, Dixon, 
 Farwell, Foot, Foster, Grimes, Hale, Harlan, Howard, Lane 
 of Indiaiiii, Lane of Kansas, Morgan, Pomeioy Sherman, 
 Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wil- 
 kinson, Willey— 24. 
 
 Nays — Messrs. Brown, .Burkale.w, Cowan. Davis, Hen- 
 derson, Hendricks, Johnson, Powell, Jtichardsmi, Haulshwy 
 —10. 
 
 December 22 — A bill, described below, pnd 
 extending the principle indicated on page 376, 
 was passed — yeas 27, nays 4, as follows : 
 
 Yeas— Messrs. Anthony, Brown, Clark, Coll.amer, Con- 
 ness, Dixon, Doolittle, Favwell, Foot. Foster, Grimes, Har- 
 lan, Hanis, Henderson, Johnson, Lane of Indiana. Lane of 
 Kansas, Morgan, Pomeroy, Uameey, Sherman, Sprague. 
 Sumner, Ten Eyck, Van Winkle, Willey, Wilson— 27. 
 
 Nats — Messrs. Buckalew, Davis, Michardson, Saulsbury 
 —4. 
 
 1865, January 20 — The bill passed the House 
 — ajes 66, noes 26, ot a division. 
 
 It provides that no person, after the date of 
 this act, bhall be ndmilted to the bar of the 
 Supreme Court of the United States, or at ary 
 time after the 4th of March next be admitted 
 to the bar of any circuit court or district court 
 of the United States, or the Court uf Claims, 
 as an attorney or cou"selor, or be allowed to 
 appear by virtue of any previous admission, or 
 any special powers of attorney, unless he first 
 takes and subscribes the oath prescribed in 
 the "Act to prescribe an oath of office," ap- 
 proved July 2, 1862, which said oath so taken 
 and subscribed fhall be preserved among the 
 files of such court, and that any person who 
 bhall falsely take said oath shall be guilty of per- 
 
APPENDIX. 
 
 603 
 
 jury, and, on conviction, be liable to the pains 
 aad penalties of perjury, and the additional 
 pains and penalties prescribed in the saii act.* 
 
 Abolition of Slavery in West Virginia. 
 
 This record completes that made on pages 
 377,378: 
 
 Both Houses of the Legislature of West 
 Virginia have passed this bill, which has be- 
 come a law: 
 Be it enacted hy the Legislature of West Virginia : 
 
 1. A)l persons held to service or labor as slaves in this 
 Stevtf are Ik reby declared free. 
 
 2. Tlitre sluill hereafter be neither slavery nor involun- 
 tary servitude in this State except in punishment of crime, 
 whereof tlie jiarty shall have been duly cimvicted. 
 
 The Wheeling htMUgencer says: '"Tliis bill wipes out 
 the remnant of slavery in West Virginia at a blow. It 
 was not offered or passed as an amendment to the Cmsti- 
 tutiou. The Constitution simply prescribes a limit beyond 
 which certain persons of certain a^es shall not be held 
 slaves, and makes no enactment at all in regard to those 
 supposed to be left in slavery for life." 
 
 Letter of Horace Greeley to the Pres- 
 ident, Preceding the Niagara Falls 
 Negotiation. 
 
 As part of the history o" the negotiation 
 recorded on pages 301-303, this letter of .\Ir. 
 Greeley, until recently unpublishfd, is given. 
 It is understood that there .ire other letters 
 from several parties not yet divulged: 
 
 , New York, July 7, 1864. 
 
 Mt Dear Sir : I venture to inclose you a letter and tele- 
 graphic despatch that I received j esterday from our irre- 
 pressible friend Colorado .Tewett, at Niagara Falls. I think 
 they deserve attention. Of course I do not endorse Jew- 
 etfs positive averment that his friends at the Falls have 
 "full powers" from J. D., though I do not doubt that he 
 thinks they have. I lot that statement st<and as simply 
 evidencing the anxiety of the Confederates everywhere for 
 pe.ace. So much is beyimd doubt. 
 
 And, therefore, I venture to remind you that our bleed- 
 ing, bankrupt, almost dying country also I mgs for peace — 
 shudders at the prospect of fresh conscriptions, of further 
 wliolesale devastations, and of new rivers of human blood ; 
 an<l a wide-spread conviction that the government and its 
 prominent supporters are not anxious for i)eace, and do not 
 
 * These proceedings took place at the First Session of the 
 Thirty-Eighth Congress: 
 
 I.V SEN\TE. 
 
 1863, December 17 — Mr. Sumner offered this as a new 
 rule fi r the Senate: 
 
 The oath or affirmation prescribed by act of Congress of 
 July 2, 1862, to be taken and subscribed before entering 
 upon tho duties of office, shall be taken and subscribed by 
 every Senator, in open Senate, before entering upon his 
 duties. It shall also bo taken and subscribed in the same 
 way by the Secretary of tho Senate: but the otiier officers 
 of the Senate may take and subscribe it in the office of tho 
 Secretary. 
 
 Deceif. er 18 — Mr. Saulsbury moved this substitute: 
 
 That the Committee on the Judiciary be instructed to 
 inquire whether Senators and Representatives in Congress 
 are included within the provisions of the act entitled "An 
 Act to prescribe an oath of otliL-e, and for other purposes," 
 approved July 2, 1862, and whether the said act is in 
 accordance or in coullict with the Constitution of tho 
 United States. 
 
 A motion to refer to the Committee on the Judiciary was 
 lost— yeas 15, nays 26. 
 
 1S64, January 21— Mr. Saulsbdry's substitute was lost- 
 yeas 12, nays 26. The teas were: Messrs. Buckalew, Car- 
 Ue, Cowan, Davis, Harding, Henderson, Hendricks, John- 
 son. Powell, Saulsbury, Willey, Wnght. 
 
 January 25— Tho new rule was adopted— yeas 28, nays 
 11, as follows: 
 
 Yeas — Messrs. Anthony, Brown, Chandler, Clark, Col- 
 lamer, Conness, Dixon, Fessenden, Foster, tirimes. Hale, 
 ll.irlan, Henderson, Howard, Lane of Kansas, Morgan, 
 MorrKl, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, 
 Truiulaill, \an Winkle, Wade, Wilkinson, Willey, Wil- 
 son — 28. 
 
 Nays— Messrs. Buckalew, Carlile, Cowan, Davis, Doolit- 
 tle, Harris, Uowe, Johnson, Powell, Saulsbury, yVright— 11. 
 
 improve proffered opportunities to achieve it, ia doing 
 great harm now, and is inorally certain, unless removed, to 
 do far greater in tlio aiiiiniacliing elections. 
 
 It is not enou-li tl:at we anxiously desire a true and 
 lasting peace; we cuijlit V> demonstrate and establish the 
 truth lieyond cavil. 'I lie lact that A. H. Stephens was not 
 ]>erniitl('(l a year a:4o In \ i ,il and eunler with the authori- 
 ties at Wasliiii-idii l.a-i <h,u,' liann, which the tone at tho 
 late National Cuuveutiou at iiallimoro is not calculated to 
 counteract. 
 
 I entreat you, in your own time and manner, to submit 
 overtures for pacification to the Southern insurgents, which 
 the impartial must pronounce frank and generous. If 
 only with a view to the momentous election soon to occur 
 in North Carolina, and of the draft to bo enforced in the 
 free States, this should be done at once. I would give the 
 safe conduct required by the rebel envoys at Niagara upon 
 their parole to avoid observation and to refrain from all 
 communication with their sympathizers in the loyal States; 
 but you may see reasons for declining it. But whether 
 through them or otherwise, do not, I entreat you, fail to 
 make the Southern people comprehend that you, and all of 
 as, are anxious lor i)eace, and prepared to grant liberal 
 terms. I venture to suggest the following 
 
 PLAN OF ADJUSTMENT. 
 
 1. The Union is restored and declared perpetual. 
 
 2. Slavery is utterly and forever abolished throughout 
 the same. 
 
 3. A complete amnesty for all political offences, with a 
 restoration of all the inhabitants of each State to tho priv- 
 ileges of citizens of the United States. 
 
 4. The Union to p.ay four hundred million dollars in five 
 per cent. United States stock to the late slave States, loyal 
 and secession alike, to be api ortioned pro rata, according 
 to their slave population respectively, by the census of 
 1860, in compensation for the losses of their loyal citizens 
 by the abolition of slavery. Each State to be entitled to 
 its quota upon the ratification by its Legislature of this 
 adjustment. The bonds to be at the absolute disposal of 
 tho Legislature aforesaid. 
 
 5. Tho said slave States to be entitled henceforth to rep- 
 resentation in the House on the basis of their total instead 
 of their Federal population, the whole now being free. 
 
 6. A National Convention, to be assembled so soon .as 
 may be, to ratify this adjustment, and make such changes 
 in the Constitution as may be deemed advisable. 
 
 Mr. President, I fear you do not realize how intently the 
 people desire any peace consistent with the National integ- 
 rity and honor, and how joyously they would hail its 
 achievement and bless its authors. With United States 
 stocks worth but forty cents in gold per dollar, and draft- 
 ing about to commence on tho third million of Union sol- 
 diers, can this be wondered at? 
 
 I do not say that a just peace is how attainable, though 
 I believe it to be so. Cut I do say that a frank offer by 
 you to the insurgents of terms which the impartial say 
 ought to bo acceiJted, will, at the worst, jjrovc an immense 
 and sorely needed advantage to the national cause. It 
 may save us from a Northern insurrection. 
 
 Youis, truly, HORACE GREELEY. 
 
 Hon. A. LiNCOL.N', I'rrsiilent, Washiiigtoi), D. C. 
 
 P. S-— Even tli(.u-li it .sliuuld be deemed unadvisable to 
 make an offer of terms to the rebels, 1 insist tliat, in any 
 possible case, it is desirable that any offer they may be dis- 
 posed to make sliould be received, and either accepted or 
 rejected. I beg you to invite those now at Niagara to 
 exhibit their credentials and submit their ultimatiim. 
 
 u. a. 
 
 The Menonites on the War. 
 
 The religious society known as the '' Meno- 
 nites," at their annual Con'ercnc held at Ger- 
 mant )vvn. Pa.. March 6 and 7, 1865, passed a 
 serits of resolutions sustaining the government 
 in is effor;s to crush the rebellion. Among 
 them arj the following: 
 
 liesolred. That the success of our arms on sea and land 
 during the last year calls aloud for thanksgiving and praise 
 to Almighty God, who alone is tho giver of victory, and in 
 whose hands are the destinies of men and nations. 
 
 Jii'solved, That the present war is a struggle between 
 truth and error, right and wrong, freedoi* and bondage. 
 
 Resolved, That we have unfaltering confidence in the 
 Chief Executive of our nation; in the honest purposes of 
 his heart; in his fidelity to God and the best interests of 
 the whole people, and to tho sublime principles of freedom 
 and justice the v/ido world over. 
 
 Resolved, That we pledge hfm our undivided support and 
 most iU'dout prayers in liis efforts to maintain our national 
 
604 
 
 APPENDIX. 
 
 honor nntarnishpd, and crnsh ont the last vestige of this 
 sliiveholders' foul rebellion. 
 
 Resolrcd, That it is the duty of every Christian patriot to 
 pray for the President and all that are high in authority; 
 for our soldiers and seamen, and fur the success of our arms ; 
 and that he. who in the hour of his country's travail stands 
 not up inaafully to vindicate her cause, or witholds his sup- 
 port from the government ^vhose fostering care has guaran- 
 teed him all the rights and immunities of citizenship, is 
 recreant to God and false to the highest principles of truth 
 and justice, and unworthy the name of an American citi- 
 ren. 
 
 Additional Proclamations, Orders, 
 Letters, and Addresses of President 
 Lincoln.* 
 
 PROCLAMATIONS. 
 
 FOR THREE HUNDRED THOUSAND MEN.f 
 
 Whereas, by the act approved .Tuly 4, 1864, entitled " An 
 set further to regulate and provide for the enrolling and 
 calling out the national forces, and for other purposes." it 
 is provided that the President of the United States may " at 
 his discretion at any time hereafter call for any number of 
 men as volunteers for the respective terms of one, two and 
 three years for military service," and " that in case the quota 
 or any part thereof, of any town, township, ward of a city, 
 precinct or election district, or of a county not so sub- 
 divided, shall not be filled withiu the space of fifty days 
 after such call, then the President shall immediately order 
 a draft for one ye :r, to fill suih quota or any part thereof 
 which may be unfilled;" and whereas, by the credits alloweil 
 in accordance with the act of Congress on the call for five 
 hundred thousand men, made July 18th, 1864, the number 
 of men to be obtained under that call was reduced to 280,- 
 000; and whereas, the operations of the enemy in certain 
 States have rendered it impracticable to procure from them 
 their full quotas of troops, under sai<l call; and wliercjis, 
 from the foregoing causes but 250.000 men have been put 
 into the army, navy, and marine corps, under the said call of 
 July 18, 1864, leaving a deficiency on that call of 250,000 ; 
 now, therefore, I, Abraham Lincoln, President of the United 
 States of America, in order to supply the aforesaid defici- 
 ency, and to provide for casualties in the military and naval 
 service of the United States, do issue this, my call, for 
 Three Hundred Thousand Volunteers to serve for one, two 
 or three years. Tlie quotas of the States, districts and sub- 
 districts under thi-i call will be assigned by the War Depart- 
 ment through the Bureau of the Provost" Marshal General 
 of the United States, and "in case the quota or iiny part 
 thereof, of any town, township, ward of a city, precinct or 
 election district, or of a county, not so subdivided, shall not 
 be filled" befora the 15th day of February, 1865. thenadraft 
 shall be made to fill sucji quota, or any part thereof under 
 this call, which may be unfilled on said 15th day of Feb- 
 ruary, 1865. 
 
 lu testimony whereof I have hereunto set my hand and 
 caused the seal of the United States to be affixed. 
 
 Doneat thecity of Washington, this 10th day of December, 
 in the year of our Lord one thousand eight hun- 
 [l. S.] dred and sl.\ty-four, and of the Independence of the 
 United States of America the eighty-ninth. 
 
 ABRAUAM LINCOLN. 
 
 By the President : 
 
 Wm. II. Seward, Secretary of State. 
 
 *For other Papers, see pages 332-337, and 423-125. 
 
 t For other calls, see pages 114, 115, and 270. 1865, April 
 13 — Secretary Stanton sent this telegram to Major General 
 Dix: 
 
 War Department, 
 Washington, D. C, April 13, 6 P. M. 
 Major General Dix, iViu; York: 
 
 This department, after mature consideration and consul- 
 tation with the Lieutenant General upon the result of the 
 recent campaign, has come to the following determinations, 
 which will bo carried into effect by appropriate orders im- 
 mediately to be issued : 
 
 First. To stop all drafting and recruiting in the loyal 
 States. 
 
 Second. To curtail purchases for arms, ammunition, quar- 
 termaster and commis'iary supplies, and reduce the expen- 
 ses of the military establishment in its several branches. 
 
 Third. To reduce the number of general and staff offi- 
 cers to the actual necessities of the service 
 
 Fourth. To remove all military restriction upon trade 
 and commerce, so far as may be consistent with public 
 gaiety. 
 
 As soon as these measures can be put in operation, it will 
 be made known by public orders. 
 
 EDWIN M. STANTON, 
 Secretary of War. 
 
 PAKDOX TO PESERTERq. 
 
 Whereas, the twenty-first section of the act of Congrpw, 
 approved on tlio third instant, entitled "An act to iunend 
 the several acts heretofore passed to provide for the enrol- 
 ling and calling out the national forces, and for other pur- 
 poses," requires "that in addition to the other lawful pen- 
 alties of tbe crime of desertion from the military and naval 
 service, all persons who have deserted the military or naval 
 service of tlio United Stafes who shall not return to said 
 service, or report themselves to a provost marshal withiu 
 sixty days after the proclamation hereinafter mentioned, 
 shall be docui:d and taken to have voluntarily relinqaished 
 and forfeited theirrights of citizenship and their rights to 
 become citizens, and such deserters shall be forever inca- 
 pable of holding any office of trust or profit under the 
 United States, or of exercising any rights of citizcms there- 
 of; and all persons who shall hereafter desert the miliUry 
 or naval service, and all persons who, being duly enrolled, 
 shall depart the jurisdiction iif the district in which he is 
 enrolled, or go beyond the limits of the United States with 
 intent to .avoid any draft into the military or naval service, 
 duly ordered, shall be liable to the penalties of this section. 
 And the President is hereby authorized and required forth- 
 with, on the passage of this act, to issue his proclamation 
 setting forth the provisions of this section, in which pro- 
 clamation the President is requested to notify all deserters 
 returning within sixty days, as aforesaid, that they shall be 
 pardoned on condition of returning to their regiments and 
 corapanios, or to such other organizations as th.-jy may ho 
 assigned to, until they shall have served for a period of time 
 equal to their original term of enlistment." 
 
 Now, therefore, be it known that I, Abraham Lincoln, 
 President of the United States, do issue this my proclama- 
 tion, as required by said .act, ordering and requiring all 
 deserters to return to their proper posts ; and 1 do hereby 
 notify them that.ill deserters who shall, within sixty days 
 from the date of this proclamation, viz : on or before the 
 10th divy of May, 1865, return to service, or report them- 
 selves to a provost mirshal, shall be pardoned, ou condition 
 that they return to their regiments and companies, or to 
 such other organizations as they may be assigned to, and 
 serve the remainder of their original terras of enlistment, 
 and, in addition thereto, a period equal to the time lost by 
 desertion. 
 
 In testimony whereof, I have hereunto set my hand, and 
 caused the seal of tho United Sf.ites to be affixed. 
 
 Done at the city, of Washington, this eleventh day of 
 March, in the year of our Lord one thousand eight 
 [l. S.] hundred and si.xty-five, and of the Independence ol 
 the United States, the eightv-nlnth. 
 
 ABRAHAM LINCOLN. 
 
 By the President : 
 
 WiLUAM U. Seward, Secretary of State. 
 
 A WARNING TO BLOCKADE- RUNNERS AND OTHERS. 
 
 Department of State, 
 Washington, March 14, 1865. 
 
 The President directs that all persons who now are, or 
 hereafter shall be, found within tho United States, and who 
 have been engaged in holding intercourse or trade with the 
 Insurgents by sea, if they are citizens of the United States 
 or domiciled aliens, bo arrested and held as prisoners of w;ir 
 until the war shall close, subject, nevertheless, to prosecu- 
 tion, trial, and conviction for any offence committed by 
 them as spies, or otherwise against the laws of war. 
 
 The President further directs that all non-resident for- 
 eigners who now are, or hereafter shall be, found in the 
 United States, and who have been or shall hereafter be en- 
 gaged in violating tho blockade of tae insurgent ports, 
 shall le.ave tho United States within twelve days from the 
 publication of this order, or from their subsequent arrival 
 in the United States, if on the Atlantic side, and forty days 
 if on the Pacific side of the country. And such persons 
 shall not return to the United States during the continuance 
 of tho war. 
 
 Provost Marshals and Marshals of the United States wiU 
 arrest and commit to military custody all such offenders as 
 shall disregard this order, whether they have passports or 
 not, and they will bo detained in such custody uutil the 
 end of the war, or uutil discharged by subsequent order ol 
 the President. 
 
 WILLIAM H. SEWARD, 
 Secretary of State. 
 
 A REWARD OFFERED FOR THE ARREST OF RAIDERS. 
 
 The following has been promulgated by the 
 Secretary of State : 
 To all whom these presents may concern : 
 
 Whereas for some time past evil disposed persons have 
 crossed the borders of the United States, or entered their 
 ports by sea from countries where they are tolerated, hnd 
 have committed capital felonies against the property aud 
 
APPENDIX. 
 
 605 
 
 li'K of American citizens, aa well in the cities as in the rural 
 dtitricta of the country : 
 
 Now, therefore, iu the name and by the authority of the 
 Tresiileut of the United States, I do hereby mal^e known 
 that a nward of one thousand dollars will be paid at this 
 Department for the c.ipture of each of such offenders, upon 
 his (onviciion by a civil or military tribunal, to whomsoever 
 sliall arrest and deliver such offenders into tlie custody of 
 the civil or military authorities of the United States; and 
 tliH like reward will bo paid, upon the same terms, for tlie 
 cnptute of any such persons fo entering the United States 
 wh'^e offences shall be committed suhseciuently to the pub- 
 lication of this notice A reward of five hundred dollars 
 will I)" jiaid, upon conviction, for the arrest of any prTson 
 wlio shall have aided and abetted oifences of the class before 
 named within the territory of the United States. 
 
 Given under my hand and the seal of the Department of 
 Stite, at 'Washington, this fourth dav of April. A. D. ISGo 
 WILLIAM II. SKWAllD, 
 Secretary of Slate. 
 CLOSING CERTAIN P0R:S. 
 
 Whereas by my proclamations of the nineteenth and 
 twenty-seventh days of April, one tliousand eight hundred 
 and ej.ttyone, the ports of tlie United States in the States 
 0? Virginia, North Carolina, Soutli Carolina, Georgia, Fl ir- 
 idrt, Alabama, Mississippi, Louisiana, and Texiis wore de- 
 clared to be subject to blockade: but whereas tho said 
 blockade has, in c nseqnoiice of actual military occupation 
 by this Government, since been conditionally set aside or 
 relaxed in respect to the ports of Norfolk and Alexandria, 
 in the State of Virginia; Beaufort, in the State of North 
 C-.irolina; Port Royal, iu the State of South Carolina: Peii- 
 gacola and Fernandina, in the State of Florida, and New 
 Orleans, in the State of Louisian.i : 
 
 And whereas, by the fourth section of the act of Congress, 
 approved on tho thirteenth of July, eighteen liundred and 
 sixty-one, entitled " An act fiirtlicr to provide for tho col- 
 lection of duties on imports and for other purposes," tho 
 President, for the reasons therein set forth, is authorized 
 to close certain porta of entry: 
 
 Now, therefore, bo it known that I, Abraham Lixcol\, 
 President of the United States, do hereby proclaim that 
 the ports of l.ichmond, Tappahanuock, Cherrystone, York- 
 town, and Petersburg, in Virginia; of Camden, (Elizabeth 
 City,) Edeuton, Plymouth, Washington, Newborn, Ocra- 
 coke, and "Wilmington, in North ( arolina; of Charleston, 
 Oeorgetowu, and Deaulort, in South Carolina; of Savan- 
 nah. St. Marys, and Brunswick, (Darien,) in Georgia; of 
 Jlobib', in Alab.ama; of Pearl river, (.■>hieldaborongIi,) 
 Natciiez. and Vicksburg, in Mississippi; of St. Augustine, 
 Key West, St. Marks, (Port Leon,) St. Johns, (.Jacksonville,) 
 and Apalachicolii, iu Florida; ofTeche, (Frankdu,) in Lou- 
 isiana; of Galveston, La Salle, Brazos de Santiago, (Point 
 Isabel.) and Brownsville, Texas, are hereby closed, and 
 all right of importation, warehousin'.,', and other privileges 
 shall, in respect to tho ports aforesaid, cease until they shall 
 have again been opened by order of the President ; and if, 
 while said ports aro so closed, any .ship or vessel from be- 
 yond the United States, or having on board any articies 
 iiubjcct to duties, shall attempt to enter any such port, the 
 same, together with its tackle, apparel, furniture, and cargo 
 ehall be forfeited to tho United States. 
 
 In witness whereof, I have hereunto set my hand and 
 cau,-<ed tlic seal of tho United States to be aiBxed. 
 
 I><)ne at the city of 'Washington, this eleventli day of April, 
 ii; the year of our Lord one thousand eight hundred 
 [l. ».] and si.\ty-five, and of the Independence of the United 
 States of America the eighty-ninth. 
 
 ABKAIIAM LINCOLN. 
 
 By the President: 
 
 William II. Sewakd, Secretary nf State. 
 
 BQUALITV OF EIGHTS WITH ALL MAKITI.ME NATIONS. 
 Whereas for some time past vessels of -war of the United 
 ■ Sfcites have been refused, in certain foreign ports, privileges 
 and immunities to which they were entitled by treaty, 
 public law, or the comity of nations, at the samo time that 
 vessels of war of the country wherein the said privileges 
 anil iminunities have been withheld have enjoyed them 
 fuliy and uninterruptedly in ports of the United States; 
 wlii'h coiuiilion of tilings has not always been forcioly re- 
 si.>t.^d by the United States, although, o"n the other hand, 
 they have not at any time failed to protest against and de- 
 d.ire tlieii' dissatisfaction with the same; in the view of the 
 Unitel States no condition any longer exists which can bo 
 rl.umed to Justify the denial to them by any one of said 
 nations ol customary naval rights such as has heretoforo 
 been so unnecessarily persisted in : 
 
 Now, therefore, I, Abraham Lixcoln, President of the 
 United States, do hereby make known, th.at if after a rea- 
 sonable time shall have elapsed for intelligence of this 
 proclamation to have reached any foreign country in whoso 
 porta the said privileges and immunities shall have been re- 
 
 fused, a» aforesaid, tb.ey shall continue to be go refused, 
 then and thencef Tth the same privileges and immunities 
 shall be refused to tho vessels of war of that country in the 
 ports of the United States; and this refusal shall continue 
 until war vessels of the United States shall have been 
 placed upon an entire equality iu the foreign ports afore- 
 said with similar vessels of other countries. The United 
 States, whatever claim or jiretence may have existed hcrc- 
 to!'o:-e, are now, .at least, entitled to claim and concede an 
 entire and friendly equality of rights and hospitalities with 
 all maritirao nations. 
 
 In witness whereof, I have hereunto set my hand and 
 caused tho seal of the United States to be affixed. 
 
 Done at tho city of Washington, this eleventh day of 
 April, in the year of our Lord one thousand eight 
 [l. s.] humlri'd and sixty-five, and of the Independence of 
 the United States of America tho eirrhtv-ninth. 
 
 ABRAHAM LINCOLN. 
 
 By the President : 
 
 William II. Sewakd, Secretary of Stale. 
 
 PORT OF KEY WEST. 
 
 ■Wliereas, by my proclamation of this date the port of 
 Key West, in the State of Florida, was inadvertently in- 
 cluded among those which are not o]?cn to commerce : 
 
 Now, therefore, bo it known that I, Abrahim Lixcoln, 
 President of the United States, do hereby declare and make 
 known that the said port of Key West "is and shall remain 
 open to foreign and domestic commerce upon the same 
 comlitions by which that commeice has there hitherto 
 been governed. 
 
 In witness whereof, I have hereunto set my hand and 
 caused the seal of the United States to be affixed. 
 
 Done at tho city of Washington, this eleventh day of 
 April, in the year of our Lord one thousand eight 
 [l. S.] hundred and sixty-five, and of tho Indep 'ndenco of 
 the United States of America the eiirhtv-nitith. 
 
 ABKAUAM Lincoln. 
 
 By tho President : 
 
 Wm. H. Seward, S:cretary nf Slate. 
 
 OBSEKVANCE OF THE SABBATH. 
 
 EXECt'TITE MaXSIOX, 
 
 Washinoto.v, Aov. 16, 1S64. 
 
 The President, Commander-in-Chief of the Army and 
 Navy, desires and enjoins the orderlyobservanceof tho Sab- 
 bath by the ofijcers and men in the military and nav.al ser- 
 vice. The importance for m.m and beast of the prescribed 
 weekly rest, the sacred rights of Christian soldiers and 
 sailors, a becoming d. ference to the best sentiment of Chris- 
 tian people, and a due regard for the Divine will, demand 
 that Sunday labor in the Army and Navy be reduced to the 
 mea.sure of strict necessity. 
 
 The discipline and character of the national forces should 
 not suffer, nor tho cause they defend be imperiled, by tho 
 profanation of the day or name of the Jlost High. " "At 
 this time of public distress''— adopting the words of Wash- 
 ington in 1776 — " men may find enough to do in the service 
 of their Ood and their country without abandoning them- 
 selves to vice and immorality." The first General Order 
 issued by tho Father of his Country after the Declaration of 
 Independence, indicates tho spirit iu which our institutions 
 were founded and should ever be defended : " TIte General 
 hopes and trusts that every officer and man will endeavor 
 to live and act as becomes a Ciirislian soldier, defending thi 
 dearest rights and liberties of his coimtri/.'' 
 
 ABRAHAM LINCOLN. 
 
 LETTERS. 
 TO MRS. ELIZA P. GURNEY. 
 
 Executive Mansion, 
 Washingto.v, S'-ptJimber 30, 1864. 
 
 Mt Estkemed Friend : I have not forgotten, probably 
 never shall forget, tho very impressive occasion when your- 
 self and friends visited me on a Sabbath forenoon two 
 years ago. Nor had your kind letter, written nearly a year 
 later, ever been forgotten. In all it has been your purpose 
 to strengthen my reliance in God. I am much indebted to 
 the good Christian people of the country for their constant 
 prayers and consolations, and to no one of them more than 
 to yourself. Tho purposes of the Almighty aro perfect 
 and inu<t prevail, though we erring mortals may fail to ac- 
 curately perceive them in advance. We hoped for a ha))|iy 
 termination of this terrible war long before this; but Ood 
 knows best, and has ruled otherwise. We shall yet ac- 
 knowledge His wisdom and our own errors therein ; 
 meanwhile wo must work earnestly iu the best light He 
 gives us, trusting that so working still conduces to the 
 great euds He ordains. Surely He intends some great good 
 to follow this mighty convulsion which no mortal could 
 make, and no mortal could stay. 
 
 Your people — the Friends — have had, and are having, 
 very gre^t trials, oa principles and faith opposed to both 
 
606 
 
 AFPE.VDTX. 
 
 war an'l oppression. Tlioy can only practically oppose op- 
 pression by war. In this hard Llilomma, some have 
 cboseii one horn and some the other. 
 
 For those appealins; to me on conscientious grounds I 
 have floue and shall do the l)ost I could and can in my own 
 conscieniu under my oath to the law. That j'ou believe 
 this I doubt not, and believing it I shall still receive forniy 
 country and uijself your earnest prayers to our Fatht-r iu 
 Heaven. Your sincere friend, 
 
 A. LINCOLN. 
 TO DEACON .TOIIN PHILLIPS. 
 
 Deacon .John Phillips, of Sturbridge, Massa- 
 chusetts, whose great age — one hundred and 
 four yi ars — d d not prevent bim from voting 
 on the 8th of November, received the following 
 letter from the President: 
 
 Executive Mansion, 
 Washington, A'ov. 21, 1864. 
 
 Mt Dear Sir: I have heard of the incident at the polls 
 in your town, in which you acted so honorable a part, and 
 T take the liberty of writing to you to express my jjcrsonal 
 gratitude for the compliment paid me by the suffrage of a 
 citizen so venerable. 
 
 The example of siich devotion to civic duties in one 
 who'-e days have already been extended an average life- 
 time lieyond the Psalmist's limit, cannot but be valuable 
 aiid fruitful. It is not for myself only, but for the coun- 
 try, which you have in your sphere served so long and so 
 well, that 1 thank you. Your Iriend and servant, 
 
 A. LINCOLN. 
 
 Deacon John PniLLiPS. 
 
 TO MRS. BIXBT. 
 
 Mrs. Bixby, the recipient of the foUowmg 
 letter from P esident Lincoln, is a poor widow 
 living in the Eleventh Ward of Boston. Her 
 sixth son was severely wounded in a recent 
 battle : 
 
 Executive Mansion, 
 ■Washington, Kov. 21, 1864. 
 Dear Madam: I have been shown on thelile of the AVar 
 Department a statement of the Adjutant General of Massa- 
 chusetts, that you are the mother of live sous who have 
 died gloriously on the field of battle. 
 
 I feci how weak and fruitless must be any word of 
 mine which should attempt to beguile you from the grief 
 of a loss so overwlielming ; but I cannot refrain from ten- 
 deiing to you tlio consolation that maybe found in the 
 thanks of the Republi<; they died to save. 
 
 I pray that our Heavenly Father may assuage the an- 
 guish of your bereavements, and leave only the cherished 
 mcniorj' of the loved and lost, and the solemn pride tliat 
 must be yours to have laid so costly a sacrifice upon the altar 
 of jreedom. 
 
 Yours, very sincerely and respectfully, 
 
 A. LINCOLN. 
 To Mrs. BiXBT, Boston, Mass. 
 
 TO THE NEW ENGi.AND SOCIETY. 
 
 Executive Mansion, 
 Washington, December 19, 1864. 
 My Dear Sir: I have the honor to acknowledge the re- 
 ception of your kind invitation to be present at the annual 
 fo^tival of the New England Society to commemorate the 
 landing of the Pilgrims, on Thursday, the 22d of this 
 mnntli. 
 My duties will not allow me to avail myself of your kind- 
 
 I cannot but congratulate you and the country, however, 
 upon the spectacle of devoted unanimity, presented by the 
 people at home, the citizens that form our marching col- 
 unnis, and the citizens that fill our squadrons on the sea, 
 all animated by the same determination to complete the 
 work our fathers began and transmitted. 
 
 Tlie work of the I'lymouth emigrants was the glory of 
 their age. While wo reverence their memory, let us not 
 forget iiow v:istly greater is our opportuuity. I am, very 
 truly, your obedient servant, A. LINCOLN. 
 
 Joseph U. Cuoate, Esq. 
 
 TO A soldiers' fair. 
 
 Executive Mansion, 
 Washington, December 19, 1864. 
 To the Ladies managing the Suldicrs' Fair at Springfield, 
 Mass. : 
 
 Your kind invit.ation to bo present at the opening of your 
 fair is duly received by the hand of Mr. Ashniun. Grate- 
 ful for the compliment, and ever anxious to aid the good 
 cause in which you are engaged, I yet am compelled, by 
 
 public iliHv'B here, to decline. The recent good news from 
 Oeiierals Sherman, Thoiuiis, and, indeed, from nearly all 
 quarters, will bo far better than my presence, and will af- 
 ford all the impulse and enthusiasm you will need. 
 
 Your obedient servant, " A. LINCOLN. 
 
 ON AFFAIRS IN MISSOURI. 
 
 Executive Mansion, 
 Washington, Fc'irwiry 20, 1865. 
 His F.xreVency Gorernfrr Fletcher : 
 
 It seeing that there is now no orgain'zed military force of 
 the enemy in Missouri, and yet that de'.struction of property 
 and Hie is rampant everywhere. Is not the cure for this 
 within easy reach of the people themselves? It cannot 
 but be that every man, not naturally a robber or cut-throat, 
 wonlil gladly put an end to this state of things. A large 
 majority in every locality mustfeel alik-.-upon this subject; 
 and if so, they only need to reach an understanding, one 
 with another. Each leaving all othersalone Bolvesthe p. o- 
 blem; and surely each would do tliisbut for his ajipreben- 
 sion that others wdl not leave him 'ilone. Cannot this mis- 
 chievous distrust be removed ? Let neghhorhood meetings 
 be everywhere called and held of all entertaining a sincere 
 purpose for mutual security in the future,<whatever they 
 may heretofore have thought, said, or done about the war or 
 about anything else. Let all su'h meet, and, waiving all 
 else, pledge eai'.li to cease har.assisg others, and to make 
 common cause a,'.ainst whoever persists in making, aiding, 
 or encouraging further disturbance. The practical meana 
 they will best know how to adopt and apply. At such 
 meetings old friendships will cross the memory, and honor 
 and Chiistian charity will come iu to help. 
 
 Please consider whether it may not be well to suggest 
 this to the now afflicted people of Missouri. 
 Yours, truly, 
 
 A. LINCOLN. 
 ON EMPLOYING DISABLED SOLDIERS. 
 
 EsECUTiTE Mansion, 
 Washington, March 1, 1865. 
 Gentlemen : I have received your address, on the part of 
 the I'.nreau far the Employment of Disabled and Discharged 
 Soldiers, which h.is recently been established in connection 
 with the Protective War Claim Association of the Sanitary 
 Commission. 
 
 It gives me pleasure to assure you of my hearty concur- 
 rence with the purposes you announce, and I shall at all 
 times be ready to recognize the paramount claims of the 
 soldiers of the nation in the disposition of public trusts. I 
 shall be glad, also, to make these suggestions to the sev- 
 eral heads of dep irtmeuts. 
 I am, very truly, j-our obedient servant, 
 
 A. LINCOLN 
 To Lieut. Gen. Winfield Scott, President; Howard Pot- 
 ter, Wm. E. Dodge, .Jr., Theo. Roosevelt, Esqs. 
 
 ADDKESSES. 
 
 AT THE CONSECRATION OF THE NATIONAL CEME- 
 TERY, GETTYSBURG, NOVEMBER 19, 1863. 
 
 Fourscore and seven years ago our fathers brought forth 
 upon this continent a new nation, conceived in Liberty, and 
 dedicated to the proposition that all men are created equal. 
 
 Now we are engaged in a great civil war, testing whether 
 that nation, or any nation so conceived and so dedicated, 
 can Ion:? endure. "We are met on a great battle-field of that 
 war. We are met to dedicate a portion of it as the final 
 resting place of those who here gave their lives that that 
 nation might live. It is altogether fitting and proper that 
 we should do this. 
 
 But iu a larger sense we cannot dedicate, we cannot con- 
 secrate, we cannot hallow this ground. The brave men, 
 living and dead, who struggled hero, have consecrated it far 
 above our power to add or detract. The world will little 
 note nor long remember what we say here, but it can never 
 forget what they did here. It is for us, the living, rather to 
 be dedicated here to the unfinished work that they have 
 thus far so nobly carried on. It is rather for us to be here 
 dedicated to the great task remaining before us, - that from 
 these honored dead we take increased devotion to the cause 
 for which they here gave the last full measure of devotion, — 
 that we hero "highly resolve that ihe dead shall not have 
 died in vain, that the nation shall, under God, have a new 
 birth of freedom, and that llie government of the people, 
 by the people, and fur the people, shall not perish from the 
 earth. 
 
 TO A COMMITTEE OF THE NEW YORK WORKINGMEN'S 
 REPUBLICAN ASSOCIATION. 
 
 1864. March 21 — The President, replying to 
 their address, said : 
 
 Gentlemen op the CoMsnTTEE: The honorary member- 
 ship iu your association so generously tendered is gratefully 
 
APPENDIX. 
 
 607 
 
 accepted. Tou compreliend, as yonr address shows, that 
 the existing rehellion means more uiul tends to more than 
 the perpetuation of African slavery ; that it is in fact a war 
 upon the rights of all working people. Partly to show that 
 the view has not escaped my attention, and partly that I 
 cannot bettiT express myself, I veail a passage Irom the 
 message to Congress ill December, IStJl. (See pages IGo, 
 1-.6.) 
 
 The views then expressed remain unchanged, nor have 
 I much to add. None are so deeply interested to resist tlie 
 present rebellion as the working people. Let them beware 
 of prejudices working disunion and liostility among them- 
 selves. The most notable feature of a disturbance in your 
 city last summer was the hangi]ig of some working people 
 by other working people. It should never be so. The 
 strongest bond of human sympathy, outside of the family 
 relation, should be oue uniting all working jieople, of all 
 nations, tongues, and kindreds. Nor should this lead to a 
 war upon property or the owners of projierty. Property 
 is the fruit of labor: property is desirable; is a positive 
 good in the world That some should be rich shows that 
 others may be 'omo rich, and hence is just encouragement 
 to industry and enterprise. Let not him who is Iiouseless 
 pull down the house of another, but let him labor diligently 
 and build one for him.'ielf; thus by e.\ample assuring that 
 his own shall be safe from violence when built. 
 
 TO A CLUB OF PENNSYLVANIANS. 
 
 November 8 — The President, at a late hour 
 in the night, was serenaded by a club of Penn- 
 sylvanians, and spoke as follows : 
 
 Frie.vbs and Fellow-Citizens : Even before I had been 
 informed by you that this compliment was paid me by 
 loyal citizens of Pennsylvania friendly to me, I had in- 
 ferred that you were of that P'lrtion of my countrymen 
 who ihiuk that the best interests of the nation are to ht- 
 subserved by the support of the present Administration. 
 I do not pretend to say that you who think so embrace all 
 the patriotism and loyalty of the country ; but I do believe, 
 and, I trust, without personal interest, that the welfare of 
 the countiy does require that such support and endorse- 
 ment be given. 
 
 I earnestly believe that the consequences of this day's 
 work (if it lie as you assure, and as now seems probable) 
 will be to the lasting advantage, if not to the very salva- 
 tion, of the country. I cannot at this hour say what has 
 been the result of the election. But whatever it may be, 
 I have no desire to modify this opinion, that all who "have 
 laboi ed to day in behalf of the Union organization have 
 wroui^ht for the best interests of their country and the 
 World, not oidy for the present but for all future ages. 
 
 I am thankful to God for this approval of the people; 
 but, while deeply gratified for this mark of their confidence 
 in me. if 1 know my heart, my gratitu lo is free from any 
 taint of personal triumph. I do not impugn the motives 
 of any oue opposed to me. It is no jileasure to mo to tri- 
 umph over any one; but I give thanks to the Almigiity 
 for this evidence of the people's resolution to stand by free 
 government and the rights of humanity. 
 
 TO SUNDRY POLITICAL CLUBS. 
 
 November 10 — The several Lincoln and John- 
 son Clubs of the District of Columbia called 
 on the President, and gave him a serenade in 
 honor of his re-election. There was, in addi- 
 tion, an immense concourse of spectators of 
 both sixes in front of the Executive mansion. 
 
 The President appeared at an upper window, 
 and when the cheers with which he was greeted 
 had ceased, he spoke as follows : 
 
 It has long been a grave question whether any Govern- 
 ment, not too strong for the liberties of its people, can be 
 strong enough to maintain its e.vistence in great emer- 
 gencies. 
 
 On this point the present rebellion has brought our Re- 
 public to a .severe test, and a Presidential election, occurring 
 in regular cour,se during the rebellion, has added not a 
 little to the strain. If the loyal people, united, were put 
 to the utmost of their strength by the rthellion, must they 
 not fail when divided, and partially paralyzed by a politi- 
 cal war among themselves? 
 
 But the election was a necessity. We cannot have a free 
 Government without elections; and if the rebellion could 
 force us to forego or postpone a national election, it 
 might fairly claim to have already conquered and ruined 
 
 The strife of the election is but human nature practi 
 rally apjuied to the facts in the ca»e. What his orenrred 
 in this case must ever reciir in similar cases. Uumau uu- 
 
 [ ture will not change. In any future preat national trial, 
 compared with the men who iiave passed througli this, we 
 shall have as weak and as strong, as silly and as wise, as 
 bad and as good. Let us therefore study the iiK-idents of 
 this as philosophy to learn wisdom from, and none of them 
 as wrongs to be iwengeii. [Oheers.] 
 
 But the election, along with its incidental and undesired 
 strife, has done good, too. It has demonstrated that a peo- 
 ple's Government can sustain a national election in the 
 midst of a great civil war. [Renewed cheers.] Until niw 
 it has not been knowuto the world that this wa.s a possi- 
 bility. It shows, also, how sound and how strong we still 
 are. It shows that, even among candidates of the same 
 party, he who is most devoted to the Union, and most op- 
 posed to treason, can receive most of the people's vote. 
 [Applause.] 
 
 It shows, also, to the extent yet unknown, that we have 
 more men now than we li;id when the war began. Gold is 
 good in its place, but living, bravo, patriotic men, are better 
 than gold. [Cheers and other demonstrations of applause.] 
 
 But the rebellion continues ; and now that the election is 
 over, may not all having a common interest re-unite iu a 
 common effort to save our common country ? [Cheers. ] 
 
 For my own part, I have striven, and shall strive, to avoid 
 placing any obstacle in the way. [Cheers.] So long as I 
 have been here 1 have imi willingly planted a thorn in any 
 man's bosom. M'hile I am ihcply sensible to the high com- 
 pliment of a re-ehetii)ii, and duly grateful, as I trust, to 
 Almighty God for having directed my countrymen to a 
 right conclusion, as I think, for their own good, it adda 
 nothing to my satisfaction that any other man may be tUs- 
 appointed or pained by the result. [Cheers.] May I ask 
 those who have not differed with me to join with me in this 
 same spirit towards those -who have ? 
 
 And now let me close by asking three hearty cheers for 
 our brave soldiers and seamen, and their gallant and skil- 
 ful commanders. 
 
 TO A MARYLAND COMMITTEE. 
 
 November 17 — A committee of Marj-land 
 Union men called upon the President. 
 
 W. H. Purnell, Esq., in behalf of the Committee, delivered 
 an address, in which he said they rejoiced that the people, 
 by such an overwhelming ajid unprecedented majority, had 
 again re-elected Mr. Lincoln to the Presidency and endorsed 
 his course — elevating him to the proudest and most honor- 
 able position on earth. They felt under deep obligation to 
 him, because he.hail appreciated their condition as a Slave 
 State. It was not too much to say that by the exercise of 
 rare discretion on his part, Maryland to-day occupies her 
 position in lavor of freedom. Slavery has been abolished 
 therefrom by the sovereign ilecree of the people. With deep 
 and lasting gratitude they desired that his Administration, 
 as it had been approved in the piist, might also bo success- 
 ful in the future, and result in the restoration of the Union, 
 with freedom as its immutable basis. They trusted that on 
 retiring from his high and honorable position the universal 
 verdict might be that he deserved well of mankind, and 
 that favoring heaven might "crown his days with loving 
 kindness and tender mercies." 
 
 The President, in reply, said he had to confess he had 
 been duly n<jtilied of the intention to make this friendly 
 call some days ago, and in this he had had a fair opportu- 
 nity afforded to be reaily with a set speech; but he had not 
 prepared one, being too busy for that purpose. He would 
 say, 1 owever, that he was gratified with the result of the 
 Pi-esidwMtial election. He had kept as near as he could to 
 the exercise of his best judgment for the interest of the 
 whole country, and to have the seal of approbation stamped 
 on the course ho had pursued was exceedingly grateful to 
 his feelings. He thought he could say, in as large a sense 
 its any other man, that his ple;i.sure consisted in belief that 
 the policy he had pursued w.is the best, if not the only one, 
 for the satety of the country. 
 
 He had said before, and now repeated, that he indulged 
 in no feeling of triumph over any man who thought or 
 acted difi'erently from himself. He had no such feeling 
 towards any livin;; man. WIkmi he thonuht of Maryland, 
 iu particular, he was of the opinion that she had more than 
 double her share in what had occurred in the recent elec- 
 tions. The adoption of a free State constitution was a 
 greater thing than the part taken bv the people of the 
 State in the I're-^idenlial election. TIe'woot.l anv d.av have 
 ^liiuilaleil (n In.-. Mirylan.l in the |'re.i,|.-il i,,l election to 
 
 thoUL;ht that in that thev had a viclorv lor the ri-lit. worth 
 a great deal ninre than their part in the I're^idenlial elec- 
 tion, thonnh of the lat'.er he thought hi-lilv. lie had onee 
 belore said, but would say again, th.it tlioM- who have dif- 
 ) fei'cd with us and opposed us will see that the result of the 
 
608 
 
 APPENDIX. 
 
 Presidential election is bettor for their own good than if 
 they had been succcksIuI. 
 
 Tlianking tlio Committee for their compliment, he brought 
 his briulBpeech to u close. 
 
 ON THE ADOPTION OF THE ANTI-SLAVERY CONSTI- 
 TUTIONAL AMENDMENT. 
 
 1865, February 1 — A large deiegation called 
 at the Executive Mansion. 
 
 Afttr the band had played one or two favor- 
 ite airs, the President appeared at the centre 
 upper window, under the portico, and bis ap- 
 pearance was greeted with loud cheers, and 
 when they had subsided the President said he 
 supposed the passage through Congress of tlie 
 constitutional amendment for the abolishment 
 of slavery throughout the United States was 
 the occasion to which he was indebted for the 
 honor of this call. [Applause.] The occasion 
 was one of congratulation to the country and 
 the whole world. Cut there is a task yet be- 
 fore us — to go forwijrd and have consummated 
 by the votes of the States th t which Congn ss 
 had so nobly begun yesterday. [Applause, 
 and cries of " They will do it," &c.] He had 
 the honor to inform those present that Illinois 
 had already to-day done the work [Applause.] 
 Maryland was about half through, but he felt 
 proud that Illinois was a little ahead. He 
 thought the measure was a very fitting, if not an 
 indispensable, adjunct to the winding up of 
 this great difficulty. [Applause.] He wished 
 the reunion of all the States perfected, and so 
 effected as to remove all cause of disturbance 
 in the future; and to attain this end it was 
 necessary that the original disturbing cause 
 should, if possible, be roo ed out. 
 
 He thought all would bear him witness that 
 he had never shrunk from doing all that he could 
 to eradicate slavery by issuing an emancipution 
 proclamation. [Applause.] But that ) rocla- 
 niation fa Is far short of what the amendment 
 will be when fully cousumniatcd. A question 
 might be raised whether the prochimation was 
 legally valid. It might be urged that it only 
 aided those who came into our lines, and thai 
 it was inoperative as to those who did not give 
 themselves up ; or that it would have no effect 
 upon the children of slaves born h<-reafter; 
 in fact, it would be urged that it did not meet 
 the evil. But the amendment is a king's 
 cure-all for all the evils. [Applause.] It winds 
 the whole thing up. lie would repeat that it 
 was the fiitmg, if not the indispensable, ad- 
 junct to the consummation of the great game 
 we are playing. He could not but congratu- 
 late all present, himself, the country, and 
 the whole world upon this great moral victory. 
 In conclusion, he thanked those present for the 
 call. 
 
 ON BEING OFFICIALLY NOTIFIFD OF RK-ELECTION. 
 Having served four years in the depths of a great and 
 yet uncnded national peril, I can view this call to a second 
 term in nowise more flattering to myself than as an e 
 pression of the public judgment that I may better finish 
 diSicult work, in which I have labored from the first, than 
 could any one less severely schooled to the task. In this 
 Tiow and with assured reliauco on that Almighty Ruler 
 who has so graciously sustained us thus far, and with iu- 
 creaseil gratitu<l6 to the generous people for their continued 
 confidence, I accept the renewed trust with its yet onerous 
 and porplexiug duties and responsil)ilities. 
 PRESIDENT LINCOLN'3 SECOND INAUGURAL AD- 
 DRESS, MABCH 4, 1865. 
 
 FsxLOW-CoUNTRYMEN : At this second appearing to take 
 
 the oath of the presidential office, there is less occasion for 
 an extended adilress tlian lljere was at tlio first. Then, a 
 statement, somewhat in detail, of a course to be pursued, 
 seemed fitting and proper. Now, at the expiration of four 
 years, during which public declarations have been con- 
 stantly called forth on every luiint and phase of the great 
 contest which still absorbs tlie attention and engroasis the 
 energies of tlio natiou, littlo tliat is new could be pre- 
 sented. The progress of our arms, upon which all else 
 chiefly depends, is as well known to the public as to my- 
 self; and it is, 1 trust, reasonably Batisfa(Uory and encour- 
 aging to all. With high hope for the future, no prediction 
 in regard to it is ventured. 
 
 Ou the occasion corresponding to this four years ago, all 
 thoughts were an.xiously directed to an impending civil 
 war. All dreaded it— all sought to avert it. While the 
 inaugural address was being delivered from this place, de- 
 voted altogether to savinr/ the Union without war, Insui^ 
 gent agent.s were in the city seeking to destroy it without 
 war — seeking to dissolve the Union, and divide effects, by 
 negotiation. Both parties deprecated war; but one of them 
 would n<a7i« war rattier tliau let the nati n survive; and 
 tlie other would accept war rather than let it perish. And 
 the war came. 
 
 One-eiglith 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 pecu- 
 liar and powerful interest. All knew that this interest 
 was, somehow, the cause of the war. To strengthen, per- 
 petuate and extend this interest was the object for which 
 tho insurgents would renJ the Union, even by war; while 
 the guveri.ment claimed no right to do mure than to re- 
 strict tho territorial enlargimient of it. Neither party ex- 
 pected for the war the magnitude or the duration which it 
 has already attained. Neillier anticipated that the caus« 
 of the conflict might ceaso with, or even before, the conflict 
 itself should cease. Each louked for an easier triumph, 
 and a result less fundamental ai d astounding. B( th read 
 the same Bible, and pray to the same God; and each in- 
 vokes His aid against the otlier. It may seem s range that 
 any men should dare to ask a just Uod's assistance in 
 wringing their bread Irom the sweat of other men a faces; 
 but let us judge not, that we be not judged The prayers 
 of both could not bo answereil — that of neither has been 
 answered lully. The Almighty has His own purposes. 
 "Woo unto the world because of ofi'cnces! Ibr it must 
 needs be that offences cumo; but woe to thatman by wliom 
 the offenco conioth.' If we shall suijpose that American 
 slavery is ono of those ofl'eiici's wliich, in the providence of 
 God, must needs come, Imt which, having coniinued through 
 Ilis appointed time, lie now Wills to reniovt;, and that llo 
 gives to both north and south this terrible war, as the woe 
 due to those by whom tho offence came, shall wo discern 
 therein any departure from those divine attributes which 
 the believers in a livingGod always ascribe to llini 'I Fondly 
 do wo hope— fervently do we pray— that this mighty 
 scourge of war may speedily pass away. Yet, if God wills 
 that it continue uiltil ail the wealth piled by ih- bondman's 
 two liundrtd and filty years of unrequited toil shall be 
 sunk, and until every dmp cf blood drawn with the lash 
 shall be paid liy another drawn with t.e swonl, as was said 
 three thousand years ago, so still it must be Siiid, 'The 
 judgments of tho Lord are true and righteous altogether." 
 With malice toward none; with charity lor all; with 
 firmness in tho 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 liim who shall have borne the 
 battle, and fir his widow, and his orplian— to do all which 
 may achieve and cherish a just and a lasting peace among 
 ourselves, and with all nations. 
 
 ON THE SLAVES FIGHTING FOR THE REBELS. 
 
 18G5, March 17 — On the occasion of the pre- 
 sentation of a captured rebel flag to Gov. Mor- 
 ton, of Indiana, President Lincoln made these 
 remarks : 
 
 Fellow-citizens: A few words only. I was born in Ken- 
 tucky, raised in Indian.i, reside iu Illinois, and now here, 
 it is my duty to care eijually for the good people of all the 
 States. I am to-day glad of seeing it in the power of an 
 Indiana regiment to present this captured flag to the good 
 Governor of their State. And yet I would not wish to com- 
 pliment Indiana above other Slates, remembering that all 
 have done so well. 
 
 There are but few aspects of this great war on which I 
 have not already expressed my views by speaking or writ- 
 ing. Thrre is one — tho recent effort of " our erring breth- 
 ren," sometimes so called, to employ the sbives in their 
 arniies. Tho great question with them has been, "will 
 the negro fight for them?" They ought to know better 
 than we. and doulitless do know better than we. I may 
 incidentally remaik, however, that having iu my life heard 
 
APPENDIX. 
 
 609 
 
 many arpuments — or strings of words meant to pass for 
 arguments — intended tu show tliat the negro ou^lit to lie a 
 Blave; that if he shall now really fight to keep himself a 
 slave, it will be a fur better argument why be should re- 
 main a slave than I have ever before heard. 
 
 He, perhaps, ought to ba a slave, if he desires it ardently 
 enough to fight for it. Or, if one out of four will, for his 
 own freedom, fight to keep the other three in slavery, he 
 ought to be a slave for his selfish meanness. 1 have always 
 thought that all men should be free : but if any should be 
 slaves, it should be first those who desire it for titeinselves, 
 and secondly those who desire it for others. Whenever I 
 hear any one arguing for slavery, I feel a strong impulse to 
 see it tried on him personally. 
 
 There is one thing about the negro's fighting for the 
 rebels which we can know as well as they can; and that is 
 that they cannot at the same time fight in their armies and 
 stay at "home and make bread for them. And this being 
 known and remembered, we can have but little concern 
 whether they become soldiers or not. I am rather in favor of 
 the measure, and would at any time, if I could, have loaned 
 them a vole to carry it. We have to reach the bott.im of 
 the insurgent resources ; and that they employ, or seriously 
 think of employing the slaves as soldiers, gives us glimpses 
 of the bottom. " Therefore 1 am glad of what we learn on 
 this subject. 
 
 ON VICTORY AND RECONSTRUCTION. 
 
 1865, April 11— Aft^r the fall of Richmond 
 and the surrender of the Army of Northern 
 Virginia, President Lincoln was called upon 
 in Washington, and made these remarks : 
 
 We meet this evening not in sorrow, but in gladness of 
 heart. The evacuation of Petersburg and Richmond, and 
 the surrender of the principal insurgent army, give hope 
 of a righteous and speedy peace, whose joj'uns expression 
 cannot be restrained. In the midst of this, however. He 
 from whom all blessings flow must not be f irgotten. A 
 call lor a national thanksgiving is being prepared, and will 
 be duly promulgated. Nor mtist those whose harder part 
 give us the cause of rejoicing be overlooked. Their honors 
 must not be parcelled out with others. I myself was near 
 the front, and had the highple;isure of transmitting much 
 of the good news to you ; but no part of the honor, for plan 
 or execution, is mine. To Gen. Grant, his sldlful officers 
 and brave men, all belongs. The gallant navy stood ready, 
 tiit was not in reach to take active part. 
 
 By these recent successes, the re-inauguration of the na- 
 tional authority, reconstruction, which has had a large 
 share of thought from the first, is pressed much more 
 closely upon our attention. It is fraught with great diffi- 
 culty. Unlike the case of a war between independent na- 
 tions, there is no authorized organ for us to treat with. No 
 one man has authority to give up the rebellion for any 
 other man. We sirr;ply must begin with and mould from 
 disorganized and discordant elements. Nor is it a small 
 additional embarrassment that we, the loyal people, diflVr 
 among ourselves as to the mode, manner, and means of re- 
 construction. 
 
 As a general rule, I abstain from reading the reports of 
 attacks upon myself, wishing not to be provoked by that to 
 which I cannot properly otier an answer. In spite of this 
 precaution, however, it comes to my knowledge that I am 
 much censured from some supposed agency in setting up 
 and seeking to sustain the new State government of Louisi- 
 ana. In this I have done just so much as, and no more 
 than, the public knows. In the annual message of De- 
 cember, 1S63, and accompanying proclamation, I presented 
 a plan of reconstruction (as the phrase goes) which I prom- 
 ised, if adopted by any State, should bo acceptable to, and 
 Busfciined by .the Executive Government of the nation. I 
 distinctly stated that this was not the only plan which 
 might possibly be acctptable; and I also distinctly pro- 
 tu.-<ted that the Executive claimed no right to say when or 
 w hether members should be admitted to seats in Congress 
 from such States. This plan was, in advance, submitted to 
 the then Cabinet, and distinctly approved by every mem- 
 ber of it. One of them suggested that I should then, and 
 ill that connection, apply the Emancipation Proclamation 
 to the theretofore excepted parts of Virginia and Louisiana; 
 that 1 should drop the suggestion about apprenticeship for 
 freed people, and that I should omit the protest against my 
 own power, in regard to the admission of members of Con- 
 gress ; but even he approved every part and parcel of the 
 plan which hits since been employed or touched by the ac- 
 tion of Louisiana. 
 
 The new Constitution of Louisiana, declaring emancipa- 
 tion for the whole State, practically applies the proclama- 
 tion to the part previously excepted. It docs n t adopt 
 apprenticeship for freed people, and it is silent, as it could 
 not well be otherwise, about the admission uf members to 
 Congress. So that, as it applies to Louisiana, every mem- 
 
 ber of the Cabinet fully approved the plan. The message 
 went to Congress, and I received many commendations of 
 the plan, written and verbal; and not a single objection to 
 it, from any professed emancipationist, came to my knowl- 
 edge, until after the news reached Washington that the 
 people of Louisiana had begun to move in accordance with 
 it. From about July, 18li2, 1 had corresponded with differ- 
 ent personssupposed tobe interested, seeking a reconstruc- 
 tion of a State government for Louisiana. When the mes- 
 sage of 1863, with the plan before mentioned, reached New 
 Orleans, Gen. Banks wrote me he was confident that the 
 people, with his military co-operation, would reconstruct 
 substantially on that plan. I wrote him and some of them 
 to try it. They tried it, and the result is known. Such 
 only has been my agency in getting up the Louisiana gov- 
 ernment. As to sustainingit, my promise is out, as before 
 stated. But as bad promises are better broken than kept, 
 I shall treat this as a bad promise and break it whenever 
 I shall be convinced that keeping it is adverse to the pub- 
 lic interest. But I have not yet been so convinced. 
 
 I have been shown a letter on this subject, supposed to 
 be an able one, in which the writer expresses regret that 
 my mind has not seemed to be definitely fixed on the ques- 
 tion whethisr thu secedeil Stales, so-called are iu the 
 Union or out of it. It would, perhaps, add astonishment 
 to his regret were he to learn that, siucR I have found pro- 
 fessed Union men endeavoring to make that question, I 
 have purposely forborne any public expression upon it. Aa 
 appears to me, that question has not been, nor yet is, a 
 practically material one, and that any discussion of it, 
 while it thus remains practically immaterial, could have 
 no efl'ect other than the mischievous one of dividing our 
 friends. As yet, whatever it may hereafter become, that 
 question is bad, jis the basis of a controversy, and good for 
 nothing at all — a merely pernicious abstraction. We all 
 agree that the seceded States, so-called, are out of theii 
 proper practical relation with the Union, and that the sole 
 object of the Government, civil and military, in regard to 
 those States, is to again get them into that proper practical 
 relation. I believe it is not only possible, but iu f ict easier 
 to do this without deciding, or even considering, whetiar 
 these Stiites have ever been out of the Union, than with it. 
 Finding themselves safely at home, it would bo utterly im- 
 material whether they had ever been abroad. Let us all 
 join in doing the U".t3 necessary to restoring the proper 
 practical rel.itious between these States and the Union, and 
 each forever after innocently indulge his own opinion 
 whether, in doing the acts, he brought the States from with- 
 out into the Union, or only gave them proper assistance, 
 they never having been out of it. 
 
 'Ihe amount of constituency, so to speak, on which the 
 new Louisiana government, rests, would be more satisfac- 
 tory to all if it contained fifty, thirty, or oven twenty thou- 
 sand, instead of only about twelve thousand, as it really 
 do?s. It is also unsatislactory to some that the elective 
 franchise is not given to the colored man. I would myself 
 prefer that it were now conferred on the very intelligent, 
 and on those who serve our cause as soldiers. Still the 
 question is not whether the Louisiana government, as it 
 stands, is quite all that is desirable. The question is: 
 "Will it be wiser, take it as it is, and help to improve it, 
 or to reject and disperse it?" " Can Louisiana be brought 
 into properpractical relation with the Union soimer by si«- 
 tainiiig or by discarding her new State government ?" 
 
 Some twelve thousand voters in the heretofore slave State 
 of Louisiana have sworn allegiance to the Union, assumed 
 to be the ri^'htful political power of the State, held elec- 
 tions, organized a State government, adopted a free State 
 constitution, giving the benefit of public schools equally to 
 black aud white, and empowering the Legislature to confer 
 the elective franchise upon the colored man. Their Legis- 
 lature has already voted to ratify the constitutional amend- 
 ment recently passed by Congress, abolishing slavery 
 throughout the nation. Theso twelve thousand persons are 
 thus fully committed to the Union, and to perpetual free- 
 dom in the State; committed to the very things and nearly 
 all the things the nation wants, and they ask the nation's 
 recognition and its assistanco to make good that committal. 
 Now, if we reject and spurn them, we do our utmost to 
 disorganize and disperse them. We, in effect, say to the 
 white men, " You are worthless, or worse ; wo will neither 
 help you, nor be helped by you." To the blacks wo say, 
 " This cup of Liberty which these, your old masters, hold 
 to your lips, we will dash from you, and leave you to the 
 chances of gathering tlie spilled and scattered contents in 
 some vague and undefined when, where, and how." If this 
 course, discouraging and paralyzing both white and black, 
 has any tendency to bring Louisiana into proper practical 
 relations with the Union, I have, so far, been unable to 
 perceive it. If, on the contrary, we recognize and sustain 
 the new government of Louisiana, the converse of all this 
 is made true. 
 
 We encourage the hearts and nerve the arms of the twelve 
 thousand to adhere to their work and argue for it, and prose- 
 
610 
 
 APPENDIX. 
 
 lyte for it, and fight for if. ami ford it. aud prow it, and | 
 ripen it to aconiplote success, 'ilie ccilored man, too, seeing 
 all united for hita, is inspired with vigilancr', and energy, 
 and daring to the same end. Grant that he desires the I 
 elective franchise, will he not attain it sooner by saving 
 the already advanced steps toward it than by running back- 
 ward over them? Concede that the new government of 
 Loni.siana is only to what it should be as tho egg is to the 
 fowl; wo shall sooner havu tho fowl by hatching the egg 
 than by smashing it. Again, if we reject Louii'iana, we 
 also reject one vote in iavor of tho proposed amendment 
 to the National Constitution. To meet tiiis propos tion it 
 has been argued that no more than three-fourths of those 
 States which liave not attempted secession are nece.ssary 
 to validly ratify tho amendment. I do not commit myself ! 
 against 'this further than to say that such a ralification | 
 vonld be questionable, and sure to be persistently ques- 
 tioned; whilst a ratification by three-fourths of all the 
 States would ho unquestioned and unqneslionablo. 
 
 I ropeat tho question, "Can Louisiana be brought into 
 prop- r practical relation wilh the Union OToncr by snstahi- 
 ing iiv by discardvig her new State government?" What has 
 heen said of Louisiana will apply generally to other Stiites. 
 And yet so great pcculiirities pertain to each Slate, and 
 such important and sudden changes occur in the same 
 State, and, withal, so new and unpiecedeuted is tho whcrle 
 case, that no exclusive and inflexible plan can. safely be pre 
 scribed as to details and collaterals. Such exclusive and 
 inflexible plan would surely become a new entanglement. 
 Important principles may, andmusi, be inflexible. 
 
 In the present situation, .as the phrase goes, it may be 
 my duty to make some new announcement to the people 
 of the South. I am considering, and shall not fail to act 
 when sati&Iied that action will be proper.* 
 
 PRESIDENT Lincoln's second cabinet. 
 
 S'cretary of State — William II. Sewabd, of 
 New York. 
 
 Secretary of the Treasury — HuGU McCclloch, 
 of Indiana. 
 
 Secretary of War — Edwin M. Stanton, of 
 Ohio. 
 
 Secretary of the Navy — Gideon Welles, of 
 Connecticut. 
 
 Secretary of the Interior— Sou's P. Usher, of 
 Indiana; to be succeeded, May 15, by James 
 Harlan, of Iowa. 
 
 Attorney General — James Speed, of Ken- 
 tuclcy. 
 
 Fcstmaster General — William Dennison, of 
 Ohio. 
 
 DEATH OF PRESIDENT LINCOLN. 
 
 18G5, April 15— President Lincoln died in 
 WasUinjitoa city, at twenty-two minutes past 
 seven o'clock, A. M., of wounds inflicted the 
 night before by an assassin, supposed to be 
 John Wilkes Booth. 
 
 Samp day — Andrew Johnson, Vice Pre=-i- 
 dent, qualili d as President, Chief Justice 
 Chase ha- ing administered the oath of office. 
 
 Second Rebel Congress—Second Ses- 
 sion. 
 
 Met in Richmond Monday, November 7, 1864. 
 JEFFERSON DAVIS'S MESSAGE. 
 ******* 
 employment op slaves. 
 The employment of slaves for service with the army as 
 teamsters or cooks, or in the way of work upon fortifica- 
 tions, or in the Government work sliops, or in hospitals, 
 and other similar duties, was authorized Ijy tho act of 17th 
 Febnuiry last, and provision was made for their impress- 
 ment to a number not exceeding twenty thousand, if it 
 should be found impracticable to -obtain them by contr.act 
 with the owners. The law contemplated the hiring only of 
 tho labor of these slaves, and imposed on tho Government 
 tho liability to pay for tho value of such as might be lost 
 
 *For this corrected copy of his last speech I am indebt- 
 ed, through a mutual friend, to President Lincoln, who fre- 
 quently rendered me essential service by jiiving facilities 
 for obtaining accurate copies of important papers. 
 
 to the owners from casualties resulting from their employ- 
 ment in the service. 
 
 This act has produced less result than vras anticipated, 
 and further provisiiin is required to nender it efficacious. 
 But my pi eseiit purpose is to invite your consideration to 
 tho propriety of a radical modification in the theory of the 
 law. 
 
 THE law on the SUBJECT. 
 Viewed merely as property, and therefore as the subject 
 of impressment, tho service or labor of the slave has been 
 frequently claimed for short periods in the construction of 
 deionsivo works. The slave, however, bears another rela- 
 tion to tho Statt — that of a person. The law of last Febru- 
 ary contemplates only the relation of the slave to the mas- 
 ter, and limits the impressment to a certain term of service. 
 But for the purposes enumerated in the act, instruction in 
 the numner of encamping, marching, and parking trains is 
 needful, so that, even in this limited employment, length of 
 service adds greatly to the value of the negro s labor. 
 Hazard is also encountered in all the positions to which the 
 negroes can bo assigned for service with the army, and the 
 duties required of them demand loyalty and xeal 
 
 In this aspect tho relation of person predominates so far 
 as to render it doubtful whether the private right of prop- 
 erty can con.--istently and beneficially he continued, and it 
 would seem proper to acquire for the public service the 
 entire property in the labor of the slave, and to pay theie- 
 for duo compensalion, rather than to impress his labor for 
 short terms; and this tho more especially as the effect of 
 the present law would vest this entire property in all cases 
 where the slave might bo recaptured after compensation 
 for his loss had been paid to thepiivateowner 
 
 Whenever the entire property in the service of a slave is 
 thus acquired by the Government, thequestion ispresented 
 by what tenure ho should be hehl. Should lie be retained 
 in Servitude, or shoirld his emancipation be held out to him 
 as a reward lor faithful service, or should it be granted at 
 once on the promise of such service? and if emancipated, 
 what action should be taken to secure for the freedman the 
 permission of tho Statefrom which he was drawn to reside 
 within its limits after the close of his public service? The 
 permission would doubtb ss bo more readily accorded as a 
 reward for past f.iithful service, and a double moiive for 
 zealous discharge of duty would thus be ( ft'cred to those 
 employed by tho Government, their freedom, and the grati- 
 fication of the local attachment which is so marked a 
 characteristic of the negro, and forms so powerful an in- 
 centive to his action. 
 
 DAVIS opposed to IMMEDIATE EMANCIPATION. 
 The iiolicy of engaging to liberate the negro on his dis- 
 charge after service faithfully rendered seems to me prefer- 
 able to that of gninting immediate manumission, or that of 
 retaining him in servitude. If this policy should recom- 
 mend itself to tho judgment of Congress, it is suggested 
 that, in addition to tlie duties heretolbro.performed by the 
 slave, he might bo advantageously employed as pioneer and 
 engineer laborer, andinthat event, that the number should 
 be augmented to forty thousand. 
 
 A DISTINCTION DRAWN. 
 Beyond this limit and these employments, it does not 
 seem to mo desirable, under existing circumstances, to go. 
 A broad, moral distinction exists between the use of slaves 
 as soldiers in defence of their homes and the incitement 
 of the same persons to insurrection against their masters. 
 The one is justifiable, if necessary: the other is iniquitous 
 and unworthy of a civilized people; and such is the judg- 
 ment of all writers on public law, as well as that expressed 
 and insisted on by our enemies in all wars prior to that now 
 waged against us. By none liave the pnictice?, of which 
 they are now guilty, been denounced with greater severity 
 than by themselves in the two wars with Great Britain in 
 the last and in the present century; and in the Declarati in 
 of Independence of 1776, when enumeration was made of 
 the wrongs which justified the revolt from Great Britain, 
 the climax of atrocity was deemed to bo reached only when 
 tho English monarch was denounced as having "excited 
 domestic insurrection amongst us." 
 
 EMPLOYMENT OF SLAVES AS SOLDIERS DAVIS 
 
 OPPOSES A GENERAL LAW. 
 Tlie subject is to be viewed by us, therefore, solely in tho 
 light of policy and our social economy. When so regari'ed, 
 I must dissent from those who advise a general levy and 
 arming of the slaves for the duty of soldiers. Until our 
 white population shall prove insufficient for the armies we 
 require and can afford to have in the field, to employ, as a 
 soldier, tho negro who has merely been trained to labor, 
 and as a laborer, the white man, accustomed from his youth 
 to the use of fire-arms, would scarcely be deemed wise or 
 advantageous by any ; and this is the question now before 
 us. But should the alternative ever be presented of subju- 
 
APPENDIX. 
 
 611 
 
 gation or of the oraplo>Tnent of the rI.ivo n= n p -Mif r. there 1 
 eeenis no reason to doubt what slioiihl th. n Ir ■• ir .1 . i^i.m. 
 
 Whether our view embraces wliat \vni,|,i. in - . \ii ■iiie a 
 case, be the sum of luiseiy entailed I'V tb- . itiini i ii tiie 
 enemy or to be restricted solely to tli. "I I liappi- 
 
 ne?8 of the negro poiiulation Ihemsi 1 \ i , i i w.iuld 
 be the same. The ajjpalliDg denioml: - nu'. dis- 
 
 ease iind death which have been cans. ,1 i ; p t ; > Mibsti- 
 tutiUK the invader's system of policy for the kind relation 
 previously subsisting between the master and slave, have 
 been a sufficient demonstration that external interference 
 with our institution of domestic slavery is productive of 
 evil only. If the subject involved- no oihor consideration 
 than the mere right of property, the sacrifices heretofore 
 made by our people have been such as to permit no doubt 
 of tbeir readiness to surrender every possession in order to 
 S' euro tlieir independence. 
 
 REBEL CAKE OF THE AFRICAN. 
 
 But the social and political question, which is exclusively 
 under llie control of the several States, has a far wider and 
 more enduring importance than that of pecuniary interest 
 In its mimiluld phase, it embraces the stability of our re- 
 publican institutions, resting on the actual political equality 
 of all its citizens, and includes the fulfillment of the task 
 which has been so happily begun, thatof Christianiziugund 
 improving the condition of the .Africans who have, by tlie 
 will of I'rovidence, been placed in our ch.arge. Comparing 
 the results of our own experience with those of the experi- 
 ments of others, who have borne simihir relation to the 
 African race, the people of the several States of the Con- 
 federacy have abundant reason to be satisJied with the past, 
 and to iise the greatest circumspection in determining their 
 course. 
 
 These considerations, however, are rather applicable to 
 the improbable contingency of ojir need of resorting to this 
 element of resistance than to our present condition. If the 
 recommendation above made, for the training of forty 
 thousand negroes for the service indicated shall meet your 
 approbation, it is certain that even this limited number, by 
 their preparatory training in intermediate duties, would 
 form a more valuable reserve force, in case of urgency, 
 than threefold their number suddenly called from field 
 hibor; while a fresh levy could, to a certain extent, supply 
 their places in the special service for which they are now 
 employed. 
 
 NEGOTIATIONS FOR PEACE. 
 
 The disposition of this government for a peaceful solu- 
 tii'ii of the issues which the enemy has referred to the arbi- 
 trament of arms has been too often manifested and is too 
 Will known to need new assurances. But while it is true 
 that individuals and parties in the United Stiites have 
 indicated a desire to substitute reason for force, and by 
 negotiation to stop the further sacrifice of human life, and 
 to arrest the calamities which now afilict both countries, 
 the authorities who control the government of our enemies 
 have too often and too clearly expressed their resolution 
 til make no peace except on terms of our unconditional 
 submission and degradation, to leave us any hope of the 
 cessatic.n of hostilities until the delusion of their ability to 
 conquer us is dispelled. Among those who are already dis- 
 posed for peace, many are actuated by principle and by dis- 
 approval iind abhorrence of the iniquitous wartare that 
 their government is waging, while others are moved by the 
 conviction that it is no longer to the interest of the United 
 Slates to continue a struggle in which success is unat- 
 tainable. 
 
 Whenever this fast growing conviction shall have taken 
 firm root in the minds of a majority of the Northern peo- 
 ple, there will be produced that willingness to negotiate 
 for peace which is now confined to our side. Peace is man- 
 ifestly impossible unless desired by both panics to this 
 war, and the disposition for it among our enemies will be 
 best and most certainly evoked by the demonstration on 
 our part of ability and unshaken determination to defend 
 our rights, and to hold no earthly price too dear for their 
 purchase. AVhenever there shall be, on the part ot our 
 enemies, a desire for peace, there will be no difficulty in 
 finding means by which negotiation can lie opened; but it 
 is obvious that no agency can be called into action until 
 this desire shall be mutual. When that contingency shall 
 happeu, the government, to which is confided the "treaty- 
 making power, can be at no loss for means adapted to 
 accomiilish so desirable an end. 
 
 In the hope that the day will soon be reached when, 
 under Divine favor, these States may be allowed to enter 
 ou their lornier peaceful pursuits, and to develop the abun- 
 dant natural resources with which they are blessed, let us 
 then raeolutely continue to devote our united and unim- 
 paired energies to the defence of our homes, our lives, and 
 oui- liberties. This is the true path to peace. Let us tread 
 it with confidence iu the assured result. 
 
 JEFFERSON DAVIS. 
 
 CHANGES IN LIST OF SENATORS AND REPRESENTA- 
 TIVES. 
 
 The changes from the list, as found on pago 
 402, are these : 
 
 IM SENATE. 
 
 Missouri — George G. Vest, appointed by Gov. Reynolds, in 
 
 place of L. JI. Louis. 
 North Carolina — The Legislature, at its late session, elected 
 
 Thomas S. Ashe as successor of Mr. Dortch, for the next 
 
 Congress. 
 
 IN HOUSE OF REI>UESEXTATIVES.* 
 
 Tennessee. — Henry S. Foote abandoned his seat, came within 
 our lines, and is now in Europe. He was expelled 
 from the House — yeas 73, nays 0. 
 
 Alabama — William R. Smith announced his withdrawal, 
 but the next day withdrew it and resumed his seat 
 Mr. Cobb has died since expulsion. His vacancy has 
 not been filled. 
 
 THE NEGRO SOLDIER BILL.f 
 
 The following bill passed both Houses : 
 A Bill to increase the military forces of the Confederate 
 States. 
 
 The Congress of the Confederate States of America do 
 enact. That in order to provide additiontil forces to repel 
 invasion, maintain the rightful possession of the Confede- 
 rate States, secure their independence and preserve their 
 institutions, the I'resident be and he is hereliy authorized 
 to ask for and accept from the owners of slaves the ser- 
 vices of such number of able-bodied negro men as he may 
 
 * A bill passed the Congress postponing the election for 
 Representatives iu Missouri for the next Congress until 
 November next ! 
 
 t General Lee's letter on the subject: 
 
 IlEADiiUARTER.s C. S. Aemies, Kbruary 18. 
 lion. E. Barksdale, Houseof Rejiresenlatives, Richmond: 
 
 Sir: I have the honor to acknowledge the receipt of 
 your letter of the 12tli instant, with reference to the em- 
 ployment of negroes as soldiers. I think the measure not 
 only expedient but necessary. The enemy will certainly 
 use them against us, if he can get possession of them; and, 
 as his present numerical supei'iority will enable him to pene- 
 trate many parts of the country, I cannot see the wisdom of 
 the policy' of holding them to await his arrival, when we 
 may, by.timely action and judicious management, use them 
 to arrest his progress. I do not think that our white popu- 
 lation cm suiiiily the necessities of a lung war, without 
 overtaxingits capacity, and imposing greuLsuffering on our 
 people; and I believe that we should provide for a pro- 
 tracted St uggle, not merely for a battle or a camp.Tign. 
 In answer to your second question, I can only say that, in 
 niy opinion, the negroes, under proper circumstances, will 
 make eflicieiit soldiers. I tliink we could at lejxst do as 
 well with them as the enemy, ami ho attaches great im- 
 portance to their assistance. Under good oflicers and good 
 instruction I do not see why they should nut become sol- 
 diers. They possess all the physical qualification, and their 
 habits of obedience constitute a good foundation fur dis- 
 cipline. They furnish more promising material than many 
 armies of which we read in history, which owed their effici- 
 ency to discipline alone. I think those who are employed 
 should be freed. It would be neither just nor wise, iu my 
 opinion, to require them to remain as slaves. The best 
 course to pursue, it seems to me, would be to call for such 
 as are willing to come with the consent of their owners. 
 An impressment or draft would not be likely to bring out 
 the best class, and this course would make the war more 
 distasteful to them and their owners. I have no doubt 
 that, if Congress would authoi-ize their reception into the 
 service, and empower the President to call upon individuals 
 or States for such as they are willing to contribute, with 
 the condition of emancipation to all enrolled, a sufficient 
 number would be forthcoming to enable us to try the e.\- 
 periment. II it prove succes-sful, most of the objections 
 to the measure would disappear; and if individuals still 
 remained iniwilling to send their negroes to the ai my, the 
 force of public opinion in the States would soon bring 
 about such legislation as would renuive all obstacles. I 
 think the matter should be left as far as jiossilde to the 
 people and to the States, which alone can legislate, as tho 
 necessities of this particular service may ri'quire. As to 
 the mode of org.inizing them, it should be left as free Irom 
 restraint as possible. Experience will suggest the best 
 course, and it would be inexpedient to trammel the sub- 
 ject with provisions that might, in the end, prevent tho 
 adoption of reforms suggested by actual trial. 
 With great respect, your obedient servant, 
 
 K. E. LEE, General. 
 
612 
 
 APPENDIX. 
 
 deem expedient for and during the war, to perform military 
 service in whatever capacity ho may direct. 
 
 Sec. J. That the Goueral-in-Chi f be authorized to organ- 
 ize the said slaves into companies, battalions, regiments, 
 and brigades, under such rules and regulations as the Sec- 
 retary of War may prescribe, and to be commanded by 
 such officers as the President may appoint. 
 
 Sec. o. That, while employed in tho service, the said 
 troops shall receive the same rations, clothing, and com- 
 pensation as are allowed toother troops in the same branch 
 of the service. 
 
 Sec. 4. That if, under the previous section of this act, the 
 President shall not be able to raise a sufficient number of 
 troops to prosecute the war successfully and maintain the 
 sovereignty of tho States, and the independence of the Con- 
 federate States, then he is hereby authorized to call on 
 each State, whenever he thinks it expedient, for her 
 quota of S00,000 troops, in addition to tho*o subject to mil- 
 itary service under existing laws, or so many thereof as the 
 President may deem necessary, to be raised from such 
 classes of the population, irrespective of colur, in each State, 
 as the proper authorities thereof may determine : Provided, 
 That not more than 25 per cent, of the male slaves be- 
 tween the ages of 18 and 45 in any State shall be called 
 for under tho provisions of this act. 
 
 Sec. 5. That nothing in this act shall be construed to au- 
 thorize a change in the relation of the said slaves. 
 
 la Senatef the vote was : 
 
 Yeas — Messrs. Crown, Burnett, Caperton, Henry, Hun- 
 ter, Oldham, Semmes, Simms, Watson — 9. 
 
 Nays — Messrs. Barnwell, Graham, Johnson of Georgia, 
 Johnson of Missouri, Maxwell, Orr, Vest, Wigfall — 8. 
 
 The proviso to the fourth section was added 
 in the Senate. On concurring in it, the vote 
 in the House was — yeas 40, nays 28, as fol- 
 lows: 
 
 Ates — Messrs. Anderson, Barksdalo, Batson, Baylor, 
 Blandford, Bradley, II. W. Bruce, Carroll, Cliirk, Clopton, 
 Courad, Darden, DeJarnette, Dickinson, Dupre, Elliott, 
 Ewing, Funsten, Gaither, Goode, Gray, Hanly, Johnston, 
 Keeble, Lyon, Machen, Marshall, McMullen, Menees, Mil- 
 ler, Moore, Murray, Perkins, Bead, Russell, Simpson, Snead, 
 Staples, Triplott, Villere— 40. 
 
 Nats — Messrs. Atkins, Baldwin, Branch, Chambers, Col- 
 yor, Cruickshank, Fuller, Gholson, Gilmer, Ilartridgo, 
 Hatcher, Herbert, M'.IlirlDy, J. M. Leach, J. T. Leach, Lo- 
 gan, MeCalliirii •' .....y, Rogers, Sexton, J. II. Smith, Wm. 
 
 t February 23 — The same bill was indelinitely postponed 
 in tlie Sen.ate — yeas 11, nays 10, as follnws: 
 
 Yeas — Messrs. Baker, Barnwell, Caperton, Garland, Gra- 
 bam. Hunter, Johnson of Ga., Johnson of Mo., Maxwell 
 Orr, Wigf;.ll— 11. 
 
 Nats — Messrs. Brown, Burnett, ILiynes, Henry, Oldham, 
 Semmes, Simms, A'est, Walker, Watson — 10. 
 
 Subsequ.^ntly, the Legislature of Virginia instructed their 
 Senators to support it, which they oboyc^d. February 25 — 
 The Senate of Virginia passed this bill, which is pre- 
 sumed to have become a law: 
 
 1. Be it enacted l/;/ t.'ie General Assembly, That the Gover- 
 nor of this Commonwealth bo and he is hereby authorized 
 and empowered to call for volunteers from amouj; the 
 slaves and free negroes of the State to aid in defence of the 
 capital and such other points us are or may be threatened 
 by the public enemy. 
 
 2. That it shall be the duty of the Governor to cause all 
 slaves who may volunteer with the consent of their mas- 
 ters, and all free negroes who shall tender their services, to 
 1)0 org-.mized into infantry companies, of not less than sixty- 
 fom-, rank and file, under whito officers to bo appointed by 
 liimself, and shall place the same, as fast as so organized, at 
 tho disposal of tho General-in-Chief of the Confederate 
 armies; or he may order all such volunteers to report im- 
 mediately to tho General-in-Chief, to bo organized and offi- 
 cered by him, if thereby time can be saved, and the inter- 
 ests of the service promoted. 
 
 3. All laws and parts of laws now in force prohibiting 
 the carrying of arms tjy slaves or free negroes are hereby 
 suspended, during their terms of service, in favor of such 
 volunteers as may be called to tho field under this act. 
 
 4. Tho forces raised and organized under this act shall be 
 enlisted for one year from the date of being mustered into 
 the service of the Confederate States. 
 
 5. This act shall be in force from its piissage. 
 Tlie following is the vote : 
 
 Ates — Messrs. Alderson, Armstrong, Brannon, Branch, 
 Christian of Augusta, Coghill, Collier, Douglas, Frazier, 
 Oarnott, Graham, Hart, Hunter, Jones, Keen, Lewis, Logan, 
 Newton, Newman of Mason, Quesanberry, Stevenson, Spit- 
 ler, Tayloe, Taylor, Thomas, Wiley, Witton— 27. 
 
 Noes— Messrs. Dickiusou, Dulancy, Saunders— 3. 
 
 N. n. Smith, Turner, Wickham, 'Wilkss, Witherspoon, 
 Bocock, (Speaker) — 28. 
 
 BILL ON EXEMPTIONS AND DETAILS. 
 A Bill to diminish tho number of exemptions and details. 
 Tfie Congress of the Confederate States of JmcHca do 
 enact, Th;it so much of the 'Act to organize forces to serve 
 during the war,'' approved February 17, 1864, as exempts 
 one person as overseer or agriculturist on each farm or 
 plantation upon which there were, at specified times, fif- 
 teen able-bodied field hands, between the ages of sixteen 
 and fifty, upon certain conditions, is hereby repealed; Pro- 
 vided, that exemptions of persons over forty-five years of 
 age may be granted under the provisions of the act afore- 
 said ; and said persons shall be liable to military service 
 upon the expiration of the time for which they received 
 exemption by reason of liaving executed bonds for one 
 year from the date thereof.* 
 
 Sec. 2. No exemption or detail shall bo granted by the 
 President or Secretary of War by virtue of said act, except 
 of persons lawfully reporte;? by a board of surgeons as una- 
 ble to perform active service in the field ; persons over the 
 age of forty years, and of laborers, artisans, mechanics, and 
 persons of scientific skill employed by or working for the 
 Confederate or State Governments, and shown by proper 
 testimony to bo such laborers, artisans, mechanics, or per- 
 sons of scientific skill, and with the same exceptions all 
 exemptions and details heretofore granted by tho President 
 or Secretary of War, by virtue of said act, are hereby re- 
 voked. 
 
 &EC. 3. That all skilled artisans and mechanics who are 
 engaged in the employment of the government of the Con- 
 federate States, are hereby exempt from all military ser- 
 vice during the time they are so emidoyed; Provided, they 
 are persons whose services, labor, or skill may be more use- 
 fully employed for the public good at home than in the 
 field, to be determined by the Secretary of War, on the 
 sworn testimony of disinterested witnesses, under such 
 rules and regulations as he may prescribe; and the names 
 of all persons so exempted or detailed, together with the 
 reason for the detail, shall be submitted to Congress at the 
 beginning of each session. 
 
 DAVIS'S VETO. 
 To the Senate and House of Representatives 
 
 of the Confederate States of America : 
 
 I have now under consideration the act entitled "An act 
 to diminish the number of exemptions and details," which 
 has passed both Houses, and presented to me Saturday, the 
 11th instant. 
 
 Tho act contains two provisions, which would, in prac- 
 tice, so impair the efficiency of tlie service as to counter- 
 balance, if not outweigh the advantages that would result 
 from the other clauses coutaineil in it. 
 
 The third sectiou exempts all skilled artisans and me- 
 chanics in the employ of thetiovernmeut from all military 
 service. A very important and indeed indispensable por- 
 tion of our local defence troops consists of these nieclianics 
 and artisans. They amoinit to many tliousands in the Con- 
 federacy; and while they are and should remain exempt 
 from general service, no good cause is perceived why they 
 should not, like all good citizens capable of bearing arms, 
 be organized for local defence, and be ready to defend the 
 localities in which they are respectively employed against 
 sudden raids and incursions. If exempt from this local 
 service, it will bo necessary to detach, in many cases, troops 
 
 * February 23 — This message was received in tho House: 
 I herewitli transmit for your information a communica- 
 tion from the Secretary of War relative to the accessions 
 to the army from each State since April 16, 186J, to the 
 number of persons liable to conscription who have been 
 exempted or detailed, and to tho number of those between 
 the ages of seventeen and forty-five, and not unfitted for 
 active service in tho field, who are employed in the several 
 States in the manner indicated in your inquiry. 
 
 JEFFERSON DAVIS. 
 The message and accompanying documents were laid 
 upon tho table and ordered to be printed. The message 
 states that the 
 Number of conscripts assigned to the army from 
 
 camps of instruction Wiis 81,995 
 
 Deserters returned to tho army .21,056 
 
 Assignments under section eighth of the act of Feb- 
 ruary 17, 1864 7,733 
 
 Approximate estimates of men who have joined the 
 
 army without passing the camps of instruction. ..76,206 
 
 Total number of exempts G0,G86 
 
 Agricultural details 2,217 
 
 Detailed on account of public necessity 6,803 
 
 Details for bureaus and departments, not including 
 
 artisans and mechanics 4,612 
 
 Detail of contractors to furnish supplies 717 
 
 Detail of artisans and mechanics 6,960 
 
APPENDIX. 
 
 613 
 
 fiom the nrniies in fho field. It is beHered that if this pro- 
 vision becomes a law, the giin of strcn.-jtli resultln;^ tiora 
 tile repeal of other exemptions enactad by the first sections 
 uf the law would be more than counterbalanced by the loss 
 of this local force. 
 
 The Sfcon-l provision to which I refer is that which re 
 vokes all detaii.saml exoiiiptiDiis heretul'ore granted by the 
 President and Secrct.ary of ^Va^, and prohiliits flie grant of 
 Buch exemptions and details hereafter. There is little haz- 
 ard in saying tliat such a provision could not be executed 
 without so disorganizing the public service as to produce 
 very injurious results. In every department of the Gov- 
 ernment, in every branch of the service throughout the 
 country, there are duties to be performed which cannot be 
 discharged except by men instructed and trained in their 
 performance. Long experience makes them experts. Their 
 services become in their peculiar sphere of duty worth to 
 the country greatly more than any they could possibly 
 render in ihe field Some of them it would be impossible 
 to immediately repl ice. The Treasury expert who detects 
 a forged note at a glance, the accounting ofiieer whose 
 lung experience makes him a living repository of the rules 
 and the precedents which guard the treasury from frauds, 
 the superint ndents of the manufacturing establish- 
 ments of the Government which supply shoes, wagons, har- 
 ness, ambulances, &c., for the army; the employes who 
 have been especially trained in the distribution and subdi- 
 vision of mail matter among the various routes by which 
 it is to reach its destination, are among the daily instances 
 which are roc rded in the experience of executive officers. 
 To withdraw from the public service at ouce, and without 
 any means of replacing them, the very limited number of 
 experts — belicv( il to be less than one hundred — who are 
 affected by this bill, is to throw the whole machinery of 
 Government iiito confusion and disorder at a period v>hen 
 none who are not engaged in executive duties can have an 
 adequate idea of the difiiculties by which they are already 
 emVarrassed. 
 
 The desii'e of the Executive and Secretary of War to ob- 
 tain for the army the services of every man available for 
 the puLilic defence can hadly be doubted, and Congress may 
 be ass;ucd that nothing but imperative necessity could in- 
 duce the exercise of any discretion invested in them to re- 
 tain men out of the army. Hut no government can be ad- 
 ministered without vesting some discretion in the executive 
 officers in the application of general rules to classes of the 
 population. Individuiil exceptions exi>t to all snch rules; 
 thesj exceptions cannot be provided for by legislation in 
 advance. 1 earnestly hope that Congress will pass an 
 amendment to this act now under consideration in accord- 
 ance with the foregoing recommendation, so that I may be 
 able, liy signing both the act and amendment, to secure 
 unimpaired benetic to the proposed legislation. 
 
 JKFFEKSON DAVIS. 
 
 Executive Office, racniioND, March 13, 1S65. 
 
 I a'n not aware tliat ihis conflict of opinion 
 between the Congress and the Executive was 
 reconciled. 
 
 SEQUESTRATION. 
 
 1864, December 3 — Tiie House considered this 
 bill : 
 
 A Bill to be entitled an act to provide for sequestering of the 
 projierly of persons liable to military service, who have 
 dejiarted, or shall depwt, from the Confederate States 
 without permission. 
 
 Sec. 1. The Omr/ress nfthe Confederate Stales of America 
 do enact. That if any person shall voluntarily depart from 
 tlie Confederate States without the permission of the Presi- 
 dent or of the general officer commanding the Trans- 
 Mississippi department, or of an officer by one of them au- 
 thosizod to grant such permission, and if such person, at 
 the time of such departure, shall he liable to military ser- 
 vice, according to the laws of the Confederate States, he 
 shall, from the time of his departure, be treated for the 
 purposes of this act as an alien enemy, and his property 
 shall be liable to sequestration and sale in like maimer as 
 the property of other alien enemies. But all proceedings 
 for the sequestration and sale of his property shall cease, 
 and he shall cease to be treated as an alien enemy by rea- 
 son of such departure, if, during the present war, and be- 
 fore a decree of sequestration shall be pronounced against 
 his property, he shall return and enter upon the perform- 
 ance of military service according to law. But this act 
 shall not apply to persons who at the time of their de- 
 parture siall bona fide reside within the lines of the enemy, 
 or ill a part of the Confederacy in the military occupation 
 of the enemy. 
 
 Sec. 2. It any person to whom the preceding section 
 applies shall voluntarily, and without such permission, go 
 wi.liin the military lines of the enemy, and rMiu.in there 
 more than sixty days, Uo shall be presumed to have departed 
 
 from the Confederate States within the meaning of thia 
 act. 
 
 Sec. 3 If any person has heretofore voluntarily, and 
 without such permission, departed Irom the Confedorata 
 States, or gone within the military lines of the enemy for 
 the purpose of avoiding military service, being at the time 
 liable to military service according to law, or being now 
 liable to military service according to law, such person 
 shall be also treated as an alien enemy, and his property 
 shall be liable to S'quesir.ition and sale, according to all tha 
 prcccdingiirovisioiis. iiidess su'di person shall return and 
 enter upon military service according to law, within six 
 months alter the passage of this act. 
 
 Src. 4. All grants, conveyances, sales, gifts, and trans- 
 fers of property hereafter maile by any person who shall be 
 liable to military service at the time of making the same, 
 and whose property shall become liiblo to sequestration 
 under this act, and all liens and incumbrances hereafter 
 created on this property, when he is liable to military ser- 
 vice, shall be void as against the claim of sequestration. 
 
 Il was repeatedly cousidereJ and debated, be- 
 fore being pa'^se !. 
 
 18G5, Feiiruary 15 — The Senate passed the 
 Jjill — yeas 12, nays 7, as follows: 
 
 Ydas — Messrs. Baker, Brown, Burnett, Caperton, Dortch, 
 Garland, Henry, llill, Johnson of Missouri, fcinims, Vest, 
 \Vig,all-12. 
 
 N vrs — Messrs. Graham, Ilaynes, Slaxwell, Oldham, 
 Semmes, Walker, AVatson — 7. 
 
 HIE TAX LAW OF 1865. 
 [From ihe Rirlnnond .Sentinel, March 13.] 
 
 We pulilisii 111 Mi'Ulirr culuniii the text of the new tax 
 law. It \y\\ I'::- ;t.'I" t. '! 1 1 1 ■ leader to have a syuopsis 
 of its pv vi : I : I II I l;,i-.ier phrase. Wo are in- 
 
 debtid l'..i- 1 I ; , . II, liiiiiiau who had an active 
 
 part in till' 1 '- 1 . <'i i ip i.i ■ i lit- tax law of the present 
 session iuii"bes li.ir llio \ r, 1 , 1 i i.i -.--. ,i, follows: 
 
 1. Upon the value of all t , i ; r I aud personal, not 
 expreoily exeinpled or taj.i i . i ,i nut rate, eigat per 
 
 cent, 'ilie pn.iierly to be ii- I mi i le basis of the mar- 
 
 Uei \al.:ii.i ■;;■ ai' i a ^iiuilar property in the neighboi- 
 la i ■ i!ie yeir ISOO. The property and 
 
 a>-^' - ' I I I in a -o^.i;lti^„|g^ and joint-stock coni[iii- 
 
 III ■-. \\ la 1 I r ill -- 1:1 al or not, taxed in the same man- 
 ner aud to the same o-vteut as the property and asset.-i of 
 individuals, to tie paid by the corporations or joint-^tock 
 companies. Banks not to be taxed on deposits of money to 
 the credit of and subject to liie checks of others. Slocks 
 or shares in corporations, associations, or joint-stock com- 
 panies not to be la.xed as property, but the dividends to ba 
 
 taxed 
 
 •J. Uiiou the amount of all gold and sdver coin, and upon 
 the amouut ol all moneys held abroad, or bills of exchanire 
 drawn therefor, proniis.,ury notes lights, credits, aud secu- 
 rities, payable in ioreign countries, and upon the specie 
 valuo of all gold dust, or gold and silver bullion, twenty 
 per cent. 
 
 3. Upon the amouut of all moneys, except those abroad, 
 bank bills, treasury notes, and otiier paper issued as cur- 
 rency, on hand or on deposit on the day of the approval of 
 the act, live per cent. 
 
 4. Upon .ho amount of all solvent credits, except those 
 held a'road, live per cent. Bonds and stocks issued by tUo 
 Confederate States, or any State, and all loans to the Gov- 
 criinient of the Confederal o Stales, are exempted from 
 tiixaiion, except as to the iuteri'St i hereon, which is taxed 
 as income. This income tax does not apply to bonds or 
 stacks exempted by law from taxalion. 
 
 5. Upon profits made by buying or selling merchandise, 
 effects, or property of any descrip: ion, or money, gold or 
 silver, stocks, credits, or obligations of any kind, at any 
 time between January 1, ISGO, aud January 1, 1866, ten per 
 cent, in addition to the tax on such profits as income. Tho 
 pnifitb to be as ertained by tho difleronce between the price 
 paid in Confederate treasury notes, including all costs and 
 charges, and the price realized in the same currency. If 
 the objects of the sale were purchased at any time since 
 January 1, 1^63, this additional tax to attach on the proUta 
 realized on the sale therefor in 1S65. 
 
 6. Upon the amount of profits exceeding twenty-five per 
 cent., made during the year 1S65, by any bank or banking 
 compan.v, insurance or otlier joint-stock company, a tax of 
 twenty-five per cent. This tax to apply to individuals or 
 partnerships, as well as to corporations — individuals aud 
 partnerships that have not been assessed, or have not paid 
 for the year 1864, the tax of twenty-five per cent, imposed 
 on the excess of profits over tweuty-five per cent, for that 
 year, to pay the same in ISCo. 
 
 7. The property, income, and monej's of hospitals, asy- 
 lums, chiu-ches, schools, colleges, and charitable institii- 
 
 I tions are exempted from t&xation 80 long us it remains 
 
614 
 
 APPENDIX. 
 
 within such lines; but income derived therefrom is taxed 
 as income under existing laws. 
 
 8. The following lire exempted from taxation : Property 
 Of each head of a family to the value of five hundred dol- 
 lars: for each minor child one hundred dollars ; for each 
 son in the army or navy, or who has died in the service, live 
 hundred dollars. The propeity of every soldier, of a sol- 
 dier's widow, or orphan family or minors, to the value of 
 one thousand dollars. Said exemptions not to apply where 
 the property, exclusive of household furniture, exceeds one 
 thousand dollars in value. Household furniture, where 
 the value does not exceed three hundred dollars on the 
 basis of the value of 1800, wearing apparel, goods maim- 
 tactured by jvny persou for the use and consun)ption of his 
 family, including slaves, poultry, fruit, ami products raised 
 for the family of the producer, and not for sale; corn, bacon, 
 nnd other agricultiiral products which were produced in 
 lb64, and necessary for the t .xpayer'a family, including 
 his slaves during Ihe present year, and in his possession on 
 the day of his approval of the af;t, are exempted from taxa- 
 tion. 
 
 9. Taxes on property for the year 1865 are to be assessed 
 as on the day of the passage of this act, and to be duo 
 and collected on the 1st of June next, or as soon thereaf- 
 ter as practicable. Theaddilional taxes on profits for 1805 
 to 1)0 assessed and collected according to the provisions of 
 existing laws. All the taxes imposed by this act, as we! 1 »a 
 the taxes on incomes and profits, and the specific taxes, 
 and taxes on sales, of the existing biws, are to be paid in 
 Confederate treasury notes, or in certificates of indeljted- 
 ness; provided that at least one-half be jiiiid in the notes. 
 
 10. Any tax payer allowed, under regulations to be pi e- 
 scrilji'd by the Secretai-y of the Treasury, to pay his taxes 
 in advance. 
 
 11. The provision of the act of the I'fhof February, 
 1804, which allowed the assessed tax on property employed 
 in iigrioulturo to be credited by the taxinkind,isrepearc:d; 
 that uhero income from property was taxed the property 
 itself should be exemptid, is al.so repealed. 
 
 12. The Secretary of the Treasury, on the recommend- 
 ation of the boards of police, county courts, or other coun- 
 ty, district, or parish tribunals, is authorized to suspend 
 the collection of taxes in those districts where depreda- 
 tions have been committed by the enemy, in cases of in- 
 dividuals whose resources have been so seriously dam- 
 aged or destroyed as to render the payment of taxes 
 iisipo.ssible or oppressive. To all the taxes above speci- 
 fied an addition of one-eighth of the amomit is made, in 
 f'ch case to be paid in tre.a.sury notes and applied to 
 the payment of the increased compensation of the sol- 
 dier. 
 
 The taxes for 1S05 may, therefore, be summed up as fol- 
 lows ; 
 
 Oi) all iiroperty (except foreign credits, coin, &c.,) eight 
 per cert. on the valuation of ISOO. On coin and foreign 
 credits twenty per cent., and on bullion, plate, jewelry, <S:c, 
 ten per cent. 
 
 One-tenth of all the productions of the soil, as established 
 by the present law of tax in kind. On the income fiom 
 property not employed iu agricul ture, the rates prescrilied 
 by tlie existing laws. No abatement of the property tax 
 in the case of a.?riculturist3 because of the tithe tax, and 
 no uoatemeiit in the case of other property holders be- 
 cause of the income tax. Agriculturists to pay no income 
 tax. 
 
 The present taxes on incomes, salaries, &c., are con- 
 tinued. 
 
 Exemptions are specified above. 
 
 Five per cent, op adl solvent credits, bonds, and stocks. 
 Tlio bonds of States, and the bonds, stocks, and loans 
 to the Confederate States, to be taxed upon the interest as 
 income and not upon principal. Ten per cent, additional 
 to income tax on profits made by dealing in property, 
 money, bonds, .stocks, ic, in 1865 or in 186i, which are 
 not already paid. Twfnty-five per cent, on property ex- 
 ceeding twenty-five per cent, made in 1865 by banks, cor- 
 porations, individuals, or partnerships, &c., to be paid in 
 like manner. 
 
 This tax to be collected also for 1864 of those who may 
 not have paid the same. 
 
 An addition of one-eighth in every case, except that of 
 tax in kind, to be applied to paying thesoldiers. 
 
 The person who is liable for the taxes and responsible 
 for their payment is the one who holds or owns the prop- 
 erty on the day of the pa:-sage of the act. 
 BILL TO DKFINE AND PUNISH CON.SPIRACY AGAINST 
 THE CONFEDERATE STATES. 
 
 1864, December 15 — The Senate passed the 
 followinqr bi 1 : 
 
 A Bill to define and punish conspiracy against the Confed- 
 erate States. 
 Seciio.n 1. The Congress of the Confederate States of 
 
 America dn enact. That if two or more persons within any 
 State or Territory of the Confederate States shall, with in- 
 tent to injure the Confederate Statof, conspire to subvert, 
 overtTiru or destroy by force the Government of the Con- 
 federate States; or to op 'ose by force the execution of the 
 law.s of the Confederate States, or by force to hinder, delay 
 or prevent the execution of any law of the Confederate 
 States, or to seize, take, possess or destroy any property of 
 the Confederate States, against its consent, or to prevent, 
 delay or hinder, by ibrce or fraud, the transportation of 
 supplies of men t(., or belonging to the army of the Con- 
 federate States, or to destroy or injure any road, bout, en- 
 gine or wo?k employed in such transportation, or to hold 
 any secret communication or intercourse with an enemy of 
 the Confederate States, or to aid or abet the enemy in his 
 war tipon the Confederate States, or persons in rebellion 
 against the same, or to promote disobedience of lawful mil- 
 itary orders, mutiny or desertion, or unauthorized absence 
 iu the army of the Confederate States or among the sol- 
 diers in the military service, each and every person so of- 
 fending shall be guilty of a high crime, and, upon convic- 
 tion thereof, shall be punished by fine not exceeding five 
 thousand d<dlar8, and s-hall be imprisoned, with or without 
 labor, not exceeding five years: Prodded, That any person 
 charged with any ofl'cnce mentioned in this act, if such 
 person be in theniilitary or naval service of the Confeder- 
 ate States, may be tried by a military court or court mar- 
 tial, and if found guilty shall be punished by fine and im- 
 prisonment as hereinbefore provided, or such other punish- 
 ment, not capital, as the court shall adjudge; and if the 
 I>erson charged be not in the military or naval service as 
 aforesaid, such person shall be tried in the District Court of 
 the Confederate States for the proper district. 
 Yeas 10, nays 6, as follows: 
 
 Yeas — Messrs. Baker, Barnwell, Caperton, Dortch, Gar- 
 land, Ilenry, llill, Johnson of Mo., Semraes, Sparrow — 10. 
 
 Nats— Jlesfrs. Graham, Uunter, Johnson of Ga., Max- 
 well, Orr, Vat.-ou — 0. 
 
 When ]Mr. Hunter's name was caUed, he 
 stated thwt he believed Congress had the right 
 to pass the bill ; but, like the gentleman from 
 Flori' a, he did rot see ihat there wad any ne- 
 cessity fo it. He therefore voted against it. 
 
 The bill is as it came from the House, with 
 the exception of tbe proviso added, as recom- 
 mended by the Senate Judiciary Commit- 
 tee. The House is supposed to have concurred, 
 and the bill to have become a law. 
 
 PEACE AND INDEPENDENCE. 
 
 Addiiiouiil to what is stated on pages 45* 
 and 457, are the following facts : 
 
 RESOLUTION ON INDEPENDENCE. 
 
 IN SE.NATE. 
 
 1864, December 13 — On motion of Mr. Barn- 
 well, a joint resolution defining the position 
 of tje Confederate States, and declaring the 
 determination of the Congress and the people 
 thereof to prosecute the war till their inde- 
 penJence is acknowledged, was taken up and 
 adopted by an unanimous vote — yeas 16, nays 
 none. 
 
 IN HOUSE OF REPRESENTATIVES. 
 
 1865, January 13 — The resolution was re- 
 ported favorably from the Committee on Foreign 
 llelatious, with a verbal amendinent. Mr. 
 Henry said he preferred the original language 
 of the resolutions; if lie recollected aright, it 
 was the language of the Dec'aration of Inde- 
 pendence. Mr. Semmes said that was ihe objec- 
 tion to it. Mr. Henry said that was no objec- 
 tion; the Declaration of Independence was a 
 very good document. The amendment was 
 concurred in, and the resolutions passed. 
 
 RESOLUTIONS CONCERNING PEACE. 
 
 December 16 — Mr. Turner, (N. C.,) under a 
 suspension of the rules, introduced resolutions 
 
APPENDIX. 
 
 615 
 
 that the President, by and with the advice and 
 consent of the Senate, be and he is liereby re- 
 quested to appoint thirteen commissioners, one 
 from each of the States of the Confederate 
 States, to tender propositions foi' a conference, 
 in order to negotiate terms of peace, and fail- 
 ing in this, said commissioners shall use all 
 their influence to secure an exchange of pri- 
 soners and to mitigate the horrors of the exist- 
 ing war. 
 
 Mr. Baeksdale, (Miss.,) offered the follow- 
 ing resolution as a substitute for those pre- 
 sented by the gentleman from North Carolina: 
 
 ■\Vhereas, the people of tlie Coniedonite States having 
 been eonipelleii, by the acts of the noii-slaveholding States, 
 to dissolve their coiiuectiou with those States, and to form 
 a new compact in order to preserve their liberties; and 
 whereas, the efforts niade by the Government of the Con- 
 federate States, immediately upon its organization, to es- 
 tablish friendly relations between it and the Government 
 of tue United States having proved unavailing by reason 
 of the refusal of the Govei-ument of the United States to 
 hold intercom-se with the Commissioners appointed Uy this 
 Government for that purpose; and whereas, the Govern- 
 ment of the United States having since repeatedly refused 
 to listen to propositions fur an honorable peace, and having 
 declared tolor"i n p.nv.v^ in advance that it would reject 
 any otfer of ' • ; ' 'i - i li they might be prompted to 
 make in tlio ill ■ t ii ri inity lorterminating the war; 
 and thus, hi I h,. m m,. .1 1 lidr determination tocontinue 
 it, with a VKW lu liiu reduction of the people of these 
 States to a d( grading bondage, or to their extermination: 
 therefore, be it 
 
 Jietolvid, That while we reiterate our readiness to enter 
 upon negotiations for peace whenever the hearts of our 
 enemies are so inclined, we will pursue without faltering 
 the course we have deliberately chosen, and for the preser- 
 
 vation of our liberties will employ whatever means Provi- 
 dence has placed at our disposal. 
 
 it&so/iv (/. That the mode prescribed in the Constitution 
 cf the Confederate States for making treatiis of peace 
 afford ample means for the attainment of that end, w hen- 
 evcr Ihe Government of the United States abandon Iheir 
 wickeil purpose to subjugate them, and evince a willingness 
 to enter upcn negotiations for terminating the war. 
 
 Pending which, the morning hour having ex- 
 pired, the subject was postponed. 
 
 December 17 — Mr. McMullen, of Virginia, 
 offered this substitute : 
 
 ■Whereas, according to the Declaration of Independence 
 of the United States, and the Constitution of tlie Confeder- 
 ate States, the people of each of said States, in their high- 
 est sovereign capacity, have a right to alter, amend, or 
 abolish the governmeut under which they live, and estab- 
 lish such other as they may deem most expedient; and 
 whereas, the people of the several Confederate States have 
 thought proper to sever their political connection with the 
 people and government of the United States, for rea.sons 
 which it is not needful here to state : and whereas, the jieo- 
 ple of the Confederate States have o: ganized and established 
 a distinct government lor themselves; find whereas, be- 
 cause thepeople of the Confederate States have thus exer- 
 cised their undoubted right in this respect, the people and 
 government of tlie United States have thought proper to 
 make war upon them ; and whereas, there seems to lie a 
 diflerence of opinion on the part of the respective govern- 
 ments and people as to which of the contending parties is 
 responsible for the commencement of the present war; 
 therefore, 
 
 liesnlvetl, That while it is inexpedient, and would bo in- 
 compatible with tlie ditrnityof the Confederate States to 
 send commissioners to Washington city for the purpose of 
 securing a cissatii.n of hostilities, yet it would be, in tlio 
 judgment of this body, eminently proper that the House 
 of llipriscntatives of the Confederate States should des- 
 patch w ithout delay to some convenient point a body of 
 conimissiunc-rs, thirteen in number, composed of one repre- 
 sentative from each of the said States, to meet and confer 
 with such individuals as may be appointed by the govern- 
 meut of the United States in regard to all outstanding 
 questions of difference between the two governments, and 
 t'l agree, if |>ossible, upon terms of a lasting and honora- 
 ble peace, subject to the ratification of the respective gov- 
 ernments and of the sovereign States respectively repre- 
 sented therein. 
 
 1865, January 11— Mr. Miles, of South Car- 
 
 olina, introduced a series, of which these are 
 a part: 
 
 Resolved, That under the Constitution Congress alone 
 has the right to declare war, and the President, by .ind with 
 the advice and consent of the Senate, to make u treaty of 
 peace. 
 
 Resolved, That all attempts to make peace with the Uni- 
 ted States by the action or intervention of the Bep;uate 
 States composing the Confederacy are unauthorized by the 
 Constitution, in contravention of the supreme law of the 
 laud, and therefore revolutionary. 
 
 Resolved, Thatwe. the representatives of the Confederate 
 States, are firmly determined to continue the struggle in 
 which we are involved until the United States shall ac- 
 knowledge on'- independence; and to this determination, 
 with a sincere conviction of the justice of our canst, and 
 an humble reliance upon the Supreme Ruler of nations, 
 we do solemnly and faithfully pledge ourselves. 
 
 1865, January 23— Mr. J. T. Leach, of North 
 Carolina, offered these resolutions: 
 
 Whereas, the protracted struggle on the part of the 
 Conf>.-derate States for their constitutional rights against 
 the federal goverimient, who claims the exercise of liiilits 
 over States and the property of the citizens uotguarantiLd 
 by the Constitution of the United States nor the laws of 
 Congress is a just cause of alarm to the friends of civil 
 liberty; and 
 
 Whereas, the cruel manner in which the war has been con- 
 ducted on the part of the federal authorities, in thedeslruc- 
 tion of the private property of non-cumbatants and other 
 acts of wantonness n^t ti.lLrated by the usages of civilized 
 nations, justifies tlie i.ainrul appn iieusioii tLat the federal 
 authorities are blind to their constitutional obligations, 
 deaf to the demands of justice, the appeals of suffering 
 humanity, the groans of the dying, the cries of hapless 
 motliers and weeping orphans: 
 
 Ri;solreU, i/itre/'.re. Pur the purpnee of averting, if possi- 
 ble, further horrors of this bloody, irati j.iilal strilV, revolt- 
 ing alike to the feelings of statesiiK II, jiitii iH, and Chris- 
 tians, and to add moral to our pli\ -ii ,1 ^! i :, ^tli. that we, 
 membersofthellouseof !!■ ! I I'l i, -ii ' nfiderate 
 
 Congress, in behalf of jiiM . l-i. I imity, ap- 
 
 peal most earnestly to tlu> : , - i.rsofthe 
 
 Coulederate Congress to ajM mr^: !i ii;.,il r ,.r cnmrnis- 
 siouers as,in their judgiiient, theiiniiortaiu-ecf theoccasiou 
 demands, to i/ffcr an armistice to the federal authorities, 
 preparatory to negotiations for peace. 
 
 Resolved, That should the federal authorities agree to an 
 armistice, and consent to negotiate for peace, the Presi- 
 d -nt, t y and with the.advice and consent of the Senate, bo 
 reijuestcd to appoint commissioners for the purpose of con- 
 ferring with the federal authorities, and that such terms of 
 peace as may be agreed to by them and certified by the 
 President and Senate — two-thirds of the Senate concurring 
 — sliall Constitute a bond of peace between the belligerents. 
 
 Rasolved, That shoulii the federal authorities refuse to 
 entertain terms of peace, by negotiation, and thereby deny 
 us our constitutional rights, for the purpose of more 
 elTectually maintaining tliose rights, and at the same time 
 avert, if possible, the fearful and humiliating fate of sul)- 
 jugation, alike revolting to the feeling's of freemen and 
 repugnant to tlie demands of justice, that we, the repre- 
 sentatives of this House, do unanimously pledge the undi- 
 vided resources of the Confederate States in deieuce of our 
 inalienable rights as freemen. 
 
 Mr. McMullen, of Va., moved that the resolu- 
 tions h'i consideied in secret session, as the 
 same question was now before the House in 
 another form. 
 
 Mr. Atkin-s, of Tenn., moved that the re?ola- 
 tions be referred to the Committee on Foreign 
 Relations, which was ordered by an almost 
 unanimous vote. 
 
 IN SENATE. 
 
 Mr. Henry, of Tennessee, offered these reso- 
 lutions, which were tLiken up November 23, and 
 after debate referred to the Committee on For- 
 eign Relations : 
 
 Resolved hy the Contjirss of ihe Confederate States of 
 Amirica, That the people of the Coiilcderate States are 
 endowed by their Cicator with the iuaUenablo rights of 
 life, liberty, and the pursuit "f haijpiness; that to secure 
 these rights governinents were instituted among men, de- 
 riving their just powers from the c onsent of the governed; 
 and whenever any government t'Ccomes destructive of these 
 ends, it is the right of the people to alter or abuli:>h it, and 
 
616 
 
 APPENDIX. 
 
 to institute a, new goTornmont, laying its foundation on 
 Buch principles, and organizing its powers in such form, as 
 to them sliall seem most liltely to effect their safety and 
 happiness; that on these principles, embodied in the Decla- 
 ration of American Independence, the United Colonies, in 
 1776, dissolved the connection that bound them to the Gov- 
 ernment of Great Britain, and on them the Confederate 
 States have severed the bonds of that political union which 
 connected them with the people of the government of the 
 United States of America, rather than submit to the re- 
 peated injuries inflicted upon them l)y that people, and to 
 the usurpations of that government, all of which had the 
 direct object to deprive tlieni of their rights, rob them of 
 their property, secured to them by constitutional guar- 
 anty, and to establish an absolute tyranny over these 
 States. 
 
 Hesotred, That the Confederate States appealed to arms 
 in defence of these rights and to establish tliese principles 
 only after they had in vain conjured the people of the gov- 
 ernment of tlie United States, by all the ties of a common 
 kindred, to discountenance and discontinue these injuries 
 and usurpations, and after they had petitioned for redress, 
 in the most appropriate terms, and received in answer only 
 a repetition of insults and injuries, which foreshadowed 
 usurpations still more dangerous to liberty. 
 
 Ri'solved, That, after nearly four years of cruel, devas- 
 tati:ig, and unnatural war, in which the people of the Con- 
 federate States have unquestionably established their ca- 
 pacity for self-government, and their ability to resist the 
 attempts of the enemy to subjugate them, this Congress 
 does not hesitate to avow its sincere desire for peace, and 
 to that end proclaim to the world the readiness of the gov- 
 ernment of the Confederate States to open negotiations to 
 establish a permanent and honorable peace between the 
 Confederate States and the United States, upon the basis 
 of the separate independence of the former. 
 
 Unsolved, That the time has come when the Confederate 
 Congress, in the name of the people of the Confederate 
 States, deem it proper again to proclaim to the world their 
 unalterable determination to be free; and that they do not 
 abate one jot of their high resolve to die freemen rather 
 than live slaves; and, further, if tlio people of the United 
 States, by re-electing Abraham Lincoln, mean to tender to 
 them four years more of war or re-union with them on any 
 terms, deeply deprecating the dire necessity so wantonly 
 thrust upon them, and relying upon the justice of their 
 cause and the gallantry of their soldiers, they accept the 
 gauge of battle, and leave the result to the righteous arbi- 
 trament of Heaven. 
 
 Resdlved, That in viewof the determination of the en»-my 
 to prosecute this horrid war still furtiier, against which 
 the Confederate States have at all times protested, and 
 which the enemy have waged with extraordinary vigor, 
 and which has been marked by acts of extraordinary 
 atrocity, in violation of all the usages of civilized warfare, 
 the Congress of the Confederate States will from this Iiour 
 dedicate themselves anew to the great cause of self-defence 
 against the combined tyranny of the enemy; that it shall 
 no longer be the momentary occupation of the Congress and 
 thepeopleofthe Confederate States, but tlie business oftheir 
 lives, to gather together the entire s i reugth of the country in 
 men and material of war, and put it forth, as with the will 
 of one man, and with an uac mqiierable determination to 
 defend their altais and their firesides till the last votary of 
 freedom falls around them. 
 
 Mr. Henry did not desire to discuss the res- 
 olutions at tliis time He merely wished to 
 have them printed and placed upon the calen- 
 dar. At the proper time he trusted that Sena- 
 tors would express their sentiiuenls on this 
 question, and a spirit would go out to the 
 country that we are fully up to the mark, and 
 intend to achieve our independence or die in 
 the good fight. 
 
 January 30 — Mr. Oldham (Texas) ofiFered a 
 Sf ries of resolutions, passed by the Legislature 
 of Texas, declaring the determinati n of that 
 Stale to accept no terms of peace which did 
 not guarantee the indf'pendence of the Confed- 
 eracy. Mr. Oldham said that he offered these 
 resolutio-s, passed by the Legislature of his 
 State, with peculiar satisfaction and pleasure. 
 He referred briefly to the course pursued by 
 one ^tate since the commencement of this war. 
 Her sons did not wait for the enemy to invade 
 Ler borders ; but when the tocsin of war was 
 
 first sounded they rushed to the defence of 
 glorious Old Virginia, and they were always to 
 be found where the battle raged the fiercest. 
 He alluded to the peace propositions, and to 
 the call for a convention of States. He be- 
 lieved a convention of the States impracticable 
 at this time. A majority of the States would 
 not send delegates to such a convention. His 
 State had spoken out ; she wanted no peace 
 which did not bring independeuce with it. We 
 Texans, who had been for four years battling 
 for our liberties, would be satisfied with noth- 
 ing short of independence. He did not ques- 
 tion the patriotism of those who believed in 
 any other association than that prescribed by 
 the Constitution. We must keep our people 
 united ; that was the sure road to peace and in- 
 dependence. He did not deny that our people 
 were depressed, but it was caused by the dis- 
 pelling of the illusions of peace, by the tri- 
 umphant march of Sherman through Georgia, 
 and his capture of the city of Savannah. 
 
 Mr. Brown said that nothing had fallen so 
 gratefully upon his ears as the heroic resolu- 
 tions passed by the Legislature of the heroic 
 State of Texas. He did not believe that we 
 could get honesty and fair dealing from the 
 Yankees until we had thrashed it into them. 
 In his opinion we would have peace when we 
 conquered it at the point of the bayonet and 
 the month of the cannon. 
 
 Mr. WiGFALL was at the seat of government 
 of his State when these resolutions were intro- 
 duced, and he informed the Senate that they 
 expressed the sentiment of his people. The 
 resolutions were ordered to be printed. 
 
 JEFFERSON DAVIS ON STATE NEGOTIATION FOE 
 PEACE. 
 
 Richmond, Ya., NovemlerVi, 1864. 
 To the Hong. Senators of GeorQia — Me.^srs. A . R. Wright, 
 
 (Pre.tident Senate,) I'. L. Guciri/,J. M. Chambers, Thomas 
 
 E. Lloyd, Frederick K. West, Robert B. Kesbil : 
 
 Gentlemex: I answered by telegraph this morning your 
 letter of the 11th inst., as requested, and now respectfully 
 comply with your desire that I should express my views 
 on the subject to which you invite my attention. 
 
 In forwarding to me tlie resolutions introduced into the 
 House of Representatives of Georgia by }Ir. Stephens, of 
 Hancock, you state that you are not inclined to favor the 
 passage of tliese or any similar resolutions, believing them 
 to have a tendency to create divisions among ourselves, and 
 to nnite and strengthen our enemies, but tliat itis asserted 
 in Milledgeville that I favor such action on the part of the 
 States, and would be pleased to see Georgia cast her influ- 
 ence in that way. You are kind enough to say that if this 
 be true, and if the piissaga of these or similar resolutions 
 would in the slightest degree aid or assist me in bringing 
 the war to a successful and speedy close, you will give 
 them your earnest and hearty support. 
 
 I return yon my cordial thanks for this expression of con- 
 fidence, but assure you that there is no truth in the asser- 
 tions which you mention, and I presume that you will al- 
 ready have seen by the closing part of my annual message, 
 which must have reached you since tlie date of your letter, 
 that I Iiavo noc contemplated the use of any other agency 
 in treating for peace than that established by the Constitu- 
 tion of the Confederate States. 
 
 That agency seems to me to be well adapted to its pur- 
 pose, and free from the injurious consequences that would 
 follow any other means that have been suggested. 
 
 The objection to separate State action which you present 
 in your letter, appears to be so conclusive as to admit no 
 reply. The immediate and inevitable tendency of such 
 distinct action in each State is to create discordant instead 
 of united counsels, to suggest to our enemies the possibility 
 of a dissolution of the Confederacy, and to encourage them, 
 by the spectacle of our divisions, to more determined action 
 against us. 
 
 They would readily adopt the false idea that some of the 
 Status of the Confederacy are disposed to abandon their 
 
APPENDIX. 
 
 617 
 
 pi'ster States and make separate terms of peace for them- 
 Belvis, and if such a suspicion, however uiifuundod, were 
 once engendered among our own people, it would be de- 
 structive of that spirit of mutual contidence and support 
 wUich forms our chief reliance for success in the mainte- 
 nance of our cause. 
 
 ^Vhen the proposal of separate State action Wiis first 
 mooted, it appeared to me so impracticable, so void of any 
 promise of good, that I gave no heed to the proposal; but 
 upon its adoption by citizens, whose position and ability 
 give weight to tlxe expression of their opinions, I was led 
 to a serious consideration of the subject. My first impres- 
 sions have not been changed by reflection. 
 
 If all the States of the two hostile Federations are to 
 meet in Convention, it is plain that such a meeting can 
 only take place a/to* an agreement as to the time, place, 
 and terms on which they are to meet. Now, without dis- 
 cussing the minor although not trifling difficulties of agree- 
 ing as to time and place, it is certain that the States 
 would never consent to a Convention without a pre- 
 vious agreement as to the terms on which they were to 
 meet. 
 
 The proposed Convention must meet on the basis either 
 that no State should, against its own will, lie bound by the 
 decision of the Convention, or that it should be so bound. 
 But it is plain that an agreement on the basis that no State 
 should be bound, without its consent, by the result of the 
 deliberations, would be an abandonment on thepartof the 
 North of the pretendedrishtof coercion; would be an ab- 
 solute recognition of the independence of theseveral States 
 of the Confederacy; would be, in a word, so completeacon- 
 cession of the lightfuluess of our cause that the most vis- 
 ionary cannot hope for such an agreement in advance of 
 the meeting of a Convention. 
 
 The only other possible basis of meeting is that each State 
 should agree, beforehand, to be bound by the decision of 
 the Convention, and such agreement is but another form of 
 submission to Northern dominion, as we well know that in 
 such a Convention we should be outnumbered nearly two 
 to one. On the very threshold of the scheme proposed, 
 theref ire, we are met by an obstacle which cannot be re- 
 moved. Is not the impracticable character of the project 
 apparent ? 
 
 You will observe that I leave entirely out of view the 
 suggestion that a Convention of all the States of both Fed- 
 erations should be held by common consent without any 
 previous understanding as to the effect of its decisions — 
 should meet merely in debate and pass resolutions that are 
 to bind no one. It is not supposed that this can really be 
 the meaning attached to the proposal by those who are ac- 
 tive in its support, although the resolutions to which you 
 invite my atti-ntion declare that the function of such a 
 Convention would be simply to propose a plan of peace, 
 wi h the consent of the two belligerents; or, in other 
 words, to act as negotiators in treating for peace. 
 
 This part of the scheme is not intelligible to me. If the 
 Convention is only to be held with the consent of the two 
 belligerents, that consent cannot be obtained without nego- 
 tiation. The plan then would resolve itself into a scheme 
 that the two Governments should negotiate an agreement 
 for the appointment of negotiators to make proposals for a 
 treaty. It seems much more prompt and simple to nego- 
 tiate for peace at once than to negotiate for the appoint- 
 ment of negotiators, who are to meet without power to do 
 anytliing but make proposals. 
 
 if the Government of the United States is willing to 
 make peace, it will treat for peace directly. If unwilling, 
 it will refuse to consent to the Convention of States. The 
 author of these resolutions and those who concur in his 
 tiews appear to me to commit the radical error of suppos- 
 ing that the obstacle to obtaining the peace which we all 
 desire consists in the difficulty of finding proper agencies 
 for negotiating, so that the whole scope of the resolutions 
 ends in nothing but suggesting that, if the enemy will 
 treat, the best agency would bo State Delegates to a Con- 
 vention, whereas the whole and only obstacle is that the 
 oneiiiy will not treat at all, or entertain any otlier propo- 
 sition than thatwo should submit to their yoke, acknowl- 
 edge that we are criminals, and appeal to their mercy for 
 pardon. 
 
 After this statement of objections, it may appear su- 
 perfluous to add others of less gravity; but as you invito 
 a full expression of my views, I will add that history 
 is replete with instances of the interminable ditficultie's 
 and delays which attend the attempt to negotiate on great 
 and c<mflicting interests, when the parties to the negotia- 
 tion are numerous. If this has been the case where the 
 parties possessed full powers to conclude a treaty, what 
 can we hope from an assembly of negotiators from thirty 
 or forty States, who, in the midst of an exasperating war- 
 fare, arc to meet without power to conclude anytliing? 
 
 In the history of our own country we find iliat in the 
 time of profound peace, when the moat cordial brotherhood 
 
 of sentiment existed, and when a long and bloody war had 
 been brought to a triumphant close, it required two years 
 to assemble a Convention and bring its deliberations to an 
 end, and another year to procure the ratification of their 
 labors. With such a war as the present in progress, the 
 views of the largo assemblage of negotiators proposed 
 would undergo constant change, according to the vicissitude 
 of the struggle, and tho attempt to secure concordant 
 views would soon be abandoned, and leave the parties more 
 embittered tlian ever — less hopeful of the possibility of 
 successful negotiation. 
 
 Again, how is the difficulty resulting from the conflicting 
 pretensions of the two belligerents in regard to several of tho 
 States to be overcome ? Is itsupposed that A^irginia would 
 enter into a convention with a delegation from what our 
 enemies choose to term the " State" of " West Virginia," 
 and thus recognize an insolent and violent dismemberment 
 of her territory? Or would the United States consent 
 that " West Virginia" should be deprived of her pretensions 
 to equal rights, after having formally admitted her as a 
 State, and allowed her to vote at a Presidential election? 
 Who would send a delegation from Louisiana, Tennessee, 
 Kentucky, Missouri? 
 
 The enemy claim to hold the governments of these States, 
 while we assert them to be members of the Confederacy. 
 Would delegates be received from both sides? If so, there 
 would soon be adisruption of the Convention. If delegates 
 are received from neither side, then a number of the 
 States most vitally interested in the result would remain 
 unrepresented, and what value could be attached to the 
 mere representations of a body of negotiators under such 
 circumstances ? 
 
 Various other considerations suggest themselves, hut 
 enough has been said to justify my conclusion that the 
 proposal of separate State action is unwise, impracticable 
 and offers no prospect of good to couuterbalaneo its mani- 
 fold injurious consequences to tho cause of our country. 
 Very respectfully, yours, kc, 
 
 JEFFERSON DAVIS. 
 CONVENTION OF THE ST.\TKS. 
 
 In December, 18G4, Mr. Foote of Tennessee, 
 introduced two resolutions looking towards a 
 conference of States. The first declares it un- 
 patriotic for any of the rebel States to with- 
 draw from the Confederacy, but allowable for 
 them to confer in their sovereign capacity ou 
 the prosecut on of the war and the attainment 
 of peace. The second is as follows : 
 
 Resolved, That the present condition of the country is 
 such as to render it eminently desirable that, for the pur- 
 poses specified, a convention of these States, in their highest 
 sovereign capacity, should be convoked without delay, 
 and that if- such convocation should be judged for the 
 present impracticable, it would be desirable that each of 
 said States should, -'with a.s little delay as possible," ap- 
 point a limited number of commissioners with power to 
 confer freely and fraternally with each other touching the 
 present condition of the country, and of offering such ad- 
 visory suggestions to said CoufederateGovernmeut as might 
 be calculated to prove advantiigeous in tho further prosecu- 
 tion of th% existing war, or conducive to the establishment 
 of an early and honorable peace. 
 
 These resolutions were laid on the table by a 
 vote of 63 to 13. Those who voted in the neg- 
 ative were : 
 
 Messrs. Bell of Georgia, Boyce of South Carolina, Colyar 
 of Tennessee, Cruickshank of Alabama, Foote of Tennes- 
 see, Fuller of North Carolina, Gilmer of North Carolina, 
 Lumpkin of Georgia, J. 51. Leach of North Carolina, Logan 
 of North Carolina, SIcMuUen of Virgiuia, Ramsay of North 
 Carolina, Smith of North Carolina. 
 
 THE MEXICAN QUESTION. 
 
 1864, November 7 — Mr. Murray, of Tennes- 
 see, introduced the following joint resolution : 
 
 Tlie Congress of the Confederate States do resolve. That we 
 have no sympathy with the efforts to establish a monarchy 
 in Mexic<5, and that we will not, directly or indirectly, aid 
 in the establishment of a monarchy on tho Continent of 
 America. 
 
 Referred to the Committee on Foreign Affairs. 
 
 1865, January 30 — Mr. DeJarnf.tte, of Vir- 
 ginia, offered the following preamble and joint 
 resolution, and the House suspended the five 
 
b^l8 
 
 APPENDIX. 
 
 minute rule to allow him to speak to the merits 
 of the resolution : 
 
 Wberoas all nations have seen with alarm the establish- 
 ment of any formidablo power in their vicinity; and 
 
 Whereas the people of the Confederate States, as well as 
 the people of the United States, have ever chei ished the 
 resolve that any further acquisition of territory in North 
 America by any foreign power would be inconsistent with 
 their prosperity and development; and 
 
 Whereas the" invasion of Mexico by France has resulted, 
 as is alleged, in the establishment of a government founded 
 on the consent of the governed ; nevertheless, wo have 
 reasons to believe that ulterior designs are entertained 
 against California and the Pacific States, which wo do not 
 regard as parties to the war now waged against us,as they 
 have furnished neither men nor money for its prosecution : 
 therefore 
 
 The Congress of the Confederate States of America do 
 resolve, That the time may not be distant when wo will be 
 prepared to unite, on the basis of the independence of the 
 Confederate States, with those most interested in the 
 vindication of the principles of the Monroe doctrine, for 
 their mediation to the exclusion of all seeming violations 
 of those principles on the continent of North America. 
 
 Mr. DeJarnette said that if England and 
 France saw that we intended to pursue the 
 policy indicated in the resolution, they would 
 give us all we wanted and more than we hoped 
 for. 
 
 On motion of Mr. Atkins, (Tenn.,) the pre- 
 amble and resolution were referred to the Com- 
 mittee on Foreign Affairs. 
 
 DAVIS'S LAST MESSAGE. 
 
 Both Houses of the Rebel Congress had 
 agreed to adjourn sine die, March 9th ; but Mr. 
 Davis requested them to remain in session a 
 few days longer. On the 13lh, he sent them a 
 message on the state of the Confederacy, in 
 which allusion is made to the perils surround- 
 ing it, and these recommendations are made : 
 
 That means be devised for securing to the 
 officers of the supply departments two millions 
 of dollars in coin, to supply the Virginia and 
 Norlh Carolina armies for one year. That the 
 impressment law be modified so as not to allow 
 public officers to impress supplies without mak- 
 ing payment of the valuation at the time of im- 
 pressment. That more efficient revenue meas- 
 ures be passed ; that more rigorous military 
 bills be passed, and that a general militia law be 
 enacted. Respecting the suspension of the 
 privilege of the writ of habeas corpus, he used 
 this language : % 
 
 I have heretofore, in a confidential message to the two 
 Houses, stated the facts whi*h induced me to consider it 
 necessary that the privilege of the writ of habeas corpus 
 should bo suspended. The conviction of the necessity of 
 tills measure has become deeper, as the events of the 
 struggle have been developed. Congress has not concurred 
 with me in opinion. It is my duty to say that the time has 
 arrived when the suspension of the writ is not simply ad- 
 visabla and expedient, but almost indispensable to the suc- 
 cessful conduct of the war. On Congress must rest the 
 responsibility of declining to exercise a jiowor conferred by 
 the Constitution as a means of public safety to be used in 
 periods of national peril resulting from foreign invasion. 
 If our present circumstances are not such as were contem- 
 plated when this power was conferi ed, I confess myself at 
 a loss to imagine any contingency in which this clause of 
 the Constitution will not remain a dead letter. 
 ON PEACE. 
 
 Congressxwill remember that in the conference above re- 
 ferred to our commissioners were iufor'neil that the Gov- 
 ernment of the United States would not enter into any 
 agreement or treaty whatever with the Confederate States, 
 nor with any single State; and tliat the only possible mode 
 of obtaining peace was by laying dowii o.ir arms, disband- 
 ing our forces, and yielding uiRoiiditional obedience totlio 
 laws of the United States, including tliose passed far llie 
 coutiscatiou of our property, and the cuustitutiunal ameud- 
 
 ment for the abolition of slavery. It will further be re- 
 membered that Mr. Lincoln declares that Hie only terms on 
 which hostilities would ceaae, were tliose stated in his 
 message of December last, in which we were informed that 
 in the event of our penitent submission, he would temper 
 justice with mercy; and that the question whether we 
 would be governed as dependent territories, or permitted 
 to have a representation in their Congress, was one on which 
 he could promise nothing, but which would be decided by 
 their Congress, after our submission had been accepted. 
 
 It has not, however, been hitherto stated to you that in 
 the course of the conference at Fortress Monroe, a sugges- 
 tion was made by one of our commissioners that the objec- 
 tions entertained by Mr. Lincoln to treating with the gov- 
 ernment of the Confederacy or with any separate State 
 might be avoided by substituting for the usual mode of 
 negotiating through commissioners or other diplomatic 
 agents, the method sometimes employed of a military con- 
 vention to be entered into by the Commanding Oenerals of 
 the armies of the two belligerents. This, he admitted, was 
 a power possessed by him, though it was not thought com- 
 mensurate witli all the questious involved. As he did not 
 accept the suggestion when made, he was afterwards re- 
 quested to reconsider hiii conclusion upon the subject of a 
 suspension of hostilities, which he agreed to do, but said 
 that ho had maturely considered of the plan, and had deter- 
 mined that it could not be done. 
 
 Subsequently, however, an interview with Gen. Long- 
 street was asked for by Gen. Ord, commanding the enemy's 
 army of the James, during which Gen. Lou^treet was in- 
 formed by him that there was a possibility oi*arriving at a 
 satisfactory adjustment of the present unhappy difliculties, 
 by moans of a military convention, and tli^it if Gen. Leu de- 
 sired an interview on the subject, it would not be declined, 
 provided Gen. Lee had authority to act. This communica- 
 tion was supposed to be the consequence of the suggestion 
 above referred to, and Gen. Lee, according to instructions, 
 wrote to Gen. Grant on the 2d of this month, projjosing to 
 meet him for conference on the subject, and stating tliat he 
 was vested with the requisite authority. Gen. Grant's 
 reply stated that ho had no authority to accede to the pro- 
 posed conference ; that his powers extended only to mak- 
 ing a convention on subjects purely cf a military char- 
 acter, and that Gen. Ord could only have meant that an 
 interview would not be refusedon any subject of which he, 
 Gen Grant, had the right to act. 
 
 It thus appears that neither with the Confederate au- 
 thorities, nor tlie authorities of any State, nor through 
 the Comniandiug Generals, will the Government of the 
 United States treat or make any terms or agreement what- 
 ever for the cessation of hostilities. There lemaius, then, 
 fur us no choice but to continue this contest to a tinal issue; 
 furtiio people of the Confederacy can be but little known 
 to him who supposes it possible they would ever consent to 
 purchase, at tlie cost of degradation and slavei-y, permission 
 to live in a country garrisoned by their own negroes, and 
 governed by oUicers sent by the conqueror to rule over 
 them. 
 
 WRIT OF HABEAS CORPUS. 
 
 1865, January 20— Mr. J. M. Leach, of N. C, 
 offered ihe following: 
 Resolved, That the privilege of the writ of haheas i 
 
 is one of the great bulwarks of freedom, and that it 
 ought not to be suspended except in extreme cases where 
 the public .safety imperatively di-mands it ; that the people 
 of tliis Coiifuderacy are united in a great struggle for lib- 
 erty, and that no e.\igency exists justifying its suspen- 
 
 The resolution was lost by the following 
 vote : 
 
 Yeas — Messrs Anderson, Bell, Boyce, Branch, Clopton, 
 Colj'ar, Cruickshank, Danlen, Foster, Fuller, Garland, Gil- 
 mer, Lumpkin, J. Jl. Leach, J. T. Leach, Lester, Logan, 
 Marshall, Miles, -Murray, Orr, Kamsay, J. M. Smith, W. E. 
 Smith, Turner, Wickham— 26. 
 
 Navs — Messrs. Aiken, Baldwin, Barksdale, Batson, Blan- 
 ford, Baylor, Bradley, II. W. Bruce, Chrisman, Clark, 
 Cluskey, Conrow, De.Iarnette, Bupre, Ewiiig, Farrow, 
 Gaither, Gholson, Goodo, Gray, Ilauley, Hatcher, llerbert, 
 lUrton, Holder, .Johnson, Kecble, Lyon, Machen, Moore, 
 Norton, i'erkius, Kead, llussell, Sexton, Shewmake, Sim;)- 
 son, Snead, Staples, Triplett, Villere, Wilkes, Mr. Speaker 
 
 On motion of Mr. Russell, of Va., it was re- 
 ferred to the Committee on the Judiciary. 
 
 18G-1, December 24 — The same resolution was 
 negatived — yeas 31, nays 41, as follows: 
 Yeas — Messrs. Anderson, Atkins, Ayer, Baldwin, Boyw, 
 
APPENDIX. 
 
 619 
 
 Branch, Clopton.Colyar.Cruickshaiik, Dardon, Echols, Far- 
 row, Foster, Gaithor, Garland, Hanley, Uerbert, Hulden, 
 Luiiiiikin, Lester, Marshall, Menees, Miles, Simpson, J. M. 
 Smith. W. E. Smith, Smith, (Ala.,) Smith, (N. C.,) Wick- 
 h;im, ^Vitllerspoon — 31. 
 
 Nays— Messrs Aiken. Barksdalo, Batson, Blanford,E. M. 
 Bruce, II. W. Bruce, Chilton, Chrisman, Clark, Cluskey, 
 Courad, Conrow, Dickenson, Dupro. Elliott, Ewiug, Fun- 
 Bten, Gholson, Goode, Hartridge, Hatcher, Ilolliday, John- 
 son, Keeble, Kenner, Lyon, Machen, Norton, Perkins, Pugh, 
 Sexton, Shewmake, Snead, Swan, Triplett, Vest, Villere, 
 Welsh, Wilkes, Mr. Speaker— il. 
 
 1865, March 15 — The House passed a bill — 
 yeas 36, uays 32 — suspending the privilege, but 
 the Senate — yeas G, uays 9 — at first refused to 
 concur, but subsequently passed it, as follows: 
 
 Whereas the Confederate States are invaded, and the 
 public safety requires a suspension of the privilege of the 
 writ of habeas corpus. 
 
 The Congress of the Confederate Slates of America do en- 
 act, That the privilege of the writ of habeiis corpus is here- 
 by suspended until otherwise provided by law, in all cases 
 of arrest or detention by order of the President, the Sec- 
 retary of War, or the general officer commanding the 
 Trans-Mississippi Military Department. 
 
 Sec. 2. Until otherwise provided by law, the said privi- 
 lege shall be suspenjjod for sixty days from the time of ar- 
 rest, in every case of arrest or detention by order of a 
 general officer commanding an array, or a military depart- 
 ment or district. 
 
 Sec. 3. Every such order shay be in writing, signed by 
 the officer making the same, and shall name or describe the 
 person to be arrested or detained. 
 
 Sec. 4. No military officer, detaining a person by virtue 
 of any such order, shall be compelled, in answer to any 
 writ of habeas corpus, to appear in person, or to return the 
 body of the person so detained; but upon his certificate, 
 under oath, that such person is detained by him under such 
 an order, accompanied with a copy of the order, further 
 proceedings under the writ shall cease and remain sus- 
 pended according to the provisions of the preceding sections. 
 FINANCIAL. 
 
 1865, March 17 — A law was enacted "to 
 raise coin for the purpose of furnishing neces- 
 sary supplies to the army," which imposes a 
 tax of twenty-five per cent, on coin in the 
 hands of individuals or banks in excess of $200, 
 and authorizing in lieu thereof a loan from the 
 banks, to the extent of $2,000,000, if made by 
 the 17th of April. A supplementary act com- 
 muted this tax where the owners of coin would 
 exchange it for cotton at the late of fifteen 
 cents per pound. Before March 28, the Wtate 
 of Virginia advanced $300,000 in coin for the 
 use of the Commissary Department, for which 
 an order was signed by the rebel Secretary of 
 the Treasury for 2,000,000 pounds of cotton, 
 •' with the right to export the same free of all 
 conditions except the payment of the (export) 
 duty of seventy-five cents per pound." About 
 that time, William W. Crump, Assistant Secre- 
 tary of the Treasury, was sent to the banks of 
 North and South Carolina and Georgia, to 
 negotiate for their share of the loan. These 
 facts are obtained from oflicial documents found 
 in Richmond, and published recently in the New 
 York and other papers. 
 
 GENERAL MILITIA LAW. 
 
 The general militia law recommended above 
 is said to liave been passed. 
 
 CHANGE IN Mil. DAVIS'S CABINET. 
 
 Secretary of War — John C. Breckinridge ap- 
 pointed, January 6, 1865, in place of James A. 
 Seddon, resigned. 
 
 ral 
 their 
 
 Peace Movements in the States. 
 
 NOKTII CAllOLINA. 
 
 Several resolutions on the subject of peace 
 were offered. 
 
 In November, 1864, Mr. Pool proposed these 
 in the Senate : 
 
 Resolved, That five commissioners he appointed by this 
 General Assenibl.v, to act with Commissioners from the 
 other States of tlie Confederacy as a medium for negotia- 
 ting a peace with the United States 
 
 Resolved, That each of the other States of the Con- 
 federacy bo requested to create a similar commission, 
 with as little delay as practicable, and to co-operate with 
 North Carolina in requesting of President I avis, in tho 
 name of these sovereign States, that he tender tho United 
 Slates a condition for negotiating a peace through the me- 
 dium of these commissioners. 
 
 Resolved, That the Governor make known to each of tho 
 other gtates of tho Confederacy this action of the '" 
 Assembly of North Carolina, and endeavor to secu 
 co-operation. 
 
 Resolved, That whenever any five States shall have re- 
 sponded by the appointment of commissioners, the Governor 
 shall communicate the proceeding officially to Pre.'iident 
 Davis, and request his prompt action upon the proposition. 
 
 In December, resolutions were introduced 
 recommending the appointment of a delegatioa 
 from that body to represent all parts of the 
 State, to proceed to Washington to secure terms 
 of ] eace. Laid over. 
 
 Tlie following is the report of a majority of . 
 the Committee of the North Carolina Legisla- 
 ture, to whom were referred a series of resolu- 
 tions entitled " resolutions to initiate negotia- 
 tions for an honorable peace :" 
 
 The majority of the "joint select committee of tho two 
 Houses," to which were referred Senate resolutions No. 4, 
 entitled "resolutions to initiate negotiations f r an honor- 
 able peace," report the same back to the Senate without 
 amendment, and re'iommend that they pass. 
 
 The majority of tho committee believe that while every 
 effort is being made to increase and strengthen the army 
 by the Most severe drain upon the people, for men and 
 means, these extreme requiremfmts should be accompanied 
 by some manilcstations of an effort and desire to secure an 
 honorable peace by all other lesitimiito iin'a'^nres. 
 
 Cuniniissiniiers heretoibre leii.h rrd liavr li.,!, refused by 
 the United States upon the prcjixt tii >l tli-ir reception 
 would imply a recognition of the I'unlnl.'nUe Government, 
 as preliminary, and that in ca-io of a failure to agree lapoa 
 a treaty such recognition would nevertheless stand. These 
 resolutions seek to remove this objection by appointing 
 connuissioners on the part of tho States, whose civil exist- 
 eneoand authority have never becndenied; but, at the same 
 time, to make their tender and all powers dependent on tho 
 action and adoption of the President. It is not proposed 
 that these commissioners derive any powers from tho States, 
 but only that they bo tendered by the President for a peace 
 conference, he giving to them such powers and instructions 
 as he may deem necessary and proper. 
 
 JOHN POOL. Cliairman, 
 
 A.C. COWLE. 
 
 D. F. CALDWELL. 
 
 1865, January 11— In the House of Com- 
 mons, Mr. SUAKPE introduced the iollowing re- 
 solutions : 
 
 Resolved, That State sovereignty is the principle on which 
 North Carolina and the other States withdrew from the 
 United States Government; and, therefore, the States com- 
 prising tho Southern Confederacy are sovereigns, and that 
 tho Confederate Government is only the agent of the States, 
 and subject to their control. 
 
 Resolved, further. That tho States in their sovereign ca- 
 pacity have the right to take up tho question of peace or 
 wai, and settle it without consultation with the President 
 of the Southern Confederacy or of the so-called United 
 States. 
 
 On motion of Mr. Cuawford, of Rowan, these 
 resolutions were laid on the table — ayes 52, 
 nays 50. 
 
 January 19— In the Hou-^e of Commons, Mr. 
 Hanes submitted a preamble and resolution on 
 the subject of a general convention of the Con- 
 federate States, the former attributing oppres- 
 sive and unconstitutional laws, which have been 
 passed from time to time to irresponsible rep- 
 resentatives from" States which have no constit- 
 
620 
 
 APPENDIX. 
 
 nents upon whom the laws passed by them can 
 operate; the latter reading as follows : 
 
 Resolved, Tluit the joint select Coinmitteo on Confederate 
 Relations be iuotiucteil to frame ami bring in a bill forth- 
 ■witb, calling a convention of the people of this State, or 
 submitting the question to them, so as to enable them to 
 assemble in convention should a majority of them desire to 
 do 80, for the purpose of so amending the Constitution as 
 to provide tliat hereafter the representatives of any State 
 or States whose ti rritory is in the hands of the enemy, so 
 that the Confederate laws cannot be enforced therein, shall 
 not, during the continuance of such occupation by the en- 
 emy, be permitted to vote upon any question of legislation, 
 but shall have only such rights as are allowed to delegates 
 in the territories of the Confederate States, and of consid- 
 ering such other amendments as said three States shall con- 
 cur on suggestion. 
 
 Resolved, further. That State sovereignty being the prin- 
 ciple ou which North Carolina and other States withdrew 
 from tlie Federal Union, the States comprising the Southern 
 Confederacy are sovereigns, and the Confederate Govern- 
 ment is only their agent and subject to their control, and 
 the States in their sovereign capacity in general conven- 
 tion assembled have a right to negotiate peace with the 
 Government of the United States without consultation 
 with the President of the Confederate States. 
 
 Mr. Hanes followed in a long argument in 
 support of his resolutions, at the close of which, 
 on motion of Mr. Person, they were laid upon 
 the table — yeas 58, nays 3Q. 
 
 Mr. Smith, of Johnston, introduced a bill to 
 call a convention of the people, which passed 
 its first reading and was referred to the Judi- 
 ciary Committee. It doclares that the present 
 condition of the country demands that the sov- 
 ereign people of this State sho ild assemble in 
 convention to effect, if possible, an honorable 
 termination of the present war, and provides 
 that an election shall be held on the 13th of 
 February, 1865, the vote to be " convention," 
 or "no convention;" that if the majority of the 
 votes cast be for the convention, such conven- 
 tion shall be held in the city of Raleigh on the 
 second Monday of March, and consist of one 
 hundred and twenty delegates. 
 
 [From the Richmond Examiner, Jan. 13.] 
 
 1865, January 12 — In tlie House of Delegates, Mr. Miller 
 Introduced along series of peace resolutions for the ap- 
 pointment of five commissioners, and to declare for an 
 armistice, a national convention, and an honorable peace 
 through State action. The following debate took place : 
 
 Mr. ToMLiN moved to indefinitely postpone. 
 
 Mr. Miller. I would ask the yeas and nays on that mo- 
 tion. I hope the House will come to the record on this 
 question. I do not commit the House in this proposition 
 to the policy of reconstruction, to which I am opposed, as 
 is to be seen by the resolutions. The question is an im- 
 portant one, and its discussion now was not contemplated. 
 I think it would be more appropriate to consider it in 
 secret session. 
 
 Mr. Pendleton. I hope the gentleman from King TVilliam 
 [Mr. Tomlin] will modify his motion to the simple proposi- 
 tion to lay the preamble and resolution on the table. There 
 are some things in the resolutions I am not prepared to 
 vote against ; such, for instance, as that which proposes to 
 mitigate the horrors of war. But, at the same time, I 
 denounce the cardinal objects of the resolutions as foreign 
 to the honor, welfare, and dignity of Virginia, putting, as 
 it does, the State in a revolutionary position, severing her 
 connection from that of the Confederate States. The pro- 
 position is, in fact, that she secedes. 
 
 Mr. Miller. The gentleman is mistaken as to any such 
 proposition being in them. 
 
 Mr. Pendleton. I would be glad, then, if the gentleman 
 will state their meaning. To my mind they are firebrands, 
 thrown into our midst at one of the closest and most crit- 
 ical periods of the war, and I denounce them as unworthy 
 of Virginia; yet I prefer that they be laid upon the table, 
 in order to see what in them is good and what evil, and to 
 see if the good may not be put to some account, and the 
 bad, which forms the spirit of them, and for which I de- 
 nounce them, eliniiniitcd. 
 
 Ml'. Miller. Upon conference with gentlemen not en- 
 
 tirely opposed to the resolutions, I will consent to withdraw 
 them. 
 
 [Numerous objections to permit their withdrawal were 
 made, and the expression " dispose of them at once and 
 forever" was repeated in various parts of the House.] 
 
 Mr. Anderson. 1 f this was tho first movement of the 
 kind which that gentleman [Mr. ililler] luis made in this 
 House, I would consent to let him withdraw his resolu- 
 tions. But a year ago he threw a similar firebrand into 
 this House; and when the motion was made to dispose of 
 it, as is proposed to dispose of this, even the gentleman 
 himself [Mr. Miller] did not have the hardihood to vote 
 ■Bgainst its indefinite postponement. His name cannot be 
 found, sir, on record against tho postponement of his own 
 proposition. What is his object now, after his first effort 
 met with such a signal repulse that he himself shrank from 
 resistance? These resolutions are similar and responsive 
 to propositions which have been made in other States by the 
 party which, under the cloak of peace, are attempting to de- 
 stroy the Confederacy. Every man who, under the cloak of 
 peace, comes forward with propositions of that kind, must 
 be viewed as prepared to submit. Yes, sir, submit. I'or there 
 can be no other terms. The Secretary of State of the United 
 States has said that the South can only have peace by laying 
 down its arms ; and a-s to this favorite proposition of State 
 conventions, he, the United States Secretary, has said, we 
 cannot open communications with you, because we would 
 sacrifice our position in regard to your doctrine of the su- 
 periority of State sovereignty over th» Constitution of the 
 United States. It is important to act promptly in this mat- 
 ter, and to give no countenance to this mischievous, and, I 
 believe, treasonable party. 
 
 The yeas and nays being called, the motion to indefinitely 
 postpone was adopted. Yeas, 101 ; nays, 2— Messrs. Miller 
 of Lee, and Smith of Russell. 
 
 January 20 — In the House of Delegates Mr. 
 DoDGLAS offered the following joint resolu- 
 tions : 
 
 Resolved hy the Senate and House of Delegates of Vir- 
 ginia in General Assembly convened. That the State of Vii^ 
 ginia, having entered into the present contest with the 
 United States, and made common cause with the confeder- 
 ates to uphold and defend their riglits and liberties from 
 a common danger, is ready and anxious for the return of 
 peace whenever the same can be obtained on terms honor- 
 able and just alike to herself and them, and in a manner 
 calculated to secure for all time the precious objects for 
 which we are contending. 
 
 Resolved, That the Legislature, representing the senti- 
 ment of Virginia, desires the constitutional department of 
 the Lonl'ederate government to avail itself of every favora- 
 ble indication to negotiate for terms of peivce ; yet we sol- 
 emnly deprecate any irregular action in the preniisps, 
 eithLT in the shape of a congressional commission, or other 
 way, as revolutionary and dangerous in character, viola- 
 tive of the faith mutually pledged by the States to each 
 other in the adoption of the confederate constitution, by 
 distracting and dividing themindsof the people, to weaken 
 our power of resistance, disintegrate these States, and 
 place the people of this State especially at the mercy of tho 
 common enemy. 
 
 Mr. Marshall moved that the rules be suspended in or- 
 der that tho resolutions might be placed on the secret cal- 
 endar, lie thought the resolutions should be considered 
 in secret session. In reference to tliese resolutions he had 
 something to say which he would not like to say in open 
 
 Mr. Douglas opposed the motion to place the resolutions 
 on the secret calendar. Such a disposition of them would 
 defeat the object which he had in view. He wislied to see 
 the resolutions adopted, and go forth as the views of this 
 Legislature. He desired to put his heel on every irregular 
 attempt to negotiate terms of peace either in the shape of 
 a congressional commission, by separate State action, or 
 otherwise. Such schemes, in his estimation, would lead to 
 a disintegration of States and the overthrow of tlie govern- 
 ment which the people have instituted. 
 
 Mr. Armstrong thought it best that the resolutions 
 should be considered in secret session. 
 
 Mr. Collier was in favor of discussing the resolutions in 
 open session. He wanted the people to know what their 
 representatives were doing, and what were our opinions. 
 
 The motion to suspend the rule with a view of transfer- 
 ring the resolutions to the secret calendar was disagreed to, 
 and it was laid aside. 
 
 January 26 — In the House of Delegates, 
 
 Mr. Smith, of Russell, sent to the clerk's desk and caused 
 to be read a series of resnlntions dciiloring the war and 
 looking to the attainment of peice by thr arliilrunient of 
 diplomacy and negotiation, the sword having failed. The 
 
APPENDIX. 
 
 621 
 
 resolutions, after much discussion, were indefinitely poat- 
 poueU. 
 
 March 9— In the House of Delegates, the fol- 
 lowing debate occurred on the proposition for 
 a State Convention: 
 
 On motion to suspend the rules for the reconsideration of 
 the vote by which the hill couferrinjc conventional power 
 upon the c:eneral Assembly was lost, Mr. Hunter, of IJerke- 
 ley, obtained the floor in opposition to the proposition to 
 reconsider the vote. 
 
 The discussion already had upon the subject had had, he 
 thought, dangerous and pernicious eflects. He hoped the 
 Toto would not be reconsidered ; that the bill would bo left 
 to sleep the sleep of death. Mr. Buford, of Pittsylvania, 
 hoped the House would arraign itself upon the question 
 fair and square without prejudice; he thought no harm 
 , could comoof aCouvention. The time might come when 
 legislators would not find themselves behind the people in 
 tliis matter. He was willing to trust the people and the 
 people should be willing to trust their legislators. Mr. 
 SuEFFLT, {Speaker,) with Mr. Kelley in the Chair, spoke in 
 opposition to the motion to reconsider the vote by whicli 
 the bill to clothe the Constitutional Assembly with consti- 
 tutional powers was lost. If two evils were proposed, he 
 would choose the least — the straight-out Convention. He 
 did not understand that there was tp be any difference in 
 powers to bo conferred upon either body. True, the legis- 
 lature could not toflch thebill of rights nor unite the pow- 
 ers of legislature, executive and judicial. If anything was 
 contemplated by a convention, it was looking to the sever- 
 ance of Virginia's connection wilh the Confederacy and 
 opening of new and separate negotiations with the treaty- 
 making power of the North. Once open this flood-gate and 
 you will let loose a current that will sweep with desolation 
 the last hope of freedom from this continent. Had we not 
 rather bear those ills we have than fly to others that we 
 know not of? How long will it be after this convention is 
 called before a cry will go forth and reconstruction or no 
 reconstniciion become the watchword of these dangerous 
 times ? No harm to trust the people, as gentlemen say, 
 but it is a terrible harm for A'irginia to lead off in the ex- 
 pression of distrust for the general government. People 
 will say, if the army will say it, that Virginia is preparing 
 to cast loosie from the body other Confederate Union. Our 
 enemy will say that Virginia is preparing to leave tlie 
 sinking ship and to take to her jolly-boat. The speaker 
 never would with his voice advocate a call for a convention, 
 leginlativc or straight-out. If other States fly madly from 
 their sphere like erratic rockets to blaze a while, and then 
 die out in eternal night forever, let them fly, but let Vir- 
 ginia be one of those calm, fixed stars, veiled sometimes in 
 cloud and tempest, but indestructible as the firmament 
 from which it shines. Virginia must never perish thus. 
 
 Mr. Staples, of Patrick, interrupting the Speaker, ap- 
 pealed to the House. He had never said that a convention 
 was to prepare Virginia for the dissolution of her copart- 
 nership in the Confederate Union. 
 
 Mr. Sheffet, continuing, said it was now too late to do 
 this thing. The ship of State is upon the rapids, and if the 
 helmsman cannot guide the ship she must be dashed to 
 pieces. It w;is no time now to change front ; no time 
 seek a hiding-place from the tempest of war. If wo are 
 to sink, let us sink where we stand, and go down with 
 our ship with one triumphant shout of defiance, with the 
 flag of Virginia — " Sic Semper Tyrannis " — floating ovi 
 OS. 
 
 Mr. BuRWELL, of Bedford, was going to stick to the ship 
 till she struck or run ashore ; then he w^ould build a raft 
 of the fragments and see what could be done. He favored 
 a convention, vested in the Legislature. 
 
 Mr. Robertson, of Richmond, said that only when our 
 armies were overthrown, the Confederacy torn limb from 
 limb and State from State, would he give his vote or con- 
 sent to go into convention. Even up to to the last extremi- 
 * ity, the honor and integrity of Virginia demanded that she 
 Bhould stand firm. If legislators be of the opinion that a 
 convention is demanded, they should withdraw themselves 
 from the possible imputation of being candidates for its 
 menibei-ship. 
 
 Mr. Staples obtained the floor, when Mr. Boulbin called 
 for the order of the day. The consideration of the tax bill 
 and the question under debate was postponed, and a 
 resolution from the Senate extending the session twenty- 
 two days from Tuesday next tiiken up. 
 ALABAMA. 
 
 November, 1864 — This preamble and resolu- 
 tion were submitted by Mr. Parsons and de- 
 bated : 
 
 Whereas Abraham Lincoln, as President of the United 
 States, and commaDder-iu-cUiuf uf the army uud navy 
 
 thereof, and the friends and supporters of his administra- 
 tion, have declared that negotiations for peace cannot be 
 entertained except on a basis of restoration of the Union in 
 its territorial integrity and the abolition of slavery, and 
 that the existing war must be prosecuted until the men of 
 these Confederate States are compelled to submit to these 
 terms or are subjugated, and, if necessary to secure this 
 end, exterminated, their lands confiscated, and their women 
 and children driven forth as wanderers on the face of the 
 earth : 
 
 And whereas the re-election of Abraham Lincoln to the 
 oSice of President of the United States is advocated by 
 many, if not all of his supporters upon these grounds, and 
 that "there is no other way to terminate the war, insisting 
 that there is no disposition on the part of the people of 
 these States to enter into negotiations for peace, except on 
 the distinct admission of the separate independence of 
 these States as a basis : 
 
 And where;vs, at a recent Convention held in the city of 
 Chicago, a numerous and powerful party has declared its 
 willingness, if successful, to stop fighting and open nego- 
 tiations with us on the basis of the Federal Constitution as 
 it is, and the restoration of the Union under it: now, 
 therefore — 
 
 Br it resolved hy the Senate, and House of Representatives 
 of the State of Alabama in General Assembly convened. That 
 wo sincerely desire peace. If the aforesaid party is suc- 
 cessful, we are willing and ready to open negotiations for 
 peace on the basis indicated in the platform adopted by 
 said Convention — our sister States of this Confederacy being 
 willing thereto. 
 
 For further action, see page 456. 
 
 GEORGIA. 
 
 In November, 1864, these resolutions wero 
 offered by Mr. Linton Stephens : 
 
 Jhe General Assembly of the State of Georgia do resolve 
 that the independence of the Southern Confederate States 
 of America, biised upon the constitutional compact between 
 the sovereign States composing the Confederacy, and main* 
 tained through nearly four years of gigantic war, justly 
 claims from the world its recognition as a rightful fact. 
 
 2. That all the States which composed the late American 
 Union, as well those embraced within the present United 
 States as those embraced within the Southern Confederacy, 
 are what the original thirteen States were declared to ba 
 by our Hxthers of 1776, and acknowledged to be by George 
 the Third of England — independent and sovereign; not 
 as one political community, but as States, each one of them 
 coustituiing such a "people" as have the inalienable right 
 to terminate any Government of their former choice, by 
 withdrawing from it their consent, just as the original 
 thirteen States, through their common agent, acting for 
 and in the name of each one of them, by the withdrawal 
 of their consent, put a rightful termination to the British 
 Government, which has been established over them with 
 their consent. 
 
 3. That the sovereignty of the individual States is the 
 only basis of permanent peace on the American continent, 
 and will, if the voice of passion and war can once be 
 hushed, and reason allowed to resume her sway, lead us to 
 an easy and lasting solution of all the matters of contro- 
 versy involved in the present lamentable war, by simply 
 leaving all t tie States free to form their political associa- 
 tions with one another, not by force of arms, which ex- 
 cludes the idea of "consent," but by a rational considera- 
 tion of their respective interests growing out of their 
 natural considerations. 
 
 4. That as the very point of controversy in the present 
 war is the settlement of the political association of the 
 States, no treaty of peace can be perfected consistently 
 with the sovereignty of the individual States, without State 
 action on the part of at least those States whose preference 
 may justly be regarded as doubtful, and have not yet been 
 expressed through the appropriate organs ; and therefore 
 opposition to all State co-operation in perfecting a peace 
 cannot be consistent with a desire for its establishment on 
 a basis of the sovereignty of the States. 
 
 5. That we hail with gi-atification the just and sound 
 sentiment coming from a large and growing party in the 
 North, that all iissociations of these American States must 
 be voluntary, and not forcible, and we give a hearty re- 
 sponse to their proposition to suspend the conflict of arms, 
 and hold a convention of States to inaugurate a plan for 
 permanent peace. 
 
 6. That the appropriate action of such a convention 
 would be not to perform any agreement or compact between 
 Slates, but only to frame and propose a plan of peace ; and 
 the assembling of such a convention, for such a purpose, 
 would he relieved from all possilde constitutional olyection 
 by the consent of the two Governments: and witli such 
 consent, the proposed Convention would but act as com- 
 
622 
 
 APPENDIX. 
 
 missioncrs for the npgotirition of peacp, sulijcct to the rati- 
 fication of both Govcrumcnts, and in all points involving 
 the sovpreignty or intf^grity of the States, subject also to 
 the ratification" of the particular States whose sovereignty 
 might he so involved. 
 
 7. 'Biat we respectfully, but most earnestly, urge upon 
 our own Government the propriety and wisdom of not only 
 expressing a desiro ibr peace, through the Presidential 
 messages and Congressional manifestoes, but of making, on [ 
 
 all suitable occasions, and especially just after signal suc- 
 cesses of our arms, offici.il, open, ami unequivocal otf-rs to 
 treat for p«ace, through the medium of a convention of 
 States, leaving n>ir adversary to accept our offers, or by 
 rejecting them, to provo to his own people that he is waging 
 this unnatural war, not for peace nor the good of his coun- 
 try, but for purposes of the most unholy and dangerous 
 amliition. 
 On motion, two hundred copies were ordered to be printed. 
 
RESULT OF THE PRESIDENTIAL ELECTION OF 1864. 
 
 [This table includes the Home Vote and the Army A'ote.] 
 
 
 ELECTORAL 
 VOTE. 
 
 POPULAR VOTE. 
 
 
 STATES. 
 
 ^ 
 
 o 
 
 Lincoln. 
 
 McCIellan. 
 
 TOTALS. 
 
 M line 
 
 7 
 5 
 
 12 
 4 
 6 
 5 
 
 33 
 
 
 72.278 
 36,595 
 
 126.742 
 14,343 
 44,C93 
 42.422 
 
 368.726 
 60.723 
 
 296,:'.S9 
 8.155 
 40,153 
 
 27,786 
 265,154 
 
 150,422 
 1^9,4S7 
 
 72,991 
 
 85,352 
 
 87,331 
 
 79,504 
 25,060 
 62,134 
 
 14".228 
 23,223 
 9,826 
 
 47,730 
 33.034 
 48,745 
 8,718 
 42,288 
 13,325 
 
 361,986 
 68,014 
 
 276.308 
 8.767 
 32,739 
 
 64,301 
 
 205,568 
 
 130.233 . 
 158,349 
 
 31,026 
 
 67,370 
 
 49,260 
 63.875 
 17,375 
 43,841 
 8,457 
 3,871 
 10.457 
 6,594 
 
 120.014 
 
 
 
 69.629 
 
 
 
 175,487 
 
 Rhod( Island 
 
 
 23,061 
 
 
 
 86,981 
 
 ^('IIn■)nt 
 
 
 55.747 
 
 
 730,712 
 
 
 7 
 
 128,737 
 
 p , 
 
 26 
 
 572,697 
 
 T) 1 
 
 3 
 
 16.922 
 
 M ii\l md 
 
 7 
 
 72,892 
 
 
 11 
 
 
 North Cirolina 
 
 
 South Carolina 
 
 
 
 
 
 92,087 
 
 
 21 
 
 13 
 
 16 
 
 11 
 
 8 
 
 8 
 8 
 4 
 5 
 3 
 3 
 5 
 2 
 
 
 Ohio 
 
 470,722 
 
 
 
 
 
 
 Lull mi 
 
 280.655 
 
 III 11 1, 
 
 
 347,836 
 
 
 
 
 
 104,017 
 
 Ark ni^ IS 
 
 
 
 Jlichi m 
 
 152,722 
 
 Hoi id I 
 
 
 
 l(\ii 
 
 
 Iowa 
 
 136,591 
 
 
 
 143,439 
 
 
 
 42,4.35 
 
 C ihloruia 
 
 
 105,975 
 
 
 
 18,345 
 
 
 
 18,099 
 
 
 
 33,680 
 
 ^e^dddi 
 
 
 16,420 
 
 
 
 
 
 212 
 
 21 
 
 2,213,665 
 
 1,802,237 
 
 4,015,902 
 
 AEMY VOTE FOK PRESIDENT, 1864. 
 
 States. 
 
 Lincoln. 
 
 . McClellan. 
 
 Totals. 
 
 JIaine 
 
 4.174 
 
 741 
 
 4.915 
 
 New Ilinipshirc 
 
 2,006 
 
 690 
 
 2,756 
 
 Vermont J 
 l'cnns\lT.inia 
 
 243 
 
 49 
 
 292 
 
 26.712 
 
 12,349 
 
 39,061 
 
 M.irvland 
 
 2,800 
 
 321 
 
 3,121 
 
 Kentucky g 
 
 1,194 
 
 2,823 
 
 4,017 
 
 Ohio. 
 
 41,146 
 
 9,757 
 
 50,903 
 
 Bllchigan 
 
 9,402 
 
 2,959 
 
 12.361 
 
 Iowa 
 
 15.178 
 
 l,3r,4 
 
 16.542 
 
 
 11..372 
 
 2,458 
 
 13,830 
 
 Califi.inii 
 
 2,600 
 
 237 
 
 2,837 
 
 Jliniiosot 1 II 
 
 
 
 
 Kansas % 
 
 
 
 
 
 116,887 
 
 33,748 
 
 1.00,635 
 
 *InWisconsin, 3,163 votes for Lincoln, and 1,729 votes for McClellan electors were rejecteil for jnform.iHty, and 418 
 Bcatterinp votes were cast, so that the total vote should have been 148,749. 
 
 ■j-This State was entitled to three electors, but one dying before the canvass was concluded, but two votes were 
 cast in the Electoral College. 
 
 X In Vermont, a laraje army vote w.is returned too late to be counted. 
 
 gin the camps of Kentucky soldiers within that State, the army vote was included in the general canvass. 
 
 II No army vote was received until too late for tlie canvass. 
 
 ii The Kansas soldiers' vote was 2,867 for Lincoln and 543 for McClellan; not canvassed on account of being receiTed 
 too late. 
 
 j^» President LixcOLS's estimate, page 558, was but 129 less than the exact result ! 
 623 
 
INDEX 
 
 Adams, ChaSiles Francis, Representative in Thirty-Sixth 
 Congress, 48: member of Committee of Thirty-three, 
 53; report of, 57; Secretary Seward's letter to, on 
 Ti-ent affair, 338; to Lord Wharncliffo, 460. 
 
 Adams, Green, Kepresentative in Thirty-Sixth Congress, 49. 
 
 Adams, James II., Commissioner to Washington, 2 ; corres- 
 pondence with President Buchanan, 29-32; vote on se- j 
 cession ordinance, 398. 
 
 Adams, Wirt, Commissioner from Mississippi to Louisiana, I 
 11 ; received by Convention, 3. I 
 
 Address, of South Carolina Convention to Slaveholding 
 States, 12 ; of loyal Governors in favor of Emancipa- \ 
 tion, 233; of disloyal Governors, 423, 430. 
 
 Adjustment Propositions in Thirty-Sixtu Congress— In 
 House: by Messrs. Thayer, John Cochrane, Ilaskin, 
 Mallory, Stevenson, English, Kilgore, Ilolman, Nib- ^ 
 lack, McCIernand, Noell, Ilindman, Larrabee, Ander- j 
 eon of Jlissouri, Smith of Virginia, Sickles, Dunn, ^ 
 Adrain, Morris of Pennsylvania, Stewart of Maryland, ' 
 Leake, Jenkins, Cox, Ilutchins, Sherman, Etheridge, 
 Davis of Indiana, Florence, Fenton, Kellogg of Illinois, 
 and Vallandigham, 53-57; report of Committee of Thir- 
 ty-three and votes upon, 57-62; on Constitutional Con- 
 vention, 02-64; on Mr. Kellogg's, 63; on Mr. Clem- 
 ens's, 63. In Senate: Mr. Pugh's. 63; Mr. Doolittle's, 
 64; Mr. Bingham's, 64; Mr. Grimes's, 64 ; Mr. Powell's 
 amendment to Mr. Crittenden's proposition, 65 ; BIr. 
 Clark's, 66; reconsideration and rejection of, 66; final 
 defeat of the Crittenden proposition, 66 ; remarks of 
 Senators Johnson and Latham thereon, 66, 67. Tho 
 Peace Conference, members, officers, proceedings, and 
 proposition of, and votes on, 68, 69. Senate Committee 
 of Thirteen, and votes therein, 70-72; propositions of j 
 Senators Joseph Lane and Andrew Johnson, Repre- 
 Beutatives Barrett, Pryor, Colfax, Vallandigham, and ' 
 
 MoiTis of Illinois, and Border-State meeting, 
 
 New York Representatives, Alex. II. II. Stuart, Na- 
 tional Intelligencer, Albany Eveninr/ Jom-nal, and Jo- 
 seph W. Taylor, 74; iV'eiu York Sun, BaUimore Ex- 
 change, " A Distinguished Carolinian," and iv corres- 
 pondent of the National Intelligencer, 75 ; Senator Hun- 
 ter, 86-88; and President Buchanan, 50. 
 
 Adjustment, Mr. Lincoln's reported opinion on, 67. 
 
 Administration of Adraham Lincoln, 10.5-194, 555-610. 
 
 Adrain, Garnett B., Representative in Thirty-Sixth Con- 
 gress, 48; proposition of adjustment, 54; resolutions 
 on unconstitutional State laws, and approving Major 
 Anderson's course, 75, 76. 
 
 Advertiser, Mobile, comments on Floyd's transfer of United 
 States arms South, in 1859-60, 35. 
 
 African Slave Trade, propositions respecting, 52-72; 
 treaty for the suppression of, 150 ; modification of, 151 ; 
 bill to carry out the, 151; bill of rebel Congress con- 
 cerning, 151; veto of President Davis, 151; inter- 
 cepted '• Confederate" despatch upon, 151, 152. 
 
 Aonew, Daniel, Justice Supreme Court of Pennsylvania, 
 decision on eurollment act, 274; on "legal tenders," 
 455. 
 
 Aiken, Warren, Speaker of Georgia Rebel House of Repre- 
 sentatives, 329; Representatl\-o in Second Congress, 
 402. ' 
 
 Alabama, vote for President in 1800, 1; Members of Thirty- 
 Sixth Congress, 48, 49 ; Deputies in Rebel Provisional 
 Congress, 11, 400; .Members of First Congress, 401; 
 Second, 402; secession inuvenient in Convention and 
 Legislature, 4: ratilic-d Conlederate Constitution, 4 ; 
 Interi^lale Coinmissioncrs, U ; makrs a loan to tho 
 Provisional Goveruuieut, 12; seinures and surrenders, 
 40 
 
 27 ; commissioners sent from, to treat with United 
 States Government, 34; purchase of Government arms 
 by, in 1860, 35; resolutions of Legislature, on military 
 employment of slaves, 282; on peace, 456, 621; soldiers 
 in the army, 399 ; reconstruction meeting in Huntsville, 
 112. 
 
 Albany Evening Journal, adjustment proposition of, 74. 
 
 Aldbich, Crtus, Representative in Thirty-Sixth Congress, 
 49; Thirty-Seventh, 122. 
 
 Alexander, William C, Member of Peace Conference, 67. 
 
 Alexandria, Virginia, opening of port of, to trade, 149. 
 
 Aliens, President's proclamation relative to, 272; legisla- 
 tion respecting, 115. 
 
 Alleged Foreign Enlistments, 343-345. 
 
 Allegiance, Oath of, bill requiring from lawyers, 602; 
 new rule of the Senate respecting, note, 003. 
 
 Allen, Charles, Member of Peace Conference, 67. 
 
 Allen, Henry W., Rebel Governor of Louisiana on recon- 
 struction, 331 ; despatch on colored soldiers, note, 428. 
 
 Allen, James C, Representative in Thirty-Eighth Congress, 
 140. 
 
 Allen, William, Representative in Thirty-Sixth Congress, 
 49; Thirty-Seventh, 122; resolutions on the objects of 
 the war, 285, 287. 
 
 Allen, William J., Representative in Thirty-Seventh Con- 
 gress, 123; Thirty-Eighth, 140. 
 
 Alley, John B., Representative in Thirty-Sixth Congress, 
 48; Thirty-Seventh, 122; Thirty-Eighth, 140. 
 
 Allison, Joseph, Judge, opinion on Legal Tender Act, 455. 
 
 Allison, William B., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Alricks, Hamilton, proposed resolution at Democratic 
 National Convention, 418. 
 
 Alvord, Henry E., Lieutenant, captured Moseby's military 
 papers, 119. 
 
 America, Central and South, monarchical intrigues in, 343. 
 
 American, Baltimore, on arrests, 153; statement in, respect- 
 ing Church Difficulties, 531-533. 
 
 American Board of Foreign Missions, resolution of, in 1864, 
 on Slavery and the State of the Country, 507. 
 
 Ames, James T., purchase of Government arms in 1860, 35. 
 
 Ames, Oakes, Representative in Thirty-Eighth Congress, 
 140. 
 
 Ames, Samuel, Member of Peace Conference, 67. 
 
 Amnesty, President's argument upon, 140 ; proclamations 
 of, 147, 148; accompanying circular of Attorney Gen- 
 eral, 148. 
 
 Ancona, Sydenham E., Representative in Thirty-Seventh 
 Congress, 122 ; Thirty-Eighth, 140; resolution on en- 
 rollment, '270. 
 
 Anderson, Clifford, Representative in Second Rebel Con- 
 gress, 402. 
 
 Anderson, Fulton, Commissioner from Mississippi to Vir- 
 ginia, 11 ; received by Virginia, 6. 
 
 Anderson, Josiah M., Me"mber of Peace Conference, 68. 
 
 Anderson, J. Patton, Deputy in Rebel Provisional Congress, 
 11, 400 ; resigned, 400 ; vote on secession ordinance, 399. 
 
 Anderson, Lucien, Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Anderson, Robert, Major, Floyd's instructions to, 31 ; cor- 
 respondence before firing upon Sumter, 113, 114; re- 
 port of, 114; resolution approving course of, 76. 
 
 Anderson, S. J. P., Rev. Dr., court-marti.il of, 537, 538. 
 
 Anderson, Thomas L., Representative in Thirty-Sixth Con- 
 gress, 49, 
 
 Anderson, William C, Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Andrew, John A., Governor of Massachusetts, signer of AI. 
 toona Address, 2.'53. 
 
 Anthony, D. R., Lieut. Col., order on fugitive slaves, 251. 
 625 
 
626 
 
 INDEX. 
 
 Anthony, Hevrt B., Senator in Thirty-Sixth Congress, 49; 
 Thirty- Seventh, 122; Thirty-KiL-l'itli, 1-10; proposition 
 to repeal proposed constitutioual amendment of 1S61, 
 258. 
 
 Anti-Slavery Amendment, passage of, 257, 258, 590 ; votes 
 of State Legislatures ou ratifying, 595-GOO. 
 
 Appeal, for recognition to Earl Kussell by Rebel Commis- 
 Bioners, extract from, 27 ; Russell's letter to Lyons re- 
 specting, 27 ; President Lincoln's appeal to Border-State 
 Representatives, and their replies, 213-220. 
 
 Appleton, Nathan, on Disunion Conspiracy, 390. 
 
 Appleton, William, Representative in Thirty-Seventh Con- 
 gi-css, 122 ; resigned, 123. 
 
 Arguf.lles Case, proceedings in Congress respecting, 354, 
 355 ; letter of the Captain General of Cuba, 355. 
 
 Arkansas, vote for President in ISGO, 1 ; Members of Thirty- 
 Sixth Congress, 48, 49 ; Deputies in Rebel Provisional 
 Congress, 11, 400, and Members of First, 401, of Second, 
 402; secession movement in convention and Legisla- 
 ture, 4; seizures and surrenders in, 28 ; vote on seces- 
 Bion ordinance and proceedings of secession convention, 
 399; admission into the Confederacy, 400 ; claimants 
 for seats at First Session Thirty-Eighth Congress, 140, 
 141, and Mr. Trumbull's report in Senate, and action 
 thereon, 320, 321 ; Free State government in, 321; vote 
 on abolishing slavery in, 332 ; President Lincoln's let- 
 ters respecting election in, 322; soldiers in the army, 
 399 ; Congressional action on claimants for seats. Second 
 Session Tiiirty-Eighth Congress, and on recognizing the 
 Free State government, 580-588. 
 
 Akms op Uxitep States, transfer South in 1859-60, 34 ; pur- 
 chase by Alabama and Virginia in 1800, 35; purchase 
 by Governor of Virginia prior to secession, 30; sale to 
 States, 30; Jefferson Davis's bill to authorize such sile, 
 S6; discussion and vote in the Senate, 30, 37 ; Mobile 
 Advertisers comment on Floyd's transfers, 35 ; Burch's 
 resolution relative to California's quota of, 41 ; General 
 Hcintzelman's (jrder relative to sale, not", 418. 
 
 Armstrong, James D., Rev., facts concerning, 542, 543. 
 
 Army, Rebel, strength of, 117, 121, 399. 
 
 Army Vote, at Presidential Election of 1864, 623. 
 
 Arnold, Lsaac N., Representative in Thirty-Seventh Con- 
 gress, 122 ; Thirty-Eighth, 140 ; resolution on forgery 
 of oliicial documents, 19-4; bill for emancipation of 
 slaves in the insurrectionary districts, 229, 230; bill to 
 prohibit slavery in the Territories, 254; proposition to 
 amend the Constitution, 258. 
 
 Arnold, Samuel G., Member of Peace Conference, 67 ; Sen- 
 ator in Thirty-Seventh Congress, 123. 
 
 Arrests of Citizens, 152-154; President Lincoln's and 
 Secretary Stanton's orders respecting, 154; of Vallan- 
 digham, 162: Mr. Pendleton's resolution in House de- 
 nouncing, 182; proceedings respecting sundry, 179- 
 181 ; resolutions, votes, and legislation respecting, 183- 
 185; General Augur's order respecting military, 187; 
 Mr. Saulsbury's amendment respecting, 230, 237 ; fur- 
 ther facts and votes, 559-562 ; reports of Secretary 
 Stanton and Judge Ilolt, 559, 560. 
 
 Arrington, a. H., Representative in First Rebel Congress, 
 402. 
 
 Arthur, Benjamin F., Clerk of South Carolina Secession 
 Convention, 399. 
 
 Article of War, new, 237, 238. 
 
 Asbotu, Alexander, Brigadier General, orders respecting 
 the election in Kentucky, 313. 
 
 Ashe, Thomas S., Deputy in Rebel Provisional Congress, 
 402 ; elected Senator to Third Rebel Congress, 611. 
 
 Ashley, James M., Representative in Thirty-Sixth Con- 
 gross, 19; Thirty-Seventh, 122; Thirty-Eighth, 140; 
 reports and propositions relative to reconstruction, 319, 
 576, 577. 
 
 Ashmore, John D., Representative in Thirty-Sixth Con- 
 gress, 49; withdrew, 2. 
 
 Atkins, John D. C, Deputy in Rebel Provisional Congress, 
 400; Representative in First Congress, 402; Second, 
 402. 
 
 Atlanta (Georgia) Intelligencer on reconstruction with the 
 Northwestern States, note, 303. 
 
 Attorney General, circular respecting amnesty, 148, 149 ; 
 opinions respecting the President's powers, 51, 52; 
 habeas corpus, 158-161; execution of fugitive slave 
 law, 235 ; pay of colored chaplains, 279, 280 ; citizen- 
 ship, 378-384 ; pay of colored soldiers, 384, 385. 
 
 Adgur, C. C, Major General, order respecting military ar- 
 rests, 187. 
 
 AVBRELL, William W., Acting Adjutant General, order to 
 pi-ohibit slaves leaving the city of Washington, 245. 
 
 Avery, William T., Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Avery, William W., Deputy in Rebel Provisional Congress, 
 400. 
 
 Ayer, Lewis Malone, Jr., Representative in First Rebel 
 Congress, 400; Second, 402; vote on secession ordi- 
 nance, 398. 
 
 Babbitt, Elijah, Representative in Thirty-Sixth Congreee, 
 48; Thirty-Seventh, 122. 
 
 Backus, Franklin T., Member of Peace Conference, 68. 
 
 Bail, bill for, of persons arrested, 183 ; bill to allow in cec- 
 tain cases, 562. 
 
 Bailey, Goldsmith F., Representative in Thirty-Seventh 
 Congress, 122 ; death, 123. 
 
 Baily, Joseph, Reijresentative in Thirty-Seventh Congress^ 
 122; Thirty-Eighth, 140. 
 
 Baker, Edward D., Senator in Thirty-Sixth Congress, 48; 
 Thirty-Seventh, 122; death, 123"; colloquy with Sen- 
 ator Hunter, January 11, 1861, 88. 
 
 Baker, James M., Senator in First Rebel Congress, 401 ; 
 Second, 402 ; vote on secession ordinii,nce, 399. 
 
 Baker, Stephen, Representative in Thirty-Seventh Oki> 
 gross, 122. 
 
 Baldwin, Augustus C, Representative in Thirty-Eighth 
 Congress, 140. 
 
 Baldwin, .Torn B., vote on secession ordinance in Virginia 
 Convention, note, 7 ; Representative in First Rebel Con- 
 gress, 402; Second, 402. 
 
 Baldwin, John D., Representative in Thirty-Eighth Con- 
 gress, 140; resolution denouncing negotiation with the 
 rebel leaders, 298, 299. 
 
 Baldwin, Roger S., Member of Peace Conference, 67 ; prop- 
 osilion for Constitutional Convention, 69. 
 
 Baltimore, special election in 1861, 9 ; arrest of Police 
 Marshal and Commissioners by General Banks, and 
 proceedings concerning, 152, 179 ; Emancipation Reso- 
 lutions of the City Union Convention, 226: Fair, Presi- 
 dent Lincoln's remarks at, 280, 281 ; Minutes of Police 
 Commissioners in April, 1861, and Report in Councils 
 on the expenditure of $500,000 appropriation, same 
 period, 393-396; Union National Convention in, 403; 
 Church questions in, 524-533. 
 
 Baltimore American on arrests, 153; on Church Difficulties, 
 531. 
 
 Baltimore Evening Transcript, suppression of, 192. 
 
 Baltimore Exchange, adjustment proposition of, 75. 
 
 liANKiiMENT, proclamation by Jefferson Davis, 121. 
 
 Banking System, proceedings on establishing, 302-365, 
 
 Banknotes, small. President Lincoln's veto of bill for, 359; 
 proposed i.isuo of, 363. 
 
 Banks, A. P., connected with rebel commissioners, 108. 
 
 Banks, Nathaniel P., Major General, instructions to Lieut. 
 Col. Ruger for arrest of Maryland. Legislature, 153 ; 
 arrest of Police Commissioners, Marshal Kine, and 
 others, in Baltimore, and reasons therefor, 152. 
 
 Baptist Associations, at Brooklyn, in 1861, 474: 'West 
 New Jersey, in 1861, 1862, and 1864, 475,476; New 
 Jersey, in 1864, 476 ; Philadelphia, in 1802 and 1864, 
 470,477; Pennsylvania in 1862 and 1863,477; Ohio, in 
 1802, 473; New York, in 1862,478; American Baptist 
 Missionary Union, 478. In Insurrectionary States : 
 of Alabama, 513; Georgia, 513, 614, 515; Southern Bap- 
 tist Convention, 514; South Carolina, 514, 515; orders of 
 President Lincoln and Secretary Stanton relative to 
 the occupancj' of the churches of, 521, 522. 
 
 Barksdale, Ethelbert, Representative in First Rebel Coqp 
 gress, 402; Second, 402 ; proposition on Peace. 615. 
 
 Barksdale, William, Bepr«sent.ative in Thirty-Sixth Con- 
 gress, 49; sent telegram South, 37; withdrew, 3. 
 
 Barnwell, Robert W., Commissioner to Washington, 2; 
 correspondence with President Buchanan, 29-3.i ; Dep- 
 uty in Rebel Provisional Congress, 2, 11, 400 ; Senator 
 in First Congress, 401 ; Second, 402 ; vote on secession, 
 398; resolution on Independence, 614. 
 
 Barr, Thomas J., Representative in Thirty-Sixth Congress, 
 48; adjustment proposition, 74. 
 
 Barr, Martin W., arrest of, 153. 
 
 Barrett, J. R., Representative in Thirty-Sixth Congress, 
 49; adjustment proposition, 73 ; member of Border- 
 States Committee, 73. 
 
 Barringer, David M., Member of Peace Conference, 68. 
 
 Barrow, Washington, Commissioner of Tennessee in leagu- 
 ing her with the "Confederate" States, 5. 
 
 Barry, G., Capt., purchase of Government arms in 1860, 35, 
 
 Barry, William S., Deputy in Rebel Provisional Congress, 
 11, 400. 
 
 Bartow, Francis S., Deputy in Rebel Provisional Con- 
 gress, 11, 400. 
 
 Bates, Daniel M., Member of Peace Conference, 67. 
 
 Bates, Edward, Attorney General, 108 ; circular respecting 
 amnesty, 148, 119 ; opinion on habeas corpus, 158-161 ; 
 letter on execution of fugitive slave law, note, 235 ; opin- 
 ions on pay of colored chaplains, 279, 280; citizenship, 
 378-384; pay of colored suldiers, 3S4, 385; retirement 
 of, 108; letters of Dr. McPheeters to, and reply of, 
 533, 536. 
 
 Bates, James P., Member of bogus legislative council of 
 Kentucky, 8. 
 
 Batson, Felix I., Representative in First Rebel Congress, 
 
INDEX. 
 
 627 
 
 401 ; Becond, 402 ; votes in Secession ConTention of Ar 
 kansas, 399. 
 Battelle, Kobbins, Member of Peace Conference, 67. 
 Battle, Judge, North Carolina, view on habeas corpus, 120 
 B.^XTER. Elisha, claimant of seat as Senator from Arkansas, 
 
 Thirty-Eighth Congress, 140. 
 Baxter, II. Henry, Member of Peace Conference, 67. 
 Baxter, Portus, Representative in Thirty-Seventh Con- 
 gress, 122 ; Thirty-Eighth, 140. 
 
 Bataed, James A., Senator in Thirty-Sixth Congress, 48; 
 Thirty-Seventh, 122; Thirty-Eighth, and resignation, 
 140; resolution on the arrest of the Baltimore Po- 
 lice Commissioners, 179 ; proposition on enrollment, 
 202. 
 
 Baylor, J. R., Representative in Second Rebel Congress, 
 402. 
 
 Beale, Charles L., Representative in Thirty-Sixth Congress, 
 48. 
 
 Beall, Jon>f y., court-martial and sentence of, for violating 
 the rules of war, 651, 652; action of Senate of Virginia, 
 note, 552. 
 
 Beamax, Fernando C, Representative in Thirty-Seventh 
 Congress, 122; Thirty-Eighth, 140. 
 
 Beaufort, (S. C.,) port of, opened to trade, 149. 
 
 Beauregard, G. T., General, correspondence of, with Major 
 Andei-son, before bombarding Fort Sumter, 113, 114. 
 
 .Bee, San Francisco, on a Pacific Republic, 42. 
 
 Bell. Ca.sper W., Deputy in Rebel Provisional Congress, 
 400; Representative in First Congress, 402. 
 
 Bell, U. P., Representative in Second Rebel Congress, 402. 
 
 Bell, Jonx, vote for President in ISGO, 1. 
 
 Bell, Josuua F., Member of Peace Conference, 63. 
 
 Belmont, August, remarks opening Democratic National 
 Convention, 417. 
 
 Benjamin, Judah P., Senator in Thirty-Sixth Congi-css, 
 48 ; telegram South, 37 ; withdrew. 4 ; Attorney Gene- 
 ral, and Secretary of War in Rebel Provisional Gov- 
 ernment, 12, 400 ; Secretary of War, and Secretary of 
 State in Permanent Government, 401 ; intercepted des- 
 patch to Lamar, 151, 152; orderofarre.'^t of Judge Pat- 
 terson and Colonel Pickens, of East Tennessee. 1S7 ; 
 order on bridge burning, 187 ; to Commissioner Mason 
 on Peace, 455. 
 
 Bennet, II. P., Delegate from Colorado Thirty-Eighth 
 Congress, declaration of, note, 590. 
 
 Ben.vino, Henry L., Commissioner from Georgia to Vir- 
 ginia, 11 ; received by Convention, 6. 
 
 Blnton, TnoMAS II., on the Disunion Conspiracy, 390. 
 
 Bernard, General of Engineers in the service of the United 
 States, a citizen of France, allusion of Attorney General 
 Bates, 378. 
 
 Behrett, James G., arrest and release of, 153. 
 
 Bi.rry, N S., Governor of New Uampshire, and signer of 
 the Altoona Address, 233. 
 
 BiDDLE, CuARLES J., Representative in Thirty-Seventh Con- 
 gress, 122; McClellan's letter to, favorin.:? Geo. W. 
 Woodward's election as Governor of Pennsylvania, 
 386. 
 
 BiOLER, William, Senator in Thirty-Sixth Congress, 48 ; 
 Member c f Committee of Thirteen, 70 ; proposition of 
 adjustment, 71, 72; temporary Chairman of Democratic 
 National Convention, and remarks, 417. 
 
 ElLLUPs, John, Speaker of Georgia Rebel Uouse of Repre- 
 sentatives, 329. 
 
 Bingham, John A., Representative in Thirty-Sixth Con- 
 gress, 49 ; Thirty-Seventh Congress, 122 ; proposition 
 of adjustment, 55; bill to collect duties on imports, 7S; 
 substitute for emancipation bill, 201. 
 
 Bingham, Kinsley S., Senator in Thirty-Sixth Congress, 
 48; Thirty-Seventh, 122; death, 123; proposition re- 
 specting amendment of the Constitution, 04. 
 
 Binnet, lIoRACE, views on suspension of writ of habeas cor- 
 pus, 101. 
 
 Black, Jeremah S., Attorney Gener;il, and Secretary of 
 State, 28; opinion upon the powers of the President, 
 50. 
 
 BL.UNE, James G., Representative in Thirty-Eighth Con- 
 gress, 140 ; resolution for an amendment of the Con- 
 stitution, 259. 
 
 BL.iiR, Austin, Governor of Michigan, and signer of Al- 
 toona Address, 233. 
 
 Blair, Francis P., Sr., agency in bringing about the Hamp- 
 ton Roads Conference on Peace, 666. 
 
 Blair, Francis P., Jr., Representative in Thirty-Seventh 
 Congress, 122 ; Thirty-Eighth, 140 ; unseated, 141 ; 
 amendment to the emancipation bill, 199, 200 ; on se- 
 lect committee on compensated emancipation, 213; 
 letter of General Ilalleck to. note, 248; Senate resolu- 
 tion supposed to refer to his case, 375 ; report of Uouse 
 Coiiimitteo of Elections in case of, and proceedings 
 upon, 375. 
 
 Blaih, JACoii B., Representative in Thirty-Seventh Con- 
 gres.-!,122; Thirty-Eighth, 141; substitute for the en- 
 roUmeat bill, 267 ; resolutions on the war, 293. 
 
 Blair, Montgomery, Postmaster General, 108; report on the 
 exclusion of newspapers, 1S8-191; resignation, 108. 
 
 Blair. Samuel S., Representative in Thirty-Sixth Congress, 
 48 ; Thirty-Seventh, 122. 
 
 Blake, Harrison G., Representative in Thirty-Sixth Con- 
 gress, 40; Thirty-Seventh, 122; resolution on the 
 prosecution of the war, 202. 
 
 BL.iNF0RD, M\RK U., Representative in Second Rebel Con- 
 gress, 402. 
 
 Buss, George, Representative in Thirty-Eighth Congress, 
 110. 
 
 Blizard, a., one of the Tennessee protesters, 43S-441. 
 
 Blockade, President's proclamations of, 149 ; proclainations 
 raising, of certain ports, 194; closing others, 605. 
 
 Blow, Henry T., Representative in Thirty-Eighth Congress, 
 140. 
 
 BooocK, Thomas S., Representative in Thirtj'-Sixth Con- 
 gress, 49; address to people of Virgini.a, 40 ; .Member 
 of Rebel "Provisional" Congress, 400; Speaker of 
 First Rebel Congress, 401 ; Second, 402. 
 
 BoGAN, West, of Arkansas, court-martial and sentence of, 
 for murder of his master, 550, 551. 
 
 Bonds of the United States, proposed State taxation of, 
 359, 300. 
 
 Bonham, AIilledge L., Representative in Thirty-Sixth Con- 
 gress, 49 ; withdrew, 2 ; Commissioner to Mississippi, 
 11 ; statement respecting forts in Charleston harbor, 
 30; Representative in First Rebel Congress, 400; Gov- 
 ernor of South Carolina, 402. 
 
 Bonzano, M. F., reports on credentials as Representative 
 from Louisiana, 581-586 ; former melter and refiner at 
 U. S. Mint, funds in possession at date of secession 
 of Louitiana, 589. 
 
 Booth, John Milkes, assassin of President Lincoln, 610. 
 
 Border Slave State Representatives, interviews of Presi- 
 dent Uncoln with, 210, 211, 213-220. 
 
 Border State Embassies, Charleston Mercury on, 3. 
 
 Border States MEETiNG,«,nd adjustment proposition of, 73. 
 
 BOTELER, Alexander R., Representative in Thirty-Sixth 
 Congress, 49; motion for adjustment committee of 
 thirty-three, 52; hopeful despatch of, 39; remarks on 
 reconstruction, 329; Deputy in Rebel Provisional 
 Congress, 401 ; Representative in First Congress, 402. 
 
 BouDiNOT, Elias C, Delegate from the Cherokee Nation at 
 second session of First Rebel Congress, 402; in Second, 
 402 ; Secretary of Secession Convention in Arkansas, 
 399. 
 
 BouLDiN, Wood, motion in Virginia Convention, 7 ; vote on 
 secession ordinance, note, 7. 
 
 BODLIGNY, John E., Representative in Thirty-Sixth Con- 
 gress, 49; refusal to withdraw, 4. 
 
 BouTWLLL, George S., Member of Peaco Conference, 67; 
 Representative in Thirty-Eighth Congress, 140; re- 
 m.irlcs on issue of emancipation proclamation, 232; res- 
 olutions on reconstruction, 328. 
 
 BowDEN, Lemuel J., Senator in Thirty-Eighth Congress, 
 and death, 140. 
 
 BowE.v, James, Bri.gadier General, reports on the loyal of 
 New Orleans Churches, 543-545. 
 
 BoYcc, William W., Representative in Thirty-Sixth Con- 
 gress, 49; withdrew, 2; appointed on Committee of 
 Thirty-three and declined, 53; Deputy in Rebel Pro- 
 vi^iioual Congress, 2, 11, 400 ; Representative in First 
 Congress, 402; Second, 402; statement respecting 
 forts in Charleston harbor, 30 ; vote on secession ordi- 
 nance, 398 ; letters on Peace, 431-433, 457. 
 
 Boyd, Sempronius H., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Boyle, Jeremiah T., Brigadier General, order on impresa- 
 nients, 315. 
 
 Boyle, Llewellyn, request for special session of Legisla- 
 ture of Maryland, 8. 
 
 Brabson, Robert B., Representative in Thirty-Sixth Con- 
 
 Bradford, Alexander W., Member of Peace Conference, 
 68 ; Governor of Maryland, election affairs of, 309-311 ; 
 correspondence of, with the stewards of Central, Chats- 
 worth, and Biddle street Methodist Episcopal Churches, 
 526-531. 
 
 Bradley, Benjamin F., Representative in Second Rebel Con- 
 gress, 402. 
 
 Beago, Braxton, reported offered, and declined. Rebel Se- 
 cretaryship of War, 402. 
 
 Brai-.g, Thomas, Senator in Thirty-Sixth Congress, 43. 
 
 Branch, A. M., Representative in Second Rebel Congress, 
 402. 
 
 Branch, Lawrence O'B., Representative in Thirty-Sixth 
 Congress, 49; on select committee of investigation, 80; 
 resolution on keeping troops in the District of Colum- 
 bia, 81 ; reports on disposition of the navy and resigna- 
 tions therein, on militia bill, Buchanan's correspond- 
 ence with rebel commissioners, find secession, 84, 85. 
 
 Brandeqee, Augustus, Representative in Thirty-Eightb 
 Congress, 140. 
 
628 
 
 Bratman, Mason, Brigadier General, orders of, at Natchez, 
 541. 
 
 Bkatton, William D., Representatire in Thirty-Sixth Con- 
 gress, 48. 
 
 Breckinridge, John C, vote for President in 1860, 1; Vice 
 President, Thirty-Sixth Congress, 48 ; Senator in Thirty- 
 Seventh, 122; expulsion, 12li; escape, 153; proposition 
 to withdraw troops from rebellions States, 290; candi- 
 date forRebel Congress, and views on reconstruction, 
 329 ; Rebel Secretary of War, 619. 
 
 Breckinridge, Roukrt J., Sr., temporary chairman of Balti- 
 more Union Convention, and remarks, 403-405 ; paper 
 submitted in and adopted by Presbyterian General As- 
 sembly of 1SG2, 462, 403. 
 
 BRECKiNniDGE, Robert, J., Jr., Representative in First Rebel 
 Congress, 401. 
 
 BKEsnwooD, Captain, surrender of his vessel to rebels, 28. 
 
 Brewer, T. N., arrest of, 153. 
 
 Bridge-Burners in East Tennessee, Benjamin's order for 
 hanging, 187. 
 
 Bridgers, John L., Commissioner from North Carolina to 
 Rebel Provisional Congress, 12. 
 
 Beidgeus, Robert R., Representative in First Rebel Con- 
 gress, 402; Second, 402. 
 
 Bridges, George W., Representative in Thirty-Seventh Con- 
 gress, 122. 
 
 Eriggs, Geokge, Representative in Thirty-Sixth Congress, 
 48; adjustment proposition, 74. 
 
 Bright, Jesse D., tenator in Thirty-Sixth Congress, 48; 
 Thirty-Seventh, and expulsion, 123. 
 
 Bristow, Francis S.,, Representative in Thirty-Sixth Con- 
 gress, 49 ; Member of Committee of Thirty-tlireo, 53. 
 
 Brookenbrough, John W., Member of Peace Conference, 
 68; Deputy in Rebel Provisional Congress, 400. 
 
 Bronson, Greene C, Member of Peace Conference, 67. 
 
 Brooke, John B., request for special session of Legislature 
 of Maryland, 9. 
 
 Brooke, W alter. Deputy in Rel»l Provisional Congress, 
 11,400; views on reconstruction, 329; see mem., 401. 
 
 Brooklyn Eagle, presented by grand jury and excluded from 
 the mails, 18S-192. 
 
 Brooks, James, Representative in Thirty-Eighth Congress, 
 140; letter of George N. Sanders to, SCO. 
 
 Bkoomall, John M., Represent.itive in Thirty-Eighth Con- 
 gT ess, 140; substitute for enrollment bill, 2u6, and res- 
 olution concerning, 270; substitute for Mr. Colfax's 
 resolution to expel Alexander Long, 387. 
 
 Brown, Albert Gallatin, Senator in Thirty-Sixth Con- 
 gres,48; telegram south, 37 ; withdrew, 5; resolution for 
 the protection (f slavery in the Territories, 90; captuin 
 in rebel service, 401; Senator in First Rebel Congress, 
 401 ; Second, 402 ; on repealing substitute law, 121 ; 
 opinion on Independence, 616. 
 
 Bkown,B.Gratz, Senator in Thirty-Sixth Congress, 140: on 
 Indian enlistments, 264; substitute for reconstruction 
 bill, 318. 
 
 Brown, Fountain, Rev., of Arkansas, court-martial and 
 sentence for selling liis freed slaves, 549, 550. 
 
 Beown, George William, Police Commissioner and Mayor 
 of Baltimore, arrest of, and reasons for, 152; Minutes 
 of the Board. 39.3, 394. 
 
 Beown, James S., Representative in Thirty-Eighth Con- 
 gress, 140; resolutions on reconstruction, 319, 320 ; on 
 enrollment, 564. 
 
 Brown, Johw Young, Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Brown, Joseph B., Governor of Georgia, 3; proclamation 
 on northern indebtedness, 3; call for negroes, 282. 
 
 Brown, William G., vote on secession ordinance, note, 7 ; 
 Representative in Thirty-Seventh Congress, V£2. ; Thir- 
 ty-Eighth, 140; resolutions on the War, 293. 
 
 Browne, George H., Member of Peace Conference, 67 ; Rep- 
 resentative in Thirty-Seventh Congress, 122. 
 
 Browne, William M., Rebel Assistant Secretary of State, 12. 
 
 Browning, Orville II , Seuatorin Thirty-Seventh Congress, 
 122; superseded, 123; amendments to bill lor military 
 employment of colored persons, 275. 
 
 Brownsville, port opened, 149. 
 
 Bruce, Ely M., Member of bogus Legislative Council of 
 Kentucky, 8 ; Representative in First Rebel Congress, 
 401; Second, 402. 
 
 Bruce, II. W., Member of bogus Legislative Council of 
 Kentucky, 8; Representative in First Rebel Congress, 
 401; Second, 402. 
 
 Bruce, James C, Commissioner of Virginia in making mili- 
 tary league, 8; vote on secession ordinance, note, 7. 
 Brune, John C, arrest of, 152. 
 
 Bryan, T. S., Assistant Secretary of Russellville (Ky.) Con- 
 gress, 8. 
 Buchanan, James, changes in Cabinet of, 28 ; letter to the 
 South Carolina Conmiissioners, 29, 32-34; report of 
 special committee on, 85; declines to receive Commis- 
 sioner from Alabama, 34 ; last annual message, 40 ; the 
 power to coerce a State discussed, 49; explanatory 
 
 amendment to the Constitution recommended, 50; 
 me.s.-^age of January 8, alluded to, 80; public credit 
 during his administration, 365, 366; proposed censure 
 of, and proceedings in the Senate, 387. 
 
 Buck, John M., letters of, respecting church troubles in 
 Baltimore, 524-530. 
 
 Buckalew, Ciiaules R., Senator in Thirty-Eighth Congress, 
 140; amendment to civil bill respecting testimony of 
 colored persons, 243; amendment to national cur- 
 rency bill, 305; proposition to repeal law authorizing 
 enlistments in insurrectionary States, »!0<e,563. 
 
 Bucknlr, Aylett II.. Member of Peace Conference, 68. 
 
 BuELL, Don Carlos, Brig. Gen., letter to J. B. Underwood, 
 otTerJug to return fugitive slaves, 250. 
 
 BuFFiNTON, James, Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh, 122. 
 
 BuRcn, John C, Representative in Thirty-Sixth Congress, 
 49; resolution relative to California's quota of arms, 
 41 ; Member of Committee of Thirty-three, 53 ; report, 
 58; proposition for Constitutional Convention, 62; for 
 a Pacific republic, 41. 
 
 Bureau op Freedmen's Affairs, bill to establish, vote upon 
 in House, 259, 2C0; in Senate, amendments of Mr. 
 Saulsbury, 260; Mr. Willey,200; Mr. Wilson. 260; post: 
 ponement of bill to December 20tb, 1864, 260; final 
 votes, 594, 595. 
 
 Burke, M.vrtin, Col., refusal to obey writ of Judge Gar- 
 rison, 152. 
 
 Burlingame, Anson, Representative in Thirty-Sixth Con- 
 gress, 48. 
 
 Burnett Henry C, Representative in Thirty-Sixth Con- 
 gress, 49; expulsion, 123; Chairman of Russellville 
 (Ky.) Congress, 8; Deputy in Rebel Provisional Con- 
 gress, 400 ; Senator in First Congress, 401 ; Second, 402. 
 
 Bxjbnett, Theodore L., Deputy in Rebel Provisional Con- 
 gress, 400; Representative in First Rebel Congress, 
 401; Second, 402. 
 
 Burnham, Alfred A., Representative in Thirty-Sixth Con- 
 gress, 48 ; Thirty-Seventh, 123. 
 
 Burns Rkscue C.\se, resolution concerning, and Col. T. W. 
 Higginson, 244. 
 
 Burnside, Ambrose E., Brig. Gen., proclamation of, to the 
 people of North Carolina, 249, 250 ; order No. 38, 102; 
 designation of Fort Warren for conimement of Mr. 
 Valiaudigham, 162. 
 
 Burnside, I. P., Member of bogus Legislative Council of 
 Kentucky, 8. 
 
 Burton, William, Governor, of Delaware, reply to Presi- 
 dent's call for troops, 114. 
 
 Butler, Benjamin F., Maj.Gen.. letter of Governor Hicks 
 to, reply of, and Governor Ilicks's protest to, 9; to Gen- 
 eral Scott, 244 ; affair with Brig Gen. Phelps, 2.52; e.x- 
 tract from Davis's proclamation of outlawry, note, 283; 
 orders of, respecting churches in New Orleans, 542. 
 
 Bdtler, Pierce, arrest of, 153. 
 
 Butlek, WillumO., Member of Peace Conference, 68. 
 
 Butler, William T., resignation of, as policeman in Balti- 
 more, 394. 
 
 BuTTEutiELD, Martin, Representative in Thirty-Sixth Con- 
 
 Cabinet, of Mr. Buchanan, 28; Mr. Lincoln, 108, 610; 
 Mr. Johnson, 610 ; Jeff. Davis, 400, 401, 619. 
 
 Cadwalader, George. General, refusal to obey a writ in the 
 Merryman case, 154; remarks of Chief Justice Taney, 
 155. 
 
 Cadwalader, John, Judge United States, decision on enroll- 
 ment act, 273. 
 
 Calhoun, A. P., Commissioner from South Carolina to Ala- 
 bama, 11 ; received by Convention, 4. 
 
 Calhoun, John C, bill relative to security of the mails, 191; 
 allusion to, by Ex-6ov. Francis Thomas, 390. 
 
 California, vote for President in 1600, 1 ; in 1864, 623; not 
 represented in Peace Conference, 69 ; Members of Thirty- 
 Sixth Congress, 49; Thirty-Seventh, 122; Thirty-Eighth, 
 141 ; secession attempt in, 41 ; Union resolutions of the 
 Assembly, 41. 
 
 Call for negroes, of Governor Joseph E. Brown, of Georgia, 
 282; of General Magruder, 283; of Governor Allen of 
 Louisiana, 428, 
 
 Calls for troops, the President's, 114, 115, 270, 604. 
 
 Callahan, S. B., Delegate from Creek and Seminole Na- 
 tion in Second Rebel Congress, 402. 
 
 Calvert, Charles B., Representative in Thirty-Seventh 
 Congress, 122; views on compensated emancipation, 
 213-217; peace resolution, 295. 
 
 Cameron, Simon, Senator in Thirty-Sixth Congress, 48; 
 Secretary of War, and resignation of, 108 ; order of ar- 
 rest of the members of the Maryland Legislature, 153; 
 letters to General Butler, 245; instructions to General 
 Sherman, 247, 248, extract from report and modifica- 
 tion by the President, 249 ; letter to General McClel- 
 
INDEX. 
 
 629 
 
 Ian on the Maryland election, 309 ; Pie^idenfs Mes- 
 sage on tlie House resolution of censure of, 333. 33i; 
 remarks November 13, 1861, on colored troops, 416. 
 Campdell. James, opinion, as Postmaster General, on exclud- 
 
 inK newsp: 
 
 ipers from the mails, 189. 
 
 Campbell, James II., Representative in Thirty-Sixth Con- 
 gress. 4S; Thirty-Seventh, 122 ; Membfr of Committee 
 of Thirt.v-three, 53 : resolution recommending confis- 
 cation of slaves, &c., of rebels, 287. 
 Campbell. John A., letters to Secretary Seward, 110, 111 ; 
 to Jefferson Davis, 111 : reply of Thurlow Weed to, 
 111, 112; at Hampton Roads Conference, 567 ; inter- 
 cepted letter. «o/r, 571. 
 Campbell, J. A. P., Deputy in Rebel Provisional Congress, 
 
 400. 
 Campbell, J. Mason. Senator's Mason's desire to see, 393. 
 Campbell Wiluam IJ.,one of the Tennessee protesters, 438- 
 
 441. 
 Canby. E. R. S., Gener.al, President's order through, for C. 
 L. Vallandi^hara's deportation, 162; order on colored 
 soldiers, n^te, 427, 428. 
 Cannon, William, Member of Peace Conference, 68; Gov- 
 ernor of Delaware, iiroclamation of, 312. 
 Caperton, Allen T,, vote on secession ordinance in Vir- 
 ginia Convention, note. 7 ; Senator in Fii-st Rebel Con- 
 gress, 401 ; Second, 402. 
 Carev, John, Reiiresentative in Thirty-Sixth Congress, 49. 
 Caelile, JonN S, Representative in Thirty-Seventh Con- 
 gress, 122; Senator in Thirty-Seventh Congress, 123; 
 Thirty-Ei.i!»ith, liO; offer of Peace Conference proposi- 
 tion in Virginia Convention, and vote, 7 ; vote on se- 
 cession ordinance, nnte, 7 ; substitute for indemnity 
 bill, 185; on compensated emancipation, 213-217 ; re.s- 
 olution on the prosecution of the war, 290 ; resolutions 
 OIL the relations of the rebellious States to the Gov- 
 ernment, 326. 
 Carroll, James, of Maryland, Disunion letter of, 9. 
 Carter, James T. P.. one of the Tennessee protesters, 438- 
 
 4U. 
 Carter, Luther C, Representative in Thirty-Sixth Con- 
 gress, 4S. 
 Car I TUEHS, Robert L., Member of Peace Conference, 68 ; 
 
 Deputv ill Rt'liol Provisional Congress, 400. 
 Case. Charles, Representative in Thirty-Sixth Congress, 
 
 49. 
 Casly, Samuel L., Representative in Thirty-Seventh Con- 
 gress, 123; on SelectConimittee on compensated eman- 
 cipaticm, and views on, 213, 217, 218. 
 Cass. George W., vote for Vice President in Democratic 
 
 National Convention, 420. 
 Cass, Lewis, Secretary of State, and resigned, 28. 
 Catholic Church, facts respecting, 502, 503; Bishop Wood's, 
 Archbishop Kenrick's, and Archbishop Purcell'spapers, 
 502, 503. In Insurrection art States : Position of Bishop 
 Lynch, 516; articles from iV. O. Standard, 516. 517; 
 tlie Pope's reply to the Rebel Commissioners, 517. 
 Chamberlain, Jacob P., Representative in Thirty-Seventh 
 
 Congress, 123. 
 Chamderl.un, Levi, Member of Peace Conference. 67. 
 Chambers, Ezekiel F., proposed member of Board of Pub- 
 lic Safety in Maryland, 9; vote on emancipation in 
 Maryland, 227. 
 Chambers, Henry C, Representative in First Rebel Con- 
 gress, 402. 
 Chamcliss, John R., vote on Secession Ordinance in Vir- 
 ginia Convention, noie, 7; Representative in First Re- 
 bel Congress, 401. 
 Chandler, Lucius II., claimant for seat as Representative 
 
 in Thirty-Eighth Congress, and refused, 141. 
 Chani'Ler, Theophilus p., Member of Peace Conference, 
 
 67. 
 Chandler, Zachariah, Senator in Thirty-Sixth Congress, 
 48; Thirty-Seventh, 122; Thirty-Eighth, 140 ; amend- 
 ment to enrollment bill, 264. 
 Chanler, John W., Representative in Thirty-Eighth 
 Congress, 140 ; proposition to repeal all conscription 
 laws, 564. 
 Chaplain, Alexander, resolutions in the Legislature of 
 
 Maryland, 398. 
 CharloUc Bulletin, Clingman's telegram to, 41. 
 Chase, Salmon P.. Member of Peace Conference, 68; Sec- 
 retary of the Treasury, and resignation, 108 ; letter on 
 " Legal Tenders," 358, 359; National Currency bill, 
 note.. 365; redemption of Treasury loans and notes, 
 ■note., 367; Chief Justice, 610. 
 Cherokee Nation, Delegate from, in First and Second 
 
 Rebel Congress, 402. 
 Chesnut. Jamks, Jr., Senator in Thirty-Sixth Congress, 48 ; 
 resigned, 2; Deputy in Rebel Provisional Congress, 2, 
 11,400; Aide to Beauregard, 113; votes on Secession 
 Ordinance, 308. 
 Chilton, Willi \M P., Deputy in Itehel Provisional Con- 
 gress. 11,400; Representative in First Rebel Congress, 
 401 ; Second, 402. 
 
 Chittenden, Lcaus E., Member of Peace Conference, 67 
 Chrlsm^n, James S., Member of bogus Legislative Council 
 of Kentucky, 8 ; Deputy in Rebel Provisional Con- 
 gress, 400: Representative in First Rebel Congress, 
 401 ; Second, 402. 
 Christian Religion, proposed Constitutional Amendment 
 
 respecting, 259, 593. 
 Chukphes in the Insurrectionary States, Action of the, 
 50S-521, 548; orders re.specting the occupancy of, 521- 
 523; reconstruction of, 543-546; condition of the, in New 
 Orleatis, 543-544; loyalty of E.ast Tennessee, 545, 546. 
 Church, The, and the Rebellion, 461-5 18, 603; the Military 
 and the Churches, 521-543 ; Reconstruction of Churches, 
 543. 
 Cincinnati Gazette, upon a Northwestern Confederacy in- 
 trigue in 1800, 42. 
 Citizens, arrest of, 152-154, 559-562 — see "Arrests." 
 Citizenship, Attorney General Bates's opinion on, 378-384; 
 Secretary Marcy's, through J. A. Ihomas, Assistant 
 Secretary of State, note, 382. 
 Clapp, J. W., Representative in First Rebel Congiess, 401. 
 Clark, Ambro.se W., Representative in Thirty-Seventh Con- 
 gress, 122; Thirty-Eightli, 140. 
 Clark, Daniel, Senator in Thirty-Sixth Congress, 48; Thir- 
 ty-Seventh, 121; Thirty-Eighth, 140; amendment to 
 the Crittenden proposilicm of adjustment, 65; vote 
 upon, reconsideration, and final vote, 60 ; bill to ratify 
 the emancipation proclamation, 229; resolution OQ 
 prosecuting the war, 291. 
 Clark, Horace F., Representative in Thirty-Sixth Con- 
 gress, 48; adjustment proposition, 74. 
 Clark, John B., Representative in Thirty-Sixth Congress, 
 49; Thirty-S»venth, 122; expulsion, 123; Senator in 
 Fiist Rebel Congress, 401, sop -rsedeJ, 402; Represent- 
 ative in Seconil. 402; remarks in favor of repealing 
 the siib.sfitute bill, 121. 
 Clark, William W., Representative in First Rebel Con- 
 gress, 401. 
 Clarke, Freeman, Representative in Thirty-Eighth Con- 
 gress, 140. 
 Clay^, Brutus J., Representative in Thirty-Eighth Congress, 
 
 140. 
 Cl.^y, Clement C, Jr., Senator in Thirty-Sixth Congress, 
 4S; withdrew, 4; intermediary between Colonel 
 Hayne and I'resident Buchanan, 42 ; correspondence 
 with President Buchanan, 34; Senator in First Re- 
 bel Congress, 401 ; Niagara Falls correspondence, 301, 
 302. 
 Clay, Henry, pro)ihecy of, 390. 
 Clay. James B., Blember of Peace Conference, 68 ; arrest of, 
 
 153. 
 Clayton, A. M., Deputy in Rebel Provisional Congress, 11, 
 
 400. 
 Clayton, Philip, Rebel Assistant Secretary of Treasury, 12. 
 Cleggett, Thomas, arrest of, 153. 
 
 Clemens, Jer-ijmiah, statement respecting the bombard- 
 ment of Sumter, 112. 
 Clemens, Sherrard, Representative in Thirty-Sixth Con- 
 gress, 48; adjustment proposition of, 63; vote on Se- 
 cession Ordinance in Virginia convention, note, 7. 
 Clements, Andrew J., Representative in Thirty-Seventh 
 Congress, 122; on Select Conimi teo on compensated 
 emancipation, 213; views on. 217, 218; resolution re- 
 speciingthe insurrectionary States, 324. 
 Clerke, Justice, adverse opinion on indemnity act, 18G, 
 
 187. 
 Cleveland, Chauncet F., Member of Peace Conference, 67. 
 Clingman, Thomas L., Senator in Tliirty-Sixth Congress, 
 48; re-elected, 5; telegram to the Charlotte Bidlctin, 
 41; on Peace Conference proposition, 70; resolution on 
 slave protection in the Territories, 90; proposition to 
 withdraw troops from the rebellious States, 290. 
 Clipper, Baltimore, on loyalty of Baltimore, 8. 
 Clopton, David, Representative in First Rebel Congress, 
 
 401; Second, 402. 
 Cluskey, Michael W., Representative in Second Rebel Con- 
 gress, 402. 
 Coalter, John D., Member of Peace Conference, 68. 
 Coastwi.se slave trade, repeal of laws regulating, 243, 244. 
 Cobb, A.masa, Representative in Thirty-Eighth Congress, 
 
 141. 
 Cobb, George T., Representative in Thirty-Seventh Con- 
 
 CoBB, Howell, resignation as Secretary of the Treasury, 38 ; 
 Deputy in Rebel Provisional Congress, and President 
 thereof, 12, 400; pronounces secession a "fixed and 
 irrevocable fact," &c., 12; major general in rebel ser- 
 vice, 400. 
 
 Cobb, Thomas R. R.. Deputy in Rebel Provisional Congress, 
 11, 400; on reconstruction, 329; death of, 400. 
 
 Cobb, Williamson R. W., Representative in Thirty-Sixth 
 Congress, 49; withdrew, 3; elected to Second Kcl.el 
 Corigre.-i.?, 402 ; inquiry on his loyalty, 400 ; expulsion, 
 nole,i02; death, 611. 
 
G30 
 
 INDEX. 
 
 CoBTON, Stephen, Kepresentativoin Tliirt.v-Sixtli Congress, 
 I note, 4S; Mnniber of Pi-ace (-"oiifereiice, 67. 
 
 CocnEANE, Clark B., Kepresentativo in Thirty-Sixth Con- 
 gieeis, 48. 
 
 Cochrane, John, Representative in Thirty-Sixth Congress, 
 4S; ailjustment propositions, 5.3, 74; views on imi)o.sts 
 bill, 79; on select investigating committee, 80; reports 
 on President Buchanan's correspondence with rebel 
 commissioners, and on secession, 85; president of Cleve- 
 land Convention, 411; candidate for Vice President, 
 412; acceptnnce of, 414; address to his regiment, 414- 
 416; withdrawal of, 427. 
 
 Coercion, eight of, Buchanan's opinion, 49; votes upon, 
 77, 230. 
 
 CoFFEV, George A., United States District Attorney, request 
 to Marshal Millvvard to seize West Chester Jeffcrsmian 
 newspaper office, 441, 44i. 
 
 COPFEY, Titian J., acting Attorney General, circular on 
 amnesty, 148, 149. 
 
 COFFROTH, Ai.E.XANDER II., Representative in Thirty-Eighth 
 Congress, 140; resolution on emanoipatiou proclama- 
 tion, 290. 
 
 Coi.v, Rebel tax on, 372, 613, 619. 
 
 Cole, Cornelius, Representative in Thirty-Eighth Congress, 
 
 Colfax, Schutler, Representative in Thirty-Sixth Con- 
 gress, 49; Thirty-Seventh, 122; Tliirty-Eighth, and 
 Siieaker of the Jlouse, 140; adjustment proposition, 
 73; resolutions for amending the fugitive slave law, 
 236, and to expel Alexander Long, 3S7 ; vote for Vice 
 President in Union National Convention, 407. 
 
 COLLAMER, Jacob, Senator in Tiiirty-Sixth Congress, 48; 
 Thirty-Seventh, 122; Thirty-Eighth, 140; amendment 
 to resolution to prohibit slavery in the Territories, UO ; 
 resolution to reduce the period of service of drafted 
 men to one year, Ac, 263; amendment to enrollment 
 bill, 264; amendment to joint resolution to equalize 
 the pay of soldiers, 277 ; amendments to legal tender 
 bill, 368; relative to vote of Ele.;toral College 578. 
 
 Collier, Charles ¥., Representative in First Rebel Con- 
 gross, 402. 
 
 Colonization, President Lincoln's views on, 213; interview 
 withcoloredpersonsiu August, 1862, 374, 375; the Isle 
 k Veche experiment, note, 212; votes on, 199- JOl. 
 
 CoLOH, bill to remove disqualification of, in carrying United 
 States mails, 239, 240, 593. 
 
 Colorado Territory, bill for temporary government, 89, 
 90; enabling act for, 255. 
 
 Colored men as citizens. Opinion of Attorney General 
 Bates, 378-384 ; letter of Assistant Secretary of State 
 J. A. Thomas, note, 382. 
 
 Colored men as voters, in Montana Territory, 240; in 
 Washington city, 241. 
 
 Colori;d persons as witnesses, votes respecting, 242, 243, 
 442. 
 
 Colored persons, Confederate use of, 281-283,611. 
 
 Colored persons, disqualification of, in carrying the mails, 
 bill to remove, 239, 240, 593; letter of Gideon Urangor, 
 J!0<c, 239; disqualification to testify, proceedings to re- 
 move, 240, 242, 24.3, 442, and Judge Underwood's opin- 
 ion upon, 442, 443 ; all able-bodied males of .suitable 
 age to be enrolled, 274; to be liable to the draft, -.74; 
 opinion of Attorney General Bates on citizenship of, 
 378-384. 
 
 Colored persons, exclusion from the cars, proceedings 
 respecting, 241, 242, 593; Mr. Sumner's resolution on, 
 242; Mr. WiUey's report ufion, 242; Mr. Sumner's mo- 
 tions to forbid, 242, 593, 594. 
 
 Colored persons leaving District op Columbia, resolution 
 of House respecting the order requiring passes for, 594. 
 
 Colored schools, legislation respecting, 214. 
 
 Colored soldiers, to have same pay, &c., except bounty, as 
 white men— bounty of, not to exceed SlOO, to be fixed 
 by the President, 116, 272; the several lawsconcerning, 
 274 ; mother, wife, and children of, to be free, 274 ; pro- 
 ceedings in Congress respecting, 274-276; respecting 
 pay of, 276-279; opinions of Attorney General Bates 
 respecting pay of, 279, 280, 384, 385; Secretary Stan- 
 ton's order to Governor Andrew respecting enlistment 
 of, 279, and his reply respecting compensation to loy.al 
 masters for enlisted slaves, 565; President Lincoln's 
 order for the protection of, 280; rules of war (extract) 
 concerning, 280 ; allusion to, in speech of President Lin- 
 coln at the Baltimore fair, 280, 281 ; proposed prohibi- 
 tion of pay to, 283, 284; rebel facts concerning, 281- 
 283; correspondence between Gonoials Grant and Lee 
 concerning, 444,445 ; Rebel legislation upon, Oil ; actios 
 of Virginia legislature, note, 612; General Leo's letter, 
 nnte, 611. 
 
 Colored soldiers' families, bill for securing freedom of, 
 564, 505; Major General Palmer's order respecting, 
 vott, 564. 
 
 COLVIN, A. J., Letter of Lucius Robinson to, 413. 
 
 CoLYEE, A. S., Representative in Second Rebel Congress, 402. 
 
 Commercial intercourse, proclamations forbidding, with 
 insurrectionary States, 149. 150. 
 
 Commissioners, Intbu-State, names of, 11 ; rebel to Eng- 
 land, appeal of, to Earl Russell, 27 ; reply of tlie Pope 
 to, 517 ; of Confederate States, correspondence with 
 President Buchanan and Secretary Holt, 29-34 ; with 
 Secretary Seward, 108-110. 
 
 Commiitee of Thirteen, in Senate, votes in, 70-72. 
 
 Committee OP Thirty-three, in House, 52; memiicrs, 53; 
 propositions submitted, 53-55; report, 57, 58; minority 
 reports, 57, 58 ; votes on propositions, 58-62. 
 
 Commutation, or $300 clause, votes on, 261 ; repealed, 263- 
 270 ; report on. note, 263. 
 
 Compromise, Mr. Lincoln's opinion upon, 67. 
 
 Confederate Clergy, Address of, to Christians through- 
 out THE WORLD, 517-521. 
 
 Confederate Lcoislation — see Rebel Legislation. 
 
 Conference, 41 — see Peace Conference. 
 
 Confiscation, act of 1861, 195, 196; act of 1862, and for 
 other purposes, 196, 197 ; joint resolution giving con- 
 struction to last, 197 ; President's message thereon, 
 197,198; other proceedings respecting, 198-203 : votes 
 on repealing the joint resolution, 202, 205, 200, 562, 563; 
 judicial action under, 200, 207 ; military confiscation 
 suspended by the President, note, 207 ; President's 
 proclamation under, 208 ; proceeedings respecting, 275, 
 276. 
 
 Congregational Church, action of various Conferences, 
 480-482. 
 
 Congregational Welsh Association of Pennsylvania, ac- 
 tion of, 481. 
 
 Congress, of United States, meeting, and members of Thirty 
 Sixth, second session, 48. 49 ; Thirty-Seventli, 121, 122; 
 Thirty-Eighth, 140,141, 5.59, .588; of Rebel Provisional, 
 and members of, 11, 400; First Congress, 401, 402; Se- 
 cond, 402. 
 
 CONKLiNO, Frederick A., Representative in Thirty-Seventh 
 Congress, 122. 
 
 CoNKLiNG, James C, President Lincoln's letter to, 235, 
 236. 
 
 CoNKLiNG, RoscoE, Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh, 122; amendment to Confis- 
 cation bill, 198; to Mr. Eliot's joint resolution, 2S7 ; 
 joint reselution on compensated emancipation, 209, 
 210. 
 
 Connecticut, vote for President, in 1860.1; in 1804,623; 
 Merabei's of Peace Conference, 67 ; Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh, 122 ; Thirty-Eighth, 140. 
 
 CoNNESs, John, Senator in Thirty-Eighth Congress, 140. 
 
 CoNiiAD, Charles M., Deputy in Rebel Provisional Congress, 
 11,400; Representative in First Rebel Congress, 401 ; 
 Serond, 402. 
 
 CoNRow, A. II., Deputy in Rebel Provisional Congress, 400; 
 Rr,.r.>iMit,itive in First Congress, 401 ; Second, 402. 
 
 CON<Ci:i;i ['is—i-r. Enrollment. 
 
 CoNS( Kii iMN', R :iu:l, acts of, 118, 119; judicial decisions 
 ui"'n, lii); iiroclamations and order upon, 118, 119; 
 onlur for enrolling persons between 17 and 60, 427 ; of 
 negroes, 428. 
 
 Conspiracies, bill to punish, and protest of nine Senators, 
 376,377; Douglas's proposition respecting, 71; Rebel 
 law, 014. 
 
 Constitution of the United States, 91-97 ; index to, 100- 
 103; explanatory amendment proposed by President 
 Buchanan, 50; adoption of proposition to amend, 59, 
 60; Mr. Seward's proposition, 71; votes on proposition 
 to amend, 59, 60, 62-05 ; proceedings to amend, 255- 
 259; proposition of Mr. Henderson, 255 ; Mr. Sumner, 
 265; Mr. Powell, '..55, 256; Mr. Trumbull, 206: Mr. 
 Garrett Davis, 256; Mr. Saulsbury's proposition, 257; 
 final vote on amendment in Senate, 257 ; Mr. Wheeler's 
 proposition, 257 ; final vote in the House, 258 ; resolu- 
 tions of Mr. Isaac N Arnold, 258 ; Mr. Windom, 258; 
 Mr. Stevens, 258; Mr. IleuryB. Anthony's joint resolu- 
 tion to repeal the joint resolution of March 2, 1861, 258 ; 
 resolutions of convention at Allegheny City, Pennsyl- 
 vania, proposing amendment to, 258, 269; Mr.Cravens's 
 resolutions respecting aniendmeutof, 259; Mr. Blaine's 
 proposition to amend, 259; other propositions, and 
 action, 591-593. 
 
 Constitutional Amendment for the extinction of slavery, 
 257, 258, 590; other propositions, 256-2.59, 672, 573, 591- 
 593— see "Adjustment' and '-Constitution." 
 
 Constitutional Co.nve.vtio.v, votes on, 62, 64; in Peace 
 Conference, 69,70; propositions for, 29t, 435. 
 
 Constitution of the Confedkrate Statls, 98-100; index 
 to, 100-103; A. 11. Stephens's comment upon, 103, 104; 
 ratification of, 4, 5. 
 
 Contrabands, order (.f Major General Wool respecting, 248; 
 his order for employment of, and wages, 248; general 
 instructions concerning. 244, 245, 217, 218; order of 
 President Lincoln on in the District of Columbia, 248 ; 
 extract from report of Secretary Cameron, 219; in- 
 structions of Secretary Stanton to General Saxtou, 
 
INDEX. 
 
 631 
 
 251, 252; orders of General Tuttle at Natchez, 2o3; 
 Mr. GiiiineU's resolutions respecting General Tuttle's 
 ortlei-s, 253. 
 
 CoN-VEXTioN OF SoDTH Carolisa, conflicting views of fugi- 
 tive sliLve law in, 18 ; vote on secession ordinance, oiJS, 
 399 ; address of, and papers in, 12-20. 
 
 CoxvEXTio.v OF THE STATES, resolutions in Kebel Congress 
 contemplatin5,;617. 
 
 Conventions, Poutical, at Baltimore, 403-407; at Cleve- 
 land, 410-413; at Chicago, 417-123. 
 
 CONWAT, Martix F., Representative in Thirty-Sixth Con- 
 gress!, 49; in Thirty-Seventh Congress, 122; resolutions 
 on prosecution of the war, 230, 2t)2. 
 
 Coos, Dlrton' C, Member of Peace-Conference, 68. 
 
 CviOK. William U., Deputy in Rebel Provisional Congress, 
 400; Representative in First Congress, 401. 
 
 Cooper, Uenrt, one of the Tennessee protesters, 43S-141. 
 
 Cooper, S., Rebel Adjutant and Inspector General, 119. 
 
 CojPER, Thomas B., Representative iu Tliirty-Seveuth Con- 
 gress, 122; death, 123. 
 
 Copeland, R. Morris, report of arrests by, 153. 
 
 CoRXiNG, Erastcs, Member of Peace Conference, 67 ; Rep- 
 resentative in Thirty-Seventh Congress, 122: resolu- 
 tion relative to taxation, 359; correspondence with the 
 President on Vallandigham's arrest, 103. 
 
 CORRESPONDE.VCE, between President Buchanan and Rebel 
 Comniissionei-s, 29-34; between President Lincoln and 
 New York Democratson Vallandigham'scase,lC3-167; 
 same with Ohio Democrats, 167-175; of President Lin- 
 coln and Governor Bradford, 309, 310; President Lin- 
 coln and Fern:indo Wood, 296, 297 ; the Niagara Falls, 
 301-303; the Iluuipton Roads, 506-572 ; between Pres- 
 ident Lincoln and General Grant, 425. 
 OF Jeff. D ivis and Governor Vance, 306, 307 ; of Alexan- 
 der II. Stephens and Gideon Welles, nolr, 307. 
 OF Secretary Seward on Foreign Aflairs, 339-355 ; with 
 Mr. Parker on Peace Petition, 450; with Mr. Adams 
 on the Wharncliffe offer of money to rebel prisoners, 
 460. 
 
 CORWix, Thomas, Representative in Thirty-Sixth Congress, 
 49; chairman of Adjustment Committeo of Thirty- 
 three, 33; report, 57; votes upon, oS-62; Jlinister to 
 Me-xico, granted leave of absence, SCO. 
 
 CosTE, Captain, surrender of hia vessel to rebels, 27. 
 
 Cottman, Thomas, claimant of seat as Representative from 
 Louisiana, First Session Thirty-Eighih Congress, 141. 
 
 Cottox, Rebel regulation of destruction of, 117. 
 
 Courts-Martial, of Rev. Dr. Anderson for disloyalty, 537, 
 53S; of Robert Tavlor of Tennessi'e, for the murder of 
 his slave, 548, 649; of Rev. Fountain Brown of Ar- 
 kansas, for selling his freed slaves, 549, 550 ; of West 
 Bogan of Arkansas, for the murder of his master, 550, 
 551; of John J. Glover of Arkansas, for the murder of 
 a slavemaster, 551; of John Y. Beall of Virginia, and 
 of Robert C. Kennedy, lor violating the laws of war, 
 551-553. 
 
 CovoDE, John, Representative iu Thirty-Sixth Congress, 
 48; Thrty-Seventh, 122. 
 
 Cowan, Edgar, Senator iu Thirty-Seventh Congress, 122; 
 in Thirty-Eighth, 110; amendment on pay of boUHlTS, 
 276; proposiiionrolativo to military commissions, 503. 
 
 Cox, Samuel S., Representative in Tliii ty-Sixth Congress, 
 49; Tlurty-Sevcnth. 122; Thirty-Eighth, 140; adjust- 
 ment propositiou, 55; resolution respecting arrests, 
 181; amendment to bill for recognition of J lay ti and 
 Liberia, 239; amendment to Montana bill, 254, 255; 
 motion to insert the woid " white" in tho enrollment 
 bill, 2G1; amendment to bill relating to unemployed 
 generals, 2S5 ; resolution defining tlie word '• assa.'^sius," 
 291,292; peace resolutions, 2;15, 574, 575; resolution on 
 the Arguellcs case, 355 ; relative to a colony of blacks, 
 note, 212; proviso to Nebia-ska enabling act, 377 ; pro- 
 posed increase of tho pay of soldiens, 27 1 ; at Demo- 
 cratic National Convention, 420. 
 
 Cox, Walter S., Letter respecting secession, 9. 
 
 Cr.aig, James, Representative in Thirty-Si.xth Congress, 
 49. 
 
 Ce.aige, Burton, Representative in Thirty-Sixth Congress, 
 49; telegram sent South, 37; remarks upon Peace 
 Conference proposition, 70; resolution on recognition, 
 89: Deputy iu R<-bcl Provision. il Congress, 400. 
 
 Ceaven.s, JamesA., Rc]resenta'ive iu Thirty-Seventh Con- 
 gress, 122 ; Thirty-Eighth, 140: resolutions respecting 
 amending the Constitution, 259. 
 
 Crawford, Martin J., Representative in Thirty-Sixth Con- 
 gress, 49; telegn-.iu South, 37; withdrew, 3 ; Deputy 
 in Rebel Provisional Congress, 11, 400; resolution re- 
 specting slavery, 76: ivbel commissioner to Waishing- 
 ton,108; culuiicl.if cavalrv. 400. 
 
 Creoli;s, rebel pr..ii>i,.,.,| ,n,lit u y employment of, 2S2; rea- 
 
 Creswell, John A., Kcpr. >. iit ilive in Thirty-Eighth Con- 
 
 gre!:s, 140 ; successor of Senator Ilicks. 559. 
 CaiiFiELD, Jou.N W., Member of Peace Conference, OS; 
 
 Representative in Thirty-Seventh Congress, 122; me- 
 moranda of interview between the President and Bor- 
 der-State Representatives, March 10, 1802, 210, 211 ; 
 views on compensated eniancipation, 213-217. 
 
 Ceittenden, John J., Senator in Thirty-Sixth Congress, 
 48; member of tho Committee of Thirteen, 70; Bor- 
 der State Committee, 73; telegram stating that liia 
 adjustment was lost in the Senate by refusal of South- 
 ern Senators to vote, 39; hopeful despatch of, 39 ; va- 
 rious votes on his proposition, 64-67, (also see Adjust- 
 ment ;) remarks of Senators Johnson and Latliam re- 
 specting defeatof, 66, 67 ; telegram respecting same, 38; 
 alleged authorship of tho mea.sure, 75; vote of thanks 
 to, of Virginia Convention, 6; proposition in Senate 
 Coramitteoof Thirteen, 70 ; amendment respecting fu- 
 gitive slave law, 70. 
 
 Crittenden, John J., Representative iu Thirty-Seventh 
 Congress, 122; resolution respecting tho cause and the 
 objects of the war, 286; at Border-Stato interview with 
 tho President, 211 ; views on compensated emancipa- 
 tion, 213-217. 
 
 Crockett, John W., Member of bogus Legislative Coun- 
 cil of Kentucky, 8; Representative in First Rebel Con- 
 gress, 401 ; peace proposition, 303. 
 
 Crosby & Nicnots, President Lincoln's letter to, 336. 
 
 Crowninshield, I'RANCid B., .Member of Peace Conference, 
 67. 
 
 Cruickshank, Marcus H., Representative iu Second Rebel 
 Congi-ess, 402. 
 
 Crump, William W., Rebel Assistant Secretary of the 
 Treasiu'y, 619. 
 
 Cull'^m, Alvin, Blember of Peace Conference, 68. 
 
 CuMiiEULAND Presbtterisns, in Eiist Tennes.see, action of, 
 646; action of the General Assembly of the Church, 
 473, 474. 
 
 CURRIN, David M., Deputy in Rebel Provisional Congress, 
 4oO; Representative in First Congress, and death, 402. 
 
 CuRRV, Jabez L. M., Representative in Thirty-Sixth Con- 
 gress 49; telegram South, 37; withdrew, 4; Deputy in 
 Rebel F'rovisional Congress, 11, 400; Representative in 
 First Congress, 401. 
 
 CuRTiN, Andrew G., Governor of Pennsylvania, signer of 
 Altooiia Address, 233. 
 
 Curtis. Sa.muel K., Major General, orders and letters of in 
 the McPheeters case, 533, 534, 535, 537. 
 
 Curtis, Samuel R., Representative in Thirty-Sixth Con- 
 gress, 49; Thirty-Seventh, 122; resigned, i23; Member 
 of Committee of Thirty-three, 53; Member of Peace 
 Conference, 68. 
 
 CusHiNG, Caleb, Opinion as Attorney General on news- 
 paper exclusion from the mails, 189, 190 
 
 CutLoR, R. King, elected Free State Senator from Louisi- 
 ana, 4".0; vote in Louisiana Conveni ion on abolishing 
 slavery, 332; report and action upou credentials of, 
 579. 
 
 Cutler, William P., Representative in Thirty-Seventh 
 Congress, 122. 
 
 Daily, Samuel G., Delegate from Nebraska, declaration of, 
 7wte, 590. 
 
 Dail;/ A^kws, New York, presented by grand jury and ex- 
 cluded from the mails, 188; report thereon, 1S8-192. 
 
 DAK0TAH,bill to organize, 89. 
 
 Daneker, David, refusal to haul down the American flag, 
 and resignation of, 394. 
 
 Darden, Stephen U., Representative in Second Rebel Con- 
 gress, 402. 
 
 Darg AN, Edward S., Representative in First Rebel Congress, 
 401 ; remarks on Creoles, 2S2. 
 
 Dargan, J. A., in South Carolina Convention, 17, 20; vote 
 on secession ordinance, 39S. 
 
 Dashiell, John II., statements of respecting church orders 
 in Baltimore, 52.5, 532 ; arrest and discharge of, 525. 
 
 Davidson, Andrew J., Dejiuty in Rebtl Provisional Con 
 gress, 400: Representative in First Congress, 402. 
 
 David.so.v, Thomas G., Representative iu Thirty-Sixth Con- 
 gress, 49 ; withdrew, 4. 
 
 Davis, David, United States Judge, decision on enrollment 
 act. 273. 
 
 Davis, Garrett, Senator in Thirty-Seventh Congress, 123 ; 
 Thirty-Eighih, 140; views on compensated emancipa- 
 tion, 2l:i-217 ; motion to amend tlie new Article of 
 War, 238; resolution re-pecting Col. T. W'. Uigginson 
 and the Anthony Burns affair, 244; proposition to 
 amend the Constitution, 256; proposition to divide 
 New England, 253; ameiidmi'iit to liill to employ col- 
 ored persons in tho public nil i., _7". ; aiiu'iidment to 
 bill to suppress insurrectin, „;- : ! i. uliiicnt to the 
 engineer bill, 276; subsliln . • i:m ,i i-u.lmcnis to 
 joint resolution toequali;-.''!! ly ii > i n r-, 277 ; amend- 
 ment to the army appropriation bill, 27S ; amendmout 
 to iuterual revenue bill, that no money raised by it 
 
632 
 
 INDEX. 
 
 Bhall bo nsed to pay nesroes, 283 ; like amendment to 
 army appropriation bill, 284; resolution for a peace 
 convention at Louisville, Kentucky, 296; joint resolu- 
 tion for negotiation for peace, 297; resolutions respect- 
 ing tliorehitions of therebellious States to tlioGovern- 
 jnent, 323-326; resolution ceusurinsc ex-Presi'Jeiit Bu- 
 r.hanau, 3S7 ; amendment to bill to secure tVie freedom 
 of the families of colored soldiers, £64; proposition for 
 peace and cbanirea in the Constitution, 573, 574. 
 
 Davis, George. Member of Peace Conference, 68; Senator 
 in First Rebel Congress, 401 ; Rebel Attorney General, 
 •101. 
 
 Davis, (lEyRY Winter, Representative in Thirty-Sixth Con- 
 gress, 49; Thirty-Eighth, 140; Member of Committee 
 of Thirty-three, 53; Address of, for the Union, 9; 
 amendment to the enrollment bill, 270; bill for recon- 
 struction, 317; resolutions respecting the French in 
 Mexico, 349, and report thereon, 350-364 ; paperof, and 
 Benjamin F. Wade, respecting failure of tlio reconstruc- 
 tion bill, 332; proposition relative to courts-martial, 
 501 ; proposed amendment of Constitution, so as to 
 permit the taxing of exports, 693. 
 
 Davis, Jefferson, Senator in Thirty-Sixth Congress, 48; 
 member of Committee of Thirteen, and proposition in, 
 71; withdrew,3; intermediary betvfeenCol. Hayneand 
 President Buchanan, 32: opinion concerning the mili- 
 tia of the States, 37; on newspaper exclusion from the 
 mails, note, 190; bill to authorize sale of United States 
 Ri-ms to the States, 36; discussion thereof in the United 
 States Senate, 36, 37; resolutions on withdraw.il of 
 United States troops, 85, 86; Franklin Pierce's letter 
 to, 391 ; one of the Committee of secret Disunion Cau- 
 cus. 392. 
 
 Davis, Jefferson, elected Rebel Provisional President, 12; 
 inaugurated, 12; provisional Caliinet, 12. permanent, 
 400,401,619; permanent President, 401 ; nu.rtial law 
 in Richmond, 121 ; proclamation of banishment by, 
 121; correspondence with Governor Vance respecting 
 peace, 306, 307 ; views on reconstruction, 329, 3o0, 331 ; 
 declaration to Gilmore,307; veto ff African slave trade 
 bill, 151; proclamation on conscription, 118; proclama- 
 tion of outlawry against General Butler, 77.o?c, 2S3; on 
 peace in his last message, 455, 456 ; instructions ponding 
 the Hampton Roads Conference, 566, 56 J; message re- 
 specting it, 570; speech at Richmond meeting, 571; 
 message and instructions to General Lee respecting a 
 Military convention with General Grant on peace, 572. 
 573; message of, on employing slaves, 610; veto of bill 
 on exemptions and details, 612; message transmitting 
 statement of accessions to the army from April 16, 
 1862, to February 23, 1P63, note, 612; letter on State 
 negotiation for peace, 616, 617 ; last message, on habeas 
 corpus, and peace, 618. v 
 
 Davis, John G., Representative in* Thirty-Sixth Congress, 
 49 ; proposition of adjustment. 56. 
 
 Davis, Nicholas, Jr., Deputy in Rebel Provisional Con- 
 gre'^s, 400. 
 
 Davis, Redben, Representative in Thirty-Sixth Congress, 
 4'J; member of Committee of Thirti'-tliree, 53; iiiani- 
 fi sto sent South, 37 : statement to slavelioldiiig caucus, 
 37; witlidrew, 3; Representative in First Rebel Con- 
 gress, 401 ; resigned, 402. 
 
 Davis, Tuomas T., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Davis, William Morris, Representative in Thirtj'-Seventh 
 Congress, 122. 
 
 Dawes, Henry L., Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-tieventh, 122; Thirty-Eighth, 140; 
 Sleraber of Select Committee on military and naval af- 
 fairs, SO; report on disposition of the United States 
 vessels, 82; also respecting resignations in the navy, 
 82-84; report and resolutions respecting reconstruc- 
 tion, 319; report on the adnii-ssion of representatives 
 from Louisiana, 581, 5S2; from Arkansas, 5S0, 587. 
 
 Dawki.vs, James B., Representative in First Rebel Congress, 
 401. 
 
 Dawson, John L., Representative in Thirty-Eighth Con- 
 grets, 140; resolutions for aumt-sty and peace, 299, 300, 
 573 ; proposed increase of pay of soldiers, 272. 
 
 Dayton, William L., letters of Secretary Seward to, on 
 mediation, 345, 349.350; letters of, to Secretary Seward, 
 on the French policy in Mexico, 350; Secretary Sew- 
 ard's letter to, 350; report of the Committee on Foreign 
 Affairs upon, 351-354. 
 
 Debate on adoption of the papers of the South Carolina 
 Convention, 16-18; in Virginia Rebel Legislature on 
 enrolling free negroes 281,282; and on peace resolu- 
 tions, 3o4; in Rebel Congress, on peace propositions, 
 306,450; on sequestration, 205; on repealing substitu- 
 tion, 121; in Senate ou peace resolutions, 616; in Vir- 
 ginia House of Delegates on peace, 620, 621. 
 
 Debt, of United States, statements of amount of, 366, 367, 
 601; of Rebel, 308; repudiation of Rebel debt as an 
 agency of tlie rebellion, 575, 576. 
 
 Debts, payable in "legal tenders," 357, 358: Secretary 
 Chase's letter respecting payment of United States 
 bonds and notes, «o<e, 367. 
 
 Delano. Charles, Representative in Thirty-Sixth Congress, 
 48; Thirty-Seventh, 122. 
 
 Declaration of Independexce, of South Carolina, 15, 16. 
 
 Declaratory resolutions of Committee of Thirty-thi'ee, 
 and vote, 58,59. 
 
 De Clouet, a., De[)uty in Rebel Provisional Congress, 11, 400. 
 
 DeJarnette, Daniel C, Representative in Thirty-Sixth 
 Congress, 49: address to people of Virginia, 40; Rep- 
 resentative in First Rebel Congress, 402; Second, 402; 
 remarks on Mexican questirm,"617, 618. 
 
 Delaplainb, Isaac C, Representative in Thirty-Seventh 
 Congress, 122. 
 
 Delaware, vote of for President in 1860, 1 ; in 1864, 623; 
 Members of Peace Conference. 07; Thirty-Sixth Ci>n- 
 gress,48; Thirty-Seventh, 122; Thirty-Eightii, 140; act 
 to secure the freedom of elections' in, 312: General 
 Schenck's order concerning election in, 312 ; Governor 
 Willhim Cannon's proclamation upon, 312; vote of 
 Legislature on ratifying anti-slavery amendment, 597. 
 
 Demino, Henky C, Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Democratic National Convention of 1864, proceedings of, 
 417-421. 
 
 Democrats of New York, on foreign mediation, as stated by 
 Lord Lyons, 3i7 ; on C. L. Vallandigham's arrest, 163. 
 
 Democrats of Ohio, on C. L. Vallandigham's arrest, 107- 
 
 Denison, Charles, Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Dennis, John U., arrest of, 162; votes in Legislature of 
 Maryland, 379, 398. 
 
 Denniso.n, Ma., arrest of, 152. 
 
 Denniso.n, William, President of. Baltimore Convention, 
 and remarks, 405; announcement of nomination to the 
 President, 407 ; Postmaster General, 108. 
 
 Dent, John F., Member of Peace Conference, 08. 
 
 Db Witt, William U., Deputy in Rebel Provisional Con- 
 gress, 400. 
 
 Dickinson, Daniel S., vote for Vice President at Union 
 National Convention, 407. 
 
 Dickinson, Henry, Commissioner from Mississippi to Delar 
 ware, 11. 
 
 Dickinson, J. S., Representative in Second Rebel Congress, 
 402. 
 
 Dimmick, William II., Representative in Thirty Sixth Con- 
 gress, 48. 
 
 Direct Taxes, proposed constitutional amendment respect- 
 ing, 592. 
 
 DispaUh, Richmond, on reconstruction, 330; on amnesty, 
 331. 
 
 District of Columbia, bill to reorganize militia of, 77; 
 compensated emancipation in, 212, 213. 
 
 Disunion, the conspiracy of, 389-39.1; an early threat of 
 disunion, extract from Senator Blaclay's journal, 389 ; 
 General Jackson's letters to Rev. A. J. Cra\vford, 389, 
 and to Colonel James A. Hamilton, 435; Thomas H. 
 Benton's views, 390; Henry Clay's, 390; Nathan Ap- 
 pleton's, 390 ; extract from speech of Ex-Governor 
 Francis Thomas, and extract from the JVatio.al Intelli- 
 gence}; concerning. 390; early hopes of the rebels, 
 390 ; extract from the speech of BIr. Lawrence M. Keitt, 
 390; recently-found letters in Fredericksburg, 390; 
 proceedings of a Democratic meeting in Philadelphia 
 in January, 1861, note., 390; letter of ex-President 
 Franklin Pierce to Jeff. Davis, of January 0, 1860, 
 391 ; extract from the National Jntelliyeiiccr of Janu- 
 ary 11, 1861, and letter of " Eaton," disclosing the pro- 
 gramme of, 391 ; despatch to the Charleston Mercuri/ 
 of January 7, 1860, disclosing plans of, 391, 392 ; letter 
 of Mr. David L. Yule<!,and resolutions referred to. and 
 comments of New York Times on, 392; Mr. James L. 
 Pugh's confession, 392; Stephen A. Douglas's farewell 
 words, 392; the conspiracy in Maryland, 392-400; 
 Marshal Kane's despatch to Bradley T. Johnson, and 
 reply, note, 392 ; arrest of Marshal Kane and the Board 
 of Police of Baltimore, by General Banks, mentioned, 
 393; extracts from the minutes of the Police Commis- 
 sioners, and from their Letter Book, found in their 
 office, 393; proceedings of the Maryland Legislature of 
 1861, 396-398— see "Secession." 
 
 Dix, John A., Secretary of the Treasury, 28 ; bids for public 
 loans, 366; major general, seizure of newspaper offices 
 in New York, arrest, and subsequent proceedings, 192- 
 194 ; proclamation in Virginia, 248 ; orders and letters 
 concerning elections, 308, 309; orders of, in Beall and 
 Kennedy cases, 561-553. 
 
 Dixon, Emmet, Clerk of Rebel House, First Congress, 402. 
 
 Dixon, James, Senator in the Thirty-Sixth Congress, 48; 
 Thirty-Seventh, 122; Thirty-Eighth, 140; proposed 
 Constitutional amendment so as to authorize the tax- 
 ing of exports, 592; explanation of, note, 593. 
 
INBEX. 
 
 633 
 
 DiS"N, Nathan, Representative in Tbirty-Eightn Congress, 
 
 DocK-\HRDS of United States, employment of slaves in. 238. 
 
 Dodge, Augustus C , vote for Vice President in Democratic 
 National Cunvention,420. 
 
 1J0DGK,G::0RGE P., Provost ra.ar.shal, arrests by, 152; Gene- 
 ral Dix's order to, SOS, ".09. 
 
 Dodge. William E., Member of Peace Conference, 67. 
 
 IiOMPHAX, Atexander W., Member of Peace Conference, 68. 
 
 Donxellt' IgN-^tius, Representative in Tliirty-Eighth Con- 
 g\-es3, 141. 
 
 Doolittle, James R., Senator in Thirty-Sixtli Conjjress, 48 ; 
 Thirty-Seventh, 122; Thirty-Eighth, 140: Member of 
 Peace Conference, CS ; of Committee of Thirteen, 70; 
 proposition respecting secession, 63; amendment to 
 fugitive slave law, 70; explanation of votes, note, 243; 
 amendment to enrollment hilt, respecting Indians, 264; 
 amendment to " legal tender" bill, 358. 
 
 DoRTCH, George T., Senator in First Rebel Congress ; 401 ; 
 Sec >nd, 402; election of successor, Oil. 
 
 DotTDLEDAY. Abxer, General, order forbidding the rendition 
 of fugitive slaves, 250. 
 
 DouGL.is, Stephen A., Senator in Thirty-Sixth Congress, 
 48; vote of, for President, in 1S60, 1 ; member of Com- 
 mittee of Thirteen, 70; hopeful despatch of, to James 
 Barbour, 39; propositions in Senate Committeeof Thir- 
 teen, 72; amendment respecting conspiracies, 71 ; his 
 farewell words, 392. 
 
 Douglass, Frederick, Letter to Cleveland Convention, 413. 
 
 Deaft.5, the several, ordered, 115, 270, 604; orders of 
 Secretary of War to enforce, 272 ; Pi-esident's proclama- 
 tion concerning, 272; judicial decisions respecting con- 
 stitutionality, 272-274; instmctions to United States 
 Marshals, 272; Governor Seymour and, 274; General 
 McClellan on, 274; R. B. Marcy's despatch on, 274; 
 Generals Grant and Sherman on draft of 1S64, 435; 
 Secretary Stanton's order suspendinrr, note, G04. 
 
 Driggs, Johx F., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Droutn de l'IIuts, M., Letter of. to 31. Jlercier, on media- 
 tion, (extract.) 345; Secretary Seward's reply, 345, 316; 
 circular letter respecting the relation of France to the 
 American Government, o54. 
 
 Duell, 11. Holland, Rei)resentative in Thirty-Sixth Con- 
 gress, 48 ; Thirty-Seventh, 122. 
 
 Dulce Domingo, Captain General of Cuba, letter respecting 
 the Arguelles case, 355. 
 
 DuMONT, Ebenezer, Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Duncan, Alexander, Member of Peace Conference, 67. 
 
 DUNLAP, George W., Representative in Thirty-Seventh Con- 
 gres.s, 122; on compensated emancipation. 213-217. 
 
 Dunn, William McKee, Representative in Thirty-Sixih 
 Congress, 49; Thirty-Seventh, 122; member of Com- 
 mittee of Thirty-Three, 53; adjustment proposition, 54. 
 
 DuPRE, Lucius. J., Representative in First Rebel Congress, 
 401 ; Second, 402. 
 
 Durant, C. J., arrest of, 153. 
 
 Ddrkiid, Cn.iRLES, Senator in Thirty-Sixth Congress, 4S; 
 member of Peace Conference, 63. 
 
 E.1RL Russell, to Lord Lyons on Rebel appeal for recogni- 
 tion, 27; on Trent affair, 338-."42; Lord Lyons, to, re- 
 specting New York democrats or conservatives on 
 foreign'mediation in American affairs, 347, 348. 
 
 East Tennessee, Col. W. M. Churchwell's order to people 
 of, 121 ; bridge-burning order of Judah P. Benjamin, 
 and arrests in, 187. 
 
 East Tennessee Churches, Reconstruction of, 545, 546. 
 
 Eaton, J. D., vote for Vice President at Democratic Na- 
 tional Convention, 420. 
 
 " Eaton." Conmninication of, revealing proceedings of dis- 
 union caucus, 391 ; understood to be, nnte. 301. 
 
 EcnoL", J. U., Representative in Second Rebel Congress, 
 402. 
 
 Eceeut, Thomas T., Major, connection with Hampton 
 Rdads Conference, 667, 568. 
 
 Eckley, Ephraim R., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Eden, John R., Representative in Thirtj'-Eighth Congress, 
 140. 
 
 Edgerton, Joseph K., Representative in Thirtj'-Eighth 
 Congress, 140; resolutions denounciug coercion, &c., 
 230 : on emancipation proclamation, itc, 231 ; on con- 
 stitutional powers, 573. 
 
 Edgerton, Sidney, Representative in Thirty-Sixth Con- 
 gress, 49; Thirty-Seventh, 122; substitute for resolu- 
 tion of thanks to Captain Wilkes, 313 
 
 Edmcndson. Henry A, Representative in Thirty-Sixth Con- 
 gress, 49; address to tlie people of Virgini.a. 40. 
 
 Edwards. TnoMAS M., Representative in Thirty-Sixth Con- 
 gress, 48 ; Thirty-Seventh, 122. 
 
 Elder, \Tm. Henrt, Bishop of Natchez, Protest of, against 
 certain military orders, 538-,041. 
 
 Eldkidge, Charles A., Representative in Thirty-Eighth 
 Congress, 141 ; resolution on political arrests, 183; on 
 enrollment, 271; on commutation, 271. 
 
 Electio.\, of President, in 1860,1; in 1864,623; propositions 
 concerning the, 64, 55, 57, 73. 87, 255, 256, 573, 574. 
 
 Elections, military orders respecting, 308-316, 445 ; bill to 
 prevent officers of army and navy from Interfering in, 
 315, 316, 566. 
 
 Electoral vote of Rebel States, action respecting, 319, 577, 
 678 ; President Lincoln's message respecting, 579— eee 
 " Reconstruction." 
 
 Eliot, Thomas D., Representative in Thirty-Sixth Congress, 
 48; Thirty-Seventh, 122; Thirty-Eighth, 140; bill to 
 repeal fugitive slave law in Thirty-Third Consress. 235; 
 joint resolution on the objects of the war, 287 ; bill to 
 establish bureau of Freedmen's affairs, 260; coufisca- 
 tiou and emaucipatijn bills, 198-202; proposition on 
 reconstruction, 577 ; relative to Louisiana case, 581. 
 
 Elkins, Joseph, arrest of, 153. 
 
 Ell:;t, Henry J., declined as Rebel PostmasterGeneral, 400. 
 
 Ellii^t, John M., Deputy in Rebel Provisional Congress, 
 400: Representative in First Congress, 401; Second, 402. 
 
 Elliot, Robert, Secretary Seward's letter on arrest of, 154. 
 
 Ellis, E. W. H., Member of Peace Conference, 68. 
 
 Ellis, John W , Governor of North Carolina, reply to 
 President Lincoln's call, 114. 
 
 Elmore, J. A., Commissioner from Alabama to South Caro- 
 lina, 11. 
 
 Ely, Alfred, Representative in Thirty-Sixth Congress, 48; 
 Thirty Seventh, 122. 
 
 Emancipation, to follow secession, prophecy of, by Alex- 
 ander U. Stephens. 25. 
 
 Emancipation bill, reported, 199 ; amendment of Mr. F. P. 
 Blair, Jr., 199, 200; fubstitute of Mr. Sedgwick, 200; 
 substitute of Mr. Walton, 200; substitute of Mr. J. S. 
 Morrill, 200, 201; v.iteon origimil, 201 ; vote reconsid- 
 ered and bill reccmmitted witli instructions offered by 
 Mr. Albert G. Porter, 201 ; another bill reported, 201 ; 
 suljstituto of Mr. J. A. Bingham, 201, substitute of 
 Mr. Walton, 202. 
 
 Emancipation, compensated, James B. McKean's resolu- 
 tion in 'ihirty-Sixth IJongress, 203; President's Mes- 
 sage, March 6, 1S02, 203; votes in House and Senate oa 
 resolution proposing, to Border Slave States, l09, 210; 
 interview between the President and some Border 
 slave States Congre.ssmen, 210, 2U; in District of Co- 
 lumbia, 211, 213 ; colonization clanso of said bill re- 
 pealed, with report on, nnte, 212; President's Message, 
 and amendatory bill, 213; Select Committee on com- 
 pensated emancipation, 213; President's appeal to the 
 Border slave States Congressmen, with their replies, 
 213-220 ; extracts from the President's second annual 
 Message, 220-224; the Missouri bill, 224-226; the Ma- 
 ryland bill, and sub-sequent action by the people of 
 Maryland, 226, 227 ; resolutions of Mr. Rollins of Mis- 
 souri, 591. 
 
 Emancipation Proclamations, of the President, September 
 22, 1862, 227 ; January 1, 186.3,228; votes thereon in 
 House, 229; in Senate, 318; Mr. Clark's, Mr. Wilson's, 
 and Mr. Arnold's bills respecting, 229; resolutions re- 
 specting, 250, 231 ; visit of the Chicago deputation to 
 the President respecting its issue, 2.31, 232; Mr. Bout- 
 well's statement in House, 232; address ofloyal Gov- 
 ernors, 232; letters from Mr. Sumner and Blr. Love- 
 joy, 2:i3; the President's modification of General Fre- 
 mont's proclamation, and correspondence respecting, 
 245-247; re-scinding of General Hunter's, 250; Alexan- 
 der II. Stephens's prediction of, 25; Unitarian Conven- 
 tion of 1863 upon, 548 ; military cases under, 548, 551. 
 
 English, James E., Representative in Thirty-Seventh Con- 
 gress, l.;2; Thirty-Ei-hth, 140. 
 
 English, T. R., Remarks in South Carolina Convention, 17; 
 vote on secession, 308. 
 
 English, William U., Representative in Thirty-Sixth Con- 
 gress, 49; adjustment proposition of, 54. 
 
 Enlist.ments, alleged, foreign, 343. 
 
 Enquirer, Cincinnati, excluded from Kentucky, 192. 
 
 Enquirer, Richmond, denunciation of Convention bill, 5 ; on 
 fall of Sumter, 114; on terms of peace, 305 ; on negro 
 soldiers, 428, 429. 
 
 Enrollment act of March 3, 1863, 115 ; of February 24, and 
 July 4, 1864, 116, 117 ; colored persons liable to, 116; 
 certain aliens liable to, 116; all votes upon passage of, 
 261-270 ; proposition to enroll persons between forty- 
 five and fifty, 268 ; reports of Secretary of War and 
 Provost Marshal General respecting operation of, luttt, 
 263; judicial decisions upon, 272-274; punishment of 
 an editor for publishing articles against, 562; act of 
 March 3, 1S66, and votes upon, and on resolutions con- 
 cerning. 563, 564. 
 Enrollment of free negroes and slaves in rebeldom, 281, 
 282,427,428,611,612. 
 
634 
 
 INDEX. 
 
 rxROLLMENT, REnEL, i18, 119, 619— SCO "Consciiiition." 
 
 Escape of fnKitivo slavos, 1S50 to 1S60, 207. 
 
 Ethekidge, Kmerson. llepresentative in Thirty-Sixth Con- 
 gress, 49 ; adjustment proposition of, 50; Clerk of the 
 House Tliirly-Sevcnth Congress, 122; one of the Ten- 
 nessee protesters, 438-441. 
 
 Evangelical Association, General Conference of 1SG.3, 501, 
 502 
 
 Evans, Lemuel D., understood to be " Eaton" in the A'a- 
 tinnal Intelligencer of January, 1S61, revealing the 
 proceedings of the disunion caucus, 391. 
 
 EwiNO, George W., Deputy in Itebel Provisional Congress, 
 400; representative in First Rebel Congress, 401; 
 Second, 402. 
 
 EwiNG, Thomas, Member of Peace Conference, 6S. 
 
 Examiner, Richmond, on full of Sumter, 114; on Wright's 
 pftxce proposition, 305 ; on the .North, 300. 
 
 Exports, proposed constitutional amendment to 
 the taxing of, 259, 692, 593. 
 
 Fall, George R., Commissioner from Mississippi to Ar- 
 kansas, 11. 
 
 FARNbwoRin, .John F., Representative in Thirty-Sixth Con- 
 gress, 49; Thirty-Eighth, 140; resolution concerning 
 unemployed generals, 2S5. 
 
 Fakrak, Bernard G., Colonel, order of, at Natchez, and 
 protestor the Bishop, 538-541. 
 
 Farrow, James, Representative in First Rebel Congress, 
 402; Second, 402. 
 
 Farwell, Nathan A., Senator in Second Session Thirty- 
 Eighth Congress, 559. 
 
 Fearn, Thomas, Deputy in Rebel Provisional Congress, 11, 
 400; retired, 400. 
 
 Featherston, William S., Commissioner from Mississippi 
 to Kentucky, 11. 
 
 FfiNTON, Reuben E., Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Sevoiith, 122; Thirty-Eighth, 140; 
 proposition of adjustment, 50; substitute lor tax sec- 
 tion of national currency bill, 304. 
 
 Ferna.vdi.va, opened to trade, 149. 
 
 Ferrv, Orris S., llepresentative in Thirty-Sixth Congress, 
 4S; Member of Committee of Tliirty-three, 50; report, 
 58. 
 
 Fessenden, Samuel C, Representative in Thirty-Seventh 
 Congress, 122; resolution approving the emancipation 
 proclamation, 220. 
 
 Fessendex, Thomas A. D., Representative id Thirty-Seventh 
 Congress, 123. 
 
 Fessenden, William Pitt, Senator in Tliirtv-Sixth Con- 
 gress, 48; Tliirtv-Wi'ventli, 121; Thirtv-Ei'j;hth, 140; 
 Thirty-Ninth, 55'.>: MumLcr of Peace (.'.uilerence, 07 ; 
 amendment to liill to authnrizo tlio s:ile of arms to 
 States, 30; Secretary of t lie Treasury, lOS. 
 
 Field, A. P., claimant of seat in Thirty-Eighth Congress, 
 and reports upun, 141, 586. 
 
 Field, David Dudlev, Member of Peace Conference, 67 ; 
 proposition on secession, 09. 
 ■ Field, RicaARD S., Senator in Thirty-Seventh Congress, 
 123 ; superseded, 123. 
 
 Finances, Rebel, 368-373, 619. 
 
 Finances, United States, 350-308, 600, 601. 
 
 FlNCK, William E., Representative in Thirty-Eighth Con- 
 gress, 140; resolutiou on tlie war, 289. 
 
 FiNEGAN, Joseph, Letter of Mr. D. L. Yulee to, 392; vote 
 on secession ordinance, 393. 
 
 FiSHBACK, William M., claimant of a seat in Senate, Thirty- 
 Eighth Congress, 141 ; action of Senate, 320, 021 ; vote 
 in Arkansas convention on secession, 399; President's 
 letter to. 322. 
 
 Fisher, George P., Representative in Thirty-Seventh Con- 
 gress, 122 ; on Select Committee on compensated eman- 
 cipation, 213; views on, 217, 218. 
 
 Fishing Bounties, discussed, 21 ; votes on abolishing, 375, 
 376,002; prohibited iu '• Confederate" Constitution, 98, 
 100. 
 
 Fitch, Graham N , Senator in Thirty-Sixth Congress, 48. 
 
 FiTZPAiEicK, Be.njamin, Senator in Tliirty-Sixth Congress, 
 48; withdrew, 4; intermediary between Col. Ilayne 
 and President Buchanin, 32. 
 
 Flaq of the Umted States, ordered to be suppressed in 
 Baltimore, 394. 
 
 Flanders, Benjamin F., Representative in Thirty-Seventh 
 Congress, 123. 
 
 Florence, Thomas B., Representative in Thirty-Sixth Con- 
 gress, 48 ; adjustment proposition of, 56. 
 
 Florida, vote lor President in ISOO, I ; members of Thirty- 
 Sixth Congress, 48, 49 ; Deputies in Rebel Provisional 
 Congress, 11, 400; Members of First C ingress, 401; 
 Second, 402; secession movement in, 3; seizures and 
 surrenders, 27; vote on secession ordinance, 399; con- 
 tribution of men to the war, 30'.). 
 
 Flotd, John B., Secretary of War and resignation, 38 ; iu- 
 
 Btrnctions to Major Anderson, 31; removal of public 
 arms, 34, 3D ; authorized to raise rebel troops, 120. 
 Foot, Solomon, Senator in Thirty-Si.xth Congress, 48; 
 
 Thirty-Seventh, 122; Thirty-Eighth, 140. 
 FooTE, Henry S., Representative in First Rebel Congresa, 
 402; Second, 402; peace propositions, 303, 304; views 
 on retaliation, S04; expelled, 611; resolutions for a 
 Convention of the States, 617. 
 Forbes, Joh\ M., Member of Peace Conference, 67. 
 Ford, S. II., Deputy in Rebel Provisional Congress, 400. 
 
 Foreign enlistments, alleged, 34-3-345. 
 
 Foreign mediatio.v, suggested, offered and declined, 345- 
 348 : resolutions of Congress upon, 347 ; letter of Lo.d 
 Lyons to Earl Russell stating views of New York demo- 
 crats or conservatives upon, 347, 348. 
 
 Foreign relations. United States, 338-355. 
 Forney, John ^V., Secretary of the Senate, 121. 
 
 Forsyth, John, rebel commissioner to Washington, 108. 
 
 Fort Sumter, surrendered, 27 ; surrender demanded by 
 Governor Pickens, and correspondence, 32; Mobile 
 Mrcurt/ on bombardment of, 112; Pryur's declaration, 
 112; Jeremiah Clemens's, 112; correspondence prece- 
 ding bombardment between Anderson and Beaure- 
 gard, 11.3, 114; Anderson's report, 114; rebel press on 
 lall, 114. 
 
 Fortress Monroe, Governor Letcher's designs upon, 28 
 
 Forts and Arse.\als, Hunter's proposal to retrocede, 80; 
 President Lincoln's purpose to repossess, 114. 
 
 Foster, Lafayette S., Senator iu Tliirty-Sixtli Congress, 
 48; Thirty-Seventh, 122; Thirty-Eighth, 140. 
 
 Foster, Stephen C, Representative in Tiiirty-Sixth Con- 
 gress, 48 ; member of Peace Conl'erence, 07. 
 
 Fo8Ti:r, Thomas J., Representative in First Rebel Congress, 
 401 ; Second, 402. 
 
 FouKE, Philip B., Representative in Thirty-Sixth Congress, 
 49; Thirty-Seventh, 122. 
 
 Fowler, As\, Member of Peace Conference, 67. 
 
 Franchot, Ricn.ARD, Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh, 122. 
 
 Francis, John T., Receiver under rebel sequestration, 201. 
 
 Frank, Augustus, Representative in Thirty-Sixth Congress, 
 4S; 'Ihirty-Seventh, 122; Thiity-Eighth, 140. 
 
 Franklin, J. R., Request for special session of Maryland 
 Legislature in 18G1, 8. 
 
 Franklin, Thomas E., Member of Peace Conference, 68; 
 propusiticm in, on secession, 69. 
 
 Frazier, Captain, allusion to, 311. ^ 
 
 Freedmen's Ari-Air.s, Bureau of, 259, 260, 594, 595. 
 
 Freeman, Thomas W., Deputy in Rebel Provisional Con- 
 gress, 400 ; Representative in First Congress, 402. 
 
 Freeman^s Journal, presented by grand jury and excluded 
 from the mails, ISS ; report upon, 188-1^)1 ; Arclibishop 
 Purcell upon, 503. 
 
 Free Methodist Cuubch, New York Conference of, 500, 
 501. 
 
 Free Negroes, Mr. Rives's desire to enslave, 282 ; legisla- 
 tion upon, iu rebcldom, 282. 
 
 Frelinohuvsen. Frederick T., member of Peace Confer- 
 ence, 67 
 
 Fremont, JohnC, Major General, emancipation proclama- 
 tion and special military order of, and correspondence 
 concerning, 245-247; nominated lor President, 412; 
 acceptance 4 3 ; letters of witlidx-awal, 425-427. 
 
 French, Ezra B., Representative in Thirty-Sixth Congress, 
 48 ; member of Peace Conference, 67. 
 
 French in Mexico, action of Congress and the Administra- 
 tion, 348-054; Mr. DeJaruette's resolution upon, 617, 
 CIS. 
 
 French mediation, proffered and declined, .345, 346. 
 
 Friend, or Quaker Church, declarations of, 503, 504. 
 
 Fry, Ja.-«i;s B., Provost Marshal General, order respecting 
 elections, 30 J; rejjort on commutation clause, noie, 263; 
 on furloughing drafted clergymen, 561. 
 
 Fugitive Slave Laws, contlicting views in Scith Carolina 
 Convention, 18 ; amendment reported by House Com- 
 mittee of Thirty-three, 61 ; propositions respecting in 
 Senate Comniitteo of Thirteen, 70; votes on acts of 
 1793 and 1850, 204 ; the several bills to amend or re- 
 peal, and resolutions relating thereto, 231-236; pro- 
 ceedings and votes, in Simate and House, on the repeal- 
 ing bill, 230, 237 ; Attorney General Bates's opinion 
 respecting enforcement of, note, 235. 
 
 Fugitive slaves, ord<'rs eonceruing, in District of Colum- 
 bia, 245 ; General llalleck's order No. 3, explanation of, 
 and vote in Congress concerning, 248, and nnle, 253, 
 2.j4; llalleck's proclamation e.\cluding them from 
 c imps, 250; General Buell's letter, offering to return, 
 2:0; (ieneral Hooker's order directing return and re- 
 pnrt of f.u-ts respecting, 250; General Doubloday's oi^ 
 der forbidding return, 250; General Williams's order 
 to turn out ail. andarrest of Col. E. P. Paine for refus- 
 ing to obe.\, 2Jl; Lieut. Colonel D. R. Anthony's order 
 concerning, and arrest, 251; President Lincoln's order 
 to General Scholield, respecting, 252, 253; General 
 
INDEX. 
 
 635 
 
 Grant's orders, 443, 444; escapes of, between 1850 and 
 lb»), 237. 
 
 Fugitives from justice, bill respecting, 61. 
 
 FuLLEE, E. N., fine of for publishing articles against tho en- 
 roUniont liiw, 502. 
 
 Fuller, Thom.\s C, Uepresentative in Second Rebel Con- 
 gress. 402, 
 
 Funding act, Rebel, 368-370. 
 
 Fu.NSTEN, David, Representative in First Rebel Congress, 
 402; Second, 402. 
 
 » 
 
 Gaither, Buroess S., Representative in First Rebel Con- 
 gress, 402; Second, 402. 
 
 Gansox, John, R( piesentative in Thirty-Eighth Congress, 
 140; resolution relative to arrests of citizens, 560. 
 
 Gardenhire, E.L., Representative in First Rebel Congress, 
 402. 
 
 Garfield, James A , Reiiresentative in Tbirty-EiRlith Con- 
 gress, 140; amendment to the enrollment bill, 269; 
 proposition ou reconstruction, 319. 
 
 Garland, Augustus II., Deputy in Rebel Provisional Con- 
 gress, 400; Representative in First Congress, 401; 
 Second, 402; Senator in same, 402; votes in secession 
 convention of Arkansas, 399. 
 
 Garland, Rupus K., Representative in Second Rebel Con- 
 gress, 402 ; votes in secession convention of Arkansas, 
 399. 
 
 Garungton, Albert 6., Secretary of Interior of the Re- 
 public of South CaroliuH, 2. 
 
 Garnett, Muscoe R. II., Representative in Thirty-Sixth 
 Congress, 49; address to the people of Virginia. 40 ; 
 remarks upon Peace Conference proposition, 70; Rep- 
 resentative in First Rebel Congress, 402; death, 402. 
 
 Gaeeett, John W., Commissioner from Alabama to North 
 Carolina, 11; received by Convention, 5. 
 
 Garrison, Judge, of Brooklyn, Pioceedings of, 152. 
 
 Gartrell, Lucius J., Representative in Tliirty-Si.\th Con- 
 gress. 49; sent telegram South, 37; withdrew, 3; 
 Representative in First Rebel Congress, 401 ; Second, 
 402. 
 
 Gatchell, William n.. Police Commissioner, arrest of, and 
 reason for, 152; minutes of Board, 393, 3'J4. 
 
 Generals unemployed, proceedings in Congress concern- 
 ing, -85; joint resolution proposed, to drop from the 
 rolls of the army certain, '.85, 565, 566 ; reply of Sec- 
 retary of War to resolution of inquiry concerning, 
 285. 
 
 Gentry, Meredith P., Representative in First Rebel C on- 
 gress, 402. 
 
 Georgia, vote of, for President, in 1860,1; members of 
 Thirty-Sixth Congress, 48, 49; Deputies in Rebel Provi- 
 sional Congress, 11, 400 ; Members of First Rebel Con- 
 gress, 401; Second, 402; secession movement in Con- 
 vention and Legislature of, 3; ratified Confederate 
 Constitution, 3; Inter-State Commissioners, 11 ; Su- 
 prt me Court confirm the constitutionality of the anti- 
 substitute law, 120: peace measures and discussion 
 in Legislature, 304, 621, 622; action of Legislature on 
 reconstruction, 329; habeas corpus, 399; men in the 
 army, 399. 
 
 German Reformed Church, action of, 482. 
 
 Gholson, Thomas S., Representative in Second Rebel Con- 
 gress, 402. 
 
 Gilbert, Colonel, resolution respecting his dispersion of 
 a convention in Kentucky, 181. 
 
 Giles, Tho.mas T., Receiver under rebel sequestration, 204. 
 
 Gilmer, Frank, Commissioner from Alabama to Virginia, 
 
 filLMER, John A., Representative in Thirty-Sixth Congress, 
 49; member of Border-States Committee, 73 ; Repre- 
 sentative in Second Rebel Congress, 402. 
 
 GiLMORE, James R., Jeff. Davis's declaration to, 307. 
 
 Gist, William H., Governor of South Carolina, message of, 
 2; vote on secession ordinance, 399. 
 
 Glass, R. II., Postmaster at Lynchburg, Va., and New York 
 Tribune, 192. 
 
 Glenn, Luther J., Commissioner from Georgia to Missouri, 
 11; received by Blissouri Convention. 9. 
 
 Glover, John J., of Arkansas, court-martial proceedings for 
 murder of a slave master, 550, 651. 
 
 GoGGiN, William L., Speech of in Virginia Convention, 6; 
 vote on secession ordinance, note, 1 . 
 
 Gold, motion to pay soldiers in, or equivalent, 272; propo- 
 sition to pay officers, soldiers, contractors for supplies 
 in, 358; Mr. Chase's letter, respecting redemption of 
 public loans, in, note, .367. 
 
 Goldsborough, William T., Member of Peace Conference, 
 68. 
 
 GoocH, Daniel W., Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh. 122; Thirty-Eighth, 140. 
 
 GOODE, John, Jr., resolution of, in Virginia Convention. 6 ; 
 vote on ordinance of secession, x^', 7 ; Representative 
 ju First Rebel Congress, 402; Sec<;ud, 402. 
 
 GooDRFCH, John /., Member of Pe.ice Conference, 67. 
 
 Goodwin, John N., Representative in Thirty-Seventh Con- 
 gress, 122. 
 
 Gordon, J. H., arrest of, 152, 153. 
 
 Governors, of the northern States, responses of, to the 
 President's call for troops, 114; of southern States, 
 defiant responses of, to same, 114, 115 ; address of loyal 
 Governors, 232, 233 ; address of rebel, 4:;0. 
 
 Graham, James U., Representative in Thirty-Sixth Coa- 
 gress, 48. 
 
 Graham, Malcolm D., Representative in First Rebel Con- 
 gress, 402. 
 
 Graham, William A., Senator in First Rebel Congress, 401 ; 
 Second, 402. 
 
 Granger, Bradley F"., Representative in Thirty-Seventh 
 Congress, 122. 
 
 Qrangek, Gideon, Letter of, respecting colored mail carriers, 
 note, 239. 
 
 Grant, Ulysses S., appointed Lieutenant General, 110; Lu- 
 cius Robinson suggested his nomination at Cleveland, 
 413; letter to President Lincoln on his campaign of 
 1804,425; his Memphis letter accepting a reception, 
 434; letters to Mr. E. B. AVashburne on slavery and re- 
 construction, 434; on tho draft, 434; on protecting 
 colored soldiers, 445 ; orders respecting fugitive slaves, 
 443,444; despatches resijecting Hampton Roads Con- 
 ference, 567, 568 ; letter of Augiist 30, 1862, on recon- 
 struction, ?)0<c, 571; correspondence with General Lee 
 respecting military convention, 572, 573. 
 
 Gray, Peter VV., Representative in First Rebel Congress, 
 402. 
 
 Greeley, Horace, Correspondence of, and a Virginia post- 
 master, respecting suppression of the Tribune, 192; 
 President's letter to, 334; the Niagara Conference, 301- 
 303; letter to President Lincoln preceding it, 603. 
 
 Green, James S., Senator in Thirty-Sixth Congress, 48; 
 telegram to Missouri on first vote on Mr. Crittenden's 
 adju-«tment proposition, 39. 
 
 Green, N. U., request for special session of the Legislature 
 of Maryland, 8. 
 
 Gregg, John, Deputy in Rebel Provisional Congress, 11, 
 400. 
 
 Gregg, JIaxcy, remarks in .South Carolina Convention, 17 ; 
 vote on seeessiim ordinance, 399. 
 
 Gkider, 11 ENUv,Ripreseiitiitive in Thirty-Seventh Congress, 
 122; Thii ly-Kighth, 140; on compensated emancipa- 
 tion, 213-217 ; resolutions relative to compensation of 
 loyal slave-owners, 505. 
 
 Grier, Robert C, Judge, charge, respecting the suppression 
 of tlio Weft Chester (Pa.) J effersmian, 431-442 ; opinioD 
 on "legal tender" act, 454, 455. 
 
 Grimes, James W., Senator in Thirty-Sixth Congress, 48; 
 Thirty-Seventh, 122; Thirty-Eighth, 140; member of 
 Peace Conference, 68; of Committee of Thirteen, 70; 
 proposition for constitutional convention, 6i; bill for 
 relief of Robert Small, 239; amendments to enrollment 
 bill, 264, 265; resolution relating to the w:ir, 291. 
 
 Gkinnell, Josiah B., Representative in Thirty- iOi-hth Con- 
 gress, 1-10; resolutions approving the enlistment of 
 colored persons, 271, touching General J. M. Tuttle's 
 Natchez order, 253, on newspaper suppression, 194, 
 on confiscating deserters' property. 564. 
 
 Griswoij), John A., Representative in Thirty-Sixth Con- 
 gress, 140. 
 
 Groesbeck, William S., Member of Peace Conference, 68. 
 
 Grow, Galusha A., Representative in Thirty-Sixth Con- 
 gress, 48; Representative in, and Speaker of House, 
 Thirty-Seventh Congress, 122. 
 
 Guerrillas, legislation upon, 271; bill reported in the 
 House to punish, 271 ; proceedings upon in Senate, 271. 
 
 Guerrillas, Rebel legislation upon, 119; commission under, 
 119; Virginia resolutions i-especting, 119. 
 
 GuRLEY, John A., Representative in Thirty-Sixth Con- 
 gress, 49; Thirty-Seventh, 122. 
 
 Guthrie, James, Member of Peace Conference, 68; votes 
 for Vice President in the Democratic National Con- 
 ventii'n, 420. 
 
 Gwin, William M., Senator in Thirty-Sixth Congress, 48. 
 
 Gwinn, C. J. M., telegram respecting interview with Gen- 
 eral Kenton Harper, 393. 
 
 H 
 
 Habeas Corpus, writ of. Opinions of Chief .Justice Taney, 
 155-158; Attorney General Bates, 158-161; Horace 
 Binney, 161, 162; Theophilus Parsons, 162; suspension 
 of, in certain Ciises, 177 ; general suspension, 177, 178; 
 in Ilogan's case, 562; in Kentucky, 178; General Mc- 
 Clellan's order to Geneial Biiiiksio sus]iend, if neces- 
 sary, 179; power given lo Military fiiivernurs, 179; re- 
 solutions concerning. 182. l^:i; act for snspensiim, and 
 proceedings and votes upon, lS3-lS."i ; reply of Reverdy 
 Johnson to Chief Justice Taney, nntc, 155. 
 
 Habeas Corpus, Rebel suspensions of, 121; resolutions 
 
636 
 
 INDEX. 
 
 and legislation upon, 187, IRS. 618, 619 ; State Legis- 
 latures upon, 399; North Carolina Supreme Court on, 
 lliO. 
 
 flACKLEMAN, PLEASANT A., Member of Peace Conference, 68. 
 
 Hahn, Michael, Kepresentative in Thirty-Seventh Congress, 
 123; Free Stale Governor of Louisiana, 321 ; Message, 
 435; credentials of, as Senator, 088. 
 
 BAicnT, Edward, Representative in Thirty-Seventh Con- 
 gress, 122. 
 
 Hale, James T., Representative in Thirty-Sixth Congress, 
 48: Thirty-Seventh, 122; Thirty-Eighth, 140 ; member 
 of Border-States Committee, 73. 
 
 Hale, Joh\ P., Senator in Thirty-Sixth Congress, 48; 
 Thirty-Seventh, 121; Thirty-Eighth, 140; motion to 
 amend bill to repeal fugitive slave laws, 237. 
 
 Hale, Stephi:n F., Commissioner from Alnbama to Ken- 
 tucky,ll;Deputyin Rebel Provisional Congress, 11,400. 
 
 Hall, Cuapin, Representative in Thirty-Sixth Congress, 48. 
 
 Hall, Hiland, Member of Peace Conference, 67. 
 
 Hall, Thomas W., arrest of, 153. 
 
 UiU.L, WiLLARD P., Brigadier General, order respecting elec- 
 tions, 314. 
 
 Hall, William A., Representative in Thirty-Seventh Con- 
 gress, l.;3; Thirty-Eighth, 140; at Border State inter- 
 view with the President, 211 ; views on compensated 
 emancipation, 213-217. 
 
 Halleck, Henrt Wager, Major General, order and procla- 
 mation excluding fugitive slaves from his lines, and 
 explanation of the former, 248, 250. 
 
 Hamilton, Andrew J., Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Hamilto.n, J. A., General Jackson's letters to, 435. 
 
 Hamlin, Hannibal. Senator in Thirty-Sixth Congress and 
 resignation. 48 ; elected Vice President i« November, 
 1860, and Presidentof tlie Senate, Tliirty-Seventh .and 
 Thirty-Eighth Congresses, 122, 140; vote for Vice 
 President in Onion National Convention, 407. 
 
 Hammond, James H., Senator in Thirty-Sixth Congress, 48; 
 resignation, 2; extract from speech in 1858, 26. 
 
 Hampton Roads ConfepwENCE, facts respecting, 506-572. 
 
 Uanchett, Luther, Representative in Thirty-Seventh Con- 
 gress, 122; death, 123. 
 
 Handv, a. H., Commissioner from Mississippi to M.aryland, 
 and answer of Governor Hicks, 8; speech at Baltimore, 
 8; appointment of, 11. 
 
 Hankins, Isaac R., Member of Peace Conference, 68. 
 
 Uanlt, Thomas B , Representative in First Rebel Congress, 
 401 ; Second, 402, vote on Secession Convention of Ar- 
 kansas, 309. 
 
 Hardeman, Thomas, Jr., Representative in Thirty-Sixth 
 Congress, 49; withdrew, 2. 
 
 Harding, Aaron, Representative in Thirty-Seventh Con- 
 gress, 122; Thirty-Eighth, 140; views on compensated 
 emancipation, 213-217; resolution on State rights, 259; 
 propositiongtoprohibit the payment of colored soldiers, 
 284; resolutions on the insurrectionary States, 3.;7. 
 
 Harding, Charles B., Commissioner from Legislature of 
 Maryland to visit Jeffeisou Davis, and report of, 9. 
 
 Harlan, James, Senator in Thirty-Sixth Congress, 48; 
 Thiity-Sfventh, 122; Thirty-Eighth, 140; Member of 
 Peace Conference, 68; Secret iry of the Interior, 610. 
 
 Harllee, W. W., Postmaster General of the republic of 
 South Carolina, 2 ; vote on secession ordinance, 399. 
 
 Harpt.r, Kenton, Rebel general, telegrams from, 393. 
 
 Harrington, Henry W., Representative in Thirty-Eighth 
 Congress, 140; resolutions on habeas corpus, Ac, 182. 
 
 Harris, B. D., Member of Peace Conference, 67. 
 
 Harris, Benjamin G., Representative in Thirty-Eighth Con- 
 gress, 140 ; votes on his expulsion, and censure, 387. 
 
 Harris, Charles M., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Harris, iRA, Senator in Thirtj'-Seventh Congress, 122; in 
 Thirty-Eighth, 140; proposition relative to representa- 
 tion in tlie Electoral College, 578. 
 
 Harris, Isham G., Governor of Tennessee, proclamation of, 
 5 ; reply to President Lincoln's call for troops,*115. 
 
 Harris, J. Morrison, Representative in Thirty-Sixth Con- 
 gress. 49 ; Member of Border-States Committee, 73. 
 
 Harris, John T., Representative in Thirty-Sixtli Congress, 
 49; hopeful despatch of, 39; Member of Border-States 
 Committee, 73. 
 
 Harris, Thomas A., Deputy in Rebel Provisional Congress, 
 400 ; Representative in First Congress, 402. 
 
 Harris, William L., Commissioner from Mississippi to 
 Geurtria, 11. 
 
 Harris, AViley P., Deputy in Rebel Provisional Congress, 
 11, 400. 
 
 Harrison, James T., Deputy in Rebel Provisional Congress, 
 11,400. 
 
 Harrison, Richard A., Representative in Thirty-Seventh 
 Congress, 122. 
 
 II.iRRisoN, William G., arret of, 152; minutes of the 
 Board of Police Commissioners, 393, 394. 
 
 Hartridge, Jolien, Representative in First Rebel Congress, 
 401; Second, 402. 
 
 Hartsuff, George L., Major General, order respecting im- 
 pressments, 315. 
 
 Harvie, Lewis E., resolution and report in Virginia Con- 
 vention, 6; vote on secession, nofe, 7 ; commissioner in 
 making military league, 8. 
 
 Harwood, Spriqg, request for called session of the Legis- 
 lature of Maryland in 1861, 8; vote in Senate of Mary- 
 land on the an(i-slavery amendment, 697. 
 
 Haskin, John B., Represent.ative in Thirty-Sixth Congress, 
 48; adjustment proposition of. 53; Mr. Pendleton's 
 letter to, 422. 
 
 Hatcher, R. A., Representative in Second Rebel Congress, 
 402. 
 
 Hatton, Robert, Representative in Thirty-Sixth Con- 
 gress, 49 ; member of Border-States Committee, 73. 
 
 Hawkins, George S., Representative in Thirty Sixth Con- 
 press, 49; telegram South, 37 ; on House Committee of 
 Thirty-three and declined, 53; declaration on seces- 
 sion, 52; withdrew, 3; Mr. Yulee's allusion to, 392. 
 
 Hat, John, at Niagara Falls conference, 301-303. 
 
 Hatne, Isaac W.. Commissioner from South Carolina to 
 Washington, 32; correspondence with President Bu- 
 chanan, 32-34; vote on secession ordinance, 399. 
 
 IIatnes, Landon C, Receiver under rebel sequestration, 
 204: Senator in First Rebel Congress, 401 ; Second, 402. 
 
 Hatti. Bill for recognition of, 239 ; President Lincoln's re- 
 commendation of, 130. 
 
 Heckart, Frankun, arrest of, 152. 
 
 Heintzelman, Samuel P., Major General, order of, respect- 
 ing the sale of arma,no<e, 418. 
 
 Heiskell, Joseph B., Representative in First Rebel Con- 
 gress, 402; Second, 402. 
 
 Helmiok, William, Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Hemphill, John, Senator in Thirty-Sixth Congress, 48; in- 
 termediary between Colonel Ilayne and President Bu- 
 chanan, 32; Deputy in Rebel Provisional Congress, 11, 
 400 ; death, 401. 
 
 Hendf.rson, John B., Senator in Thirty-Seventh Congress, 
 123; 'Ihirty-Eighth, 140; reply to the President's ap- 
 peal to the Border States, 218-220; proposed amend- 
 ments to tho Constitution. 255 ; amendments to bill to 
 employ colored persons, 275; proposition iu Louisiana 
 case, 530. 
 
 Hendricks, Thomas A., Senator in Thirty-Eightli Congress, 
 140; motion on confiscation, 20j; motion on enroll- 
 ment, 264; amendment to bill to punish guerrillas, 
 271; amendment on the pay of soldiers, 278 ; on en- 
 rollment bill, 563. 
 
 Henry, Gustavus A., Commissioner for Tennessee in 
 leaguing lier with the Confederate States, 6; aid to 
 General PiMow, 401 ; Senator in First Rebel Congress, 
 401; Second, 402; on Declaration of Independence, 
 614; resolutions respecting peace, 015, 616. 
 
 Herald, Shasta, upon a Pacific republic, 42. 
 
 Herbkkt, Clark C. Representative in First Rebel Congress, 
 402; Second, 402. 
 
 Herrick, Anson, Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 niCKi:RS0N, William, Member of Peace Conference, 68. 
 
 Hickman. John, Representative in Thirty-Sixth Congress, 
 48; Thirty-Seventh, 122; proposition on colored sol- 
 diers, 376; Keitt's comment on Hickman's declaration 
 against disunion, 390. 
 
 Hicks, Thomas 11., Governor of Maryland, declined to call 
 special session of the Legislature, 8 ; reply to A. H. 
 Handy, Commissioner from Mississippi, 8; address 
 against secession, 9; letter of John B. Brooke and E. 
 G. Kilbourn to, asking that the Legislature be con- 
 vened, 9: letter to General Butler, reply of latter, and 
 protest of former, 9; proposed member of Board of 
 Public Safety, 9: reply to President's first call, 114; 
 Secretary Seward's letter to, on foreign mediation, 
 345 ; Senator in Thirty-Seventh Congress, 123; Thu-ty- 
 Eighth, 140; death, 559. 
 
 HiGBY, William, Representative in Thirty-Eighth Con- 
 gress, 141. 
 
 HiGGiNSON, T. W., Colonel, resolution concerning, 244. 
 
 Hill, Benjamin H., Deputy in Rebel ProvisionafCongress, 
 11,400; Senator in First Rebel Congress, 401 ; Second, 
 402 ; views on sequestration, 205. 
 
 Hill, Joshua, Representative in Thirty-Sixth Congress, 
 49 ; resigned, 3. 
 
 HiLLiARD, Henry W., Commissioner for Confederate States 
 in making the league with Tennessee, 5. 
 
 Hilton. Robert B., Representative in First Rebel Con- 
 gress, 401 : Second, 4o2. 
 
 HiNDM^N, Thomas C, Representative in Thirty-Sixth Con- 
 gress, 49; sent telegram south, 37 ; adjustment pro- 
 position of, 64; remark upon Peace Conference propo- 
 sition, 70. 
 
INDEX. 
 
 637 
 
 HiNKS, CrtARiES D., Police Conimissinnpr, arrRSt of, aud 
 rcas.iiis for, 152; minutes of l.ii:inl. Vm, -.V'i. 
 
 niTCHcocK, Reuben, Mciubcr of Peace Conference, 68. 
 
 Hoard. Charles B., Representative in Thirty-Si.\th Con- 
 gress, 48. 
 
 Hodge. B. L., Representative in Second Rebel Congress, 
 ami retired, 402. 
 
 EODOE, ftEouGE B., Member of bogus Legislative Council 
 of Kentucky, 8; Uepnty in Rel)el Provisional Con- 
 gre.ss, 400; Representative in Kirst Congress, 401; 
 Brigadier General, 402. 
 
 HODOES, A. O., Colonel, President Lincoln's letter to, 336. 
 
 HODGSo.v, John, damages for the seizure of his press, 441, 
 442. 
 
 HOGAN, Christopher, Order of President Lincoln on ira- 
 pris<jnment of, 002. 
 
 HOGAN, John, arre-t of. 15.3. 
 
 HOGAN, John, Reverend, explanatory note of President 
 • I.in'oln to, note, 622. 
 
 IlOKE, Mu.. elected adjutant general of North Carolina, 5. 
 
 Holcomue. Jam:.s P., vote on" secession ordinance in Vir- 
 ginia Convention, note, 7 ; coniinissiouer of Virginia in 
 milking a league with the Coniederate States, 8; Rep- 
 resentitivo in First Rebel Congi-ess, 402; Niagara Falls 
 correspondence, 301-303. 
 
 Holden, William W., card to the people of North Carolina, 
 7iotc, 30 i. 
 
 Holder, William D., Representative in First Rebel Con- 
 gress, 402: Second, 402. 
 
 Holladay. F. W. M , Representative in Second Rebel Con- 
 gress. 402. 
 
 Holman, William S., Representative in Thirtv-Sixth Con- 
 gress, 49; Tliiriy-Seventh, 122; Thirty Kighth. 140; 
 propositions of adjustment. 54, ;'G; iiropiLsition on com- 
 mutation, 261 ; substitute for tlie enrollnieiitbill, 261 ; 
 amendment to the army appropriation bill, 278; 
 amendment to homestead iiill, 2S4; resolution rospoct- 
 ing unemployed army officers, 28") ; resolution on nKiin- 
 taining the integrity of the Union, 2so; rcsolnti.in 
 afiSrraing the resolution of .T. J. Crittenden, adopted by 
 the House July 22, ISOl, 287 ; resolutions respecting 
 the prosecution of the war, 287, 288, 289, 292; amend- 
 ments to the loan bill, respecting 8tate t.ixation, 359, 
 360 ; proposed increase of pay of soldiers, 271. 
 
 H0L.ST0N Conference of Methodist Episcopal Church 
 SouTit, action of, 546. 
 
 "Holt, Hikes, Representative in First Rebel Congress, 401 ; 
 peace proposition, 303. 
 
 Holt, Joseph, Secretary of War, and resi<;ued as Postmas- 
 ter General, 28; letter to Fitzpntrick, Mallory, and 
 Slidell, in regard to Fort Sumter, 32; report on the 
 subject of quartering troops in the District of Colum- 
 bia, 81, 82; opinion on newspsiper exclusion from tlie 
 mails, 190; vote for Vice President in Union National 
 Convention, 407 ; report on secret orders, 445-454; on 
 Rev. James D. Armstrong's case, 542, 543; on sundry 
 courts-martial, 549-551; on release of prisoners, 559. 
 
 Homesteads for Soldiers, proceedings and votes respect- 
 ing, 284, 285. 
 
 Hooker, C. E., Commissioner from Mississippi to South 
 Carolina, 11. 
 
 Hooker, Josepm, General, order of, directing fugitive slaves 
 to be returned to their masters, 250. 
 
 Hooper, J. Johnson, Secretary of the Rebel Provisional 
 Congress, 400. 
 
 Hooper, Samuel, Representative in Thirty-Seventh Con- 
 gress, 123; Thirty-Eighth, 140. 
 
 Hopkins, A. F., Commissioner from Alabama to Maryland, 
 11. 
 
 Hopkins, John H., Bishop of Vermont, Protest of in House 
 of Bishops, and rejected pastoral letter of, 489-491; pro- 
 test of Pennsylvania Episcopalians against his defence 
 of slavery, 493, 494. 
 
 Hopkins, Judge, Richmond, John S. Preston's telegram to, 
 40. 
 ^HoppiN, William W., Member of Peace Conference, 67. 
 
 EoRTON, Valentine B., Member of Peace Conference, 68 ; 
 Representative in Tliirtv-Scventh Congress, 12'.J. 
 
 HoTCHKiss, Giles W., Representative in Thirty-Eighth 
 Congress, 140. 
 
 Hough, Harrison, Member of Peace Conference, 68. 
 
 House, John F., Deputy in Rebel Provisional Congress, 400. 
 
 HonsER, Edward, arrest of, l.'>3. 
 
 Houston, George S., Representative in Thirty-Sixth Con- 
 gress, 49; withdrew, 4; member of Committee of Thir- 
 ty-three, 53. 
 
 Houston, John W., Member of Peace Conference, 68. 
 
 Houston, Sam, Governor of Texas, deposed, 4; protest, 4. 
 
 Howard, Benjamin C, Member of Peace Conference, 68. 
 
 Howard. Charles, Police Commissioner, arrest of, and rea- 
 son for, 1.52; application to Congress and result, 179; 
 minutes of the board. 393, 394. 
 
 Howard County. (Md..^ meeting, in 1861, resolution for 
 Southern Confederacy, 9. 
 
 I ITowAFD, F. K.. arrest of. 152. 
 
 ilowvBD, Jaou Jl., .Senator in Thirty-Seventh Congress, 
 123; Tlurty-Eighth, 140; amendment to national cur- 
 rency act, 364. 
 
 Howard, William, Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Howard, William A., Representative in Tliirty-Sixth Con- 
 gress, 4t); resolution for Select Committee on Military 
 and Naval Affairs, chairman of, 80; report, 80; reports 
 of committee, 80-85. 
 
 Howe, Timotut O.. Senator in Tliirtv-Seventh Congress, 
 122; Thirty-Eighth, 140; bill to "repeal the fugitive 
 slave law, 235. 
 
 Hubbard, Asahel W., Representative in Thirty-Seventh 
 Congress. 140. 
 
 Hubbard, John II., Representative in Thirty-Eighth Con- 
 gres3,140; resolution to instruct the Judiciary Com- 
 mittee to report bill to repeal fugitive slave law, 236. 
 
 Hughes. George W., Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Hulburd, Calvin T., Representative in Thirty-Sixth Con- 
 gi ess, 140. 
 
 Humphrey, James, Representative in Thirty-Sixth Con- 
 gress, 48; member of Committee of 'J hirty-three, 53; 
 recommend itions of New York city members to, 74. 
 
 Hunt, Washington, Letter of George N. Sanders to, 3"0; 
 proposed resolution of at Democratic National Con- 
 vention, 418. 
 
 Hunter, David, Major General, emancipation proclamation 
 of, 250; President's revocation, 251. 
 
 Hunti;r, Robert M.T., Senator in Thirty-Sixth Congress, 
 48; address to people of Virgini.a, 40; member of Com- 
 mittee of Thirteen, 70 ; extract from speech at Char- 
 lottesville, 26; plan of adjustment of, 86-88 ; commis- 
 sioner of "Confederate" government in making mili- 
 tary league with Missouri, 11: colloqtiy with Senator 
 Bilker, 88; Deputy in Rebel Provisional Congress, 400; 
 Secretary of State in Provisional administration, 400; 
 Senator in First Congress, 401 ; Second, 402 ; notes at. 
 and report of, the Hampton Roads Conference, 567, 
 568, 569, 571 ; president of a war meeting in Richmond, 
 572. 
 
 Hunter, William W., United States Navy, denied the usa 
 of a fiteamtug in B.altiraore waters, 393. 
 
 IIuRLBUT, S. A., aiajor General, order respecting elections 
 iu Kentuclvy, 313. 
 
 UuTcniN-, John, Representative in Thirty-Sixth Congress, 
 4'.); Thirty-Seventh, 122; adjustment proposition, 55. 
 
 IIUTCHiNs, Wells A., Representative in Thirty -Eighth Con- 
 gress. 140. 
 
 Hver, Sa.muel, Deputy in Rebel Provisional Congress, 400. 
 
 Illinois, vote of, for President in 1860,1; in 1864, 623; 
 members of Peace Conference, 08; ofThirty-Sixth Con- 
 gress, 48, 49; of Thirty-Seventh, 122 ; ol-i^^hirty -Eighth, 
 140; no ''per-sonal liberty" law, 47 ; proposed negro 
 suffrage, and residence in, ko/p, 241; vote of legislature 
 on ratifying the anti-slavery amendment, 598. 
 
 Imports, Mr. Bingham's bill to provide for collection of 
 duties, 78; Mr. John Cochrane's, with his views, 79, 80. 
 
 Inaugural Addresses, Abraham Lincoln's, 105-108, 608. 
 
 Income Tax, special war, 357 ; Rebel, 370-372, 613, 614. 
 
 Incompatibility of civil and military office, 375. 
 
 Indemnity Act, passage of, 183-185 ; protest against by 
 thirty-seven Representatives, 185 ; sustained by New 
 York Supreme Court, 185, 186; like acts by Legislature 
 of Maryland, 396. 
 
 Independence, rebel demand of, and terms, 303, 307, 329- 
 332.614-618. 
 
 Index tO' the Constitutions of the United States and the 
 " Confederate" States, 100-103. 
 
 Indiana, vote for President in 1860,1; in 1864, 623; mem- 
 bers of Peace Conference. 68 ; Thirty-Sixth Congress, 
 48,49; Thirty-Seventh, 122; Thirty-Eighth, 140; no 
 "personal liberty" law, 47 ; vote of legislature on rati- 
 fying the anti-slavery amendment, 598. 
 
 Indians, proposed enlistment of, votes in Senate on, 264. 
 
 Ingersoll, Ebon C, Representative in Thirty-Eighth Con- 
 gress, 141; amendment to enrollment act, 269; pro- 
 position relative to peace, 577. 
 
 Inglis, John A, remarks in South Carolina Convention, 
 16, 17 ; vote on secession ordinance, 399. 
 
 Inslet, A. II., report in Baltimore Convention, 405. 
 
 Instructions, general, of the War Office, 247, 248. 
 
 Insurrection, boundaries declared, 150; bill to suppress, 
 77, 78; bill to suppress, and for other purposes, 196, 107. 
 
 Insurrectionary States, enlistments in, 265. 266, 269, and 
 repeal of, no/e, 563 ; electoral vote of, 318-320, 577--579; 
 resolutions concerning, 322-329; vote of representa- 
 tives in Baltimore Convention. 405. 
 
 iNTERCOtiRSF, conimercial, with insurrectionary States, pro- 
 proclaniatious respecting, 149, 160. 
 
C38 
 
 INDEX. 
 
 IxTFREST, provision respecting, in national currency act, 
 363. 
 
 Internal Revekce, act of 1862, proceedings on passage, 
 361 ; act of 1864, 362. 
 
 Inteb-State Commissioners, names of, 11. 
 
 Iowa, vote of, for PresiJent in 18C0, 1; in 1864, 623; mem- 
 bers of Peace Conference, 68; Thirty-Sixtli Congress, 
 48, 49; Thirty-S«venth, 122; TUirty-Eightli, 140; per- 
 sonal liberty law, has no, 46. 
 
 IRYINE, VViluam, Representative in Thirty-Sixth Congress, 
 48. 
 
 IvERSO^, Ai.FREP, Senator in Thirty-Sixth Congress, 48; 
 withfircw, 3; intermediary between Col. Uayne and 
 President Buchanan, 32; sent telegram South, 37. 
 
 Jacks, T. M., Claimant of seat as Representative from Ar- 
 kansiis, and refused, 141; vote in Arkansas Convention 
 on abolishing slavery, 332; report on credentials of, 
 586, 587. 
 Jack.son, Andrew, letters on nullification, secession, and dis- 
 union, 3S',t, 435. 
 Jackson, Claiborne F., Governor of Missouri, reply to 
 Presidents first call for troops, 115. 
 
 Jackson, James, Representative in Thirty-Sixth Congress, 
 49; withdrew, 3. 
 
 Jackson, James S., Representative in Thirty-Seventh Con- 
 gress, 122; death, 123; on compensated emancipation, 
 213-217. 
 
 Jacom, Rkhard J., Colonel, resolution relative to imprison- 
 ment of, and reply, 560. 
 
 James, Amaziaii li.. Member of Peace Conference, 67. 
 
 Jamison, David F., Secretary of War of the republic of 
 South Carolina, 2; despatches of throughout the 
 South, 39 ; vote on secession, 399. 
 
 Jemison, Robert, Senator in First Rebel Congress, 401 ; Sec- 
 coud, 402. 
 
 Jenckes, Thomas A., Representative in -Thirty-Eighth Con- 
 gress, 140; proposition relative to guerrillas, 561. 
 
 Jenkins, Albert G., Representative in Thirty-Sixth Con- 
 gre.-is, 49 ; address to the people of Virginia, 40 ; adjust- 
 ment proposition of, 55; Representative in First Rebel 
 Congress, and resignation, 402; death, 402. 
 
 JOHNSO.v, Andrew, Senator in Thirty-Sixth Congress, 48; 
 in Thirty-Seventh, 122; remarks on defeat of the Crit- 
 tenden compromise, 66 ; adjustment proposition of, 73 ; 
 resolution respecting the cause and objects of the war, 
 286; nominalod fur Vice-President, 407 ; acceptance, 
 409; appointed as Military Governor of Tennessee, 
 43G; proclamation for election for presidential electors. 
 436-438; protest against, 438-141; orders as Military 
 Governor respecting certain clergymen, 542 ; popular 
 vote for Vice Presidency, 623; became President of 
 the United States, 610. 
 
 Johnson, Rkadley T., Marshal Kane's telegram to, and re- 
 ply, jioif, 392, 393. 
 
 Johnson, George W., bogus Governor of Kentucky, 8. 
 
 Johnson, IIerschel V., Senator in Fiist Rebel Congress, 
 401: Second, 402; views on sequestration, 205; Letter 
 on Peace, 433, 434. 
 
 Johnson, James JI., Claimant of seat, and refused, as Repre- 
 sentative from Arkansas, 141 ; report on credentials, 
 586,587. 
 
 Johnson, Jilson P., Contestant for seat in First Rebel Con- 
 gress, 402; votes on secession in Convention of Arkan- 
 sas, 399. 
 
 Johnson, Lieut. Col., Order respecting election in Ken- 
 tucky, 313; oath prescribed by, 313. 
 
 Johnson, Philip, Representative in Thirty-Seventh Con- 
 gress, 122; Thirty-Eighth, 140; resolution on enrol- 
 ment, 270. 
 
 Johnson, Rkverdt, Letter of John C. Le Grand to, 9; mem- 
 ber of Peace Conference, 68; Senator in Thirty-Eighth 
 Congress, 140; report against the passage of joint res- 
 olution amending confiscation act, 203; amendment to 
 fugitive slave law, 237 ; resolution on the Arguelles 
 case, and President Lincoln's reply, 354, 355 ; reply to 
 Chief Justice Taney on habeas corpus, note, 155. 
 
 Johnson, Rouert \V., Senator in Thirty-Sixth Congress, 48; 
 Deputy in Rebel Provisional Congress, 400 ; Senator in 
 First Congress, 401; Second, 402: views on sequestra- 
 tion, 205. 
 
 Johnson, Thomas B., Deputy in Rebel Provisional Con- 
 gress, 400. 
 
 Johnson, Waldo P., Member of Peace Conference, 68; 
 Senator in Thirty-Seventh Congress, 122; expulsion of, 
 123; Senator in Second Rebel Congress, 402 ; proposi- 
 tion of. lor Constitutional Convention, 435. 
 
 Johnson, William, Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Johnson, William Cost, purpose in attending Southern 
 caucus in 1835,330. 
 
 Johnston Robert, Deputy in Rebel Provisional Congress, 
 
 400; Representative in First Congress, 402; Second, 
 
 Johnston. William F., temporary chairman of the Cleve- 
 land Convention, 411. 
 
 Jones, George W., Member of Peace Conference, 68; 
 Deputy in Rebel Provisional Congress, 400; Representa- 
 tive in First, Congress, 402. 
 
 Jones, Henry C, Deputy in Rebel Provisional Congress, 400. 
 
 Jones„ John J., Representative in Thirty-Sixth Congress, 
 49; sent telegram South, 37; withdrew, 3. 
 
 Jones, R. M., Delegate from Choctaw Nation in Second 
 Reliel Congress, 402. 
 
 Jones, Thomas M., Deputy in Rebel Provisional Congress, 
 400. 
 
 Jones, T. Laurence, arrest of, 153 ; votes in Legislature of 
 Maryland, 396-398. 
 
 Journal of Commerce, New York, presented by Grand Jury, 
 188; excluded from the m.iils, 188 ; report of Postmas- 
 ter General Blair respecting, 188-192; seizure of oflice 
 of by the military authorities, and subsequent pro- 
 ceedings, 192-194. 
 
 Judicial Ruungs, on indemnity act, 185, 186; enrollment, 
 272-274; confiscation, 206, 207 ; on "legal tender" act, 
 454,4.55; on suppression of newspapers, 441, 442; on 
 colored persons as witnesses, 4-l)E, 443. 
 
 Judicial Rulings, (rebel) upon conscription, 120; anti- 
 substitute law, 120; habeas corpus, 130; impresjment 
 act, vote, 372. 
 
 Julian, George W., Representative in Thirty-Seventh Con- 
 gress, 122; Thirty-Eighth, 140; resolutions for amend- 
 ment or repeal of fugitive slave laws, 235, 236; home- 
 steads for soldiers, 284. 
 
 Junkin, Benjamin F., Representative in Thirty-Sixth Con- 
 gress, 48. 
 
 Justice, fugitives from, bill respecting, 61. 
 
 Kalbfleisch, Martin, Representative in Thirty-Eighth 
 Congress, 140. 
 
 Kane, George P., Marshal of police of Baltimore, letter 
 
 of, respecting safety of transit through or sojourn in 
 
 Baltimore of President Lincoln, 9 ; arrest of, by Gen- 
 
 ■ era! Banks, 152; telegram to Bradley T. Johnson, note, 
 
 393 ; destroyed railroad bridges, 393. 
 
 Kane, Robert P., Secession resolution of, at Philadelphia 
 meeting, 390. 
 
 Kansas, Representative in Thirty-Sixth Congress, 40; 
 members of Thirty-Seventh Congress, 122; Thirty- 
 Eighth, 141; vote of legislature on ratifying the anti- 
 slavery amendment, 599. 
 
 Kasso.n, John A., Represent.itive in Thirty-Eighth Con- 
 gress, 149 : proposition relative to courts-martial, 561. 
 ■ Keeble,F a. ,RepresentativeiuSecondRebel Congress, 402. 
 
 Keim, William 11., General, agency in the arrest of John 
 Merrynian, loo. 
 
 Keitt, Lawrence M., Representative in Thirty-Sixth Con- 
 gress, 40; withdrew, 2; remarks in South Carolina 
 Convention, 17 ; statement respecting forts in Charles- 
 ton harbor, 30; Toombs's telegram to, 37 ; vote on se- 
 cession ordinance, 399; Deputy in Rebel Provisional 
 Congress, 2, 11, 400; death, 401; expectations of north- 
 ern belp in rebellion, 390. 
 
 Kelley, William D., Representative in Thirty-Seventh 
 Congress, 122; Thirty-Eighth, 140; proposition relative 
 to reconstruction, 677. 
 
 Kellogg, Francis W., Bepre,5entative in Thirty-Sixth 
 Congress, 49; Thirty-Seventh, 122; Thirty-Ei-hth,140. 
 
 Kellogg, Orlando, Representative in Thh-ty-Eighih Con- 
 gress, 140. 
 
 Kellogg, William, Representative in Thirty-Sixth Con- 
 gress, 49; Thirty-Seventh, 122; adjustment proposi- 
 tions of, 56, 62, 63 ; member of Committee of Thirty- 
 three, 53. 
 
 Kenan, Augustus II., Deputy in Rebel Provisional Congress, 
 11,400; Representative in First Congress, 401 ; motion 
 to table peace proposition, 306. 
 
 Kenan, Owen R., Representative in First Rebel Congress, 
 402. 
 
 Kendall, Amos, Opinion respecting suppression of mail 
 matter, 189-191; Keitt's opinion of, 390. 
 
 Kenner, Duncan F., Deputy in Rebel Provisional Congress, 
 11. 400 ; Representative in First Congress, 401 ; Second, 
 402. 
 
 Kennedy, Anthony, Senator in Thirty-Sixth Congress, 48; 
 Thirty-Seventh, 122; letter respecting the secession of 
 Maryland, 9. 
 
 Kennedy, Robert C, Court-martial of, for violating the 
 lawsofwar, 552, 553. 
 
 Kentucky, vote for President in 1860, 1; in 1^64, 623, 
 members of Peace Conference, 67; Thirty-Sixth Con- 
 gress, 48, 49; Thirty-Seventh. 122; Thirty-Eighth, 140; 
 proce dings in Legislature and bogus Convention, in 
 respect to secession, 8; proceedings in Congress respect- 
 
INDEX. 
 
 G39 
 
 ing arrest of citizens, ISO; respecting disperRion of 
 Convention in, ISl ; act ot Le}.'i«liiiuro, and veto of 
 Governor Magoffin, 312, 313; military onlera n-specting 
 elections in, 3 1 3-314: orders respecting impressments 
 of property, 315 ; adjustment proposition of a " dislin- 
 guislied ci'tizen" of, 74; Judge Nicliulas's pinpu-.d 
 amendment to the Constitution, 255, 'i.")!!; miii I'l tin- 
 Rebel,army 399; admission into tlie "('.inlcdi lai \ ." 
 401; Deputies in flie Rel'el Provisional Cuii-nsti, Jul ; 
 Members of the First Congress, and the apportioiim.'nt 
 of Keutuclvy, 401; Second, 402; vote of Legislature on 
 ratilyiiig tlie anti-slavery auiendnieiit, 598. 
 
 Kenyo.n, William S., Representative in Thirty-Sixth Con- 
 gress, 43. 
 
 Kerxav, I'KANCis, Representative in Thirty-Kighth Con- 
 gress, 140; substitute relative to unemidoyed geiieraln, 
 •<iS5; amendment to loan bill, 30U; resolution relative 
 to the arrest of citizens, 5C0. 
 
 Kekkigan, James E., Representative in Thirty Seventh 
 Congress, 122. 
 
 Kebsu.iw, J. B., Commissioner from South Carolina to Tex- 
 as, 11 ; vote on secession ordiuauco, 399. 
 
 Kkssler, Andrew, arrest of, 153. 
 
 KiDD, lliLTO.N', arrest of, 153 
 
 KiLiiouRN, E. O., Letter to Governor Hicks, asking that the 
 Legislature of Maryland bo convened, 9 ; at Howard 
 county meeting, 9 ; votes of, 396-398. 
 
 Kilo )RE, U.wm, Representative in Thirty-Si.^tU Congress, 
 49; adjustment proposition, 54. 
 
 Kii.GORE, N., arrest ot>153. 
 
 IviLLiKGEK, JonN W., Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh, 122. 
 
 King, Austin A., Representative in Thirty-Eighth Couferess, 
 140. 
 
 King, Houatio, Postmaster Gonoral, 28. 
 
 King, John A., Member of Peace Conference, 67. 
 
 Ki.NG, PiiEBTON, Senator in Thirty-Sixth Congress, 48; 
 Thirty-Seventh, 122; resolution respecting trial of per- 
 sons arrested, 179; amendment to conliscalion bill, 
 202; amendment to the "legal tender," 353; ia Balti- 
 more Convention, 405, 406 ; vote for Vice I'resideut in 
 Union National Convention, 407. 
 
 Kinney, JonN E., Delegate from Utah, Thirty-Eighth Con- 
 gress, resolution on the war, 294 ; declaration of, 7Wte, 
 590. 
 
 KiRKWOOD, Samuel J., Governor of Iowa, signer of Altoona 
 address, 2o3. 
 
 KiTCHi.N, B. M., Claimant for seat as Representative in 
 Thirty-Eighth Congress, and refused, 141. 
 
 Knapp, AnthuNV L., Representative in Thirty-Seventh 
 Congress, 123; Thirty-Eighth, 140. 
 
 Knox, Samuel, .)R., Representative in Thirty-Eighth Con- 
 gress, 141. 
 
 KuNKBL, Jacob M., Representative in Thirty-Sixth Congress, 
 49. 
 
 Lamar. Albert R., Secretary of Georgia Secession Conven- 
 tion, 399 ; Clerk of Rebel Ilouso of Representatives, 
 Sei'ond Congress, 402. 
 
 Lam.ir, G. B., purchase of Government arms in 1800, 35. 
 
 Lamar, Lucius Q. C, Representative in Thiity-Sixth Con- 
 gress, 49; withdrew, 3; Benjamins intercepted des- 
 patch to, relative to African siava trade, 151. 
 
 Lasder, William, Representative in Eirst Rebel Congress, 
 402. 
 
 Landing, Mr., arrest of, 152. 
 
 Landrum, John M., Representative in Thirty-Sixth Con- 
 gress, 49; telegram sent South, 37; withdrew, 4. 
 
 Lane, Henry S., Senator in Thirty-Seventh Congress, 122; 
 Thirty-Eighth, 140. 
 
 Lane, James H., Senator in Thirty-Seventh Congress, 122; 
 Tiiirty-Eighth, 140; ameHduient to the bill to employ 
 colored persons, 275 ; amendment to tlio engineer bill, 
 27C; joint resolutions rcpecting free State of Arkansas, 
 320; amendment to bill to admit West Virgina, 378; 
 amendment to enrollment bill, 6C3; to Electoral Col- 
 lego bill, 678. 
 
 Lane, Joseph, Senator in Thirty-Sixth Congress, 48; ad- 
 justment proposition of, 72. 
 
 Lansing, William E., Representative in Thirty-Seventh 
 Congress, 122; substitute for Mr. Lovejoy's resolution 
 respecting General Uallock's order No. 3, 254. 
 
 Larraree, Cii.ARLES U., Representative in Thirty-Sixth 
 Congress, 49; adjustment proposition, 54. 
 
 Latuam, Milton S., Senator in Thirty-Sixth Congress, 42; 
 Thirty-Seventh, 122; declaration for the Union, 41; 
 remarks upon the defeat of the Crittenden proposition 
 of adjustment, 07; upon Peace Conterence proposition, 
 70. 
 
 Law, John, Representative in Thirty-Seventh Congress, 
 122; Thirty-Eighth, 140. 
 
 Laws. James M. ^Nlison's resolution to suspend certain, in 
 the seceded States, 86. 
 
 Lawyers, O.ath of allpgiivnro required from, 602. 
 Lazear, Jesse, Representative in Thirty-Seventh Con- 
 gress, 122; Tliirty-Eighth, 140; resolution for suspend- 
 ing hostilities. 300. 
 Leach, DkWitt C, Representative in Thirty-Sixth Con- 
 gress, 49. 
 Leach, James M., Representative in Thirty -Sixth Congress, 
 49; Representative in Second Rebel Congress, 402; 
 resolutions on lutbms cnrjjux, 018. 
 Leach, J. T., Representative in Second Rebel Congress, 402; 
 
 peace propositions, 300, 457, 615. 
 League, between Tennessee and insurrectionary States, 6; 
 
 Virginia and same 8; Mis-souri and same, 11. 
 Leake. Shelton E., Representative in Thirty-Sixth Con- 
 gress, 49; address to people of Virginia, 40: adjust- 
 ment proposition, 55 ; remark on that of Peace Con- 
 ference, 70. 
 Leary, Cornelius L. L., Representative in Thirty- Seventh 
 Congress, 122; on select committee on compensated 
 emancipation, 213: views on, 213-217. 
 Leavitt, HrMvnnr y II., refusal to issue writ of habeas cnr- 
 j,us\\\ \'allaii'li-liam case, 162; latter's opinion of, 176. 
 LEliLOM., Fr. \Nc IS (',, Representative in Thirty-Eighth 
 Congirss 1 i'>; aiiRndment to enrollment, proposinjj 
 an armistice, 30U; proposition to repeal ftafceas corpus 
 act, 602. 
 Lee, M. LiNDLEY, Representative in Thirty-Sixth Congress, 
 
 48. 
 Lee, Robert E., General, letter of, and General Grant's 
 reidj', on prisoners of war, 444; on military convention, 
 572, 57 J; on negro soldiers, note, 611. 
 Lee, Stephen D., aide to Beauregard, 113. 
 Legal tenders, proceedings creating, 357-3.59; Judge Grier's 
 
 opinion on, 454,455; other jndges, 455. 
 LeGraxd, JohnC, letter on secession, 9. 
 Lehman, William E., Representative in Thirty-Seventh 
 Congress, 122; on select committee on compensated 
 emancipation, 213. 
 Lellyett, John, one of the Tennessee protesters, 438-441. 
 Leonard, Justice, opinion on indemnity act, 185, 186. 
 Lester, George N., Representative in Second Rebel Con- 
 gress, 402. 
 Letcher, John, Governor of Virginia, on resolntions of 
 New York, 5; of Ohio, 0; purchase of arms prior to se- 
 cession, 30; designs on Fortress Monroe, 28; reply to 
 President's call tor troops, 114; on reconstruction, 330; 
 sent muskets to Baltimore Police Commissioners, and 
 controversy concerning, 393, 394. 
 Letters of marque authorized, 377 ; by rebels, 117. 
 Lewis, Daniel W., Representative in First Rebel Congress, 
 
 401. 
 Lewis, David P., Deputy in Rebel Provisional Congress, 
 
 11,400; retired, 400. 
 Lewis, John W., Senator in First Rebel Congress, 401; su- 
 perseded, 40 i . 
 I^BEUIA, bill to recognize, 239; President Lincoln's recom- 
 mendation of, 130; loan of gunboat to, 593. 
 LiEBER, Francis, LL. D., Professor, letter to Senator Mor- 
 gan respecting fiu'ther amendments to the Constitu- 
 tion, llolc, 691, 592. 
 Lieutenant General, grade revived, 116; Ulysses S. Grant 
 
 appointed, 116. 
 Lincol.v, Abraham, Election of, as President in 1860, 1; in 
 1864, and his estimate of the vote, 623, 658; discussion 
 of his first election in South Carolina Convention, 17; 
 opinion on a compromise, 67. 
 Administration of— his Inaugural Addresses, 105-108, 
 608; hisCabinet, with thochanges therein,108, 610; his 
 reply to the Virginia delegates in 1861, 112; his acts 
 legalized and ratilied, 115, 150, and proposed censure 
 of, 386. 
 Correspondence of— with General Fremont, 246, 247; 
 with Fernando Wood, 296, 297; with Governor Brad- 
 ford, 309, 310 ; the Niagara Falls, 301-303; Oliio and 
 New York Democrats, 167-175 ; with Lieut. Gen. Grant, 
 425. 
 Interviews of— with committee of Allegheny City Con- 
 vention, 259; some Border-St.ato Representatives, 210, 
 211, and subsequent appeal to, and replies from, 213- 
 220; deputation of colored persons on colonization, 
 374, 375 ; with Judge Jolin T. MiHs, 424. 
 Letters of— to Horace Greeley, 334; the Illinois Mass 
 Convention, 335, 336; NnrCli American Review, and re- 
 ply, 336; Colonel A.G. Hodges, of Kentucky. 336; the 
 Grant meeting in Now York, 336, 337 ; of acceptance 
 as candidate for re-election, 408 ; on Constitutional 
 Convention in Louisiana, 321 ; to General Steele and 
 \V. M. Fish back, on Ark.ansas, 321, 322; on Free Con- 
 stitution of Maryland, 424; to Tennessee protesters 
 against Governor Johnson's proclamation , 425 ; to Rev. 
 John Ilogan, noie, 522; to General Curtis and 0. D, 
 Filley in the McPheeters case, 534, 537 ; to Mrs. Eliza 
 P. Gurney, 6u5: to Deacon John Pbilliiis, COG; to 
 Mrs. Bixby, 606; to the New England Suuiety, 606; 
 
540 
 
 to a Soldiors' F:iir, 606; on Affairs in Missouri, 606; 
 on emploviiis disiililei.1 .soldiers, 6UG. 
 MESSAOts oi— tirst. 123-129; first Annual, 129-136; second 
 Annual. 136-140, 220-229; third Annual, 140-147; 
 fourth Annual, 555-558; in General Stone's case, 1^0; 
 on emancipation bill in District of Columbia, 212 213; 
 on compensated emancipation, 209; on repeal of the 
 commutation clause, Jioie, 263 ; explanatory of Govern- 
 ment purchases in May, 1861, 333, 334; respecting 
 monarchical intrigues in Central and South America, 
 343; on the French-Mexican question, 349; on the Ar- 
 gnelles case, 354,355; vetoing bill concerning small 
 notes, 358; on financial legislation, 362; confiscation, 
 197, 198; transmitting Hampton Roads Confei-ence, 
 666-569; on Electoral College bill, 579. 
 Orders of. on habeas corpus, 177 ; State prisoners, 154 ; in 
 Vallandigham's case, 162; on seizing supplies, 252 ; 
 rescinding Fremont's proclamation, 247 ; to General 
 Schofleld, 253 ; for the protection of colored soldiers, 
 280; on contrabands in the District of Columbia, 248; 
 annulling General Wallace's confiscation i>rders at Bal- 
 timore, 207; explanatory order respecting churches in 
 iusurrectionai-y States. 522; iuC Ilotr-Aa'a habeas corpus 
 case, 562. 
 Proclam.\tions and Calls— for 75.000 troops, and answers 
 of Governors, 114,115; all other calls, 115,270,004; 
 the several dralts ordered, 115, 270, C04; proclamations 
 of blockade, 149; vearning to blockade-runners, 604; 
 closing certain ports, 605; warning to maritime na- 
 tions, 605; concerning Key West, 605; on commercial 
 intercourse, 149; declaringthe boundaries of the insur- 
 rection, 160 ; of amnesty, 147, 148; pardon to deserters, 
 604; on suspension of /ia6ea.s cni-pw, 177, 178; under 
 confiscation act, 208; rescinding General Hunter's, 
 251; respecting reconstruction bill, 318, 319; on eman- 
 cipation, 227, 228; admission of West Virginia, 378; 
 respecting aliens, 272; for tlio arrest of raiders, 604; 
 Obtservance of the Sabbath 605. 
 KEM.iRKs of— at Union meeting August, 1862, 334; at 
 a serenade, July, 1863, 334, 335; at Philadelphia Fair, 
 337 ; at Baltimore, 280, 281 ; ou renoinination for Pres- 
 ident, 407, 408 ; to 148th and 164th Ohio regiments, 
 423; to Marylanders, 421; to colored persons present- 
 ing a Bible, 424; to 189th New York, 425; in consecra- 
 tion of the National Cemetery at Gettysburg, 606; to a 
 committee of New York Workingmen's Republican 
 Association, 606; to a club of Pennsylvanians, 607; to 
 sundry political clubs, 607 ; to a Maryland committee, 
 607 ; ou the adoption of the anti-slavery Amendment, 
 608; onbeingnotifiedof re-election, 608; on the slaves 
 fighting for rebels, 60S; on victory and reconstruction, 
 (his last speech,) 009. 
 Replies of— to committee of New School Presbyterians 
 in 1863, 471 ; to committee of Lutheran Church, 479 ; to 
 resolutions of Vermont Congregationalists, 481; of 
 Congregational Welsh Association of Pennsylvania, 
 481; to pastoral letter of Bishops of Protestant Epis- 
 copal Church, 493 ; to resolutions of East Baltimore 
 Methodist Episcopal Conference of 1862, 496; to ad- 
 dress of Methodist Episcopal Conference of 1864, 498. 
 
 Lincoln, Abrah \m, assiissination of, 610. 
 
 LiTTLEJon.v, DeWiit C, Representative in Thirty-Eighth 
 Congress, 140. 
 
 Loan, Be.vjamin F., Kepresentative in Thirty-Eighth Con- 
 gress, 140. 
 
 Loans, act8 authorizing the various, condensed, 356, 357, 
 601; Secretary Chase's letter respecting redemption of 
 ingold, noie, 367. 
 
 Lochbane, Judge, of Georgia, opinion on the anti-substi- 
 tute law, 120. 
 
 Logan, George W., Representative in Second Rebel Con- 
 gress, 402. 
 
 Loqan, Joun A., Representative in Thirty-Sixth Congress, 
 49; Thirty-Seventh, 122; resigned, 123. 
 
 Logan, Stephen T., Member of Peace Conference, 68. 
 
 London Times, comment of, respecting a reception to 
 Messrs. Mason and Slidell, 342, 343. 
 
 Long, Alexander, Representative in Thirty-Eighth Con- 
 gress, 140; resolution for appointment of commission- 
 ers to negotiate a peace, 300; resolution to expel and 
 censure, 387, 3S8; proposed resolution of, at Demo- 
 cratic National Convention, 418. 
 
 Longnecker, Henry C, Representative in Thirty-Sixth 
 Congress, 48. 
 
 Longyeak, John W., Representative in Thirty-Eighth Con- 
 gress, I'O. 
 
 LooMis, Andrew W., Member of Peace Conference, 68. 
 
 LooMis.DwiQHT, Representative in Thirty-Sixth Congress, 
 48; Thirty-Seventh, 122. 
 
 Lord, Daniel, Secretary Seward's letter to, respecting ar- 
 rest of Algernon S. Sullivan, 133. 
 
 Louis, L M., Senator in Second Rebel Congress, 402 ; suc- 
 ceeded by Mr. Vest, 611. 
 
 Louisiana, vote of for President in 1860, 1 ; members of 
 
 Thirty-Sixth Congress. 48, 49; Thirty-Seventh, 123; 
 claimants in Thirty-Eighth, 141, 5Sl, '5Ss ; Free State 
 goverunment organized, 321; letter of President Lin- 
 coin reiipectiiig constitutional Convention, 321, 322; 
 votes on abolition of slavery, and ou proposed com- 
 pensated emaLcipation, 332; reconstruction movement 
 in, 435, 436; propositions and reports in Cougress upon 
 recognizing the Free State goveinment, and receiving 
 Senators and Representatives, -577-5S6; vote of Legis- 
 lature on ratifying the anti-slavery Amendment, 598. 
 In Rebellion— Deputies in Rebel Provi.sioual Cougress, 
 11, 400; members of First Congress, 401: of Sucond, 
 402; secession movement in Convention and Legisla- 
 ture of, 3; votes on ordinance of secession and kindred 
 propositions, on submitting it and the Rebel Constitu- 
 tion to popular vote, and general proceedings of the 
 Convention with the ofticers thereof, 588-590; ratified 
 rebel Constitution, 4 ; seizures and surrenders of public 
 property by, 28, 689, 590, and acknowledgment by 
 Rebel Congress, note, 4. 
 
 Love, Plteb E., Representative in Thirty-Sixth Congresa, 
 49; witlidrow, 3; member of Comiiiittee of Thirty- 
 three, 03 ; report of. 68. 
 
 LovEJOT, Owen, Representative in Thirty-Sixth Congress, 
 49; Thirty-Seveath, 122; Thirty-Eighth, 140; death, 
 141; letter res|.ecting President Lincoln and his Ad- 
 ministration, 233; resolution respecting the capture 
 and return of fugitive slaves, 238 ; resolution calling 
 for a revocation of General Jlalleck's order, No. 3, and 
 vote, 253, 254; proposition to prohibit slavery in the 
 Territories, 254; his substitute and vute, 254: motion 
 to instruct the Committee ou Military Affairs to place 
 all soldiers ou same footing, without regard to color, 
 279; resolution of thanks to Captain Wilkes for his ac- 
 tion in arresting Messrs. Mason and Slidell, 343. 
 
 Low, Fricdhrick F., Governor of California, Representative 
 in Tliirty-Sevonth Congress, 3b8. 
 
 Lowe, Enoch Louis, proposed member of board of public 
 safety of Maryland, 9. 
 
 Lowell, Colonel, raid of, 119. 
 
 LowRiE, Walter H., Chief Justice of Pennsylvania, deci- 
 sion on enrollment act, 273, 274. 
 
 Lumpkin, J. T., Representative in Second Rebel Congress, 
 402. 
 
 Lutheran Gener.4l Synod, declarations in 1862 and 1864, 
 47S-4S0 ; address of committee to President Lincoln, 
 and his reply, 479. 
 
 Lynch, Dr., arrest of, 152. 
 
 Lyon, Francis S., Representative in First Rebel CongresB, 
 401; Secona, 402. 
 
 Lyons, James, Representative in First Rebel Congress, 402. 
 
 Lyons, Lord, Earl Russel's letter to, respecting rebel ap- 
 peal for recognition, 27 ; to Earl Russell respecting 
 foreign mediation, giving views of New York Demo- 
 crats 347,348; Secretary Seward's letter to, on the 
 Trent affair, 338-342; Earl Russel's to, on the Trent 
 affair, 342. 
 
 Macfaeland, William H., vote on secession ordinance in 
 Virginia Convention, note, 7 ; Deputy in Rebel Provis- 
 ional Congress, 400. 
 
 Machen, Willie B., member of bogus legislative council 
 of Kentucky, 8; Representative in First Rebel Con- 
 gress, 401 ; Second, 402. 
 
 Maclay, William, Senator in First Congress, 389 ; extract 
 from his journal containing first record of disunion 
 threat, 389. 
 
 Maclay, William B., Representative in Thirty-Sixth Con- 
 gress, 48 ; adjustment proposition, 74. 
 
 Macwillie, M. II., Delegate from Arizona in Second Rebel 
 Congress, 402. 
 
 Magoffin, B., Governor of Kentucky, reply to President's 
 first call, 114; bill passed over veto, 312, 313; declines 
 tender of Indiana troops, 8; neutrality proclamation, 
 8 ; veto of resolution ordering rebel troops from the 
 soil of Kentucky, 8. 
 
 Magrath, a. G., resigned as United States judge, 2 ; ap- 
 pointed Secretary of State for the republic of South 
 Carolina, 2; decision on sequestration, 206; vote on 
 secession ordinance, 399. 
 
 Maguuder, J. B.iNKHEAD, General, proclamation of, 283. 
 
 Mails of the United States, to remove disqualification 
 of color in carrying, 239,240,693; opinions of Post- 
 masters General Kendall, Campbell, Holt, and Blair, 
 and Attorney General Cushing on Ireedom of the, 
 188-192 ; Calhoun's bill of 1835, respecting, 191. 
 
 Maine, vote for President in 1860, 1 ; in 1864. 623 ; members 
 of Peace Conference, 67; Thirty-Sixth Cnngress, 48; 
 Thirty-^^even th, 12 1 ; Thirty-Eighth, 140, 559 ;" personal 
 liberty" law, 44-47 ; vote of Legislature ou ratifying 
 the anti-slavery amendment, 595. 
 
 Malluky, Robert, Representative in Thirty-Sixth Congress, 
 
64. 
 
 49: Tliirtv-Seveirh. 12-2: T)iirfy-y:i,'litli. UO : at D..r- 
 dei- Mai-'iiitvivi w with the Prcsalciit, 211 : vic-v\s on 
 ciiipeiiSMteil ciniuiiii.alion. .;r:-217: aiiH-iidmoiit r.- 
 1 .tin^ to .olun-a i.lt.soms as «!tiie<sos. 2:0; tu lolora- 
 d) liill.2.")">; io.sulntion rolalive to Ools. Jacob and 
 
 \\..\ 
 
 N U.. Senator in Thirty-Sixth Congress, 4S ; 
 uirlilnw, .;: iulerniediary l.et\vee:i C"!. 11 lyne r-.nd 
 }'i.-i,l -lit i;n.hanan.32; Secrotai-y of N.ivy in lU-hel 
 rr,.\ i-i<ii, il ailministration, 12, -100; in porinaHi'iit ad- 
 n]iiii>ti itii II. 4ol: member of committee of secret Dis- 
 
 JI\MrL>r ) ol Southern Members of Congress, 37. 
 
 MiM.EY, Judge, of North C!ir>'liua, opinion on Aafteas cor- 
 }}ug, 130 
 
 M.VNN, A. DilBLET, Rebel Commissioner to England, letter 
 of to Karl Russell, 27: reported conversation with 
 Earl Russell, 27. 
 
 Mann. V.'ji. D., report npon credentials of asrepresintativo, 
 5S6. 
 
 Ma.nmn'1. J T... Coinniis^ioner from South Carolina to Loui- 
 siana, n ; I'civl I y convention, 4; vote on seces- 
 
 MANSFliar, .1 K'.A'ii K I'.. Erigadier General, order of, con- 
 cerning fugitive slaves, 210. 
 
 Marcy. Da.mel, Representative in Thirty-Eighth Congress, 
 liO. 
 
 Maf.cy, AYilliam L., Opinion on citizenship of colored per- 
 S'US. iiilf. 3^2. 
 
 Ma; V , letters of, bill to authorize, ."7 ; rebel legislation, 
 117. 
 
 Marsh \Li,. ITknky, Deputy in Rebel Provisional Congress, 
 11, 4mO: r.r|nv.-entalivo in I'irst Congress, 4)1. 
 
 Maf.siull. IUmpheet, Representative in Second Rebel 
 C u.!.!n-s. -102. 
 
 AUr>tij\. (iiLMA-V.Represent.ative in Thirty-Sixth Congress, 
 4S: Thirtv-jevenlh, 122. 
 
 Mariivl l\w. rrnilamations of, by Jefferson Davis. 121. 
 
 M.vRTix, CiiAKLES D., Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Marti.v, Egbert S., Representative in Tliirt.v-Sixth Con- 
 gress. 40; address to the people of Virginia, 40. 
 
 Martin, Thomas. Member of Peace Conference, GS. 
 
 M iRViN, James M., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 M.iRYL.i.ND, vote for President in 1860, 1; In 1S64, 623; 
 members of Peace Conference, d" : Thirtv-Sixth Con- 
 gress, 4S; Thirty-Seventh, 122; Tlmi.v i i-J.ih. 140; 
 secession movement in, 9; Stai^ i n; i ; r. inven- 
 tion. 9; Howard County men, i>: I I , .,!i,.ns,'J; 
 
 Legislatiir-p .-n -^ --i-n :i.,d i ■ ■ i- i , -i,. .i, ...JT ; ju-o- 
 
 ceediii::- : I . i . ' -, i'>t oi members, 
 
 162, l-':;. i ! I,' I , '■:•■'■: emancipation 
 
 in, -W - ! :. --■ , --T : . .\v in I n;,i;i ay orders re.spect- 
 iug elections. l,u>—-.il: governor l;raillbrd's proclama- 
 tion, 300, olU; soldiers in the rebel army, 390; voleon 
 Free Constitution of, 460; provision respecting allegi- 
 ance of the citizen, 460; vote of Le.gislature on ratify- 
 inj the anti-slavery Amendment, 597. 
 
 Mas n" Charles, Statement relative to the Tennessee pro- 
 test, 440. 
 
 M.iSOX, James M.. So 
 address of, to i" 
 • cession ordin;ii 
 ing certain law 
 respond. -nf- r. - 
 
 itor in Thirty-Sixth Concre.ss. 4S: 
 
 I I'l' l.^indon 'Times on. 342,343; 
 Depul.\ ' t: i 1 . -iM<'ii,il Congress, 400 ; retired, 
 401; I .\; . - 11 l;, liiiii ■vi- during '"reign of terror," 
 39'.: li.iii 1111111 s .U-s|>atcb to, on Peace, 455. 
 
 M^S'^^, Mr., anvst of, 153. 
 
 Mas-uhl-lits. vote of, for President in 1860,1; in 1864, 
 623: nii.nilM'rs of Peace Conierence, 67; Thirty-Sixth 
 Congrc'^s, 48; Thirt.v-Soventh, 122; Thirty-Eighth, 
 140: '-personal liberty" laws of, 44, 45-47 ; vote of 
 legislature on ratifying the anti-slavery amendment, 
 
 M.\ttiiews, Joseph W., Commissioner from Mississippi to 
 Alabama. 11. 
 
 Maury, M. F., recently discovered letters of, 390. 
 
 Maxwell. Aicu.sTis E., Senator in First Rebel Congress, 
 401: S.-.-on.l. 402. 
 
 May. IlENr.v. K presentative in Thirty-Seventh Congre.=s, 
 122: airi^t of, 152; resolution respecting arrest of 
 Raltiniore P.dice Commissioners, 179 : respecting re- 
 fusing counsel to prisoners in Fort Warren. 181; re- 
 ejiecting interference of .Major General Schenck with 
 freedom of religious worship, 182, 524; peace resolu- 
 
 M.* 
 
 ti. 
 
 YN \RI), 
 -rrss. 4' 
 fisca 
 to ti 
 
 E, Representative in Thirty-Sixth Con- 
 rty Seventh, 122; snbstitn e of lor con- 
 
 .n i.ill. Ill's, 199: repiv to the President's appeal 
 
 ISorder States, -218. 
 
 41 
 
 McAllister, ARCRiBALn, Representative in Tl-.irty-Kighth 
 C..n-,'ress. 140. 
 
 McR iiiE. .John R., Representative in Thirty-Eighth Con- 
 gress, 141 
 
 McCallum, .Iames, Representative in Second Rebel Coti- 
 gress. 402. 
 
 McCl..auy, David W., Resolutions in Legislattire of Mary- 
 land, 3;)7. 
 
 McClellan. C.eohce C, Maj..r n.nrral. President Lincoln's 
 
 aliu-i ^I' --.!-■■ i ■ ai'i-iii i ' ::r of. as general-in- 
 
 clii. I I ' : 11 ' ' . I > for tin; arrest id 
 
 m.-iiii : f , ;, _ : '1 irvland, 153; order 
 
 AV. W 
 
 -111.- 
 
 ite 
 
 Convention, 420; letters of notification and acceptance 
 4'20, 421; accepting membership in the .McClellan Le 
 gion, 421. 
 
 McCler.sanp, .T.i:n .\..i;i pii-. iit.ilivMiiTii'.lv-.'^ixthCon 
 gn.^s. 4- T! ^ :;..:,: . :n.l.3::id 
 
 justni^Mii ,:: .. :, ■,, ■ : l: 
 
 Comuulti-. ;.:: i--^ i;ii.':i -n in- '...ir. J '1. 
 
 McCLU':r.. J isEFH W., Ki-presiMitative iu Thirty-Eighth 
 Congress, 140. 
 
 Mcf'UBLiN, Mr., arrest of, 153. 
 
 McCuRDY, Ch AULr.s J., .Member of Peace Conference, 67. 
 
 McDoug.\ll,Jamks a.. Senator in Thirty-Seventh Congress, 
 122; Thirty-Eighth. 140: resolutions on Generfil 
 Stone's a.rrest. \'\K ISO: on monarchical governmenta 
 in Cenrri)! av 1 S.o'li .a iin'rica, 353, and French occu- 
 paii.ii ill .^^ , ■ , 1^. I ': amendment to enrollment 
 
 bill t i;iln.l.-,i - , ^,, :': ,:.264. 
 
 McDow.ai.. I ,\i .. Mil 1 1. IP 111, order to protect property 
 
 McDowell, James F, Representative in Thirt.y-Eighth 
 Compress, 140; resolution on arrests and habeas cor- 
 pus,\SS. 
 
 McDowell, J. li.. Letter . i A • rn- \ n.-ueral Bates to, re^ 
 specting fugitive s!;n ..'i. 
 
 McDowell, TuoMAS D.. i ' i i . i i; 1 Provisional Con- 
 gress, 400 ; Represci 1 1 1 1 ■ i - 1 ]■ i t I 'onc;ress, 402. 
 
 MclNDjE, W.tLTER D., ll.iiri-sentative iu Thirty-Seventh 
 Congress, 123; Thirtv-Eiglith, 140. 
 
 McK.viG, Thomas J.. Commissioner from Legislature of M:i- 
 ryland to Jefferson Davis, and report, 9, 10; votes in 
 Senate of Maryland, 3U6-39S. 
 
 McKean, James 15., Ri'presentativo in Thirty-Sixth Con- 
 gress, 48 ; Thirty-Seventh, 122; resolution on compen- 
 sated emancipation, 1.0^. 
 
 McKee, R., Secretary of liussellville (Kentucky) Con- 
 gress, 8. 
 
 McKi^NNA.N, William, Slember of Peace Congress, 68. 
 
 McKENTY,.fACOU K., Representative in Thirty-Sixth Con- 
 gress, 48. 
 
 McKiNNEY, JoHyF., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 MclviNNEY, Robert J., Member of Peace Conference. 68. 
 
 McKnight, Rob.rt, Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh, 122; agency iu preventing 
 the removal of heavy guns from Allegheny Arsenal, 
 note, 35. 
 
 McL.ixjs, Robert M., Commissioner from Legislature of 
 Jlarylaud to Jefferson Davis, and report, 9 ; Senator 
 Mason's desire to see, 393. 
 
 McLe.w, J. B., Representative in First Rebel Congress, 
 402. 
 
 McLean, John, Justice, President Lincoln's allusion to 
 death of, 131. 
 
 McMahon, John V. L., proposed Member of Board of Pub- 
 lic safety in Maryland, 0. 
 
 McMillan, James P., Rev., protest of, in Louisville Pres- 
 bytery, 522. 
 
 McMuLLEN, Fayette. Representative in Second Rebel Con- 
 gress, 402; resolntiou on peace, 615. 
 
 McPuEElERS, Sa.>u I l I!.. licv. Dr , orders and correspond- 
 ence respeii in .■ 7; I roposed action concerning 
 inNew Voi U ,- \ i, i. :■ -. !i'7. 
 
 McPnr.RS0.N, EI.^ .1: ; nl.itive in Thirty Sixth Con- 
 press. 4'< : 1 ill I i 1 > '. . aui, 122; clerk of Uouse. Thirty- 
 Eiu'htii Cnii-i. -~. 140. 
 
 McQrEi.N. ,iiMi>. K, inr.sentativein Thirty-Sixth Congress, 
 4;i : wiili.liiw. -J.: statem.-nt respecting forts in 
 CliarKston bai bur, 30 ; Representative in First Rebel 
 Congress, 402. 
 
 McRae, CoU-V J., Deputy in Rebel Provisional Congress, 
 11, 400: appointed brigadier, and cotton loan agent at 
 Paris, 400. 
 
042 
 
 INDEX. 
 
 McRvE, John J., Represcntiitivo in Tliirty-Sixth C mgress, | 
 49; withdrew, 3; Repn-SL'Utative in First Ilel>el Con- 
 gress, 401. 
 
 Mebiatio.v, o4o-348 — see " Foreign Mediation." 
 
 MiMMiSQER, Charles G., vote on secession ordinance. 399; I 
 Secretary of the Treasury of tlio veimlilic of South 
 Carolina, 2; report in South Carolina Convention, 15, 
 16; remarks of, 17, 18 ; Deputy in lU'ljel Provisional 
 Cougri-s, 11, 400; Secretary of the Treasury undiT the 
 Provisional Administration, 400. under the Permanent 
 and resignation, 401; political history of. 401. 
 
 Menkes, Thomas, llepieseutative iu First Rebel C mgress, 
 402; Secoml, 402. 
 
 JItNOMiES, action of, on the state of the conntry, eC?. rOl. 
 
 Me.nzi S, Joh.\ W., Representative in Thirty-Seventh Con- 
 gress. 1'2-'; at interview of Bonler-Stato Rupr 'senta- 
 tives and Pre-sident Lincoln, 211 ; views ou compeusa- 
 
 Merciiih, M., Letlerot Frencli Minister of Foreign Affairs, 
 
 to, respi'Ctiiiguiedi.itioii, 345. 
 Mercury, Charleslrm, on Uor.ler State Kniba.'=?ic^<, 3 ; on 
 Peice Conterence, 41 ; telegram in, respecting the dis- 
 union conspiracy, o91. 3'J2. 
 Mercuri/, Mobile, on the " do nothini;" p'dicv, l^'2. 
 Meredith, S. A., CoU)nel, Gen r.d .McDo.vell sorder to, 251. 
 Mt-BEL'iTU, \Vlu.l.VM M., Member of Peac: Conference, C7. 
 Meruvman, John, arrest of, ]i4: proceedin.^s in case, in- 
 cluding Chief Justice Taney's oiiinion, 15;-158. 
 JUetropotilau Kecm-d, exdadtnl from Department of Mis- 
 souri, 192; Archbisliop I'unell upon, 500. 
 Messaues, last annual, ofPrtsident l;uehanan,49, .'^0; Pres- 
 ident Lincoln's tirst, 1 23-129; first aim iial,12y-lo'J; se- 
 cond, 13(>-1 40, 220-229; third, 141-147 ; fuinili.&55-r'8; 
 in General Stone's case, ISO; on coiili.-raiiun 1'j7, t'.'8; 
 compensated emancip.ition, 20.); on liistriei ol Colum- 
 bia bill; 212,213; ou enrollment act, jm'c, 203; onealy 
 proceedings to s ive the Capital, 3 .3, 331; vetoi:i.LC bill 
 authorizing small notes, 359; relative to national 
 banking system, note, 3tJ2; on monnrchieal intriirues 
 iu Central and South America, :;,i ; the I'leiich Mex- 
 ican question, 349; the Argu 11 ^ r i- ■ ::. I. 355; trans- 
 mitting Hampton Riads i.'on: r w.-, 5 m-5 J: on F.lec 
 toral College bill, 579; Jeff. DoiVs. oiu. GIJ, Gi.:.,OUs. 
 Metiiodi,;t Episcopal Church, oeneral Coiilerenco of 1800, 
 4'Ji-t90; of 1S6L 497-499; BaUimoio C. ntereiiee of 
 1.^01,495; protestof members of, 4 10; \Ve.steru Vi gi- 
 nia Conference of lStil,4J0; President Line dn s re- 
 sponse to resolutions of J^ast Lalliiuore Conleieiiee of 
 1862,496. IxInsorrectionaryS; vrLS.lUctsrespecting, 
 51ti; ordersof ('resident Lincoln and Secretary >taiitou 
 for occupancy of churches, 521-523: 11 v. Dr. J. I'.Neu- 
 nian'o address at New Orleans, 52J, 521; actiOii of 
 Uolstou Conterence, 516. 
 Metholhst Protestant CiiU'Xti, General Convention of 
 1802. 499, 500 ; action of Maryland Annual Conferein.e, 
 West Virginia Confeieire^', and Muih Street Cliurch in 
 IVashingion city, 499, 500. 
 Mexico, the French occupation of, proceedings of Govern- 
 • nient, 348-354; Mr. McDoiigall's resolution respecting, 
 348, 349; resolutionof the House, and subsequent pro- 
 ceedings, 349-354; Mr. Murray's resolution iesi>ecting, 
 in Rebel Congress, 617. 
 MICHIGAX, vote for President i i 1860, 1 ; in 1861,623; mem- 
 bers of Thirty-Sixlh Congress, 48, 49; Thii ty-Seve;itli. 
 122; Thirty-Kighth, 140; person;U liberty law, 46, 47; 
 not represented in Peace Conference, 09; vote ol bgis 
 latu on ratifying the anti-slavery ameudmont, 5j9. 
 MiDDlETON, Georoe, Representative iu Thirty-ljighlh Con- 
 gress, 140. 
 Middleton', Mr., remarks in South Carolina Convention, 17 ; 
 
 vote on secession ordinance, 399. 
 Miles, District Attorney, Charleston, on sequestration, 
 
 206. 
 Miles, William PoncnER, Representative in Thirty-Sixth 
 C 'iigress, 49; withdrew, 2; Deputy in Rebel Provis- 
 ional Congi'ess, 11, 400; Represeutativt in First Con- 
 gress, 402; Second, 402; vote on secession ordinance, 
 399; statement respecting forts in Charleston harbor, 
 32 ; declaration respecting secession, 53 ; on Beaure- 
 gard's staff, 401. 
 Military Arrests, General Augur's order respecting, 87. 
 Military AcrnoRlTiES, The, and the Chuhches, 521-543. 
 Military Courts, orders respecting, 15-i, 177 ; proposition to 
 
 limit the jurisdiction of, 561, 562, 6G3. 
 Military Governors, letter of appointment, 179; power to 
 
 suspend the wr it of habeas corpus, 179. 
 JDlitaky Interference with elections, bill to prevent, 315, 
 
 3 6, 5G6. 
 Militaky iK'gislation, summary of onr, 115-117, 563-566. 
 Military Legislation, summary ef rebel, 117-121, 611-613, 
 
 6.9. 
 Military Orders respecting elections, £08-316,445. 
 MlLITU, Uill to reorganize iu District of Columbia, 77 ; Da- 
 vis's opiuion of miliii- 
 
 MiLL'R, n. IT., Commissioner from Jlississippi to Texas, 11. 
 Miller, Samuel A., Keprosentative in First Rebel Con- 
 gress. 402; Second. 402. 
 Miller, Samuel F., Representative in Thirty-Eighth Con- 
 gress. 140. 
 Miller, William II., Representative in Thirty-Eighth Con- 
 gress, 140. 
 MiLLiGA.v, S«MDEL, Member of Peace Conference, 68. 
 Mill'?, i;i;TiN'Ar,D, arrest of, 1-53; motions and votes in Mary- 
 land Legislature, 396-398. 
 Mills, John T , interview with President Lincoln, 424. 
 MiLLSON, Join S., Representative in Thirty-Sixth (ingress, 
 49; member of Committee of Tliiity-three, 53; ex- 
 tract of letter to James Barbour. 39. 
 MiLLWARD, WiLi.iAM, Representative in Thirty-Sixth Con- 
 gress, 48: damages against, for seizing the West Ches- 
 ter J.ffersnnian, 4 11 , 442. 
 Minn -.SOTA, vote for Presidentin 1860. 1; in 1864,6 3; mem- 
 bersof Peace Conference. 69 : Thirty-Si.\th Congress, 48, 
 49; Thirty-Seventh, 122; Thirty-iiightli. 140; vote of 
 legislatureonrntilyingtheanti-slavcry amendment, 599. 
 Mississippi, vote for President in ]86\l; ni-mlieis of 
 Thirty-Sixth Congress, 48, 49; Deputies in Rebel Provis- 
 oiial Congress, n, 400; niemlier.s of First Congress, 
 401, 40 i; Second, 4T! ; secession movement in, 3; iuter- 
 S ate commissioners, 11; legislature on habeas corpus 
 birt,3;i9; men in thoarmv, 399. 
 Missouri, vote for President in 1860, 1 ; in 1864. 623 ; mem- 
 bers of PeaceConferenee.C7: Tiiirtv-Si.'CthCo:igress, 48, 
 49; Tl.irl.v-Seveiith, 122; Thirty-Ei-hlh, 140; Dcpu- 
 nties iu Rebel Provisional Coiigress,ll, 400: Members 
 of First Con-ress,401, 402; Second, 402, Gil ; secession 
 nioveiiient in, 10, 11 ; seizures and surrenders of Uni- 
 ted States property, 2S; ordinance of convention re- 
 specting elections, 314: ndlitary orders respecting 
 elections in, 314, 315, 445; proposed compensated 
 iiiuicipaiion, 221-22G; men in the rebel army, 399; 
 adnii.^sion into the "Confederacy," 400 ; vote on abol- 
 isliiiig slavery in, 332; vote of 1< gislature on ratifying 
 tlicaiili-slaverv amendment, 599; postponement of elec- 
 tion f .r Rebel Congressmen, Gil. 
 MiTCii. I., CiiAULES 1!., Senator in First Rebel Congress, 401 ; 
 
 ill Second,and deatli, 402, 
 MiTC.'iEi.t., Walter, proposed member of board of public 
 
 s.ilcty in Maryland, 9. 
 Mitchell, William, lUpresentative in Thirty-Seventh 
 
 Cong ess, 122. 
 MoN\r.cuii;AL intrigues iu Central and South America, ac- 
 tion ou, 343 
 Mox ague, RoREPT L., report in A'irgiiiia convention, 6; 
 vole on socessio'i ordinance, note, 7 ; Representative iu 
 Second Rebel Congress, 402. 
 M'iNT \.NA Territory, Bill to organize, 240, 241 ; proposed ne- 
 gro suffrage in, 2 ;0; prohibition of sl.iveiy, 251, 2j5. 
 MoNi,iOME;Y, WiLUAM, Representative iu Thirty-Sixth 
 
 fon-ress, 48. 
 Moo i:, James W., Memlier of bogus Legislative Council of 
 Ken ueUv, 8; Representative in First Reoel Congress, 
 401 : Secon.l, 402. 
 Moo ■. , Laban T., Representative in Thirty-Sixth Congress, 
 
 49. 
 M ORE, S. McD., vofe on secession ordinance, vote, 7 ; com- 
 missioner of Virginia iu making military league, 8. 
 MoouE, Sydenham, Representative in Thirty-Sixth Con- 
 gress, 49; telegram south, 37 ; withdrew, 4. 
 MooiiHUD, J vM.:s IC, Representative in Thirty-Sixth Con- 
 gress, 40; Thirty-Seventh, 1::2; Thii ty-Lighth, 140; 
 ;i^i.,iry iu preventing the removal ef heavy guns from 
 Alle.gheijv Arsenal, Jioie, 05 ; resolution on ineligibility 
 tootiice, 376. 
 MoRAVi \x Church, action of, on state of the country, 4'-3. 
 Mor;;hevd, Charles S., Member of Peace Conftrence, G8: 
 
 arrest of, 153. 
 MOREHEAD, John M., Member of Peace Conference, 68 ; de- 
 puty in Rebel Provisional Congress, 400 
 Morfit, IIkn:: y M., arrest of, 153 ; votes in Maryland Legis- 
 lature, 396-3J8. 
 llORG v.\, Edwin D., Senator in Thirty-Eiglith Congress, 140 ; 
 auieiidment to enrollment bill, 205 ; remarks in open- 
 in.L; the Baltimore Union Convention, 403; Professor 
 Lielier's letter to, on amending the Constitution, note, 
 591,592. 
 Morgan, S. II., R' presentative in Second Rebel Congress, 
 
 402. 
 Morrill, Anson P., Representative in Thirty-Seventh Con- 
 gress, 122. 
 Morrill, Justin S.. Representative in Thirtv-Sixth Con- 
 gress, 4S: Thirty-Seventh, 122; Thirty-Eighth, 140; 
 member of the (Jommittee of Thirty-three, 53 ; substi- 
 tute for conlisc ition bill, l.)9; for emancipation bill, 
 200, 201; re.solntion on the war, 291. 
 Mori- ILL, Lot .M., S ii.itor iu Tliirty-Sixfh Congress, not/-, 
 48; Thirty-Seventh, 121; Tliirtv-Eighth.140: member 
 of Peace Conference, 67 ; ameudmeut to Washiunton 
 
ws 
 
 Uni 
 
 r<?!<trv bill, 241; rL'Boliition on bailing iirre-teil 
 
 I • li i„ n^presentitiveiiiTliirty-Eighth Congress, 
 I ill i\'|.M.;;iii-fagitivo sl.ivo laws 37. 
 
 i:, w VI II ,1 Y.^r.eiTesontativo in Thirty-Sixth Con- 
 
 :, 4 •: .' ju-tmont pioposition, 55. 
 - \ \c .N .', Prprescnrative in Thirty-Sixth Congress, 
 ailju-tiiiviit proposition, 73; resolution on the 
 
 Mor.Tiis, .Mmis H., Representative in Thirty-Seventh Con- 
 giess. Ill; Thirty-Eighth. 140. 
 
 Mor.Ri-(i.\, Captain, siirn luler of Iiis vessel to rebels, 28. 
 
 iMor.P.is .\. William R., Representative in Thirty-Eighth 
 Cunsress, 1-40; resohUionon slavery, 259. 
 
 Morse, Freeman II., Representative in Tliiity-Sixth Con- 
 gress, 48: member of Committee of Thirty-three, 53; 
 of Peace Conference, 07. 
 
 MoriTO.N, J\CKSON, Deputy in Rebel Trovisional Congress, 
 11, 400; vote on sece'ssion ordinance 399. 
 
 Mor.TO.N', Oliver P., Governor of Indiana, signer of Altoona 
 address, 233. 
 
 MosECV. JouN, commission of as major of partisan rangers, 
 119 
 
 MuHTTOES, drafting in rebel States, 282. 
 
 McNXERLYX, J. C, Representative in First Rebel Congress, 
 401 
 
 Mu^Ko:-. Thomas B., Deputy in Rebel Provisional Congress, 
 40!l. 
 
 Murphy. Is \ac. Governor of Free State of Arkansas, 321 ; 
 votes and acti' n in secession convention, 399. 
 
 MlTEr.AY, Joi;n P., Ki presentative in Second Rebel Con- 
 grrps;. 4"|J; resolution ou Mexican question, 017. 
 
 Mrr^AV, Unite I States Marshal of southern district of New 
 Ynik, iihlii If I by the Grand Jury for tlio arrest of Ar- 
 siieil'-, -I'tj : proceedings in court upon, 355. 
 
 Mlt.r-.tt. Koi;!:rT T., arrest of, 153. 
 
 MYi R?, Amos, Reiiresentativo in Thirty-Eighth Congress, 
 140; rcsoluiion relating to the war, 292. 
 
 Myfrs, Leon.vrd, Representative in Thirty-Eighth Con- 
 gress, 1-40. 
 
 N 
 
 Nash, James H., Secretary of Rebel Senate, First Congress, 
 402. v.- 
 
 National Basks, proposed State taxation on, 363, 364. 
 
 jS'atio)ial Intdlijincer, adjustment proposition c f, 74 ; di- 
 gest of "personal liberty"' laws, 44; proposition of 
 writer in, 75; on disclosure, by "Eaton," of the dis- 
 union consijiracy, 391 ; on disunion caucus of 1835, .390. 
 
 National Currency, act of 1863, 362, 363 ; of 18G4, 363- 
 305. 
 
 Navy, disposition of vessels in, during 1860, report on, 8. 
 
 Neeraska, enabling act for, 377. 
 
 Negotiation, John^D. BaUhvin'g resolution against, with 
 rebels. 29S, 299; Niagara Fidls, 301-303. 
 
 NiT.RO SiTFRAGE, ]!ills to authorize, in Montana Territory, 
 niid AVashingfoii i-ily, anicudnicnts to and voles nium, 
 240, 241; vote on proposed, in New York and Illinois, 
 n<t((','li\; former in Tennessee, 3S3; proposed in re- 
 constructed States, 577. 
 
 Negroes, enrollnuiit of in "rebeldom," 282. 283, 427,428; 
 draft of for nnlitary service, 282 : to work on fortifica- 
 tions, 28j; impressment of, in (_;<i'i^ia, 2':;: i liiuiging 
 sentiment in the Rebel Congress v. si. (tin;,' the em- 
 
 ploynie 
 
 :>. 129; the 
 
 r, (.11,012. 
 
 Einiilli Cou- 
 
 NeL'roSnl.licr l.i! 1. ami ( i.^n- r,il L.'.'M 
 
 Nelson. 11 M.Mi.R A., Jiepre.^enlative in Xlii 
 gress, 140. 
 
 Nelson, Thomas A. R., Representative in Thirty-Sixth Con- 
 gress, 49; uicnilier of Committee of Thirty-three, 53; 
 report of 5T; one of th<'T<-nnes.see protesters, 438-441. 
 
 NESMiTri. .lAMrs W., i-V'iialor in Thirty-Seventh Congress, 
 122: Thirty riiglitli, 140 
 
 Nevada Territory, bill to org.anize, 89,90: admission of, 
 as a State, 460; Senators and Representatives from, 
 659; vote of legislature on r.itilying the aiiti-sl.ivery 
 amendment, 600; vote at Presidential election of 18t>4, 
 023. 
 
 New England, proposition of Garrett Davis to divide,2r)9. 
 
 New Hampshire, vote Ibr President in ISoO, 1 ; in ISO I. C2 ! ; 
 members of Peace Conference, 07 ; TliirtySixth Con- 
 gress, 48; Thirty-Seventh, 121; Thirtv.kighlh, 140; 
 "personal liberty" law of, 44; Diincierats (f, Rich- 
 viond Sentinel's response to resolution of, 331. 
 
 New Jersey, vote for President in 1860, 1: in 1804,623; 
 members of Peace Conference, C7; Thirty-Sixth Con- 
 gress. 48; Thirty-Seventh, 122; Thirty-Ei-hth, 140; 
 "personal liberty" law, has no, 46; vote of legislature 
 on ratifying the nnti-slavcry amendment, 597. 
 
 Newman. J. P., Rev. Dr., address of, at New Orleans, 523, 
 524. 
 
 Nr.w Mtsico. pro;joscd admission o'". 59. 
 
 New 0:.l;:wN . open I,) t;:'.l •, 149; luy.Utv of Episcopal and 
 
 Presbyteiiai. ( Imr.hei in. 513-5i5. 
 New.sPap.RS. exilii.slon and ruppiession of. 187 ; proeced- 
 
 rhaVgeS. Vcl',:. I'.V,-, ;,'::"i ,;,r .;,,■, , ''■ | „ ■ ^ i 1 1 ,' ' 1 Vs-1 1) i| 
 
 441.442; r.-:- I , i : - n;..,, i ■/.: . : ■. rr. . 
 
 New York, v(.i : i > ' , i l • I, i'_:',; 
 
 members "i V- • ■ i .-i;, ■, ii:: ■■. ii; : 'i'ii..;- ■■, .1 ii ( uii- 
 giess. -IN; 'li.iiiv S.v.ni 11.122: Thirl y-Kidilli, 110: of 
 ' lK-i,--.,nali;:.r.ly- law, 40: negro Kuf.rage in, JK./c, 241 ; 
 vote lit li L;i~l,iluie on ratifying the auti-slavery amend- 
 
 New York City, .^layor AVood's recommendation that it be- 
 come a free city, 42-14. 
 
 New Yi>rk Congre. smkn, adjustment proposition of, 74. 
 
 New York 1).:MuCRats, Lor 1 Lyoiis's st.itennmt of views of, 
 re-p.otii)g foreign mediation, 347: correspoiidenee 
 Willi Pre sidunt Lincoln respecting Vallandigham"8 re- 
 b'a.e, ]G7-i;5. 
 
 New York (Grant) Meeting, President Lincoln's letter to, 
 336. 
 
 JVew r.:rJc 3,'ew.^, C. L. Vallandigham's letter to, 423. 
 
 JVew VirlcSuii, adiustmenf piojiosilion of, 75. 
 
 Xtw York T.r,e.:,on t!i.' .i. i i- lajiime. 392. 
 
 .Veio Voil- j"riiuin;oii li. i . . peate, 303. 
 
 Niagara Falls Peace X. .. , , i , .. . "l-:;0.i. 
 
 NiDLAiK, \.ii,Li\M r.., l;.'!.. u,.i!i\ • i II TUiity-Sixth Con- 
 gre.s, m: a.: ,.,,: ....iit pi ..positinn oI; 54. 
 
 Niciiol\-, .'ii.! , . t K iiiucky, propjsition to amend the 
 C'l. -nil, ;:..!:.;■ ;, -00. 
 
 Nic:ioi.,r.:N, A. (J, r . .Sfiiator in Tliirty-Sixth Congress, 48. 
 
 NloB'-.T, EuGENiCS A., Deputy in Rebel Provisional Congress, 
 400. 
 
 Nixon, John T., Representative in Thirty-Sixth Congress, 
 4S ; Thirty-Seventh, 122; memberof Border-States Com- 
 mittre,73. 
 
 NOBLi:, ViARREN P.. Repres nitativo in Thirty-Seventh Con- 
 gress, 2i; Thirty-lCighth, 140; resolution of, respect- 
 ing the ) urposts of tiio war, 286; amendment of, to 
 the loan hill. 300. 
 
 NOELi., .loiiN AV., Repiesentative in Thirty-Sixth Congress, 
 49; I'hirt.v-Seveiith, 122; adjustment pioposiiion of, 
 5 J; on conn'cnsated emani ipation in the border States, 
 211. 217, 1:1S ; bill to promote emancipation in Mis- 
 .sonri,224,225. 
 
 NoKroLK opened to trade. 119. 
 
 JVnrt/i ^\iiiri'cni licview. President Lincoln's letter to pub- 
 lishers of, 336. 
 
 North C \umlina, vote for President in 18G0, 1 : members o( 
 PeacoCoiiference, 9; Thirty-Sixth Cmi-p.-s, 4S, 4.); 
 D.'puties in Ri-bel Provisional Ci.n.i.— . n; i „;,.■„ 
 elected, 401; :^lembers of lirst Cm . -. \ 4 .J; 
 Serni,d,40i,r,n:srr.-ssini,ni..v.in.-lil |.,l : ,; :,:.ii..I 
 Le-islatinv,4; s i:-,;r... an.l siinvn ;. i-L ; :■ . . ■ ■,.,;■ 
 
 in the army, 399. 
 
 NoKTinvE.sTEKN CoNFEDER.iCT, Cincinnati Gazette upon the 
 intrigue for, 42. 
 
 Norton, Elijah U., Representative in Thirty-Seventh Con- 
 gress. 122. 
 
 Norton, .JESSE 0., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Norton, N. L., Representative in Second Rebel Congress, 
 402. 
 
 Noyes, AVilliam Curtis. .Meinber of Peace Conference, 07. 
 
 NUGEN, IioULRT II , Kepresent.itive in Thirty-Seventh Con- 
 gress. 122. 
 
 Nye, .Ia.mes \V., Senator in Thirty-Eighth Congress, second 
 .session, 559. 
 
 Oath of allegiancf, bill reijiiiring from lawyers, 602 ; 
 Irom Senators, iioti; (.03. 
 
 Ochiltree, \\ illiam 1!., Deputy in Rebel Provisional Con- 
 gre.-,.s. 11,400. 
 
 0'CoNon,CnARLi:.s, Letter of George N. Sanders to, 330. 
 
 Odell, .^losLS K.. Kepres.nlaiive in Thirty Seventh Con- 
 gress. 122: Thiil\-Ki-lilli.l40. 
 
 Offhe, rerlain p.T.s.nis iiieligibk-to, act declaring, 376. 
 
 Office, civil and mililaiy, iiiicii.palihility of, 375. 
 
 Ohio, vote fur I're.sidcnl in ISOO, 1 ; in 18;,4, 023.; members 
 of I'.-aee Cniihrfiice. f.S; Tliiil v-Sixih Coii-re.ss, 4 j; 
 Thirtv-Sevi-ulh, 122: Thirty-Kigiith. 140; n.> ■•persoi ai 
 liberty' law, 47; v.itc of legislature on ratitying the 
 
 Ohio Diimoi r ats. roncsiiondence with President Lincoln 
 relative to Mr. Vallandigham"s return, 107-175. 
 
 Oldham. William S.. Oepuly in Rebel Provisional Congress, 
 11,400; Senator in First Rebel Congress, 401; Second, 
 
644 
 
 402: viowB on sequostration, 205; resolutions respect- 
 ing poMcr. 616. 
 
 Oi-DrN, I nAiiLCfl S., Momliei'of Pence Coiii'erenoo, 07. 
 
 Olin, Auuaham B., Ripresentiitivo in Tliirfj -Sixth Con- 
 gress, 4'*; Thiity-S^venth, 122; opinion in /lateus air- 
 j)iis case, 662. 
 
 O'Neii.i., CtiAULES, Kcprcsentative in Tliirtv-EiijTith Con- 
 grcis, 140. 
 
 O'Neili., JonN, Representative in Thirty-Eighth Congress, 
 UO. 
 
 Opinions of the Attorneys General — J. S. Black, upon the 
 powers of the President, 50-52; Edward Bates, on the 
 power of (he President to niaho iirresls and suspend 
 tha writ of habeas cm-pus, 168-101 ; Caleb Cuehiiig, on 
 inviolability of United Sititesniails, 189, 190; E.lward 
 Bates, on pa.y of colored chaplains, 279, 280 ; on pay of 
 colored soldiers, 384, 385 ; on citizenship of colored 
 persons, 378-384. 
 
 OsD. Edward O. C, Major General, despatches at Hamp- 
 ton Roads Conference, 567. 
 
 Orders, military, respecting elections, 308-316, 445. 
 
 OuDLM of Abraham Lincoln — see " Lincoln, Abraham. " 
 
 Ord;;r3 BESPEcriNa a draft, of Secretary Stanton in 1862, 
 272; iul864, wo<e, 604. 
 
 Ordfrs RESPECTixa ARRESTS, of Secretary Cameron in Mary- 
 land Legislature, 163; General McClellau, SOP, .30J: 
 Secretary Stanton, 154; General Augur, 187; Generals 
 Bntlerand Wild respecting Rev. S. H. Wingfield, 553, 
 651. 
 
 Ordehs respectixo churches, of War Department con- 
 cuiniiiLC chnrcbes in the insurrectionary States, 521, 
 622: of Gen. V.afrh in Monipliis, 522; Gen. Scliunck in 
 Baltimore, 624, r,J'. ; (1 iviiils Curtis and Schofield in 
 St. Louis, 53:;, r- 1. ..:;:,, r,; 7 ; Generals Rosecrans and 
 Pope in St. I,oin<, :'.:;■;, Till: Col. B. G. Farrarand Gen. 
 Brayman in Ivatclu'z, 538, 541 ; Generals Butler and 
 BoweniuNewOrlcans, 542, 543; Gov. Andrew John- 
 son in Nashville, 542; Gen. Wild in Norfolk, 542. 
 
 Orders re.spectinq colored troops. Secretary Stanton to 
 Gov. Andrew. 279; of Major General Palmer respect- 
 ing freedom of families of, iiotp, 504. 
 
 Orders respecting elections, of General McClellan at 
 Maryland election of ISol, 308, 309; Generals Di.x. 
 Sohenck, Fry. ami T.vler and Lieut. Col. Tevis, 309, 311, 
 312 ; Generals Burnside, Asboth, and Shackleford, and 
 Lieut. Col. Johnson, and Colonels FoStrr and Mnndy 
 in Kentucky, .313,314; Generals Hall, Schofield, anil 
 Rosecrans in Missouri, 314, 315, 445. 
 
 Order s respecting fugitive slaves , of Gen. Mansfield, 245 ; 
 Washington City Provost Marshal, (Brig. Gen. Andrew 
 Porter,) 245; Gen. Fremont, 246, Gen. Wool, 248; 
 Gen. Ilalleck, 248, and proposed censure of, 253, 2o4 ; 
 Gen. Hooker, 250: Gen. Doubleday, 250; Gen. T. 
 Williams. 231; Lieut. Col. Anthony, 251; Secretary 
 Stantcm toGen. Saxton, 252; Gen. J. M. Tuttle, 253; 
 Gen. Roberts, 253; Gen. Grant, 44-3,444. 
 
 Orders kespecting impre.ssment and puot.'^.ction of prop- 
 EKTY, of Gen. McDowell in A'irginia, 251; Generals 
 Ilartsnlf and Boyloin Kentucky, 315. 
 
 ORPEnsiiiiM-ECTiNG sale OF FIRE-AKMS, of Gen. Ileintzelmau 
 in C'liliiiiilm!-', no(c,4i8. 
 
 Okdeus, Ulukl, of Col. W. M. Clnircliwell, 121: Judali P. 
 Benjamin on bridge binning mi'l innsfs, \^' \ res|)eet- 
 ing emancipation, 118: lor . in >illiiiiiit nt' iirrsons lie- 
 twecnl" and 50, 427: lor eiin.niinht ..f iirgroes in 
 Liinisiaiia, 42S; lor revocation of d.-tiiils. 42S. 
 
 Oregon, rnlo li^r Pnwident in 1800,1: in 18(J4, 020: not 
 n'l'iesenteainlVaceOin!eience,4'.l: nieinbeisotriiii-l y- 
 Si.xtli Con-i-ess, 48,49 ; Thirty-Seventh, 122, 123; Tliirty- 
 Ei.-hth, 141. 
 
 Orr, James L., conunissioner to Washington, 2; correspond- 
 ence with President Bnchaiian. 29-32; <onnnissioner 
 from South Carolina to Georgia, 11 : received by Con- 
 vention, 3; S.-nator in I'iist Rebel Congre.-^s, 401 ; Sec- 
 ond 402; objeclii.ns to bill repealing substitute law, 
 121 ': voteoif.secessini, oidinanci^ 3:i9. 
 
 Orr, John A., Repr<'senraliV(i in Second Rebel Congress. 402. 
 
 ORTil.lioDLOVE S.. Mciiil aT ot I'eace Conference, OS; Repre- 
 sentative in 'I'liirtylaubth Congress, 140; amendment 
 
 3,11, 
 
 It i> 
 
 Owens, J 
 
 AMES B., Deputy i 
 
 1 Rebel Provisional Congr 
 
 400; 
 
 vote on secession 
 
 ordinance, 399. 
 
 Pacific Republic, intrigues for, 41; Shasta Herald upou, 
 41 ; <S'jn Frandsc'} Bee, 42. 
 
 Paine, E. 'I'., Colonel, arrested for declining to return fugi- 
 tive slaves, 261. 
 
 P.1LMER, John M., Member of Peace Conference, 68; Major 
 General, order announcing freedom of families of col- 
 ored Buldicrs, Ko^f, 664. 
 
 Palmer. Georqb W., Representative in Thirty-Sixth Con- 
 gress, 48, 
 
 Parhe, J .UN- , Major General, desiiatches at Hampton 
 
 P.ARK r, 1 ; :>roi' Peace address fron? Great Brit- 
 
 ain, ■' , ; lire with Secret irv Seward, 450. 
 
 P.ITTI1 - .-, .1 'M.<\V.,J(epresciilativeiiiThirtv Eighth Con- 
 gr .-.-s. 1 40, 
 
 P,\TrEr.so.\, Judge, East Tennessee, Benjamin's order o!" ar- 
 rest, iintr, 187. 
 
 PATTi-RSON,jl.or,LRT, Major Genera!, proclamation, 244, 
 
 Patto.v, John, Representative in TLirty-Seveulh Congress, 
 
 Pa¥ o_f colored soldiers, Opinioag of Attorney General upon, 
 279, 260, 384, 385 ; proposed iirohibition of pay to, 
 
 Pay of soldiers increased, IIG, 272. 
 
 PE,iCJ, Alexander II Rt'jiiliens's letters on, 430, 431, 458, 459; 
 
 ii|iton Koails 
 iierals Grant 
 
 (i;irrettD,i- 
 is of Messrs. 
 lid, Dawson, 
 ;ue Negolia- 
 I- upon, C03; 
 
 movements 
 
 Cu.x, fernamlo W,,.h1, li,,, 
 and Wiliianis, C74, 676: :m:: 
 tio!iv, yol-:o:3, and Horace t 
 pni|iosiliiins in Reliel Coii-r 
 
 in le-i>lalures of North Carolina, Virginia, Alabama, 
 and (ieoi-ia, 619-622. 
 Peace Co>Fi:RiNCE, Pi-opositions of, rejected in Virginia 
 Convention, 7: W hln t.M !.I gram of Charleslon 
 M.'i-rui-ji lespectiii. ' 1 > s to, officers of, pro- 
 
 ceeniii;_;s. and in-; - : ,, 1 votes in, 67-69 ; Con- 
 
 PEAe ■, Pi;iiio,>iTiONj IN CiiNiiM-.-s, 294-300. 574, 575; corres- 
 jioiiileiiet! between Pii'^ident Lincoln and Fernando 
 ■W Muil, L",)0, :;;i7 ; Aiairara Falls Conference, and 2\Cio 
 I'ork Tnijiine on pro.- pects of peace, 301-303; llich- 
 mo/al Kxaiiuner on, 399. 
 
 Peace Ppopositions, R:;i!el, in their Congress, and debate, 
 303-307,614-016; in Senate of Virginia. 304; Legisla- 
 tiuesof N'orthCarolina, Virginia, Alabama, and Georgia, 
 304, 3:;0. 619-622; l!ichm(.n<l press upon, 305. 
 
 Pearce, J \MES ALrRED, Senator in Thirty-Sixth Congress, 
 4S;Thirt,v-Scvenlli, ll.2; death, 123. 
 
 P£.\RsoN, J ndge, of North Carolina, opinion on habeas cor- 
 pus, 120. 
 
 Pendleton, George XL, Representative in Thirty-Si.-vth 
 Conaress, 49; Tbivtv-Seventli, 12-:; Tbii tv-Iv-hlli. MO, 
 re< l,;|:..i;- I, I, ilix. Mo ]:.,];;;,,, ,:,-r..i:.MV. r.':,:- \ „;ers, 
 
 1-', : -• .1 1. I . : [■ .:.-.: ! . '- - 1^2, 
 
 ar: ; ■ : ■ ■ \ .r/ .;;!,,, , . : J, .. .' ■ ',• - , ;■ ■itiho 
 
 t!;o 
 
 1' : ' I'l :: ,ai:il ('.invention, and remai'ks on i;c- 
 
 (I'l . , ; , U at Dayton, 421; in New York, 
 
 4:j; :. .h K, .'_.;. 
 
 Penmni;iii\, W 11,1 : \Ai. Representative in, and Speaker of 
 lliii.se.Tliirlv bi.xtliu.ii-re.ss, 48. 
 
 p£NN,svEvv;r\. vnto fur Pr.si.lent in 1800. 1 : in 18G4, 623; 
 iiL'aiilMT^i.r l',.„-,.|-o„f..,en—, >r,: TlntvSi.Nth Cou- 
 
 giT - I - 'I !n: I'.- ili,l-j;: 'i-:i:' h-i i-:itli,140;per- 
 
 '.^■<v I !■ . I— - . . 7 .' . : :i . 1 MiM-e;neCourt 
 on , , i. o.,, Ml ,,, .. _o . ^, 1; , , ..oo., on "legal ten- 
 on.' -i.:..;, ; Noir oi 1,-iMatnLe 1.1! laulMUg tlie anti- 
 sla\erv aineniOnent. 6'.i7. 
 
 Penrose, SvMiiEL.aire.itoi; 163, 
 
 Pen.s.\col\, port of. opened to trade, 149. 
 
 People's C\mmitt£e, address of, 410, 
 
 Perea, Francesco, Delegate iVoni New Mexico, declaration 
 of, ),(,!,', 6;'0, 
 
 Peru AM. Sid.vey, Representative in Thirty-Eighth Congress, 
 140. 
 
 PERK1N.S, John.Jr., Deputy in Rebel Provisional Congress, 
 11, 400; Representative in First Congress. 401 ; Second, 
 40 ; repoited oft'ered and declined Secretaryship of the 
 Navy, 400 
 
 Perry. Joseph J., Repre.seiitative in Thiitv-Sixth Congress, 
 48; Member of Peace Conference, 67. 
 
 Perry. SI. S., Governoi- of Florida, message of, 2. 
 
 Perky, NEiitMiAii. Representative in Thirty-Seventh Con- 
 gress, 122: Thirti^-Kigbtli, 140, 
 
 Peruv.man, John D., one of the Tennessee protesters, 438- 
 441. 
 
 Personal liberty laws of Maine, Ne,^v Hampshire, Vermont, 
 Mas.sachusetts, Connecticut, Rhode Island, Now Jersey,' 
 Penns.\ Ivania. Miehi,gan, Iowa, and Wisconsin, with 
 movements to modily or repeal, 44-47 ; complained of 
 in South Carolina Convention, 16; Alexander H.Ste- 
 phens upon, 24, 25; propositions in Senate Cominitteo 
 of Thirteen, 70; resolution in House, 68, 75; remarks 
 of Senator Simmons upon, 47. 
 
 Petigru, James L., argument on sequestration, 206, 206. 
 
G45 
 
 PrTTIT. 
 
 4 I. 
 
 Pettl-, 
 
 ii; 
 
 P.YTO., 
 4il 
 
 U.. rvrpivportriti 
 
 in Tbirty-Pixth 
 
 : . AiiiUaiua to Mi.ssiKsippi 
 
 stiitenicMit rospect- 
 -ee protesters, 438- 
 
 -ress, . PoTTi.E, Emory 15., ru-prcsciitiitive in Thirty-Sixth Congr 
 
 it Rebel Congress, 
 
 Peyton, Robert L. Y., Senator 
 40i; withdrawal, 40J. 
 
 PiiYTO.v, Samuel 0., llcpresentative in Thirty-Sixth Con- 
 gress. 49 
 
 PrtELAN. Jamks. Senator in Fir.^t Kobe] Congress, 401. 
 
 PuELPS. J""--' s . !:.■;. r,-^,.iitiitive ill Thirt.v-Sixtli Congress, 
 
 41): '!l,i \ '1' 1_2; nieniber of Cuiniitiee of 
 
 Tliiity i ■; ' iMit.oS; views on eoinpensated 
 
 i-iiiMin ij- ; I ii. _l. ..17: vote for Viee President in 
 DciiKiciaiK- .N.uiiiu.ii ( oiivention, 4'20. 
 
 Piii;li'S. Tlmothv G., Kepresentative in Thirty-Seventh 
 Con-iess, 122 
 
 Pinm>::Li-nn I'Ain, President Lincoln's remarks at, ."37. 
 
 Pini.i.u- ^ -iMiy. (Arkansas,) purchase of United States 
 
 or to Judge Stallo, 411 ; to Cleve- 
 
 412. 
 
 Pica;/',,,. . .V,!'j Orleans, on fall of Sumter. 114. 
 
 Pic-^JCN^ Colonel, of Kast Tennessee, lieujaniin's order of 
 ane,t, 1S7 
 
 PiCKEN;*, Francis W., Governor of South Carolina, 2; cabi- 
 n>-t, 2; proclamation announcing independence, 2; 
 deputation of, and instructions to Isaac W. ilayne, 
 commissioner to Washington, 32; course in caucus of 
 1835, 3j0. 
 
 PicKKTT, J. T., secretary to rebel coinniissioners, 109, 
 110. 
 
 Pierce, Franklin, Letter to Jeff. Davis, January 6, 1860, 
 .091 ; named in Chicago Convention for nomination and 
 %vitlMliawii.4L'0. 
 
 PiERi'OiNT, FiMNiis II.. Governor of Virginia and signer of 
 All.ioii:i:i.|.lr<-s, i;:;.T 
 
 Pike, FKi:M., : A l; i.i--.-iit,itivciii Tlnrtv-.Srvntli Con- 
 gres;.^, IJ :; i i.ili 1 lo; :.iii.ii 'ill. Mt lo extcud 
 
 enrolliii. i ,, |i;.i. |ML.,n,,.| :;> ;y > . ir. uiago, 2GS. 
 
 PiNCKNLY, .1 . r .jii I 1, r -ii.Tiiil sr,s>i,,ii ,.i .M;ii;vland legis- 
 lature i.t i.m;i, .S 
 
 Pitts. Charles H., arrest of, 152; offer of negroes to Bal- 
 timore Police Commissioners, 393; motions and votes 
 in .Maryland L.-islature, 3,10-39.^. 
 
 PiTTSEur.o e.\citcii)cnt in, on attempted removal of guns 
 frun. All.'L'li.'iiv .\r^cnal.3j. 
 
 Platforms, ot Raltiinuro Cmivontion, 406; of Cleveland 
 Convention. -Il.i: oi l.-nioii l,e:i-ue. 410; of Democratic 
 National Cuiiv. iition, 4V.». 420; Yallandigham's letter 
 upiiu. 42:;; C'lU-ia-vaiivc Natinnal Union men, 423. 
 
 Police Commissi. iiiers, Daltimore, arrest of, and rciU^ons, 
 l.j2: application to Congress, 179, 180; minutes of, 
 39.:. 3J4. 
 
 Policeman David Daneker, of Balimore, refusal to"conde- 
 sceiiii" ii. puil i!iiwn Ihi' Aiinrican ll.ig. and resigna- 
 
 PoLL-iCK,' .1 ■ V M :'......<■ ■.•hce, 67. 
 
 Polk, Lkom ,1 , 1 .1 ■ t. .515; commis- 
 
 sioned.:!,; ■ <. 'r r, i- 1 ,;'|. ' l;^i ^ Ariiiy, With Risll- 
 op Meade'.s a-lvice to, and Uisli^.p liiirgess'.s opinion of, 
 note, 515; allusion to in pastoral letter, 4S6; and death 
 of. noil:, 515. 
 
 Polk, TnusTEN, Senator in Thirty-Sixth Congress, 48; 
 Thirty -Seveutli, 122: telegram to Missouri, .39; amend- 
 ment to resolution ou the cause of the war, 286; ex- 
 pulsion .,f. 12!. 
 
 Polygamy, t. pr..hi:'it in Ct.'ih, 376. 
 
 PoiiEROY, S.iMi i:r I',. ,< 11. 1' 1 ill 'i'liirty-Scventh Congress, 
 122; 'I'liii t\-i.:j|iili I'u; ]ii. petition relative to repre- 
 s-iit;ai ii, ill lie' I,:- I i ,' ' ■ ;i-.e, :7S: relative to the 
 
 P"M< . 1; : ::,! ,11 'riiirty-Seventli 
 
 ' 'I ' i,!i I . i ! ^ V ! ' : ;i',-titnte for loan 
 
 I'l.l ■ •<: :.'..< h.|:,M-:,l I . I, ;;ei!Ml r n'ency bill, 361. 
 
 Pool .leii.\, res,,|i,li.iiis on Peace in Xurtli Carolina legis- 
 lature, 019 
 
 Pope. John. Major General, modification of General Rose- 
 cians's Cbuvcl. Order, .5,54. 
 
 Pope, The, repl^ ot ti. ili ■ i;.-l.el Commissioners, 517. 
 
 PokTEK, Alukrt C... !;■ pi ,~-hi iii\e in Thirty-^ixth Con- 
 gress, 49; Tbii u .-^. \ei,ili, li;2; motion and proposi- 
 tion oiien.unciiialiuulull, 200, 201. 
 
 Port Koval opened to trade, 149. 
 •I'i'Stmast;:i(s General, Opinions of, 188-191. 
 
 Poaio.N, Charles D., Delegate from Arizona, declaration of, 
 59o. 
 
 Pottp;k. .loiix F., Rein esentaiive in Thirty-Sixth Congress, 
 49; Tliiriy-Seieiilli, 122; .AIiMuber ot Peace Confer- 
 ence es. 
 
 PoTTEk U n.. Genera', President of the Vallamlighani mili- 
 tary court, 162 
 
 PoWi.LL. Lvz.uius W., Senator in Thirty-Sixth Congre.ss, 
 48; Thirty-Seventh, 122; Thirty-Eiglith, 140; chair- 
 man of Coiumiilee i,r 'I'hirteeii, TO; ameiiilineiit to 
 
 tion I'or Vice President at Hi m. '. , nil r, in- 
 vention, and vote for \ iee r , i i , •. .ji; |,i ,|,,f.ed 
 resolution and bill respecin. -ii, :,. ;;: i.-uiii- 
 tions relative to release of pre 11. 1. - i ;,!,-i. jn 
 Kentucky, 560, to compens He n ■ I I : . -. ners, 
 5(:i5; amendment to bill to a i:.'. n ,: i :, , i i n . a es, 
 502; to bill to secure freeOoia <•:' . 1 i-; > iMiers' 
 families, 565. 
 Powers of the President, opinion of Attorney C.ener;il 
 Black, 50—52; Chief Justice Taney, 155-158 ; Attorney 
 General Bates, luS-ltU. 
 
 PR.WT, J\MKS T.. Melill..-! el !' 'le,. C . ; , ;' ;■ ,:, ... 1,7. 
 
 Pratt, Tiie,Ms,|., ,ei|i:. : : ; : .Marvland 
 
 Le.-idatuie ,,f l.Md. ■■; |.: ., .. ! ,. :,' , .r ]„,anl of 
 piililic .-alety, 9; t^eij.Uur .Ma-sua .i ,lL.5iied interview 
 with, 3J3. 
 
 Presbyteiiian CnuRcn, Cumberland, deliverances of 1863, 
 473, 474. 
 
 Presbyterian Chdrch, (new school,) deliverances of 1''61, 
 1S62, 1863 and ISOl, 468-472: remarks of President 
 Lincoln to Committee of, in 1863, 471; Secretaiy Stan- 
 ton'.s order for occupation of churches in insurrec- 
 tionary States, 522. 
 
 Presbyterian CiiUROii. (OLD school,) deliverances of 1861, 
 1802, 1S63, and 1804, 461-4C6; reaflirming the testi- 
 mony of ISIS on .slavery, 4f.5; di-MMit of the Presby- 
 tery of Lonis\ille, .V22. In l\-i 1 ,,i ,,..., .... .S|Mi.s, 
 50.S-513; aeti.. I ..f il.'ii.T.il A-- : - , : '.' .:'■ :;2; 
 of 1862 and 1-iU, .MJ, :,]::: \ ■ e . . . .n . le \v 
 
 s/hools, ;.\::: ■.■li;;i..tii iii,;iu.u..e . : A'.:,,. i< 3, 
 
 51S: a 1 1,1 ; i. :ie...sec church, 513; Secretary Stan- 
 ■ ..ccupatiou of churches in iusurrec- 
 
 , , i;.'T^oPMED, resolutions of General 
 
 ti.e 
 Prescv , 
 
 ii:d, (old school,) Address to 
 .2, 472; resolutions of Synod 
 
 Pbesbvi: II \\ I i 
 
 Presil.air iaie. ; 
 inl 64.472, 4;.;. 
 
 Presbyterian Church, United, deliverances of LSCl and 
 1SG2, 474- of 1803 and 1864,507,508; orders of Secre- 
 tary Stanton relative to churches of, in insurrectionary 
 States, 521, 522. 
 
 Presby-terian Churches, in New Orleans, loyalty of, 514, 
 545; in East Tennessee, 546; Cumberland Presby- 
 terian, 546. 
 
 Presbytehy-, Tivanstlvania, of 1861, action respecting niar- 
 ria.ge of slaves, 458. 
 
 President, Election OP, Propositions to change the mode 
 and term, 54, 55, 57, 73, 87, 255, 250, .573. 
 
 President, powers of the. Attorney General Black, 50-52; 
 Chief Justice Tauey, 155-158; Attorney General Bates, 
 158-161. 
 
 Presidenti.\l Election, of 1860, 1; of 1861, 623; Mr. Lin- 
 coln's estimate of actual result, 558, 623. 
 
 Press, freedom of the, Justice Story upon, 1>^S: other pro- 
 ceedings respecting, 117. 1R=!-194, 411. U2, .■.'■2. 
 
 Preston, Jell. \ S., i"-..:iiii; -i.e. r ii .ai .-.!■::: '.■..;iiri to 
 Virginia, 11 : i. . . . i i i. . ■ .,i..;.i- 
 
 tioil ot 111- r... .1 i , I. ; .: , .i . :. ■■'>. 
 
 400| Represi'iilativiii ni'-'tCoiein -. : : ii.lii}'. 
 
 Preston, Wii LU.M liAi.i.Min, vote on ^. . . n liii.iii.-..', 
 
 7; Coiiiniissioner of Virginia in makiii ii: I > 1. ._ii,', 
 
 coin, 112; Depniyni il.i.. I l'r,.\i-;.a I i :;.;.uss, 4uj ; 
 Senator in Fir-i '■..n- i ■-. lei : i ;i: I, i 1. 
 
 Price, Hiram, K. J. !.■> 111. iiu.- m I ii.i ; i:, : in h Congress, 
 140; resolution relative to lurlou-ii.ug dialted clergy- 
 men, 564. 
 
 Price, Rodman M., Member of Peace Conference, 67: let- 
 ters of, in ISOO, found in Fredericksburg, Va., 3.;0. 
 
 Price, Thomas L., Representative in Thirty-Seventh Coa- 
 gress, 123; views on compensated umancipaiion, 21 J- 
 217 ; proposed resolution of, at Democratic Natiouc^l 
 Convention, 418. 
 
 PROCEEDiNfis of tlie Government in relation to the secesbiou 
 movement, 48-90. 
 
g:6 
 
 INDEX. 
 
 pROCLAMMiov OF PncsiniNT LixcnT.N. fur troops. ^^^. COl; 
 Hiiiiu-.-i.v, U7. 4,S; M..c-ii,HU', llii.COo: cuniiiu-icial inter- 
 ciairde, U.i. litOi ck'cl:\riii;c tli.' Iioiiiiiliiritsol tin; iiisiir- 
 ri'CIioii, liO; RU^pcndiiiK the privilr-w ot tiie wrilof 
 haheati corpus, 11 :, ITS; iiii.kM- coiin.si-alioii act, 20S: 
 rt'Mi ridiii j; (.1(1). ral Iliiiitfr's lirinlaiiiatioii, 201 : ruspect- 
 iii- rcciislMiclioM l.ill, ;J18, :,li); of fiiiaiR-ipiitiun. 2.^7, 
 22S: i)aril..ii to d-scrters. COl; on eciuality of lights 
 with all laaiililM,. nations, COj. 
 
 Pkochmatiox, of Uciii'ral .McClcUan in Western Vir-inia, 
 2U: (.uMnMal l>:iiiursun, 24 -t ; Llcneval Ireniont on 
 eiMan.'iiK.tinii, 2-ir,. 2K5; of ticnrral Thomas \V. Slier- 
 nnn,2ts: ofUrnoral John A.lJix. 24S; (icncral IXirn- 
 eiile in Norlli Carolina, 21'J : (Icncnil llallccli, 2C0; 
 Genei-al lliintcr on enian( ipatinn, 2.j0 ; of governor 
 
 Brailfoid, ;;UD, olO; of U,.vei- ■ Lannun of Helaware, 
 
 312; of liovenior.l. l'. llohihson, of Kontui-ky, oia; 
 Governor Andrew ,Iohii,on for eUction in Tennessee, 
 436-4:jS; of Major Cloneral Palmer, ni.le, 5G4. 
 
 Peocla.mations. Ui;m;L, Davis' -tof lianishnient, IJI ; on con- 
 scription, 118 ; iJiarlial law, IJI : ..mliiwry <if General 
 Bmler, nnle,2S'-i: (hiveniof J. 10. laown oiinuithern 
 detj.s, 3; (Jener;;l M. .1. if. Tleanii.^d , Ji-V ■, 215, 246. 
 
 Propertv. rehel rei;iilalii»os lor destro.viii.:;, 117. 
 
 PiioposKD censure of officials, proceedings" of L'onsress on, 
 a8G-;jSs. 
 
 PBjposnio.N's of juljustmeut— see '• Adjustment." 
 
 Pkotestant Episcopal Iiiurch. action of General Conven- 
 tion of the Uoidd St;ites, IS:!-]:)!; pastoral letter of 
 Bishops, 4SC-4MI: ihrii- i.ii.uie ,.r IJishop P(dk, 4'6, 
 487; protest ul lashi.p ilupkii.s and his rejecled ad- 
 dress, 4S9^'J3 ; I'resideiit Lincoln's response to the pas- 
 toral Address, 40! ; protest of Peiins.\ Ivania Epi.-icopa- 
 lians against Bishop Hopkins's defenre of slaver.v. 493, 
 494 ; iic ion of Pennsylvania Diocesan Conventiou, 403. 
 I.N iNSur.Rf.cTioNAUV SiATi;-; : Alabama Diocesan Con- 
 vention, 515; Geucral Convention of ISGl, 515; of 1SC2, 
 and pastoral letter of ili.shops, 51;., 510: Bishop Polk's 
 pastoral letters, assumptioii of military duties, and 
 death, 515; loyalty of New Orlc in,- churches, 543, 541. 
 
 Protbsts, of30 meniber.s of House of lieprcs-entatives against 
 the indemnity Liill, 184, 1S5 ; ol nine Senators against the 
 bill to punish co.spii-acie.-:, 377: of Tennesseeans 
 against Governor Jolinson'N pro, Lunation. 4:_;S-441 ; re- 
 ply of President l.iiieoln, 425: oi I'mn-', iv.miaEpisco- 
 palians against Dishup ilnpkin ,'s il.irnce' o)-.-<l.ivery,403, 
 494; of niemliersof Ualtimoru Methodist episcopal Con- 
 ference <if 1861, 40tj. 
 
 PROVISI iNAL Cabinet ot .Tetr. D ivis, 12, 400. 
 
 PuovisionaL Constitution, Rebel, adopted, 12; particulars 
 of, 12. 
 
 Provisional Congress. Rebel, names of deputies and officers, 
 1I,4U0; proceediii.ij.sof, 12. 
 
 Pkuy.v, Jon\ V. L., Representative in Thirty-Eighth Con- 
 gress, 140; resolution relative to the seized newspa- 
 per offices in New York, I'Jl. 
 
 Pr.TOK, Roger A., Repn sentaiivein Thirty-Skxth Congress, 
 49; address to tiio people of Virginia, -lO ; adjustment 
 proposition of, 73; resolution on coercion, 70; on bom- 
 liardmeiit ol Sumter, 1 12 ; Deputy in Rebel Provisional 
 Con.u'ress, 400; Representative iii First Congress, 402; 
 relir.-d, 4v)-', 
 
 PtTULic Cr.EiiT under Buchanan, CG5, 366. 
 
 PuBLie liRiiT — .-tatements of amount at different periods, 
 3ti5-:jr„i, 601, 002; Secretary Chnsq's letter respecting 
 tlic 1 edcmption of in gold, note, 3r.1 ; „| rebels, 3;;0. 
 
 " Pur.Lic Safltv" bill in Le-islature ot Maryland, 3,)8. 
 
 Puoii, Gr.oiioEE , Senat .j in Thirty-Sixth Congress, 48 ; ad- 
 justment piopo.Mtion, 03. 04, 
 
 PUGII, JvM,^ I, I'o-j.iv. -nt .llvo in Thii-ty-Si.tth Congress, 
 4',i: In, 'Hill. n-. In t:l.i:ii; hk b('at. 392; declaration 
 re.-^pert;i:- -, . r--io:,, ,-,:;; ,v< ntlele-i-amSourh, 37; with- 
 drew, 4. i;epie.--rntaiive in Fust Rebel Congress, 401 ; 
 Seconil, 402. 
 
 PunVEAR, Robert C, Deputy in Rebel Provisional Con- 
 gress, 400. 
 
 QUARLKS, James M., Representative in Thirty-Sixth Congres 
 
 QuiNLAN, Ml., arrest of, 
 
 Radford, William, Representative in Thirty-Eighth Con- 
 
 t;ies.-4, 14U. 
 RaiSi.n. Mh , arrest of, 152 
 UnicKjii StantliLid. sensation article of, .38 
 R.\LL>, Jon.\ P.. Keineothtative in lust Rebel Congress, 
 
 401 , Secon.i, 402 
 RaMoaIT, Ja?.i£3 U, Representative in Second Rebel Con- 
 
 gies»,')U2 
 RA.^^ii All.sa.\deii, ben.itor lu Thulj Eighth Congress, 
 
 Ra.ndm.l, Samull J., Representative in Thirty-Eishfh 
 
 gres>, 10. • ' 
 
 Randall, 'William II., Repres'^ntative in Thirty " 
 
 Randoli'ii, George W., vote on srcew^on ordin.-ince, 7, noif, 
 dtleg.Uofroin \ irgini.i to l'iesri"ft Lincoln, 112 ; de- 
 clin.d to receive ereolVs into I'lr •a'liiaij service, and 
 reason lor, 2S2; Provisional Secivtitry of War, 401 ; re- 
 signed andapliointed brig idler. 401. 
 
 Randolph. Jo.sEPH !•'., Member of Peace Conference, 67. 
 
 Ran.nom, M. W., CommissioutT from North Carolina to 
 Rebel Provisional Congress, 12. 
 
 Ratification or the ANTibLAVERY Amendment, Mr. Su 
 
 RE.tD, Henry E., Representative in First Rebel Congress, 
 401 ; Second, 402. 
 
 Read, John M., Justice, opinion on enrollment, 273. 
 
 Reagan, Juiin lI.,.Representativein Thirty-Si.xUi Coiigress, 
 49; Deputy in Rebel Provisional Congress. 11, iOoj 
 Postmaster General in Provisional and Permanent ad- 
 ministration, -100, 401. 
 
 Rebel Administilation, names of persons composing, -lOO- 
 402. 
 
 Rebi.l Army, strength of, 121, 399, 612. 
 
 Rebel Cojimi.ssioners, appeal of cerUin, to Earl Russell, 
 and reply of latter, 27; corrHE(ioiuknce of certain, 
 with President Buchanan. 29-u4-, intercourse of cer- 
 tain, with Secretary Seward, 108-110. 
 
 Rebel ( ongressls, nanus ot members aL-d officers, 400-402. 
 
 RuiiEL Di;ET, 208 ; resolution respecting, o75, 570. 
 
 Rebel Enrollment Orders, of persons' between 17 and 50, 
 427; of negroes, 428. 
 
 Rebel Iinaxcial legislation, 368-373, 6:S C14. 
 
 Rebel IndepeiNDEnce, demands and terns, 303-307, 329- 
 332. 
 
 Rebel Legislation, military, 117-120, 011-613; letters of 
 marque, 117; conscription laws, IKS, 11.); on /lai/eas 
 curpuo, \&1 ; sequestration, 203,613; military eniploy- 
 mcntof colored persons, 2Sl-2i3, 611 ; on p'ace, 30^-307, 
 614-617; reconstruction, 329-332; ta.\alion, 368-373, 
 613.014. , 
 
 Rebel States, electoral vote of, 318, 319, 577, 578; resolu- 
 tions on their relations to the Gov. rnment, 322-329; 
 , reconstruction of. 317-322, 435-437, 570-5l,8. 
 
 Recognition, of llayii and Liberia, recommendation of 
 President Lincoln, 130; bill for, 239; of rebel independ- 
 ence demanded by Legislature of M.iryl.auk3J7, 3'Ji; 
 of independence, the sine qua non of rebels, 31)3-307, 
 329-332, 506-573. 
 
 Beconstruction, proceedings respecting, 317-S31 ; relicl 
 press and politicans on, 330, 331 ; George N. Sand rs 
 on terms of, 330 ; General Grant's letter on, nnt:, 57 I ; 
 reports, proceedings, and votes in Congress upou, 5V6, 
 577, 581-588. 
 
 Recjnstructi'JN, views of various rebel leaders. Legisla- 
 tures, Congress, and press upon, 329-332. 
 
 Rector, Governor, of Arkansas, reply to President's first 
 call for tro .ps, 115. 
 
 Reformed Prot.-stant Dutch CncnCH, Action of, 4S2, 4S3. 
 
 Reid, David S , iMember of Peace Conierencc, 08. 
 
 R1.ID, John \V., Representative in Thirty-Seventh Con- /" 
 gre.ss, 122; expelled, 123. 
 
 Report to the South Carolina Convention of Mr. Khett, 12- 
 15; of Mr. Meiumiuger, 15, 10; of Mr. Wjihers, 10: 
 of Major Anderson to the Secretary of \\ ar, 114; of 
 committee and Secretary Holt on secret or^anizatiuu 
 to attack Ihe capital, 8U-82 ; of Mr. Dawes on the nis- 
 positiou of United States vessels, also re.-:pei tin.; res- 
 ignations in the navy, 82-84; and minority, by Mr. 
 Branch, 81; majority by Mr. Reynolds and minority by 
 Mr. Dranch upon bill to aiuhori/ie the Pie^keiit lo'eall 
 out the militia, b5 ; of committee on Ike eoiie.^pond- 
 eiieo between the Pre-identand tlie -^-peeial eiiv. y of 
 South Carolina, 85; of Committee on .luoKiar. respect- 
 ing supprissioii of newspapers, ISS-l'Jl; on iraiisler of 
 arms South in li59-'00, 34-o0; ol Ilou.ie Committei! of 
 Thirty-thiee, 57-02; of Peace Coiikrenee, O5; Senate 
 Committee of Thirteen, 09-73; of John i ocluane on 
 imports bill, 79, 80 ; of several on reconstruction, 
 5sl-5S8. 
 
 Reprlsentation, Apportionment of, proposed constitu- 
 tional amendment to change, 591, 592. 
 
 Resignations in the navy — see -'Report." 
 
 Resolutions lor protection of slave property in the Terri* 
 torie.!, 90. 
 
 Resolutions in tlie Maryland Legislature, 357, 308. 
 
 Re.50LI)TI Nsolleredat seeond seision of Thirty Sixth Con- 
 gre.-s, 58-.-9; in Thirty-s<eventhund ThirlyEigli hCon- 
 grcsses. on arrests, 179-183, oOO: on uew.-papersiipiircs- 
 sion, 191; compens.ted einanciralion,20 1, -10,2.0. ono; 
 • eniaucipaiioli pi oclanuttiun, 229-231; Geu. llalleck d 
 
047 
 
 ord-r. 2r,n;8liverv,''51: rnn'liint .-.rt, 270, 
 the »: jei Is i fl lio war. S -Jaj: iIil> iros.-cr.ti 
 w.,i-. li'.O- t. •;) co"2a4-J V... 7-:: 0-',( 
 
 itaij' orilers ( 
 
 niiigi 
 
 lis, yi." 
 
 ' chu.oiis ot 
 
 tlieio'H-UidUS St; tes lo ll.c 0<.voi nmpiif, C2 - JJ: ii-- 
 rest (if Mason and Hi li:ll, M:!; iiii.n.mlii ;.l iiiirisms 
 ill Central : iid H.mtii Anin-i m. Gi:;: f rci- i nip.li.itioii, 
 34t),oli ; llieFnMiCh in Mf\i<o,oiS,;:iJ; llio Aijiuulk'S 
 case, ;:5l, 355: taxtifitm. 3.j'.): ihcoiniiatiMlitv of civil 
 ui!diiiilir:.rv<.:Iic.', o7.3: (!■• lari - (ri-lii;! p'Tsunsin- 
 olk'.l.lc f'> i-d'ho. -^lO; I'V. lu.-d (-...Mirn of I'l-oident 
 Lin.-..1„, :;'■(•,.>.(• <-x-l'r(-sidcMt llu li i-.an. ^ 7, a ^, U p- 
 r. >,Mi li., . r. n;-:iiid llan-is;- r.oS;; <m f irl^iig .iu,- 
 (If, i ; • Mifn 001; on (■Mifis,-:'.'i!]:4 ));o;)ci-,.y of 
 d ■ ' ': ..nc>U:,tifu(oTT I jiovois.. '■.(•.; on addi- 
 
 ii,M;,| .:,, I, : ^ loi- tlio liixrli.s or tho Ji-ipli', r,7.i: 
 on III ' III ! ■ I, t M ,, ,;i i,'i,ii , ill ,ini-ndmunt,.'.91; 
 
 Kes )m- 
 
 ill iilcnce. G2.1, 4'6. 
 
 Le;islalu:('of<;eor-ia,:;-0, ■■0,1, CI. (j2J: of North Car- 
 olina, 3;J0. 0!9, 0.0; <.f l-onisiana 302; of Mississ'iiin, 
 £93; of Alabama, 450; of Virginia, 620, 021 ; of Texas, 
 616. 
 
 Retnolis. 1:dwin U., Representative in Thirty Sixth Con- 
 grros ■, 48 
 
 Ret .oi.rs, .lo'-y 11, ReprcRcntativo in TUirtv-Sixth Con- 
 •rros;. 4';-, i;: ■!:•'■ rof i^.-lect Comniittuoon Military and 
 X.-iv:-,l All- .'';., i-it of. 85. 
 
 Rhej t, i; r, : ' . ,^r.. Deputy in Rebel Provisional 
 
 Cou^'ir -. -, 1. I ; i,;ort inSouili Caroli la convc-n- 
 tionri--l-,>: !■ li •',- ' II. ^": ^i w,-^ I'll fugitive slave 
 law, .8; vote ou -, ^ i - i:(:iii,'-. ■':'.• '. 
 
 Rhode li^UND, vot' r ; Ti ; ■ t n. l^.i i. 1 : in 1SC4, C23; 
 uieml.ei-<of I',,:, > • i , . i7; l l;irt\ -Sixth Con- 
 
 . i: . ;. 1,1 1 M, l:. 'ill' lv-Si\tll Con- 
 ,--<'V •:.tli,l-J: Tairtv-Cu'litli, 110. 
 joniitor in Thirtv-^ixth Congress, 48: 
 ijJ: r.uiniier of Committee of Tliir- 
 -it ion cif adjustment. 72. 
 
 I I ive in Tliirty-Scventh Congress, 
 I I 1 M; resolution on the war, 294; 
 
 .V , 1! presentative in Thirtv-Seventh 
 liiily-Li-hih, 122; Senator in Thirty- 
 - iliiiion're-jicciing imiirisonmont of 
 s. In I ; amendment to bill to increase 
 
 5,"il4, 305, -J2':, 42:1— see " Enqwrer." 
 , 11 1, 305, 3.30, 3'JO— see '■ Kxamincr." 
 les.ilutions of, alter the Ilauipton 
 
 I . •' I — see '• Se.ntivpJ." 
 I rlistituto bill, 121. 
 ; 1,1 1 .si-iitalive in Thirty-Seventh Con- 
 
 RiDDL , V,r.i> GE R , Senator in Thirty-T^i^hth Congress, 140. 
 
 RiDv.ELV, llENi'.Y, Member of I'cacu C<iuference, 03. 
 
 lUoG.-, Jt^TU.i R., RepreseuTative in Thirty-Sixth Congress, 
 4ij. 
 
 Riley, E. S., arrest of, 153. 
 
 Rives, William C, member of Peace Conference, 63; Dep- 
 uty in Rebel Provisional Cougres.-^, 40J; Representative 
 in Seciinil Congress, 402. 
 
 Roberts, Di N.r.^MiN S., Brigadier General, order concerning 
 contraband^, 253. 
 
 Robertson, .Judge, Commissioner from Virginia to South 
 Carolina, 2. 
 
 ROBIXSON, CiiRi.STOPHER, Representative in Thirty-Sixth Con- 
 gress, 4S; member ofCommitteeof Thirty-three, 53. 
 
 RODIXSOS, J.^MES C., Representative in Thirty-Sixth Con- 
 gress, 49 ; Thirty-Seventh, 122; Thirty -Eighth, 140. 
 
 Robinson, J. F., Governor of Kentucky, proclamation, 313. 
 
 Robinson, Lucius, Letter on the Cleveland Convention, 
 413. 
 
 Rodney, George B , Member of Peace Conference, 68. 
 
 Rogers, A. A. C, claimed seat as Representative from Ar- 
 kansas, and refused, 141. 
 
 Rogers, Andki-.w J., Representative in Thirty-Eighth Con- 
 gress, 140: resolutions asking for the appointment of 
 peace commissioners, 299. 
 
 Rogers, St. George, Representative in Second Rebel Con- 
 gress, 402. 
 
 Rollins. Edward II., Representative in Thirty-Seventh 
 Congress, 122; Thirty-Eighth, 140. 
 
 Rollins, James S., Representative in Thirty-Seventh Con- 
 gress, 122; Thirty-Eighth, 140; on compensaied eman- 
 cipation, 213-217: resolutions relating to the prosecu- 
 tion of the war, 280; to compensation of loyal slave 
 owners. .501. 
 
 Roman, A. B., Rebel Commissioner, 110. 
 
 R 'M\N. J. D XON, Member of Peace Conference, 68. 
 
 11 s , D. (.!., Proxv of Go.ernor Morloa at Altoona meeting, 
 233. 
 
 RosECKANS, WiLLUM S., Major General, exclusion of Metro- 
 pn'iun It'":o-d fio'u jiis department, l'J2; ordcis r •- 
 spccting the election i;i Missouri, 445; and religions 
 couvi.catinns, and ixp'.anatory Kiter upon, 538; modi- 
 fication of Bi.id I rder by General I'oiie, 554. 
 
 Ros", Lewis W., Repre.sent,ilivo in Th rty-Eighth Congress, 
 110; resoUni ju togi\o p.iy and mileage lo civili.tus ar- 
 rested and rel ■■as..,l withoit trial, 183. 
 
 Ross. II lULExJ., Ci'niinis-ioiic-r to tlie President from the 
 Le'.;islatnreot JIarylaud, 9: report of, 9. 
 
 Ri) T, P. A., Co:iiLni.ssiooer to England, letter of, to Earl 
 Russell. 27; reported conversation with Earl Russell. 27. 
 
 RoussEvu. L .VELL II., vote for Vice President in Union Na- 
 tional Convention, 407. 
 
 Roto , Uomeu E., Representative in Thirty-Sixth Congi-ess, 
 48. 
 
 ROT.STON, GrandisonD., Representative in First Rebel Con- 
 gress, 401. 
 
 RUFIIN, Tllor.lAS, Representative in Thirty-Sixth Congress, 
 49; t degram sent South. 37; membftr of Peace Con- 
 ference. tS; Deputy in Rebel I'rovisioual Congress, 400; 
 death, 401. 
 
 RUOTE, Lieutenant Colonel, instructions of General Banks 
 
 Rnss.t^LL, Cii\i;le3 W., Deputy in Rebel Provisional Con- 
 grts.s, 401; Represi'Ui.c'tive in First Congress, 402; 
 Second, 402; proposiiiunoii peace, 450. 
 
 RussLLL, iL'a' L,) )( b( 1 ( omini.ssioners' letter to, 27; reply 
 of, 27; letter of Lord Lyons to, on Foreign Mediation, 
 347-34'j ; letter of, to Lord Lyons, on the Trent Affair, 
 
 Rust, Ali;ci.t, Representative in Thirty-Sixth Con.cress, 
 49; member of Ciiiumittee of Thirty-three, 53; report 
 of, 68; Deputy in Rebel Provisional Congress, 4u0. 
 
 SABB.\-n, The, President Lincoln's order on observance of, 
 605 
 
 SaMON, B. S., arrest of, 153. 
 
 Salomon, Edward, Governor of 'Wisconsin, signer of Al- 
 toona address, 2'j3. 
 
 San Francisco lice, upon a Pacific republic, 42. 
 
 Sandeils, George N., Letter to Governor Seymour and 
 others, oar construction, &c., 330; Niagara Falls Con- 
 ference, 301-303. 
 
 Sangstov, Lawrence, arrest of, 152. 
 
 Sauglnt, Aaron a., Representative in Thirty-Seventh Con- 
 gre.-s, 122. 
 
 Saui;rw..ix, Pete?. G.. emancipation resolutions offered by, 
 and adopted in Baltimore City Union Convention in 
 1802, 226. 
 
 Saulsblrt, Willabd. Senator in Thirty-Sixth Consress,48; 
 Thirty-Seventh, 122; Thirty-Eighth, 1-iO ; me:nber of 
 Border-States Coniniittee,73; resolutions on arrests in 
 Delaware, isl, and relejiso of prisoners, 182; amend- 
 ments to bill repealing the fugitive slave laws, 236, 
 237 ; to the bill creating a new article of war, 238', to 
 freedme 'sbill,200; to army appropriation bill, 2E3; 
 t.it.ix bill, 375; and to resolution of censure of J^x- 
 President Buchanan, 387; joint resolntiou for peace 
 coiuniis loners, 200; proposed constitutional amend- 
 ment, 257 ; amendments to bill to eecuro the freedom 
 of colored soldiers' families, 503, and to resolution of 
 inqni;y for Hampton Roads Correspondence, 563. 
 
 Savtinnah Kews, December 24, 1860, publication of Senator 
 Toombs's address to Oeorgi.i, 37. 
 
 SCHENCK, R iBertC, Major General, orders, &c., concerning 
 elections, 30J, 311 ; reply to Governor Bradford, ^11; 
 orders respecting churches in Baltimore, 624, 526, and 
 letters respectin.sr, 5l5. 
 
 SCHENCK, Robert C, Representative inThirty-Ei'_'hth Con- 
 gress, 1-10; resolution upon eligibility of, 375 ; resolu- 
 tion on the war, 294; resolution to censure Benjamin 
 G. Ilarris, :i75 ; amendments to the enrollment bill, 
 265, 206, 208; proposition relative to courts-martial, 
 501; resolution for tho rescinding of the order requir- 
 ing that colored persons leaving tho District of Colum- 
 , bia shall have passes, 594. 
 
 ScHN.vBLE, Eli IS B., arrest of, 153. 
 
 ScHOFiELD, John M., Major General, orders concerninK elec- 
 tions, 314,315; reply to Rev. Dr. McPheeters, 535. 
 
 Schools. colored, legislation respecting, 244. 
 bcoFiELD, Glenni W., Representative in Thirty-Eighth Con- 
 gress, 110. 
 Scott, Chailes L., Representative in Thirty-Sixth Con- 
 gress, 49 ; for a Pacific republic, 41. 
 ScoTT, John G., Representative in Thirty-Eighth Congrees, 
 
 140. 
 Scott, Otho, Commissioner to President Lincoln from tho 
 Legislature of Maryland, and report, 9. 
 
648 
 
 Sl'Ott.RobkrtE., Deputy ill Rclicl PpivisioniilCoiigr<-ss,400. 
 
 Scott,!'. I>akki\, arrest of. lOii; voles and iiioUons in 
 JIurvl;iii(l Lo-isl;vture, 39G-393. 
 
 Scott, Winfieid, Lieutenant General, President Lincoln's 
 nlliiwiiu to rcliivMi"iit iil', 1:5 ; I'^ttrr relative to qnoias 
 ofaiM.-..: '. :: .-, ^.r,-.- <.. (-1 M,;iiii Burke, relative 
 to miii! i I . I . !' 'iii's orders to, re- 
 
 SnER:\r\N. .Ton\, 
 Tiiirty-Eisli 
 
 Thirty-Seventh Congress, 122 ; 
 iiemlnieiit to confiscation bill, 
 PilhiKut lnll,20A 2G5 ; aniend- 
 ii-ilive t^lavo law, 200; explana- 
 
 Iment to lii 
 
 to 
 
 Scr..A 
 
 I'liirty-Sixtli Co 
 
 ■a person 
 
 ites service. 
 
 itt. 
 
 1 tender lull, 058. 
 Heprusoutative in Thirty-Seventh 
 
 Sebastia.n, William K., Senator in Thirty-Sixth Congress, 
 4.S; niemlier of lioi-der-States Committee, 73. 
 
 Seces-ion' iu..vfmentd"vcloi)c-d, 2-47. 
 
 Seci.ssion (inlii):ii;r..s v.ite on, in Sonth Carolina, 308, S90; 
 Klori i:i, "..I,'; \ ir-iiiia, note, 7 ; Tennessee railitarv 
 leii^n , .".; Ailiaiis.is, ;!'J0; Louisiana, S8S-o90. 
 
 Secession, riglit <>r, llr. Do .little"a amendment respecting, 
 63 ; Tliomas K. Franlclin's, ia Peace Conference, and 
 David Dudley Field's, 09; President Buchanan's opin- 
 ion, 40. 
 
 Secri.t A,--ociations, .T. Holt's report on, 445-454. 
 
 Sedl'on, .1 vMi;s A .iM'-nib.r of I'.aco Conference, OS; report 
 on il-i iuMpiisition, (3; afliiistnieiitproposilion, C9; Dep- 
 uty ill llolH'l I'rovisioii.il'CtMiLLTess, 400; rcliel Secretary 
 ot \'';n', 401; (Icrliiied to ircL'ivo Creoles into the mili- 
 t;,rv s.Tvice, and the rrasoii civen, 2S2. 
 
 Sedc.wic;;. ('iiakL'.s I; , Krpifseiitative in Thirty-Sixth Con- 
 gri's^, 4S: 'riiirly-seveuth, 122; substitute for emanci- 
 pation bill. 2;)0. 
 
 SEGAi!,.)o;Epn, Representative in Thivtj'-Peventh Congress, 
 12 i; claimant in TUirtyEiglith, and refused, 141; cre- 
 di-iitial-as Senator from Virginia, 587. 
 
 SEizti]!;;-!ofibivi-rnnient property in insurrectionary States, 
 2i; tiivi-nior Letcher's proposed attempt on Fortress 
 Jluur..-, 28. 
 
 Semm 8, Tn;M\s.T., Senator in First RHiel Congress, 401; 
 Second, 402; on Deelara iMU of Ind. pendence, G14. 
 
 Senate Committee of Thirtr. ■II, TM; i|r,„-,.caing3of, 70-72. 
 
 Senat", Uxited Statls, n-solution i^sjieeting tlie Presi- 
 dent's approval of the anti-slavery amendment, 591 ; 
 oath from members, 003. 
 
 Sentind, Richmond, on reconstruction and on northern tem- 
 per, 331. 
 
 Sequestration Act, rebel, 203, 204, 013; Judge Magrath's 
 decisiniiciiconstitutionilitv of, 206. 
 
 Sewaiid, ^\ ii.i.MM H., Senator in Tliirty-Sixth Congress, 48; 
 on (,'oiiiMiitteo of Thirteen, 70; proposition therein, 71, 
 also respecting arint'd inv;uii(in, 71. 
 
 Sewabd, William II., Secretary of State,108; letters to com- 
 missioners of the Southern Confederacy, 108-111 ; to 
 Daniel Lord and Governor AVash burn respecting arrests, 
 154; to Mr. Adams on tlie Trent affair, 338; to Lord 
 Lyons, ;;3S; on foreign enlistments, 813, 311; to Gov. 
 Hicks on foreign mediati'm, 345: to Mr. Dayton in re- 
 eponse to letter of M. Dronyn do I'lluys on mediation, 
 34-'i,34G; letters of, and Mr. Dayton respecting the 
 French in Mexic, 319,350; to the Presiilent on the 
 ' Arguelles case, 305; declining to receive peaceaddrcss 
 from Great IJritain, 460; to Mr. Adams on the Hampton 
 Roads Conference, 570. Letters of: in response to reso- 
 lutions of the Svnod of New York and New Jersey, 
 468; NfwScliooi Presbyterian Assembly of 1862,470; 
 West New .lorsey Baptist Association, 476; Philadelphia 
 Baptists of ISO, 470; Vermont Cougregationalists of 
 1862, 4S1 ; Congregational Welsh of Pennsylvania of 
 1802, 481; Pa.storal Letter of Bishops of Protestant 
 Episcopal Church, 493. 
 
 Sexto.n, Frank U., Kopresontative in First Rebel Congress, 
 402; Second, 402. 
 
 Seymour, Horatio, Governor of New York, letters to Dis- 
 trict Attorney llall respecting the suspension of the 
 Joui-nal of Commerce and World nowsiJapers, 192, 193; 
 and the draft in New York city, 274; remarks as chair- 
 man of Democratic National Convention, 418, 419. 
 
 Seymour, Thomas II., vote for Presidential candidate in the 
 Democratic National Convention, 420. 
 
 SnACKLEFORD, Jamcs U., Brigadier General, orders respect- 
 ing elections, 313, 314. 
 
 Shanks, John P. C, Representative in Thirty-Seventh Con- 
 gress, 122 ; resolution respecting return of fugitive 
 slaves, 2->8. 
 
 SaANNON, Thomas B., Representative in Thirty-Eighth Con- 
 gress, 140. 
 Sliasta (Cal.) Herald, on Pacific republic, 41. 
 Sheffield, William P., Representative in Thirty-Seventh 
 
 Congress, 122. 
 Shellabahuer, Samuel, Representative in Tliirty-Sevanth 
 
 Congress, 122; resolution on the war, 230. 
 Sheridan, Philip II., Major General, vote on resolution of 
 
 thanks to, 500. 
 Sherman, John, Representative in Thirty-Sixth Congress, 
 48: member of Border-States Committee, 73; proposi- 
 tion of adjustment, 05; resolution respecting slavery in 
 the States, 77. 
 
 RM <N, SOCUATKE 
 
 Congress, 122. 
 Shehman, Thomas W., Brigadier General, proclamation to 
 
 the people of South Carolina, 218. 
 Sherman, William T., Miijor General, on the draft of 1864, 
 
 435. 
 Shewmake, J. T., Representative in Second Rebel Con- 
 gress, 402. 
 Shiel, Georoe K., Representative in Thirty-Seventh Con- 
 gress, 123. 
 Shorter,John Gill, Deputy in Rebel Provisional Congress, 
 
 11,400; elected Governor of Alabama, 400. 
 SiCELES, Danill E., Repretentative in Thirty-Sixth Con- 
 gress, 48; adjustment proposition, 54; report in fugi- 
 tive slave case, 250. 
 Simmons, J AMES F., Senator in Thirtj'-Sixth Congress, 48; 
 Thirty-Seventh, 122; resigned, 123; remarks'on " per- 
 sonal liberty" laws, 47. 
 SIMMS, William E , Representative in Thirty-Sixth Con- 
 gress, 49; Senator in First Rebel Congress, 401 ; Second, 
 402. 
 Simpson, Wiluam D., Representative in First Rebel Con- 
 gress, 402; Second, 402. 
 Singleton, Oi no R., Representative in Thirty-Sixth Con- 
 gress, 49; telegram south, 37; withdrew, 3; declara- 
 tion respecting secession, 52; Repi'esentative in First 
 Rebel Congress, 401 ; Second, 402. 
 Slaughter, Thomas C, Member of Peace Conferen-ie, 68. 
 Slavery, Testi.mony of Churches on. Old School Presbyter, 
 ian, 403, 405, 400, and attempted cciisnre of in New 
 YorkSynod, 406. 467; New School Presbyterian, 409- 
 471; Reformed Presbyterian, (Old School,) 472, 473; 
 Reformed Presbyterian, 473; Cumberland Presbyte- 
 rian, 473, 474; United Presbyterian, 474, 507; Baptist 
 Meeting at Brooklyn, the V\ est New Jersey Associa- 
 tion, and the New Jersey, Philadelphia, Pennsylvania, 
 New York, and Ohio, and American Baptist Missionary 
 Union, 474-478; Lutheran General Synod, 480; Con- 
 greg.itional, 480—182; Congregational Welsh of Penn- 
 sylvania, 4S1, 482; Reformed Protestant Dutch, 483; 
 Moravian, 483; Protestant Episcopal Convention of 
 Pennsylvania, 493; Methodist Episcopal General Con- 
 ference of 1800 and 1864, 494-499, and Baltimore Con- 
 ference of 1861, 496; Methodist Protestant Conference, 
 499, 500; Free Methodist Conference of New York, 501 ; 
 Wesleyan Methodists, 546-543 ; Evangelical Associa- 
 tion, General Conference, 501, 502; Quaker Yearly 
 Meeting, 503; Unitarian Associations, 504, 548; East 
 Pennsylvania Conference of United Brethren, 504; 
 General Conventions of Universalists, 505, 500 ; Young 
 Men's Christian Association, 506; American Board of 
 Foreign Missions, 607 ; Menonites, 603, 004. In Insur- 
 rectionary States: Old School Presbyterian, 508-513; 
 Baptists, 513-515 ; Protestant Episcopal, 515, 516 ; Ad- 
 dress of the " Confederate" Clergy, 517-521. 
 Slavery, the avowed cause of secession, 17 ; Crawford's res- 
 olution respecting the Constitution and, 76; Sherman's 
 resolution on non-interference wiili, in the States, 77 ; 
 proposed constitutional amendment to protect, in 
 States, 59, 60 ; other propositions, 63-75 ; Davis's prop- 
 osition respecting, in Senate Committee of Thirteen, 
 71 : proceedings to prohibit in tho Teiritories, 254, 255 ; 
 Isaac N. Arnold's bill and substitute, 254; proceedings 
 to BO amend the Constitution as to prohibit, 255-259, 
 590; Aaron Harding's resolution on, 259; William R. 
 Morrison's resolution on, 259 ; characteristic incidents 
 of, 548. 
 Slaves, bill to prohibit employment of, in dock-yards, 238 ; 
 
 resolution respecting, and vote, 238. 
 Slaves to bo enrolled and drafted, 274; the master to re- 
 ceive bounty of $100, 275; if drafted to bo free, 275; 
 proposed tax on, 361; families to bo free, 564, 665. 
 Slaves, rebel employment of, 281, 282; draft of, for military 
 service, 282; views of Legi-slaturo of Alabama, 282; 
 tax imposed in 1861, 370; enrollment of, 428, 611, 612; 
 tax on, 014. 
 Slaves, Religious Instruction of, " Confederate'' Presby- 
 terianson, 613 ; Georgia Baptists, on marriage of, 515; 
 " Confederate" Episcopalians upon, 610; South Carolina 
 Episcopalians, Georgia Baptists, and Bishop Verot of 
 Savannah upon, 648; Transylvania Presbytery of 1861 
 upon, 648 . 
 Slave Trade, African, treaties and legislation concerning, 
 
 150-152. 
 Slave Trade, coastwise, repeal of laws regulating, 243, 244. 
 Slidell, John, Senator in Thirty-Sixth Congress, 48 ; with- 
 drew, 4 ; intermediary between Col. Hayno and Presi- 
 
INDEX. 
 
 649 
 
 dent Buchanan, 327; correspondencn rfspecting sur- 
 render of to Great Britain, oOS, o42; comiiieuts of the 
 London Timfs, 342, 343; votes in Congress on arrest of, 
 343; allnsion to by Mr. Dayton, 350; raumber of com- 
 mittee of secret di'suuion caucus, 392. 
 
 Sloan, a. Scott, Kepresentativo in Thirty-Seventh Con- 
 gress, 122. 
 
 Sloan, Ithamar C, Representative in Thirty-Eiglith Con- 
 gress, 140; propositions for constitutional amendments, 
 592. 
 
 Sloops-of-war, construction of, authorized, 89. 
 
 Email Notes, proposed legislation, 363-365; President Lin- 
 coln's veto of bill for, 359. 
 
 Small, Rodert, bill for relief of, 239. 
 
 Smith. Caleb B.. Member of Peace Conference, 68; Secre- 
 tary of the Interior. 108, and resigned, 108. 
 
 SiaTH. CUAKLES, elected Free State Senator from Louisiana, 
 436; vote in Louisiana Convention on abolishing 
 
 Smith, Edward II., Representative in Thirty-Seventh Con- 
 gress. 122. 
 Smith. E. Kirdy, General, order for enrollment of negroes. 
 
 Smith, Green Clay. Representative in Thirty-Eighth Con- 
 gress, 140 ; resolutions relating to the war, 292, 293, 
 L98. 
 
 Smith, James C, Member of Peace Conference, 67. 
 
 Smith. J.ames M., Representative in Second Rebel Congress, 
 402. 
 
 SsnTH, Robert H., Deputy in Rebel Provisional Congress, 
 11,400. 
 
 Smith, William, Representative in Thirty-Sixth Congress, 
 49; adjustment proposition, 54; Representative in 
 First Rebel Congress, 402; resigned to accep* military 
 commission, 402; elected Governor of Virginia, 402; 
 ■views on reconstruction, 331. 
 
 Smith, William E., Representative in Second Rebel Con- 
 gress, 402. 
 
 Smith, William N. II., Representative in Thirty-Sixth Con- 
 gress, 49; Deputy in Rebel Provisional C mgress, 400; 
 Representative in First Congress, 402; Second, 402; 
 statement of strength of rebel army. 121, 399. 
 
 Smith, William R., Representative in i'irst Rebel Con- 
 gress, 401 ; Second, 402. 
 
 Smith£rs, Nathaniel B., Representative in Thirty-Eighth 
 Congress, 140; amendment to enrollment act, 268; re- 
 port on Louisiana case, 582-586. 
 
 SxEAD, Thomas L., Representative in Second Rebel Con- 
 gress, 40J. 
 
 Snow, Wm. D., credentials of as Senator in Thirty-Eighth 
 Congress, 5S8. 
 
 Soldiers, bills to increase pay, 116, 271, 272; homesteads 
 tor, 284. 
 
 Soldleb.s. Colored, legislation concerning, 274-279, 564,565; 
 proposed prohiliiti^u of payment lo, 283, 284; rebel 
 facts concerning, 281-283, 611, 612 — see " Colored Sol- 
 diers." 
 
 Somes, Ua.mel E., Representative in Thirty-Sixth Congress, 
 48 ; member of Peace Conference. 67. 
 
 South, overtures of, to the Northwest, 42. 
 
 South Carouxa, vote for President in 1860, 1; members of 
 Thirty-Sixth Congress, 48, 49; deputies in Rebel Pro- 
 visional Congress, 11, 400; members of First Congress, 
 401,402; Second, 402; secession movement in, 2; rati- 
 fied Confederate Constitution, 3 ; Convention rejects 
 co-operative action, proffered by Virginia, 2; resolu- 
 tions relative to, 2; inter-State commissioners of, 11 ; 
 declaration of independence, 12; seizures and sur- 
 renders in, 27 ; letter of commissioners of, to Mr. 
 Buchanan, 29 ; Gov. Pickens of, demands the surrender 
 of Fort Sumter, 32; Fort Sumter surrendered, 27 ; se- 
 cession of, not the work of a day, but maturing for 
 thirty years, 18; Convention of, sends despatch to 
 Mayor of Macon, 38 ; also to Mayor of New Orleans, 
 39 ; pei-sonal liberty laws, subject of complaint in con- 
 vention of, 16, 17; report of Judge Withers to Conven- 
 tion of, 19 ; vote on secession ordinance of, 398, 399 ; 
 men in the army, 399. 
 
 Sodtuern Congress, Rebel Provisional, officers, find pro- 
 ceeliugsof, 12,400; tariff act passed, 12; commissioners 
 admitted from North Carolina, 12; Constitution of Pro- 
 visional Government adopted, 12; assumes charge of 
 all questions and differences between the •'sovereign 
 States of the Confederacy," and the United States Gov- 
 ernment, 12; Texas deputies received, 12; Jefferson 
 Davis, of Mississippi, elected President. 12 ; Alexander 
 U. Stephens, of Georgia, elected Vice President, 12. 
 
 Southern manifesto, 37. 
 
 Spain, A. C, Commissioner from South Carolina to Ar- 
 kansas, 11 ; vote on secession ordinance, 399. 
 Spalding, Rufus P., Representative in Thirty-Eighth Con- 
 gress, 140; bill to repeal fugitive slave law, ii37. 
 Sparrow, Edward, Deputy in Rebel Provisional Congress, 
 11,400; Sen»torin first Congress, 401; Second, 402. 
 
 SPA0LDWO, Elbridge G., Representative in Thirty-Sixth 
 Congress, 48; Thirty-Seventh, 122. 
 
 Speed, James, Attorney General, 108. 
 
 Spencer, William A., Letter for Convention in Maryland, 9. 
 
 Spinner, Francis E., Representative in Thirty-Sixth Con- 
 gress, 48. 
 
 Spragle, William, Governor of Rhode Island and signer of 
 Altoona address, 2:33 ; Senator in Thirty-Eighth Con- 
 gress, 140. 
 
 Spratt, L. W., Commissioner from South Carolina to 
 Florida, 11; received by Convention, 3; vote for seces- 
 sion ordinance, 399. 
 
 Springfield Mass Convention, President Lincoln's letter 
 to, 335, 336. 
 
 St.allo, Judge, Letter of Wendell Phillips to, 411. 
 
 Stallworth, James A., Representative in Thirty-Sixth Con- 
 gress, 49; sent telegram South, 37 ; withdrew, 4. 
 
 Stanley, Edward, Military Governor of North Carolina, 
 179. 
 
 Stanton, Benjamin, Representative in Thirty-Sixth Con- 
 gress. 49; bill to re-organize the militia of the District 
 of Columbia, 77 ; to suppress insurrection, 77 ; report 
 on transfer of United States arms South, in 1859- 60, .34. 
 
 Stanton, Edwin M., Attorney Gener.al, 28; Secretary oi 
 War, 108; orders on military arrests, 154; form of ap- 
 pointment of military governor, 179; instructions to 
 General Saxton, 251, :i52; letter to General Butler on 
 the latter's controversy with General Phelps, •252; or- 
 ders, &c., enforcing the draft, "272; letter on commuta- 
 tion clause of enrollment act, '263; to Governor An- 
 drew respecting colored enlistments, '279; reply on 
 alleged foreign enlistments, 343; on release of prison- 
 ers, 5.59, 660; on furloughing drafted clergymen, 504; 
 despatches touching Hampton Roads Conference, 567- 
 569; order in case of Robert Taylor, of Tennessee, 
 charged with the murder of his slave, .549, 550. 
 
 Stanton, Mrs. E. Cady, Letter to Fremont Club, 411. 
 
 Staples, Waller R., Deputy in Rebel Provisional Con- 
 gress, 400; Representative in First Congress, 402; Se- 
 cond, 402. 
 
 Star of the West, fired upon by the rebels, 27. 
 
 Slar, Washington, publication of vote on Virginia secession 
 ordinance, note, 7. 
 
 St.arr, John F., Representative in Thirty -Eighth Congress, 
 140. 
 
 State of West Virginia, bill to erect, 377, 378. 
 
 State Taxation, on United States bonds and national 
 banks, 358, 359, 360-3G4. 
 
 States, militia of, part of the army of the United States, 
 Jefferson Davis's opinion, 37. 
 
 Stebbixs, Henry G., Representative in Thirty-Eighth Con- 
 gress, 140 ; resigned, 559. 
 
 Steele, Frederick, Major General, President Lincoln's let- 
 ter to, 322. 
 
 Steele, John B., Representative in Thirty-Seventh Coa- 
 gress, 122 ; Thirty-Eighth, 140. 
 
 Steele, William G., Representative in Thirty-Seventh Con- 
 gress, 122 ; Thirty-Eighth, 140. 
 
 Stephens, Alex. H., Deputy in Rebel Provisional Congress, 
 11, 400; commissioner for Confederate States in making 
 the league with Virginia, 8 ; elected rebel Provisional 
 Vice President, 12 ; permanent, 401 ; speech before the 
 Georgia Legislature in 1860, 20-25; fishing bounties 
 discussed by, 21 ; prediction of universal emancipation, 
 25 ; extract from speech in Georgia State Convention, 
 25; extract from address in 1859, •25,26; "Confederate" 
 Constitution expounded by, 103, 104 ; correspondence 
 with Secretary Welles, respecting pass to Wiishington, 
 note, 307 ; views of, on reconstruction, 331 ; Letters on 
 Peace, 430, 431, 457--459 ; at Hampton Roads Conference, 
 567, 568, 509, 571. 
 
 Stephens, Li.nton, peace resolutions of, in Georgia Legislar 
 ture, 621, 622. 
 
 Stevens, R. F., reply to J. Holt's report, note, 446. 
 
 Stevens, Th.addeus, Kepresentative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh, P22; Thirty-llighth, 140; in- 
 demnity bill of, 184; propositions to amend the Consti- 
 tution, '258; substitute for the enrollment bill, 266, 
 267; amendment to, '268; bill for enlistment of 250,000 
 colored soldiers, and modification, 270; joint resolution 
 offering to free all slaves who leave their masters or aid 
 in suppressing the rebellion, 287 ; resolution relative to 
 the war, '288 ; amendment to " legal tender " bill, 358 ; 
 letter of Secretiiry Chose to, on •' legal tenders," 358, 
 359; substitute for loan bill, 360; substitute for na- 
 tional currency bill, 363, 364 ; resolution of inquiry fur 
 Hampton Roads Conference, 7iote, 666. 
 
 Stevens, William H., Member of Peace Conference, 68. 
 
 Steve >soN, John W., Representative in Thirty-Sixth Con- 
 gress, 49; adjustment proposition, 54. 
 
 Stevenson, William E., motion in Baltimore Convention, 
 405. 
 
 Stewart, Georgb U., of Maryland, proceedings of, 393, and 
 note, 394. 
 
G50 
 
 Stewart, James A., Representative in Thirty-Sixth Con- 
 gress, 49; adjustment proiiosilion, 55. 
 
 Stewart, William, Representative in Thirty Sixth Congress, 
 48: Thirty-Seventh. 122. 
 
 Stewart, William M., Senator in Thirty-Eighth Congress, 
 559. 
 
 Stiles, John D., Representative in Thirty-Seventh Con- 
 gress, 123; Thirty-Eislith, 140. 
 
 Stocktox, lloBERT F., Member of Peace Conference. 67. 
 
 Stokcs, AVilham D., Representative in Thirty-Sixth Con- 
 gres.s 4J. 
 
 Sto.ne, Charles P., Brigadier Genenil, resolution respecting 
 arrest of, 170; Prosiileiit Lincoln's n-ply. 180. 
 
 Story, .losEPn, Jnsiirr, uiwn licedniu cjf the press, 188. 
 
 Stout, Laxsing, Kciiri-si'Mtativo in Tliiify-Sixth Conprress, 
 49; member of Coninutteu of Thirty-three, 53; report 
 of, 58. 
 
 Stovell, C.L., Speaker of Tennessee rebel Senate, 281. 
 
 Stratton, .loriN L. N., Representative iii Thirty-Sixth Con- 
 grt^s. 48; Tliii ty-Sevealh, 122; member of Committee 
 of Thirty-three, 53. 
 
 STRlciii.iND, IIardt, Representative in First Rebel Con- 
 gress. 401. 
 
 Strong, William, Justice, opinion on enrollment act. 27.3. 
 
 Steuuse, MrER, Representative in Thiity-Eighth Congress, 
 
 Strtke:;, Thomas J., Member of Peace Conference, 67. 
 
 Stuart, Alt.sander II. II., vote on secession ordinance, 
 note, 7; adjustment propo.sition, 74; delegate from Vir- 
 ginia to President Lincoln, 112. 
 
 Stuart, Joh\ T., Representative in Thirty-Eiglith Con- 
 gress, 140. 
 
 SuBSTiTUTiox, votes on abolishing, 26i, 266, 563, rebel 
 abolition of, 119. 
 
 SuLLivvx, Algernon S., Letter of Secretary Seward on ar- 
 rest of, 154. 
 
 Sumjiers, George W., vote on secession ordinance, note, 7 ; 
 member of Peace Conference, 6S. 
 
 SuMNEi;, Chai'LES, Senator in Thirty-Sixth Cona;ress, 48 ; 
 Thirty-Seventh, 122; Thirty-Eiglith, 140; I'esoliition 
 respecting .arrest-s ISO; proposition in Thirty-Second 
 Congress to repeal the fugitivcKiavelaw,2U,2J5; prop- 
 ositions on suffrage to colored persons, 241, on exclu- 
 ding them from the cars, 241, 242, on making them 
 witnesses, 242, 243, 442, and ou repealing the laws 
 regulating the coastwise slave trade, 243; proposed 
 constitutional amendment, 255; freedmen's 1)111,260; 
 on equalizing the pay of soldiers, 277 ; amendments to 
 the reconstruction bill, 318, the Missouri bill, 22-5, 226, 
 to the national currency bill, 305, to letters of marque, 
 377, and West Virginia bill,. ">77; resolutions on Foreign 
 Mediation, 346, 347, on the prosecution of the war, 2Jl, 
 and the relations uf the insurrectionary States, 322, 
 323, 32G, 327 ; letter respecting the President and eman- 
 cipation, 233 ; resolutions relative to the insurrectionary 
 States, 320, to theRubel debt, 575, to representation in 
 the Senate, 583, of inquiry for the Hampton Roads 
 Conference, note, 569 ; proposition in the Louisiana 
 case, 5S0; resolution relative to the ratification of a 
 constitutional amendment, 591; proposed constitutional 
 amendment respecting representation, 592 ; new rule 
 of the Senate, note, 602. 
 
 Sumter, Fort, surrendered, 27 ; correspondence pending 
 bombardment, 113, 114; spirit of the rebel press, 114; 
 Jeremiah Clemens's statement respecting, 112. 
 
 Supreme Court of the United Stales, President Lincoln's 
 recommendation concerning, 131 ; Vallandigham's case 
 in, 175. 
 
 Surrenders of Government property in the insurrectionary 
 States, 28. 
 
 Swain, David L., Commissioner from North Carolina to 
 Provisional Congress. 12. 
 
 Swan, William G., Representative in First Rebel Congress, 
 402; Second, 402. 
 
 Sweat, Lorenzo D. M., Representative in Thirty-Eighth 
 Congress, 140. 
 
 Swift, W. C. N , purchase of Government arms, in 1860, 35. 
 
 Synod, Presbyterian, proposed action of New York, in 
 1801, 406, 467 ; action of, in ISOl. and reply of Secretary 
 Seward, 467, 468; of Missouri in 1801 and 1864, 468; of 
 Kentucky in 1864, 468; action of South Carolina 
 Synod, iu 1860, 508. 
 
 Tanet, Roger B., Chief Justice, opinion of, in Merryman 
 case, 155-158 ; remarks on General Cadvvaluder's refusal 
 to obey his writ, 155. 
 
 Tappan, Mason W., Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventh, 122; member of Committee 
 of Thirty-three, 63 ; report of, .57. 
 
 Tariff acts of 1861, 1802, and 1804, enactment of, 361, 302. 
 
 Tariff laws of the Unite' .'States alluded to as a cause of 
 eecessicu, 17. 
 
 Tariff, rebel, 12. 
 
 Tax, inco.me, special war, 357. 
 
 Tax on slaves, proposed, and votes, 361, 362; rebel, laid in 
 1801, .370. 
 
 Taxation, our, .357, 361-368. 
 
 Taxation, rebel, 36S-373. 613, 614, 619. 
 
 Taxation, State, proceedings in Congress respecting, 359. 
 360, 304. 
 
 Taylor, Bayai'.d, charge d'affaires, intercepts Confederate 
 desp itch, 151. 
 
 Taylor, Jo.^LPiI W., adjustment proposition of, 74, 75. 
 
 Taylor, .Miles, Hepres>'iitativ.-in Tbiity-Sixtb "ongres8.49; 
 withdrew, 4 ; member of Committee of Thirty-three, 63; 
 report of, 58. 
 
 Taylor, Kouert, of Tonnessee, court-martial of, 548, 549. 
 
 Telegraph, liow it aided secession, 37. 
 
 Ten Eyck, John C, Senator iu Thirty-Sixth Congress, 48; 
 Thirty Seventh, 122; Thirty-Eighth, 110 ; resolution 
 relating to the war, 228; proposition in Loui.-iaua case, 
 578. 
 
 Tennessee, vote for President in 1860, 1 ; members of Peace 
 Conference. 08; Thirty-Sixth Congress, 48; Thirty- 
 Seventh, 122; admission to tho " Confederacy," 401 ; 
 Deputies in llebcl Provi^iional Congress, 11,400; Mem- 
 bers of First Congress, 401, 402; Second, 402; secession 
 moyement in Legislature of, 5; vote on adopting the 
 league with tho Confederate States, 5; reconstruction 
 in, and abolition of slavery, .332. 
 
 Tennessee, act of rebel Legislature of, for enrollment of 
 free persons of color into the military service of the 
 State, 281 ; men iu the army, 399. 
 
 Tennebseans, Protest ot, a^'ainst Governor Johns(m's elec- 
 tion Proclamation of 1801, 438-441; reply of President 
 Lincoln, 42.'). 
 
 Teruitoiues, bill passed settling disputed questions con- 
 cerning, S.), 90 ; to prohibit slavery in, 2.j t, 255 ; to pro- 
 hibit polygamy in Utah, 376 ; enabling act lor Nebraska, 
 377. 
 
 Tevis, Lieut. Col., order of, respecting Maryland election, 
 his arrest and relea.se, 311. 
 
 Texas, vote for President, in 1860,1; members of Thirty- 
 Sixth Congre.ss, 48, 49 ; admission to the " Confederacy," 
 401; Deputies in Rebel Provisional Congress. 11, 400; 
 Members of First Congress, 402; Second, 402; secessiou 
 movement in Convention and Legislature of. 4; ratified 
 confederate constitution, 4 ; seizures and surrenders in, 
 28 ; men in the army, 393. 
 
 Thayer, Andrew J., Represeutativein Thirty-Seventh Con- 
 gress, 122; unseated, 123. 
 
 Thayer, Eli, Representative in Thirty-Sixth Congress, 48; 
 proposition of adjustment, 53. 
 
 Thayer, M. Russell, Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Thom.\s, Benjamin F., Representative in Thirty-Seventh 
 Congress, 122. 
 
 Thomas, Francis, Representative in Thirty Seventh Con- 
 gress, 122; Thirty-Eighth, 140; ou eompeii-ate I eman- 
 cipation, 213-217 ; amendment to the enrollnieut bill, 
 269 ; on disunion caucus of 1835, 390. 
 
 TnoM.4.s, J. A., Assistant Secretary of State, letter on citi- 
 zenship of colored persons, 7iole, 382. 
 
 Thomas, James II., Representative in Thirty-Sixth Con- 
 gress, 49 ; Deputy iu Rebel Provisional Congress, 400. 
 
 Thomas, J. Hanson, arrest of, 152. 
 
 Thomas, John, Deputy in Rebel Provisional Congress, 400. 
 
 Thomas, Philip F., Secretary of the Trea.'ury, and resigna- 
 tion, 28; bids for public loan urider, 363. 
 
 Thomason, Hugh F., votes in Secession Convention of Ar- 
 kansas, 393 ; Deputy in Rebel Provisional Congress, 400. 
 
 Thompson, Jacob, Secretary of the Interior, and resigna- 
 tion, 28 ; commissioner from Mississippi to North Caro- 
 lina, 11; received by letter, 5; in Canada, 301. 
 
 Thompson, James, Justice, decision ou enrollment act, 273, 
 274. 
 
 Thompson, Philip B., Member of bogus Legislative Council 
 I'f Kentucky, 8. 
 
 Thomson, John 11., Senator in Thirty-Sixth Congress, 48; 
 Thirty-Seventh, 122; dea h, 123. 
 
 TiBBS, WiLLi.YM G., Representative in First Rebel Congress, 
 402. 
 
 Tobacco, rebel regulations for destroying, 117. 
 
 IVd, David, Governor of Oliio, and signer of Altoona Ad- 
 dress, 233 ; vote for Vice President in Union National 
 Convention, 407. 
 
 Todd. J. B. S., Delegate from Dacotah, declaration of, note, 
 590. 
 
 ToLEN, John, Major, report of.in fugitive slave case, 250. 
 
 Tompkins, (jvdnor B., Representative in Thirty-Sixth Con- 
 gress, 49. 
 
 Toomb.s, Robert, Senator in Thirty-Sixth Congress, 48: ou 
 Senate Committee of Thirteen, 70; propositions in, 71; 
 despatcli to L. M. Keitt, 37; telegraphic manifesto uud 
 sensational despatch of, 37. 38; Deputy in Rebel Piovi- 
 sioual Congress, 11, 400; provisional Secretary of State 
 
INDEX. 
 
 651 
 
 and resignation, and appointed brigadier general, 12, 
 400; elected Senator in First Rebel Congress, 401 ; letter 
 ou reconstruction, 331. 
 TOTTEX, A. 0. W., Member of Peace Conference, 6S; com- 
 missioner for Tennessee in making a league with Con- 
 federate States, 5. 
 TowNSEND, DwiGHT, Representative in Thirty-Eighth Con- 
 gress, 559 ; proposition relative to Peace, 575. 
 
 Tracy, IIk.vry W.. Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 Train, Ch akles R;, Representative in Thirty-Sixth Congress, 
 
 48; Thirty-Seventh, 122. 
 Transylvania Presbytery of 1861, on the marriage of 
 slaves, 548. 
 
 Treat, Amos, Member of Pe.ace Conference, 67. 
 
 Tr.E\T, S. II., .TiiilL'!'. d.Tisioii ou enrollment act, 273. 
 
 Tui;NHiiLir, Ci ni;i:i: .\,, i.-Im.] Secretary of Treasury, 401. 
 
 Trent Aff Ml; tin .:: ; -■. l-i; Secietarv Seward to Mr. Adams, 
 33s; Kill i;n.~. II t- l.onlLyons,'338; Secretary Seward 
 to Loul L\<.iis,:,ui^-u4:^; Earl Russell to Lord Lyons. 342; 
 comment of the London Times, 342, 343 ; action of Con- 
 gress ou, 343. 
 
 Trimble. CARtY A., Representative In Thirty-Si.^th Con- 
 gress, 49; Thirty-Seventh, 122. 
 
 Trimble, Isaac U., in command at Baltimore, and subsequent 
 career, 393, and note. 
 
 Triplet!, George W., Representative iii Second Rebel Con- 
 gress, 402. 
 
 Trippe, Robert P., Representative in First Rebel Congress, 
 401. 
 
 Trowbridge, Rowland E., Representative in Thirtj'-Seventh 
 Congress, 122. 
 
 Trumbull, Lyman, Senator in Thirty-Sixth Congress, 48; 
 Thirty-.Seventh, 122; Thirty-Ei;;hth. 140; amendment 
 to Jetr. Davis's bill for sale of United States arms, 36; 
 report on Baltimore police commissioners, 179 ; reso- 
 lution respecting arrests, 179 ; proposition to repeal 
 joint resolution of July 17, 1S62, on confiscation, 203 — 
 see 260,562; joint resolutinn ]irnpnsinj;- amendments to 
 theCoustituti 'n,256; pr^jm i;t(,ii i.i r |)i>;il the comnm- 
 tation clause of enrollment l>ill, ' c/ .21 : resolution on 
 unemployed generals, 2S,'i; unn'mliihiit to res.dution 
 respecting the cause of the war, 2S0; proposition to 
 enforce the laws in all the States, 291; substitute for 
 bill to encourage emancipation in Missouri, 225, -20; 
 reports on Arkan.'ias Senators, 320, 588 ; proposition rel- 
 ative to cfiurts-martial, 562 ; bill to allow bail in certain 
 cases, 5G2, and relative to representation in the Elec- 
 toral College, 578. 
 
 Tuck, Amos, Member of Peace Conference, 68 ; proposition 
 for a Convcntiou, 09. 
 
 Turner, Josiah, Jr., Representative in Second Rebel Con- 
 gress, 402; resolutions on peace, 014, 615. 
 
 Turner, Lewis C, Judge Advocate, instructions to United 
 Slates Marshals, ka., •212. 
 
 Turner, Thom.as J., Member of Peace Conference, 68. 
 
 TuRPiE, David, Senator in Thirty-Seventh Congress, 123. 
 
 TuiTLE, Ja.mes M., Brigadier General, orders ut Natchez, 
 respecting contrabands, 253. 
 
 Twenty-negro exemption law, rebel, and repeal, 120. 
 
 TwiGUS, PwiD E., M.ijorGeneral, surrender by, of his com- 
 
 Tvler, Er.ASTi.s I! , Brigadier General, order, respecting an 
 eleelicii in Delaware. 312 
 
 Tyler, Jn[iN, 8r., .Member of Peace Conference, 68; elected 
 President, 08; report of Peace Conference, 6; commis- 
 sioner for Virginia in making a le.ague with the "Con- 
 federate States," 8 ; Deputy in Rebel Provisional Con- 
 gress, 400. 
 
 V 
 
 Underwood, John C, Judge, opinion of, on confiscation act, 
 206,207; on colored persons as witnesses, 442, 443; 
 credentials as Senator from Virginia, 588. 
 
 Underwood, Jo.seph R., Letter of Brig. Gen. Buell to, 250. 
 
 Underwood, J. W II., Representative in Thirty-Sixth Con- 
 gress, 49 ; sent telegram South, 37 ; witiidrew, 3. 
 
 Underwood, Levi, Member of Peace Conference, 67. 
 
 Unemployed Generals, proceedings in Congress concern- 
 ing, 285— see "Generals." 
 
 Union, preservation of national, resolutions concerning, 
 75, 285. 
 
 Union League, platform of 1S64, 410. 
 
 Union N vtioxal Co.wevtion, proceedings of, 403-410. 
 
 Unitarian Ciiiri;iii, resolutions of Western Unitarian As- 
 sociati.m, :,i)i; oilier farts <-oiiceruiug, 504 ; of Spriug- 
 fieUU'oin Mle.,i ,,r 1 ^ :;. ;,ts. 
 
 Uniteii Br.r. 1 iiKi.N i'im lan. i, -.lutious of East Pennsylva- 
 uia Couli I .ii.-,', .Ml I ; I'liMil.-iit Lincoln's and Secretary 
 Stanton s iiiiler loi' Uie oixupalion of churches in the 
 insurrectionary States, 522. 
 
 United States Flag, to be suppressed in Baltimore, nofe, 
 39 1 ; Policeman Daneker's refusal to " con<le.scend " to 
 pull it down, and resignation of place, 394; William 
 T. Butler's resignation, 394. 
 
 Universalist CnuRCii, resolutions of General Conventions 
 of 1861, 1862, 1SG3, and 1864, 505, 506, 
 
 Upson, Charles, Representative iu Thirty-Eighth Con- 
 g)eB8, 140 ; report ou Louisiana case, 582-580. 
 
 Upton, Charles H., Representative in Thirty-Seventh Con- 
 gress, 122 ; unseated, 123. 
 
 Usher, John P., Secretary of the Interior, 108 ; report of, 
 on coloni::.ition experiment, note, 212. 
 
 Utah, polygamy in, act to prohibit, 376," 
 
 Vallandigham, Clement L., Representative in Thirty-Sixth 
 
 Congress, 49; Thirty-Seventh, 122; propositions of ad- 
 justment, 55, 73; arrest and trial, 162; refusal o( 
 Judge Leavitt to grant writ of habeas corpus, and his 
 opinion, 162; order, directing that he be sent beyond 
 the lines, 162; letter on retaliation, 175; case in 
 United States Supreme Court, 175; correspondenco 
 concerning, 167-175; return and address at Hamilton, 
 175; at Dayton, 176 ; notices by the press, 177 ; amend- 
 ment to army appropriation bill, 2b3; resolutions re- 
 lating to the war, 288; peace resolution, 296; resolu- 
 tion respecting the Trent affair, 343; resolution of cen- 
 sure of President Lincoln, 386; motion to make Gen. 
 McClellan's nomination unanimous, 420; allusion in 
 his Sydney speech to the Chicago Platform, ?io<e, 421; 
 letter to the j.V. w I'ork ^Xews, 423. 
 
 Van Buren, John, letter of George N. Sanders to, 330. 
 
 Vance, Zebulon B., Representative in Thirty-Sixth Con- 
 gress, 497 ; correspondenco with Jefferson Davis oa 
 peace, 306, 307 ; viow.s on reconstruction, 3.01. 
 
 Vandever, William, Representative in Thirty-Sixth Con- 
 gress, 49 ; Thirty ■ So venth, 122 ; member of Peace Con- 
 ference, 63 ; of Border States Committee, 73 ; resolu- 
 tion on the war, 291. 
 
 Van Horn, Burt, Representative in Thirty-Seventh Con- 
 gress, 122. 
 
 Van Valkenburgh. Robert B., Representative in Thirty- 
 Seventh Congress, 122; Thirty-Eighth. 110. 
 
 Van ^VINKLE, Peter G., Senator in Thirty-Eighth Congress, 
 149. 
 
 Van Wyck, Charles II., Representative in Thirt3'-Sixth 
 Congress, 48; Thirty-Seventh, 122. 
 
 Veatcii, James C, Brig Gen., order respecting the Metho- 
 dist Episcopal Churches in ilempliis, 522, 523. 
 
 Venable, Abram W., Deputy in Rebel Provisional Con- 
 gress, 400. 
 
 Vermont, vote for President in 1860, 1 ; in 1864, 623; mem- 
 bers of Peace Conference, 67 ; ThirtySi.\th Congress, 
 48; Thirty-Seventh, 122; Thirty-Eighth, 140; '-personal 
 liberty" laws, 44, 47 ; vote of Legislature on ratifying 
 the auti-slavery. amendment, 596. 
 
 Verree, John P., Representative in Thirty-Sixth Congress, 
 48 ; Tliirty-Sevonth, 122. 
 
 Vessels, United States, disposition of— see " Report." 
 
 Vest, George G., Deputy in Rebel Provisional Congress, 
 400; Representative in First Rebel Congress, 402; 
 Second, 402; Senator in Second, 611. 
 
 ViBBARD, Chauncey, Representative in Thirty-Seventh 
 Congress, 122. 
 
 VicKSBURO, President Lincoln's remarks on fall of, 334, 335. 
 
 ViLLERE, Charles J., Representative in First Rebel Con- 
 gress, 401 ; Second, 402. 
 
 Virginia, vote tor President in 1860, 1 ; members of Peace 
 Conference, 67 ; of Thirty-Sixth Congress, 48, 49; 
 Thirty-Seventh, 122; Thirty-Eighth, 141, 587, 588; 
 Governor Letcher's purchase of arms prior to secession, 
 35, 36 ; addresi of members of Congress to the iieople, 
 39; answer of President Lincoln to the delegation from, 
 112; resolution of Convention, 112; reconstruction 
 movement .and abolition of slavery in, 321; vote of 
 Legislature ou ratifying the ami-slavery amendment, 
 598; bill to erect West Virginia out of parts of, 377, 
 378. In Rebellion : Proposal to co-operate with South 
 Carolina, 2; secession movement in, 5-8; vote on ordi- 
 nance of secession, note, 7 ; league with the Rebel 
 States, 8; admission to the " Confederacy," 401 ; Depu- 
 ties in Reb d Provisional Congress, 400; members of 
 First Congress, 401, 402; Seeoii<l, 402; action of Legis- 
 lature on guerrillas, 119; pia c r. ^.lui i.iis and clis- 
 cussion in Legi.slaturo of, :i'it. oJ i, "ji ; m.ai in the 
 army, 39'.»; biH'lbr tlio eiMiili)\ m ui .^1 .-.l.r.e.s, note, 012. 
 
 VoORHEF.s, D^N-ri.L W.. K-piesiutalive lU Thirlv-SeventU 
 Coirj,i'-s. IJ2; ■riiirly-i.i- lit li, UO ; vote lor Vice Presi- 
 dent ill l)enio( r.iiir .\;,i al Convention, 420. 
 
 VOLUNTEl.lllM.. lel.i-l l i-t ri. I loii-< upon, I'.O. 
 
 VoLUNTEElxs, tile several eall.^ lor, lit, U5, '270. 
 
 Vroom, Peter D., Member ol Peace Coulerenco, 67. 
 
652 
 
 INDEX. 
 
 Wade, Bewjamin F^ Senator in Thirty-Sixth Consrress, 48; 
 Thirty-Seventh, 122; Thirty-Eighth, UO ; Ou Commit- 
 teo of Thirteen, 70; aineniliiieiits to reconstruction 
 bill. 318; paper on failure of said l>ill,332; action in 
 Louisiana case, 6S0. 
 
 Wade, Edward, Representative in Thirty-Sixtli Congress^49. 
 
 Wadswcrth, James S., Member of Pesice Conference, 67. 
 
 Wadsworth, William II., Representative in Tliirty-Scventh 
 Congress, 122; Thirty-Eighth, 140; resolution on the 
 powers of the President, 327. 
 
 Waite, Carlos A., Colonel, appointed to supersede General 
 Twiggs in Texas, 28. 
 
 Waldro.v, IIenrt, Representative in Thirty-Sixth Congress, 
 123. 
 
 Walker, Amasa, Representative in Thirty-Seventh Con- 
 gress, 123. 
 
 Walker, Lerot Pope, Commissioner from Alabama to Ten- 
 nessee, 11 ; Provisional Secretary of War. and resigna- 
 tion, 12, 400; correspondence with Beauregard before 
 bombardment of Sumter, 113, 114; speech after, 114; 
 appointed brigadier general, 400. 
 
 Walker, Richard Wilde, Deputy in Rebel Provisional Con- 
 gress, 11, 400; Senator in Second Congress, 402. 
 
 Wall, James W., arrest of, 153; Senator in Thirty-Seventh 
 Congress, 123. 
 
 Wall, William, Representative in Thirty-Seventh Congress, 
 
 Wallace, John W., Representative in Thirty-Seventh Con- 
 gress, 122. 
 
 Wallace, Lewis, Major General, suppression of Evening 
 Transcript, Baltimore, 192 ; confiscation orders revoked, 
 207, 208; correspondence with Governor Brad lord, 311, 
 312. 
 
 Wallace, W. H., delegate from Idaho, declaration of, note, 
 500. 
 
 Wallis, S. Teackle, arrest of, 152; motions and votes in 
 Maryland Legislature, 306-398. 
 
 Waltox, Charles W., Representative in Thirty-Seventh 
 Congress, 122. 
 
 Walton, E. P., Representative in Thirty-Sixth Congress, 
 48; Thirty-Seventh, 122 ; substitutes for emanciijation 
 bills, 200, 202. 
 
 W.iR, new article of, 237, 238; resolutions relating to its 
 objects, 285-290; to its prosecution, 290-294; extract 
 from rules of, for the protection of colored soldiers, 
 280 ; special income, tax, 357. 
 
 War, the, how and why made upon the United States, 112- 
 114. 
 
 Ward, C. L., letter of Mr. Pendleton to, 422. 
 
 Ward, Elijah, Representative in Thirty-Seventh Congress, 
 122; Thirty-Eighth, 140. 
 
 Ward, G. T., Deputy in Rebel Provisional Congress, 400. 
 
 Wardlaw, D. Louis, remarks in South Carolina Conven- 
 tion, 17 ; vote on ordinance of secession, 309. 
 
 Warfield, Henry M., arrest of, 162 ; votes in Maryland 
 Legislature, 396-398. 
 
 Washburn, Cadwallader C, Representative in Thirty- 
 Sixth Congress, 49; on Committee of Thirty- Three, 
 53 ; report of, 57 ; member of Peace Conference, 68. 
 
 Washburn, Israel, Jr., Representative in Thirty Sixth Con- 
 gress, and resignation, 48 ; Secretary Seward's letter 
 to, respecting Robert Elliott's arrest, 154 ; Governor of 
 Maine, ;ind signer of Altoona address, 233. 
 
 Washburn, William B., Representative in Thirty-Eighth 
 Consress. 140. 
 
 Washdurne, ELLinuB.,Representativein Thirty-Sixth Con- 
 gress, 49; thirty-Seventh, 122; Thirty-Eighth, 140; 
 resolution to expel Alexander Long, 387 ; letter of 
 Gen. Grant to, on Reconstruction, note, 571. 
 
 Waters, Richard P., Member of Peace Conference, 67. 
 
 Watson, J. W. C, Senator in Second Rebel Congress, 402. 
 
 Waul, T. N., Deputy in Rebel Provisional Congress, 11, 
 400. 
 
 Watne, James M., Justice Supreme Court of the United 
 States, opinion in tlie Vallandigham case, 175 ; the 
 lattcr's comment at Hamilton, 176. 
 
 Webster, Edwin IL, Representative in Thirty-Sixth Con- 
 gress, 48; Thirty-Seventli, 122; Thirty-Eighth, 140; 
 views on compensated emancipation, 213-217 ; instruc- 
 tions to Conference Committee on Montana bill, 240, 
 2tl. 
 
 Weed, TriURLow. Letter replying to Judge Campbell's re- 
 flections on Secretary Seward, 111, 112. 
 
 Welles, GiniiON, Secretary of the Navy, 108 ; correspond- 
 ence with Alexander H. Stephens, note., 307 ; letter on 
 alleged foreign enlistments, 344, 345. 
 
 Wells, Alfred, Ri^presentative in Thirty-Sixth Congress, 48. 
 
 Welsh, Israel, Representative in I'irst Rebel Congress, 
 401; Second, 402. 
 
 Wbslevan M.thodist, action of General Conference of 
 1864,546-518; testimony on slavery, 546, 547, 548; let- 
 ter to Piesident Lincoln, 546, 547. 
 
 West Chester Jeffersonian, damage for the seizure of, 
 441. 442. 
 
 West Virginia, Bill to erect State of, 377, 378, and noj*;; 
 vote of Legislature on ratifying the anti-hlav ry 
 amendment, 599 ; vote at Presidential election of 1864, 
 623. 
 
 Whalet, Kellian v., Representative in Thirty-Seventh 
 Congress, 122; Thirty-Eighth, 141 ; on select commit- 
 tee on compensated emancipation, 213 ; amendment to 
 West Virginia bill, 377. 
 
 Wharncliffe, Lord, correspondence with Mr. Adams, 460. 
 
 Wharton, T. J., Commissioner from Mississippi to Tennes- 
 see, 11. 
 
 Wheeler, Ezra, Representative in Thirty-Eighth Congress, 
 141; amendment to proposed constitutional iimend- 
 ment, 257. 
 
 Wheeler, William A., Representative in Thirty-Seventh 
 Congress, 122. 
 
 Whig, liichmnnd, on repealing substitution, 121; on tha 
 Rebel Governors, 430. 
 
 White, Albert S., Representative in Thirty-Seventh Con- 
 gress, 122; resolution for select committee on compeu- 
 B.ited emancipation, 213; Missouri and Maryland bills, 
 224, 226. 
 
 White, Chilton A., Representative in Thirty-Seventh Con- 
 gress, 122 ; Tiiirty-Eighth, 140. 
 
 White, D. V., Deputy in Rebel Provisional Congress, 400. 
 
 White, Joseph W., Representative in Thirty-Eighth Con- 
 gress, 140. 
 
 White, Thomas, Member of Peace Conference, 67. 
 
 WuiTi-LEY, William G., Representative in 'J'hirly-Sixth Con- 
 gress, 49 ; on Committee of Thirty-three, 63; report, 58. 
 
 Whitfield, R. II., Representative in Second Rebel Con- 
 gress, 402. 
 
 Whitthorne, W. C, Speaker of Tennessee Rebel House of 
 Representatives, 281. 
 
 Wickham, William S. C, Representative in Second Rebel 
 Congress, 402. 
 
 WiCKLiPPE, Charles A., Member of Peace Conference, 68; 
 Representative in Thirty-Seventh Congress, 122; at 
 Border States interview with the President, lill ; views 
 on compensated emancipation, 213-217 ; amendment 
 to enrollment bill, 201; propositions relating to the 
 war, 288; to the rebellious States, 323, 324; resolutions 
 for reassembling Democratic National Convention, and 
 for " letting the captives free," 420. 
 
 WiGPALL, Louis T., Senator in Thirty-Sixth Congress, 48; 
 inteimediary between Colonel Hayne and President 
 Buchanan, 32; Deputy in Rebel Provisional Congress, 
 11,400; appointed Brigadier General, 401 ; Senator in 
 First Congress, 401 ; Second, 402; remarks on peace, 616. 
 
 Wilcox, John A., Representative in First Rebel Congress, 
 402 ; death, 402. 
 
 Wilcox, Orlando B., Blajor General, despatches respecting 
 Hampton Roads Conference, 507. 
 
 Wn-D, E. A., Brigadier General, orders respecting churches 
 in Norfolk and Portsmouth, 642, and Rev. S. H. Wing- 
 field, 553. 
 
 Wilder, A. Carter, Representative in Thirty-Eighth Con- 
 gress, 141. 
 
 Wilkes, Peter F., Representative in Second Rebel Con- 
 gress, 402. 
 
 WiLKiNSO.v, Morton S., Senatorin Thirtj'-Seventh Congress, 
 122 ; Thirty-Eighth, 140 ; amendment to the Montana 
 bill, 240. 
 
 WlLLEY, Waitman T., vote on secession ordinance of Vir- 
 ginia, noie, 7 ; Senator in Thirty-Seventh Congress, 123; 
 Thirty-Eighth, 140; report on excluding colored per- 
 sons from street cars, 242; amendment to the freed- 
 men's bill, 260; resolutions on the war, 288. 
 
 Williams, John, one of the Tennessee protesters, 438-441. 
 
 Williams, T., Brigadier General, Order to turn all fugitives 
 from his camps, 251. 
 
 Williams, Thomas, Representative in Thirty-Eighth Con- 
 gress, 141 ; resolutions on the relations of the rebellious 
 States, 328, 329 ; on Peace, 575 ; action on Confiscation, 
 562, 6&3. 
 
 Williamson, Benjamin, Member of Pea ;e Conference, 67. 
 
 WiLMOT, David, Member of Pe.ace Conference, 67 ; Senator 
 in Thirty-Seventh Congress, 122. 
 
 Wilson, Henry, Senator in Thirty-Sixth Congi ess, 48; Thir- 
 ty-Seventh, 122: ihirty-Eighth,140; substitute for res- 
 olution relative to General Stone's arrest, 180; bill to 
 amend the fugitive slave law, 236; proposition respect- 
 ing slaves in dock-yards, 238; amendments to freed- 
 nien's bill, 260; enrollment bill, 261; army appropria- 
 tion bill, 277 ; the militia bill, 275. 
 
 Wilson, James, Representative in Thirty-Sixth Congress, 
 49. 
 
 Wilson, James F., Representative in Thirty-Seventh Con- 
 gress, 123; Thirty-Eighth, 140: amendatory joint reso- 
 lution on confiscation, 202; resolution to ratify the 
 emancipation proclamation, 230; on Select Committee 
 on compensated emancipation, 213; resolutions respect- 
 
653 
 
 ing an additional article of war, 238. and homesti-ads for 
 eoUiiers, 2S4; proposition on re-construction, 577 ; re- 
 port on repealing act relating to habeas corpus, 562. 
 
 Wilson, Robert, Senator in Thirtj-Scvcnth Congies.s, 123; 
 views on compensated emancipation, 213-217 ; amead- 
 mcuts to the Missouri bill, 225. 
 
 WlLSO.\, W. S., Deputy in Kcbel Provisional Congress, 11, 
 400. 
 
 WiN.^NS, Ross, arrest of, 152 ; votes in Maryland Legislature, 
 396-398 ; also. 394. 
 
 WiNANS, Thomas, proposed Member of Board of Public Safe- 
 ty of Maryland, 9. 
 
 WiNDOM, William, Representative in Thirty-Sixth Congress, 
 49; Thirty-Seventh, 122; Thirty-Eighth, 141 ; on Ooin- 
 niitttee of Thirty-three, 63; proposed constitutional 
 amendment, '.58. 
 
 WiNFiELD, Charles- H., Representative in Thirty-Eighth 
 Congress, 140. 
 
 WiNGFiELD, S. II., Reverend, orders of Major General Butler 
 and Brigadier General Wild respecting, 653. 
 
 WiNSLOw, Warren, Representative in Thirty-Sixth Con- 
 gress, 49; on Committee of Thirty-three, 53; report of, 
 56. 
 
 Wi.vsTON, John Anthony, Commissioner from Alabama to 
 Arkansas, 11. 
 
 WiscoNSi.v, vote for President in 1860, 1; in 1864, 623; 
 members of Thirty-Sixth Congress, 49; Thirty-Seventh, 
 122, 123; Thirty-Eighth, 140; vote of Legislature on 
 ratifying the anti-slavery ainendmetit, 599. 
 
 Wise, Henry A., proposition in Virginia Convention for 
 Confederate recognition, 6, 7 ; vote on secession ordi- 
 nance, note, 7 ; in caucus of 1835, 390. 
 
 Withers, Thomas J., Deputy in Rebel Provisional Congress, 
 2, 11, 400 ; report in South Carolina Convention, 18, 19, 
 20; vote on secession ordinance, 399. 
 
 WiTHERsPOON, James M., Representative in Second Rebel 
 Congress, 402. 
 
 Witnesses, colored persons as, in United States courts, 242, 
 243, 442; Judge Underwood's opinion respecting, 442, 
 443. 
 
 WoLcoTT, C. P., Member of Peace Conference, 68,»!Ofe. 
 
 Wood, Benjamin, Repiesentative in Thirty-Seventh Con- 
 gress, 122; Thirty-Eighth, 140 ; peace proposition, 294, 
 295. 
 
 Wood, Fernando, Representative in Thirty-Eighth Con- 
 gress, 140; New York as a free city, 42; correspondence 
 with President Lincoln on peace, 296, 297 ; propositions 
 respecting peace, 297, 298, 574; letter of George N. 
 Sanders to, 330. 
 
 Wood, John, Member of Peace Conference, 68. 
 
 Wood, John, Representative in Thirty-Sixth Congress, 48. 
 
 Wood, William B., Colonel, Secretary Benjamin's order to, 
 respecting East Tennessee bridge-burners, 187. 
 
 Woodbricge, Frederick E., Representative in Thirty- 
 Eightli Congress, 140. 
 
 Woodruff, John, Representative in Thirty-Sixth Congress, 
 48. 
 
 Woodruff, George C, Representative in Thirty-Seventh 
 Congress, 122. 
 
 Woodson, Samuel II., Representative in Thirty-Sixth Con- 
 gress, 49 ; on Peace Conference proposition, 70. 
 
 Woodward, George W., Justice, decision on enrollment act, 
 
 24 o, 274: General McClellan's letter respecting the 
 election of, as Governor of Pennsylvania, 3SG. 
 
 Wool, John E., Major General, Member of Peace Confer- 
 ence. 67 ; orders respecting contrabands, 24S. 
 
 WooLFORD, Frank, Colonel, resolution relative to imprison- 
 ment, and reply, 5G0. 
 
 Worcester, Samuel T., Representative in Thirty-Seventh 
 Congress, 122. 
 
 World, New York, seizure of oflBco, and subsequent proceed- 
 ings, 192-194. 
 
 Wortuinoton, IIenrt 6., Representative in Thirty-Eighth 
 Congress, 559. 
 
 Weight, Augustus R., Deputy in Rebel Provisional Con- 
 gress, 11, 400; Representative in First Congress, 401; 
 peace proposition, 305. 
 
 Wright, Crafts J., Secretary of Peace Conference, 68. 
 
 Wright, Uendrick B., Representative in Thirty-Seventh 
 Congress, 122; resolutions on the war, 283-291. 
 
 Wright, John C, Member of Peace Confureuco, 68; death 
 of, 68. 
 
 Wright, John V., Representative in Thirty-Sixth Congress, 
 49; Representative in First Rebel Congress, 402 ; Sec- 
 ond, 402. 
 
 Wrigut, Joseph A., Senator in Thirty-Seventh Congress, 
 123; superseded, 123. 
 
 Wright, William, Senator in Thirty-Eighth Congress, 140. 
 
 Wright, William B., Representative in First Rebel Con- 
 gress, 402. 
 
 Wtlie, Andrew, Justice, opinion in the Hogan habeas cor- 
 pus case, 562. 
 
 Yancey, William L , Rebel Commissioner to England, let- 
 ter of, to Earl Russell, 27 ; reported conversation with 
 Earl Ilusstll, 27 ; Senator in First Rebel Congress, 401 ; 
 death, 401. 
 
 Yates, Richard, Governor of Illinois, signer of Altoona 
 address, 200 
 
 Yeaman, George II., Representative in Thirty-Seventh 
 Congress, 123 ; Thirty-Eighth, 140; resolutions on the 
 Presideufsemaucipation proclamation, 229 ; resolutions 
 on the status of the rebellious States, 327, 328 ; propo- 
 Bitiou relative to guerrillas, 501. 
 
 Yellott, Coleman, Letter for a convention in Maryland, 9; 
 public safety bill in the Senate of Maryland, 9; pro- 
 ceedings on^ 398; commissioner from Legislature ul 
 Maryland to visit Jefferson Davis, 9; report of, 9; also, 
 393. 
 
 Yerger, E. M., Commissioner from Mississippi to Florida, 11. 
 
 Young Men's Christian As.sociation, resolutions of, in 1863, 
 506, 507. In iNSURRECTiON.iRY States: Address of, 
 517. 
 
 Yulee, David Levy, Senator in Thirty-Sixth Congress, 4S ; 
 withdrew, 3; intermediary between Col. Uayur and 
 President Buchanan, 32; " secret " disunion lett^jr of, 
 
 Zacharie, J. W. & Co., purchase of Government arms in 
 
 1860, 35. 
 ZOLLICOFFEE, Feux K., Member of Peace Conference, 68. 
 
isroTiOES. 
 
 A FEW TESTIM0:N^IALS of the first edition are GIVEN: 
 From Senator Sherman. 
 
 U. S. Se:sate Chamber, 
 
 Washisgton, March 12, 1865. 
 
 Deab Sir: I have carefully examined your Political History of the Rebellion, and take great 
 pleasure in commending its accuracy aud completeness. You have condensed in a compara- 
 tively small space all the material political facts of the rebellion, and have provided a voiy 
 good index. Your book is not only valuable as a convenient reference for dates aud events, 
 bat as a substantial contribution to the history of our time. 
 Very truly, yours, 
 
 JOHN SHERMAN. 
 Hon. Edward McPheksoit. 
 
 From Representative Cox. 
 
 House of Representatives, 
 
 WAshin'Gton, February 10, 1865. 
 
 Mt Dear Sir : Allow me to bear my testimony to the value of your political and historical com- 
 pendium. I have had occasion to test its accuracy, and find that it is not only a great labor-sa- 
 ving manual, but a full and truthful account of the great causes and events connected with 
 these wonderful years of our Republic. I trust that your research and care may be abun- 
 dantly rewarded by a discerning ]-ublic. 
 
 with respect, 
 
 s. s. cox. 
 
 Hon. Edward McPheeson. 
 
 IImx. Thomas D. Eliot, in the Xno Bedford (Mass.) 3/«re!«ry, of May, 1865: " It is the most exhaustive digest of 
 pdlitical facts and Congressional action wiiicli has been prepared. It is an admirably condensed history, and an 
 enlan;ed edition will find a cordial welcome." 
 
 J\'m-tlt Ainfrican Reviexo, .January, 18(35: '' Of'great value for reference and consultation, for it contains a vast mass of 
 material, iudiciously selected, compactly arraniied, and conveniently classified, carefully printed, and proviiled with a 
 luciil t:il)l'i' cf cciiitonts 'lud .-^ good index. It'will he found a desirable, almost an indispensable, supp;ement to the 
 niiii.oii.il l)i-t riis oftheKebellion." 
 
 // '/ (/f, November, 1864: " No one who has not occsision to use such a work for constant reference can 
 
 • in which this has bee 
 
 \,..,ri.\i:t I.L^ runj Gazette, October 1: "It is exceedingly difficult to give a correct idea of the great value 
 of IliislMK. kill aii.vthiiigshortof an elaborate review. * * The library, public or private, or the public man, wlio is 
 without Sir. Mcl'iiersou's history, will lack one of tho most valuable and reliable sources of iufonii.it ion." 
 
 Xcw i'ortc Tribune, September 17: "It is beyond comparison tlio fullest and most lucid cmipilation of propo- 
 sitions, votes, acts, .\;c., Sec, in Conj^ress, military Orders, &c., &c., (Conl'ederato as well as Union,) that was ever made." 
 
 iVi'TO York Wvrld, September 20 : '• A lull, acCurato, and clear comjiilation." 
 
 y,w I'tirl: Times. October 10: "AVo assure all who have occasion to study the events of tho current history 
 of the country that they will lind it a storehouse of information, which they cannot procure in so compact a form else- 
 
 JS'nu York Post, October 11 : " It is every way a work deserving of the warmest commendation, as being the most 
 coiiiidote vet compact cotii)iilation of facts and documents on the subject of which it treats, that has yet appeared." 
 
 l",itad:'ljilna J'ress, September '21: "lie h.is shown not merely in<ln^try, but jmlgnient and ability in collecting, 
 comkiisiii!,', aud pmperly arranging his materials. * * The Copious and exact indgx makes the book invaluable, 
 because iiio-.t re.idily accessible ibr lelVreiiee." 
 
 I'liiladelpliia Arf, September -'1 : " It is a complete synopsis of Federal and Confederate political history since ISCO. 
 
 Pliiladelpliia .Xnrtli America)/, September 22: "One of the most valuable political digests which have been published 
 in this country fir a long time." 
 
 J'liiladelpliia Intiuircr: " A copious, accurate, and valuable contribution to our national history." 
 
 iV(?7u(/t'//(//iV( .S'"/!</((// />iV<;^)«/c//, September 2.) : ••.\ work of reference which no politician nor citizen who desires to 
 be well pijsted in the alTaiis of tli- nation can do without." 
 
 J'hUai/rliiliiu Led'/ir, Septemlni' 28: '• .\s a work of reference and material for the future historian, it is in f ahiable.'' 
 
 I'/iiladelpliia Evening Tleyr<ipli, October 26 : " No one who takes any iiitrrest in the great events which have for four 
 years convulsed our l.iud should neglect to peruse with care this really valuable work." 
 
 I'liiladiljitiia Evening Ilidlelin,Oe{«\n-r-rt: "It more than tultil-i tb<' <'\pectations that were raised concerning it. 
 ■We must express our adiiiiralioii <irilie Ze.-.l. intelli\'eiice, and itulustry shown in the prejiaration of this woik." 
 
 liidliniiire American, ^(.•\iUu\\«r 'lij: "We can hardly rel'ei to another instance ol such successful condensation as 
 this b(]<ik exhibits. It retiuires no puffing to attract purchasers.'' 
 
 Wasldngtnn Xidinnal Intelligtncer, August 26: " In no other work can they find tho materials of history so faithfully 
 compiled, so copiously selected, and so judiciously arr.iugeil. To all students of history, to journalists, to publicists, and 
 to intelligent readers of every class, it will be aii'invaluable repository of facts and memoranda relating to the eventful 
 times in wliiih \\i- live." 
 
 Wa.ddnginu Clirnnnje, September 2: "It is the most thorough work of the kind we have ever seen. A volume like this 
 saves an inmieiisily of l.ibor to the legislator, the editor, anil the public Bjieaker, as well as to the historian " 
 
 Boston Advi-rtiS'-r, Deremher 15: "The limits presented to tho compiler liave been used to extraordinary advantage, 
 and lor reference we know <if no single vtiluiiie approaching in value to this." 
 
 Boston Travil''r, December 15: "No other work yet published is equal to it cither as an authority or for thor- 
 oughness and completeness." 
 
 Boston I'osI, Fciiruaiy 21, 1865: "We have given it a careful examination, and believe it is a very valuable companion 
 for the sturleiit of the rubellion. The arrangement of the matter is admirable, and this, in connection with the index, 
 greatly facilitates inv.'stigation." 
 
 The M>-tl(odisl. .April 15, l.S6o: "Mr. JlcPherson had a hard task before him, and he has done it well. His history ia 
 Irj- all odds the m<ist valuable work of its kind yet published. * * We think his the most leasil.le and sensible phin 
 of writing the histury of tjie relielli " 
 
 London Allieiiuum, .lanuary 7, 1865 : " .As far as we have been able to test it. the hook is an accurate and thoroughly 
 honest re|/ertory ol historical data; and in that light, we doubt not, it will, in the course of « few years, bo esteemed 
 by writers and students of all countries and all parties." 
 
 655 
 
A mmm work on the eebellm. 
 
 McPHERSON'S 
 
 POLITICAL HISTORY OF THE REBELLION, 
 
 WITH A 
 
 COPIOUS CHAPTER ON THE CHURCH AND THE REBELLION. 
 
 From November 6, 1860, to April 15, 1865. 
 
 The Second Edition of this valuable and popular Work gives all the matter in the first, 
 carefully revised, with the addition of an Appendix, containing the Church Chapter, and bringing 
 the His'tory down, through the late Presidential Canvass and the last Session of the Union and 
 the Rebel Congress, to the death of President Lincoln, and the overthrow of the Pebel Admin- 
 istration. 
 
 Among its chief contents, are these: 
 
 I. The Various State Papers of the Period — both Executive, Legislative, and Judicial — 
 classified according to dates and subjects. 
 II. A Record of the proceedings in the rebellious States between the Presidential election 
 of 18G0 and the breaking out of the war, including the important Official Papers 
 produced by tlie Secession movement. 
 
 III. The Action of the last Congress of President Buchanan's Administration, with a State- 
 
 ment of each Pi'oposition of Adjustment offered, and the votes thekeon, in Congress, 
 the Peace Conference, and other Adjustment Organizations. 
 
 IV. The Constitution of the United States, and that of the Rebel States, with the points 
 
 of difference. 
 V. President Lincoln's First and Second Inaugural Addresses, his Various Annual Mes- 
 sages, and all other papers relating to the War and its Issues. 
 VI. Congressional, Executive, and Judicial Action respecting the Arrest of Citizens, and the 
 
 Writ of Habeas Corjius. 
 VII. Laws, Decisions, and Votes upon Confiscation and Sequestration. 
 VIII. The whole record upon proposed Compensated Emancipation, and upon the policy of 
 Emancipation. 
 IX. All proposed Amendments to the Constitution of the United States ; and the Vot^ 
 upon that for the Extinction of Slavery both in Congress and the various State 
 Legislatures. 
 X. All other Votes, Orders, and Action respecting every other phase of the multiform Sla- 
 very Question, both in the Union and the Rebel Congress. 
 XI. The Military Legislation of the Period, together with the Orders of the Military respect- 
 ing Elections, Impressment of Property, Occupancy of Churches, &c. 
 XII. The Niagara Falls and Hampton Roads Peace Negotiations, and all Congressional and 
 Legislative Action proposed or taken on the subject of Peace. 
 
 XIII. The Action of Congress, the Executive, and the Military relating to the vexed, and 
 
 still unsettled. Question of Reconstruction. 
 
 XIV. The Diplomacy, and the Financial Movements of the Period. 
 XV. Full lists of the Union and Rebel Administrations. 
 
 XVI. The National Conventions at Cleveland, Baltimore, and Chicago, with the Platforms, 
 Nominations, and Acceptances of the candidates of each. 
 XVII. The Correct Vote at the Presidential Election of 1860, and of 1864. 
 XVIII. The Church and the Rebellion — giving the Action of each Denomination since 1861 on 
 the State of the Country ; the action of the Churches in the Rebel States ; the relations 
 of the Military to the Churches in the Border and the Insurrectionary States; and 
 the Reconstruction of Churches. 
 XIX. Original Records from the Office of the Judge Advocate General, illustrating the opera- 
 tion of I^mancipation in the Southwest, and the character of the Rebellion. 
 The work may be justly said to be a magazine of facts, arranged in logical order, or grouped 
 in natural harmony, and contains an exhaustive Index, which makes reference to both names and 
 subjects ready and easy. 
 
 It is the most thorocgh, accurate, impartial, and- complete compendium op the 
 rebellion which has yet been published, and covers the whole op president llncolu's 
 Administratwn. 
 
 One volume Svo, 653 pp., cloth. Price $5, free by mail. 
 
 PHI LP & SOLOMONS, Publishers, 
 Metrofolit.\n Book Store, Washinr/lon, D. C. 
 G5G 
 
1 
 
 i 
 
 { 
 
iq«;n 
 

 ^0^ 
 
 
 / 
 
 A o 
 
 y ^ °. 
 
 
 
 
 
 U^ . V » o , . '1 
 
 '^ ^^^\^^ 
 
 
 
 ^/.d< 
 
 ^^ "5^ 
 
 .^^^^ 
 
 
 
 
 
 ^= ^ •, 
 
 
 
 '\<^^ ' 
 
 «^'^ ^ 
 
 ^.d^^ ^ 
 
 
 .* .^N 
 
 ,^^<5.. 
 
 
 .^^ <?^ 
 
 lH Q. : 
 
 * V^^ ^- 
 
 
 
 
 V ^' 
 
 
 ^<^ * 
 
 
 ■'>>><^^ 
 
 
 
 
 \ 
 
 
 ^^0^ 
 
 ^^^^- 
 
 
 
 
 
 
 
 ^ % ^^ 
 
 G^ v" 
 
 0^ V 
 
 ."a»\ "^^0^ ,^*^ife: "^^o^ o* 
 
 *" ^^ ^ o'^^^^^^'^J' A o^ 
 
 
 ^ <5^ 
 
 3,°-o..-*\\V" ^'-o,,.-^".^"^ ^^.'^o.x-*^^'^ ^^*v 
 
 A 
 
 
 ^^-..*^ .♦ 
 
 
 
 
 .,. <^ 
 
 
 r ^*^ 
 
 •' ^^^0* -*, 
 
 f^^ 
 
 „-t o. ', \ *r» - ii cp^ 
 
 = f°- =A:M^.^ 
 
 
 
 : •^^d' 
 
 ^^^.^'/^V 
 
 >^ 
 
 
 '= %.*^ •»&''= ^^^„.«^ /iSSfzr= V.# -' 
 
 "/ 
 
 
 
 
 •or 
 
 >^.^--..% co^o^^^<^^ o^^^^^i^^/V c?^^o_^;^.>^ 
 
 -n^o^ 
 
 '" %o^ -^ 
 
 -^^0^ 
 
 
 
.^^ <5^ 
 
 
 .^^ °^ 
 
 
 
 
 
 ^^:^,^ ^-y^s^^' ^-y^s/ ^-;W^^\<^^ 
 
 ^'S^ <^c::;^"S^ oo\^:^'^% <^.^^^;j"f<u cp^.^ 
 
 
 
 . « . . ^.■•'' "-^ , \^'Sv>>= / -- =.\ X '(- / "-^ , ' 
 
 
 
 
 
 .^ * 
 
 s^.#^ 
 
 rP^ s- 
 
 
 ,^ '-^^ -; ^ 
 
 1.*" ■^o'« 
 
 |;iai| 
 
 ^>.o^ 
 
 ^* ^^ 
 
 ^ <^ 
 
 i^ 
 
 
 
 
 
 
 
 
 
 * oV 
 
 -^^0* 
 
 r ^9. =.^5^^^^ 
 
 ' -"^^o^ 
 
 H Q. 
 
 ^\^^ 
 
 -./--. 
 
 z ' 
 
 0^ s^ 
 
 0^ V 
 
 
 
 ^ 
 
 %.^-^%>^\w„.^9, 
 
 x^" 
 
 ■« <5< 
 
 
 
 
 r^'Vo^ 
 
 ^/^.=^^S^^^J^^^^ ^ V, 
 
 5^ 
 
 
 V .^ '". % " C^ .^°«/ S^ 
 
 <. 
 
 
 • CV 
 
 
 .^'# 
 
 
 Wl 
 
 ^ * 
 
 \ > . V » Q . ^^^ 
 
 oO\^^'' 
 
 :.>\/ 
 
 ^ "^^0^ 
 
 ." _.^^^- 
 
 
 
 
 
 
 
 
 
 O 'P 
 
 I ^ "%. o< . 
 
 -^,0^ 
 
 A"^ 9?, -0, V-* .^"^ ^Q, 
 
 
 
 ^^v'^ 
 
 /;>^o,V"'^^^N>^^-.%; 
 
 mh\ 
 
 -^^^^ 
 
 ^.^^iSvr^^ ^^i%\^